A.
Any nonconforming use of land or structure legally existing at the
time of enactment of this chapter or amendment thereto which does
not conform to the provisions of this chapter is a legal nonconforming
use. Such use may be continued, but may not be extended, expanded
or changed unless to a conforming use, except as permitted by the
Zoning Hearing Board in accordance with the provisions of this chapter.
B.
Any structure housing a nonconforming use damaged by fire, flood,
explosion or other casualty may be reconstructed and used as before,
provided such reconstruction and use are performed within 12 months
of the casualty and the restored structure covers no greater area,
occupies no greater volume, and does not encroach further on yard
and height requirements for the district in which it is located.
C.
The nonconforming use of a building may be extended throughout those
parts thereof which were manifestly arranged or designed for such
use at the time of adoption of this chapter or amendment thereto.
A nonconforming building or structure may, with the approval of the
Zoning Hearing Board, be extended or enlarged, but must meet minimum
yard requirements of the district in which the structure is located
and must meet the off-street parking and loading requirements of this
chapter. Any nonconforming structure, including structures in the
cottage area that do not meet the listed setback requirements, shall
not be expanded horizontally or vertically, except in accordance with
applicable setback requirements. Any such further intrusion into the
setback areas shall only occur by grant of a variance.
D.
If no structural alterations are made, a nonconforming use of a building
may be changed to another nonconforming use of the same classification
or of one more nearly conforming to the regulations specified for
the district in which it is located.
E.
A structure that has been razed shall not be reconstructed for a
use that does not conform with the provisions of this chapter.
F.
Any structure or portion thereof declared unsafe by a proper authority
may be restored to a safe condition.
G.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
H.
If any nonconforming use of land or structure ceases for a continuous
period exceeding one year, any subsequent use of the land or structure
shall be in conformity to the regulations specified by this chapter
for the district in which it is located.
A.
Any lot of record existing at the effective date of this chapter
and held in separate ownership different from the ownership of adjoining
lots may be used for the erection of a structure conforming to the
use regulations of the district in which it is located, even though
its dimensions are less than the minimum requirements of this chapter.
B.
Where two or more adjacent lots of record with less than the required
area and width are held by one owner on the effective date of this
chapter, the request for a permit shall be considered a conditional
use, which may require replatting to fewer lots which would comply
with the minimum requirements of this chapter.
A.
General. No use, land or structure in any district shall involve
any element or cause any condition that may be dangerous, injurious
or noxious to any other property or persons in the Township. Furthermore,
every use of land or structure in any district must observe the following
performance requirements, except that nothing shall be construed to
prevent any generally accepted farm practice.
B.
Fire protection. Fire prevention and firefighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on. All set fires shall be in compliance with
North East Township Fire Ordinance.[1]
C.
Electrical disturbances. No activity shall cause undue electrical
disturbance adversely affecting radio or other equipment in the neighboring
area.
D.
Noise. Noise which is determined to be objectionable because of volume,
frequency or beat shall be muffled or otherwise controlled. Fire sirens
and related apparatus used solely for public purposes shall be excepted
from this requirement.
E.
Smoke. The maximum amount of smoke emission permissible shall be
determined by use of the standard Ringelmann Smoke Chart issued by
the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will
be allowed. Exception to this may occur when starting new fires or
there is a breakdown of equipment. Burning of trash, leaves, etc.,
and fireplace and woodstove smoke shall not foul neighboring properties.
F.
Vibrations. Vibrations detectable without instruments on neighboring
property in any district except the B-2 Industrial District shall
be prohibited. Vibrations detectable without instruments on neighboring
property in the B-2 Industrial District may be permitted, provided
such vibrations do not endanger or in any way damage persons or structures
on neighboring properties.
G.
Odorous emissions. Uses located in the B-2 Industrial District may
be permitted to emit odorous gas or matter as long as it does not
endanger lives or property and as long as it is not discernible on
any lot or property in any district other than the B-2 Industrial
District.
H.
Air pollution. No pollution of air by fly ash, dust, vapors or other
substances shall be permitted which is harmful to human health, animals,
vegetation or other property.
I.
Glare.
[Amended 12-28-2018 by Ord. No. 2018-01]
(1)
All
exterior lighting. All exterior lighting devices which produce objectionable
direct or reflected glare on adjoining properties or roads shall not
be permitted.
(2)
Commercial
and industrial exterior lighting. All new installations of commercial
and/or industrial exterior lighting, including replacement, changes
or upgrades of existing lighting equipment, shall meet the following
additional requirements:
(a)
Exterior lighting shall not create a traffic hazard by glare, direction
of aim, level of illumination, or any other factor which disturbs
vehicular traffic.
(b)
All lighting fixtures installed shall be full-cutoff design, as defined
in the Lighting Handbook, 10th Edition, of the Illuminating Engineering
Society, or otherwise shielded to minimize glare and light trespass.
Functional equivalents allowed; lights properly installed within or
under an architectural space or feature (such as under a portico or
roof overhang) shall be considered a functional equivalent to a full-cutoff
fixture.
(c)
Exterior lighting illuminated outside the owner or occupant's normal
business hours shall be reduced to the lowest level reasonably required
for security reasons.
(d)
All lighting utilized to illuminate off-street parking areas shall
be shielded and arranged to prevent light trespass upon adjoining
properties and public rights-of-way. Unshielded pole-mounted lighting
is prohibited.
(e)
A site lighting design plan, including manufacturer's cut sheets
of the lighting fixtures to be utilized, shall be provided to the
Zoning Officer prior to issuance of a zoning permit, unless the Zoning
Officer should determine that a site lighting design plan is not necessary.
(f)
All new exterior lighting installations, including any instance in which a lighting fixture is relocated, replaced, or upgraded, must fully comply to the new lighting standards as set forth in this § 350-19I.
(g)
Exceptions. The following are not subject to the regulations set forth in this § 350-19I(2):
[1]
Any building having historic significance to North East Township
or any building or structure specifically named in the National Register
of Historic Places may maintain or replace in kind any period-correct
lighting fixture, provided the lumen output of the light source or
luminaire is equal to or less than the fixture being replaced. If
light levels are to be increased, then the upgrade must conform to
the new lighting standards described in detail above.
[2]
Municipal, school and college outdoor sports facilities.
[3]
Temporary construction lighting.
[4]
Ornamental and architectural lighting of bridges, public monuments,
statuary and public buildings.
[5]
Municipal and state lighting for roads and highways.
[6]
Any lawfully installed luminaire that currently exists at the time
of this chapter that is not in compliance with the standards set forth
herein shall be permitted to remain until such time it is either replaced,
upgraded, or relocated. Any luminaire that replaces a lawfully existing
luminaire that is moved must meet the standards of this chapter as
described in detail above.
J.
Erosion. No erosion by wind or water shall be permitted which will
carry objectionable substances onto neighboring properties.
K.
Water pollution. Water pollution shall be subject to the standards
established by the Erie County Health Department and/or the Pennsylvania
Department of Environmental Protection.
Roadside stands for sale of agricultural products are permitted
in all districts, if they are in compliance with the following requirements:
A.
They shall be erected at least 10 feet back from the road right-of-way.
B.
Parking spaces shall be provided at least 10 feet back from the cartway.
Visibility and access from and egress to the cartway shall be adequate
considering traffic speed and volume.
C.
They shall be used exclusively for the sale of agricultural and/or
related home occupation products.
D.
They may be temporary structures. Permits for temporary roadside
stands shall be issued for a four-month period.
Helistops or airstrips are permitted in all districts, if in
compliance with the following requirements:
A.
Operators of the facilities shall comply with the rules and regulations
and the inspection and licensing procedures of the Pennsylvania Department
of Transportation, Bureau of Aviation (PennDOT), and any approvals
and clearance that may be required by the Federal Aviation Administration
(FAA).
B.
Minimum landing area guidelines for helistop:
(2)
Minimum size of the landing area shall be 200 square feet or a circle
with a diameter of 200 feet.
(3)
The landing pad shall be a minimum size of 60 square feet and have
a hard surface area two times the rotor diameter.
(4)
The site shall be approachable from at least two sides and provide
sufficient clearance to allow takeoffs and landings from the outer
limits of the landing pad of an 8:1 ratio. The approach lanes for
these landing facilities shall be considered an 8:1 incline plane
in the direction of the designated approach and departure flight paths
which shall be 200 feet in width and shall extend outward 500 feet
from the outer edge of the landing pad.
C.
Minimum guidelines for both helistops and airstrips:
(1)
A site located adjacent to water recreation and storage facilities
shall have a boat, such as a rowboat, tied at the water's edge closest
to the landing area to aid possible rescue operations.
(2)
A wind direction indicator shall be provided on site. In the case
of night operation, the navigation facility shall be lighted.
D.
Permits.
(1)
A zoning permit for a helistop or airstrip shall be issued by the
Zoning Officer upon proof that the site has been inspected by PennDOT,
if required, complies with the appropriate regulations, and proof
of any clearances or approvals that may be required from the FAA.
(2)
A zoning permit shall be deemed revoked when PennDOT revokes the
license or refuses to relicense the facility after one of its periodic
inspections or when the FAA withdraws or revokes its approval or clearance,
if initially required, or 30 days after the Zoning Officer notifies
the zoning permit holder, in writing, that the facility no longer
complies with the requirements of this chapter for initial acquisition
of the permit.
(3)
A zoning permit shall not be required to take off, land or hover
a helicopter or low fly an airplane in conjunction with a special
event, such as an athletic contest, holiday celebration, parade or
similar promotional activity, after reasonable advance notice has
been given to the Zoning Officer of the intention to do so or on an
occasional basis in providing aid to a construction or business activity,
or when necessary for law enforcement or public purposes and for emergencies.
Shrubbery or man-made fences or freestanding walls are permitted
to be erected within the limits of any yard, if in compliance with
the following requirements:
A.
The height of any fence or wall shall be limited to six feet in the
A-1 and A-2 Districts, eight feet in the R-1 and R-2 Districts, and
10 feet in the B-1 and B-2 Districts. Retaining walls and private
terraces without walls, roofs or other enclosures may be erected to
greater height up to a 50% increase for that district. No fences,
excepting livestock fences, shall exceed a height of three feet in
the applicable front yard setback.
B.
Fences erected around tennis courts, basketball courts, backstops
and similar recreational facilities are exempt from height limitations.
C.
All walls, fences and screening shall be considered conditional uses
if not in compliance with the above standards.
A.
Temporary residential, office or storage structures used in conjunction
with construction work are permitted only during the period that the
construction work is in progress. Permits for temporary structures
may be issued by the Zoning Officer for up to one year. Any extensions
thereof shall be at the discretion of the Zoning Officer.
B.
Residing in basement or foundation structures before completion of
the total structure shall not be permitted for more than one year.
C.
Residential mobile homes having a habitable floor area under 800
square feet shall be considered temporary structures.
D.
Campers.
(1)
Campers, motor homes, and other similar vehicles or equipment (hereinafter referred to as "camper" or "campers"), except in approved campgrounds pursuant to § 350-33, may not be occupied or utilized for living, sleeping or housekeeping purposes, except under all of the following conditions:
(a)
The camper is located on a lot having an area of not less than
one acre with an existing permanent dwelling located thereon;
(b)
The camper shall conform to all applicable yard setback requirements
of the zoning district in which it is located;
(c)
The camper must have self-contained sewage storage facilities
and may not be connected to or discharge into permanent residential
facilities (septic system or municipal sewer) and must be discharged
at a licensed dumping station; and
(d)
Occupancy may only occur for a total of 14 days in any calendar
year. A permit is required and shall be issued in accordance with
rules, regulations and fee structure as established by resolution.
(2)
Campers are permitted to be stored in the R-1 and R-2 Zoning Districts
provided they meet all the following requirements:
(a)
Campers must comply with all applicable yard setback requirements
of the zoning district;
(b)
Except for campers located inside a fully enclosed permanent
structure, campers may only be located on lots which have a permanent
dwelling located thereon;
(c)
Only one camper may be stored on a lot and the camper must be
owned by the property owner or a resident of the property; and
(d)
All campers must be in good condition and repair, have affixed
thereto a currently valid license plate and inspection certificate
from the Pennsylvania Department of Transportation or other state
of registration, and must be fully functional for its use as a camper.
In no case shall a camper be stored or otherwise located on the property
for a continuous period in excess of 12 months.
A.
Off-street loading and parking spaces shall be provided in accordance
with the specifications in this section in all districts, whenever
any new use is established or an existing use is enlarged.
B.
Off-street loading. Every building which requires the receipt or
distribution by vehicles of material or merchandise shall provide
off-street loading berths in accordance with the table below:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
Off-Street Loading Space Requirements Table
| ||
|---|---|---|
|
Uses
|
Square Feet of Floor Area
|
Required Off-Street Loading Berths
|
|
Schools
|
15,000 or more
|
1
|
|
Undertakers and funeral parlors
|
5,000
|
1
|
|
For each additional 5,000 or major fraction thereof
|
1 additional
| |
|
Hotels and offices
|
10,000 or more
|
1
|
|
Commercial
|
10,000 to 25,000
|
1
|
|
Wholesale manufacturing and storage
|
25,000 to 40,000
|
2
|
|
40,001 to 60,000
|
3
| |
|
60,001 to 100,000
|
4
| |
|
For each additional 50,000 or major fraction thereof
|
1 additional
| |
C.
Off-street parking.
(1)
Size and access. Each off-street parking space shall have an area
of not less than 180 square feet, nine feet in width and 20 feet in
length, exclusive of access drives or aisles, and be in usable shape
and condition. Except in the case of a single-family dwelling, no
parking area shall contain less than three spaces. There shall be
adequate ingress and egress to all parking spaces. Where a lot does
not abut on a public or private road or easement of access, there
shall be provided an access drive leading to the parking or storage
areas or loading spaces. Such access drive shall be not less than
12 feet wide. Access to off-street parking areas shall be limited
to several well-defined locations, and in no case shall there be unrestricted
access along the length of a street or alley.
(2)
Number of parking spaces required. The number of off-street parking
spaces required is set forth below. Where the use of the premises
is not specifically mentioned, requirements for similar uses shall
apply.
|
Off-Street Parking Space Requirements Table
| |
|---|---|
|
Uses
|
Required Parking Space
|
|
Automobile sales and service garages
|
1 for each 400 square feet of floor area
|
|
Banks or professional offices
|
1 for each 200 square feet of floor area
|
|
Churches and schools
|
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom
seats, whichever is greater
|
|
Bowling alleys
|
7.5 for each alley
|
|
Car wash
|
5 for each wash lane
|
|
Community buildings and social halls
|
1 for each 75 square feet of floor area
|
|
Beauty parlors and barbershops
|
1.5 for each chair
|
|
Driving ranges and miniature golf
|
1 for each tee
|
|
Dwellings
|
2 for each family or dwelling unit, including space for garage
|
|
Food supermarkets
|
1 for each 100 square feet of floor area
|
|
Funeral homes and mortuaries
|
5 for each parlor
|
|
Furniture or appliance stores
|
1 for each 200 square feet of floor area
|
|
Hospitals, nursing, convalescent homes
|
1 for each 2 beds
|
|
Hotels and motels
|
1 for each living or sleeping unit
|
|
Manufacturing plants, research or testing laboratories, bottling
plants
|
1 for each 500 square feet of floor area
|
|
Medical or dental offices
|
5 for each doctor or dentist
|
|
Restaurant, taverns and nightclubs
|
1 for each 2.5 seats
|
|
Retail stores and shops
|
1 for each 200 square feet of floor area
|
|
Rooming houses and dormitories
|
1 for each bedroom
|
|
Service stations
|
3 for each service bay
|
|
Sports arenas, auditoriums, theaters and assembly halls
|
1 for each 3.5 seats
|
|
Trailer or monument sales
|
1 for each 2,500 square feet of lot area
|
|
Wholesale establishment or warehouses
|
1 for each 2 employees on maximum shift
The total parking area shall not be less than 25% of the building
floor area
|
D.
Location of parking areas. Required parking spaces shall be located
on the same lot with the principal use. Parking spaces located on
a different lot but not more than 400 feet distance from the lot of
the principal use and located in the same zoning district as the principal
use may be permitted as a conditional use.
E.
Minimum distances and setbacks. Off-street loading areas and parking areas for more than five vehicles shall be located in accordance with § 350-16K of this chapter.
F.
Surfacing. All parking and loading areas and access drives shall
be graded and drained and maintained to adequately dispose of all
surface water and control dust and mud, and designed to provide for
orderly and safe loading and parking.
G.
Lighting. Any lighting used to illuminate off-street parking or loading
areas shall be arranged so as to direct the light away from adjoining
lots of any residential district and road right-of-way.
Signs are permitted in all districts, if in compliance with
the following requirements:
A.
Official signs. Official signs or notices erected and maintained
by public bodies or agencies pursuant to and in accordance with municipal,
state or federal law for the purpose of carrying out an official duty
or responsibility are permitted.
B.
Signs regulations applicable to all districts.
(1)
All signs must be off the legal road right-of-way. Signs shall be
for the use of property owners only, except on state roads with a
permit from PennDOT.
(2)
Both sides of a sign may be utilized. Only one side shall be counted
in area allowed.
(3)
Signs advertising the sale of or lease of the property on which that
sign is located do not require a permit, but must meet the requirements
set forth in this chapter.
(4)
No sign is permitted which moves, flashes, is intermittent or has animated or moving parts, except as specifically permitted in the following subsections. Illumination of signs by other than white light is not permitted, except for the self-illumination of electronic signboards permitted in § 350-25F(8).
(5)
No lighting may be permitted to be used in any way in connection
with any sign unless it is effectively shielded as to prevent beams
or rays of light from being directed on any portion of the main traveled
way or is of such low intensity or brilliance as not to glare or impair
the vision of the driver of any vehicle or otherwise interfere with
any driver's operation of a motor vehicle.
(6)
No sign is permitted which appears to attempt to direct the movement
of traffic or interferes with, imitates or resembles any official
sign or device.
(7)
No sign is permitted which prevents the driver of a vehicle from having a clear and unobstructed view of approaching or merging traffic or interferes with the operation of any driver's vehicle. See § 350-16I for corner lot.
(8)
Any sign in any district may be prohibited where it is determined
to be contrary to the safety, convenience and enjoyment of the public
investment in such highways.
(9)
Temporary signs for field days, reunions and public sales are permitted
from one to five days with no permit required. Size of signs shall
conform with requirements of the district.
(10)
No permanent sign is permitted to be erected or maintained upon
trees or painted or drawn upon other natural features of the landscape.
(11)
Each sign requires a permit unless specifically stated otherwise
in this chapter.
(12)
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter, not to exceed two square feet each
in area and not over four in number, are permitted.
(13)
Temporary signs are permitted, not to exceed 32 square feet.
Temporary signs shall not be located on the premises for more than
30 continuous days nor more than 60 cumulative days in any one calendar
year.
C.
Signs shall be permitted in the A-1 and A-2 Districts as hereinafter
provided:
(1)
Professional uses, home occupations, and bed-and-breakfasts. Signs
shall not be more than six square feet in area and shall not exceed
three feet in height above existing grade.
(2)
Real estate. Signs relating to the prospective sale, rent or lease
of the land, provided that the total sign area on one street frontage
does not exceed 32 square feet.
(3)
Nonconforming uses. One sign not larger than 32 square feet in area
per street frontage.
(4)
Agriculture. In agricultural districts, nonilluminated seasonal farm
product signs erected for permissible uses in such districts shall
not exceed an area of 32 square feet on one side, and the total of
all such signs erected on a property under one ownership or lease
shall not exceed 256 square feet on one side, providing that no more
than eight signs, regardless of size, shall be placed under one ownership
or lease. The number of signs facing in any one direction shall not
exceed five in number. Contiguous or adjacent but separated parcels
of land owned or leased by the same property or properties shall be
considered as property under one ownership or lease. Name of farm
or produce grown or processor on premises, when placed on a barn,
processing plant or roadside stand, does not require a permit and
is not included in number of area allowance; size of sign is limited
to 100 square feet maximum per sign. Signs which advertise seasonable
farm products must be removed within 10 days after season ends. Sign
content for seasonal products may be changed without requiring an
additional permit.
(5)
Directional sign necessary for uses off a major highway route in
the specific interest of the public is permitted under the following
conditions. Such signs are limited to give information on products
grown or produced in the area under the jurisdiction of this chapter.
These signs shall not exceed four in number per ownership or lease
and eight square feet each in size.
(6)
One sign allowed per ownership or lease with no permit required.
The size of sign is not to exceed six square feet and shall not exceed
eight feet above existing grade. Sign may be illuminated by white
light only.
(7)
The height of any sign shall not exceed 12 feet above the existing
grade, unless a lower height is specified.
(8)
Self-illuminated signs are prohibited.
D.
Signs shall be permitted in the R-1 District as hereinafter provided:
(1)
Signs on lots in agricultural use, as permitted in the A-1 and A-2
Districts.
(2)
Real estate signs relating to the prospective sale, rent or lease
of the land upon which the sign is located. The total sign area on
one street frontage cannot exceed four square feet.
(3)
Nonconforming uses and home occupations and bed-and-breakfasts. One
sign not larger than four square feet in area per street frontage
and shall not exceed three feet in height above existing grade.
(4)
Announcement signs for public, charitable, educational and religious
uses. One sign not over 32 square feet in area. Sign may be illuminated
by white light only.
(5)
The height of any sign shall not exceed eight feet above the existing
grade unless a lower height is specified.
(6)
One residential name sign allowed per residence with no permit required.
Size of sign not to exceed two square feet. Name sign may be illuminated
by external white light only.
(7)
Prohibited signs. Self-illuminated signs are prohibited.
E.
Signs shall be permitted in the R-2 District as hereinafter provided:
(1)
Signs as permitted in the R-1 District.
(2)
Self-illuminated or nonilluminated signs for public grounds, churches,
private and public schools, colleges, hospitals, multiple-dwelling
complexes, nursing homes and conditional uses, not to exceed 32 square
feet in area and shall not exceed 12 feet in height above existing
grade.
F.
Signs shall be permitted in the B-1 District as hereinafter provided:
(1)
Signs on lots in residential use only as permitted in the R-2 District.
(2)
Sign directly relating to a use conducted on the premises, provided
that the total area in square feet of all such signs shall not exceed
256 square feet and only one sign shall be permitted to each distinct
business.
(3)
Height. No sign shall exceed 28 feet above the existing grade.
(4)
Name of commercial establishment on the surface of a building is
included in number and area allowed. Only one such sign is permitted
for each distinct business located on the premises, excepting buildings
located on corner lots, where signs are permitted on each side of
a structure which faces a roadway.
(5)
Real estate. Signs related to prospective sale, rent or lease of
land upon which they are located, provided that the total sign area
of one side on one street frontage does not exceed 32 square feet.
(6)
Signs may be self-illuminated, but must be nonflashing, except to
show time and/or temperature.
(7)
Billboards of 288 square feet maximum area are permitted with setbacks
the same as district requirements for structures where such use is
compatible with existing and planned use of surrounding area.
(8)
Electronic signboards are permitted, provided the sign is in compliance
with the following conditions:
(a)
No more than 48 square feet of electronic signboard is permitted.
(b)
The message on the signboard must remain on the sign for not
less than three continuous minutes.
(c)
Sign and message may not move, scroll, flash, be intermittent,
or have animated or moving parts. Message may be of any color.
(d)
Electronic signboards shall be included in calculating the permissible
square footage of all signs.
G.
Signs shall be permitted in the B-2 District as hereinafter provided:
A.
The extraction of natural resources, including the excavation of sand, gravel or other solid material from the ground and drilling for brine, shall be considered a temporary use and may be permitted in all districts as a conditional use, if approved by the Board of Supervisors, except that a shallow well shall be a permitted use. Oil and gas wells and related activities are subject to Article XII.
B.
All mineral extraction facilities shall comply with the following
minimum requirements and any other measures that the Planning Commission
recommends or the Board of Supervisors may specify to protect the
public interest.
(1)
All excavation operations must be conducted no closer than 100 feet
to any property line unless the adjacent lot is under common lease
or ownership and no closer than 100 feet to any road right-of-way
line except in the following circumstances. Where material is above
the crown of the road within an adjacent right-of-way or above the
level of the adjacent property and within the 100-foot setback, said
material may be excavated down to a level which is an extension of
the top of the crown of the adjacent road or down to the level of
the land along the edge of the adjacent lot line. (See "A" in the
following illustration.) Where material is below the adjacent right-of-way
or below the adjacent property, the pit wall angle shall be no greater
than 60° from horizontal and maintained from the 100-foot setback
point downward. (See "B" in the following illustration.)
|
(2)
All excavation operations shall be conducted no closer than 300 feet
to any existing dwelling, school, hospital or similar residential
structure unless the adjacent building is under common lease or ownership.
C.
All drilling operations shall be conducted no closer than the following
requirements:
(1)
Shallow well (less than 1,500-foot depth) minimum setbacks:
|
From
|
Minimum Setback
(feet)
|
|---|---|
|
A road right-of-way line
|
30
|
|
Other property lines
|
20
|
|
Main structure (on same lot)
|
15
|
|
Accessory buildings (on same lot)
|
5
|
(2)
Deep well (1,500-foot or more depth) minimum setbacks:
|
From
|
Minimum Setback
(feet)
|
|---|---|
|
A road right-of-way line
|
50
|
|
Other property lines
|
45
|
|
Main structures (on same lot)
|
40
|
|
Accessory buildings (on same lot)
|
25
|
D.
The applicant for either excavating or drilling operations shall
file with the Planning Commission a site map delineating the location
of all buildings, property lines, road rights-of-way and major natural
features within 100 feet of the excavation or drill site. The applicant
shall provide a copy of this site map to property owners adjacent
or within 100 feet at the time the application is filed with the Zoning
Officer.
(1)
The applicant shall submit to the Planning Commission the plan for
the placement of temporary sluices, drains and culverts for new access
roads constructed for use in conjunction with the excavation or drilling
and a plan for the restoration of the area involved which may include
anticipated future use of the restored land, the property final topography
indicted by contour lines of no greater interval than five feet, steps
which will be taken to conserve the topsoil, and the location of future
permanent roads, drainagecourses or other improvements contemplated.
(2)
Operators of mineral extraction sites shall file with the Zoning
Officer written proof that the operators have met all permit, registration
and bonding requirements of the Pennsylvania Department of Environmental
Protection or such other state agency as may have jurisdiction by
providing copies of the pertinent documents, permits, etc.
(3)
In addition to the requirements cited in §§ 350-14, 350-27, and 350-32 and Article IX of this chapter, development of these natural resources shall be approved and controlled by the Pennsylvania Department of Environmental Protection (PADEP), Bureau of Geological Survey (Division of Oil and Gas Regulation), and the Bureau of Abandoned Mine Reclamation; and in conformance with the Oil and Gas Conservation Law, 58 P.S. § 401 et seq., as amended, the Oil and Gas Act, 58 Pa.C.S.A. § 3201 et seq., as amended, the Surface Mining Conservation and Reclamation Act 418, 52 P.S. § 1396.1 et seq., as amended, and any other similar law which may be enacted from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
In areas where mineral extraction has been completed, the area may be approved as a staging and temporary storage area for pulp and sludge, principally derived from grape processing conducted in the Township. Review of all applications shall be conducted in the same manner as a conditional use permit and shall be subject to the requirements of § 350-26 and subject to the following additional requirements and conditions:
(1)
No storage or staging shall occur within 120 feet of any road or
property line.
(2)
All storage or staging areas must be properly graded and adequately
compacted or paved to eliminate runoff.
(3)
Pulp and sludge must be covered by a tarp, except when dumping, loading
or compacting.
(4)
All pulp and sludge shall be removed from the site and remain free
of pulp or sludge for a continuous period of 30 days between July
1 and August 31 of each year.
(5)
Permits shall expire on August 1 of the year following approval.
Issuance of a subsequent permit(s) shall be upon application and shall
be subject to a review of the prior operations and the effect, if
any, on properties in the area, roads, and traffic.
(6)
All operations shall comply with all state and federal statutes,
rules, and regulations.
A.
Renewable energy sources may be permitted in all districts as a conditional
use, if approved by the Board of Supervisors.
B.
Unless the proposed renewable energy source is compatible with the
residential character of the neighborhood, the Board of Supervisors
may deny this conditional use in the R-1 and R-2 Districts.
A.
Any outdoor facility for water recreation such as a swimming club, a commercial fishing pond, or any other water storage facility such as a reservoir, fish hatchery, or sewage lagoon may be permitted in all districts as a conditional use, if approved by the Board of Supervisors. Farm ponds are exempt from the following requirements, except for Subsection B. A private swimming pool is a permitted use. See § 350-42, Swimming pools.
B.
The facility must meet the setback requirements of the district in
which it is located. Farm and other man-made ponds and their related
structures must be no less than 50 feet from all road rights-of-way
and property lines.
C.
The facility must be enclosed by a fence no less than four feet high
to prevent uncontrolled access by small children, if recommended by
the Planning Commission for safety reasons and approved by the Board
of Supervisors.
D.
The facility, if operated to attract visitors, must comply with parking
requirements established by the Planning Commission.
E.
Before a permit shall be issued to the operator or owner of the facility,
a plan shall be submitted to the Planning Commission showing size
of facility, proposed use, parking arrangement and use of buildings
of site, surrounding properties and their usage, and any other pertinent
information.
A.
A use or structure located in problem development lands may be permitted
in all districts as a conditional use, if approved by the Board of
Supervisors.
B.
Land where development and public health, safety and general welfare
are threatened by special development problems, such as lake bluffs
or land subject to periodic flooding, shall conform to the following
additional regulations.
C.
Lake bluffs.
(1)
The location and boundaries of land within the Lake Erie bluff recession
hazard area; and
D.
Floodplains.
(1)
The location and boundaries of land subject to periodic flooding
shall be determined by reference to the U.S. Department of Housing
and Urban Development, Federal Insurance Administration Flood Hazard
Boundary Maps. Only the most recent version of these maps shall be
referred to.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Individual residential mobile/manufactured homes may be permitted
in the A-1, A-2, R-1 and R-2 Districts as a conditional use, and if
the mobile/manufactured homes are in compliance with the requirements
of this chapter for single-family dwellings.
B.
A mobile/manufactured home shall be provided and maintained with
approved skirting, foundations and anchorage by the owner of the mobile/manufactured
home. The skirting, foundations and anchorage shall, as a minimum,
meet the manufacturer's specifications.
A.
Home occupations may be permitted in the A-1, A-2, R-1 and R-2 Districts
as a conditional use, if approved by the Board of Supervisors.
B.
A home occupation shall be clearly incidental and secondary to the
use of the dwelling unit for residential purposes. The following additional
conditions shall be observed:
(1)
The occupation shall be customarily carried on in a dwelling unit
or in a structure or building accessory to a dwelling unit; and
(2)
The occupation shall be carried on by a member of the family residing
in the dwelling unit, with not more than one employee outside the
family; and
(3)
The occupation shall be carried on wholly within the principal structure
or accessory structure; and
(4)
There shall be no exterior display, no exterior sign other than permitted by § 350-25, no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principal structure; and
(5)
No offensive odor, no vibration, smoke, dust, heat or glare shall
be produced; and
(6)
The total area of the occupation in all structures shall not exceed
30% of the area of the principal structure.
C.
Home occupations may include, but are not limited to, craft making,
art studios, a dressmaker and tailor, professional services of individual
physicians, dentists, lawyers, engineers, architects or accountants,
individual real estate and insurance agencies, a hairdresser, hair
cutting and styling, or a teacher and tutor.
A.
Animal raising and/or care facilities may be permitted in the R-1
Rural Residential, R-2 Suburban Residential District and the B-1 Commercial
District as a conditional use, if approved by the Board of Supervisors.
B.
Unless a proposed animal raising and/or care facility is compatible
with the character of these areas, the Board of Supervisors may deny
this conditional use in the R-1, R-2 and B-1 Districts.
C.
All intensively used facilities for animal raising and care, including,
but not limited to, such facilities as feed lots and pens, shall not
be constructed within 150 feet of a neighboring property, unless a
release is voluntarily obtained from the adjacent property owner.
A.
Campgrounds may be permitted in the A-2, R-1 and R-2 Districts as
a conditional use, if approved by the Board of Supervisors.
B.
A campground shall have an area of at least five acres.
C.
All water and sewer facilities shall meet the minimum standards established
by the Erie County Health Department.
D.
Density of campsites shall be established by the Board of Supervisors,
except that no campsite shall be closer than 35 feet to any property
adjacent to the campground.
E.
At least 10% of the gross area of the campground must be improved
for recreational activities of the temporary residents of the campground.
F.
The campgrounds shall be appropriately landscaped or screened from
adjacent properties according to standards and conditions to be established
by the Board of Supervisors.
A.
Mobile home parks are a permitted use in the B-1 Commercial District
and a conditional use in the R-2 Suburban Residential District.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A mobile home park shall have an area of at least five acres.
C.
Each mobile home lot shall be either served by municipal water and
sewer facilities if located within 1,000 feet of such public utilities,
or served by common water supply and sewage disposal system maintained
by the mobile home park owner.
E.
No mobile home shall be closer than 35 feet to any property adjacent
to the mobile home park.
F.
At least 10% of the gross area of the park must be improved for recreational
activities of the residents of the park.
G.
The park shall be appropriately landscaped or screened from adjacent
properties according to standards and conditions to be established
by the Board of Supervisors.
H.
Approval by the Pennsylvania Department of Environmental Protection
and the Erie County Health Department shall be required for common
water supply and sewage disposal systems. The park shall meet the
minimum design specifications established by the Mobile Home Manufacturers'
Association or the equivalent.
Billboards are permitted in the B-1 Commercial District and
the B-2 Industrial District, if in compliance with the following requirements:
Heliports and airports are permitted in the B-1 Commercial District
and the B-2 Industrial District, if in compliance with the following
requirements:
A.
Junkyards may be permitted only in the B-2 Industrial District as
a conditional use, if approved by the Board of Supervisors.
A.
Municipal waste (sanitary) and hazardous waste landfills may be permitted
only in the B-2 Industrial District as a conditional use, if approved
by the Board of Supervisors.
B.
In addition to the B-2 District, residual waste and industrial waste
landfills, in which nonhazardous materials would be placed in existing
mineral excavation sites, may be permitted in other zoning districts
as a conditional use.
C.
Plans for all landfills shall be approved and controlled by the Pennsylvania
Department of Environmental Protection (PADEP), Bureau of Land Protection
and Reclamation, Division of Solid Waste Management, and in conformance
with all federal regulations and the Pennsylvania Solid Waste Management
Act 97 of 1980, as amended.[1] Operators of all landfills shall file with the Zoning
Officer written proof that they have met all permitting requirements
and meet subsequent maintenance requirements of the PADEP.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
Resident treatment facilities are a conditional use in the R-2
District and a permitted use in the B-1 District. Placement treatment
facilities are permitted in the B-1 District. Such uses shall meet
the following requirements:
A.
Evidence that all applicable federal, state, county and local laws,
rules, regulations and ordinances (including those dealing with fire
protection and other safety requirements, the number and qualifications
of personnel required, etc.) have been met and will be complied with
concerning the use of an existing structure or construction of a new
facility and the operation of the facility once occupied;
B.
Evidence that all necessary permits, licenses, certifications and
other approvals for the facility and for its operator and/or personnel
or employees have been obtained from federal, state, county and local
government agencies and/or courts, as applicable, and will be kept
in effect; and
C.
A paved parking area(s) with one off-street parking space for each
employee and/or operator on maximum attendant shift and one off-street
parking space for every two care recipient beds, which may be utilized
for recipients or visitors parking as applicable.
All excavations shall be set back from property lines a distance
equal to the depth of the excavation, and the angle of the slope shall
not exceed 60°. See illustrations set forth below in Subsections
A and B:
Driveways in all districts shall be set back from adjacent property
lines not less than 1/2 the applicable minimum side yard required
for the district.
Private swimming pools, capable of being filled with water to
a depth of three feet or more, shall comply with the following conditions
and requirements:
A.
The swimming pool is intended and is to be used solely for the enjoyment
of the occupants of the principal use of the property on which it
is located.
B.
The swimming pool may be located only in the rear yard or side yard
of the property on which it is an accessory use.
C.
The swimming pool, including any aboveground decking, shall not be
closer than 10 feet to any property line of the property on which
the swimming pool is located.
D.
The swimming pool area or the property on which it is located shall be so walled or fenced or otherwise protected as to prevent uncontrolled access by children from the street or from adjacent properties. Such barrier shall not be less than four feet in height and shall be maintained in good condition. When a fence is used, it shall not have any openings greater than two inches in width, except for necessary gates. When such fence is formed of metal or wire, such metal or wire shall not be less than number six gauge. See also Chapter 123, Construction Codes, Uniform, for additional regulations which may be applicable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Wind energy facilities and related activities are subject to Article XIII. Facilities that are stand-alone wind turbines less than 200 feet total in height and constructed primarily for residential or farm use on property where the wind turbine is located and are excluded from Article XIII should be set back from all property lines not less than the maximum height of the blade above grade level.
No construction or excavation shall occur closer than 50 feet
to the top of the bank of 12 Mile Creek, 16 Mile Creek, and 20 Mile
Creek. The setback for all other streams and creeks shall be 50 feet
back from the top of the bank, unless a permit is obtained from the
Pennsylvania Department of Environmental Protection authorizing a
lesser setback.
No residential structure shall be constructed less than 50 feet
from the boundary of an A-1 Preservation or A-2 Agricultural District.
A.
In the A-1 Preservation, A-2 Agricultural, R-1 Rural Residential
and R-2 Suburban Residential Districts, the keeping of horses, cows
and similarly sized animals, where authorized as a permitted or conditional
use, shall only be permitted when the total lot size is no less than
two acres for the first animal and one acre for each additional animal.
Not less than 1/2 acre of pasture shall be provided for each animal,
and said pasture shall be enclosed by a suitable fence not less than
four feet in height.
B.
In A-1 and A-2 Districts, the fence may be on a property line, except
when adjoining an R-1 and/or R-2 District, where it must be 10 feet
from the property line.
C.
In R-1 and R-2 Districts, the fence must be 10 feet from the side
and rear yard property lines.
In all districts, any structure housing farm-type animals, including
but not limited to horses, cows, sheep, pigs, and chickens, shall
not be closer than 50 feet to any property line. No manure shall be
piled or stored within 50 feet of any property line.
A.
Outside wood furnaces shall be located not less than 75 feet from
any property line and shall be 10 feet or more from any residence.
B.
All outside wood furnaces shall have a smokestack not less than two
feet above the highest peak of all neighboring residential structures
located within 100 feet of the outside wood furnace, with a minimum
height of 10 feet above grade level.
A business office is allowed in the R-2 Suburban Residential
District as a special exception use. The Zoning Hearing Board may
grant such a special exception use after a public hearing. The applicant
must provide and establish that the following criteria and requirements
are met:
A.
The property in question is not less than four acres in size.
B.
The property in question, or a contiguous parcel under common ownership,
is utilized for residential purposes.
C.
The property in question must be four acres for the first employee
and an additional one acre for each additional employee thereafter,
with no more than six employees total. The term "employee" as set
forth in this subsection does not include any individuals residing
in the dwelling on the property or their children.
D.
No business offices are permitted which entail customers, clients,
patrons, or similar individuals coming to the property.
E.
No commercial deliveries are permitted, excepting mail or parcel
delivery services (i.e., U.S. Postal Services, UPS, FedEx) and deliveries
of office equipment and supplies actually utilized on the premises.
F.
No more than 30% of the area of the dwelling may be utilized for
business office purposes. If the business offices occupy buildings
other than the dwelling, the total of all areas utilized for business
office purposes shall not exceed a number determined by multiplying
the total area of the dwelling by 1/2.
G.
The proposed business office will not alter the essential character
of the neighborhood or district in which it is located, nor substantially
or permanently impair the appropriate use or development of adjacent
properties.
H.
The proposed business office must be designed, constructed, operated
and maintained so as to be in harmony with and appropriate in appearance
to the existing or intended character of the general vicinity.
