The Board of Supervisors shall hear and decide all requests
for conditional uses in those cases where this chapter indicates a
conditional use may be granted subject to compliance with the standards
and criteria prescribed and a finding by the Board that said use is
consistent with the purpose of this chapter and the Harborcreek Township
Comprehensive Plan. In granting a conditional use, the Board of Supervisors
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of the ordinance.
A.
The landowner shall file a request for the granting of a conditional
use along with all maps, plans, and text which may be necessary to
explain the development proposed and its compliance with the standards
and criteria of this chapter with the Zoning Administrator. Said request
shall be accompanied by a fee specified by the Board of Supervisors
and shall be filed in triplicate.
B.
The Board of Supervisors shall transmit one copy of the request as
well as all documentation to the Township Planning Commission for
recommendations.
D.
In granting a conditional use, the governing body may attach such
reasonable conditions and safeguards, in addition to those expressed
in the ordinance, as it may deem necessary to implement the purposes
of this chapter or the Pennsylvania Municipalities Planning Code.
E.
The governing body shall render a written decision or, when no decision
is called for, make written findings on the conditional use application
within 45 days after the last hearing before the governing body or
such time as permitted by the Pennsylvania Municipalities Planning
Code, as may be amended.
F.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefor. Conclusions based on any provisions of
this act or of any ordinance, rule or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found.
A.
Home occupations as defined in this chapter may be conducted where
permitted in accordance with the following conditions:
(1)
The home occupation shall be conducted solely by members of
the immediate family that reside in the dwelling unit except that
one nonresident may be employed.
(2)
There shall be no exterior evidence of the conduct of a home
occupation except for permitted signs. This shall include no exterior
storage of rubbish, junk or materials that may be generated by the
home occupation. In no way shall the appearance of the structure be
altered or the occupation within the residence be conducted in manner
which would cause the premises to differ from its residential character
either by the use of colors, materials, construction, lighting, signs,
or the emission of sounds, noises, odors and vibrations.
(3)
Not more than 25% of the primary dwelling unit shall be devoted
to home occupations.
(4)
The home occupation shall be conducted solely within the primary
dwelling unit and not within detached accessory structures.
(5)
The home occupation shall not involve the use of commercial
vehicles over two tons for delivery of materials to and from the premises.
The intent is to permit delivery vehicles such as United Parcel Service
vehicles but to exclude tractor-trailers and other large commercial
vehicles.
(6)
The use shall not generate noise, dust, fumes, odors, smoke,
glare, electrical interference, fire hazard, or any other hazard or
nuisance beyond that which normally occurs in an average residential
dwelling within the same zoning district where no home occupation
exists. With respect to electrical interference, no equipment or process
shall be used which creates visual or audible interference in any
radio or television receivers off the premises.
(7)
No home occupation shall cause an increase in the use of one
or more utilities (water, sewer or refuse disposal) so that the combined
total use for dwelling and home occupation purposes exceeds the average
for residences in the neighborhood.
(8)
Any persons patronizing the home occupation shall be provided
with suitable off-street parking facilities located on the property
of the home occupation.[1]
[1]
Editor's Note: Original Subsection A.9, Examples of uses
that are permitted in a home occupation, which immediately followed
this subsection, was repealed 11-18-2020 by Ord. No. 2010-200-24.
B.
Medical and dental services. Medical and dental offices are permitted
conditional uses in the "R-1," "R-2," and "R-3" Residential Districts
in accordance with the following conditions:
(2)
Maximum building size: total usable area cannot exceed 3,500
square feet. Usable area includes the space within the building needed
to conduct the proposed use, including corridors, entranceways, closets
and other storage areas directly related to the permitted use (crawl
spaces and attics are excluded).
D.
Nursing homes. Nursing homes are permitted as conditional uses where
specified and in accordance with the following requirements:
(1)
The minimum lot size in residential districts shall be 40,000
square feet with a minimum lot width of 200 feet.
(2)
The architectural character (design) of the structure is in
keeping with the general residential character of the neighborhood
where the nursing home is to be located.
(3)
Off-street parking space for visitors shall be provided on the
ratio of one space for every three beds plus additional spaces for
administrative personnel, doctors and other regular employees. One
space shall be provided for each employee based on the largest shift.
(4)
The illumination of parking areas, driveways and buildings and
the display of signs shall be placed in a manner that minimizes any
disturbance to the general residential character of the neighborhood.
(5)
The owner/developer of a proposed nursing home shall furnish
a detailed site plan for the facility showing the location of all
buildings, parking areas and driveways, signs, elevations of all buildings
etc., to the Zoning Administrator as part of the application requirement.
The site plan shall be prepared by a registered, professional architect
or engineer.
E.
Airports. Airports, including public, private use and personal facilities,
are permitted as a conditional use where specified and in accordance
with the following requirements. Airports shall include heliports
and seaplane bases.
(1)
The application for a conditional use for an airport shall include
the following minimum information:
(a)
Approval from the Bureau of Aviation, Pennsylvania Department
of Transportation (PennDOT), attesting to the safety and adequacy
of the proposed facility and that said facility has been inspected
by the Bureau and that it complies with all applicable regulations.
The Bureau is the licensing and certifying agency for the Commonwealth
of Pennsylvania.
(b)
Approval from the Federal Aviation Administration (FAA) certifying
that the proposed facility does not violate or conflict federal air
space per Part 157 of the Federal Air Regulations, as amended, as
well as any other clearances and/or approvals that may be required
by the FAA.
(c)
A detailed site plan for the proposed facility drawn to an appropriate
scale by a registered architect or engineer showing the location of
all runways, taxiways, hangers, other structures, takeoff and landing
zones, airport hazard areas, landing lights, wind indicators, etc.
(2)
In addition, personal and private use airports shall be for
the benefit of those persons owning and/or living on the immediate
premises and subject to the following conditions:
(a)
There shall be no sales of fuel or other aviation services (repair,
storage of other aircraft, etc.), including the sale of aircraft and/or
related parts or service for transient aircraft.
(b)
Providing flying lessons or conducting a flight school shall
not be a permitted operation or service.
(c)
No more than three personal aircraft shall be based on the facility.
F.
Fire stations. Fire stations are permitted as conditional uses where
specified and in accordance with the following requirements:
(1)
Minimum site size: 80,000 square feet; minimum width: 200 feet.
(2)
The building(s) shall be compatible both in design and function
with the general character of the area in which it is proposed to
be located.
(3)
A detailed site plan shall be prepared showing the location
of all buildings, parking areas, driveways, lighting, signs, building
elevations, etc.
(4)
Sufficient off-street parking area shall be provided to accommodate
fundraising and social activities which may be held within the building(s).
Examples of such activities include but are not limited to fundraising
events (bingo games, carnivals, dinners, etc.); social activities
(wedding receptions, banquets, private parties, etc). Off-street parking
standards shall be applied to the area that would be available for
such events and activities (i.e., the floor area of truck bays) plus
sufficient space for workers who are holding the event.
(5)
The illumination of buildings, parking areas, driveways, etc.,
shall be placed or directed to prevent glare from spilling over to
adjacent properties and to minimize any disturbance or inconvenience
to the general residential character of the neighborhood.
G.
Mineral extraction operations. Mineral extraction or mining operations,
including coal, limestone, sand, gravel and other open-pit surface
mining activities, are permitted as a conditional use where the governing
body finds, after a public hearing, that such use will not create
hazardous conditions to adjacent properties and will otherwise meet
the following conditions:
(1)
General provisions.
(a)
Prior to the issuance of a zoning permit, the owner/operator
of a mining operation shall file with the Zoning Administrator a copy
of all approved clearances, permits, plans and/or other documents
required by the Pennsylvania Department of Environmental Protection
per the Surface Mining and Reclamation Act (Act 418, P.L. 1198, as
amended).[2]
[2]
Editor's Note: See 52 P.S. § 1396.1 et seq.
(b)
In no case shall any operation on the site impede the flow of
natural watercourses.
(c)
All operations shall be conducted in a manner which will not
allow water to collect and/or create a stagnant water condition except
that stormwater retention facilities are permitted.
(2)
General setback requirements. The following are considered the
minimum acceptable setback distances from existing structures, roadways,
etc.. and as prescribed by Act 418, as amended[3]; and no operator shall conduct a surface mining operation
within these setbacks. However, PADEP may require a greater setback
or grant a variance for a lesser distance.
(a)
Public roadways and railroads: 100 feet from the existing right-of-way
line.
(b)
Occupied dwellings: 300 feet unless this distance is waived
by the owner thereof.
(c)
Public buildings and parks, schools, churches and other community
or institutional buildings: 300 feet.
(d)
Railroads: 100 feet from the existing railroad right-of-way.
(e)
Cemeteries: 100 feet from the property line(s) of the cemetery.
(f)
Existing streams: 100 feet from the present stream bank.
(g)
No stockpiles, spoil piles, refuse material, plant facilities
and processing and/or mining equipment shall be located within 50
feet of an existing property line where the adjacent property is not
owned or leased by the operator or unless the adjacent owner waives
the aforementioned setback.
(h)
Irrespective of the above setback requirements for Subsections
H(2)(a) and (b), twenty-five-foot setback shall be maintained from
all property lines where such structures are involved and the adjacent
property(ies) are not owned by the operator. The purpose of this provision
is to prevent mining up to a property line in situations where such
mining could take place without violating the 300-foot setback requirement
for existing structures, i.e., a structure could be located 350 feet
from its property line which could allow the operator to mine up to
the property line and still be within the required 300-foot setback
distance.
[3]
Editor's Note: See 52 P.S. § 1396.1 et seq.
H.
Racetracks. Racetracks (auto, horse, dog) are permitted as a conditional
use where specified and subject to the following requirements:
(1)
No racetrack shall be located closer than 500 feet to any residence.
(2)
A fence not less than eight feet in height shall be erected
around the racing facility, i.e., the racetrack, pit and/or stable
areas, grandstand, but excluding parking areas and access roads.
(3)
The owner or developer of a racetrack shall prepare a detailed
site plan showing the complete property, all parking areas and driveways
and access roads, proposed structures, the racetrack and related service
and/or support facilities.
(4)
The surface of the track shall be maintained in a dustfree condition
insofar as it is possible and in keeping with the proposed use.
(5)
Sufficient parking areas shall be provided for spectators and
participants and their crews' parking areas and access roads shall
be maintained in a dustfree condition insofar as it is possible. Also,
these areas shall be maintained so as to prevent the accumulation
of litter, refuse, etc. A parking space ratio of one space for every
three spectator seats, plus one space for each employee and two spaces
for each racing team.
I.
Research laboratories are permitted as conditional uses where specified
and subject to the following requirements:
(1)
The minimum lot size shall be 40,000 square feet and the minimum
lot width shall be 200 feet.
(2)
The owner/developer shall provide a detailed site plan prepared
by a registered architect or engineer showing the location of all
adjacent uses within 200 feet of the proposed property, the location
of all buildings and/or structure, parking areas and access roads
of driveways.
J.
Outdoor recreation facilities are permitted as conditional uses where
specified and subject to the following requirements:
(1)
The minimum site size shall be 40,000 square feet and the minimum
lot width shall be 200 feet.
(2)
The owner/developer shall prepare a detailed site plan showing
the location of all proposed structures, the location and orientation
of all recreation areas, facilities and related uses, the location
of all parking areas and driveways, the location of all signs and
lighting. Said plan shall be prepared by a registered architect, landscape
architect or engineer.
(3)
All outdoor lighting shall be directed away from abutting residential
properties.
(4)
All parking areas, driveways and grounds shall be so maintained
as to be free of litter and rubbish.
(5)
No structures and/or recreation areas shall be located within
50 feet of adjacent property lines.
(6)
The general operation of the facility shall be conducted in
such a manner that it does not detract from the general character
of the area where it is located nor shall it constitute a general
nuisance to the area.
K.
Wholesale operations and distribution facilities are permitted as
conditional uses where specified and subject to the following requirements:
(1)
The minimum site size shall be 40,000 square feet and the minimum
lot width shall be 200 feet.
(2)
The owner/developer shall prepare a detailed site plan showing
the location of all buildings, structures, parking areas and driveways,
signs and outdoor lighting. The plan shall include elevations of all
proposed buildings.
(3)
All parking and landscaped areas shall be maintained free of
litter and rubbish.
(4)
Outdoor lighting shall be directed away from adjacent properties.
L.
Batch or mixing plants for asphalt, cement, concrete, or other building
or chemical products are permitted as conditional uses and subject
to the following requirements:
(1)
The minimum site size shall be 80,000 square feet and the minimum
lot width shall be 200 feet.
(2)
The owner/developer shall prepare a detailed site plan showing
the location of all structures; storage or stockpile areas; parking,
loading and access roads; and other related facilities.
(4)
Such facilities shall also conform to all applicable state and/or
federal air pollution regulations.
M.
Sawmills, either temporary or permanent, are permitted as conditional
uses, subject to the following requirements:
(1)
The maximum number of employees at the sawmill operation shall
be limited to four persons including the owner.
(2)
Hours of operation shall be limited to the hours between 7:00
a.m. and 7:00 p.m. and from Monday through Saturday.
(3)
Access roads or driveways shall be located so as to minimize
possible vehicle conflicts due to large trucks entering and leaving
the site.
(4)
A site plan showing the location of the sawmill, lumber/timber
stockpile areas and all driveways or access roads shall be provided.
The plan shall be legibly prepared at a suitable scale of one inch
equals 400 feet or greater.
N.
Retail and eating and drinking places of no greater than 10,000 square
feet gross floor area (gfa) are a conditional use in the "LF" Lakefront
District, subject to the following conditions.
(1)
The developer shall present a sketch plan that includes elevations
or architectural perspective and illustrates that the proposed building
is architecturally compatible with the neighborhood. This sketch plan
shall show consistency with any design manual adopted by the Township
and the overall design standards of this district.
(2)
Must be located upon a public road or street.
(3)
Freestanding signs shall be limited to one sign of no more than
16 square feet or less for each yard fronting a public street.
(4)
No drive-through facilities shall be permitted.
(5)
The Township may limit the hours of operation as a reasonable
additional condition and safeguard.
(6)
The developer shall show that parking requirements can be met
on lot.
O.
Adult entertainment establishments are subject to the following requirements:
(1)
Purpose and legislative intent.
(a)
The location of adult entertainment establishments is of vital
concern to the Board of Supervisors of the Township of Harborcreek,
especially when the location is in areas where minors may learn, play,
pass by or would be exposed to the advertising, window displays or
general atmosphere accompanying the operation.
(b)
The Supervisors specifically find that these businesses tend
to cluster or concentrate in certain areas. Regulations are necessary
to prevent this clustering and concentrating in any one area so as
not to contribute to the downgrading of the surrounding neighborhood.
(c)
It is the intent of the Board of Supervisors in enacting these
regulations relative to adult entertainment establishments to exercise
that power which has been granted to them. The Supervisors do not
attempt or intend to absolutely prohibit adult entertainment establishments
in the Township but rather seek to regulate matters to promote, protect
and facilitate the public health, safety, morals and general welfare
of all of the residents of Harborcreek Township.
(2)
ADULT ENTERTAINMENT ESTABLISHMENTS
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Definitions. It is the purpose of this subsection to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist any interpretations of said provisions and to insure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be constructed as defined in the following subsections unless from the context a different meaning is clearly intended. The following definitions are intended to supplement the definitions contained in Article IV:
Shall include the following and any other business or establishment
which offers its patrons services or entertainment characterized by
an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade in books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations or performances by topless or bottomless dances, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five but less than 50 persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form or consideration or gratuity, feature models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration of gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis or depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to 95 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A "medical practitioner" for the purpose of this chapter shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
BOTTLE CLUBA place of assembly owned, maintained or leased for pecuniary gain in which no intoxicating liquors are sold, but where patrons are permitted to bring intoxicating liquors upon the premises for their own use and consumption.
MASSAGE ESTABLISHMENTAn establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
OUTCALL SERVICE ACTIVITYAn establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
SEXUAL ENCOUNTER CENTERAny business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner, as defined in Subsection (i) of this definition, licensed by the commonwealth to engage in sexual therapy.
As used herein shall mean and include any of the following:
Includes the following:
Actual or simulated intercourse, oral copulation, anal intercourse,
oral anal copulation, bestiality, direct physical stimulation of unclothed
genitals, flagellation or torture in the context of a sexual relationship,
and any of the following depicted sexually oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia;
or
Clearly depicted human genitals in a state of sexual stimulation
arousal or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation; or
Fondling or touching of nude human genitals, public region,
buttocks or female breasts; or
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain; or
Erotic or lewd touching, fondling or other contact with an animal
or by human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation.
(3)
Minimum spacing and proximity requirements:
(a)
No adult entertainment shall be located within 1,000 feet of
any other adult entertainment establishment.
(b)
No adult entertainment shall be located within specified distances
or certain land uses as set forth below:
(c)
The distance between any two adult entertainment establishments
shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior parcel line of
the adult entertainment establishment to the closest point on the
property line of said land use.
(4)
Visibility from the street. No person operating an adult entertainment
establishment shall permit, or cause to be permitted, any stock-in-trade
which depicts, describes or relates to specified sexual activities
and/or specified anatomical areas, as defined herein, to be viewed
from the street, sidewalk or highway.
P.
Bed-and-breakfast homestays are subject to the following conditions:
(1)
Lot size: 20,000 square feet per guest bedroom.
(2)
Maximum of six guest bedrooms.
(3)
No more than two adults and two children per bedroom.
(4)
Minimum of one full bath per every six guests.
(5)
Guest rooms must be located in the primary dwelling unit and
not in accessory structures.
(6)
No more than 40% of the primary dwelling can be devoted to the
bed-and-breakfast (guest bedrooms and baths).
(7)
If not served by public sewer and water, use must be approved
by the Erie County Health Department.
(8)
There shall be no changes to the external appearance of the
building other than normal upkeep.
(9)
No more than one employee outside of the resident family.
(10)
No cooking facilities within the guest rooms.
(11)
No guest can stay more than seven consecutive overnights.
(12)
Breakfast is the only meal served and to overnight guests only.
(14)
Parking requirements:
(a)
One space per guest room plus two for primary use.
(b)
Parking cannot extend into setback areas or in front of primary
dwelling.
(c)
Parking areas located to the side and rear of the structure
must be screened from the adjacent properties by a minimum five-foot-high
wood fence and/or by site-obscuring vegetation of the same height.
(15)
The architectural integrity and arrangement of the existing
interior spaces must be maintained and the number of guest rooms shall
not be increased, except as may be required to meet health, safety
and sanitation requirements.
(16)
A minimum of one inspection per year shall be performed by the
Zoning Administrator to assure compliance with all conditions.
Q.
Heliports and helistops are subject to the following conditions:
(1)
Heliports and/or helistops shall comply with the rules and regulations, inspections and licensing procedures of the Bureau of Aviation of the Pennsylvania Department of Transportation and any approvals and clearances that may be required by the Federal Aviation Administration (FAA) and be in conformance with the requirements of Chapter 120, Airport Zoning, of the Code.
(2)
Minimum landing areas.
(a)
The minimum tract size for heliports and/or helistops shall
be of sufficient size to meet the following requirements:
(b)
The site shall be approachable from at least two sides and provide
sufficient clearance as to allow takeoffs and landings from the outer
limits of the touch down pad at an 8:1 ratio. The approach lanes for
these landing facilities shall be considered or defined as an 8:1
incline plane in the direction of the designated approach and departure
flight paths, which shall be 200 feet in width and shall extend outward
500 feet from the outer edge of the landing pad.
(c)
A site located adjacent to a body of water shall have a rowboat
available at the site to aid possible rescue operations.
(d)
A wind direction indicator shall be provided at the site, and
in the case of night operation, the navigation facility shall be lighted.
R.
Emergency response facilities (ERF) are subject to the following
conditions:
S.
Essential service structure.
(3)
Maximum height is 200 feet.
(4)
Maximum lot coverage is 40%.
(5)
There shall be no exterior light other than what is required
by the FAA.
(6)
There shall be no commercial advertising on the structure.
(7)
There shall be no outside storage of equipment or vehicles.
(8)
If the location requires fencing for security purposes, the
fence shall be a minimum of eight feet high.
(9)
The access driveway shall be a minimum of 12 feet wide and covered
with a paved surface.
(10)
Owner shall submit a complete site plan indicating all of the
above.
T.
Retail and eating and drinking places of greater than 5,000 square
feet of gross floor area are subject to the following conditions:
(1)
The developer shall present a sketch plan that includes elevations
or architectural perspectives and illustrates that the proposed building
is architecturally compatible with the neighborhood. This sketch plan
shall show consistency with any design manual adopted by the Township
and the overall design standards of this district.
(2)
Freestanding signs shall be limited to one sign of no more than
16 square feet or less for each yard fronting a public street.
(3)
Drive-through facilities shall be permitted as an accessory
to commercial uses, provided:
(a)
All drive-through entrances shall be designed to minimize conflict
with the pedestrian customers of the business. The portion of any
drive-through land abutting a building may not intersect with a pedestrian
building entrance.
(b)
A solid wall of at least 24 inches in height shall be placed
along all parking and drive-though lanes that abut a sidewalk.
(c)
Under no circumstances shall any public street serve as a drive-through
lane.
(d)
All drive-though lanes shall have a capacity to stack at least
six cars waiting for service.
(4)
New commercial buildings shall not contain more than 20,000
square feet (above grade) and those with more than 15,000 square feet
of floor space (above grade) shall be of two-story construction.
(5)
Buildings in any existing commercial area shall generally be
located close together with minimal side yard areas, in order to form
a fairly continuous row of shop fronts.
(6)
The Township may limit the hours of operation as a reasonable
additional condition and safeguard.
(7)
The developer shall show that parking requirements can be met
on lot or through sufficient on-street parking within 300 feet of
the proposed development.
(8)
All commercial parking areas shall be either located in rear
yard areas or designed as traditional downtown on-street parking (parallel
or angle). No single off-street parking area may exceed 10,000 square
feet.
U.
Specialized animal raising and care shall be permitted where specified
and subject to the following requirements:
(1)
The minimum lot size shall be five acres and the minimum lot
width shall be 200 feet.
(2)
There shall be no stables, barns, pens, kennels, etc., located
within 50 feet of adjacent property lines.
(3)
The owner/developer shall prepare a detailed site plan for the
proposed facility and the property on which it will be located. The
plan shall show the location of all structures, pastures, pens, kennels,
etc., as well as any living quarters.
V.
Flea markets. To conform to conditional use standards, all flea markets
shall meet the following standards:
(1)
The operator of the flea market shall either be the property
owner or provide evidence of written permission (such as a lease agreement)
to utilize the property.
(2)
The operator shall submit a plan that details public parking
areas and the number and location of proposed seller stalls.
(3)
The operator shall have a contract with an approved waste hauler
and a minimum of one fifty-gallon-capacity solid waste receptacle
(or equivalent dumpster capacity) for every four proposed sellers.
W.
Agricultural processing industries and warehousing. The intent of
this conditional use is to allow for business that build the local
agricultural economy without creating industrial impacts upon neighboring
uses. The conditional use shall be subject to the following:
(1)
The applicant shall detail all processes used and any potential
noise or odor impacts.
(2)
No more than 10 employees shall be involved in processing or
retail operations.
(3)
No retail area or showroom shall be greater than 10,000 square
feet.
(4)
Hours of operation shall not exceed 9:00 p.m. for any on-site
retail sales.
X.
Motel or hotel is a conditional use in the "LF" Lakefront District,
provided the following standards are met.
(1)
The developer shall present a sketch plan that includes elevations
or architectural perspectives and illustrates that the proposed building
is architecturally compatible with the neighborhood. This sketch plan
shall show consistency with any design manual adopted by the Township
and the overall design standards of this district.
(2)
No portion of a building used for a motel shall be within 200
feet of a preexisting single-family dwelling.
Y.
Commercial marinas as a conditional use in the "LF" Lakefront District
may include facilities for storing, fueling, and servicing recreational
boats, and may also include eating, sleeping and retail facilities
for owners, guests, and crews.
(1)
Main access to all commercial and retail facilities shall be
from the water. All vehicular parking areas shall be incidental.
(2)
No portion of the marina facility may be within 200 feet of
a preexisting single-family dwelling. All areas that abut residential
uses shall be screened with a vegetative barrier of natural or planted
materials.
(3)
All outdoor storage yards shall be screened with an opaque wooden
or vinyl fence of at least six feet in height.
Z.
Senior citizen housing in the "LF" Lakefront District is a conditional
use for the expressed purpose of meeting the community needs of affordable
housing for persons age 55 or over under the following standards:
(1)
The developer will certify that all residents will be age 55
or over, as defined.
(2)
The minimum lot size shall be five acres.
(3)
The maximum density of development shall be 16 dwelling units
per acre.
(4)
No such multiple-family dwelling shall be located within 100
feet of a preexisting occupied single-family dwelling.
AA.
Fraternity and sorority houses are a conditional use in the "R-4"
and "PU" Districts, provided the following standards area met.
BB.
Stadiums and sports fields can have a tremendous impact during events
and are a conditional use. The following requirements must be met:
(1)
Present a means to ensure that the normal flow of traffic to
stadium events will avoid the utilization of local streets and predominantly
single-family dwellings in residential districts.
(2)
No stadium or sports field shall be located within 200 feet
of an "R-1," "R-2A," "R-2B" Residential District.
(3)
Present a plan for management of noise through screening and
buffering.
