[Ord. 1998-5, 7/20/1998, § 4.100]
1.
The regulations set by this chapter shall apply uniformly to each
class or kind of structure or land, except as provided for in this
chapter.
2.
No building, structure, or land shall hereafter be erected, constructed,
reconstructed, moved, or structurally altered internally or externally
and no building or structure or part thereof shall hereafter be used
or occupied unless it is in conformity with the regulations herein
specified for the district in which it is located.
3.
No part of a yard, or other open space, or off-street parking or
loading space required or in connection with any building for the
purpose of complying with this chapter, shall be included as part
of a yard, open space, or off-street parking or loading space similarly
required for any other building.
4.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
5.
All territory which may hereafter be annexed to the Township shall
be considered to be zoned in the same manner as the contiguous territory
inside the previous Township limits until otherwise classified.
[Ord. 1998-5, 7/20/1998, § 4.200; as amended by
Ord. 2009-2, 3/3/2009, § 8]
1.
Permitted Uses. Uses listed as permitted uses within each district
in this Part and in Schedule 27-I[1] shall require no special action by the Township Supervisors
or Zoning Hearing Board before a zoning permit is issued by the Zoning
Officer.
[1]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
2.
Conditional Uses. Uses listed as conditional uses within each District
in this Part and in Schedule 27-I shall require individual consideration
in each case because of their unique characteristics. Such conditional
uses shall be referred to the Planning Commission by the Township
Supervisors for review and recommendation and may be permitted only
after a public hearing and determination by the Board of Supervisors
that such uses meet the standards in this chapter.
3.
Special Exception Uses. Uses listed as special exceptions within
each District in this Part and in Schedule 27-I shall require individual
consideration in each case because of their unique characteristics.
Such special exceptions shall be referred to the Planning Commission
for review and recommendation and shall be permitted only after a
public hearing and determination by the Township Zoning Hearing Board
that such uses meet the standards in this chapter.
4.
Prohibited Uses.
A.
Any use
not permitted by this chapter within a district shall be deemed to
be prohibited within that district.
B.
The following uses are specifically prohibited within the C-4 District:
(1)
Uses not specifically listed in Schedule 27-I for the C-4 District
are prohibited unless the Board of Supervisors makes a determination
that the proposed use is of the same general character as the C-4
District permitted uses and will not be detrimental to the C-4 District
and surrounding neighborhoods. The following uses are specifically
prohibited uses in the C-4 District: adult book, video store or establishments;
adult theaters, sexually-oriented businesses, massage parlors, gambling
facilities, self-service storage facilities, storage yards, warehouses,
substance abuse facilities, plus:
(a)
All of Division B — mining.
(b)
All of Division C — construction, except for office use
provided no exterior storage of materials or equipment.
(c)
All of Division D — manufacturing.
(d)
All of Division E — transportation, communications, electric,
gas and sanitary services.
(e)
All of Division F — wholesale trade.
(g)
Under Division I — services.
1)
Under Major Group 70.
a)
SIC 7011 hotels and motels (except bed-and-breakfast
inns up to four bedrooms which are permitted).
b)
SIC 7021 rooming and boarding houses.
c)
SIC 7032 sporting and recreational camps.
d)
SIC 7033 recreational vehicle parks and campsites.
e)
SIC 7041 organization hotels and lodging houses,
on membership basis.
(h)
Under Major Group 72.
1)
SIC 7211 power laundries, family and commercial.
2)
SIC 7212 garment pressing, and agents for laundries and dry-cleaners.
3)
SIC 7213 linen supply.
4)
SIC 7216 dry-cleaning plants.
5)
SIC 7217 carpet and upholstery cleaning, except for cleaning
done on customers' premises.
6)
SIC 7218 industrial launderers.
(i)
Under Major Group 73.
1)
Under business services, not elsewhere classified (SIC 7389):
a)
Automobile recovery service.
b)
Automobile repossession service.
c)
Bondspersons.
d)
Drive-a-way automobile service.
e)
Field warehousing, not public warehousing.
f)
Gas systems, contract conversion from manufacturing
to natural gas.
g)
Presorting mail service.
h)
Produce weighing service, not connected with transportation.
i)
Repossession service.
j)
Scrap steel cutting on a contract or fee basis.
k)
Solvents recovery service on a contract or fee basis.
l)
Weighing foods and other commodities.
m)
Yacht brokers.
[Ord. 1998-5, 7/20/1998, § 4.300]
Any legally established existing use of a building or structure,
lot or parcel of land or part thereof, as of the effective date of
this chapter may be continued.
[Ord. 1998-5, 7/20/1998, § 4.400]
1.
The 1987 Standard Industrial Classification (SIC) Manual is the basis
for Schedule 27-I[1] land use activities B through K. Land Use Activity A Residential
is based upon local definitions and criteria in view of the fact that
the SIC Manual is primarily a nonresidential land use activity classification
system.
[1]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
2.
Non-classified Land Use Activities. Non-classified land use activity
shall be referred to the Zoning Hearing Board for classification into
the closest SIC Code or residential land use activity available in
Schedule 27-I.
[Ord. 1998-5, 7/20/1998, § 4.500]
Land use activities within each district in this Part and in
Schedule 27-I[1] shall be required to comply with NEPA (42 U.S.C. § 4321
et seq.), and the federal regulations (40 CFR, Parts 1500 through
1508) implementing NEPA, when the land use activity is, at some stage,
subject to federal approval of a permit, loan, loan guarantee, insurance,
contract, grant, subsidy, lease, license, certificate, or other federal
action, including other forms of federal funding assistance or federal
entitlement for use.
[1]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
[Ord. 1998-5, 7/20/1998, § 4.600]
1.
Buffer Requirements. Stroud Township shall require a buffer to be
developed and maintained along the Township boundary where a different
zoning district exists outside the Township.
[Ord. 1998-5, 7/20/1998, § 4.700]
1.
Conditional Use Application Procedure. All applicants shall submit
three sets of site plans to the Zoning Officer when making application
for a zoning permit. The following information shall be included:
A.
A statement regarding the proposed use. All applicable requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] shall apply.
B.
The Zoning Officer shall within 15 days, together with the Zoning
Officer's written report containing comments and/or recommendations
to the Board of Supervisors and Planning Commission, site plan is
submitted in compliance with this section, submit two copies of said
plans.
C.
The Planning Commission shall review and submit a recommendation to the Township Supervisors, and the Board of Supervisors shall conduct a public hearing using the procedures set forth in § 27-1109, Subsection 1H, hereof. If the plan has been substantially revised during the hearing process, prior to the final hearing, the Board of Supervisors may refer the application to the Planning Commission for further review and comment. Said review comments shall be received by the Board prior to the close of the final hearing. If disapproved, the reasons for disapproval shall be clearly stated on one copy of the submission and returned to the applicant. The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Township Supervisors is obtained. Approval may be made conditional upon the applicant's adoption of specified changes in the submission.
D.
The absence of action by the Supervisors within the specified time
shall constitute approval of the application.
2.
General Standards and Criteria for Review. A conditional use:
A.
Shall not cause substantial injury to the value of other property
where it is to be located.
B.
Shall conform with regulations applicable to the district where located or shall conform to the more specific standards listed in Part 5 of this chapter.
C.
Shall be compatible with adjoining development.
E.
Shall provide off-street parking and loading and access in keeping
with this chapter so as to minimize interference with traffic on the
local streets.
F.
Shall not jeopardize the public health, safety, welfare, and convenience.
G.
Such
conditional uses which are authorized by the Supervisors may be subject
to any additional conditions and safeguards established by the Supervisors
in each case which may be warranted by the character of the areas
in which such uses are proposed or by other special factors and which
are necessary to implement the purposes of this chapter. During the
review process, the Township Planning Commission and Township Supervisors
shall require the applicant for a conditional use to prepare and submit
additional information such as a fiscal impact analysis, an environmental
assessment, a traffic impact analysis, or any other reports as hereinafter
more specifically set forth, for their review and consideration of
the application, when the following criteria are met:
(1)
Fiscal Impact Analysis. A fiscal impact analysis, conforming to the requirements of § 27-707, Subsection 4, of this chapter, shall be required when the proposed structure is 100,000 square feet, or greater.
(2)
Environmental Assessment. An environmental assessment, conforming to the requirements of § 27-706, Subsection 4, of this chapter, shall be required when the gross acreage of the site contains 33% or more of wetlands, streams or slopes greater than 15%. Any combination of the above conditions shall be included in the 33% figure.
(3)
Traffic Impact Analysis. A traffic impact analysis, conforming to the requirements of § 27-706, Subsection 3 and 27-706, Subsection 3A, of this chapter, shall be required when the proposed use will generate 1,000 or more ADT, as determined by the latest publication entitled "Trip Generation, an Informational Report" published by the Institute of Transportation Engineers.
[Ord. 1998-5, 7/20/1998, § 4.800]
1.
Special Exception Application Procedure. All applicants shall submit
11 sets of site plans to the Zoning Officer when making application
of a zoning permit. The following information shall be included:
A.
A statement regarding the proposed use. The site plan shall at a minimum include all requirements set forth in the Township Subdivision and Land Development Ordinance [Chapter 22].
B.
The Zoning Officer shall, within 15 days determine whether the site plan was submitted in compliance with Subsection 1 and shall submit said plans, together with his written report containing comments and recommendations to the Township Planning Commission and its professional consultants.
C.
The Planning Commission shall review and submit a recommendation to the Zoning Hearing Board. The Zoning Hearing Board shall conduct a public hearing using the procedures set forth in § 27-1109, Subsection 1H. If the plan has been substantially revised during the hearing process, prior to the final hearing, the Board of Supervisors may refer the application to the Planning Commission for further review and comment. Said review comments shall be received by the Board prior to the close of the final hearing.
2.
General Standards and Criteria for Review. A special exception:
A.
Shall not cause substantial injury to the value of other property
where it is to be located.
B.
Shall conform with regulations applicable to the district where located or shall conform to the more specific standards listed in Part 5 of this chapter, and shall conform to the intent of the district.
C.
Shall be compatible with adjoining development.
E.
Shall provide off-street parking and loading and access in keeping
with this chapter so as to minimize interference with traffic on the
local streets.
F.
Shall not jeopardize the public health, safety, welfare, and convenience.
G.
Such special exceptions which are authorized by the Board may be
subject to any additional conditions and safeguards established by
the Zoning Hearing Board in each case which may be warranted by the
character of the areas in which such cases are proposed or by other
special factors and which are necessary to implement the purposes
of this chapter. During the review process, the Township Planning
Commission and Township Zoning Hearing Board shall require the applicant
for a special exception to prepare and submit additional information
such as a fiscal impact analysis, an environmental assessment, a traffic
impact analysis, or any other reports as hereinafter more specifically
set forth, for their review and consideration of the application,
when the following criteria are met:
(1)
Fiscal Impact Analysis. A fiscal impact analysis, conforming to the requirements of § 27-707, Subsection 3D, of this chapter, shall be required when the proposed structure is 100,000 square feet, or greater.
(2)
Environmental Assessment. An environmental assessment, conforming to the requirements of § 27-706, Subsection 4, of this chapter, shall be required when the gross acreage of the site contains 33% or more of wetlands, streams or slopes greater than 15%. Any combination of the above conditions shall be included in the 33% figure.
(3)
Traffic Impact Analysis. A traffic impact analysis, conforming to the requirements of § 27-706, Subsection 3 and 27-706, Subsection 3A, of this chapter, shall be required when the proposed use will generate 1,000 or more ADT, as determined by the latest publication entitled "Trip Generation, an Informational Report" published by the Institute of Transportation Engineers.
[Ord. 1998-5, 7/20/1998; as added by Ord. 2009-2, 3/3/2009,
§ 11]
1.
The following general standards apply to the C-4 Zoning District:
A.
Pedestrian Circulation. Convenient pedestrian circulation systems
that minimize pedestrian-motor vehicle conflicts shall be provided.
Where feasible and appropriate, any existing pedestrian routes through
the site shall be preserved and enhanced. All streets, except for
alleys, shall be bordered by sidewalks on both sides unless otherwise
permitted by the Board of Supervisors. The following provisions also
apply:
(1)
Residential Sidewalks. Clear and well-lighted sidewalks, 3.5
feet in width, shall connect all dwelling entrances to the adjacent
public sidewalk.
(2)
Nonresidential Sidewalks. Clear and well-lit walkways shall
connect building entrances to the adjacent public sidewalk and to
associated parking areas. Such walkways shall be a minimum of five
feet in width.
(3)
Disabled Accessibility. Sidewalks shall comply with applicable
requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101
et seq.
(4)
Crosswalks. Intersections of sidewalks with streets and access
drives shall be designed with clearly defined edges. Crosswalks shall
be well lit and clearly marked with contrasting paving materials at
the edges or with other method approved by the Board of Supervisors.
B.
Residential Development. If a property is developed for residential
dwelling units, it shall be developed for a mix of residential dwelling
units and nonresidential uses. No more than 50% of the ground coverage
of each lot and total floor area of each building shall be devoted
to residential uses.
C.
Nonresidential Development. If a development contains less than 5,000
square feet of nonresidential floor area, up to 50% of the nonresidential
floor area of each building may be devoted to retail uses. If a development
contains 5,000 square feet or more of nonresidential floor area, no
more than 20% of the nonresidential floor area of each building may
be devoted to retail uses. No individual retail use shall exceed 1,500
square feet in size.
D.
Residential and Nonresidential Development.
(1)
No more than one row of off-street parking spaces shall be located
in a front or side yard along a public street in a C-4 development.
No more than two rows of off-street parking spaces shall be located
in a front or side yard along a private road or driveway in a C-4
development.
(2)
Unless longer building lengths are approved by the Board of
Supervisors at their discretion:
(a)
The length of a one-story building, or building height under
15 feet, along a public street shall not exceed seven times its height.
(b)
The length of a two-story building, or building height between
15 feet and 25 feet, along a public street shall not exceed six times
its height.
(c)
The length of a three-story building, or building height over
25 feet, along a public street shall not exceed five times its height.
E.
Landscaping, Screening and Buffering. The composition and location of landscaping shall complement the scale of the development and its surroundings. An overall landscaping, screening and buffering scheme shall be prepared by a registered landscape architect and is subject to approval by the Board of Supervisors. Earthen berms may be incorporated into the landscaping scheme. The standards of §§ 27-602 and 27-603 of this chapter are applicable.
F.
Access Management.
(1)
The use of shared access points for adjacent nonresidential
uses shall be utilized to better facilitate the flow of traffic by
increasing access coordination along road frontages and minimizing
confusion caused by an excessive number of access points, unless permission
is granted by the Board of Supervisors to use individual access points.
(2)
The following standards shall be met to the satisfaction of the Board
of Supervisors for all types of land uses:
(a)
Limit the number of access points along collector and arterial
roads.
(b)
Use parallel access roads as entrances to uses and lots that
abut collector and arterial roads.
(c)
Coordinate ingress and egress locations for adjacent uses, lots
and structures along collector and arterial roads.
(d)
Connect interior access ways, parking areas or loading areas
of uses with frontage along collector and arterial roads.
(e)
Only one access shall be permitted for a property. An additional
access or accesses may be permitted by the Board of Supervisors if
the applicant demonstrates that an additional access or additional
accesses are necessary to accommodate traffic to and from the site
and it can be achieved in a safe and efficient manner.
