[Ord. 2009-01, 4/2/2009, § 601]
1.
The criteria for conditional and special exception uses are listed
for each zone district in this Part of this chapter. Only those uses
expressly listed as conditional or special exception uses in a particular
zone district may be considered in that zone district.
2.
Any application for a conditional use or special exception use approval
shall demonstrate that:
A.
The use will not endanger the public health, safety, or welfare if
located where proposed and will not deteriorate the environment or
generate nuisance conditions.
B.
The use can be accommodated on the site in accordance with the requirements
of the zoning district, even in instances where a zoning variance
may be necessary to accommodate such use.
[Amended by Ord. No. 2017-03, 10/5/2017]
C.
The use is compatible with or will support the development in the
neighborhood of the site.
D.
The use will not require extensive earthmoving or revision of drainage
patterns or create substantial increase in stormwater flow that will
impact downstream development.
E.
The use will not create excessive traffic congestion unless such
congestion will be mitigated by off-site improvements provided by
the developer.
F.
Areas of the property not to be covered by buildings or paved area
to be landscaped and maintained in accordance with an approved plan.
G.
Adequate off-street parking is provided on the same property as the use in accordance with § 27-511.
H.
Access points to the property are located as remote as possible from
street intersections and adequate sight distances are available at
access points for entering and departing vehicles as well as through
traffic.
3.
Submission.
A.
A developer proposing a conditional use shall submit five copies of the following materials to the Township Secretary at least 10 days prior to the meeting of the Planning Commission at which he/she wishes to present his plan. A developer proposing a special exception use shall proceed as required in § 27-808, Subsection 10, of this chapter.
B.
The developer shall present a written statement discussing the relationship of his proposal to the criteria outlined in Subsection 2 above and the specific criteria contained in this Part.
C.
The developer shall present an accurately scaled illustrative site
plan showing the arrangement of the proposed use on the site including:
(1)
Property lines around the entire site.
(2)
Uses on adjacent properties.
(3)
Abutting streets including paved and right-of-way widths and
intersections.
(4)
Buildings existing and proposed on the site by use and height.
(5)
Points of access into the site.
(6)
Internal driveways and parking area layout with number of spaces
noted.
(7)
Free-standing signs to remain or proposed.
(8)
Areas of earthmoving with proposed grade of finished slopes
noted.
(9)
Method of collecting and disposing of stormwater.
(10)
Proposed landscaping and other pertinent information to illustrate
the proposal.
[Ord. 2009-01. 4/2/2009, § 602]
1.
Conditional Uses. Certain uses, as specified by this chapter, are
conditional uses to be granted or denied by the Board of Supervisors.
The Planning Commission is to advise the Board of Supervisors on each
application for a conditional use. It may also suggest reasonable
conditions for the Board of Supervisors to consider. In addition,
the Board of Supervisors shall hold a public hearing on a request
for a conditional use pursuant to public notice. The Board of Supervisors
shall decide requests for such conditional uses in accordance with
such standards and criteria, as set forth in this chapter or the Pennsylvania
Municipalities Planning Code.
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The hearing shall be conducted by the Board of Supervisors or
the Board of Supervisors may appoint any member or an independent
attorney as a hearing officer. The decision, or, where no decision
is called for, the findings shall be made by the Board of Supervisors.
However, the appellant or the applicant, as the case may be, in addition
to the Township, may, prior to the decision of the hearing, waive
decision or findings by the Board of Supervisors and accept the decision
or findings of the Hearing Officer as final.
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In granting a conditional use, the Board of Supervisors may
attach such reasonable conditions and safeguards, in addition to those
expressed in this chapter, as it may deem necessary to implement the
purpose of this chapter or the Planning Code.
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A.
The Board of Supervisors shall render a written decision or, when
no decision is called for; make written findings on the conditional
use application within 45 days after the last public hearing before
the Board of Supervisors. Where the application is contested or denied,
each decision shall be accompanied by findings of fact or conclusions
based thereon, together with any reasons thereof. Conclusions based
on any provisions of this chapter, the Planning Code or of any ordinance,
rule or regulation shall contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in the
light of the facts found.
B.
(1)
Where the Board of Supervisors fails to render the decision
within the period required by this chapter or fails to commence, conduct
or complete the required hearing, as provided in § 908(1.2)
of the Pennsylvania Municipalities Planning Code, the decision shall
be deemed to have been rendered in favor of the applicant unless the
applicant has agreed in writing or on the record to an extension of
time. When a decision has been rendered in favor of the applicant
because of the failure of the Board of Supervisors to meet or render
a decision as herein above provided, the Board of Supervisors shall
give public notice of the decision within 10 days from the last day
it could have met to render a decision in the same manner as required
by the public notice requirements of this act. If the Board of Supervisors
shall fail to provide such notice, the applicant may do so.
(2)
Nothing in this subsection shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction. A copy of the final decision or, where no
decision is called for, of the findings shall be delivered to the
applicant personally or mailed to the applicant no later than the
day following its date.
[Ord. 2009-01, 4/2/2009, § 603]
1.
Garden Apartment Building or Group of Buildings.
A.
The number of apartments permitted shall not exceed one per 4,000
square feet of lot area.
C.
Parking areas shall be located behind the front wall of buildings facing the street and screened as required by § 27-511, Subsection 3M.
D.
Within parking lots serving any garden apartment building or group
of buildings, at least one deciduous shade tree, not less than 2 1/2-half-inch
caliper when planted, shall be installed for each three apartments
in the development or fraction thereof. Trees may be planted along
the edges of the parking areas within such parking areas in prepared
and protected pockets not less than three square feet in area or other
locations on the property approved by the Board of Supervisors. Trees
shall not be planted closer than 25 feet of each other or within 10
feet of a building. The property owner shall be responsible for the
ongoing care of the trees and replacement if necessary.
2.
Commercial Kennel or Stable or Riding Academy.
A.
The property to contain a kennel shall be at least five acres in
area or to contain a stable or riding academy at least 10 acres in
area.
B.
Outdoor areas to be occupied by animals shall be as remote as possible
from neighboring residences. Buildings on the site, landscaping and/or
changes of grade may be used to screen adjacent housing areas or potential
areas of housing.
C.
All outdoor areas to which animals have access shall be fenced to
contain the animals and such outdoor area shall be no closer than
50 feet from any property line.
D.
Runoff from outdoor areas shall be diverted away from neighboring
occupied properties and odors emanating from the operation controlled.
E.
All dogs in a kennel shall be kept in an enclosed building at night.
F.
The dwelling of a custodian or the owner shall be the only housing
on the property.
3.
Standards for Communications Towers and Communications Equipment
Building.
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
B.
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
C.
Communications towers shall comply with all applicable Federal Aviation
Administration, Commonwealth Bureau of Aviation and applicable airport
zoning regulations.
D.
All antennas shall be located on an existing structure if possible.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure or communications tower. A good faith effort shall require
that all owners of potentially suitable structures within a 1/4-mile
radius of the proposed communications tower site be contacted and
that one or more of the following reasons for not selecting such structure
apply:
(1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
(3)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with
the owners of such structures.
E.
Access shall be provided to the communications tower and communications
equipment building by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free, all-weather
surface for its entire length.
F.
A communications tower may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot which
meets the minimum lot size requirements for the zoning district.
G.
Recording of a plat of subdivision or land development shall not
be required for a lease parcel on which a communications tower is
proposed to be constructed, provided the communications equipment
building is unmanned.
H.
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to perform its function.
I.
In all zoning districts, the maximum height of any communications
tower shall be 200 feet.
J.
The foundation and base of any communications tower shall be set
back from a property line (not lease line) located in any residential
district at least 100 feet and shall be set back from any other property
line (not lease line) at least 50 feet.
K.
The base of a communications tower shall be landscaped so as to screen
the foundation, base and communications equipment building from abutting
properties.
L.
The communications equipment building shall comply with the required
yards and height requirements of the applicable zoning district for
an accessory structure.
M.
The applicant shall submit certification from a Pennsylvania-registered
professional engineer that a proposed communications tower will be
designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the Township's
Building Code.
N.
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1 million per occurrence and property damage coverage in the minimum
amount of $1 million per occurrence covering the communications tower
and communications antennas.
O.
All guy wires associated with guyed communications towers shall be
clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
P.
The site of a communications tower shall be secured by a fence with
a maximum height of eight feet to limit accessibility by the general
public.
Q.
No advertising message nor identification, signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission. Federal Aviation Administration or other governmental agency that has jurisdiction (see also § 27-514, "Special Height Restrictions in the Vicinity of Port Meadville Airport").
R.
Communications towers shall be protected and maintained in accordance
with the requirements of the Township's Building Code.
S.
If a communications tower remains unused for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the communications
tower unless a written exemption is granted by the Zoning Administrator.
In the event that unused communication equipment is not removed by
the owner, the tower and associated facilities may be removed by the
Township and the costs of removal assessed against the property.
T.
One off-street parking space shall be provided within the fenced
area.
U.
Antenna support structures under 200 feet in height shall be painted
or coated silver or have a galvanized finish to reduce visual impact,
unless otherwise required by federal law. Solver or galvanized finishes
shall be required unless the setting or natural surroundings can be
used to justify another color.
4.
Group Child Day Care Home.
A.
Group day care home is intended for six to 13 children and to be
in a residence.
B.
The facility shall have state approval or approval pending prior
to opening.
C.
An outdoor play area shall be provided, completely enclosed by a
fence and buildings on the property.
D.
There shall be no overnight accommodation of clients.
E.
A driveway area shall be set aside for discharge and pickup of clients.
5.
Elderly Housing Complex.
A.
The number of apartments shall not exceed one per 10,000 square feet
of lot area in the R-R District, or one per 4,000 square feet of lot
area in the R-S District, or one per 1,000 square feet of lot area
in the CC District.
[Amended by Ord. No. 2017-01, 1/11/2017]
C.
At least one occupant of any apartment shall be not less than 50
years of age and no more than two adult persons shall reside in any
apartment.
D.
The facility may include a common dining room and kitchen, medical
and/or dental clinic, pharmacy, community room, gift and card shop
and/or recreation facilities to serve the residents.
E.
The complex shall be connected to public sewer and water services
or to community systems approved by the State DEP.
6.
Home Occupation. Home occupation shall be clearly incidental and
secondary to the use of the dwelling unit for residential purposes.
Note: Home Occupation and No-Impact Home-Based Business are separate
uses. The following conditions for home occupations shall be observed:
A.
A home occupation shall be conducted in a single-family detached
dwelling. No more than 25% of the total floor area within the dwelling
shall be utilized for the home occupation, although not more than
300 square feet of floor area within an accessory building may also
be utilized.
B.
No additions to the dwelling or modifications to the exterior appearance
of the dwelling to accommodate the home occupation shall be permitted.
C.
No more than two persons not resident in the dwelling shall be employed
in the home occupation.
D.
One off-street parking space, in addition to those required for the
dwelling, shall be provided on the lot for the home occupation plus
one space for each nonresident employee.
E.
A home occupation may only be conducted by the owner of the dwelling
in which the home occupation is located.
F.
Items to be repaired shall be limited to those that can be carried
by one person.
G.
No noxious odors, smoke, noise, vibration, or glare shall emanate
from the conduct of the occupation.
H.
When a dwelling containing a home occupation is sold, the buyer shall,
if he/she chooses to continue or change the home occupation, apply
to the Zoning Officer for approval. Any changes in the size or type
of home occupation must be approved by the Zoning Hearing Board.
I.
Home occupations may include, but are not limited to, art studios;
dressmaking; professional offices of lawyers, engineers, architects,
or accountants; real estate offices; home offices; barbershops and
beauty parlors; or the teaching of music limited to one student at
one time. However, a home occupation shall not be interrupted to include
auto or internal combustion motor repair/service, woodworking, small
motor repair, kennels, or restaurants. Personal services such as barbershops
or beauty parlors shall be provided on an appointment-only basis.
7.
Mineral Products.
A.
The applicant shall provide an acceptable plan for erosion and sedimentation
control, stormwater management, disposal of residue and replanting
of the cleared area if not to immediately contain paved surfaces or
buildings.
B.
Any proposal to remove coal, sand, gravel, clay or top soil shall
be accompanied by the documentation required in Subsection 7A above
and permits from the State Department of Environmental Protection
and the Soil Conservation Service where required.
C.
As conditions of approval, the Township may impose weight limits
on roads in the vicinity of the site, require a bond to guarantee
road damage repair and a program for cleanup of spilled materials
on roads and may limit the hours of operation.
8.
Nursing Home.
A.
The number of patients permitted shall not exceed one per 5,000 square
feet of lot area in the RR District or one per 2,000 square feet in
the RS District.
B.
The home shall be certified by the Commonwealth of Pennsylvania or
have certification in progress prior to opening.
C.
The home shall be connected to public sewer and water services or
to community systems approved by the State Department of Environmental
Protection.
9.
Personal Care Home.
A.
The facility may be for four or fewer ambulatory but dependent clients
and shall be considered a home occupation or it may be a new building
or covered dwelling in which case the regulations of the Commonwealth
of Pennsylvania shall govern occupancy and operation.
B.
The home shall have state approval or approval pending prior to opening.
C.
No two personal care homes shall be within 1,000 feet of each other
as the crow flies.
10.
Group Home or Transitional Dwelling (special exception use in the
RR and RS Districts).
A.
A group home is a residence for ambulatory mentally or physically
handicapped persons who need assistance with daily living and may
progress to independent living. A transitional dwelling is a temporary
residence for persons moving from institutional to independent living.
In either case, continuous supervision under the auspices of a public
or social service agency is required.
B.
The home or dwelling shall have state approval or approval pending
prior to opening and a plan for continuous supervision shall be available
for the Township in the event of an emergency.
C.
No two facilities authorized by this section shall be within 2,000
feet of one another.
11.
(Reserved)
12.
Private Recreational Club or Facility for Members and Guests (conditional
use in the RS District).
A.
The development shall include the least possible removal of trees
and earthmoving to accommodate the proposal.
B.
Access to the property shall be controlled through one or at most
two locations.
C.
The residence of a custodian or manager shall be the only housing
on the property.
D.
Development may include a clubhouse, outdoor recreational facilities
and maintenance buildings, intended for the use of bona tide members
and their guests only.
E.
The organization shall be a registered nonprofit or corporate entity
with the Commonwealth of Pennsylvania.
F.
Parking shall be hidden from view from roads abutting the facility.
13.
Public Utility Right-of-Way.
A.
The width shall be the minimum necessary for the right-of-way's
function.
B.
Every effort shall be made to place proposed utility lines in rights-of-way
already in existence.
C.
Vegetation shall be retained where rights-of-way cross public roads.
D.
Single poles will be preferred to pylon towers in areas of public
visibility.
E.
Methods to suppress vegetation shall be revealed in detail and generally
vegetation shall be trimmed only to the extent necessary for the right-of-way
to function effectively.
14.
Any retail or personal, professional or business service dealing
directly with the public that is similar to and compatible with the
principal permitted uses in the CR District.
A.
The business shall be conducted from within a permanent, enclosed
building.
B.
The building required for the use shall be substantially the same
in size and appearance as those of permitted businesses.
C.
No products or residue from the business shall be stored outside
except vehicles for sale on the premises or outdoor nursery plant
materials. Outdoor sales areas shall not be permitted to reduce required
off-street parking on the lot.
D.
If the premises are to be developed as a temporary use, the proposer
shall provide a plan describing the projected time limitation for
the development, the long-term proposed use, if any, of the premises
and if no long-term use, how he/she will return the premises to the
predevelopment condition.
16.
Golf Driving Range or Miniature Golf.
18.
Theater, Outdoors.
A.
The entrance control point shall be located so that at least 20 cars
may line up approaching it off the highway abutting the site.
B.
The screen shall be oriented so that it is not visible from adjacent
or nearby roads or highways.
C.
Sound recording shall be available at individual receivers for each
admitted car only.
19.
20.
Manufacturing or Fabricating Involving Processing of or Manufacturing
from Raw Materials.
A.
All manufacturing, assembly, reduction or other processes shall take
place within an enclosed building.
B.
Raw materials and/or finished products may be stored outside, provided
that they are completely surrounded by buildings on the property and/or
a fence with an opaque surface not less than six nor more than eight
feet in height, set back not less than five feet from any property
line. The setback area where it abuts a street or a property in a
residential zone shall be planted in low shrubs and trees not more
than 40 feet on center.
C.
The operator shall demonstrate that the proposal will not generate
excessive noise, dust, odor, glare, vibration or radioactive emissions
beyond any property line surrounding the use.
21.
Bulk Fuel Oil Storage Yard.
A.
Storage tanks shall be completely surrounded by a dike capable of
containing the maximum contents of all the tanks within the dike.
Any openings in the dike shall be leak-proof when closed and shall
close automatically in the event of tank rupture. As needed, tanks
shall be registered with DEP, comply with their regulations, and show
evidence of same.
B.
No tank shall be located closer than 100 feet to any property or
street line or 500 feet to any residence.
C.
The area within the dike shall be drained by an underground system
capable of closing automatically in the event of a tank rupture.
D.
An emergency management plan shall be prepared and approved by the
local Fire Marshall and the consent of DEP shall be secured by the
developer as conditions of issuing a zoning permit.
22.
Foundry or Heavy Punch Press Operation.
A.
Heavy equipment shall be isolated on individual buffered foundations
to avoid transmission of vibration.
B.
Noise-producing equipment shall be located within enclosed buildings
or rooms designed to absorb sound.
C.
Operations creating glare shall occur in a building or room without
windows or skylights.
23.
Auto Salvage or Used Materials Storage and Sales.
A.
The yard shall be established for the salvage and sale of used auto
and/or machinery parts and not primarily for the storage and accumulation
of parts.
B.
The operator shall be authorized to collect Pennsylvania sales tax
prior to opening. The business shall be his major source of income.
C.
All outdoor salvage areas shall be completely surrounded by a fence
whose vertical surface is opaque and whose height is not less than
six or more than eight feet high. Gates in the fence shall be kept
closed except to permit vehicular access into the yard.
D.
The fence shall be set back at least 10 feet from all property lines and the area between fence and property line landscaped and maintained in accordance with § 27-604, Subsection 7B.
E.
The operator shall provide plans to control insect and rodent infestation,
to drain all parts of the site, to allow access of emergency service
and to remove derelict vehicles and parts on a regular basis as a
condition of approval.
F.
The business shall be operated from a permanent building on the site.
G.
No burning of discarded materials shall occur on the premises.
H.
Materials in the yard shall not be stacked over eight feet high and
piles shall be separated by alleys to allow truck access.
24.
Ready-Mix Concrete or Other Bulk Materials Distribution.
25.
Any other manufacturing, fabrication or assembly operation or business
in support of such operation and similar to and compatible with the
principal permitted uses in the BM District.
A.
The proposed use shall not generate any of the following beyond the
property lines surrounding the operation:
(1)
Noise levels discernible above the ambient background levels.
(3)
Dust from any manufacturing or storage operation.
(4)
Vibration of any equipment.
(5)
Interference with radio, television or other communications
equipment.
(6)
Odor or contaminated runoff from any manufacturing or storage
operation.
(7)
Storage of flammable or explosive substances or substances likely
to breed insects or attract rodents or radioactive.
B.
The use may not be occupied, if approved by the Board, until a certificate
from the State Department of Labor and Industry has been received.
C.
Screening in the form of landscaping or fencing may be required by
the Board where appropriate.
26.
Any retail or personal, professional, or business service that is
similar to and compatible with the principal permitted uses in the
CR District (special exception in the CR District).
A.
The business shall be conducted from within a permanent, enclosed
building.
B.
The building required for the use shall be substantially the same
in size and appearance as those of permitted businesses.
C.
No products or residue from the business shall be stored outside
except vehicles for sale on the premises or outdoor nursery plant
materials. Outdoor sales areas shall not be permitted to reduce required
off-street parking on the lot.
D.
If the premises are to be developed as a temporary use the proposer
shall provide a plan describing the projected time limitation for
the development, the long-term proposed use, if any, of the premises
and if no long-term use, how he/she will return the premises to the
predevelopment condition.
27.
(Reserved)
28.
Commercial Amusement Enterprise.
A.
Such enterprises shall be entirely within an enclosed building, unless
they are a miniature golf course, golf driving range, baseball batting
cages or children's amusement center.
B.
All outdoor lighting shall be focused and shielded so that if falls
entirely within either the areas of activity or parking lot serving
the facility.
C.
No outdoor loudspeakers or amplifiers shall be permitted.
D.
The operator shall present a plan as a condition of approval indicating
how the conduct of juvenile patrons will be monitored and controlled.
29.
Clubs and Lodges.
A.
The proposed use must be in conformity with all of the general requirements for conditional uses as set forth in § 27-601, and the subsections thereof; to wit, Subsections 2A through H.
B.
A site plan shall be submitted, detailing information as to the layout
of parking areas and the manner in which traffic will be directed
on site.
C.
Access to and from the real estate by vehicular traffic shall be
controlled by designated specific locations, not to exceed two in
number.
D.
All outdoor lighting must be focused and shielded directly on the
facility property and shall be designed to prevent glare and interference
with adjoining residential properties or public roads.
30.
Large Retailers. Big-box retailers exist on a large volume of vehicular
traffic, including truck delivery. Also, due to business volume, such
uses generate large amounts of solid waste and shipping accessories
(pallets, containers, etc.). Such uses must:
B.
File a building design plan with the Township of Vernon that adheres
to the following criteria:
(1)
All front walls shall have at least one entrance for every 100
lineal feet or fraction thereof.
(2)
By using a combination of paint, building materials, and/or
some type of facade articulation as well as landscaping, front and
sidewalls shall present a varied appearance, not merely flat painted
cement block.
(3)
Any roof top HVAC, or similar rooftop mechanical devices shall
be screened by the use of parapets above the roofline.
31.
Convenience Store.
A.
Any fuel pumps shall be at least 25 feet from the front lot line
and 50 feet from each side lot line.
B.
Any lot line abutting a residential use or district shall provide
appropriate screening. Such screening shall be at least 10 feet wide.
C.
The canopy shielding gasoline pumps shall be no closer than 20 feet from the front lot line or may follow the average front setback of the structures adjacent on each side and 20 feet from each side lot line. See also § 27-517, "Lighting."
D.
Any outdoor mechanical or refrigeration equipment shall be visually
screened as well as muffled to minimize noise.
32.
Veterinary Establishments. Such uses shall:
A.
Provide evidence that arrangements for the disposal of dead animals
and "red bag" waste have been made.
B.
Areas used for the treatment and overnight care of animals shall
be soundproofed.
C.
Outdoor animal runs shall be floored with concrete and properly fenced
to allow for easy cleaning as well as the proper containment of animals.
D.
All side and rear yards which abut residential uses and districts
shall provide screening at least 10 feet wide.
33.
Shopping Centers. This is generally a group of commercial establishments
planned, developed and managed as a unit with common parking areas.
These regulations shall only apply to shopping centers of 100,000
square feet or more of retail building area.
A.
All parking shall be on lot.
B.
The development shall conform to the site development standards as
set forth below:
(1)
All front walls shall have at least one entrance for every 100
lineal feet or fraction thereof.
(2)
By using paint, building materials or some type of facade articulation
as well as landscaping, front and sidewalls shall present a varied
appearance, not merely flat painted cement block.
(3)
Any roof top HVAC, or similar roof top mechanical devices shall
be screened by the use of parapets above the roofline.
34.
Outdoor Recreation (Excluding Outdoor Movie Theaters). These uses
can be intrusive and shall adhere to the following standards:
A.
Lighting (see § 27-517): Lighting shall be fully or partially shielded (cutoff fixtures) at least 15% below horizontal. A landscaped screening 10 feet in width shall be provided on all side and rear lot lines that abut residential uses or districts. The screening shall provide an effective light screen.
B.
No outdoor speakers shall be allowed.
C.
The operator shall present a plan indicating how the conduct of juvenile
patrons will be monitored and controlled.
35.
Wholesale Trade. Wholesale trade establishments shall follow the
following regulations:
36.
(Reserved)
37.
Industrial/Business Park. The industrial and business park use is
created as an area to be devoted to industrial and non-retail business
activity or business. The district encourages the use of industrial
park development. Such development treats large expanse of land as
an industrial subdivision by planning, constructing, servicing, and
maintaining it in a manner that will make resourceful use of the land,
increase the compatibility and attractiveness of these uses to each
other, and protect the Township's advantage in attracting industry.
A.
Permitted Uses and Accessory Uses.
(1)
Permitted Uses. Only those industrial, manufacturing, compounding,
processing, packaging or treatment uses and processes from the following
listing are permitted when and if they do not represent a health or
safety hazard to the community through air, water and noise pollution,
including the production or emission of dust, smoke, refuse matter,
toxic or noxious odors, explosives, gas and fumes, excessive noise,
or similar substances and conditions.
(2)
Principal Uses.
(a)
Wholesale, warehousing and storage.
(b)
Distributing plants, beverages bottling and/or distribution.
(c)
The manufacturing, compounding, processing/packaging, treatment
and distribution of such products as bakery goods, candy, cosmetics,
pharmaceuticals, toiletries, food and kindred products.
(d)
Laboratories devoted to research, design, experimentation, processing,
and fabrication incidental thereto.
(e)
Utility operations (electric and gas company operations, sewer
and water authorities), excluding electric-generating facilities.
(f)
Radio and television facilities and operations, telephone exchange
and transformer stations.
(g)
Carpenter, electrical, plumbing, welding, heating or sheet metal
shop, furniture upholstering shop, laundry and clothes cleaning or
dyeing establishments, printing shop or publishing plants.
(h)
Building material supplies, excluding stone crushing or concrete
mixing.
(i)
Light manufacturing.
(j)
Assembly, manufacturing, compounding, processing, packaging
or treatment uses or processes which do not produce or emit dust,
smoke, toxic or noxious odors, gases and fumes that are offensive
to the public.
(k)
Office buildings.
(3)
Accessory Uses. The following special uses shall be permitted
in an Industrial Park District, providing the buildings and accessory
buildings and use comply with all requirements of other districts
in which they are normally permitted:
(a)
Cafeterias or restaurants and convenience stores specifically
designed and intended for use by those employees and management of
permitted uses in the Industrial Park District.
(b)
Auditoriums, meeting rooms, or other buildings primarily intended
for the mutual use of the permitted uses located within the district.
(c)
Outdoor recreational facilities designed and intended for use
by employees and management of those permitted uses within the district.
These facilities, if lighted, must be shielded away from any thoroughfares
and residential districts by the use of full out-off fixtures.
(d)
Any permitted facility as per the Suburban Residential District
(RS).
C.
All buildings in a business park shall be connected to the municipal
water and sewer system.
38.
Auto/truck, new and used sales and services, boat sales and services,
farm and heavy equipment shall observe the following regulations:
A.
Any outside display of vehicles, boats, or boat trailers shall maintain
a twenty-foot setback from the front property line and at least a
fifteen-foot setback from side or rear property lines (thirty-five-foot
setbacks from side or rear lines abutting residential districts.)
B.
All cleaning, repair, part storage and painting shall occur indoors.
C.
The temporary storage of vehicles for repair shall be only behind
or beside the principal structure.
D.
The long-term (over 30 days) storage of farm and heavy equipment
shall be indoors or in a fenced area (fencing height at least six
feet but not more than eight feet) behind the principal structure.
E.
All drainage plans shall conform to applicable Township ordinances.
F.
All activities shall be operated from a permanent building on an
approved (UCC) foundation.
G.
No string(s) of bare light bulbs, or pennants, shall be permitted.
40.
Car Washes. Car washes are subject to the following express standards
and criteria:
A.
Car washes shall be connected to public sewer. All drainage water
from car washing operations shall be contained on site, so as to not
become a nuisance or hazard to adjoining properties, berms, or roadways.
B.
All property lines adjoining residential use or zoning classification
shall be screened by a buffer area as defined by this chapter which
is at least 10 feet in depth measured from the property line.
C.
Outdoor areas for parking and queuing shall be covered with an impervious
surface, and shall be maintained free of debris and obstruction.
41.
Self-Service Storage or Mini Warehouse.
[Added by Ord. No. 2017-02, 1/11/2017]
A.
The minimum parcel/lot area shall be no less than two acres.
B.
No storage or warehouse building shall be located within a distance
of 250 feet from the center line of any adjacent public road right-of-way.
C.
Access driveways and interior drive aisles shall be no less than
24 feet wide and shall be constructed with a paved surface. Paved
surfaces shall be of asphalt, concrete, or other improved pavement
material, and the thickness of said pavement shall be sufficient to
adequately support the anticipated vehicular traffic.
D.
Facility layout, design, and exterior building materials and treatment
for all structures, including, but not limited to, fences, walls,
gates, buildings, and landscaping, shall be of high quality and shall
be neatly constructed and maintained to an aesthetic that is compatible
with adjacent development within the Conneaut Corridor District and
to the satisfaction of the Township Supervisors.
E.
The facility shall be completely enclosed with perimeter fencing
of a height not less than six feet and not more than eight feet. The
use of barbed wire shall not be permitted.
F.
Storage will only be permitted within fully enclosed buildings, and
no outside storage will be permitted.
[Ord. 2009-01, 4/2/2009, § 604]
1.
Planned residential developments are a conditional use in the RR
and RS Districts.
2.
The intent of a planned residential development is to encourage innovation
in community design, variety and intermixture of housing types, efficiency
in the layout of streets and public services and conservation of environmental
values. The PRD plan is intended to be a reasonable departure from
conventional development regulations and to allow the fitting of development
to the specific site proposed for the plan with minimal rearrangement
of the site surface and removal of trees. A PRD shall be encouraged
where steep slopes, flood hazard areas or significant woods might
be destroyed or seriously impacted by conventional subdivision or
where an existing park may be expanded or substantial new usable park,
recreation or conservation areas may be created. A PRD should be discouraged
where a site has no natural barriers to fill development, is lacking
in any wooded areas and/or will not add to the Township's inventory
of usable open space.
3.
All buildings in a PRD containing fixtures with running water shall
also be connected to a public sewage collection system or a community
system approved by the State Department of Environmental Protection.
5.
Dimensional Requirements for the Plan.
|
RR
|
RS
| |
|---|---|---|
|
Minimum site size, in acres
|
40
|
20
|
|
Maximum density, dwellings per acre
|
1.5
|
4.5
|
|
Minimum open space, percent of site
|
50%
|
40%
|
|
Maximum coverage, percent of site
|
8%
|
12%
|
|
Minimum percent, single-family dwellings
|
80%
|
50%
|
|
Maximum percent, two-family dwellings
|
20%
|
30%
|
|
Maximum percent, attached dwellings
|
—
|
20%
|
|
NOTES:
| |
|
1.
|
Minimum site size shall not include any existing street rights-of-way.
|
|
2.
|
Maximum density shall include the entire site size.
|
|
3.
|
Minimum open space shall be that area not to be developed or
within street rights-of-way and IS to be controlled by the residents
of the plan or offered to the Township for park purposes.
|
|
4.
|
Minimum coverage shall mean all ground surface covered by pavement
or buildings including streets.
|
|
5.
|
Minimum percent single-family dwellings shall mean the percent
of all dwelling units in a plan that is single-family detached dwellings
on their own lots.
|
|
6.
|
Maximum percentages refer to the maximum percent of all dwelling
units in the plan that may be two-family dwellings or single-family
attached dwellings (townhouses). A dash indicates that the particular
housing type is not permitted in a PRD in the specific zone district.
|
6.
Dimensional Requirements for Lot Sizes.
|
RR
|
RS
| |
|---|---|---|
|
Single-family lots, minimum size in square feet
|
15,000
|
12,500
|
|
Minimum percent of such lots in a plan
|
60%
|
60%
|
|
Single-family lots, minimum size in square feet
|
12,500
|
8,500
|
|
Maximum percent of such lots in a plan
|
40%
|
40%
|
|
Single-family lots, minimum size in square feet
|
8,500
|
6,000
|
|
Maximum percent of such lots in a plan
|
20%
|
20%
|
|
Two-family dwelling lots, minimum size in square feet
|
20,000
|
15,000
|
|
Townhouse lots, minimum size in square feet
|
—
|
15,000
|
|
Individual townhouse lots, minimum size, square feet
|
—
|
2,800
|
7.
Dimensional Requirements for Building Setbacks.
A.
The following are minimum lot width and front, side and rear setback
distances (yard depths), in feet, for single-family lots, by size
of lot in square feet:
|
Lot Area
|
Width
|
Front
|
Side
|
Rear
|
|---|---|---|---|---|
|
15,000 square feet
|
90
|
40
|
10
|
40
|
|
12,500 square feet
|
75
|
40
|
10
|
40
|
|
8,500 square feet
|
65
|
40
|
10
|
40
|
|
6,000 square feet
|
55
|
40
|
10
|
25
|
|
NOTE: Lot width shall be measured at the front setback line;
on a corner lot, the lot width shall be increased by 10 feet.
|
B.
The following shall apply to all other lots:
(1)
The minimum width and front, side and rear yard setbacks shall
be the same as for a fifteen-thousand-square-foot single-family dwelling
lot.
(2)
Where a lot containing a townhouse abuts, along a common side
property line, a lot containing a single-family or two-family dwelling,
the townhouse building shall be set back 20 feet from the side property
line.
C.
Minimum Distance Between Townhouses on the Same Lot.
(1)
Front or rear long walls of two buildings face each other: 40
feet.
(2)
Front or rear wall of one building faces end wall of a second
building: 25 feet.
(3)
End walls of two buildings face each other: 20 feet.
(4)
Walls shall be considered as facing one another if they are
parallel or form an angle of not more than 45°.
(5)
In no case shall two buildings be closer together at any point
than 20 feet.
(6)
Where building walls are not parallel to each other, the average
distance between the nearest end corners of each building and between
the more remote end corners of each building on the walls that face
each other shall be used to meet the minimum separation requirements.
8.
Common Open Space.
A.
Common open space may include, in addition to improvements and facilities
not to be publicly maintained, land whose slope exceeds 25%, rock
outcrops, floodplains as indicated on the flood hazard boundary maps
of the Township, areas of mature woods, stormwater management facilities,
parks or playgrounds.
B.
To the extent possible within the plan, common open space areas shall
be connected and none shall be less than an acre in area. Such areas
shall be provided with access points allowing vehicular entrance for
maintenance and pedestrian access from public streets to each such
area designated "common open space."
C.
Such areas shall be indicated as a separate property or properties
on the plan and designated "common open space."
D.
Such areas shall be held by the developer until deeded in perpetuity
to an association of homeowners made up of all the property owners
in the plan, such association to operate under bylaws approved by
the Township Solicitor as protecting both the Township and the plan
residents.
E.
Prior to the establishment of the association the developer may offer
all or part of the common open space at no cost to the Township for
purposes of expanding an existing or creating a new recreation park
or conservation area.
F.
The association shall be responsible for the maintenance of improvements
within the plan that are not the responsibility of a public body and
for the maintenance of the common open space in the plan, including
administrative, legal, auditing, insurance, and other expenses. The
association may develop recreation facilities within the common open
space for the residents of the plan but may not sell any portion of
the common open space to others except to the Township, school district,
or a public authority.
9.
Processing of Tentative Plans.
A.
The application for a proposed planned residential development shall be submitted by the landowner for tentative approval to the Planning Commission and shall include all the materials required by Subsection 10 in three copies. In addition the landowner shall provide one copy of the plan to the Crawford County Planning Commission.
B.
The Commission shall review the application and send one copy to
the Board of Supervisors together with recommendations.
C.
Within 60 days after the filing of the application, the Board shall
call and hold a public hearing on it. The hearing may be continued
from time to time but shall be concluded not later than 60 days after
being first convened. Notice of the hearing shall appear twice in
a newspaper of general local circulation, the first time not less
than 14 days before the hearing and the second time not less than
seven days thereafter and shall announce the date, time, place and
purpose of the hearing and the times and place when and where the
application may be examined prior to the hearing. In addition, the
property on which the planned residential development is proposed
shall be posted in at least one prominent place with the same information
contained in the notice.
D.
The Board shall Conduct the Hearing. The Chairman may administer
oaths and compel the attendance of witnesses. All testimony shall
be given under oath and every party of record shall have the right
to cross-examine adverse witnesses. A verbatim record shall be made,
but costs of copying shall be borne by those requesting copies. All
exhibits accepted in evidence shall be identified and preserved until
the conclusion of the hearing.
E.
No later than 60 days after the conclusion of the hearing, the Board
shall officially notify the landowner in writing that the Board has
either:
F.
Failure of the Board to schedule or hold a public hearing or communicate
a decision within the sixty-day limits shall be deemed as approval
of the plan a submitted.
G.
If conditions are attached to approval, the applicant may either:
H.
The official written grant or denial of tentative approval shall
include not only conclusions but also findings of fact related to
the specific proposal and shall set forth the reasons for approval
or denial and any attached conditions to approval as well as specific
reasons why the plan would or would not be in the public interest
on the proposed site including, but not limited to, the following:
(1)
In those respects in which the development plan is or is not
consistent with the Central Crawford Region Multi-Municipal Plan.
(2)
The extent to which the development plan departs from zoning
and/or subdivision regulations otherwise applicable to the subject
property including, but not limited to, density, bulk and use and
the reasons why such departure is or is not deemed to be in the public
interest.
(3)
The purpose, location and amount of the common open space in
the planned residential development, the reliability of the proposals
for maintenance and conservation of the common open space and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential development.
(4)
The physical design of the development plan and the manner in
which said design does or does not make adequate provision for public
services, provides adequate control over vehicular traffic and furthers
the amenities of light and air and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established.
(6)
In the case of a development plan which proposes development
over a period of years, the sufficiency of the terms and conditions
intended to protect the interests of the public and of the residents
of the planned residential development in the integrity of the development
plan.
I.
Upon receiving tentative approval, the applicant shall, not less
than six months thereafter, file an application for final approval
of the first or only phase of the plan. The second phase shall not
be submitted until at least one year but not more than five years
after the first phase final plan, and later phases not less than one
year or more than five years after the previous phase.
J.
The official written communication provided for in this chapter shall
be certified by the Secretary of Vernon Township and shall be filed
in the office of the Secretary. A certified copy shall be mailed to
the landowner; where tentative approval has been granted, this shall
be recorded on the Official Vernon Township Zoning Map.
K.
Tentative approval of a development plan shall not qualify the planned
residential development for recording nor authorize development or
the issuance of any zoning permits. A development plan which has been
given tentative approval as submitted or which has been given tentative
approval with conditions acceptable to the landowner shall not be
modified or revoked nor otherwise impaired by action of Vernon Township
pending an application or applications for final approval without
the consent of the landowner; provided, an application for final approval
is filed or, in the case of development over a period of years, provided
applications are filed, within the periods of time specified in Subsection
9I above.
L.
If a development plan is given tentative approval, and thereafter,
but prior to final approval, the landowner elects to abandon the development
plan and so notifies Vernon Township in writing or in the event the
landowner shall fail to file application or applications for final
approval within the required period time or times, as the case may
be, the tentative approval shall be deemed to be revoked, and all
that portion of the area included in the development plan for which
final approval has not been given shall be subject to the zoning regulations
that applied prior to tentative approval of the development plan or
as they may have been amended from time to time and the same shall
be noted on the Township Zoning Map and in the records of the Secretary
of Vernon Township.
10.
Plans Required for Tentative Approval.
A.
A written statement by the landowner setting forth the reasons why,
in his opinion, a planned residential development would be in the
public interest and would be consistent with the comprehensive plan
for the development of Vernon Township.
B.
The location, size and topography of the site and the nature of the
landowner's interest in the land proposed to be developed.
C.
The density of land use to be allocated to parts of the site to be
developed.
D.
The location and size of the common open space and the form of organization
proposed to own and maintain the common open space and services.
E.
The use and the approximate height, bulk, and location of buildings
and other structures.
F.
The feasibility of proposals for the disposition of sanitary wastes
and stormwater and the provision of a potable water supply to all
dwellings.
G.
The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of the land, buildings, and structures
including proposed easements or grants for public utilities.
H.
The provisions for parking of vehicles and the location and width
of proposed streets and public ways.
I.
In the case of development plans which call for development over
a period of years, a schedule showing the proposed times within which
applications for final approval of all sections of the planned residential
development are intended to be filed with schedule to be updated annually
on the anniversary of its approval until the development is completed
and accepted.
J.
The location, size, and type of landscaping.
K.
The Planning Commission may, at its discretion, require a traffic
study to be prepared if it is clear the project will have a significant
impact on roads adjacent to and near the project. Such study shall
address existing traffic volumes and volumes generated by the project
particularly with reference to intersections providing access to the
project and shall recommend specific improvements to alleviate congestion
at intersections and on adjacent roads.
11.
Processing of Final Plans.
A.
An application for final approval may be for all the land included in a development plan or to the extent set forth in the tentative approval for a section thereof. The application shall be made to the Township Secretary within the time or times specified by the official written communication granting tentative approval. The application shall include the documents required by Subsection 12 as well as any covenants, easements, performance bonds, and conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required; provided that the development plan, or the part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
B.
The application shall be immediately forwarded to the Planning Commission,
which shall review it at its next regular meeting thereafter and recommend
approval or further action, as provided in Subsection 11E below, to
the Board of Supervisors.
C.
In the event the application for final approval has been filed together
with all drawings, specifications and other documents in support thereof
and as required by this chapter and the official written communications
of tentative approval, Vernon Township shall, within 45 days of such
filing, grant such development plan final approval and authorize the
issuance of zoning permits.
D.
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Board of Supervisors
shall refuse to grant final approval and shall, within 45 days from
the filing of the application for final approval, so advise the landowner
in writing of said refusal, setting forth in said notice the reasons
why one or more of said variations are not in the public interest.
In the event of such refusal, the landowner may either:
(1)
Re-file his application for final approval without the objectionable
variations.
(2)
File a written request with the Board that it hold a public
hearing on his application for final approval. If the landowner wishes
to take either such alternate action, he/she may do so within 30 additional
days after being informed of the Board's action. In the event
the landowner shall fail to take either of these alternative actions
within said time, he/she shall be deemed to have abandoned the development
plan. Any such public hearing shall be held pursuant to public notice
within 30 days after request for the hearing is made by the landowner,
and the hearing shall be conducted in the manner prescribed in this
chapter for public hearings on applications for tentative approval.
Within 30 days after the conclusion of the hearing, the Board shall
by official written communication either grant final approval to the
development plan or deny final approval.
E.
A development plan, or any part thereof, which has been given final
approval shall be so certified without delay by the Board and shall
be filed of record forthwith in the office of the Recorder of Deeds
before any development shall take place in accordance therewith. Upon
filing the development plan, the zoning and subdivision regulations
otherwise applicable to the land included in such plan shall cease
to apply thereto. Pending completion within a reasonable time of the
planned residential development or of that part thereof, as the case
may be, that has been finally approved, no modification of the provisions
of the development plan, or part thereof as finally approved, shall
be made by the Township except with the consent of the landowner.
F.
In the event that a development plan, or a section thereof, is given
final approval and thereafter the landowner abandons such plan or
the section thereof that has been finally approved and shall so notify
the Board of Supervisors in writing or in the event the landowner
shall fail to commence and carry out the planned residential development
within the time limitations contained in the tentative approval, no
further development shall take place on the property included in the
development plan until after said property is re-subdivided and is
reclassified by enactment of an amendment to this chapter, unless
written request for an extension of the time period is granted by
the Board of Supervisors to the landowner.
12.
Plans Required for Final Approval.
A.
Tract boundary lines, right-of-way lines of streets, easements and
other rights-of-way and property lines of residential lots and other
sites, when applicable, with accurate dimensions, bearings or deflection
angles and radii, arcs and central angles of all curves.
B.
Name and right-of-way width of each street or other right-of-way.
C.
Location, dimension and purpose of easements.
D.
Number to identify each lot and/or site when applicable.
E.
Purpose for which sites other than residential are dedicated or reserved.
F.
Minimum building setback lines on all lots and other sites.
G.
Location and description of survey monuments.
H.
Names of record owners of adjoining unplatted land.
I.
Reference to recorded subdivision plats of adjoining platted land
by record name, date and number.
J.
Certification by surveyor or engineer certifying to accuracy of survey
and plat.
K.
Certification of title showing that applicant is the landowner.
L.
Statement by owner dedicating streets, rights-of-way and sites for
public uses.
M.
Bond or escrow account in favor of Vernon Township in an amount not
to exceed 110% of the cost of improvements to be installed in the
plan for later maintenance by the Township or the municipal authority
or outside of but serving the plan and later to become publicly owned.
N.
Curb cut approval from PennDOT if access is to a state highway.
O.
Title, scale, North arrow and date.
