A.
Permitted uses:
(1)
Single-family detached dwellings.
(2)
Group residence facilities.
(3)
Parks, playgrounds and other recreational uses owned and/or
operated by a public entity or subdivision association.
(4)
Educational, religious and philanthropic uses may be permitted
as a special exception by the Zoning Hearing Board, provided the following
conditions are met:
B.
C.
A.
Permitted uses:
(1)
Single-family detached dwellings.
(2)
Group residence facilities.
(3)
Parks, playgrounds and other publicly owned and/or operated
uses, and subdivision association owned and/or operated recreational
uses.
(4)
Educational, religious and philanthropic uses may be permitted
as a special exception by the Zoning Hearing Board, provided the following
conditions are met:
(a)
Applicant must comply with the Fairview Township Performance
Standards Ordinance.
(b)
Applicant must have an approved land development plan that shows
setbacks, screening or visual buffers to protect from noise and light,
and have safe vehicular entrance and exits.
(c)
Applicant must comply with all local, state and federal regulations.
(5)
Municipal or civic buildings, public libraries and museums,
and fire and police stations.
B.
Accessory uses:
(1)
Private garages or parking areas.
(2)
Household pets.
(3)
Home gardening without the sale of products (noncommercial).
(4)
No-impact home-based business.
(5)
Chickens (females only), turkey, ducks, pheasants or quail may
be permitted on lots one acre or more with the following requirements:
(a)
A maximum number of three female chickens, turkey, ducks, pheasants
or quail of any combination per acre with no more than a total of
12 per lot.
(b)
No male chickens permitted.
(c)
The lot area used by such animals must be completely enclosed
by a fence or other method of enclosure (including, but not limited
to, chicken tractors) and located a minimum of 10 feet from any property
line.
(d)
Must follow Department of Environmental Protection (DEP) authorized
manure management practices.
(e)
Accessory buildings (hen houses, coops or barns) housing the
animals must be located a minimum of 25 feet from any property line
and located to the side or rear of the principal structure.
[1]
Hen houses, coops and chicken tractors shall be designed to
provide safe and healthy living conditions for the poultry with a
minimum of three square feet per bird, while minimizing adverse impacts
to other residents in the neighborhood. The accessory building must
be kept in good repair.
(f)
Slaughtering and butchering of poultry must be done in a sanitary
manner indoors and waste disposed of properly.
(g)
Deceased animals must be disposed of properly.
(8)
Bed-and-breakfast inns shall be permitted as a special exception
by the Zoning Hearing Board with the following restrictions:
(a)
The minimum lot size shall be two acres.
(b)
The principal structure must maintain a minimum of 100-foot
setback to the nearest parcel boundary.
(d)
Must meet all the requirements of the Pennsylvania Construction
Code.
(e)
Minimum one parking space per guest room, plus two spaces for
the single-family dwelling and one space for each employee.
(f)
Permanent signs shall not be permitted.
(g)
The parcel must have a safe and adequate vehicular entrance
and exit.
(h)
Must obtain an annual occupancy permit.
(i)
A breakfast meal only shall be provided to inn guests and residents.
(9)
Other accessory uses customarily incidental to a permitted principal
use.
C.
D.
Off-street parking requirements:
(1)
A minimum of two off-street parking spaces per family dwelling
unit.
(2)
Municipal or civic buildings, public libraries and museums,
and fire and police stations: one space for every 100 square feet
of service floor area.
A.
Permitted uses:
(1)
Single-family detached dwellings.
(2)
Group residence facilities.
(3)
Multiple-family dwellings.
(4)
Parks, playgrounds and other publicly owned and/or operated
uses and subdivision association owned and/or operated recreational
uses.
(5)
Educational, religious and philanthropic uses may be permitted
as a special exception by the Zoning Hearing Board, provided the following
conditions are met:
(a)
Applicant must comply with the Fairview Township Performance
Standards Ordinance.
(b)
Applicant must have an approved land development plan that shows
setbacks, screening or visual buffers to protect from noise and light
and have safe vehicular entrance and exits.
(c)
Applicant must comply with all local, state and federal regulations.
(6)
Municipal or civic buildings, public libraries and museums,
and fire and police stations.
(7)
Group homes, independent and assisted living residences, skilled
nursing care homes, and resident hospitals may be permitted as a special
exception by the Zoning Hearing Board, provided the following conditions
are met:
(a)
Appropriate registrations and certifications from the approval
agency or agencies shall be submitted with the application for permit,
and any change in such information shall be forwarded to the Zoning
Officer within 30 days.
(b)
All residents of the home or facility shall be residents of
Fairview Township.
(c)
The illumination of parking areas and buildings and the display
of signs are placed in a manner minimizing the disturbance to the
adjacent lots and street rights-of-way.
(d)
Persons receiving treatment under Article III (Involuntary Examination and Treatment) and/or Article IV (Determinations Affecting those Charged with a Crime or Under Sentence) of the Mental Health Procedures Act[1] shall not be eligible for residing in the facility.
[1]
Editor's Note: See 50 P.S. § 7301 et seq. and 50
P.S. § 7401 et seq.
(e)
Intellectually disabled individuals shall be certified by Erie
County mental retardation authorities as capable of residing in the
facility.
(g)
Maximum building height: 40 feet.
B.
C.
Lot and area requirements:
(1)
Minimum lot area.
(a)
Single-family detached dwellings: 15,000 square feet.
(3)
Minimum front yard: 35 feet.
(4)
(8)
Minimum lot depth: 150 feet.
(9)
Maximum lot depth to width ratio: 3:1.
A.
Permitted uses:
(1)
Local retail businesses, branch banks/ATMs, and local offices,
when business is conducted entirely within buildings.
(2)
Restaurants, coffee houses, arcades and other similar places
of business and public amusement, when business is conducted entirely
within buildings.
(3)
Restaurants, bed-and-breakfast homes, coffee houses, public
amusement and other similar places of business with limited outdoor
dining shall be permitted as a special exception by the Zoning Hearing
Board with the following requirements:
(a)
Hours of outdoor dining shall be limited to between the hours
of 7:00 a.m. to 9:00 p.m. daily.
(c)
A buffering and screening plan shall be required and approved
by the Zoning Hearing Board.
(e)
The maximum outdoor dining area shall not exceed 30% of the
total indoor facility dining area. The area used for outdoor activities/uses
shall be included in the required 100 square feet per parking space
requirement.
(4)
Personal service businesses, including barber and beauty shops,
custom tailor shops, laundry agencies, self-service laundries, hand
laundries, shoe repair, dry cleaning, pressing or tailoring shops
in which only nonexplosive and noninflammable solvents and materials
are used and where no work is done on the premises for business outlets
elsewhere.
(5)
Bakery, candy, pastry, confectionery or ice cream retail sales
with minor manufacturing permitted for sales on the premises only,
provided that not more than four persons are employed during any one
shift in such business.
(6)
Drive-in uses for the above Subsection A(1) through (5) uses, excluding theaters and automobile fuel/vehicle service stations, provided the following conditions are met:
(b)
No equipment above the surface of the ground shall be parked
or stored closer than 25 feet to any property line.
(c)
The width of any entrance driveway leading from the public street
to such drive-in use shall not exceed 30 feet at its intersection
with the curbline or edge of pavement.
(d)
No two driveways leading from a public street to such drive-in
use shall be within 25 feet of each other at their intersection with
the curb or street line.
(e)
Parking and vehicle access shall be so arranged that there will
be no need for motorists to back over sidewalks or into streets.
(7)
Outdoor recreation and commercial uses, excluding theaters,
automobile fuel/vehicle service stations, boats, motor vehicle and
equipment sales, or mobile and modular home sales, are permitted as
a special exception by the Zoning Hearing Board, provided the following
conditions are met:
(8)
The Downtown Village overlay area where a residence may be placed
in a B-1 or B-2 commercial structure shall also be determined as one
principal or permitted use.
(9)
Bed-and-breakfast inn shall be permitted with the following
restrictions:
(a)
The minimum lot size shall be 20,000 square feet.
(c)
The inn must meet all the requirements of the Pennsylvania Construction
Code.
(d)
Minimum one parking space per guest room, plus two spaces for
the single-family dwelling and one space for each employee.
(e)
Permanent signs shall not exceed 12 square feet in area and must comply with § 395-824B(1) through (9).
(f)
The parcel must have safe and adequate vehicular entrance and
exit.
(g)
Must obtain an annual occupancy permit.
(h)
A breakfast meal only shall be provided to inn guests and residents
entirely within the building.
C.
Lot and area requirements:
(1)
Minimum lot area: 20,000 square feet except in the Village Area,
which has a minimum of 10,000 square feet.
(2)
Minimum lot width: 100 feet except in the Village Area, which
has a minimum of 80 feet.
(3)
Minimum front yard: 50 feet except in the Village Area, which
has a minimum of 25 feet.
(7)
Maximum building lot coverage: 50%.
D.
Off-street parking and loading requirements:
(1)
Parking requirements:
(a)
One space for each 125 square feet of sales or service floor
area and one space for each employee on maximum work shift.
(b)
Restaurants or other places serving beverages, rations or refreshments
need one space for each three seats and one space for each employee
on maximum work shift.
(c)
Small appliance and other repair shops need one space for each
500 square feet of floor space.
(d)
Drive-in uses: 10 spaces.
(e)
Recreational uses: one space for each 300 square feet of gross
lot area.
(f)
Arcades: one space per five machines.
(g)
Bed-and-breakfast home: one space per guest sleeping unit and
two spaces for the family dwelling unit and one for each employee.
(2)
Loading requirements: one loading unit for each 10,000 square
feet of sales floor area.
A.
Permitted uses:
(1)
Regional retail or professional service businesses, banks and
offices.
(2)
Chain restaurants, hotels/motels, taverns, bowling alleys and
other similar places of business and public amusement.
(3)
Personal service businesses including barber and beauty shops,
custom tailor shops, laundry agencies, self-service laundries, hand
laundries, shoe repair, dry cleaning, pressing or tailoring shops
in which only nonexplosive and noninflammable solvents and materials
are used.
(4)
Bakery, candy, pastry, confectionery or ice cream retail sales
with minor manufacturing permitted for sales on the premises only,
provided that not more than 10 persons are employed during any one
shift in such business.
(6)
Outdoor recreation and commercial uses.
(7)
Automobile sales, service and/or rental.
(8)
Automobile repair garages when conducted entirely within a building
and when not less than 100 feet from a residential district. Vehicles
located on the lot for service shall have current registration plate
affixed and be serviced within a thirty-day period.
(a)
Accident vehicles requiring more than 72 hours for service shall
be stored in a screened area and not visible from any property boundary.
(b)
Automobile parts may be stored in an area of not more than 200
square feet in an area screened and not visible from any property
boundary.
(c)
All storage areas must be 50 feet from any rear yard and 15
feet from any side yard.
(9)
Automobile fuel stations and other drive-in uses are permitted,
provided the following conditions are met:
(b)
No equipment above surface of ground shall be parked or stored
closer than 25 feet to any property line.
(c)
The width of any entrance driveway leading from the public street
to such service station or other drive-in use shall not exceed 30
feet at its intersection with the curbline or edge of pavement.
(d)
No two driveways leading from a public street to such service
station or other drive-in use shall be within 25 feet of each other
at their intersection with the curb or street line.
(e)
Parking and vehicle access shall be so arranged that there will
be no need for motorists to back over sidewalks or into streets.
(10)
Shopping areas composed of integrated center for retail sales
and services and amusement centers including plazas, malls and office
parks.
(11)
The Downtown Village Overlay Area where a residence may be placed
in a B-1 or B-2 commercial structure shall also be determined as one
principal or permitted use.
(12)
Bed-and-breakfast inn shall be permitted with the following
restrictions:
(a)
The minimum lot size shall be 20,000 square feet.
(c)
The inn must meet all the requirements of the Pennsylvania Construction
Code.
(d)
Minimum one parking space per guest room, plus two spaces for
the single-family dwelling and one space for each employee.
(e)
The parcel must have safe and adequate vehicular entrance and
exit.
(f)
Must obtain an annual occupancy permit.
(g)
A breakfast meal only shall be provided to inn guests and residents.
B.
Accessory uses:
(2)
Other accessory uses, on the same lot with and customarily incidental
to a permitted principal use.
(4)
Outdoor storage areas. Shall not exceed more than 25% of the
lot area and shall be completely enclosed with a sight obscuring screen
at least eight feet in height either with a chain-link fence with
filler strips or sight obscuring evergreen hedge. All storage shall
be at least 15 feet from a property boundary. All storage areas must
be to the side or rear of the building.
C.
Lot and area requirements:
(1)
Minimum lot area: 20,000 square feet except in the Village Area,
which has a minimum of 10,000 square feet.
(2)
Integrated center: one acre. Lot and area and construction requirements
must be determined on the basis of the entire regional or integrated
shopping area. These determinations shall include the following construction
and design requirements:
(a)
Access (ingress and egress) shall be provided in accordance
with the Pennsylvania Department of Transportation requirements and
permit flow and turning movements with a minimum of traffic interruption.
(b)
Parking design including spacing, driving aisles and turning
areas shall be well defined and permit maximum use of movement.
(c)
Lane separations, traffic directions and pedestrian access shall
be well defined.
(e)
Plans for integrated centers, showing the location and design
of all facilities, shall be submitted to the Planning Commission and
Board of Supervisors for review and approval prior to the issuance
of a zoning permit.
(3)
Minimum lot width: 100 feet except in the Village Area, where
it is 80 feet.
(4)
Minimum front yard: 50 feet except in the Village Area, where
it is 25 feet.
(7)
Maximum building height: three stories or 40 feet including
accessory use structures.
(8)
Maximum building lot coverage: 50%.
(9)
Minimum lot depth: 175 feet, except in the Village Area, where
it is 125 feet.
(10)
Maximum lot depth to width ratio: 3:1, including the Village
Area.
D.
Off-street parking and loading requirements:
(1)
Parking requirements:
(a)
One space for each 125 square feet of sales or service floor
area and one space for each employee on maximum work shift.
(b)
Restaurants or other places serving beverages, food or refreshments:
one space for each three seats and one space for each employee on
maximum work shift.
(c)
Motor vehicle sales rooms, garages, repair shops: one space
for each 500 square feet of floor space.
(d)
Drive-in uses: 10 spaces.
(e)
Recreational uses: one space for each 300 square feet of gross
lot area.
(f)
Bowling alleys and pool halls: five spaces per alley or table.
(g)
Bed-and-breakfasts, hotels and motels: one space per guest sleeping
unit (bed-and-breakfast: one space for each resident) and one space
for each employee on maximum work shift.
(2)
Loading requirements: one loading unit for each 10,000 square
feet of sales floor area.
A.
Permitted uses:
(1)
Retail, service businesses (either professional or personal),
banks and offices.
(2)
Restaurants, drive-ins, hotels/motels, taverns, bowling alleys
and other similar places of business and public amusement.
(3)
Food manufacturing.
(4)
Outdoor recreation and commercial uses.
(5)
Automobile sales, repair, service and rental.
(a)
Automobile repair garages when business is conducted entirely
within a building and when not less than 100 feet from a residential
district. Vehicles located on the lot for service shall have current
registration plate affixed and be serviced within a thirty-day period.
(b)
Accident vehicles requiring more than 72 hours for service shall
be stored in a screened area or an area least visible from any property
boundary.
(c)
Automobile parts may be stored in an area of not more than 200
square feet that is screened and not visible from any property boundary.
(d)
All storage areas must be 50 feet from any rear yard and 15
feet from any side yard.
(6)
Automobile fuel stations and other drive-in uses are permitted,
provided the following conditions are met:
(b)
No equipment above surface of ground shall be parked or stored
closer than 25 feet to any property line.
(c)
The width of any entrance driveway leading from the public street
to such service station or other drive-in use shall not exceed 30
feet at its intersection with the curbline or edge of pavement.
(d)
No two driveways leading from a public street to such service
station or other drive-in use shall be within 25 feet of each other
at their intersection with the curb or street line.
(e)
Parking and vehicle access shall be so arranged that there will
be no need for motorists to back over sidewalks or into streets.
(7)
Industrial and retail integrated centers, amusement centers
including plazas, malls and office parks.
(a)
Wholesale, warehousing and highway freight transportation warehouse.
(b)
Self-storage units.
(c)
Transportation terminals.
(d)
Distribution plants and beverage and bottling distribution.
(e)
Light manufacturing.
(f)
Laboratories and offices devoted to research, design, experimentation,
development, processing and fabrication.
(g)
Utility, communication, electric and gas company operations.
(h)
Radio and television facilities and operations, telephone exchange
and transformer stations.
(i)
Contractor offices and equipment storage.
(j)
Building material supply yard, but not including stone crushing
or concrete/asphalt mixing and/or manufacturing.
|
These principal uses shall comply with all federal,
state, county and local environmental and other statutes and regulations.
|
C.
Lot and area requirements:
(1)
Minimum lot area: 30,000 square feet.
(a)
Integrated center: one acre. Lot and area and construction requirements
must be determined on the basis of the entire regional or integrated
shopping area. These determinations shall include the following construction
and design requirements:
[1]
Access (ingress and egress) shall be provided in accordance
with the Pennsylvania Department of Transportation requirements and
permit flow and turning movements with a minimum of traffic interruption.
[2]
Parking design including spacing, driving aisles and turning
areas shall be well defined and permit maximum use of movement.
[3]
Lane separations, traffic directions and pedestrian access shall
be well defined.
[5]
Plans for integrated centers, showing the location and design
of all facilities, shall be submitted to the Planning Commission and
Board of Supervisors for review and approval prior to the issuance
of a zoning permit.
(2)
Lot width: 135 feet.
(6)
Maximum building height: 50 feet, including accessory uses.
(7)
Maximum building lot coverage: 50%.
(8)
Maximum lot depth to width ratio: 3:1.
(10)
No equipment above surface of ground shall be parked or stored
closer than 25 feet to any property line.
(11)
The width of any entrance driveway leading from the public street
to such use shall not exceed 130 feet at its intersection with the
curbline or edge of pavement, and grade level shall be maintained
for a distance of 100 feet into the lot.
(12)
No two driveways leading from a public street to such use shall
be within 50 feet of each other at their intersection with the curb
or street line.
(13)
Parking and vehicle access shall be so arranged that there will
be no need for the motorist to back over a sidewalk or into a street.
D.
Off street parking. Space for off-street parking of employees, customers
and visitors shall be required in the following manner and in accordance
with other sections of this chapter governing off-street parking.
(2)
Restaurants or other places serving beverages, rations or refreshments:
one space for each three seats and one space for each employee on
maximum work shift.
(3)
Motor vehicle sales rooms, garages, repair shops: one space
for each 500 square feet of floor space.
(4)
Drive-in uses: 10 spaces.
(5)
Recreational uses: one space for each 300 square feet of gross
lot area.
(6)
Bowling alleys and pool halls: five spaces per alley or table.
(7)
Hotels and motels: one space per guest sleeping unit and one
space for each employee on maximum work shift.
(8)
Off-street parking spaces for uses within Subsection A(7) may be interpreted to be an accessory use and shall conform to all requirements as to side yard and rear yard clearance and shall provide one parking space for every 800 square feet of floor area for permitted uses. Visitor-only parking shall be permitted to the front of the building but in all cases there shall be at least 50 feet from the front lines of parking lots to the street right-of-way. Parking to the front of the building shall not exceed 10% of the required spaces except for lots along "main thoroughfares" where this restriction shall not apply.
(9)
All parking spaces provided in the district shall be located
on the same property with the permitted use it is intended to serve.
(10)
Space also shall be provided for the parking of freight and
delivery trucks during any time in which the off-street loading facilities
prescribed in the ordinance are insufficient to handle all such trucks
waiting to use said facilities.
E.
Off street loading and unloading storage:
(1)
Loading requirements: one unit for every 10,000 square feet
of building area.
(2)
Off-street loading/unloading and storage space shall herein
be interpreted to be an accessory use and shall conform to all requirements
as to front, side and rear yard clearances as specified in this chapter.
(3)
All loading/unloading and storage space shall be located on
the same property with the permitted use it is intended to serve.
(4)
All open areas used for storage of any type shall be enclosed
by a solid wall or fence. All such solid walls or fences shall be
a minimum of seven and a maximum of 15 feet in height and in no case
shall storage of materials be permitted to exceed the height of the
fence. Storage shall be limited to materials in accordance with the
standards of the Pennsylvania Department of Environmental Protection,
the U.S. Environmental Protection Agency and State Fire Marshal regulations.
(5)
In no case shall storage spaces or loading/unloading facilities
be permitted in the front of any main building.
(6)
All loading/unloading facilities shall be located a minimum
of 300 feet from any residential district boundary if operated at
any time between the hours of 6:00 p.m. and 7:00 a.m.
(7)
Sufficient area shall be provided for loading/unloading and
storage of motor vehicles used in the conduct of the business or industrial
activity.
A.
Permitted uses. Only those industrial, manufacturing, compounding,
processing, packaging or treatment uses and processes from the following
listing are permitted when they comply with all federal, state, county,
local environmental and other statutes and regulations.
(1)
Wholesale, warehousing and storage.
(2)
Highway freight, transportation and warehousing.
(3)
Transportation terminals.
(4)
Distributing plants, beverages, bottling and/or distribution.
(5)
The manufacturing, compounding, processing/packaging, treatment
and distribution of such products as bakery goods, candy, cosmetics,
pharmaceuticals, toiletries, food and kindred products.
(6)
Laboratories devoted to research, design, experimentation, processing
and fabrication.
(8)
Radio and television facilities and operations, telephone exchange
and transformer stations.
(9)
Carpenter, electrical, plumbing, welding, heating, or sheet
metal shop, furniture upholstering shop, laundry and clothes cleaning
establishments, printing shop or publishing plant.
(10)
Contractor equipment storage, building material supply and sales,
but not including stone crushing or concrete/asphalt mixing and/or
manufacturing.
(11)
Assembly, manufacturing, compounding, processing, packaging
or treatment.
(12)
Office buildings and buildings used for research and development
(R&D facilities).
(13)
Automobile repair garages shall be permitted as a special exception
when conducted entirely in a building and when not less than 100 feet
from a residential district. Vehicles located on the lot for service
shall have current registration plate affixed and be serviced within
a thirty-day period.
(a)
Accident vehicles requiring more than 72 hours for service shall
be stored in a screened area or an area not visible from any property
boundary.
(b)
Automobile parts may be stored in an area of not more than 200
square feet in an area screened and not visible from any property
boundary.
(c)
All storage areas must be 50 feet from any rear yard and 15
feet from any side yard.
B.
Accessory uses. The following accessory uses shall be permitted in
the Light Industrial District, provided the buildings and accessory
buildings and uses comply with all requirements of other districts
in which they are normally permitted under this chapter.
(1)
On-site cafeterias or restaurants specifically designed and
only for use by those employees and management of permitted uses in
the Light Industrial District.
(2)
On-site recreational health facility, auditoriums, meeting rooms
or other buildings only for the mutual use of the permitted uses located
within the District, for meetings, programs, displays, recreation
and other such uses as the users of the District may deem necessary.
These facilities shall be prohibited for use by organizations, clubs
and fraternities not specifically associated with businesses in the
District.
(5)
Other accessory uses customarily incidental to a permitted principal
use.
C.
Special exception accessory uses. The following accessory uses shall
be permitted in the Light Industrial District as special exceptions,
provided the buildings and accessory buildings and uses comply with
all requirements of other districts in which they are normally permitted
and meet the requirements of this section.
(1)
Outdoor recreational facilities designed and intended for use
by employees and management of those permitted uses within the district.
These facilities and associated uses shall comply with all requirements
of this section in respect to front yard, side yard and rear yard
clearances. These facilities, if lighted, must meet the requirements
set forth in the Fairview Township Subdivision and Land Development
Ordinance and Performance Standards Ordinance regarding glare.[1]
(2)
All heliports shall be licensed by the Pennsylvania Department
of Transportation, Bureau of Aviation, and shall meet minimum requirements
specified by the Federal Aviation Administration or other governing
agency.
D.
Lot and area requirements:
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 135 feet.
(6)
Maximum building height: 50 feet with the following exceptions:
Chimneys, water tanks, communication towers and antennas, individual
wind turbine, ventilators and other similar structures, whether or
not accessory to building or appurtenant thereto, may be erected to
a height exceeding 50 feet, provided they are in compliance with the
applicable federal regulations relative to objects affecting navigable
air space.
(7)
Any such structures whose height at any point will exceed 100
feet shall only be permitted as a special exception by the Zoning
Hearing Board with the following restrictions:
(a)
The structures must be in operation and not vacated for more
than six months.
(b)
The applicant must supply Fairview Township with a bond or suitable
form of financial surety for the removal of such structure.
(c)
The minimum setback to all property boundaries shall be the
height of the structure, plus 30%.
(8)
Maximum building lot coverage: 50%.
(9)
Maximum lot depth to width ratio: 3:1.
(10)
Minimum lot depth: 250 feet.
(12)
No equipment above the surface of ground shall be parked or
stored closer than 25 feet to any property line.
(13)
The width of any entrance driveway leading from the public street
to such use shall not exceed 130 feet at its intersection with the
curbline or edge of pavement, and grade level shall be maintained
for a distance of 100 feet into the lot.
(14)
No two driveways leading from a public street to such use shall
be within 50 feet of each other at their intersection with the curb
or street line.
(15)
Parking and vehicle access shall be so arranged that there will
be no need for the motorist to back over a sidewalk or into a street.
E.
Off-street parking. Space for off-street parking of employees, customers
and visitors shall be required in the following manner and in accordance
with other sections of this chapter governing off-street parking.
(1)
Off-street parking space herein may be interpreted to be an
accessory use and shall conform to all requirements as to side yard
and rear yard clearance and shall provide one parking space for every
800 square feet of interior floor area.
(2)
All parking spaces provided in the district shall be located
on the same parcel with the permitted use it is intended to serve.
(3)
Sufficient parking spaces for employees, customers and visitors shall be provided. Visitor-only parking shall be permitted to the front of the building, but in all cases there shall be at least 50 feet from the front lines of parking lots to the street right-of-way. Parking to the front of the building shall not exceed 10% of the required spaces except for lots along "main thoroughfares" where this restriction shall not apply. All parking shall conform to Subsection D(3), (4) and (5), lot and area requirements of this chapter.
(4)
Space also shall be provided for the parking of freight and
delivery trucks during any time in which the off-street loading facilities
prescribed in the ordinance are insufficient to handle all such trucks
waiting to use said facilities.
F.
Off-street loading/unloading and storage. Space for off-street loading/unloading
and storage shall be required in the following manner and in accordance
with other sections of this chapter governing loading requirements.
(1)
Off-street loading/unloading and storage space shall herein
be interpreted to be an accessory use and shall conform to all requirements
as to front, side and rear yard clearances as specified in this chapter.
(2)
All loading/unloading and storage space shall be located on
the same property with the permitted use it is intended to serve.
(3)
All open areas used for storage of any type shall be enclosed
by a solid wall or fence. All such solid walls or fences shall be
a minimum of seven and a maximum of 15 feet in height and in no case
shall storage of materials be permitted to exceed the height of the
fence. Storage shall be limited to materials in accordance with the
standards of the Pennsylvania Department of Environmental Protection,
the U.S. Environmental Protection Agency and State Fire Marshal regulations.
(4)
In no case shall storage spaces or loading/unloading facilities
be permitted in the front of any main building.
(5)
All loading/unloading facilities shall be located a minimum
of 300 feet from any residential district boundary if operated at
any time between the hours of 6:00 p.m. and 7:00 a.m.
(6)
Sufficient area shall be provided for loading/unloading and
storage of motor vehicles used in the conduct of the business or industrial
activity.
(7)
Loading requirements: one unit for every 10,000 square feet
of building area.
G.
Landscaping standards. The following landscaping standards shall
be adhered to:
(1)
All earthen areas may be at the owner's option and shall
be protected from erosion.
(2)
Landscaped yard areas may include the use of flagpoles, screens,
terraces, fountains, pools and other water arrangements, and various
types of trees and shrubs. All trees, plants and shrubs shall be varieties
that are adaptable to the local soil and climate condition and which
blend with existing natural growth.
(a)
The use of shrubs, additional trees, (evergreen, deciduous and
small flowering) annuals, perennials, spring flowering bulbs, and
ground covers may be at the owner's option.
(b)
The owner is encouraged to keep as many of the existing trees
on the site as possible.
(c)
The owner may elect to treat portions of the site as natural
landscaping by encouraging the growth of native plants. Plants which
can become a nuisance (Japanese honeysuckle, multiflora rose, autumn
olive, or nonnative invasive species) shall not be planted or maintained
on the site.
(3)
All landscaped areas shall be perpetually maintained and in
good condition at all times.
(4)
Landscaping devices shall not obscure the site distances in
a manner that may create a traffic hazard. No trees shall be placed
within 10 feet of any street right-of-way.
H.
Utility standards.
(1)
Electrical and telephone service may be brought into the site
where overhead service may be permitted.
(2)
Any lot in a Light Industrial District site shall be provided
with an adequate water supply for both industrial and fire protection
use. Private water supplies shall require a permit or water survey.
(3)
Any lot in a Light Industrial District site shall be provided
with adequate sanitary sewage collection and treatment facilities,
if applicable, in accordance with the requirements of the Pennsylvania
Department of Environmental Protection and the Erie County Department
of Health. Private sewage facilities shall require a sewer permit
or a septic permit.
I.
Fire protection standards.
(1)
Direct and unobstructed access to the perimeter of all buildings
shall be provided for emergency vehicles as follows: for buildings
under 50,000 square feet: 50% of the perimeter; buildings over 50,000
square feet but less than 100,000 square feet: 75%; and buildings
larger than 100,000 square feet: 100%.
(2)
Any street or driveway shall be considered an access point if
located not more than 50 feet from the building served.
(3)
All means of access must be constructed to sustain the weight
of emergency vehicles and shall not be less than 18 feet in width.
(4)
A fire hydrant shall be constructed on any industrial district
site and connected to a public water system where a public water main
is available at a lot boundary or within 1,000 feet of the lot boundary.
A.
Permitted uses. Only those industrial, manufacturing, compounding,
processing, packaging or treatment uses and processes from the following
listing are permitted when they comply with all federal, state, county,
local environmental and other statutes and regulations.
(1)
Wholesale, warehousing and storage.
(2)
Highway freight, transportation and warehousing.
(3)
Transportation terminals.
(4)
Distributing plants, beverages, bottling and/or distribution.
(5)
The manufacturing, compounding, processing/packaging, treatment
and distribution of such products as bakery goods, candy, cosmetics,
pharmaceuticals, toiletries, food and kindred products.
(6)
Laboratories devoted to research, design, experimentation, processing
and fabrication.
(7)
(8)
Radio and television facilities and operations, telephone exchange
and transformer stations.
(9)
Carpenter, electrical, plumbing, welding, heating, or sheet
metal shop, furniture upholstering shop, laundry and clothes cleaning
establishments, printing shop or publishing plant.
(10)
Building material supplies, contractor equipment storage, but
not including stone crushing or concrete/asphalt mixing and/or manufacturing.
(11)
Assembly, manufacturing, compounding, processing, packaging
or treatment.
(12)
Office buildings and buildings used for research and development
(R&D) facilities.
(14)
Compressors serving the oil and gas industry so long as they
are located and operated in the following manner and in conformity
with such other conditions as may be approved as a special exception
by the Zoning Hearing Board, provided the following conditions are
met:
B.
Accessory uses. The following accessory uses shall be permitted in
the Industrial Park District providing the buildings and accessory
buildings and uses comply with all requirements of other districts
in which they are normally permitted.
(1)
On-site cafeterias or restaurants specifically designed and
only for use by those employees and management of permitted uses in
the Industrial Park District.
(2)
On-site recreational health facility, auditoriums, meeting rooms
or other buildings only for the mutual use of the permitted uses located
within the district, for meetings, programs, displays, recreation
and other such uses as the users of the district may deem necessary.
These facilities shall be prohibited for use by organizations, clubs
and fraternities not specifically associated with businesses in the
district.
C.
Special exception accessory uses. The following accessory uses shall
be permitted in an Industrial Park District providing the buildings
and accessory buildings and uses comply with all requirements of other
districts in which they are normally permitted.
(1)
Outdoor recreational facilities designed and intended for use
by employees and management of those permitted uses within the district.
These facilities and associated uses shall comply with all requirements
of this section in respect to front yard, side yard and rear yard
clearances. These facilities, if lighted, must be shielded away from
any thoroughfares and residential districts and meet the requirements
set forth in the Fairview Township Subdivision and Land Development
Ordinance and Performance Standards Ordinance regarding glare.[2]
(2)
All heliports shall be licensed by the Pennsylvania Department
of Transportation, Bureau of Aviation, and shall meet minimum requirements
specified by the Federal Aviation Administration or other governing
agency.
(3)
Compressor stations shall be permitted as an accessory use as
a special exception in the Industrial Park District, provided the
buildings and uses comply with all requirements of this section:
(a)
Applicant must comply with the Fairview Township Performance
Standards Ordinance.
(b)
Applicant must have an approved land development plan that shows
setbacks, screening or visual buffers to protect from noise and light
and must include safe vehicular entrance and exits.
(c)
Applicant must comply with all local, state and federal regulations.
D.
Lot and area requirements.
(1)
An Industrial Park District shall be required to contain a minimum
of 50 acres of land area unless it is contiguous to an existing industrial
district.
(2)
Minimum lot area: one acre.
(3)
Minimum lot width: 135 feet.
(7)
Maximum building height: 50 feet, with the following exceptions:
(a)
Commercial wind turbines, chimneys, water tanks, communication
towers and antennas, ventilators and other similar structures, whether
or not accessory to building or appurtenant thereto may be erected
to a height exceeding 50 feet, provided they are in compliance with
the applicable federal regulations relative to objects affecting navigable
air space.
(b)
Any such structures whose height at any point will exceed 100
feet shall only be permitted as a special exception by the Zoning
Hearing Board with the following restrictions:
[1]
The structures must be in operation and not vacated for more
than six months.
[2]
The applicant must supply Fairview Township with a bond or suitable
form of financial surety for the removal of such structure.
[3]
The minimum setback to all property boundaries shall be the
height of the structure plus 30%.
(8)
Maximum building lot coverage: 50%.
(9)
Maximum lot depth to width ratio: 3:1.
(10)
Minimum lot depth: 250 feet.
E.
Off-street parking. Space for off-street parking of employees, customers
and visitors shall be required in the following manner and in accordance
with other sections of this chapter governing off-street parking.
There shall be no on-street parking permitted in an Industrial Park
District under this zoning classification.
(1)
Off-street parking space herein may be interpreted to be an
accessory use and shall conform to all requirements as to side yard
and rear yard clearance and shall provide one parking space for every
800 square feet of floor area.
(2)
All parking spaces provided in the district shall be located on the same property with the permitted use it is intended to serve and conform to the landscaping requirements described in Subsection H.
(3)
Sufficient parking spaces for employees, customers and visitors shall be provided. Visitor-only parking shall be permitted in the front of the building but in all cases there shall be at least 50 feet from the front lines of parking lots to the street right-of-way. Parking in the front of the building shall not exceed 10% of the required spaces except for lots along arterials and collectors where this restriction shall not apply. All parking shall conform to Subsection D(3), (4), (5) and (6), lot and area requirements, of this chapter.
(4)
Space also shall be provided for the parking of freight and
delivery trucks during any time in which the off-street loading facilities
prescribed in the ordinance are insufficient to handle all such trucks
waiting to use said facilities.
F.
Off street loading/unloading and storage. Space for off-street loading/unloading
and storage shall be required in the following manner and in accordance
with other sections of the ordinance governing loading requirements.
(1)
Off-street loading/unloading and storage space shall herein
be interpreted to be an accessory use and shall conform to all requirements
as to front, side and rear yard clearances as specified in this chapter.
(2)
All loading/unloading and storage space shall be located on
the same property with the permitted use it is intended to serve.
(3)
All open areas used for storage of any type shall be enclosed
by a solid wall or fence. All such solid walls or fences shall be
a minimum of seven and a maximum of 15 feet in height and in no case
shall storage of materials be permitted to exceed the height of the
fence. Storage shall be limited to materials in accordance with the
requirement standards of the Pennsylvania Department of Environmental
Protection, the U.S. Environmental Protection Agency and State Fire
Marshal regulations.
(5)
All loading/unloading facilities, if operated at any time between
the hours of 6:00 p.m. and 7:00 a.m., shall be located a minimum of
300 feet from any residential district boundary.
(6)
Sufficient area shall be provided for loading/unloading and
storage of motor vehicles used in the conduct of the business or industrial
activity.
(7)
Loading requirements: one unit for every 10,000 square feet
of building area.
G.
Signs and lighting requirements.
(1)
Signs:
(a)
Only identification signs identifying the name and business
of the persons or firms occupying the premises shall be permitted.
Advertising signs, billboards, or other signs, except those specifically
permitted, are prohibited. No freestanding sign shall be larger than
40 square feet. No wall mounted sign shall be larger than 100 square
feet. These restrictions shall not apply to informational signs at
the entrance to the industrial park.
(b)
Identification signs shall generally be placed upon the outside
walls of the buildings, but shall not extend above the line of the
roof meeting the wall. However, identification signs may be placed
within the front yard set-back area when they are constructed and
designed to be a part of the landscaping element and provided that
they are not placed within any applicable clear site distance. All
other signs within the front yard set-back area, signs painted on
exterior faces of buildings or on roofs or fences, flashing or moving
signs are prohibited. Signs shall not be placed or externally illuminated
in a manner which casts glare or is otherwise detrimental to neighboring
occupancies or to the safe movement of traffic.
(c)
No sign shall be located within 100 feet of any intersection unless affixed to a building and not extending more than three feet beyond the same. This shall not apply to information signs within the industrial park so long as it is not in violation of Subsection G(1)(d) of this section and any clear site triangle setback requirement.
(d)
No sign shall be erected or maintained in any yard which will
in any way obstruct a view of any street intersection or otherwise
create a traffic hazard.
(e)
Building and zoning permits shall be required for any exterior
signs.
H.
Landscaping standards. The following landscaping standards shall
be adhered to:
(1)
All areas not paved shall be screened by landscaping from public
view with shrubs or trees and be properly sodded and seeded. All earthen
areas shall be protected from erosion.
(2)
Landscaped yard areas may include the use of flagpoles, screens,
terraces, fountains, pools and other water arrangements, and various
types of trees and shrubs. All trees, plants and shrubs shall be native
varieties that are adaptable to the local soil and climate condition
and which blend with existing natural growth and shall be compatible
with adjacent landscaped areas, in the opinion of a qualified landscape
architect or horticulturist.
(a)
One large growing tree (maple, oak, honeylocust, etc.) shall
be placed or planted for each 50 feet of property abutting a public
right-of-way. Trees shall be in place or planted 10 feet outside of
the right-of-way (depending on the location of utility easements).
(b)
One small flowering tree (dogwood, crabapple, hawthorn, etc.)
or tall deciduous tree (maple, oak, honey locust, etc.) shall be in
place or planted for each 100 feet of building perimeter. These trees
shall be located in the landscaped areas of the site.
(c)
One small flowering or tall deciduous tree shall be in place
or planted for each 12 parking spaces. These trees shall be planted
adjacent to the parking areas.
(d)
The use of shrubs, additional trees, (evergreen, deciduous and
small flowering) annuals, perennials, spring flowering bulbs, and
ground covers shall be at the owner's option.
(f)
The owner is encouraged to keep as many of the existing trees
on the site as possible.
(g)
The owner may elect to treat portions of the site as natural
landscaping by encouraging the preservation or growth of native plants.
Non-native or invasive plants that can become a nuisance (Japanese
honeysuckle, multiflora rose, autumn olive, etc.) shall not be planted
or maintained on the site.
(3)
All landscaped areas shall be perpetually maintained in good
condition at all times.
(4)
Landscaping devices shall not obscure the site distances in
a manner that may create a traffic hazard. No trees shall be placed
within 10 feet of any street right-of-way.
I.
Utility standards.
(1)
Electrical and telephone service may be brought into the park
overhead but shall be brought underground into the individual sites
and to the buildings from the nearest available source with the exception
of rail-served buildings where overhead service may be permitted.
The purchaser or lessee will be responsible for the cost of such underground
service. Pad-mounted electrical transformers and line splitters shall
be located and screened so as to prevent viewing from any public street
or adjacent property.
(2)
The Industrial Park District shall be provided with an adequate
water supply for both industrial and fire protection use by service
from the Fairview Township Water Authority. The water supply and system
shall be constructed and comply with the specifications and requirements
of the supplier.
(3)
The Industrial Park District shall be provided with adequate
sanitary sewage collection and treatment facilities, if applicable,
in accordance with the requirements of the Pennsylvania Department
of Environmental Protection and the Erie County Department of Health.
All sanitary sewer connections shall meet the requirements of the
Fairview Township Sewer Authority.
J.
Fire protection standards.
(1)
Direct and unobstructed access to the perimeter of all buildings
shall be provided for emergency vehicles as follows: for buildings
under 50,000 square feet: 50% of the perimeter; buildings over 50,000
square feet but less than 100,000 square feet: 75% of the perimeter;
and buildings larger than 100,000 square feet: 100% of the perimeter.
(2)
Any street or driveway shall be considered an access point if
located not more than 50 feet from the building served.
(3)
All means of access must be designated to sustain the weight
of emergency vehicles and shall not be less than 18 feet in width.
(4)
A fire hydrant shall be constructed on any lot in an Industrial
Park District and shall be connected to a fire hydrant with a public
water system where a public water main is available at a lot boundary
or within 1,000 feet of the lot boundary.
K.
Visual buffers:
(1)
Where Industrial Park-zoned properties abut residential districts
along publicly dedicated roads, an earthen visual buffer shall be
constructed. The visual buffer shall be no less than eight feet in
height and shall have no greater than a two-to-one slope on its sides
and ends and be no less than six feet wide at its top. It shall be
suitably landscaped using crown vetch or other ground cover approved
by the Erie County Conservation District to prevent erosion on the
slopes.
(2)
A twenty-five-foot buffer strip shall be established where the
Industrial Park District abuts residential districts. The visual buffer
shall be planted with a mixture of hemlock and red maple trees one
inch in diameter interspersed with red osier dogwood shrubs. All tree
plantings shall be no closer than 12 feet to the property boundary.
Hardwoods and softwoods shall be mixed to provide a pleasing appearance.
Developer shall maintain buffer strip for two full growing seasons
to allow the buffer plantings to develop their growth potential.
(3)
Visual buffers shall be maintained and kept in good repair at
all times.
A.
Permitted uses:
(1)
Wholesale, warehousing and storage.
(2)
Building materials supply, contractor equipment storage.
(3)
Distributing plant, beverage, bottling or distribution.
(4)
Laboratories devoted to research design, experimentation processing
and fabrication.
(5)
Printing, publishing and allied processes.
(7)
Highway freight, transportation and warehousing.
(8)
Food and kindred products, package, storage and distribution.
(9)
Cleaning and dyeing works.
(10)
All assembly, manufacturing, compounding, processing, packaging
or treatment facilities within all federal, state and county requirements.
(11)
Storage of material may be permitted, provided the following
conditions are met:
(a)
The storage is limited to 50 feet from front property lines
and 15 feet from side and rear yard property lines.
(b)
The storage area is completely enclosed by a sight-obscuring
screen. This screen shall be a masonry wall, wooden fence, chain-link
fence with filler strips or compact evergreen hedge or vines, at least
eight feet in height and kept in repair at all times.
(c)
The height of the material stored shall not be greater than
the height of the screen.
(12)
Junkyards are permitted, provided the following conditions are
met:
(a)
Site is completely enclosed by a sight-obscuring screen. This
screen shall be a masonry wall, wooden fence, chain-link fence with
filler strips or compact evergreen hedge or vines at least eight feet
in height and kept in repair at all times.
(b)
The site contains one entrance and one exit less than 30 feet
in width.
(c)
Storage is limited to nonorganic material.
(d)
The site is located a minimum of 200 feet from any adjoining
district.
(e)
The site is located a minimum of 100 feet from any street line.
(f)
Off-street parking is provided within the site enclosure.
(g)
On-site burning or incineration of vehicles is prohibited unless
said burning is carried out in a completely enclosed incinerator as
approved by the Township Fire Department and/or Department of Environmental
Protection.
(h)
The height of the material stored shall not be greater than
the height of the screen.
(13)
Landfill/transfer station and concrete mixing, asphalt processing
facilities and mineral extraction including coal, limestone, sand,
gravel, salt and other open-pit subsurface activities, concrete crushing,
rock crushing facilities may be permitted as a special exception by
the Zoning Hearing Board and shall meet the following requirements:
(a)
These uses shall be limited to land parcels greater than five
acres in size.
(b)
There shall be a minimum fifty-foot front, side and rear lot
line setback for open-pit mineral extraction up to 20 feet deep. The
setback requirement shall be increased two feet for each additional
foot of depth in excess of 20 feet.
(c)
The excavation area shall be back filled and revegetated in
such a manner as to permit future reuse of the land.
(d)
The mineral extraction process including cuts, slopes and embankments
shall be in accordance with appropriate state open-pit mineral extraction
safety requirements of the Pennsylvania Department of Environmental
Protection.
(e)
The certification by the processing and/or extracting industry
that the operations will be conducted in conformance with appropriate
state requirements.
(f)
Landfill, transfer station and recycling separation requirements
are also as follows:
[1]
A buffer zone of 200 feet from all public rights-of-way
and residential districts.
[2]
A sight-obscuring screen that shall be a masonry
wall, wooden fence, chain-link fence with filler strips or compact
evergreen hedge or vines at least eight feet in height and kept in
repair at all times shall parallel all public rights-of-way and adjacent
properties for purposes of preventing the passing of windblown litter
and preventing direct visibility of the working area from public rights-of-way
and adjoining properties.
[3]
The access shall consist of no more than two access
routes, unless the landfill property borders three or more street
rights-of-way.
[4]
A bond shall be filed with the Fairview Township
Board of Supervisors (amount to be determined by Fairview Township
Engineer) to provide for final covering and reclamation as specified
under the provisions set in accordance with the approval of the Pennsylvania
Department of Environmental Protection permit for landfill, transfer
station or recycling separation.
[5]
Copy of approval and permit by the Pennsylvania
Department of Protection, Bureau of Land Recycling and Waste Management
and in conformance with the Pennsylvania Solid Waste Management Act[1] shall be filed with the Fairview Township Board of Supervisors
before a zoning permit may be issued.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(14)
Outdoor billboard advertising:
(a)
Minimum of 750 feet between structures.
(b)
Minimum building line of 50 feet.
(c)
Maximum area of 300 square feet (12 feet by 25 feet) per advertisement
facing.
(d)
Maximum of two advertisement facings per location.
(e)
Minimum of one off-street parking space.
(g)
The use of billboards with moving devices, intermittent lighting
or billboards similar to traffic control devices are prohibited.
(h)
All billboards must be constructed of durable materials, kept
in repair and not allowed to become dilapidated. Each billboard shall
be removed when the circumstances leading to its erection no longer
apply.
C.
Lot and area requirements:
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 135 feet.
(6)
Maximum building height: 50 feet with the following exceptions:
(a)
Wind turbines to serve only the premises upon which they are
located, chimneys, water tanks, communication towers and antennas,
ventilators and other similar structures, whether or not accessory
to building or appurtenant thereto may be erected to a height exceeding
50 feet, provided they are in compliance with the applicable federal
regulations relative to objects affecting navigable air space.
(b)
Any such structures whose height at any point will exceed 100
feet shall only be permitted as a special exception by the Zoning
Hearing Board with the following restrictions:
[1]
The structures must be in operation and not vacated for more
than six months.
[2]
The applicant must supply Fairview Township with a bond or suitable
form of financial surety for the removal of such structure.
[3]
The minimum setback to all property boundaries shall be the
height of the structure, plus 30%.
(7)
Maximum building lot coverage: 50%.
(8)
Maximum lot depth to width ratio: 3:1.
(9)
Minimum lot depth: 250 feet.
(11)
No equipment above surface of ground shall be parked or stored
closer than 25 feet to any property line.
(12)
The width of any entrance driveway leading from the public street
to such use shall not exceed 130 feet at its intersection with the
curbline or edge of pavement, and grade level shall be maintained
for a distance of 100 feet into the lot.
(13)
No two driveways leading from a public street to such use shall
be within 50 feet of each other at their intersection with the curb
or street line.
(14)
Parking and vehicle access shall be so arranged such that there
will be no need for the motorist to back over a sidewalk or into a
street.
A.
Permitted uses:
(1)
Single-family detached dwellings.
(2)
Group residence facilities.
(3)
Parks; playgrounds and other publicly owned and/or operated
recreational uses, including those of a subdivision association.
(4)
Educational, religious and philanthropic uses may be permitted
as a special exception by the Zoning Hearing Board, provided the following
conditions are met:
(5)
Municipal or civic buildings, public libraries and museums,
and fire and police stations.
(6)
Cemeteries and mausoleums.
B.
Accessory uses:
(1)
Private garages, barns, sheds and parking areas.
(2)
Household pets.
(3)
No-impact home-based business.
(4)
Home gardens.
(7)
Horticulture with the sale of products. Only one roadside stand
selling the products produced on the premises or by the property owner
is permitted, provided the following conditions are met:
(8)
Horticulture with the sale of products may be permitted from
a permanent structure as a special exception by the Zoning Hearing
Board. Standards to be used by the Zoning Hearing Board shall include
the following:
(a)
Sales area inside the permanent structure shall be limited to
a maximum of 1,000 square feet.
(b)
No more than 50% of the total products sold may be produced
by another producer.
(c)
One parking space for every 100 square feet of sales area, with
a minimum of four off-street parking spaces outside of the road right-of-way.
(9)
Agricultural animals are permitted on a minimum lot area of
one acre and less than three acres, provided:
(a)
A maximum of seven per acre consisting of any combination of
the following: chickens (females only), turkey, ducks, pheasants or
quail and a maximum of two per acre consisting of any combination
of the following: female or male castrated goats, sheep, miniature
ponies or pot-bellied pigs.
(b)
The lot area used by such animals must be completely enclosed
by a fence or other method of enclosure (including, but not limited
to, chicken tractors), located a minimum of 10 feet from any property
line.
(c)
Owner/operator must follow Department of Environmental Protection
(DEP) authorized manure management practices.
(d)
Accessory buildings (hen houses, coops or barns) housing the
animals must be located a minimum of 25 feet from any property line
and located to the side or rear of the principal structure.
(e)
Slaughtering and butchering of poultry must be done in a sanitary
manner indoors and waste disposed of properly.
(f)
Deceased animals must be disposed of properly.
(g)
Properties adjacent to any R-1, R-2 or R-3 Zoning District must
have a fence or other method of enclosure (including, but not limited
to, chicken tractors), containing the animals located no less than
25 feet from any R-1, R-2 or R-3 Zoning District property lines, and
the structures housing the animals must be kept a minimum of 50 feet
from any R-1, R-2 or R-3 Zoning District property lines.
(10)
Agricultural animals are permitted on a minimum lot area of
three acres, provided the following conditions are met:
(a)
A maximum of seven per acre consisting of any combination of
the following: chickens (females only), turkey, ducks, pheasants or
quail and either a maximum of two per acre consisting of any combination
of the following: female or male castrated goats, sheep, miniature
ponies or pot-bellied pigs or a maximum of one per acre consisting
of any combination of the following: horse, pig, cattle, llama or
alpaca.
(b)
A maximum of 25% of the horses kept on the property may be boarded
(or owned by a nonresident of the property).
(c)
The lot area used by such animals must be completely enclosed
by a fence or other method of enclosure (including, but not limited
to, chicken tractors), located a minimum of 10 feet from any property
line.
(d)
Owner/operator must follow Department of Environmental Protection
(DEP) authorized manure management practices.
(e)
Accessory buildings (hen houses, coops or barns) housing the
animals must be located a minimum of 25 feet from any property line
and located to the side or rear of the principal structure.
(f)
Slaughtering and butchering of poultry must be done in a sanitary
manner indoors and waste disposed of properly.
(g)
Deceased animals must be disposed of properly.
(h)
Properties adjacent to any R-1, R-2 or R-3 Zoning District,
must have a fence or other method of enclosure (including, but not
limited to, chicken tractors), containing the animals located no less
than 25 feet from any R-1, R-2 or R-3 Zoning District property lines,
and the structures housing the animals must be kept a minimum of 50
feet from any R-1, R-2 or R-3 Zoning District property lines.
(11)
Male chickens may be permitted as a special exception by the
Zoning Hearing Board unless the parcel abuts any R-1, R-2 or R-3 Zoning
District. Standards to be used by the Zoning Hearing Board shall include
the following:
(a)
A maximum number of two male chickens.
(b)
The lot area used by such animals must be completely enclosed
by a fence or other method of enclosure (including, but not limited
to, chicken tractors), located a minimum of 10 feet from any property
line.
(c)
Owner/operator must follow Department of Environmental Protection
(DEP) authorized manure management practices.
(d)
Accessory buildings (hen houses, coops or barns) housing the
animals must be located a minimum of 25 feet from any property line
and located to the side or rear of the principal structure.
(e)
Slaughtering and butchering of poultry must be done in a sanitary
manner indoors and waste disposed of properly.
(f)
Deceased animals must be disposed of properly.
(14)
Bed-and-breakfast inn shall be permitted as a special exception
by the Zoning Hearing Board with the following restrictions:
(a)
The minimum lot size shall be two acres.
(b)
The principal structure must maintain a minimum of 100-foot
setback to the nearest parcel boundary.
(d)
The inn must meet all the requirements of the Pennsylvania Construction
Code.
(e)
Minimum one parking space per guest room, plus two spaces for
the single-family dwelling and one space for each employee.
(f)
Permanent signs shall not exceed 12 square feet in area and must comply with § 395-824A(1) through (11).
(g)
The parcel must have safe and adequate vehicular entrance and
exit.
(h)
Owner/operator must obtain an annual occupancy permit.
(i)
A breakfast meal only shall be provided to inn guests and residents.
(16)
Other accessory uses customarily incidental to a permitted principal
use.
C.
A.
Permitted uses:
(1)
Single-family detached dwellings.
(2)
Agricultural operations.
(3)
Agricultural operations with a single-family dwelling in which
the residence supports the agricultural operation.
(4)
Parks, playgrounds and other publicly owned and/or operated
recreational uses, including those of a subdivision association.
(5)
Educational, religious and philanthropic uses as a special exception
by the Zoning Hearing Board, provided the following conditions are
met:
(6)
Municipal or civic buildings, public libraries and museums,
and fire and police stations.
(7)
Cemeteries and mausoleums.
(8)
Private clubs, lodges and recreational buildings and/or facilities.
(9)
Mobile homes are permitted outside a mobile home park, provided
the following conditions are met:
(a)
The mobile home shall be placed on a lot in compliance with
all requirements of a single-family detached dwelling in the A-2 Agrarian
District.
(b)
The entire mobile home shall be anchored for safety reasons
to a permanent foundation as defined in this chapter.
(c)
The entire mobile home shall be skirted for safety reasons by
fire resistant skirting as delineated in the Pennsylvania Construction
Code Act and regulations promulgated thereunder.
(10)
Zoos, riding academies, stables, and kennels within federal,
state and county requirements.
(11)
Private airstrips and airports.
(14)
Group residence facilities.
B.
Accessory uses:
(1)
Private garages, barns, sheds and parking areas.
(2)
Household pets.
(3)
No-impact home-based business.
(4)
Home gardens.
(7)
Sale of agricultural products, produced on the premises or by
the property owner, is permitted from a temporary roadside stand,
provided the following conditions are met:
(8)
Sale of agricultural products, produced on the premises or by
the property owner, is permitted from a permanent roadside stand,
provided the following conditions are met:
(a)
Sales area inside the permanent structure shall be limited to
a maximum of 1,000 square feet.
(b)
No more than 50% of the total products sold may be produced
by another producer.
(c)
One parking space for every 100 square feet of sales area, with
a minimum of four off-street parking spaces outside of the road right-of-way.
(9)
Agricultural animals are permitted on lots with an area of less
than three acres, provided the following conditions are met:
(a)
A maximum of seven per acre consisting of any combination of
the following: chickens (females only), turkey, ducks, pheasants or
quail and either a maximum of two per acre consisting of any combination
of the following: female or male castrated goats, sheep, miniature
ponies or pot-bellied pigs or a maximum of one per acre consisting
of any combination of the following: horse, pig, cattle, llama or
alpaca.
(b)
A maximum of 25% of the horses kept on the property may be boarded
(or owned by a nonresident of the property).
(c)
The lot area used by such animals must be completely enclosed
by a fence or other method of enclosure (including, but not limited
to, chicken tractors), located a minimum of 10 feet from any property
line.
(d)
Owner/operator must follow Department of Environmental Protection
(DEP) authorized manure management practices.
(e)
Accessory buildings (hen houses, coops or barns) housing the
animals must be located a minimum of 25 feet from any property line
and located to the side or rear of the principal structure.
(f)
Slaughtering and butchering of poultry must be done in a sanitary
manner indoors and waste disposed of properly.
(g)
Deceased animals must be disposed of properly.
(10)
Agricultural related structures such as greenhouses, coops,
barns, agricultural wind turbines, silos, corncribs, smokehouses,
temporary sawmills, and temporary housing for agricultural workers.
(12)
Bed-and-breakfast inn shall be permitted with the following
restrictions:
(a)
The minimum lot size shall be two acres.
(c)
The inn must meet all the requirements of the Pennsylvania Construction
Code.
(d)
Minimum one parking space per guest room, plus two spaces for
the single-family dwelling and one space for each employee.
(e)
Permanent signs shall not exceed 12 square feet in area and must comply with § 395-824A(1) through (11).
(f)
The parcel must have safe and adequate entrance and exit.
(g)
Owner/operator must obtain an annual occupancy permit.
(h)
A breakfast meal only shall be provided to inn guests and residents.
(13)
Agritourism may be permitted as a special exception by the Zoning
Hearing Board with the following restrictions:
(14)
Recreational uses related to the agricultural principal use
such as haunted houses, hayrides, corn mazes and seasonal agricultural
uses are permitted.
(16)
Other accessory uses customarily incidental to a permitted principal
use.
C.
Lot and area requirements:
Permitted uses and accessory uses, lot, area and setback requirements
shall comply with the adjacent zoned district closest to the parcel.
A.
Purpose. The purpose of these provisions is to prevent the loss of
property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public and private funds for flood
and coastal erosion protection and relief, the impairment of the tax
base and provide for the reservation and preservation of recreation
lands by following these practices:
(1)
Regulating uses, activities and development which, acting alone
or in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and frequencies, and coastal erosion problems;
(2)
Prohibiting any use, activity and/or development that adversely
affects the capacity of the channels or floodways of any watercourse,
drainage ditch, or any other drainage facility or system;
(3)
Requiring that all those uses, activities and developments that
do occur in flood-prone and erosion-prone areas are to be protected
and/or floodproofed against flooding and erosion damages;
(4)
Protecting individuals from buying lands and structures which
are unsuited for their intended purposes because of flood and erosion
hazards and/or reserved for recreation purposes.
B.
Warning and disclaimer of liability. The degree of protection sought
by the provisions of this chapter is considered reasonable for regulatory
purposes and is based on acceptable engineering methods of study and
delineation. Larger floods or greater amounts of erosion may occur.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside the floodplain and coastal hazard
areas, or that land uses permitted within such districts will be free
from flooding or erosion damages. Attention is directed to the Floodplain
Ordinance of Fairview Township, Ordinance 2014-1, and any amendments
and reenactments.[1]
C.
District provisions.
(1)
Coastal and Bluff Recession Hazard Area:
(a)
In the Coastal and Bluff Recession Hazard Area, the following
uses and activities may be permitted, provided: they are not prohibited
by any other ordinance; they do not require structures, fill or storage
of materials and equipment (except stream or lake bank stabilization
devices); they comply with the adjacent zoning district and they comply
with the Pennsylvania Coastal Zone Management Act, as amended.
[1]
Parks, playgrounds and other publicly owned and/or operated,
and subdivision association owned and/or operated, recreational uses.
[2]
Educational, religious and philanthropic uses.
[3]
Private clubs, lodges and recreational uses.
[4]
Agricultural and related activities.
[5]
Accessory uses in all zoning districts.
[6]
Installation of stream or lake bank stabilization devices upon
approval by the Township Engineer.
(b)
The following uses and activities may be permitted as a special
exception by the Zoning Hearing Board, provided that they are not
prohibited by any other ordinance and they comply with the adjacent
zoning district:
[1]
Water-related uses and activities such as marinas, docks, wharves,
piers, etc., in the coastal area, but not in Coastal Bluff Recession
Hazard Area.
[2]
Structures or utility facilities are permitted only for: bluff
recession control devices designed to reduce bluff recession, water
withdrawals or discharge lines, power cables, natural gas or oil pipelines,
communication cables or other public service lines which require access
through the Coastal Bluff Recession Hazard Areas to Lake Erie.
[3]
To achieve adequate protection of the bluff, any construction
activities shall occur in a manner that minimizes potential short-
and long-term disruption of the Coastal Bluff Recession Hazard Area.
The activity shall be in conformity with the Erosion and Sedimentation
Control Provisions of the Erie County Conservation District, PADEP
Rules and Regulations, 25 Pa. Code, Chapter 102, and shall comply
with the requirements contained in the Fairview Township Stormwater
Management Ordinance.[2]
[4]
To help ensure that all construction activities do not cause
increased sediment and turbidity levels on Lake Erie and its tributaries,
all activities shall comply with the erosion and sedimentation control
provisions of the Erie County Conservation District, and PADEP Rules
and Regulations, 25 Pa. Code, Chapter 102.
[5]
The area of the construction site shall be reestablished to
ensure that subsequent erosion will not damage the structure or harm
the environment or adjacent properties.
(c)
A special exception may be granted for a substantial improvement
of a structure on a parcel (for purposes of this subsection, these
terms being defined at 32 P.S. § 5203) so long as the structure
was established prior to September 27, 1980, and where the parcel
does not have adequate depth considering the minimum bluff setback
requirements to provide for any reasonable use of the land. The variance
shall be authorized when the following standards and criteria are
met:
[1]
The structure and all associated structures and utility facilities
shall be located on the property as far landward of the bluff line
as allowed by other municipal ordinances.
[2]
The improvement must be attached to the existing structure in
a manner so that it is as far landward of the bluff setback line as
possible.
[3]
The improvement must be a structure designed and constructed
to be movable. Second-floor additions are considered as an exception
to requirements for movable construction.
[4]
All roof drains and ground water drains associated with subject
property shall be directed to the bottom of the Lake Erie bluff.
[5]
Property owner must submit a plan for maintaining the Lake Erie
bluff. (This plan should follow recommended maintenance by the Coastal
Resources Program.)
(d)
Alteration or addition to existing structures in this area may
also be permitted, provided:
[1]
The value of the improvement to a structure shall not exceed
50% of the market value of the structure prior to the improvement.
[a]
Value shall be established by filing an appraisal
performed by a licensed real estate appraiser familiar with Erie County
and Fairview Township values at the time of application. Said appraisal
shall limit future improvements to the structure for a five-year period
at such time a new appraisal and application may be filed.
(e)
Improvements to a structure to comply with existing minimum
state or local health, sanitary, or safety specifications which are
solely necessary to assure safe living conditions shall be exempt
from the 50% improvement maximum established above.
