Article III Base Zones

See Table 3-1.3 for the area and bulk requirements for principal uses and development activities within the Agricultural (A) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-1.4 for the area and bulk requirements for accessory uses and development activities within the Agricultural (A) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-1.5 for the area and bulk requirements for principal uses and development activities within the Rural (R) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-1.6 for the area and bulk requirements for accessory uses and development activities within the Rural (R) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

Editor's Note: Tables 3-1.3 through 3-1.6, as referenced below, are included as attachments to this chapter.

Additional layout, design, and other standards.

Agricultural (A) Zone. The following regulations apply to the (A) Zone:

Number of permitted lots or principal nonagricultural uses and structures.

In order to preserve agricultural properties, it is the express intent of the (A) Zone regulations that the subdivision of lots, or the development of nonagricultural uses and structures, shall be limited. In addition, it is the express intent of these provisions that the maximum size of lots created for any use other than for agricultural purposes be limited in order to provide for the retention of tracts of sufficient size to be used for agricultural purposes. Landowners and prospective developers are "put on notice" that they must diligently seek out locations for such nonagricultural development that are not characterized by productive agricultural soils and will not disrupt agricultural operations. These areas must be developed on a priority basis before other agricultural areas will be considered for subdivision and/or land development.

For each parent tract of contiguous land in single and separate ownership existing as of January 25, 1994, or on the date when such land was first included in the (A) Zone after January 25, 1994, there may be one lot subdivided or the erection of one single-family detached dwelling or other permitted principal nonagricultural building, or establishment of a permitted principal nonagricultural use, in accordance with Table 3-1.7 in this subsection below:

Table 3-1.7 Number of Permitted Lots or Principal Nonagricultural Uses
Parent Tract Lot Area		Total Number of Lots Permitted to be Subdivided or Principal Nonagricultural Uses Permitted to be Established¹
At Least	But Less Than
2 acres	50 acres	1
50 acres	100 acres	2
100 acres	150 acres	3
150 acres	200 acres	4
200 acres	250 acres	5
250 acres	300 acres	6
300 acres	350 acres	7
350 acres or more		8, plus 1 for every 50 acres over 350 acres

NOTES:
1	For undeveloped parcels not containing a principal dwelling or principal nonagricultural building or use on January 25, 1994, or on the date when such land was first included in the (A) Zone after January 25, 1994, there may be an additional permitted principal nonagricultural structure or use constructed or established on the parent tract in addition to those numbers permitted in Table 3-1.7.

If a parent tract is to be subdivided to create a new lot or developed for an additional nonagricultural use:

The remainder of the parent tract must contain a minimum lot area of 20 acres, and the new lot must conform with the principal use area and bulk requirements set forth in Table 3-1.3 in the subsection above (§ 350-301C).

If the parent tract existed on January 25, 1994, or on the date when such land was first included in the (A) Zone after January 25, 1994 and contained a lot area of less than 20 acres, then the lot area of the parent tract may be reduced in size without requiring a variance, but the remainder of the parent tract and new lot must otherwise conform with the principal use area and bulk requirements set forth in Table 3-1.3 in the subsection above (§ 350-301C).

For a farm core, the remainder of the parent tract and the new lot to be created for the new farm core each must contain a minimum of 20 acres and must conform with the principal use area and bulk requirements set forth in Table 3-1.3(§ 350-301C).

In no case shall a parent tract with a conforming lot area be subdivided or developed to create a new conforming lot area on either the remainder of the parent tract or the new lot.

Exemptions. Table 3-1.7 {§ 350-301D(1)(a)[2]} shall not apply in the following circumstances:

Table 3-1.7 {§ 350-301D(1)(a)[2]} shall not apply to permitted accessory dwellings and two-family conversions, unless new lots are created for such accessory dwellings or two-family conversions.

A farm core subdivision (lot add-on that merely transfers actively farmed agricultural land from one farm core to another farm core, but in which no new lots are created) shall not be counted against the permitted number of lots permitted to be created in Table 3-1.7 set forth in the subsection above {§ 350-301D(1)(a)[2]}; however, such transfer shall not cause either farm core to contain less than 20 acres.

A subdivision to create a lot which will be transferred to the Township of Rapho, its municipal authorities, and/or authorized agent or entity with the power of eminent domain, shall not be counted against the number of lots permitted to be created in Table 3-1.7 set forth in the subsection above {§ 350-301D(1)(a)[2]}.

Regardless of size, no tract of land permitted to be subdivided from its parent tract as one of the total number of lots permitted to be subdivided shall qualify for additional lots or subdivision and no additional nonagricultural use or structure permitted to be established pursuant to the subsection above relating to number of permitted lots or principal nonagricultural uses and structures [§ 350-301D(1)(a)] may be developed into an additional principal nonagricultural use or structure. Similarly, any subsequent owner of any portion of the parent tract legally existing on January 25, 1994, or on the date when such land was first included in the (A) Zone after January 25, 1994, shall be bound by the actions of previous owners in that such current owner may only subdivide the permitted number of lots, or establish the permitted number of nonagricultural uses and structures, if any, remaining from the original number permitted by the subsection above relating to number of permitted lots or principal nonagricultural uses and structures [§ 350-301D(1)(a)]. Any subdivision and/or land development plan hereafter filed for a tract of land in the (A) Zone shall specify which lot or lots shall carry with them the right to use any unused quota of lots permitted to be subdivided, or the number or amount of development of nonagricultural uses and structures permitted to be established or constructed, as determined by the provisions of this section.

All lots shall comply with the applicable layout and design standards and requirements of the SLDO.

For each lot created in the (A) Zone after January 25, 1994, or on the date when such land was first included in the (A) Zone after January 25, 1994, the owner shall be required to include the language contained within the subsection below relating to agricultural nuisance disclaimer [§ 350-301D(1)(c)] as a declaration to the recorded deed.

(b)

Locational criteria. All applications for subdivision and/or land development shall be accompanied by a scaled drawing showing all of the potential lots and development permitted, in addition to the following information. The following information is required to allow the Township of Rapho to ensure that the highest quality agricultural land is protected, and to ensure that the new subdivision and/or development impacts agricultural operations to the minimum extent feasible.

The size, shape, contour and dimensions of the property; and the size, use, and location of all existing structures and uses.

All previously approved lots and development.

Land under active cultivation, land used as pasture, and forested land or land within woodlots.

Soil information for the property, including soil series and soil capability class, subclass, and unit, as classified within the Soil Survey.

The size, shape, contour, dimension, location, and use of all proposed lots, uses and structures, and on-lot sewage disposal lots. The applicant shall demonstrate that the following location and design considerations have been fully addressed:

All uses and lots shall be established on non-prime agricultural land (Soil Capability Classes IV-VIII), when such land is available, or on lands which cannot feasibly be used for agricultural operations, due to existing features of the site such as rock outcroppings or heavily wooded areas, or due to the fact that the size and/or shape of an area suitable for agricultural operation is insufficient to permit the efficient use of agricultural machinery.

Where a property is comprised entirely of prime agricultural land (Soil Capability Classes I, II, and III), the least suitable land shall be subdivided and/or utilized for the development.

Where all non-prime agricultural land areas have been shown by the applicant to be unsuitable for development because of slope, drainage, flooding, sewage disposal, or other characteristics, the least suitable remaining agricultural land shall be utilized for development.

Lots and uses shall be grouped, where possible, adjacent to other similar lots and uses, both within the subject property and in consideration of adjacent properties, to avoid a scattering of development.

To the extent feasible, lots shall be located such that disturbance to existing hedgerows, orchards, and other significant native vegetation is minimized.

Lots shall be located to minimize the length of lot lines shared by all adjoining residential lots and agricultural land.

Lots shall be located to ensure adequate vehicular access to future lots and/or development not currently proposed.

(c)

Agricultural nuisance disclaimer. All lands within the (A) Zone are located within an area where land is used for commercial agricultural production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, "The Right to Farm Law,"[2] and the Agriculture Communities and Rural Environment (ACRE), PA Act 38 of 2005,[3] may bar them from obtaining a legal judgment against such normal agricultural operations. From the January 25, 1994, or on the date when such land was first included in the (A) Zone after January 25, 1994, all subsequent subdivision plans submitted within the (A) Zone shall require a note which duplicates this section and which must be transferred to the purchaser by the seller.

Editor's Note: See 3 P.S. § 951 et seq.

Editor's Note: See 3 Pa.C.S.A. § 311 et seq.

§ 350-302 Residential zones.

Designation and purpose statements. See Table 3-2.1 in this subsection below for the designations and purpose statements of the applicable residential zones which are shown on the Official Zoning Map listed in Article I of this chapter relating to establishment of zones and Official Zoning Map (§ 350-108):

Table 3-2.1 Designation and Purpose Statements - Residential Zones
Residential Zone Names and Official Zoning Map Text Symbols	Residential Zone Purpose Statements
Residential (R-1) Zone	The primary purpose of the (R-1) Zone is to accommodate suburban detached residential growth within the Township. The (R-1) Zone coincides with potential sewer and water utility service areas; however, the actual availability of these services is likely to occur at different times, in different areas. As a result, permitted densities have been adjusted according to the availability of these public utilities. When no public sewer service is provided, minimum lot area requirements have been sized to provide for an initial and an alternate on-site sewage disposal system. Last, multiple-family and nonresidential uses have been specifically excluded to protect the single-family detached residential character of these neighborhoods.
Mixed Residential (R-2) Zone	The primary purpose of the (R-2) Zone is to provide for a mixture of dwelling unit types at a consistent density. Permitted uses will have a maximum density of six dwelling units per acre; however, the Village Overlay Zone (VO) offers an optional set of flexible design standards that seek to recreate traditional-style villages, along with substantial density bonuses. The (R-2) Zone is located within planned utility service areas, and intensive developments are tied to the use of such utilities. All dwellings proposed without the use of public sewer service will be required to be situated to one side of a wider lot, so that potential future infill development on said lots can be protected for when public sewer service becomes available. Other social and civic uses have also been provided to better serve nearby residents.
Manufactured/Mobile Home Park Residential (MHP) Zone	This primary purpose of the (MHP) Zone is to acknowledge the numerous manufactured/mobile home park sites within Rapho Township, and protect their continued existence. Should landowners wish to eliminates manufactured/mobile home parks on a particular site, various other uses would be permitted. The (MHP) Zone located outside of the UGAs, is only depicted to acknowledge an existing manufactured/mobile home park; the (MHP) Zone should not be extended or enlarged unless they are located within a UGA.

Permitted uses. See Table 3-2.2 in this subsection below for the types of uses permitted in the applicable residential zones as set forth by this chapter. Uses are divided into those permitted by right listed as "P" (zoning decision by Township Zoning Officer); permitted by special exception listed as "SE" (zoning decision by the Township Zoning Hearing Board), and permitted by conditional use listed as "CU" (zoning decision by the Township Board of Supervisors). Many of the uses permitted by the above three categories must comply with certain criteria, which are found in Article V, Article VI, or elsewhere of this chapter. The specific section numbers of Article V, Article VI, or elsewhere of this chapter where the criteria are located are noted in the table. Uses not listed in the table below or identified by "NP" shall specifically not be permitted in the applicable residential zones:

[Amended 8-3-2023 by Ord. No. 2023-6]

Table 3-2.2 Permitted Uses - Residential Zones
Use	Residential Zones			See Articles V, VI, or elsewhere of this chapter for additional specific use regulations.
Use	(R-1) Zone	(R-2) Zone	(MPH) Zone
Residential Uses
Conversion, multiple-family	NP	CU	NP	§ 350-602
Conversion, two-family	NP	P	NP	§ 350-602
Manufactured/mobile home park	NP	NP	P¹/SE²	§ 350-602
Multiple-family dwelling	NP	CU	NP	§ 350-602
Short-term rental	NP	NP	NP
Single-family attached dwelling	NP	P	NP	§ 350-602
Single-family detached dwelling	P	P	P³	N/A
Single-family semidetached dwelling	NP	P	NP	N/A
Two-family detached dwelling	NP	P	NP	N/A
Nonresidential Uses
Agricultural/Forestry Uses
Agricultural operation	P	P	P	§ 350-603
Crops/gardening (other than an agricultural operation)	P	P	P	N/A
Forestry (commercial timber operations)	P	P	P	§ 350-510
Commercial Uses
Boarding house	NP	SE	NP	§ 350-604
Institutional/Civic Uses
Cemetery	P	P	P	§ 350-606
Conservation area	P	P	P	N/A
Day care, commercial	NP	SE	NP	§ 350-606
Medical residential campus	NP	CU	NP	§ 350-606
Municipal use	P	P	P	N/A
Nursing, rest, and retirement facility	NP	SE	NP	§ 350-606
Park/playground	P	P	P	N/A
Place of religious worship	SE	SE	SE	§ 350-606
School, K-12	SE	SE	SE	§ 350-606
Specific Accessory Uses
Accessory uses and structures customarily incidental and subordinate to the principal uses permitted in the applicable zone	P	P	P
Accessory family member dwelling	P	P	P	§ 350-608
Agricultural product marketing/sales	P	P	P	§ 350-608
Day care, family	SE	SE	NP	§ 350-608
Home occupation	SE	SE	SE	§ 350-608
Home occupation, no-impact	P	P	P	§ 350-608
Roadside stand	P	P	P	§ 350-608
Telecommunications antenna	P	P	P	§ 350-530
Miscellaneous Uses
Communications antennas, structures, and equipment in street rights-of-way (co-location)	P	P	P	§§ 350-530 and 350-607

NOTES:
N/A	Not applicable
P	Permitted by right (zoning decision by Township Zoning Officer)
SE	Special exception use (zoning decision by the Township Zoning Hearing Board)
CU	Conditional use (zoning decision by the Township Board of Supervisors)
NP	Not permitted
1	Existing as of January 25, 1994
2	Established after January 25, 1994

Area and bulk requirements.[1]

See Table 3-2.3 for the area and bulk requirements for principal uses and development activities within the Residential (R-1) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-2.4 for the area and bulk requirements for accessory uses and development activities within the Residential (R-1) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-2.5 for the area and bulk requirements for principal uses and development activities within the Mixed Residential (R-2) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-2.6 for the area and bulk requirements for accessory uses and development activities within the Mixed Residential (R-2) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

(5)

See Table 3-2.7 for the area and bulk requirements for principal uses and development activities within the Manufactured/Mobile Home Park (MHP) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

(6)

See Table 3-2.8 for the area and bulk requirements for accessory uses and development activities within the Manufactured/Mobile Home Park (MHP) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

Editor's Note: Tables 3-2.3 through 3-2.8 referenced in this subsection below are included as attachments to this chapter.

§ 350-303 Mixed-use zones.

Designation and purpose statements. See Table 3-3.1 in this subsection below for the designations and purpose statements of the applicable Mixed-Use Zones which are shown on the Official Zoning Map listed in Article I of this chapter relating to establishment of zones and Official Zoning Map (§ 350-108):

Table 3-3.1 Designation and Purpose Statements - Mixed-Use Zones
Mixed-Use Zone Names and Official Zoning Map and Text Symbols	Mixed-Use Zone Purpose Statements
Crossroads Community (CC) Zone	The primary purpose of the (CC) Zone is to promote the continuation of the Township's compact, rural mixed-use centers, traditionally located at the intersection of two or more roads. Areas within the (CC) Zone have traditionally been, and are proposed to continue serving as, the central gathering places possessing a compatible mixture of low-density residential uses along with a limited amount of supporting small-scale commercial, institutional, or public uses. The (CC) Zone is intended to accommodate a limited amount of new development, but is primarily intended to accommodate a limited amount of infill, reuse, and replacement type development, both which are compatible with the traditional rural character of these areas. Although these areas are supported by rural infrastructure, they are not likely to be served by public sewer service or public water service within the foreseeable future; therefore, larger lot sizes are indicated.
Mixed-Use Commercial (MUC) Zone	The primary purpose of the (MUC) Zone is to provide for major commercial areas that generate employment, retail businesses, tourism and related dining/lodging, and entertainment uses. The selected location acknowledges prime access to major highways which will serve the commercial uses without generating undue traffic congestion on the Township's rural road system. Specific uses have been limited to avoid unneeded duplication of commercial businesses within nearby Boroughs of Mount Joy and Manheim. Design standards have been imposed to require attractive and functional integrated business centers, rather than freestanding strip development patterns. An overall plan of development approved as a conditional use is required, to ensure comprehensive and efficient use of commercially zoned land, available infrastructure and public services in a manner that promotes a strong sense of community rather than random development; provides flexibility in design that includes an orderly, integrated, pedestrian-friendly zoning district consisting of a variety of compatible and complementary uses. Dominant building and streetscape elements will encourage connectivity and collectively create a main street atmosphere that includes a varied, coordinated, high-quality design for buildings, signs, parking areas, and streetscape architectural theme.

Permitted uses. See Table 3-3.2 in this subsection below for the types of uses permitted in the applicable Mixed-Use Zones as set forth by this chapter. Uses are divided into those permitted by right listed as "P" (zoning decision by Township Zoning Officer); permitted by special exception listed as "SE" (zoning decision by the Township Zoning Hearing Board), and permitted by conditional use listed as "CU" (zoning decision by the Township Board of Supervisors). Many of the uses permitted by the above three categories must comply with certain criteria, which are found in Article V, Article VI, or elsewhere of this chapter. The specific section numbers of Article V, Article VI, or elsewhere of this chapter where the criteria are located are noted in the table. Uses not listed in the table below or identified by "NP" shall specifically not be permitted in the applicable Mixed Use Zones:

[Amended 8-3-2023 by Ord. No. 2023-6]

Table 3-3.2 Permitted Uses - Mixed-Use Zones
Use	Mixed Use Zones		See Articles V, VI, or elsewhere of this chapter for additional specific use regulations.
Use	(CC) Zone	(MUC) Zone
Residential Uses
Conversion, multiple-family	P	See the subsection below relating to elements of a mixed-use commercial development in Mixed-Use Commercial (MUC) Zone in additional layout, design, and other standards [§ 350-303D(2)(b)].	§ 350-602
Conversion, two-family	P		§ 350-602
Multiple-family dwelling	P		§ 350-602
Short-term rental	NP	NP
Single-family attached dwelling	P	See the subsection below relating to elements of a mixed-use commercial development in Mixed-Use Commercial (MUC) Zone in additional layout, design, and other standards [§ 350-303D(2)(b)].	§ 350-602
Single-family detached dwelling	P	N/A
Single-family semidetached dwelling	P	N/A
Two-family detached dwelling	P	N/A
Nonresidential Uses
Agricultural/forestry uses
Agricultural operation	P	See the subsection below relating to Elements of a Mixed-Use Commercial Development in Mixed Use Commercial (MUC) Zone in Additional Layout, Design, and Other Standards [§ 350-303D(2)(b)].	N/A
Crops/gardening (other than an agricultural operation)	P		N/A
Forestry (commercial timber operations)	P		§ 350-510
Commercial Uses
Office, professional and business	P	See the subsection below relating to Elements of a Mixed-Use Commercial Development in Mixed Use Commercial (MUC) Zone in Additional Layout, Design, and Other Standards [§ 350-303D(2)(b)].	N/A
Office, veterinary	P		N/A
Personal service	P		N/A
Restaurant	SE		§ 350-604
Retail business	SE		§ 350-604
Shops for contractors	P
Institutional/Civic Uses
Clubhouse or lodge, private	SE	See the subsection below relating to elements of a mixed-use commercial development in Mixed-Use Commercial (MUC) Zone in additional layout, design, and other standards [§ 350-303D(2)(b)].	§ 350-606
Conservation area	P		N/A
Day care, commercial	SE		§ 350-606
Government use other than municipal use	SE		§ 350-606
Library	P		N/A
Municipal use	P		N/A
Museum	P		N/A
Office, medical	P		N/A
Park/playground	P		N/A
Place of religious worship	SE		§ 350-606
Public utility	P		N/A
School, K-12	SE		§ 350-606
Miscellaneous Uses
Mixed-use commercial development	NP	P	See the subsection below relating to elements of a mixed-use commercial development in Mixed-Use Commercial (MUC) Zone in additional layout, design, and other standards [§ 350-303D(2)(b)].
Communications antennas, structures, and equipment in street rights-of-way (co-location)	P	P	§§ 350-530 and 607
Communications antennas, structures, and equipment in street rights-of-way	NP	CU	§ 350-607
Specific Accessory Uses
Accessory uses and structures customarily incidental and subordinate to the principal uses permitted in the applicable zone, other than specified elsewhere in this chapter, including but not limited to Article V and Article VI	P	See the subsection below relating to Elements of a Mixed-Use Commercial Development in Mixed Use Commercial (MUC) Zone in Additional Layout, Design, and Other Standards [§ 350-303D(2)(b)].	N/A
Accessory employee dwelling	P		§ 350-608
Accessory family member dwelling	P		§ 350-608
Agricultural product marketing/sales	P		§ 350-608
Bed-and-breakfast	SE		§ 350-608
Day care, family	P		§ 350-608
Drive-through facility for permitted use	SE		§ 350-608
Home occupation	P		§ 350-608
Home occupation, no-impact	P		§ 350-608
Keeping of livestock, noncommercial	P		§ 350-608
Outside cafe/dining	P		§ 350-608
Outside display	P		§ 350-608
Roadside stand	P		§ 350-608
Telecommunications antenna	P		§ 350-530
Specific Temporary Uses
Seasonal sidewalk display	P	See the subsection below relating to elements of a mixed-use commercial development in Mixed-Use Commercial (MUC) Zone in Additional Layout, Design, and Other Standards [§ 350-303D(2)(b)].	§ 350-609

NOTES:
N/A	Not applicable
P	Permitted by right (zoning decision by Township Zoning Officer)
SE	Special exception use (zoning decision by the Township Zoning Hearing Board)
CU	Conditional use (zoning decision by the Township Board of Supervisors)
NP	Not permitted

Area and bulk requirements.[1]

See Table 3-3.3 for the area and bulk requirements for principal uses and development activities within the Crossroads Community (CC) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI

See Table 3-3.4 for the area and bulk requirements for accessory uses and development activities within the Crossroads Community (CC) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-3.5 for the area and bulk requirements for principal uses and development activities within the Mixed-Use Commercial (MUC) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-3.6 for the area and bulk requirements for accessory uses and development activities within the Mixed-Use Commercial (MUC) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

Editor's Note: Tables 3-3.3 through 3-3.6, as referenced below, are included as attachments to this chapter.

Additional layout, design, and other standards.

Crossroads Community (CC) Zone. The following regulations apply to the (CC) Zone:

Reuse of an existing building on an existing lot existing as of January 25, 1994, for a permitted use.

In instances where a new permitted use is proposed to be located within an existing building on an existing lot existing as of January 25, 1994, and does not comply with the standards for principal uses established after January 25, 1994, the existing building and existing lot shall not be required to comply with the minimum lot area, minimum lot frontage, minimum lot width, or required minimum yard setback standards for principal uses established after January 25, 1994, as long as the existing conditions of the:

Lot are not further reduced in existing lot area, lot frontage, or lot width; and

Existing building is not expanded or extended so as to decrease the existing yard setbacks.

The existing lot and the existing building shall otherwise conform with the principal use area, density, and bulk requirements set forth in Table 3-3.3 in the subsection above [§ 350-303C(1)] and the standards set forth elsewhere in this chapter.

Mixed-Use Commercial (MUC) Zone. The following regulations apply to the (MUC) Zone:

Review process.

A mixed-use commercial development may contain any of those land uses contained in the subsection below relating to elements of a mixed-use commercial development [§ 350-303D(2)(b)].

The initial approval of the mixed-use commercial development shall require a conditional use review by the Township Board of Supervisors. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively, as an alternative to the specific identification of each use. However, in reviewing pad sites, the Township of Rapho will consider the maximum potential buildout and development scenario (maximum density and intensity) of building site envelope and potential uses when evaluating the conditional use application.

Any subsequent substitution of use within the mixed-use commercial development shall be permitted by right so long as the proposed use is permitted in the subsection below relating to elements of a mixed-use commercial development [§ 350-303D(2)(b)] and does not require amendment of the approved site plan beyond that allowed in the subsection below relating to revisions to approved development [§ 350-303D(2)(p)].

Future uses that require amendment of the approved site plan beyond that permitted in the subsection below relating to revisions to approved development [§ 350-303D(2)(p)] shall require conditional use approval set forth in the subsection below relating to application for conditional use [§ 350-303D(2)(o)].

(b)

Elements of a mixed-use commercial development. A mixed-use commercial development shall include one or more of the following:

Anchor use.

Anchor uses are limited to a single user (tenant) space under common ownership having a gross ground-level floor area of 75,000 square feet or greater, but less than 150,000 square feet.

The number of anchor uses is not limited but shall individually or in a combination with anchor use and large-scale anchor use not exceed 225,000 square feet of gross ground-level floor area.

Anchor use may have linear shops. Linear shops, commercial or retail stores having a gross ground-level floor area of less than 5,000 square feet per shop and located along at least one side of an anchor use, shall have external access and may have internal access to the anchor use. Linear shops shall not be included in the overall gross floor area of an anchor use.

Outside display area, except for sidewalk sales area, shall be enclosed by wall or fence. The material and color of the enclosure shall be consistent with the overall architecture of the building.

Outside storage areas located at the main entrances shall be enclosed by a wall that is consistent with the architecture of the primary building.

Large-scale anchor use.

Large-scale anchor uses are limited to a single user (tenant) space under common ownership having a gross ground-level floor area of 150,000 square feet or greater but less than 225,000 square feet.

The (MUC) Zone provides for no more than one large-scale anchor use.

Large-scale anchor use shall have linear shops. Linear shops, commercial or retail stores having a gross ground-level floor area of less than 5,000 square feet per shop and located along at least one side of a large-scale anchor use, shall have external access and may have internal access to the large-scale anchor use. Linear shops shall not be included in the overall gross floor area of a large-scale anchor use.

Outside display area, except for sidewalk sales area, shall be enclosed by wall or fence. The material and color of the enclosure shall be consistent with the overall architecture of the building.

Outside storage areas located at the main entrances shall be enclosed by a wall that is consistent with the architecture of the primary building.

Residential component. The (MUC) Zone encourages and permits a mix of nonresidential and residential uses located within the same building, provided the dwelling unit is located in a building where the lower floor(s) is devoted primarily to a nonresidential use; however, the first floor or lower floors, as the case may be, may provide for the dwelling unit's use as common areas such as building entrance, lobby, meeting room, business center, and recreation facility. No maximum residential density is prescribed for dwellings.

Other permitted uses. See Table 3-3.7 in this subsection below for the types of uses permitted in a mixed-use commercial development:

Table 3-3.7 Permitted Uses - Mixed-Use Commercial Development
Use	Mixed-Use Commercial Development	See Articles V, VI, or elsewhere of this chapter for additional specific use regulations.
Residential Uses
Dwelling unit	P	N/A
Nonresidential Uses
Agricultural/Forestry Uses
Crops/gardening (other than an agricultural operation)	P	N/A
Forestry (commercial timber operations)	P	§ 350-510
Commercial Uses
Bank and other similar financial institution	P	N/A
Convenience store	P	N/A
Dry cleaner, laundry, and laundromat	P	N/A
Hotel/motel	P	N/A
Office, business and professional	P	N/A
Personal service	P	N/A
Recreation, indoor	P	N/A
Restaurant	P	N/A
Retail business	P	N/A
Vehicle service/repair, light/medium duty	P	N/A
Institutional/Civic Uses
Conservation area	P	N/A
Day care, commercial	P	§ 350-606
Government use other than municipal use	P	N/A
Municipal use	P	N/A
Office, medical	P	N/A
Park/playground	P	N/A
Place of religious worship	P	N/A
Public utility	P	N/A
Specific Accessory Uses
Accessory uses and structures customarily incidental and subordinate to the principal uses permitted in the applicable zone	P
Automated banking or postal facility	P	§ 350-608
Day care, family	P	§ 350-608
Drive-through facility for permitted use	P	§ 350-608
Home occupation	P	§ 350-608
Home occupation, no-impact	P	§ 350-608
Mobile concession/street vendor	P	§ 350-608
Outside cafe/dining	P	§ 350-608
Outside display	P	§ 350-608
Shopping cart storage	P	§ 350-608
Specific Temporary Uses
Seasonal sidewalk display	P	§ 350-609

(c)

Architectural design. The application for conditional use shall include a design guideline that provides an illustrative set of acceptable architectural and construction material features including the following items designed to establish a minimum quality level. The following design guidelines shall be universally applied throughout the development tract:

Architectural theme.

Buildings shall promote and enhance a pedestrian scale and orientation on any building facade located along a sidewalk by incorporating discernible and architecturally appropriate features, such as, but not limited to, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas, or other treatments for visual interest.

All portions of buildings shall be designed with compatible architectural themes and materials, whether constructed at one time or in stages over a period of time. In addition, buildings shall demonstrate a variety in size, mass and height.

Building facade.

Building facades of individual buildings shall vary.

Recesses and projections to building walls, such as pillars, columns, or other treatments, shall be used to add architectural interest and variety to wall lengths greater than 100 feet.

The architectural design and material surface and color of all walls of the building shall be compatible with the front of the building (four-sided architecture).

Building shall have a clearly defined, highly visible entrance.

Building entry doorways shall allow a minimum five feet of unobstructed sidewalk.

Loading docks, HVAC equipment, refuse collection stations, and trash compactors areas shall be consistent with the architecture of the building.

Exterior building materials and colors. The exterior skin of buildings shall be:

Constructed with high-quality materials which are not comprised solely of smooth-faced concrete block, split-faced concrete block, or prefabricated steel panels.

Colors shall be low reflectance and not primary colors. Building trim and access areas may feature brighter colors, including primary colors.

Building height.

There is no minimum building height. It is the intent of the Township Board of Supervisors to include multistory structures within the development tract. The desire is to have varying heights for buildings throughout the development tract. Seventy-five percent of the linear building front wall space, excluding anchor uses and large-scale anchor uses, shall include an architectural appearance of multistory buildings along the street frontage.

The maximum building height shall be six stories.

Roof line.

Roof line offsets shall be provided to add architectural interest and variety to relieve the visual effect of a long roof.

Flat roofs shall use architectural features (e.g., parapet, mansard roof, gable roof, hip roof, or dormer) to add interest to relieve the visual appearance. Rooftop equipment, such as HVAC, shall be incorporated into the overall design and out of ground-level view within 200 feet of the equipment.

Anchor use and large-scale anchor use design. The design guidelines in this subsection are intended to produce anchor uses and large-scale anchor uses with more pedestrian orientation and scale than conventional projects. The standards in this subsection below apply to anchor uses and large-scale anchor uses.

Site planning. The design shall include an outdoor use area or focal point adjacent to major building entrances. The area shall provide amenities such as a water feature, benches, landscaped areas, etc.

Wall design. All buildings shall be designed to break up the appearance of a box-like structure, especially when visible from nonarterial streets or residential areas.

Building facade articulation. Include building facade articulation in the form of horizontal and/or vertical design elements to provide variations in wall plane and surface relief, including providing a variety of surface textures, recesses and projections along wall planes. Building facades greater than 100 feet in length shall incorporate recesses or projections.

Architectural design assurance. Prior to final plan approval under the applicable plan review procedures and processes of the SLDO, the applicant shall provide legally binding assurances in a recordable form acceptable to the Township of Rapho that ensures ongoing and future compliance with these architectural design requirements.

(d)

Lot design.

Application for entire development tract. Any conditional use application shall include the entire development tract, unless the Township Board of Supervisors permits a modification of standards with respect to this provision after finding that one or more tracts or parts thereof should not be treated as an integral part of the development tract, and the public interest is served by having such other tract or tracts governed by other portions of the Township's land use ordinances.

Site planning. Site planning for the entire development tract shall emphasize pedestrian-oriented features, even though most customer trips to these facilities will be made by motor vehicles. The layout of buildings and parking shall emphasize a strong relationship to adjoining streets, and encourage pedestrian circulation and access between the buildings and the street. Except as provided in the subsection below relating to the permitted exceptions in minimum and maximum building setback {§ 350-303D(2)(d)[6]}, buildings shall be placed near the street frontage.

Minimum lot area. For individual lots within the development tract, there shall be no minimum lot area requirements.

Minimum lot width. For individual lots within the development tract, there shall be no minimum lot width requirements.

Minimum perimeter setback. See Table 3-3.8 in this subsection below for the minimum setbacks of development tract:

Table 3-3.8 Minimum Setbacks for the Development Tract
Street Name	Buildings, Structures and Off-Street Loading Areas (feet)	Off-Street Parking Area (feet)
East Main Street/SR 0230	20	10
Esbenshade Road	20	10
McKinley Drive	0	10
Route 283/SR 0283	0	0

Minimum and maximum building setback.

The building setback along one street or access drive shall be a minimum of zero feet and a maximum of 15 feet from the adjoining street right-of-way line of all new streets and cartway of all new access drives.

Buildings shall anchor corners where streets and access drives intersect.

Exceptions to the maximum building setback are permitted for:

An outdoor space such as a plaza, courtyard, patio or garden between a building and the sidewalk.

Where there is an existing or demonstrated future height volume or high-speed traffic, an exception to the maximum building setback could be granted, along one street or access drive, as necessary for outdoor space, traffic geometry, or traffic turning movements.

An established pattern of existing buildings that make a pedestrian-oriented street front nonfeasible.

Anchor uses or large-scale anchor uses.

A street or access drive horizontal alignment and/or intersection radii.

[vi]

Where exceptions to the minimum and maximum building setback are granted within the subsection above {§ 350-303D(2)(d)[6][c]} due to large vehicle turning movements, the setback areas shall include landscaping, low walls, fencing or railings, and/or other similar site improvements along the sidewalk designed for pedestrian interest, comfort and visual continuity.

The minimum building separation may be zero feet subject to the IBC as referenced in the PA UCC adopted by the Township of Rapho.

Clear sight triangle. New intersections of streets and new intersections of streets with access drives, that are located within the development, shall provide a clear sight triangle measured 15 feet along each curbline of the intersection.

Maximum lot coverage. For the development tract, the maximum lot coverage shall be 85%. For individual lots within the development tract, there shall be no maximum lot coverage requirements as long as the maximum lot coverage for the development tract does not exceed 85%.

(e)

Streets, access drives, driveways, and loading.

New streets. To the greatest extent possible, no new street shall be greater in length than 500 feet without access to another street, access drive, or alley.

Circulation pattern.

Streets, access drives, and driveways shall, to the greatest extent possible, be designed to reduce traffic speeds and promote safe pedestrian and nonmotorized vehicular travel.

Whenever possible, vehicle circulation system should maintain a grid pattern.

The number of driveway intersections with access drives, and streets shall be minimized.

Travel lane width. The minimum travel lane width shall be 11 feet for each direction of travel, except as provided in Table 3-3.9 in this subsection below:

Table 3-3.9 Minimum Travel Lane Width
Angle of Parking	One-Way (Total Width) (feet)	Two-Way (Total Width) (feet)
90°	22	22
60°	14 1/2	20
45°	13	18
Parallel	11	22

Street and access drive curb.

The minimum curb radius for intersections of new streets and/or access drives shall be 15 feet.

Vertical or slant curbs shall be provided along both sides of new streets and/or access drives in accordance with the applicable design and construction standards and requirements of the SLDO.

Traffic-calming devices.

Streets shall include traffic-calming devices to provide pedestrian-friendly speed limits.

Wherever on-street or on-access drive parking is provided, "bulb-outs" (also known as bump-outs, nubs, knuckles, or neck-downs) shall be provided at all intersections of streets, alleys and access drives, and where necessary, to ensure there are no continuous strips of parking in excess of 300 feet. "Bulb-outs" shall be six feet in depth. "Bulb-outs" located at intersections shall be at least 25 feet in length from the curbline of the intersection, and "bulb-outs" shall be at least 10 feet in length.

Where intersections are used by significant numbers of trucks or buses, the bulb-outs need to be designed to accommodate the turning radii of the larger vehicle. However, consideration shall be given to slow vehicle speeds and safe encroachment into adjacent lanes where volumes are low and speeds are slow.

Street roundabouts may be used for improved safety, speed reduction, aesthetics, and operational functionality. The inscribed circle shall be a minimum diameter of 45 feet.

Parking along street and access drive.

On-street parking is required along the entire length of both sides of all proposed new streets, except in areas that conflict with the function of the street (e.g., traffic flow, travel lanes, intersections, clear sight triangles, pedestrian crosswalks, transit stops, and vehicle turnouts).

Parking space dimensional requirements. Parking spaces along streets and access drives shall be in provided in accordance with Table 3-3.10 in this subsection below:

Table 3-3.10 Minimum Parking Space Dimensions
Parking Space Type	Minimum Width (feet)	Minimum Length/Depth (feet)
Parallel to travel lane	8	22
0.1° to 34.99°	10	19
35° to 54.99°	10	21
55° to 89.99°	10	22
90°	9	18

Parking spaces along streets and access drives shall be located wherever possible to provide convenient access to stores and shops.

Parking spaces along streets and access drives are prohibited within 25 feet of the edge of the cartway of intersecting streets and/or access drives.

Parking spaces along streets and access drives may be used to meet parking requirements of this chapter.

Loading spaces/zones.

Loading spaces/zones shall be provided in accordance with the subsection above {§ 350-303D(2)(e)[7]} prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets.

A conditional use plan for which a loading space/zone is required shall include a drawing showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required in the (MUC) Zone.

Loading spaces/zones shall be constructed and maintained with a paved surface of concrete or bituminous materials.

Loading space/zone may be located in the required yard area.

Loading spaces/zones may be specially identified areas along a street, access drive or within a parking area designed to serve the development tract.

Curbside loading spaces/zones are spaces adjacent to a street, access drive or parking lot curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials, bus stop, taxi stand or other passenger curb loading. Loading space/zone signs shall be identified on the plan and installed prior to issuance of an occupancy permit.

Curbside loading spaces/zones may be parking spaces during specific hours when loading is prohibited.

Loading spaces/zones may be shared between nearby uses when authorized by the Township Board of Supervisors.

Loading spaces/zones shall not be used for storing delivery vehicles.

[j]

Off-street loading spaces/zones and curbside loading spaces/zones shall be designed not to interfere with off-street parking or vehicle access.

[k]

Loading space/zone dimensional requirements. See Table 3-3.11 in this subsection below for the minimum dimensional requirements for loading spaces/zones:

Table 3-3.11 Minimum Dimensional Requirements for Loading Spaces/Zones
Use	Minimum Length (feet)	Minimum Width (feet)	Minimum Height Clearance Within and to Loading Space/Zone (feet)
Anchor use	63	12	15
Non-anchor use	33	12	15

[l]

The minimum number of required loading berths/zones shall be in accordance Article V of this chapter relating to off-street loading facilities (§ 350-519), except as provided in Table 3-3.12 in this subsection below:

Table 3-3.12 Minimum Number of Loading Spaces/Zones
Use	Number of Loading Spaces	Gross Floor Area (square feet)
Office; Bank and other similar financial institution; Theater; Auditorium; Other similar recreation, indoor; Hotel/motel	None	Less than 10,000
	1	10,000 to 100,000
	+1	Each additional 100,000
Retail business; Personal service; Restaurant	None	Less than 10,000
	1	10,001 to 25,000
	2	25,001 to 50,000
	+1	Each additional 50,000

(f)

Public water and public sewer service. The development tract shall be served by public water service and public sewer service.

(g)

Pedestrian facilities.

Sidewalk location.

Sidewalks shall be provided along all new streets and new access drives, unless an alternate plan is demonstrated to work better to provide for such pedestrian traffic likely to make use of the facilities planned for the site.

Sidewalks must be provided along the full length of the building along any building facade with a customer entrance.

Pedestrian walkways that cross driving lanes must be distinguished from driving surfaces by the use of special pavers, bricks, colored and/or textured concrete, painted asphalt, or textured asphalt to enhance pedestrian safety.

Sidewalks, to the greatest extent possible, shall connect to existing or planned pedestrian networks located at the perimeter of the development tract.

Sidewalks are not required along Route 283/SR 0283.

Sidewalks or other types of pedestrian routes located within the lot shall be provided for pedestrian flow along Esbenshade Road, Authority Lane, and East Main Street/SR 0230.

Parking lots containing over 150 parking spaces shall include sidewalk paths that link the parking lot to an overall pedestrian circulation system. Pedestrian walkways within the site that are not separated from a driving lane must be distinguished from driving surfaces through the use of special pavers, bricks, colored and/or textured concrete, painted asphalt, or textured asphalt to enhance pedestrian safety. Pedestrian circulation in parking areas should be parallel to traffic flow toward building entrances.

Sidewalks are not required to serve all individual parking spaces.

Sidewalks are not required along the outline of a parking lot, unless such configuration is necessary to provide direct pedestrian access.

Sidewalk width. Sidewalks shall not be less than eight feet wide when adjacent to a nonresidential building entrance, and not less than five wide elsewhere.

Sidewalk construction material.

Sidewalks shall be constructed of masonry pavement, precast ornamental concrete pavers, poured-in-place concrete, patterned poured concrete, special pavers, or bricks.

Sidewalks that are not located along the side of a street or access drive shall be defined using pavement treatments, signs, striping, pedestrian-scaled ornamental median refuge areas, and landscaping, as appropriate.

Sidewalk crossings.

Sidewalk intersections with a street, access drive, or parking lot aisle shall be clearly identified to the driver and pedestrian through the use of paint, alternate pavement materials or patterned pavement.

Pedestrian crosswalks shall be provided on-site at all anticipated pedestrian crossings of streets and access drives.

Pedestrian crosswalks shall conform to PennDOT specifications, but in no case shall pedestrian crosswalks be less than six feet in width.

Pedestrian crosswalks shall be provided with clearly defined pedestrian accessways that distinguish the travel lane for the purpose of increasing awareness of the presence of pedestrians and vehicles. Except on arterial and collector streets, raised crosswalks shall be provided for midblock pedestrian crossings. Examples of appropriate warning devices are:

Raised crosswalks to increase visibility of the crosswalk and to decrease the vehicle speeds.

Bulb-outs to narrow pavement width at pedestrian crossings.

Center medians for pedestrian refuge in areas of wide pavement to allow the pedestrian to cross each direction of traffic separately.

Yield to pedestrian signage.

Where possible, pedestrian crosswalk areas near truck and freight delivery and loading spaces/zones should be avoided.

Dropoff and pickup zones shall be well delineated for pedestrians and separated from the flow of vehicle traffic.

(h)

Public transit. Where a regional mass transit system provides service along a street adjacent to the development tract, or where such a system is proposed as part of an adopted municipal or regional transportation plan, an appropriate dropoff and shelter facility shall be located along such street, or within such development, or at some alternate location, as may be specified by the mass transit provider, or Township Board of Supervisors. The dropoff and shelter location shall be shown on the conditional use plan and constructed when mass transit service is available.

(i)

Off-street parking. Parking lots shall be designed to be equally pedestrian and vehicular oriented.

Location and design of parking, except for anchor uses and large-scale anchor uses. Parking shall not be the dominant visual element of a site. Large, expansive paved areas between the building and the street are to be avoided in favor of smaller multiple lots separated by landscaping or buildings, or located to the sides and rear of buildings. Parking areas with greater than 30 parking spaces shall include landscape islands at the end of parking space rows to separate parking spaces from access lanes.

Location and design of parking for anchor uses and large-scale anchor uses. It is the nature of large retail uses that most customers arrive by car and make purchases that could not be carried home by foot or bicycle. While the separation of pedestrian and vehicle travel throughout the parking lot is not practicable, to the greatest extent possible, parking space orientation shall provide for pedestrian travel along vehicle access aisles, as opposed to travel between parked vehicles. Pedestrian crossings located at the entrance to anchor uses and large-scale anchor uses shall be provided with pedestrian crosswalks that are distinguished driving surfaces through the use of special pavers, bricks, colored and/or textured concrete, painted asphalt, or textured asphalt.

Pedestrian routes. Safe and direct pedestrian routes shall be provided through parking areas to primary entrances.

Shopping carts. Parking areas shall include an adequate number of shopping cart corrals where carts can be dropped off without obstructing vehicle, bicycle, or pedestrian traffic movement, or being left in landscape planter areas. Cart corrals shall be both attractive and durable.

Construction materials. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials, or another dust-free surface with the approval of the Township Board of Supervisors.

Required number of parking spaces.

All uses, excluding commercial day care; hotel/motel; and residential uses, shall be provided with a minimum of four parking spaces per 1,000 square feet of gross floor area, and a maximum number of five parking spaces per 1,000 square feet of gross floor area. Gross floor area square footage of linear shops shall not be included in the overall gross floor area to establish the required number of parking spaces.

Hotel, motel and similar lodging shall be provided with at least one parking space for each guest unit plus 1/2 space for each employee on the largest shift.

Residential units shall be provided with at least two parking spaces for each dwelling unit.

The required number of parking spaces may be provided in common parking areas, garages, deck parking, and on-street parking.

Shared parking may be provided at a reduced rate of 3.3 parking spaces per 1,000 square feet of gross floor area for nonresidential buildings, in accordance with the publication titled "Shared Parking Second Edition," 2005, by Urban Land Institute.

Parking spaces.

Parking space dimensional requirements. Parking spaces shall be in provided in accordance with Table 3-3.13 in this subsection below:

Table 3-3.13 Minimum Parking Space Dimensions
Parking Space Type	Minimum Width (feet)	Minimum Length/Depth (feet)
Parallel to travel lane	8	22
Not parallel to travel lane	8	18

ADA handicapped-accessible parking facilities. The required number of handicapped accessible parking spaces required by the Americans with Disabilities Act (ADA) shall be in accordance with the most recent version of the ADA Standards for Accessible Design of the United States Department of Justice and the IBC as referenced in the PA UCC adopted by the Township of Rapho, whichever is more restrictive. The applicant shall certify in writing or plan note that the application for development complies with all relevant ADA requirements. ADA handicapped-accessible parking spaces may count toward the total number of required parking spaces for uses.

Travel lane width.

See Table 3-3.14 in this subsection below for the minimum widths of travel lanes between rows of parking spaces:

Table 3-3.14 Minimum Travel Lane Width
Angle of Parking	Travel Lane - One-Way (Total Width) (feet)	Travel Lane - Two-Way (Total Width) (feet)
90°	22	22
60°	14 1/2	20
45°	13	18
Parallel	11	22

Interior travel lanes with no parking shall be at least 11 feet wide for each travel lane.

All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.

[9]

Pavement markings. Parking lots shall be adequately marked and maintained for the purpose of defining parking spaces and interior drives. As a minimum, the lines of all parking spaces and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. Painted lines, arrows and dividers shall be provided and maintained to control parking, and when necessary, to direct vehicular circulation.

[10]

Curbing for uses that are not anchor uses or large-scale anchor uses.

Parking spaces shall be guarded by curbs or other protective devices, which are arranged so that parked cars cannot project into the streets, yards or walkways.

Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas.

[11]

Parking garages. Parking garages are encouraged to meet parking requirements. Aboveground parking garages shall comply with all provisions of a principal use.

[12]

Off-street surface parking lot landscape planting.

A minimum of 40% of the length of off-street surface parking lots that adjoin East Main Street/SR 0230, Esbenshade Road or McKinley Drive, shall be screened from the street by any combination of a three-and-one-half-foot-high masonry wall, fence or earthen berms with landscape material. (See Figures 3-3.1 and 3-3.2 or illustrative examples of a pier, fence and hedge screening.)

FIGURE 3-3.1

TYPICAL PLAN VIEW OF PIER, FENCE, AND HEDGE

FIGURE 3-3.2

FENCE AND PIER DETAIL

Off-street surface parking lots that contain 20 or more parking spaces shall provide a parking lot landscape planting area of five square feet per parking space.

The required off-street surface parking lot landscaping may be used to define sidewalk areas, parking areas, pedestrian areas, and travel lanes. When the required amount of landscape planting area encumbers the parking lot and traffic circulation functions, up to 50% of the required landscape planting area may be located at the entrance and/or perimeter to the parking lot.

The location of landscape planting in anchor use and large-scale anchor use parking lots may be consolidated for planting of large stands of trees to break up the scale of the parking lot.

Ground cover alone is not sufficient interior landscaping. Trees, shrubs or other approved material shall be provided. At least one shade tree shall be provided for each 800 square feet, or fraction, of required landscape area in the parking lot. These shade trees may be located within and along the perimeter of the parking lot.

Deciduous trees shall have a clear trunk at least five feet above finished grade. Evergreen trees shall have a minimum height of six feet. Evergreen trees shall be considered only for perimeter planting for parking lots.

Wheel stops or curbing shall be provided to insure no greater than two-and-one-half-foot overhang into the interior landscaped area.

(j)

Landscape planting.

Landscape elements.

Any required landscaping may include a combination of the following elements:

Berms;

Deciduous trees;

Earth mounds;

Evergreens;

Fences;

Flowers;

Fountains;

Gravel;

Ground covers;

Mulch;

Rocks;

Screens;

Sculptures;

Shrubs;

Sidewalk furniture;

Vines;

Walls; and

Other approved materials.

Artificial plants, trees and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition.

Screening elements.

Screen materials shall be provided in the subsection above relating to landscape planting [§ 350-303D(2)(j)] and include:

Evergreens (trees, hedges or shrubs);

Walls and fences (excluding those constructed of corrugated metal, corrugated fiberglass, or sheet metal);

Earth berms; or

Other approved similar materials.

Loading docks, trash collection areas, outside storage, and similar facilities shall be screened from adjacent residential lot with material of the same quality and appearance as those used on the building.

Parking lot screening shall be provided in the subsection above relating off-street surface parking lot landscape planting {§ 350-303D(2)(i)[12]}.

Street trees.

Street trees shall be provided along all streets, except Route 283/SR 0283.

Each lot shall provide a minimum of one street tree for every 75 feet of street frontage.

Street trees shall be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. Street trees may be planted elsewhere on the lot if the available area for street trees interferes with pedestrian circulation, vehicle circulation, or utilities.

Street trees may be separated by a consistent distance, varied distances, or in groupings.

Street trees shall not be placed in the clear sight triangle of intersections.

Street trees shall be species that are native to the area and suited for conditions associated with the high volume of impervious ground cover and limited area for branch growth. Trees, at the time of planting, shall be at least two inches in diameter, measured at six inches above the ground.

Requirements for the measurement, branching, grading, quality, balling, and burlapping of trees shall follow the code of standards recommended by the most recent version of the American Nursery and Landscape Association's American Standard for Nursery Stock, ANSI Z60.1-2004.

Selection and replacement of plant materials.

Trees and shrubs shall be typical of their species and varieties, normal growth habits, well-developed branches, densely foliated, and vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.

Any tree or shrub which dies shall be replaced. All landscaping and screening treatments shall be properly maintained.

(k)

Public activity spaces.

Location. Public activity space shall be incorporated into the pedestrian circulation system.

Pedestrian amenities. The public activity space is an area with two or more pedestrian amenities. Pedestrian amenities shall include a combination of seating, landscaping, outside cafe/dining, sidewalk and window display of merchandise, transit shelter, water elements, gazebo, public art display, public performance area, tot lot, clock tower, or other outdoor facilities, all of which shall be acceptable to the Township.

Retail use of public activity space. Except as otherwise set forth in the subsection above relating to outside display in elements of a mixed-use commercial development [§ 350-303D(2)(b)], retail businesses shall be permitted to have temporary sidewalk displays and sales of merchandise, provided pedestrian circulation or access to/from building shall:

Be directly in front and along the wall of the retail establishment.

Provide a minimum of five feet of unobstructed sidewalk.

Only be on the sidewalk during the retail business hours of operation.

Restaurant use of public activity space. Restaurant uses are permitted to operate outside cafes/dining facilities or provide sidewalk seating, including sidewalk areas within the pedestrian system, provided pedestrian circulation or access to/from building entrances is not obstructed.

A minimum of five feet of sidewalk measured from the curb to the building shall be maintained clear of tables and chairs.

Awnings, canopies or umbrellas shall be permitted to provide shade and architectural interest. Colors shall complement the buildings.

Outdoor trash receptacles shall be provided and the public activity space kept litter free.

(l)

Lighting.

Lighting plan. The conditional use application shall include a conceptual description of exterior lighting. A lighting plan that includes photometrics, fixture type, support, and footer details shall be provided at the Subdivision and/or Land Development Plan stage.

Type of light fixture.

Pedestrian-scaled ornamental lighting fixtures shall be provided along streets and access drives. The design, size, and placement of outdoor lighting fixtures on buildings and in parking lots shall be in keeping with the architectural style of the buildings. Maximum permitted height shall be 35 feet.

Lighting fixtures that service off-street parking facilities less than 100 parking spaces shall be at a lower height. A detailed lighting design plan showing location, number of fixtures, lighting fixture island details, and height of fixtures shall be submitted during the subdivision and land development plan stage for each off-street parking facility.

Direction of lighting. Outdoor lighting shall not present a hazard to drivers or pedestrians by impairing their ability to safely traverse the lighted area.

Illumination level.

Streetlighting is not required on Route 283/SR 0283, Esbenshade Road, or East Main Street/SR 0230.

Street and access drives shall maintain, at a minimum, an average illumination level of one-half footcandle at an elevation of three feet above the ground surface.

Off-street parking and pedestrian walkways shall maintain, at a minimum, an average illumination level of two footcandles at an elevation of three feet above the ground surface.

Lighting directly under canopies may not exceed 30 footcandles at an elevation of three feet above the ground surface. Areas which are adjacent to canopies shall taper down in illumination level from the level permitted under the canopy to eight footcandles, at an elevation of three feet above the ground surface, within a horizontal distance equivalent to twice the height of the canopy.

Unless increased by mandatory streetlighting, the maximum illumination level at the lot line of an adjoining residential lot may not exceed 2/10 footcandle at an elevation of three feet above the ground surface.

Timing of lighting.

Except for safety and security lighting, or as permitted by condition of approval, outdoor lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing or reducing the number of light fixtures within a reasonable time after business hours.

Security lighting fixtures shall be designed to illuminate only the designated area.

Light glare. Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture-mounting height, wattage, aiming angle, and fixture placement. Vegetation screens may provide a secondary means for controlling glare.

Prohibited lighting. The following lighting used for advertising or promotion shall be prohibited:

Light output for flagpole lighting exceeding 10,000 lumens.

Searchlights.

Laser lights.

Lights that pulse, flash, rotate, or simulate motion.

White strobe lighting.

Lights that simulate traffic control signals.

Canopy lighting. Canopy lighting shall be accomplished using flat-lens full-cutoff, down-lighting fixtures, shielded in such a manner that the edge of the fixture shield shall be level with or below the light source envelope.

[9]

Exemptions. The standards and requirements for lighting set forth in the subsections above relating to lighting (§ 350-303D(2)(l)) shall not apply to the following:

Decorative holiday lighting from November 15 through the following January 15.

Lighting required by law (e.g., aviation lighting, emergency lighting, and temporary lighting other than security lighting at construction projects).

(m)

Outdoor signs.

General sign regulations.

Signs must be constructed of durable material and maintained in good condition.

No sign shall be in such a state of disrepair as to be rotting, falling down, illegible, or have loose parts separated from original fastenings.

Whenever a sign becomes structurally unsafe or endangers the safety of buildings, premises, or the public, such sign shall be made safe or removed within five days, whether or not the Township Zoning Officer provides written notice to the owner of the premises on which the sign is located.

Advertising painted upon a building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply.

Each sign shall be removed when the circumstances leading to its erection no longer apply.

Signs may be interior lighted with nonglaring lights, or may be illuminated by floodlights or spotlights that are shielded, so there is no direct light transmitted to other properties or public rights-of-way.

No sign shall be of the intermittent flashing or rotating type. However, electronic message centers are permitted subject to the requirements of the subsection below relating to electronic message centers {§ 350-303D(2)(m)[10]}.

No sign located within 200 feet of any traffic light shall be illuminated with red, green, or yellow lights or neon tubing.

All electrically illuminated signs shall be constructed to the standards of the IBC as referenced in the PA UCC adopted by the Township of Rapho.

[j]

Signs must be positioned so that they do not interfere with any required clear sight triangle.

[k]

No vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including but not limited to:

Act or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law;

Scenes wherein a person displays the vulva or the anus or other genitals;

Scenes wherein artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above; and

Any other graphic illustration pertaining to specified sexual activities and/or specified anatomical areas.

[l]

No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.

[m]

No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.

[n]

No sign shall be permitted which is permanently attached to public utility poles, nor trees which are within the street right-of-way.

Calculation of sign area. The sign area shall be measured by the smallest regular geometric shape not exceeding eight sides encompassing all words and/or symbols composing the sign. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign. If a double-faced sign is back to back with no point more than three feet from another, the area of only the larger face shall be used to calculate the sign area.

Maximum sign area for building-mounted signs, except for anchor uses and large-scale anchor uses.

The total permitted building-mounted sign area for each use shall not exceed 1 1/2 square feet for each linear foot of building wall that has display windows or a public entrance, to a maximum sign area of 180 square feet. The total allowable sign area may be a combination of building-mounted sign types.

The maximum sign area for building-mounted signs located on anchor uses and large-scale anchor uses are set forth in the subsection below relating to maximum sign area for building-mounted signs for anchor uses and large-scale anchor uses {§ 350-303D(2)(m)[4]}.

Maximum sign area for building-mounted signs for anchor uses and large-scale anchor uses.

The total permitted front building wall mounted sign area for each use shall not exceed 3 1/2% of the total front wall area. The total permitted side and rear building wall-mounted sign for each use shall not exceed 2% of the total front wall area.

The maximum sign area for building-mounted signs for uses that are not anchor uses and large-scale anchor uses are set forth in the subsection above relating to maximum sign area for building-mounted signs, except for anchor uses and large-scale anchor uses {§ 350-303D(2)(m)[4]}.

The maximum sign area for linear shops are set forth in the subsection above relating to maximum sign area for building-mounted signs, except for anchor uses and large-scale anchor uses {§ 350-303D(2)(m)[4]} and does not affect the maximum sign area for anchor uses and large-scale anchor uses.

Building-mounted sign requirements.

Wall signs.

Wall signs are those signs attached or painted on the wall of a building.

The area on a wall sign is included in the calculation for maximum building-mounted sign area.

Wall signs shall not obscure windows or ornamental features of the building.

Sign bands shall, when provided, be designed into the building facade of the building and be compatible with the design architecture.

Wall signs shall be mounted flush and fixed securely to a building wall, projecting no more than 12 inches from the face of the wall, and not extending sideways from the building face or above the roof line of the building.

Awning and canopy sign requirements.

Awning and canopy signs are those signs printed on, or attached to, an awning or canopy.

The area on an awning or canopy sign is included in the calculation for maximum building-mounted sign area.

Awning and canopy sign area shall be oriented towards pedestrians.

Awnings and canopies must be permanently attached to buildings.

The height of awnings and canopies shall not exceed the height of the building.

Roof signs.

Roof signs are those signs erected in whole or in part upon the roof of the building.

The sign area of a roof sign is included in the calculation for maximum building-mounted sign area.

Roof signs shall be limited to one sign per street frontage up to three signs.

Roof signs are not permitted beyond the highest point of a pitched, mansard, or parapet line of the building.

Projecting signs.

Projecting signs are mounted to the face of the building perpendicular to the face of the building, and extend no greater than four feet from the wall surface.

The sign area of a projecting sign is included in the calculation for maximum building-mounted sign area.

Projecting signs shall be designed so that the support for the projecting sign is visible. Mounting hardware shall be attractive and an integral part of the design. Decorative mounting brackets are encouraged where appropriate to add to the character of the building.

Projecting signs shall not be located above the second floor windows in multistory buildings or extending above the roofline of the building.

One projecting sign is allowed on the building wall of each use that has display windows or a public entrance.

[vi]

Each projecting sign shall not exceed 10 square feet. Projecting signs are included in the calculation of maximum permitted building-mounted sign area.

[vii]

Projecting signs shall provide a minimum vertical clearance of eight feet.

Freestanding pylon signs.

One freestanding pylon sign is permitted for a development tract.

The sign area of a freestanding pylon sign is not included in the calculation for maximum building-mounted sign area.

The freestanding pylon sign must be located along the frontage of Route 283/SR 0283.

Each face of a freestanding pylon sign shall not exceed 210 square feet.

The height of the freestanding pylon sign may be not greater than 80 feet.

Freestanding monument signs.

One freestanding monument sign is permitted at the perimeter of the development tract, adjacent to the intersection of a street or access drive, up to a maximum of four freestanding monument signs, except to the extent that any modifications granted for such changes are set forth in the subsection below relating to modifications of standards [§ 350-303D(2)(r)].

The sign area of a freestanding monument sign is not included in the calculation for maximum building-mounted sign area.

The height of a freestanding monument sign shall not exceed 15 feet above the mean level of the ground adjoining the base of the freestanding monument sign.

Freestanding monument signs may be attached to retention walls; however, the monument sign portion of the retention wall shall not exceed the above-stated height.

Freestanding monument signs shall be surrounded by a landscaped area that extends a minimum of four feet in all directions.

Each face of a freestanding monument sign shall not exceed 80 square feet.

Banner signs.

Banners are permitted as temporary decorations used to advertise or promote community affairs, celebrations, holidays, seasons, etc. Banners shall not advertise or promote the sale of any product or commodity.

The sign area of a banner sign is not included in the calculation for maximum building-mounted sign area.

Banners may be attached to buildings, poles and other types of structures.

The street banners shall be a minimum height of 15 feet from the street, access drive or driveway.

The street banners shall not interfere with the clear view of any traffic light or traffic-control sign or device.

A banner permit is valid only for a period of 30 days following the date of issuance; provided, however, that the Township Zoning Officer may extend the time, not more than an additional 30 days, if the purpose for the banner has not expired.

Banners shall be constructed from a good grade of canvas or similar material that will not stretch or distort out of shape. They shall be supported by steel cables of sufficient size to safely support a wind load of 30 pounds per square foot of exposed area. Such cable shall be anchored to safely carry the loads imposed. Banners shall not be anchored to any fire escape or public safety sign.

[9]

Directional signs. Directional signs provide directions to pedestrian and vehicular traffic. Signs directing to entrances, exits and other non-business elements of a project are exempt from the sign regulations when the sign area is less than four square feet.

[10]

Electronic message centers.

Electronic message centers provide a variable message sign utilizing LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like displays for computer generated messages or some other electronic means of changing copy.

Electronic message centers are allowed on freestanding signs, provided:

Electronic messages shall not change at a rate greater than one time per each fifteen-second period.

Signs shall employ sufficient size lettering and/or symbols for immediate recognition by motorists.

Signs shall display simple and static messages for immediate recognition by motorists. Messages shall be complete in each display cycle and shall not require viewers to see multiple display cycles to derive its meaning.

Signs shall use instantaneous transitions from one message display cycle to the next with no blankouts, scrolling, fading, streaming, zooming, flashing, or any other animated effect for immediate recognition by motorists.

All owners must notify AMBER Alert and register its location for use as needed at (www.psp.pa.gov/amber-alert/Pages/amber-alert.aspx). During times of AMBER Alert, the dynamic message display must display such information as provided by the PA State Police for no less than 50% of the operating time during each one-hour cycle.

[11]

Temporary signs.

See Table 3-3.15 for temporary sign regulations.[2]

Editor's Note: Table 3-3.15 is included as an attachment to this chapter.

Real estate signs. See Table 3-3.16 in this subsection below for additional requirements for real estate signs:

Table 3-3.16 Additional Real Estate Sign Requirements
Size of Lot	3 Acres or Less	Greater Than 3 Acres
Number of signs per street frontage	2	3
Maximum sign area	16 square feet	32 square feet
Maximum sign height	8 feet	10 feet
Minimum sign setback from adjoining lot line	5 feet	10 feet

[12]

Portable signs. Any sign not permanently attached to the ground or other permanent structure, whether or not bolted to the ground, shall be deemed to be a "portable sign." Portable signs are not permitted.

[13]

Prohibited signs. The following signs are prohibited:

Illuminated, highly reflective signs, beacons or spotlights which hamper the vision of motorists or bicyclists, nor other signs with flashing, moving, or swinging displays.

Loud, vulgar, indecent, or obscene advertising matter shall not be displayed in any manner.

Billboards and off-premises signs.

Only those signs referring directly to materials or products made, sold or displayed on the premises, to services offered on the premises, and/or to activities conducted on the premises, are permitted.

However, signs that exist at the time of enactment of this provision may continue, although they are not in conformance with this provision.

[14]

Location and placement of signs.

Signs must be positioned so that they do not interfere with any clear sight triangle.

No sign shall be erected or located as to prevent ingress or egress from any window, door or fire escape.

No sign shall be permitted which is permanently attached to a public utility pole, or tree located within the street right-of-way.

No sign shall be placed in a position which creates a traffic danger.

(n)

Conditional use standards. Except as provided in this subsection immediately below [§ 350-303D(2)(n)], the conditional use application for the (MUC) Zone is subject to Article IX of this chapter relating to conditional uses (§ 350-906).

Time limitations.

A developer's agreement with the Township of Rapho shall set forth the time period within which applications under the SLDO shall be submitted and necessary permits shall be secured. Because of the potential scope of a mixed-use commercial development, it is likely that the development will be constructed in phases. The initial Subdivision and/or Land Development Plan submittal (i.e., preliminary plan, preliminary/final plan, or preliminary/phase 1 final plan) shall be submitted within 24 months of the date of the conditional use approval. In the event the development is phased, the final phase plan shall be submitted to the Township of Rapho within 15 years from the approval of the phase 1 final plan.

The Township Board of Supervisors may extend the fifteen-year period for additional five-year periods upon request of the developer.

Vested rights.

See Sections 508(4) and 917 of the MPC,[3] which provide an applicant with protection during certain time periods against changes to Township ordinances that would adversely affect an approved development.

Editor's Note: See 53 P.S. §§ 10508(4) and 10917, respectively.

For mixed-use commercial development that is granted conditional use approval, the vested rights provisions of Section 508.4(2)(iii) of the MPC[4] shall be extended to 15 years from the date of the preliminary plan approval, provided the time limitations set forth in the subsection above relating to time limitations {§ 350-303D(2)(n)[1]} are complied with. The Township Board of Supervisors may extend this fifteen-year period for additional five-year periods upon the request of the developer.

Editor's Note: See 53 P.S. § 10508.4(2)(iii).

The six-month period limit for the protections of and under Section 917 of the MPC[5] shall and is hereby extended to a maximum of 24 months from the date of the conditional use approval. The twenty-four-month periods shall be extended for the length of any appeal of or challenge to the terms of the conditional use approval.

Editor's Note: See 53 P.S. § 10917.

(o)

Application for conditional use. At the time of application for conditional use approval, and in addition to the information required as part of the conditional use application set forth in Article IX of this chapter relating to conditional uses (§ 350-906), the applicant shall submit the following:

Site plan. The site plan shall be drawn at a legible scale and include the following:

Site data. Site data shall include the following:

Proposed total gross floor area of commercial use(s);

Proposed total gross floor area, number of proposed dwellings and total density for residential use;

Proposed acreage and percentage of green space;

Total number of proposed on-street and off-street parking spaces;

Location of proposed commercial building pad sites, floor area, and general description of use including proposed multiple-story buildings.

Location and number of proposed residential units, including proposed multiple-story buildings.

Proposed traffic-calming devices.

Proposed location of freestanding signs and known building signs.

Conceptual depiction of the proposed streetscape, landscaped areas and lighting.

Reports. The following conceptual reports shall be submitted:

A description of how the applicant proposes to provide for an integrated development.

A description of how stormwater management design complies with the provisions of the Township of Rapho stormwater requirements.

A description of the building architectural design criteria, including schematic architectural elevations.

A description of signage design criteria for anchor uses and large-scale anchor uses.

A conceptual description of exterior lighting. This description does not need to include photometrics, fixture type, support, and footer.

General information about the proposed covenants, restrictions, and other use requirements imposed by the developer. Final documents shall be submitted with the application under the SLDO.

Traffic evaluation study.

A traffic impact study (TIS) for assessing the traffic impacts associated with a proposed development, developed in accordance with in Article V of this chapter relating to traffic impact study and street classifications (§ 350-533), shall be submitted. Scope of the TIS is to be approved by the Township of Rapho prior to data collection.

An addendum, the scope of which is acceptable to the Township of Rapho, to an existing traffic impact study shall be submitted for a property that is the subject of a prior traffic impact study which includes an agreement for financial contributions. The addendum to a traffic impact study shall acknowledge any development issues that differ from the prior study. If applicable, additional contributions/recommended improvements shall credit and/or take into consideration in its analysis earlier traffic impact contributions/off-site improvements.

For all proposed developments that are not subject to an existing traffic impact study, see Article V of this chapter relating to traffic impact study and street classifications (§ 350-533).

§ 350-304 Business zones.

Revisions to approved development. The plan presented in support of the conditional use is an official part of the record for said conditional use. Such plan may be changed as part of approval under the SLDO, without the need to obtain conditional use approval of the plan change, provided that:

To the extent that such changes require additional modifications set forth in the subsection below relating to modification of standards [§ 350-303D(2)(r)], conditional use approval of such modification is obtained prior to approval of the preliminary or final land development plan, whichever applies.

Such changes do not increase the number of dwelling units or floor area of nonresidential uses by more than 10%, provided such increases remain within the density and area limitations set forth in the (MUC) Zone.

The conditional use plan, as modified or changed, complies with the standards set forth in the (MUC) Zone (except to the extent that any modifications are granted for such changes set forth in the subsection below relating to modification of standards [§ 350-303D(2)(r)].

Such changes do not materially increase the overall lot coverage beyond the coverage contemplated under the conditional use plan.

(5)

Such changes do not materially increase the number of new weekday morning, weekday evening or weekend peak hour trips that are projected to be generated by the traffic impact study that is approved by the Township Board of Supervisors for such conditional use.

(6)

Such changes do not alter the layout, location or design of streets, residential uses or nonresidential uses, such that the revised layout is fundamentally different from the approved conditional use plan.

Relationship to other ordinances of the Township of Rapho and sections of this chapter. The (MUC) Zone has different use and design requirements from those contained in other sections of this chapter, the SLDO, and other ordinances of the Township of Rapho. Except for those requirements contained within Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402), to the extent the regulations, standards, and provisions of the (MUC) Zone differs (is more or less restrictive) from other Township of Rapho requirements, those within the (MUC) Zone shall govern. However, all other provisions of this and other ordinances of the Township of Rapho shall remain in full force.

Modification of standards. The Township Board of Supervisors may permit the modification of the design standards, and other requirements of the (MUC) Zone, by conditional use approval in order to encourage the use of innovative design. An applicant desiring to obtain such approval shall, when making application for approval of a development within the (MUC) Zone, make application for such conditional use approval under this subsection [§ 350-303D(2)(r)]. The Township Board of Supervisors shall consider both requests simultaneously. Any application shall be subject to the following standards:

Such modification of standards, criteria, or regulations better serves or serves equally but in a different manner the intended purposes of the (MUC) Zone.

The modifications of the standards will not alter the essential character of the development tract.

Such modifications of the standards will not result in adverse impact to adjoining properties, or future inhabitants and occupants of the (MUC) Zone.

The modifications of the standards will not increase the permitted gross floor area of an anchor use or large-scale anchor use beyond the requirement of the subsection above relating to elements of a mixed-use commercial development [§ 350-303D(2)(b)].

Designation and purpose statements. See Table 3-4.1 in this subsection below for the designations and purpose statements of the applicable business zones which are shown on the Official Zoning Map listed in Article I of this chapter relating to establishment of zones and Official Zoning Map (§ 350-108):

Table 3-4.1 Designation and Purpose Statements - Business Zones
Business Zone Name and Official Zoning Map and Text Symbols	Business Zone Purpose Statements
Commercial Recreation (CR) Zone	This primary purpose of the (CR) Zone is to provide for a wide range of commercial recreational activities that generate employment, retail trade, retail services, tourism and related dining/lodging and entertainment uses. Selected locations acknowledge prime access to major highways which will serve the commercial recreational uses without generating undue traffic congestion on the Township's rural road system. Design standards encourage, and seek to limit such uses within large integrated sites rather than individual freestanding businesses and recognize the need for flexibility for planned growth within such large integrated sites. The special review process is consistent with the MPC by encouraging innovation and promoting flexibility, economy and ingenuity in the development process.
Highway Commercial (HC) Zone	The primary purpose of the (HC) Zone is to provide suitable locations for a full range of retail, service, and entertainment businesses. The uses may involve outside activities and/or storage areas like automobile, boat and trailer sales, and service establishments. The uses provided in the (HC) Zone are meant to serve local residents, as well as those motorists passing through the Township. Access to these areas is provided by adjoining major roads. Specific setbacks are imposed upon outside storage areas to protect adjoining properties.
Industrial (IND) Zone	The primary purpose of the (IND) Zone is to provide for a wide range of industrial activities that contribute to the well-being of the Township by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the startup industries that are likely to emerge; however, larger and heavier industries have also been permitted. The (IND) Zone provides for light industrial uses as permitted by right, but requires obtainment of a conditional use for heavier and potentially more objectionable types of industrial uses. These areas have been located near existing public utility service areas and along major roads. Substantial setbacks are used to protect adjoining residences.

Permitted uses. See Table 3-4.2 in this subsection below for the types of uses permitted in the applicable business zones as set forth by this chapter. Uses are divided into those permitted by right listed as "P" (zoning decision by Township Zoning Officer); permitted by special exception listed as "SE" (zoning decision by the Township Zoning Hearing Board), and permitted by conditional use listed as "CU" (zoning decision by the Township Board of Supervisors). Many of the uses permitted by the above three categories must comply with certain criteria, which are found in Article V, Article VI, or elsewhere of this chapter. The specific section numbers of Article V, Article VI, or elsewhere of this chapter where the criteria are located are noted in the table. Uses not listed in the table below or identified by "NP" shall specifically not be permitted in the applicable business zones:

[Amended 9-15-2022 by Ord. No. 2022-4]

Table 3-4.2 Permitted Uses - Business Zones
Use	Business Zones			See Article V, VI, or elsewhere of this chapter for additional specific use regulations.
Use	(CR) Zone	(HC) Zone	(IND) Zone
Residential Uses
Single-family detached dwelling¹	P	P	P	N/A
Nonresidential Uses
Agricultural/Forestry Uses
Agricultural operation	P	P	P	§ 350-603
Boarding/riding stable	SE	NP	NP	§ 350-603
Crops/gardening (other than an agricultural operation)	P	P	P	N/A
Forestry (commercial timber operations)	P	P	P	§ 350-510
Kennel, boarding	NP	NP	P	§ 350-603
Commercial Uses
Adult-oriented business and/or related use	NP	CU	NP	§ 350-604
Animal hospital	NP	P	P	§ 350-604
Bank and other similar financial institution	NP	P	NP	N/A
Campground	SE	NP	NP	§ 350-604
Convenience store	NP	SE	NP	§ 350-604
Dry cleaner, laundry, and laundromat	NP	P	P	N/A
Flea market	NP	SE	NP	§ 350-604
Funeral home	NP	SE	NP	§ 350-604
Hotel/motel	SE	P	NP	N/A
Landscaping service	NP	P	P	N/A
Mini-storage	NP	SE	CU	§ 350-604
Nightclub	SE	CU	NP	§ 350-604
Office, professional and business	NP	P	P	N/A
Office, veterinary	NP	P	P	N/A
Personal service	SE	P	P	N/A
Recreation, commercial	SE	SE	NP	§ 350-604
Regional recreation attraction	CU	NP	NP	N/A
Restaurant	SE	P	NP	§ 350-604
Retail business	SE	P	P	§ 350-604
School, commercial	NP	P	P	N/A
Shooting range	NP	NP	P	§ 350-604
Shopping center	NP	CU	NP	§ 350-604
Shops for contractors	NP	P	P	N/A
Solar energy production facility	NP	NP	CU
Tavern/bar	SE	P	NP	§ 350-604
Vehicle filling station	NP	SE	SE	§ 350-604
Vehicle parking lot, light/medium duty	SE	P	P	N/A
Vehicle reconditioning, light/medium duty	NP	SE	SE	§ 350-604
Vehicle sales/rental, light/medium duty	NP	P	P	§ 350-604
Vehicle service/repair, light/medium duty	NP	SE	SE	§ 350-604
Vehicle storage lot, light/medium duty	NP	SE	SE	§ 350-604
Vehicle washing	NP	SE	SE	§ 350-604
Industrial and Other Similar Intensive Uses
Crematory facility	NP	NP	P	N/A
Excavation contractor	NP	NP	P	N/A
Industrial, general	NP	NP	CU	§ 350-605
Industrial, light	NP	P	P	N/A
Junkyard	NP	NP	CU	§ 350-605
Machine shop	NP	NP	P	N/A
Mineral extraction	NP	NP	CU	§ 350-605
Outside storage	NP	NP	P	§ 350-523
Research and development	NP	P	P	N/A
Sawmill	NP	NP	P	N/A
School, vocational	NP	P	P	N/A
Solid waste operations	NP	NP	CU	§ 350-605
Trailer sales, service and storage facility	NP	P	CU	§ 350-604R
Truck/motor freight terminal	NP	NP	CU	§ 350-605
Truck stop/travel plaza	NP	CU	CU	§ 350-605
Vehicle auction	NP	NP	CU	§ 350-605
Vehicle parking lot, heavy duty	NP	NP	P	N/A
Vehicle reconditioning, heavy duty	NP	NP	CU	§ 350-605
Vehicle sales/rental, heavy duty	NP	NP	CU	§ 350-605
Vehicle service/repair, heavy duty	NP	NP	P	§ 350-605
Vehicle storage lot, heavy duty	NP	NP	CU	§ 350-605
Warehousing, distribution and wholesaling	NP	NP	CU	§ 350-605
Institutional/Civic Uses
Clubhouse or lodge, private	P	P	P	§ 350-606
Community outreach center	NP	NP	CU	§ 350-606
Conservation area	P	P	P	N/A
Day care, commercial	NP	SE	P	§ 350-606
Government use other than municipal use	SE	SE	SE	§ 350-606
Hospital	NP	CU	NP	§ 350-606
Library	NP	P	NP	N/A
Municipal use	P	P	P	N/A
Museum	P	P	NP	N/A
Nursing, rest, and retirement facility	NP	P	NP	§ 350-606
Office, medical	NP	P	P	N/A
Park/playground	P	P	P	N/A
Place of religious worship	P	P	P	§ 350-606
Public utility structure	P	P	P	N/A
School, K-12	P	P	P	§ 350-606
School, professional, college, and university	NP	P	NP	N/A
Miscellaneous Uses
Billboard	NP	NP	CU	§ 350-607
Manure digester energy production facility	NP	NP	CU	§ 350-607
Telecommunications tower	NP	NP	CU	§ 350-607
Wind energy production facility	NP	NP	CU	§ 350-607
Communications antennas, structures, and equipment in street rights-of-way (co-location)	P	P	P	§§ 350-530 and 350-607
Communications antennas, structures, and equipment in street rights-of-way	CU	CU	CU	§ 350-607
Specific Accessory Uses
Accessory uses and structures customarily incidental and subordinate to the principal uses permitted in the applicable zone	P	P	P	N/A
Accessory employee dwelling	P	P	P	§ 350-608
Accessory family member dwelling	P	P	P	§ 350-608
Accessory retail sales of products produced on-site, provided the net retail sales area is no more than 10% of the gross floor area of the building	NP	NP	P
Agricultural product marketing/sales	P	P	P	§ 350-608
Bed-and-breakfast	SE	NP	NP	§ 350-608
Day care, family	P	P	P	§ 350-608
Drive-through facility for permitted use	SE	SE	P	§ 350-608
Helicopter pad, private	NP	P	P	§ 350-608
Home occupation	P	P	P	§ 350-608
Home occupation, no-impact	P	P	P	§ 350-608
Keeping of livestock, noncommercial	P	P	P	§ 350-608
Outside cafe/dining	P	P	NP	§ 350-608
Outside display	P	P	P	§ 350-608
Outside storage	P	P	P	§ 350-523
Recycling dropoff site	NP	P	P
Shopping cart storage	NP	P	P	§ 350-608
Telecommunications antenna	P	P	P	§ 350-530
Specific Temporary Uses
Seasonal sidewalk display	NP	P	P	§ 350-609

NOTES:
P	Permitted by right (zoning decision by Township Zoning Officer)
SE	Special exception use (zoning decision by the Township Zoning Hearing Board)
CU	Conditional use (zoning decision by the Township Board of Supervisors)
NP	Not permitted
N/A	Not applicable
¹	Existing as of January 25, 1994

Area and bulk requirements.[1]

See Table 3-4.3 for the area and bulk requirements for principal uses and development activities within the Commercial Recreation (CR) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-4.4 for the area and bulk requirements for accessory uses and development activities within the Commercial Recreation (CR) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-4.5 for the area and bulk requirements for principal uses and development activities within the Highway Commercial (HC) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

See Table 3-4.6 for the area and bulk requirements for accessory uses and development activities within the Highway Commercial (HC) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

(5)

See Table 3-4.7 for the area and bulk requirements for principal uses and development activities within the Industrial (IND) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

(6)

See Table 3-4.8 for the area and bulk requirements for accessory uses and development activities within the Industrial (IND) Zone, unless otherwise specified elsewhere in this chapter, including but not limited to Article V and Article VI.

Editor's Note: Tables 3-4.3 through 3-4.8, as referenced below, are included as attachments to this chapter.

Additional layout, design, and other standards.

Commercial Recreation (CR) Zone. The following regulations apply to the (CR) Zone:

Special review process. Prior to the issuance of a zoning permit for any of those uses permitted in the (CR) Zone as set forth in Table 3-4.2. in the subsection above (§ 350-304B), the applicant must comply with the following two-stage review process:

Stage 1 Concept Master Plan. Prior to, or coincidental with, the approval of a land development for any use or for development of any area contained within the (CR) Zone, the applicant shall submit a Concept Master Plan for conditional use approval by the Township Board of Supervisors in accordance with Article IX of this chapter relating to conditional uses (§ 350-906). The requirements of the (CR) Zone shall be used as the specific criteria for evaluating the conditional use application. Such Concept Master Plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:

The location, boundaries, dimensions, acreage, and ownership of the land to be included within the proposed use.

The specific types and mixture of uses proposed of the land to be included within the proposed use (a schematic drawing of proposed use types shall be provided).

The road network contained upon the land to be included within the proposed use including major points of access, intersections and any traffic improvements proposed to accommodate the proposed use.

The name, location, center line and present right-of-way width of all adjoining streets.

Significant existing environmental or topographic features when located within the subject tract as set forth in applicable preliminary/final plan information standards and requirements of the SLDO.

Any regional facilities that are proposed and will serve more than one lot within the proposed development. Examples of such facilities could include stormwater management devices, open space areas, pedestrian pathways, and wastewater or water facilities.

Other information illustrating that the basic concept of the proposed uses are well-integrated, functional, efficient and attractive.

Stage 2 site development plan. As part of the granting of a zoning permit for uses proposed and contained in the Concept Master Plan, the Township Zoning Officer shall review a site plan submitted by the applicant to determine that it complies with the approved Concept Master Plan and any applicable regulation. Upon determining compliance, the Township Zoning Officer shall issue the permit. Upon determining noncompliance, the Township Zoning Officer may reject the permit for cause and/or may require additional review by other Township Officials or their agents. Such site plan shall include but not be limited to the following:

Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter;

A textual and graphic description of how the proposed use(s) complies with the approved Concept Master Plan for the proposed development, plus any conditions of approval attached to the approved Concept Master Plan.

Industrial (IND) Zone. The following regulations apply to the (IND) Zone:

Optional development bonus incentives.

Developers of nonresidential development are encouraged to maximize the use of lot and enhance the management of stormwater in a manner that complements the Township's developing landscape. To that effect, the Township of Rapho offers an optional set of stormwater management enhancements above and beyond the requirements of the Township of Rapho and PA DEP tied with an increase in lot coverage via the granting of a conditional use by the Township Board of Supervisors. In this case, the base zone stipulates the type of uses permitted and the lot coverage standards; however, applicants may opt to obtain conditional use approval from the Township Board of Supervisors subject to specific stormwater management standards contained in the subsections below {§ 350-304D(2)(a)[2] through [4]}. This carries a prescribed increase in permitted lot coverage as an inducement to prospective developers. These optional standards may only be applied to the lot upon approval by the Township Board of Supervisors and written acceptance by the landowner of all requirements of this subsection [§ 350-304D(2)(a)] and any valid conditions of approval attached by the Township Board of Supervisors.

In order to enhance water quality and volume (above PA DEP and the Township of Rapho's requirements), the applicant shall utilize the list of accepted stormwater BMPs, including but not limited to the list below to develop a site plan exhibit demonstrating the location, size and number of proposed BMPs to the satisfaction of the Township Board of Supervisors. In addition, the exhibit shall demonstrate the tributary area to each BMP receives runoff:

Water quality inlet inserts in all inlets (i.e., snout, trash collecting insert or nutrient separator).

Place bioretention areas in parking areas and detention facilities.

Utilize curb openings in lieu of inlets in paved areas.

Disconnect storm sewer system by utilizing grass lined swales in place of conveyance pipes.

Place inlets in landscaped areas.

Separate roof drains from the storm sewer system and discharge directly to the detention basin or discharge point.

Distribute infiltration areas around the site.

Utilize porous pavement in parking areas.

In all cases, the proposed application shall utilize an Operation and Maintenance (O&M) Agreement that implements regular pavement sweeping, proper salt storage, maintaining an on-site spill kit with oil booms, regular visual inspection, assigning a responsible representative to execute O&M responsibilities and regularly scheduled reporting to the Township.