Township of Penn, PA DISTRICT REGULATIONS

§ 27-201 Purposes of the Zoning Districts.

[Ord. No. 2022-01, 1/10/2022]

The zoning districts designated on the Penn Township Zoning Map and this chapter are intended to serve the purposes described as follows, in addition to serving the overall objectives of this chapter, the Comprehensive Plan and the MPC:

District		Major Purposes
A.	CN Conservation District	Protect environmentally sensitive areas of the Township, including concentrations of steep slopes, streams, creek valleys, and woodlands of the Furnace Hills, by restricting the amount of development potential on these lands. Satisfy § 604(1) of the MPC,[1] which requires local zoning ordinances to "promote, protect and facilitate [the] preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains." Be a sending area for transfer of development rights in order to promote desirable development within the Township's growth area.
B.	AG Agricultural District	Promote the continuation and preservation of agricultural activities in those areas most suitable for such activities.
		Protect and stabilize the Township's viable agricultural economy by eliminating uses that are incompatible with farming, and minimizing the encroachment of intensive nonagricultural development, while permitting limited agricultural support businesses.
		Meet the objectives of the MPC, which provides that local zoning ordinances shall be designed "[t]o preserve prime agriculture and farmland considering topography, soil type and classification, and present use."[2]
		Be a sending area for transfer of development rights in order to promote desirable development within the Township's growth area.
C.	SR Suburban Residential District	Accommodate conventional, low-density residential development outside of the Township's urban growth area, where public sewage service does not typically exist and where public water service is less common.
D.	V Village District	Accommodate a portion of the Township's future growth, while preserving and enhancing the economic viability and physical character of the Villages of Penryn and Elm.
		Promote a mix of residential and lower intensity nonresidential uses to serve the local residential and agricultural population.
		Promote the adaptive reuse of existing buildings and enhance the village's traditional development pattern in new development.
		Create opportunities for safe pedestrian travel.
		Serve as a receiving area for transfer of development rights.
E.	RM Medium Density Residential District	Serve as a growth area for the Township, and provide for development conducive to the efficient use of land, infrastructure, and resources.
		Allow for the creation of compact, walkable neighborhoods that are predominantly residential.
		Encourage a variety of types of housing to serve the needs of different types and ages of households.
		Encourage compact traditional neighborhood development, including encouraging innovation in integrated, mixed-use and pedestrian-oriented neighborhoods; encouraging a more efficient use of land; establishing public green areas; minimizing traffic congestion; and fostering a sense of place and community.
		Emulate sound land use for compact, walkable development.
		Serve as a receiving area for transfer of development rights.
F.	MU Mixed-Use District	Serve as a growth area for the Township, and encourage a density conducive to the efficient use of land, infrastructure, and resources.
		Provide opportunities for mixed-use development that will accommodate a variety of residential, commercial, office, and other business uses in a traditional neighborhood pattern that is compact, walkable, and provides for a safe, functional and visually pleasing streetscape.
		Direct most nonresidential development to areas where there can be efficient use of existing and planned infrastructure.
		Include design standards to promote traditional neighborhood development.
		Emulate sound land use for compact, walkable development as depicted in Appendix 27-A.[3]
		Serve as a receiving area for transfer of development rights.
G.	COM Commercial District	Serve as a growth area for the Township, to be developed at a density considered conducive to the efficient use of land, infrastructure, and resources.
		Provide effective opportunities for infill development, mixed-use development, and redevelopment, particularly along older commercial corridors.
		Accommodate commercial and mixed-use development and redevelopment in a manner that promotes walking and bicycling and is visually compatible with adjoining residential areas.
		Promote the infill and redevelopment of the intersection of Route 72 and Sun Hill Road as an identifiable place within the Township.
		Minimize the width and number of curb cuts along the corridor in order to provide safer vehicular and pedestrian circulation, and provide the opportunity for a streetscape enhanced with landscaping, decorative streetlighting, and well-designed buildings located adjacent to the sidewalk.
		Accommodate most of the Township's new nonresidential development for the foreseeable future in order to promote the best utilization of existing and planned infrastructure in the urban growth area.
		Include design standards which provide for traditional neighborhood development (TND).
		Emulate sound land use for compact, walkable development.
		Serve as a receiving area for transfer of development rights.
H.	LC Limited Commercial District	Accommodate the specialized uses associated with the automobile industry in Penn Township. Auto auctions, auto courts, vehicle repair and reconditioning shops, as well as other commercial services and sales are expected.
		Continue the enhancement and redevelopment of the Route 72 corridor into a safer, better functioning, and physically cohesive thoroughfare.
		Include design standards which provide for TND.
I.	Q Quarry District	Accommodate areas of the Township appropriate for quarrying and the processing of quarry raw materials, and to provide reasonable standards for quarry operations while protecting the value and use of surrounding properties.
J.	I Industrial District	Promote a variety of industrial activities that contribute to the economic engine of the Township and provide employment opportunities, while ensuring adequate protections for the value and enjoyment of surrounding properties.
K.	CLI Commercial/Light Industrial District	To provide for light industrial uses that are compatible with nearby dwellings, and a range of commercial uses.

[1]

Editor's Note: See 53 P.S. § 10604(1).

[2]

Editor's Note: See 53 P.S. § 10604(3).

[3]

Editor's Note: So in original.

§ 27-202 Use Regulations.

(Reserved)

Allowed Uses in Primarily Agricultural, Conservation. or Residential Districts.

Table 27-202.3 Allowed Uses in Primarily Agricultural, Conservation or Residential Districts
Uses (See definitions in § 27-112)	Zoning Districts
Uses (See definitions in § 27-112)	CN	AG	SR	RM	VI
A. RESIDENTIAL USES²
Age-Qualified Residential Development, which may include any housing types allowed in the district, and which also meets § 27-202.8³	N	N	N	P	P
Apartment, One in Combination with an Allowed Principal Commercial Use	N	N	N	N	P
Boardinghouse (See § 27-402)	N	N	N	N	N
Cluster (Open Space) Development Option in compliance with § 27-402	N	N	SE	SE	SE
Congregate Care Retirement Community (See § 27-402)	N	N	N	SE	N
Two-Family Conversion of a One-Family Dwelling that existed prior to January 1, 2021 (See § 27-402) (See also Accessory Dwelling Unit for Relative Under Accessory Uses or Adaptive Reuse below)	N	P⁴	P⁴	P⁴	P⁴
Group Home within a lawful dwelling unit (See § 27-402), not including a Treatment Center	P	P	P	P	P
Live-Work Unit (See § 27-402)	N	N	N	TND	TND
Manufactured (Mobile) Home Park (See § 27-402)	N	N	SE	N	N
Multifamily (Apartment) Dwellings, other than conversion of an existing one-family dwelling into additional dwellings (See § 27-402)	N	N	N	SE	TND
Single-Family Detached Dwelling (For Manufactured (mobile) homes, See § 27-402)	P	P	P	P	P
Single-Family Semidetached Dwelling	N	N	N	P	P
Townhouses (Single-Family Attached Dwellings) (See § 27-402 under Dwelling Unit Standards)	N	N	N	P	TND
Traditional Neighborhood Development Option in compliance (See § 27-402)	N	N	N	SE	SE
Transient Residence	N	N	N	N	N
Two-Family Dwelling	N	N	N	P	P
B. COMMERCIAL USES (See also under accessory uses on a following page).
Adaptive Reuse of Existing Buildings on Historic Farmsteads (See § 27-402)	N	SE	SE	SE	SE
Airport (See also "Heliport") (See § 27-402)	N	C⁷	N	N	N
Animal Day Care	SE	SE	N	N	N
Bed-and-Breakfast Inn (See § 27-402)	SE	SE	SE	SE	SE
Campground, other than a Recreational Vehicle Campground (See § 27-402)	SE	N	N	N	N
Crafts or Artisan's Studio	N	N	N	N	SE
Financial Institution, which may include drive-through service	N	N	N	TND	SE
Golf Course (See § 27-402), with a 20-acre minimum lot area	P	N	P	P	P
Kennel, Boarding or Breeding (See § 27-402)	SE	SE	N	N	N
Offices (See also as a Home Occupation under Accessory Uses)	N	N	N	TND	P
Personal Service Use (such as barber or beauty shop or tailor)	N	N	N	TND	P
Plant Nursery or Tree Farm, with on-site retail sales limited to items primarily grown on the premises	P	P	P	P	P
Recreation, Commercial Outdoor, other than uses listed separately in this table	SE	N	N	N	N
Target Range, Firearms (See § 27-402)	N	SE⁶	N	N	N
Target Range, Personal, with a 5-acre minimum lot area and a sufficient physical barrier to protect public safety, and that meets state setbacks from a building	N	P	N	N	N
C. INSTITUTIONAL/SEMIPUBLIC USES
Cemetery (not including Crematorium) (See § 27-402)	P	P⁵	P	P	P
College, University or Seminary - Educational, Recreational, Office, and Support Uses (Dormitories are regulated as boardinghouses)	N	N	N	N	P
Community Center, noncommercial	P	P	P	P	P
Community Recreation Center, Cultural Center or Museum	N	SE	SE	SE	P
Day-Care Center (See § 27-402) (See also as accessory use)	N	N	N	N	P
Hunting or Fishing Club (Firearms Target Ranges are regulated separately), with a 5% maximum impervious cover	P	P	P	P	P
Membership Club (See § 27-402) (other than a Hunting or Fishing Club)	N	N	N	N	SE
Nursing Home, Personal Care/Assisted Living Facility or Hospice (See § 27-402)	N	N	N	SE	N
Place of Worship (See § 27-402) (includes Church)	N	SE	SE	P	P
School, Public or Private, Primary or Secondary (See § 27-402)
- With a lot area of 4 acres or less	N	P	P	P	P
- With a lot area of more than 4 acres	N	N	SE	SE	SE
D. PUBLIC/SEMIPUBLIC
Township Government Uses	P	P	P	P	P
Government Facility, other than uses listed separately in this Table	SE	SE	SE	SE	SE
Publicly Owned or Operated Recreation Park	P	P	P	P	P
Public Utility Facility, other than uses listed separately in this Table	SE	SE	SE	SE	SE
Swimming Pool, Nonhousehold (Indoor or outdoor)	P	P	P	P	P
E. ACCESSORY USES (See also § 27-202.5 below for accessory uses allowed in all districts.)
Accessory Camping Site, with 20-acre minimum lot area, without any permanent building (See § 27-302)	P	P	N	N	N
Accessory Dwelling Unit for Relative (See § 27-402)	P	P	P	P	P
Burner, Outdoor (See § 27-302)	N	P	N	N	N
See additional allowed accessory uses and requirements in §§ 27-202 and 27-302 for specific Accessory Uses.
Bus Passenger Shelter (See § 27-304)	P	P	P	P	P
Communications Antennas meeting § 27-402 pertaining to accessory antenna placed on certain existing structures, or a "Small Wireless Facility" within a street right-of-way	P	P	P	P	P
Communications Tower, Commercial (See § 27-402), or other antennas that are not allowed as accessory antennas under § 27-402	N	SE	N	N	N
Day-Care Center accessory to and on the same lot as an existing lawful Place of Worship or School	N	P	P	P	P
Day Care (See § 27-402) as accessory to a dwelling of the following number of persons, in addition to children or grandchildren of the on-site caregiver:
- Day-care of a maximum of 3 persons	P	P	P	P	P
- Family Day-Care Home (4 to 6 children), which shall be limited to a single-family detached dwelling	SE	SE	SE	SE	SE
- Group Day-Care Home (7 to 12 children)	N	N	N	N	N
Home Occupation, General (See § 27-302)	SE	SE	SE	SE	SE
Home Occupation, Low-Impact (See § 27-302)	P	P	P	P	P
Retail Sale of Agricultural Products (See § 27-302.18)	P	P	P	P	P
Temporary Commercial Uses — Shall meet the requirements of §§ 27-702.16 and 27-302, which allows some uses as permitted by right, and requires special exception approval in other cases. See also "Food Truck" in § 27-326.
Wind Turbine, maximum of one on a lot as an accessory use (See § 27-402)	P	P	SE	SE	SE
Wind Turbine, other than above, such as two or more turbines on a lot (See § 27-402)	N	N	N	N	N
F. PRIMARILY AGRICULTURAL USES AND RELATED USES
Agritourism Business (See § 27-402, which may require special exception approval for certain uses in the AG District.)	SE	P	SE	SE	SE
Anaerobic digester, accessory to a principal agricultural use of 20 or more acres (See § 27-402)	N	SE	N	N	N
Crop Farming, Noncommercial Greenhouses or Community Garden	P	P	P	P	P
Farm-Related Business (See § 27-402), as an accessory use	P	P	SE	SE	SE
Farm Worker Housing, Temporary (See § 27-402), as an accessory use	N	SE	N	N	N
Feed or Grain Mill that is not "Large-Scale"	N	P	N	N	N
Feed or Grain Mill, Large Scale (See § 27-402)	N	SE	N	N	N
Forestry (Includes Timber harvesting; See § 27-402)	P	P	P	P	P
Livestock and/or Poultry, Commercial Operation (See § 27-402):
- Concentrated Animal Feeding Operations (CAFO) or Concentrated Animal Operation (CAO) as defined by DEP regulations	N	SE	N	N	N
- Other than a CAFO or CAO	P	P	P	P	P
Mushroom Operations, Commercial (See § 27-402)	N	SE	N	N	N
Processing of Agricultural Products produced on-site as a customarily accessory use	P	P	P	P	P
Processing, bottling and packaging of Dairy Products, Eggs and similar agricultural products and accessory trucking and warehouse operations, with a 10 min. acre lot area	N	SE	N	N	N
Winery (See § 27-402)	P	P	P	P	N
G. MISCELLANEOUS USES
Groundwater or Springwater Withdrawal Averaging More than 100,000 gallons per day, for off-site use (See § 27-402)	SE	SE	SE	SE	SE
Medical Marijuana Grower/Processor (See § 27-402)	N	N	N	N	N
Nature Preserve or Environmental Education Center	P	P	P	P	P
Parking Lot as the Principal Use of a Lot, not including a lot that primarily serves commercial trucks	N	N	N	N	SE
Solar Energy Collection Systems on roofs or over parking lots, or covering other areas that involve up to 10% of the lot area. (See § 27-402)	P	P⁵	P	P	P
Stable, Commercial (See § 27-402)	P	P	P	P	SE
Water Supply Wells, Storage and Treatment Facilities	P	P	P	P	P

KEY:

P = Permitted by right (determination by the Zoning Officer)

N = Not allowed

SE = Allowed by special exception (Zoning Hearing Board approval)

C = Allowed by conditional use

(See § 27-) = See additional requirements in the referenced section.

TND = Shall only be allowed within an approved Traditional Neighborhood Development.

NOTES:
¹	See limits on hours of operation in § 27-202.7.
²	Any existing lawful dwelling unit may be reconstructed if it is destroyed or severely damaged by fire or a force of nature, provided that no new nonconformities are created.
³	A developer may choose to place age restrictions on housing in any district, but this provision addresses when zoning incentives are provided.
⁴	Limited to the conversion into a maximum of two dwelling units of a single-family detached dwelling that existed with 3,000 square feet of existing habitable floor area prior to January 1, 2021.
⁵	Limited to a maximum of two acres of soils with an agricultural capability class of 1, 2 or 3.
⁶	A 300-foot setback shall apply from a residential district, unless a stricter requirement is established by another provision of this chapter.
⁷	Limited to use by a single aircraft per day.

Allowed Uses in Primarily Business Districts.

Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 27-403), any land or structure shall only be used or occupied for a use specifically listed in Table 27-202.4 as being allowed in the Zoning District where the land or structure is located. Such uses shall only be allowed if the use complies with all other requirements of this chapter.

For manufacturing uses, the types of uses listed in this Part correspond approximately to the categories of the North American Classification System, administered by the U.S. Department of Commerce. In case of question about the categorization, such system shall be consulted.

Table of Allowed Uses.

Table 27-202.4 Allowed Uses in Primarily Business Districts
Types of Uses (See definitions in § 27-112)	Zoning Districts
Types of Uses (See definitions in § 27-112)	MU	COM	LC	CLI	I	Q
A. PRIMARILY RESIDENTIAL USES²
Boardinghouse (See § 27-402)	N	SE	N	N	N	N
Dormitory for 5 or more full-time students	N	SE	N	N	N	N
Group Home within a lawful dwelling unit (See § 27-402), not including a Treatment Center⁷	P	P	P	N	N	P
Live-Work Unit (See § 27-402)	P	P	P	N	N	N
Manufactured (Mobile) Home Park (See § 27-402)	N	N	SE	N	N	N
Multifamily Dwellings (See § 27-402), which shall be in the same building or on the same lot as allowed nonresidential uses	P⁸	P	N	N	N	N
Single-Family Detached Dwelling [Note: Manufactured (mobile) homes shall meet the additional requirements of § 27-402]	P	P	P	N	N	N
Single-Family Semidetached Dwelling or Two-Family Dwelling	P	N	N	N	N	N
Townhouse (Single-Family Attached Dwelling) (See § 27-402 under Dwelling Units by Type)	P	N	N	N	N	N
Transient Residence	N	P	P	N	N	N
Traditional Neighborhood Development (See § 27-402)	SE	SE	N	N	N	N
B. PRIMARILY COMMERCIAL USES
Adaptive Reuse of Existing Buildings on Historic Farmstead (See § 27-402)	SE	SE	SE	SE	SE	SE
Adult Use (See § 27-402)	N	N	SE	N	N	N
After-Hours Club - To the extent this use is not already prohibited by State Act 219 of 1990	N	N	N	SE⁶	SE	N
Airport (See also "Heliport")	N	N	N	N	N	C
Amusement Arcade (See § 27-402)	P	P	P	N	N	P
Amusement Park or Water Park	N	SE	N	P	P	SE
Auto Auctions or Auto Storage Compounds (See § 27-402)	N	SE	SE	N	N	N
Auto, Boat or Mobile/Manufactured Home Sales (See § 27-402) Note - Heavy Equipment Sales and Service is a separate use (See § 27-402)	N	SE	SE	SE	N	N
Auto Body Shop, Auto Court, Auto Reconditioning or Auto Repair Garage (See § 27-402) Note - Heavy Equipment Sales and Service is a separate use (See § 27-402)	N	SE	SE	SE	SE	N
Auto Service Station, which may occur with a convenience store, and which may also include fueling of vehicles using hydrogen, liquefied natural gas, propane or similar fuels (See § 27-402). This use shall not include a "Truck Stop."	SE⁹	N	SE	N	SE	N
Bed-and-Breakfast Inn (See § 27-402)	P	P	P	P	P	P
Bus Maintenance or Storage Yard	N	P	P	P	P	N
Bus, Taxi or Passenger Rail Terminal	P	P	P	P	P	N
Campgrounds (See § 27-402)	SE	SE	SE	P	P	P
Car Wash, which shall be designed to not allow water to freeze on streets	P	P	P	P	P	N
Catering, Custom, for Off-Site Consumption	P	P	P	P	P	P
Communications Antennas, Commercial (See § 27-402), limited to an antenna attached to specified types of structures by § 27-402, or a "Small Wireless Facility" within a street right-of-way	P	P	P	P	P	P
Communications Tower, Commercial (See § 27-402), other than antennas on certain existing structures that are permitted by right by § 27-402	SE	SE	SE	SE	SE	SE
Conference Center or Exposition Center	P	P	P	P	P	P
Construction Company or Tradesperson's Headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as Home Occupation.	P	P	P¹⁰	P	P	N
Convenience Store, which may be combined with an Auto Service Station only if the if the requirements for an Auto Service Station are met and if an Auto Service Station is allowed in the district	P	P	P	P	P	N
Crafts or Artisan's Studio	P	P	P	P	P	P
Custom Printing, Copying, Faxing, Mailing or Courier Service and similar services to businesses	P	P	P	P	P	P
Data Center, which may include an Internet Server Building	P	P	P	P	P	N
Dog Day Care - See Animal Day Care
Dry Cleaner, Laundry or Laundromat (See § 27-402)	P	P	P	P	P	N
Exercise Club (See § 27-402)	P	P	P	P	P	N
Financial Institution; includes banks, and which may include "drive-through facilities"	P	P	P	P	P	N
Flea Market/Auction House (See § 27-402)	P	P	P	P	P	N
Food Truck (includes Trailer). In addition, a food truck may: a) operate at any location for less than 20 minutes per day, b) as accessory to an on-site commercial use that operates in a building, or c) for Township-approved special events (See § 27-326)	P	P	P	N	N	N
Funeral Home (See § 27-402; crematorium listed separately under Institutional Uses)	P	P	P	P	P	N
Gaming Facility, State-Licensed, other than small games of chance allowed under state law and the state lottery, which are accessory uses. This type of facility shall be limited to off-track betting and shall not include a casino, mini-casino or slot machines. It shall meet the same minimum setback requirements as are established for a Medical Marijuana Dispensary in § 27-402.	N	N	C	N	N	N
Gas Station - See "Auto Service Station" in this table.
Golf Course (See § 27-402)	P	P	P	P	P	P
Heliport (See § 27-402 under Airport/Heliport)	N	SE	N	SE	SE	SE
Heavy Equipment Sales and Service (See § 27-402)	N	SE	SE	SE	N	SE
Horse Racetrack	N	N	P	N	N	N
Hotel or Motel	P	P	P	P	P	N
Kennel, Breeding or Boarding (See § 27-402)	N	SE	SE	SE	SE	SE
Laundry, Industrial-Scale	N	P	N	P	P	N
Lumber Yard	P	P	P	P	P	N
Medical Marijuana Dispensary (See § 27-402)	N	N	N	SE	N	N
Microbrewery (Brewery Pub) or Microdistillery (which may be in combination with a restaurant or tavern)	P	P	P	P	N	N
Motor Vehicle Racetrack, Outdoor	N	N	SE⁶	N	N	N
Nightclub (See § 27-402)¹¹	SE	SE	N	SE	SE	P
Office (May include medical clinics or labs)	P	P	P	P	P	P
Personal Services (includes tailoring, check cashing, custom dressmaking, haircutting/styling, dog grooming, travel agency, dry-cleaning, shoe repair, "massage therapy, certified" and closely similar uses)	P	P	P	P	P	P
Plant Nursery or Tree Farm, with a retail sales of items not primarily grown on the premises only allowed if a Retail Store is also allowed	P	P	P	P	P	P
Produce Auction (See § 27-402)	P	P	P	P	P	P
Propane or Liquefied Gas Retail Distributor, with up to 10,000 gallons of storage, and with Fire Company review. Prepackaged sales are also allowed as accessory to a retail store or gas station	N	N	SE	SE	SE	SE
Recording Studio, Music	P	P	P	P	P	N
Recreation, Commercial Indoor (includes bowling alley, roller or ice skating rink, batting practice, and closely similar practice, and closely similar uses); other than uses listed separately in this Part 4	P	P	P	P	P	P
Recreation, Commercial Outdoor (including miniature golf course, golf driving range, archery, horseback riding, paintball and closely similar uses); other than uses listed separately in this Subsection 4.	P	P	P	P	P	P
Repair Service, Household Appliance	P	P	P	P	P	N
Restaurant (includes Banquet Hall), other than a Tavern or Nightclub
- with drive-through service (See § 27-402)	SE¹¹	SE¹¹	N	SE¹¹	N	N
- without drive-through service.	P	P	P	P	P	N
(Food Trucks are listed separately below.)
Retail Store (not including uses listed individually in this Subsection 4). This use may include rental of items, check cashing, a pawn shop or a retail bakery. If a retail store involves more than 100,000 square feet of building floor area per establishment, it shall need conditional use approval and be limited to the COM or LC Districts (See § 27-402).	P	P	P	P	N	N
Self-Storage Facility (See § 27-402)	P	P	P	P	P	N
Septic System Contractors, not including on-site sewage treatment	N	P	N	P	P	N
Shopping Center (See § 27-402). A retail store of over 100,000 square feet of floor area shall also meet the requirements listed under Retail Stores above.	P	P	P	P	N	N
Target Range, Firearms
- Completely indoor, enclosed and soundproofed	P	P	P	P	P	P
- Target Range, Personal, with a 5-acre minimum lot area and a sufficient physical barrier to protect public safety, and that meets state setbacks from a building	N	N	SE	N	N	SE
- Other than above (See § 27-402)	N	N	N	N	N	SE⁵
Tattoo Parlor or Body Piercing (other than temporary tattoos or ear piercing, which are personal service uses) (See § 27-402)	N	SE	N	N	N	N
Tavern, other than a Nightclub (See § 27-402 under "Nightclub or Tavern")¹¹	P	P	P	P	N	N
Television or Radio Broadcasting Studios	P	P	P	P	P	N
Theater, Indoor Movie or Live Theater, other than an Adult Establishment	P	P	P	P	P	P
Trade/Hobby School	P	P	P	P	P	P
Truck Stop (See § 27-402)	N	N	SE⁶	N	N	N
Veterinarian Office (See § 27-402)	P	P	P	P	P	P
Visitor Center providing education and promotional information	P	P	P	P	P	P
Wholesale Sales - See under Industrial Uses
C. PRIMARILY INSTITUTIONAL/SEMIPUBLIC USES
Cemetery, Limited to Accessory to a Place of Worship (See Crematorium listed separately)	N	N	N	N	N	N
College or University - Educational, Recreational, Office or Support Uses (See also Residential Uses, which are addressed separately)	P	P	P	P	P	N
Community Recreation Center, non-profit, or Library	P	P	P	P	P	P
Crematorium, with a 300-foot setback from: a) any existing dwelling on another lot, or b) the lot line of undeveloped land in a residential district	SE	SE	N	SE	N	SE
Criminal Halfway House (See § 27-402)	N	N	N	C	C	N
Cultural Center or Museum	P	P	P	P	P	P
Day-Care Center, Adult or Child (See § 27-402) (See also as an accessory use)	P	P	P	SE	SE	P
Dormitory - See under Residential Uses in this table
Emergency Services Station or Training Facility	P	P	P	P	P	P
Hospital or Surgery Center or Related Testing and Treatment Facilities	P	P	P	P	P	N
Membership Club meeting and noncommercial recreational facilities, provided that such use shall not be open between 2:00 a.m. and 6:00 a.m., and provided that such use shall only be allowed in combination with another use if the other use is allowed in that district and if the requirements for that use are also met. (See § 27-402)	P	P	P	P	P	P
Nursing Home or Personal Care Home/Assisted Living Facility or Hospice (See § 27-402)	P	P	P	N	N	N
Place of Worship (See § 27-402) (includes Church)	P	P	P	P	P	P
School, Public or Private, Primary or Secondary (See § 27-402)	P	P	P	P	P	N
Temporary and/or Emergency Shelter (See § 27-402 under Treatment Center, etc.)	N	N	N	C	C	N
Transitional Housing (See § 27-402)	N	N	N	C	C	N
Treatment Center (See § 27-402)	N	N	N	C	C	N
D. PRIMARILY PUBLIC/SEMIPUBLIC USES
Township Government Uses and Facilities, such as Public Works Facilities	P	P	P	P	P	P
Government Facility, other than offices and other than uses listed separately in this Table	P	P	P	P	P	P
Prison or Similar Correctional Institution	N	N	N	C⁶	C	N
Publicly Owned or Operated Park	P	P	P	P	P	P
Public Utility Facility, other than Township-owned facilities and other than uses listed separately in this Part	SE	SE	SE	P	P	SE
Sewage Pump Stations	P	P	P	P	P	P
Swimming Pool, Nonhousehold	P	P	P	P	P	P
U.S. Postal Service Facility or Substation	P	P	P	P	P	P
E. INDUSTRIAL USES
Asphalt Plant	N	N	N	SE⁶	N	SE
Assembly or Finishing of Products Using Materials produced elsewhere (such as products from plastics manufactured off-site)	N	P	N	P	P	N
Building Supplies and Building Materials, Wholesale Sales of	N	P	P	P	P	N
Distribution Center as a principal use (See § 27-402), not including a Trucking Company Terminal	N	N	N	SE⁶	SE	N
Electric Power Generating Plant (Other than: Putrescent Solid Waste to Energy which is listed under Industrial Uses and Solar Energy or Wind Turbines which are listed under Miscellaneous Uses)	N	N	N	SE⁶	N	SE⁶
Industrial Equipment Sales, Rental and Service, other than involving trucks and trailers primarily intended to be operated on public streets	N	P	N	P	P	N
Incineration of Hazardous or Toxic Waste, other than may have been previously approved within an existing waste-to-energy plant	N	N	N	N	N	SE⁶
Junk - outdoor storage, display or processing of, other than within an approved junkyard or solid waste disposal facility	N	N	N	N	N	N
Junkyard (See § 27-402) (includes scrap yard)	N	N	N	N	N	SE⁶
Liquid or Gas Fuel Storage, Bulk, for off-site distribution, which shall require a review by the Fire Company; but not including: auto service station, propane distributor as listed separately, prepackaged sales, or refueling of company or public transit vehicles	N	N	N	SE⁶	SE⁶
Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
- Agricultural Chemicals, Fertilizers or Pesticides	N	N	N	SE⁶	SE	N
- Apparel, Textiles, Shoes and Apparel Accessories (See also Crafts Studio)	N	P	N	P	P	N
- Cement Manufacture	N	N	N	N	SE⁶	SE⁶
- Chemicals, Manufacture or Bulk Processing of, other than pharmaceuticals and types listed separately	N	N	N	SE⁶	SE⁶	N
- Clay, Brick, Tile and Refractory Products	N	N	N	P	P	N
- Concrete, Lime and Gypsum Products, other than actual manufacture of cement	N	N	N	N	N	SE⁶
- Electrical, Electronic or Microelectronic Equipment, Appliances and Components	N	P	N	P	P	N
- Explosives, Fireworks or Ammunition	N	N	N	N	N	SE⁶
- Fabricated Metal Products (except Explosives, Fireworks or Ammunition) and/or Machine Shops	N	N	N	P	P	N
- Food and Beverage Products (which may include aquaculture), at an industrial scale, as opposed to a clearly retail scale)	P	P	P	P	P	N
- Glass and Glass Products or Ceramics Products, or Leather or Allied Products (other than Crafts Studio or a Tannery)	N	P	N	P	P	N
- Machinery, Gaskets or Transportation Equipment and Components	N	N	N	P	P	N
- Manufactured or Modular Housing Manufacture	N	N	N	P	P	N
- Metal Products, Primary	N	N	N	SE	SE	N
Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
- Mineral Products, Nonmetallic (other than Mineral Extraction)	N	N	N	P	P	N
- Paper and Paper Products, Wood Products and Furniture (including recycling, but not including manufacture of raw paper pulp)	N	N	N	P	P	N
- Paving Materials, other than bulk manufacture of asphalt	N	N	N	SE	SE	N
- Pharmaceuticals and Medicines	N	P	N	P	P	N
- Plastics, Polymers, Resins, Vinyl, Coatings, Cleaning Compounds, Soaps, Adhesives, Paints, or Ink	N	N	N	SE	SE	N
- Products from Previously Manufactured Materials, such as glass, leather, plastics, cellophane, textiles, rubber or synthetic rubber	N	P	N	P	P	N
- Roofing Materials and Asphalt Saturated Materials or Natural or Synthetic Rubber	N	N	N	SE	SE	N
- Scientific, Electronic, Medical and Other Instruments and Related Supplies	N	P	N	P	P	N
- Sporting Goods, Toys, Games, Musical Instruments or Signs	N	P	P	P	P	N
- See § 27-403 for uses that are not listed
Medical Marijuana Grower/Processor (See § 27-402)	N	N	SE	SE	N	SE
Mineral Extraction (See § 27-402) and related processing, stockpiling and storage of materials removed from the site, other than as part of preparation of a development site	N	N	N	N	N	SE
Packaging or Package Delivery Services Distribution Center	N	P	N	P	P	N
Petroleum Product or Ethanol Refining or Processing	N	N	N	SE⁶	SE	N
Pipeline Compressor Station (such as for natural gas), which shall be constructed within an enclosed structure with sound-absorbing walls	N	N	N	N	SE	SE
Printing or Bookbinding	P	P	P	P	P	N
Recycling Center, Bulk Processing, Provided all operations of an industrial scale occur within an enclosed building (this use does not include a solid solid waste disposal or transfer facility)	SE	SE	N	SE	SE	N
Research and Development, Engineering or Testing Facility or Laboratory (other than medical laboratories, which is considered an office use) and related manufacture of prototypes	N	P	N	P	P	N
Sawmill/Planing Mill	P	P	N	N	P	N
Septage and Biosolids Disposal and/or Processing Facility (See § 27-402)	N	N	N	SE⁶	SE⁶
Slaughterhouse, Stockyard or Tannery (other than customarily accessory processing of animals raised on-site or by the same operator)	N	N	N	SE⁶	SE⁶	N
Solid Waste Disposal and/or Processing Facility (including a Solid Waste Transfer Facility or Solid Waste Landfill), which may include a Putrescent Waste to Energy Facility (See § 27-402)	N	N	N	N	N	SE⁶
Trucking Terminal (See § 27-402)	N	N	SE⁶	N	SE	N
Warehousing or Distribution as a principal use (See § 27-402)	N	N	SE⁶	SE⁶	SE	N
Warehousing as an on-site accessory use or serving principal uses located or allowed within the same zoning district	P	P	P	P	P	N
Welding	N	P	N	P	P	N
Wholesale Sales (other than Motor Vehicles)	N	P	P	P	P	N
F. ACCESSORY USES
See additional allowed accessory uses and requirements in §§ 27-202 and 27-302
Accessory Dwelling Unit for Relative (See § 27-402) on the lot of an existing dwelling	P	P	P	N	N	N
Burner, Outdoor (See § 27-302.7)	N	N	N	N	N	N
Bus Passenger Shelter (See § 27-304)	P	P	P	P	P	P
Composting, Bulk, as accessory use, other than septage. Note: composting of leaves, vegetation or materials generated on-site are permitted by right in all districts.	P	N	N	SE	SE	SE
Day-Care Center accessory to and on the same lot as an existing lawful Place of Worship	P	P	P	P	P	P
Day Care (See § 27-402) as accessory to a lawful dwelling, of the following number of persons, in addition to children or grandchildren of the on-site caregiver:
- Day care of a maximum of 3 persons. This use does not need a zoning permit.	P	P	P	P	P	P
- Group Day-Care Home (7 to 12 children)	P	P	P	N	N	N
- Family Day-Care Home (4 to 6 children)	P	P	P	N	N	N
Home Occupation, General or Low-Impact (See § 27-402)	P	P	P	P	P	P
Outdoor Storage and/or Display as accessory to a business use (See buffer yard provisions)	P¹⁰	P	P	P	P	P
Outdoor Storage and/or Display as a principal use. See also accessory provisions in various districts and for various uses, and buffer yard provisions	N	N	SE	SE	SE	SE
Retail Sales as Accessory to a Principal Industrial Use, limited to items produced or distributed on the premises, and limited to a maximum of 5% of the floor area of the principal use	P	P	P	P	P	N
Temporary Commercial Uses - Shall meet the requirements of §§ 27-702.16 and 27-302, which allow some uses as permitted by right, and requires special exception approval in other cases. See also "Food Truck" in § 27-326 and in this table.
G. PRIMARILY AGRICULTURAL USES AND RELATED USES
Anaerobic digester, accessory or principal (See § 27-402)	N	N	N	N	N	SE
Agritourism Business (See § 27-402) (See also Farm-Related Businesses)	P	P	P	P	P	P
Crop Farming, Community Garden, Greenhouse, Hydroponics or Aquaculture	P	P	P	P	P	P
Farm-Related Business (See § 27-402)	P	P	P	P	P	P
Feed or Grain Mill, Large-Scale (See § 27-402)	N	N	P	P	P	P
Feed or Grain Mill that is not "Large-Scale"	N	N	P	P	P	P
Forestry (Includes Timber harvesting; See § 27-402)	P	P	P	P	P	P
Processing of Agricultural Products produced on-site as a customarily accessory use	P	P	P	P	P	P
Retail Sale of Agricultural Products (See § 27-302.18)	P	P	P	P	P	P
Winery (See § 27-402)	P	P	P	P	P	P
H. MISCELLANEOUS USES
Groundwater or Springwater Withdrawal Averaging More than 100,000 gallons per day, for off-site use (See § 27-402)	SE	SE	SE	SE	SE	SE
Livestock or Poultry, Commercial Operation (See § 27-402):
- Concentrated Animal Feeding Operations (CAFO) or Concentrated Animal Operation, as defined by DEP regulations	N	N	N	SE	SE	SE
- Other than a CAFO	P	P	P	P	P	P
Nature Preserve/Environmental Education Center	P	P	P	P	P	P
Parking Lot or Structure as an accessory or principal use:
Parking of trucks that haul putrescent or hazardous waste	N	N	N	SE	SE	N
Overnight parking that primarily serves 2 or more tractor-trailer trucks and/or their trailers	P	P	N	P	P	P
Other than above, such as municipal parking lots and customary accessory parking for on-site uses	P	P	P	P	P	P
Recycling Collection Center	N	P	N	P	P	P
Solar Energy Systems (See § 27-402)	P	P	P	P	P	P
Water Supply Wells, Storage and Treatment Facilities	P	P	P	P	P	P
Wastewater Treatment Plant (other than customarily accessory pretreatment facilities)	P	P	N	P	P	P
Wind turbines:
- Maximum of 1 on a lot that is an accessory use (See § 27-402)	P	P	P	P	P	P
- 1 or more wind turbines, other than above (See § 27-402)	N	N	SE	SE	SE	SE
All uses that will be unable to comply with the performance standards of this chapter. See the Environmental Protection requirements of Part 3.	N	N	N	N	N	N

KEY:

P = Permitted-by-right use (zoning determination by Zoning Officer)

C = Allowed by conditional use

SE = Special exception use (zoning decision by Zoning Hearing Board)

N = Not permitted

(See § 27-402) = See additional requirements in § 27-402.

(See § 27-) = See additional requirements in the referenced section.

NOTES:
²	Any existing lawful dwelling unit may be reconstructed if it is destroyed or severely damaged by fire or a force of nature, provided that no new nonconformities are created.
⁶	A 300-foot setback shall apply from a residential district, unless a stricter requirement is established by another provision of this chapter.
⁷	Section 27-402 requires special exception for certain larger group homes.
⁸	Allowed only in combination with a principal commercial use.
⁹	In recognition of the groundwater protection zone, fuel storage or dispensing shall not be allowed more than 250 feet south of the center line of Doe Run Road.
¹⁰	A maximum of 25% of lot shall be used for outdoor storage.
¹¹	If the use will be open between 12:00 midnight and 6:00 a.m., the use and its parking areas shall be set back a minimum of 200 feet from any existing or approved dwellings.

Permitted Accessory Uses in All Districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of all other requirements of this chapter:

Antennas, standard for television, radio and similar reception.

Fence or wall (See § 27-302).

Garage, household.

Garage/Yard sale (See § 27-302).

Maintenance facilities to provide for the maintenance of roads, recreation areas and other facilities that are controlled by a homeowners' association.

Noncommercial keeping of animals and pets (See § 27-302).

Parking or loading, off-street, only to serve a lawful use on the same lot or a use that is permitted in that district.

Recreational facilities, limited to use by: residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.

Residential accessory structure, such as sheds (See § 27-302).

Signs, as permitted by Part 3.

Swimming pool, household (See § 27-302).

Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.

Permitted Accessory Uses to Business and Institutional Uses. See also Subsection 5 above for accessory uses allowed in all districts. The following are permitted by right accessory uses only to a permitted by right or special exception commercial, industrial or institutional use, provided that all requirements of this chapter are met:

Storage of fuels for on-site use or to fuel company vehicles.

The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:

(1)

Internal cafeteria without drive-through service;

(2)

Day-care center; or

(3)

Recreational facilities.

Automatic transaction machine.

Limits on Hours of Operation in the V District and for Nonconforming Commercial Uses in Residential Districts.

A commercial use or membership club in the V District shall not be open to customers or patrons for business purposes between the hours of 11:00 p.m. and 6:00 a.m. unless it was already regularly open to the public during those hours immediately prior to the effective date of this chapter. A commercial use or membership club may be approved to be open after 11:00 p.m. as a special exception use if the applicant proves to the satisfaction of the Zoning Hearing Board that such business hours will not negatively impact dwellings in the vicinity.

A nonconforming commercial use or membership club in a residential district shall not be open to customers or patrons for business purposes between the hours of 11:00 p.m. and 6:00 a.m., unless the use was already regularly open to the public during those hours immediately prior to the effective date of this chapter.

Age-qualified housing.

These provisions shall apply if age-qualified housing is used to allow an increased density under this chapter under the dimensional requirements of this chapter.

Age-qualified housing shall involve all housing units within a subdivision or land development being permanently limited by deed and by any lease to occupancy by at least one person age 55 and older, and with no resident under age 18, except that a person under age 18 may temporarily stay within a housing unit for a total of less than 60 days per calendar year. An applicant alternatively may decide to use an age limit of 62 or above, or a similar age limit authorized by federal law.

The applicant may also state in the application that they intend to allow one or more types of persons classified by the Social Security Administration as disabled to reside in age-qualified housing, regardless of their age. However, in that case, the development's restrictions shall be structured in a way that complies with the requirement in federal law that at least 80% of the dwelling units are occupied by at least one person age 55 or older.

A primary enforcement mechanism shall be established by the applicant, such as through the owner of a rental development or by a homeowners' association. The Township shall be provided with secondary enforcement authority that is intended to be used if such primary mechanism fails to comply with its enforcement responsibilities. If the Township needs to utilize its enforcement authority, the Township's enforcement costs shall be paid by the entity with the primary enforcement responsibility.

If a household met the age qualifications at the time of initial occupancy of a dwelling unit, members of a household are not required to leave if a person aged 55 or older later dies or leaves the household, such as because of divorce, separation or need for nursing care.

The minimum yard dimensions may each be reduced by 25%, and the maximum building coverage may be increased to be 10% higher (such as an increase from 50% to 60%). The minimum lot area or minimum average lot area may be reduced by 25%, and the maximum allowed density may be increased by 25%, as applicable.

Open areas may be commonly maintained, with homes in condominium or Planned Community Act ownership. In such case, the buildings shall be laid out in a manner that would be able to comply with the dimensional requirements for each dwelling, even though fee-simple lots are not required.

A minimum of 15% of the total tract area shall be provided as common open space, which shall be improved with trails that are accessible by the residents and landscaping or preserved woods. Land occupied by a community center building, tennis courts, a swimming pool, or other recreational facilities and their necessary accessory parking may count towards the 15% requirement.

The only allowed housing types shall be those allowed in the zoning district.

Zoning Map Base Information. Base information, such as lot lines or streets, may be updated or corrected on the Zoning Map under the direction of the Township Manager, without requiring a readoption of the Zoning Map, provided that no zoning boundaries are changed.

10.

Zoning District Boundaries. Where uncertainty exists with respect to the boundaries between districts as shown on the Zoning Map, the following rules shall apply.

Where district boundaries are indicated as approximately coinciding with streets, alleys, waterways, or railroad rights-of-way, the center line of such features shall be construed to be such boundaries, unless otherwise indicated on the map. The zoning district boundaries shall extend to the Township border, even if a border is not accurately portrayed on the Zoning Map.

Where district boundaries are indicated as approximately coinciding with lot lines that existed at the time of the adoption of the Zoning Map, they shall be construed as following such lot lines.

Where district boundaries do not coincide with a physical feature or lot line, and are not fixed by dimensions on the Zoning Map or notes, the boundary shall be determined using a scale.

Whenever any street, alley, or other public right-of-way is vacated, the zoning district adjoining each side of such street, alley, or public right-of-way shall be automatically extended to the center of such vacation.

11.

Floodplain District. For the regulations pertaining to the Floodplain District, which functions as an overlay to the regular zoning districts, see the Township Floodplain Ordinance.[1]

[1]

Editor's Note: See Ch. 8, Floodplains.

12.

Uses Not Specifically Regulated by This Chapter. See § 27-403.

§ 27-203 CN Conservation District.

[Ord. No. 2022-01, 1/10/2022]

The following are CN District dimensional regulations for allowed uses, unless a more restrictive provision is established by another section of this chapter.

	Minimum Lot Area	Minimum Lot Width (feet)	Minimum Lot Depth (feet)	Minimum Building Setback from all lot lines (feet)	Building Height (maximum) (feet)	Lot Coverage (maximum)
Principal Use	10 acres	250	350	50	35	6% (combined principal and accessory)
Accessory Use	N/A	N/A	N/A	50	35

The above setbacks may be reduced to 25 feet for an accessory building that has a height of 20 feet or less.

Natural Resource Protection Standards. The provisions of § 27-215 shall apply.

Restrictions on New Lot Creation. A parent tract shall be assigned a number of subdivision rights dependent upon the size of the contiguous lands in single and separate ownership as of May 9, 2011, in accordance with the table below. Each lot subdivided from the parent tract shall constitute the use of a subdivision right, except that a simple lot adjustment between two existing lots shall not count toward the total number of subdivision rights. A note shall be included on the subdivision plan, identifying the number of subdivision rights remaining as well as to which lot(s) they are being assigned.

Parent Tract Size	Number of Subdivision Rights
Less than 50 acres	1
50 to 99.9 acres	2
100 to 149.9 acres	3
150 to 199.9 acres	4
200 acres or greater	5

§ 27-204 AG Agricultural District.

[Ord. No. 2022-01, 1/10/2022]

Limitation on Subdivision and Principal Nonagricultural Uses.

In order to preserve agricultural tracts, the subdivision of lots and the development of nonagricultural uses and structures on existing farms shall be limited. In addition, the maximum size of lots created for any use other than agriculture is limited in order to provide for the retention of lots of sufficient size to be usable for agriculture. These provisions implement the mandate of § 604(3) of the MPC[1] to preserve prime agricultural lands.

[1]

Editor's Note: See 53 P.S. § 10604(3).

Number of Lots, Dwellings or Other Principal Nonagricultural Buildings Permitted. For each parent tract, there shall be permitted the subdivision of one lot (which shall specifically include, but not be limited to, a subdivision to create a farm or farms, and subdivision to change lot lines or a "lot add-on" subdivision, which removes land from the parent tract to add the land to another lot), or the erection of one single-family dwelling or other principal nonagricultural building on the parent tract, but not both, with the portion of the existing or newly created lot used for residential purposes limited to the maximum lot size set forth in the following sections for the acreage held as of April 1, 1989, or if the parent tract was not classified as Agricultural District on April 1, 1989, on the date when such land was first included in the Agricultural District after April 1, 1989. A tabular example of this limitation on the creation of lots or the erection of dwellings is as follows:

Parent Tract Size in Acres	Number of Lots Permitted to Be Subdivided or Principal Nonagricultural Buildings Permitted to Be Erected
At least 2, but less than 50	1
At least 50, but less than 100	2
At least 100, but less than 150	3
At least 150, but less than 200	4
At least 200, but less than 250	5

(1)

For those parent tracts equal to or greater than two acres, but less than 50 acres, one new lot may be subdivided or one single-family dwelling or other principal nonagricultural building may be erected (but not both), provided that wherever possible, such new lot contains soils predominantly within the agricultural land capability classifications of IV, VI, VII, or VIII as defined by the Natural Resource Conservation Service (NRCS), or such dwelling shall be constructed upon such types and be surrounded predominantly by such soil types and be immediately adjacent an existing public road. No further subdivision or erection of additional single-family dwellings or other principal nonagricultural buildings shall be permitted.

(a)

Any plan for subdivision of any such lot or the erection of any such dwelling or other principal nonagricultural building shall contain a note stating that further subdivision of the parent or the erection of additional dwellings or other nonagricultural principal buildings is prohibited. The deed for any lot so created shall contain a similar notation.

(2)

For those parent tracts which contain at least 50 acres, the table set forth above shall be followed to determine the number of lots which may be created or the number of dwellings or other principal nonagricultural buildings which may be erected. Whenever possible, each lot shall be created to contain and each dwelling or other nonagricultural building shall be erected on soils with the agricultural land capability classifications of VI, VII, or VIII as defined by the NRCS.

(a)

The burden shall be upon the applicant to demonstrate that development on such soils or the location of a dwelling or other principal nonagricultural building upon such soils is not possible; the lot or dwelling or other principal nonagricultural building shall be so located as to be directly adjacent to an existing public road.

(3)

The number of lots which may be created or single-family dwellings or other principal nonagricultural buildings which may be erected on the parent tract shall be fixed according to the parent tract. This number shall not be increased by the subdivision of such parent tract. Any subsequent owner of a parent tract or land remaining in a parent tract after subdivision shall be bound by the actions of his predecessor.

(4)

Any land development, the purpose of which is to permit the erection of a permanent single-family dwelling on a parent tract which has been previously improved with a dwelling which also will remain upon the parent tract or to permit the erection of a structure for additional principal use on the parent tract, shall be considered a subdivision for the purposes of this section. It is the purpose of this section to limit the development of agricultural tracts for nonagricultural purposes, regardless of whether such development is accomplished by subdivision or land development, as those terms are defined in the Act.

(5)

No subdivision shall be permitted which shall increase the lot size of a lot of record used or to be used for residential purposes in excess of the maximum lot size as set herein. Any lot which is less than 20 acres in size shall be presumed to be for a principal residential purpose.

(6)

If a parent tract is to be subdivided to create a new lot for a farm, the remainder parent tract and the new lot to be created for the new farm each must contain a minimum 20 acres. The applicant shall have the burden to present substantial evidence to support the applicant's position that the principal use of the new lot will be a farm.

Exemptions from Limitation on Subdivisions. The following types of subdivisions shall not be counted against the maximum allowed number of lots:

(1)

A subdivision, the sole purpose of which is to transfer land to increase the size of a lot being used for agricultural purposes.

(2)

A subdivision, the sole purpose of which is to transfer not more than one acre of land to increase the size of an existing residential lot where the residential lot shall not exceed the maximum lot area for single-family dwellings set forth in § 27-204.2.

(3)

The limitations upon acreage that may be subdivided and upon the number of lots that may be created shall not apply to a lot of five or fewer acres used for:

(a)

One place of worship;

(b)

One primary or secondary school serving fewer than 100 students;

(c)

Public outdoor recreation land;

(d)

Land transferred to a municipal authority for a public water supply well; or

(e)

Land transferred to the Township or PennDOT for a stormwater management or water quality improvement under the MS4 program, or a public road improvement.

(4)

The property line between two existing abutting lots can be changed, provided that all requirements of this chapter are met.

Requirements for Plans and Deeds Relating to Lands Within the AG District. Any subdivision or land development plan hereafter filed with the Township in the AG District shall specify on the recorded plan which lot or lots shall carry a right of further subdivision or development of single-family dwellings or other principal nonagricultural buildings, if any such right remains from the maximum number allocated to the parent tract on April 1, 1989, or on the date when such land was first included in the AG District, whichever is later.

(1)

The right of further subdivision or erection of single-family dwellings or other principal nonagricultural buildings, or a statement that no further subdivision or erection of single-family dwellings or other principal nonagricultural buildings is permissible, shall also be included in the deed to the newly created lot. If the designation of the right of further subdivision or erection of additional single-family dwellings or other principal nonagricultural buildings was not included on a subdivision or land development plan of a parent tract, it shall be conclusively presumed that the largest lot remaining after subdivision shall carry the right of further subdivision or erection of additional single-family dwellings or other principal nonagricultural buildings.

The following are AG District dimensional regulations for allowed uses, unless a more restrictive requirement is established by another provision of this chapter (such as for concentrated animal feeding operations).

Use	Lot Area (acres)	Minimum Lot Width (feet)	Minimum Front Yard Setback (feet)	Minimum Side Yard Setback (each of 2 sides) (feet)	Minimum Rear Yard Setback (feet)	Building Height² (feet) (maximum)	Lot Coverage (%) (maximum)
Other Allowed Use, such as Agri-cultural Uses²	20	150	40	50	50	150 for agricultural uses; 40 for other uses	15
Single-Family Detached Dwelling	Min. 1; Max. 2¹	150	40	15	30	40	30
Use Allowed by § 204.1C(3) above	Min. 1; Max. 5¹	150	40	50	50	40	40

NOTES:
1	The maximum lot area shall apply to a new principal nonagricultural lot and may be increased to meet septic requirements in accordance with § 27-317, or to meet DEP nitrate requirements related to septic systems.
2	Any structure having a height greater than 40 feet shall have a setback from all lot lines a distance equal or greater than the height of the structure.

Additional Setback Requirements.

Except as provided in Subsection 3A(1) below, no new slaughter area, area for the storage or processing of garbage or spent mushroom compost, structures for the cultivation of mushrooms, or a building housing a commercial poultry or livestock operation shall be permitted within 300 feet of any property line within the V, RM or SR Districts.

(1)

The Zoning Hearing Board may, as a special exception, reduce the above setback requirements where it is shown that, because of prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from odor, dust, or other hazards. In no case, however, shall the Zoning Hearing Board reduce the 300-foot setback requirement to less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.

(2)

Manure storage structures shall meet setbacks established under state regulations. Where a state regulation does not apply, a 100-foot setback shall apply from each lot line.

In addition to the setbacks listed above, every single-family detached dwelling (unless it is on the same lot as the specified use or unless the owner of the specified use provides a written signed and notarized waiver of the setback) proposed within the AG District shall be set back in accordance with the following chart. Required setback distances shall be measured as a straight line between the closest property line of the proposed dwelling to the specified use.

Specified Use	Required Setback
Facilities or area for the storage or processing of manure, garbage, or spent mushroom compost; structures for the cultivation of mushrooms, or buildings for the principal raising of livestock or poultry	200 feet
Beehives	50 feet
Farm-related businesses	100 feet

Agricultural Nuisance Disclaimer. All lands within the AG District 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 § 4 of the Pennsylvania Act 133 of 1982, the Right to Farm Law, 3 P.S. § 954, may bar them from obtaining a legal judgment against such normal agricultural operations.

This notice, or closely similar text pre-approved by the Zoning Officer, shall be included as a notation accompanying every deed of a newly created residential lot in the AG District.

Tree and Shrub Setback Requirement. On a residential lot abutting a lot with an active principal agricultural use, no tree or shrub shall be planted within 20 feet of the agricultural lot in such a manner that it may grow to obstruct agricultural machinery or to grow over the lot line.

Conservation and Nutrient Management Plans. See requirements of DEP for erosion and sedimentation control plans and nutrient management plans. The Township may require proof of compliance with state regulations as a condition of any Township permit or approval.

§ 27-205 SR Suburban Residential District.

[Ord. No. 2022-01, 1/10/2022]

The following are SR District dimensional regulations for allowed uses, unless a more restrictive requirement is established by another provision of this chapter.

Use	Minimum Lot Area¹	Minimum Lot Width² (feet)	Minimum Front Yard Setback (feet)	Minimum Side Yard Setback (1 side/total) (feet)		Minimum Rear Yard Setback (feet)	Building Height (feet) (maximum)	Lot Coverage (%) (maximum)
Com-mercial Livestock and Poultry Operations	5 acres	150	50	50	100	50	150³	15
Residential Uses	1 acre	150	40	15	30	50	35	25
Permitted Non-residential Uses	1 acre	150	40	20	40	50	35	25

NOTES:
¹	All uses relying upon on-lot sewer must comply with § 27-317 of this chapter.
²	At the street frontage, the lot shall have a width which shall be not less than 70% of the minimum lot width.
³	Any structure having a height greater than 40 feet shall have a setback from all lot lines a distance equal or greater than the height of the structure.

Additional Regulations for Nonresidential Uses.

Allowed commercial uses shall have frontage along PA Route 72 and be located within 250 feet of its center line, south of Mount Hope Road.

Allowed commercial buildings shall have a maximum building footprint of 3,500 square feet or be located within an existing building.

Nonresidential uses shall meet the applicable requirements set forth in Parts 3 and 4 of this chapter, including, but not limited to: off-street parking, off-street loading, and signs.

Agricultural Buffer Requirement. No dwelling unit shall be located within 80 feet of any land within the AG District. In addition, no shrub or tree shall be planted within 20 feet of land that is actively farmed within the AG District if such vegetation could grow over the lot line or could grow to obstruct agricultural machinery.

Applications shall comply with the screening and landscaping requirements in Chapter 22, Subdivision and Land Development.

§ 27-206 V Village District.

[Ord. No. 2022-01, 1/10/2022]

The following are V District dimensional regulations for allowed uses, unless a more restrictive requirement is established by another provision of this chapter.

Use	Required Public Utilities¹	Min. Lot Area	Min. Lot Width² (feet)	Front Yard Setback (feet) (min)^{4, 5}	Front Yard Setback (feet) (max)	Side Yard Setback (feet) (each 1 of 2)	Rear Yard Setback (feet) (min)⁵	Building Height (feet) (max)
Commercial Livestock and Poultry Operations	None	5 acres	150	50	N/A	50	50	150⁶
Single-family Detached	Sewage	20,000 square feet	40	10	30	15	50	50
	Water only	40,000 square feet	40	10	30	15	50	40
	On-lot well and septic	43,560 square feet	40	10	30	15	50	40
Apartment over Commercial	None	Not applicable	50	10	30	15	50	45
Allowed Nonresidential Uses³ or Mixed-Use Building	None	1 acre	50	10	30	15	50	45
TND	Public water and sewer	See § 27-402.71
Cluster Development	Public water and sewer	See § 27-402.17

NOTES:
¹	All uses relying upon on-lot sewer must comply with § 27-317 of this chapter.
²	The lot width at the right-of-way line shall not be less than 70% of the minimum lot width, and in no case shall the lot width be greater than the depth.
³	Dimensional requirements unless otherwise specified in Part 4 of this chapter.
⁴	Notwithstanding § 27-304, regarding modifications to setbacks, new development in the V District shall be located at the front yard setback line that is less than or equal to the front yard setback line of the principal buildings on adjacent parcels, but not more than the maximum listed above.
⁵	See § 27-304.3 for allowed encroachments, such as for front porches and rear decks.
⁶	Any structure having a height greater than 40 feet shall have a setback from all lot lines a distance equal to or greater than the height of the structure.

Maximum Density.

(1)

TND Option in compliance with § 27-402.71: three dwelling units per acre, which may be increased up to five dwelling units per net acre of the residential area subject to the receipt of one TDR per additional dwelling unit over the base number of allowed units.

(2)

Cluster development option in compliance with § 27-402.17: one dwelling unit per acre, which may be increased up to four dwelling units per net acre of the development area subject to the receipt of one TDR per additional dwelling unit over the base number of allowed units.

Lot Coverage.

(1)

Agricultural uses: 20% maximum.

(2)

Apartment over commercial: not applicable.

(3)

Residential uses existing prior to May 9, 2011: 60%.

(4)

All other uses: 40% maximum, except that a maximum of 50% coverage may be permitted subject to the receipt of one TDR per 4,000 square feet of coverage or fraction thereof above the 40% lot coverage.

(5)

The calculation of lot coverage for new subdivisions may be calculated on the basis of net tract acreage, with permitted coverage allocated variably to individual lots.

Building Footprint. The maximum building footprint of a commercially used structure shall be 4,000 square feet, except as may be increased subject to the receipt of one TDR per 4,000 square feet of building footprint or fraction thereof. This 4,000 square feet limit shall not apply to uses locating within an existing building in accordance with the adaptive reuse requirements of this chapter.

Allowed Nonresidential Uses and Mixed Uses.

Permitted commercial uses shall be located within 500 feet of the intersection of Newport Road and Penryn Road, or within 400 feet of the intersection of Newport Road and Speedwell Forge Road.

Nonresidential uses shall meet any supplementary requirements set forth in Parts 3 and 4 of this chapter.

No outdoor storage shall be permitted for an allowed commercial use. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back at a minimum of 25 feet from any adjoining residentially zoned properties. All waste receptacles shall be completely enclosed within a masonry or framed enclosure with a self-closing door or gate. Where multiple uses are permitted, one central collection area shall be provided for all users in each building.

No new vehicle parking shall be located between the front of the principal building facade and the abutting street right-of-way line. Parking lots shall be located to the side or rear of the principal building.

Applicability of Design Standards. As applicable, the application shall comply with Part 8, Design Standards, and Part 10 of Chapter 22, Subdivision and Land Development.

Agricultural Buffer Requirement. No dwelling unit shall be located within 80 feet of any land within the Agricultural District. In addition, no shrub nor tree shall be planted within 20 feet of a lot line of land that is actively farmed within the AG District if such vegetation could grow over the lot line or could grow to obstruct farm machinery.

Applications shall comply with the screening and landscaping requirements in Chapter 22, Subdivision and Land Development.

§ 27-207 RM Medium Density Residential District.

[Ord. No. 2022-01, 1/10/2022]

The following are RM District dimensional regulations for allowed uses, unless a more restrictive provision is established by another section of this chapter.

Use	Required Public Utilities	Min. Lot Area^{1, 2, 4} (square feet unless otherwise noted) See maximum density below.	Min. Lot Width³ (feet)	Minimum Front Yard Setback⁶ (feet)	Minimum Side Yard Setback (feet) (each 1 of 2)	Minimum Rear Yard Setback⁶ (feet)	Building Height (feet) (maximum)	Lot Coverage⁵ (%) (maximum)
Commercial Livestock or Poultry Operation	None	5 acres	150	50	50	50	150⁷	15
Single-Family Detached Dwelling	W & S	7,000; 43,560 without W & S	70	15	5	20	35	40⁸
Single-Family Semidetached Dwelling	W & S	3,500 per unit	35 per unit	15	5	20	35	40
Apartment above Commercial	W & S	See Other Allowed Nonresidential Uses
Townhouses (Single-Family Attached Dwellings)⁶	W & S	1,800⁶	20 end; 18 interior	15	20 from perimeter and 20 feet separation on a lot	20	35	60
Other Allowed Nonresidential Use	W & S	20,000	150	15	15	50	45	40
Multifamily dwellings	W & S	20,000	100	15	12	18	45	40
CCRC	W & S	See § 27-402.21
Cluster Development	W & S	See § 27-402.17						60
Traditional Neighborhood Development	W & S	See § 27-402.71						60

NOTES:

W = public water required

S = public sewer required

¹	All uses relying upon on-lot sewer must comply with § 27-317 of this chapter.
²	Unless otherwise specified in Part 4.
³	The lot width at the right-of-way line shall not be less than 70% of the minimum lot width, and in no case shall the lot width be greater than the depth.
⁴	See maximum density in Subsection 1B below.
⁵	See additional lot coverage provisions in § 27-207.1C below.
⁶	See also § 27-402.25B for additional requirements for townhouses. A townhouse development shall be laid out so that the dimensional requirements can be met in terms of spacing. However, individual fee-simple lot lines are not needed to be legally established for each townhouse for condominum or planned community forms of ownership. See § 27-304.3 for allowed encroachments, such as for front porches and rear decks.
⁷	Any structure having a height greater than 40 feet shall have a setback from all lot lines a distance equal or greater than the height of the structure.
⁸	On any residential lot existing prior to January 1, 2019, which is less than 10,000 square feet in area and which is developed with a single-family detached dwelling, the maximum lot coverage shall be 60%.

See the alternatives for development in § 27-402.17, Cluster (Open Space) Development Option, or § 27-402.71, Traditional Neighborhood Development (TND), of this chapter.

Permitted Density.

(1)

A maximum density of four dwelling units per acre shall apply to all types of housing on a development tract, except that a maximum density of six dwelling units per acre is allowed if there is the approved receipt of one TDR for each additional dwelling unit over four dwelling units per acre.

(2)

A maximum of 50% of the dwelling units within a subdivision or land development shall be multifamily dwelling units, except a higher percentage may be multifamily dwellings if approved as a special exception within an age-qualified residential development.

(3)

Cluster development shall be permitted in accordance with § 27-402.17, and a maximum density of four dwelling units per acre, provided that a maximum density of up to six dwelling units per acre shall be permitted subject to the approved receipt of one TDR for each additional dwelling unit over four dwelling units per acre.

(4)

A TND option shall be permitted, regardless of dwelling types, in accordance with the following:

(a)

The residential area shall be determined in accordance with the provisions in § 27-402.71D and shall exclude any land to be used for nonresidential or mixed-use purposes, including live-work units and apartments of nonresidential space.

(b)

Maximum density of six dwelling units per acre, provided that a density of up to eight dwelling units per acre shall be permitted subject to: 1) the receipt of one TDR for each additional dwelling unit over the permitted number of dwelling units, or 2) through approved density bonuses in accordance with the TDR provisions in § 27-325.

Lot Coverage.

(1)

Permitted lot coverage for a new subdivision, TND, or cluster development shall be calculated on the basis of all lots in a phase of development, with permitted coverage allocated variably to individual lots. Notes shall be placed on recorded subdivision/land development plans indicating the available coverage on each lot.

(2)

The maximum lot coverage for any residential lot created as part of a residential cluster subdivision where the subdivision plan was recorded prior to February 1, 2013, shall be 50%.

Building Footprint. The maximum building footprint of an allowed principal commercial building shall be 4,000 square feet, except as may be increased subject to the receipt of one TDR per 4,000 square feet of additional building floor area or fraction thereof.

Existing Commercial Structures and Uses. Notwithstanding anything to the contrary in this section, the expansion of existing commercial buildings, or the expansion of existing commercial uses on the same lot, shall not be subject to the maximum building floor area requirements herein. These uses shall be subject to the maximum lot coverage requirements in this section.

Applicability of Design Standards. As applicable, the application shall comply with Part 8, Design Standards, and Part 10 of Chapter 22, Subdivision and Land Development.

Agricultural Buffer Requirement. No dwelling unit shall be located within 80 feet of any land within the AG District. In addition, no shrub nor tree shall be planted within 20 feet of an abutting lot line of a lot in an active principal agricultural use, if such vegetation could grow over the lot line or could grow to obstruct agricultural machinery.

Applications shall comply with the screening and landscaping requirements in Chapter 22, Subdivision and Land Development.

§ 27-208 MU Mixed-Use District.

[Ord. No. 2022-01, 1/10/2022]

The following are MU District dimensional regulations for allowed uses, unless a more restrictive requirement is established by another section of this chapter.

User	Required Public Utilities¹	Min. Lot Area² (square feet unless otherwise noted). See maximum density below.	Min. Lot Width³ (feet)	Min. Front Setback Line⁵	Min. Side Yard Setback (feet) (each 1 of 2)	Min. Rear Yard Setback⁵ (feet)	Max. Building Height⁷ (feet)	Max. Lot Coverage⁴ (%)
Commercial Livestock or Poultry Operation	None	5 acres	150/60	50	50	50	150⁷	10
Single-Family Detached Dwelling (SFD)	Without both W & S	43,560	150	30	25	50	35	15
SFD	W & S	7,000	70	15	5	20	35	40
Single-Family Semidetached Dwelling	W & S	3,500 per unit	35 per unit	15	5	20	35	40
Townhouses/Single-Family Attached Dwelling⁶	W & S	1,800	20 end; 18 interior	15	10 along the perimeter and 10 feet separation between sets of townhouses	20	35	50
Live-Work Unit	W & S	1,800	18	15	5	20	45	55
TND	See § 27-402.71							50
Multifamily	W & S	20,000	100	15	12	20	45	50
Mixed-Use Buildings/Apts Above Commercial	W & S	20,000	25	15	15	30	45	60
Nonresidential Principal Use	W & S	20,000	100	15	15	30	45	60

NOTES:

Min. = Minimum

Max. = Maximum

W = public water service required

S = public sewer service required

¹	All uses relying upon on-lot sewer must comply with § 27-317 of this chapter.
²	Unless otherwise specified in Part 4.
³	The lot width at the street line shall not be less than 70% of the minimum required lot width, and in no case shall the lot width exceed the lot depth.
⁴	See § 27-208.4 for complete regulations.
⁵	See § 27-304.3 for allowed encroachments, such as for front porches and rear decks.
⁶	See also § 27-402.25B for additional requirements for townhouses.
⁷	Any structure having a height greater than 40 feet shall have a setback from all lot lines of dwellings and residentially zoned lots a distance equal or greater than the height of the structure.

The subdivision of any tract held in single and separate ownership on or after November 26, 2001, into more than five lots, whether fee simple or condominium, is encouraged to meet the requirements of § 27-402.71, Traditional Neighborhood Development (TND) of this chapter.

Permitted Density.

A maximum density of six dwelling units per acre shall apply to all types of housing on a development tract, except that a maximum density of eight dwelling units per acre is allowed if there is the approved receipt of one TDR for each additional dwelling unit over six dwelling units per acre.

A TND option shall be permitted, regardless of dwelling types, in accordance with the following:

(1)

The residential area shall be determined in accordance with § 27-402.71 and shall exclude any land to be used for nonresidential or mixed-use purposes, including live-work units and apartments of nonresidential space.

(2)

Maximum density of eight dwelling units per acre, provided that a density of greater than six dwelling units per acre shall only be permitted subject to the receipt of one TDR for each additional dwelling unit over the permitted number of dwelling units, or through approved density bonuses in accordance with § 27-402.71.

Nonresidential and mixed-use development, including live-work units, and apartments over nonresidential space shall be permitted without receipt of TDRs, except as may be required for lot coverage.

Lot Coverage.

The maximum lot coverage for uses other than agriculture and forestry may be increased up to 70% subject to the receipt of one TDR per 4,000 square feet of coverage or fraction thereof.

Design Standards.

As applicable, the application shall comply with Part 8, Design Guidelines, of this chapter and Part 10 of the Chapter 22, Subdivision and Land Development.

See Appendix 27-A.[1]

[1]

Editor's Note: So in original.

All mechanical equipment which is not enclosed within a building shall be fully and completely screened from view from a street in a manner compatible with the architectural and landscaping style of the overall property.

All new utility lines servicing the buildings shall be placed underground within the lot lines of the property on which the use is located.

No new vehicle parking shall be located between the front of the principal building and the right-of-way line of a street along the front lot line.

Agricultural Buffer Requirement. No dwelling unit shall be located within 80 feet of any land within the AG District. In addition, no shrub nor tree shall be planted within 20 feet of the abutting lot line of an active agricultural use if such vegetation could grow over the lot line or could obstruct agricultural machinery.

Applications shall comply with the screening and landscaping requirements in Chapter 22, Subdivision and Land Development.

§ 27-209 COM Commercial District.

[Ord. No. 2022-01, 1/10/2022]

The following dimensional regulations apply for the COM District and shall be as follows, unless a more restrictive requirement is established by another section of this chapter.

Use	Required Public Utilities	Min. Lot Area^{1, 2} (square feet unless otherwise noted)	Min. Lot Width³ (feet)	Min./Max. Front Yard Setback (feet)	Min. Side Yard Setback (feet) (each 1 of 2)	Min. Rear Yard Setback (feet)	Max. Building Height (feet)	Max. Lot Coverage
Commercial Livestock or Poultry Operation	None	5 acres	150	40/NA	50	50	150⁴	15%
TND	Public water and sewer	See § 27-402.71						70%
Multifamily mixed-use development	Public water and sewer	See § 27-402
Other allowed uses (including live-work units)	With public sewer and public water	15,000	100	15/70	15	30	60	75%
Other allowed uses	Without both public water and public sewer	43,560	150	15/70	15	50	35	40%

NOTES:

Min. = Minimum

Max. = Maximum

¹	All uses relying upon on-lot sewer must comply with § 27-317 of this chapter.
²	Unless otherwise specified in Part 4.
³	The lot width at the street line shall not be less than 70% of the minimum required lot width, and in no case shall the lot width exceed the lot depth.
⁴	Any structure having a height greater than 40 feet shall have a setback from all lot lines a distance equal or greater than the height of the structure.

Permitted Density.

A TND option shall be permitted, regardless of dwelling types, in accordance with the following:

(1)

Maximum density of nine dwelling units per acre, provided that a density of greater than eight dwelling units per acre shall be permitted subject to the receipt of one TDR for each additional dwelling unit over the permitted number or through approved density bonuses in accordance with § 27-402.71.

Multifamily dwellings outside of a TND or multifamily mixed-use development shall be permitted at a density of eight dwelling units per acre, or in accordance with the following:

(1)

A maximum density of nine dwelling units per acre shall be permitted subject to the receipt of one TDR for each additional dwelling unit over eight dwelling units per acre.

Multifamily dwellings in a multifamily mixed-use development shall have a maximum density as set forth in § 27-402.

Nonresidential and mixed-use development, including live-work units, and apartments over nonresidential space shall be permitted without receipt of TDRs, except as may be required for lot coverage.

Lot Coverage.

The maximum lot coverage for a TND or a housing development may be a maximum that applies to an entire phase of development, as opposed to being measured for each lot.

If the lot coverage will be met across multiple lots, the approved plan shall include a statement of how the lot coverage will be allocated across various lots to meet the overall requirement.

(Reserved)

Design Standards.

As applicable, the application shall comply with Part 8, Design Standards, and Part 10 of Chapter 22, Subdivision and Land Development.

All mechanical equipment which is not enclosed within a building shall be fully and completely screened from view in a manner compatible with the architectural and landscaping style of the overall property.

All utility lines servicing the buildings shall be placed underground within the lot lines of the property on which the use is located.

No new vehicle parking shall be located in the area between the front of the principal building and the abutting street right-of-way line. Parking may be located to the side or rear of the building, and existing parking areas may be reconfigured.

Screening. A visual screen shall be provided along any adjoining lands within a residential district, regardless of whether or not the parcel is developed.

Landscaping.

Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings.

A minimum ten-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

A partial list of state and federal requirements for business operations is provided in § 27-319 of this chapter.

Outdoor Storage. Outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section.

§ 27-210 LC Limited Commercial District.

[Ord. No. 2022-01, 1/10/2022]

Allowed Uses. See Table 27-202.

The following dimensional requirements apply, unless a more restrictive requirement is established by another provision of this chapter:

Public Utilities	Minimum Lot Area¹	Minimum Lot Width²	Maximum Lot Coverage³
None	43,560 square feet	200 feet	35%
Public Water	32,670 square feet	150 feet	35%
Public Sewer	20,000 square feet	125 feet	50%
Both Public Sewer and Public Water	15,000 square feet	100 feet	60%

NOTES:
¹	The minimum required lot size may be increased to ensure an acceptable level of nitrate-nitrogen in the adjoining groundwater. Such determinations will be made by the DEP, through its sewer module review process (see § 27-317).
²	At the street frontage, the lot shall have a width which shall be not less than 70% of the minimum lot width.
³	See § 27-210.2A.

The lot coverage for all uses and on all lots may be increased to 75% subject to receipt of one TDR for each 4,000 square feet of additional coverage or fraction thereof.

Minimum Setback Requirements. (Principal and Accessory Uses).

Front Yard Setback. All buildings, structures (except permitted signs), and outdoor loading areas shall be set back at least 35 feet from the street right-of-way. Off-street parking lots shall be set back a minimum of 20 feet from the street right-of-way.

Side Yard Setbacks. All buildings and structures shall be set back at least 15 feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least 10 feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.

Rear Yard Setback. All buildings, structures, off-street parking lots, and loading areas shall be set back at least 20 feet from the rear lot line.

Residential Buffer Strip. Any lot adjoining the RM District shall maintain a twenty-five-foot-wide minimum setback for nonresidential buildings, structures, off-street parking lots, and loading areas from the property boundary. Such area shall be used for plant screening and a vegetated buffer area.

Maximum Permitted Height: 35 feet.

Off-Street Loading. Off-street loading shall be provided, as specified in § 27-311 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within the RM District, nor any side of a building facing an adjoining street.

Applications shall comply with the screening and landscaping requirements in Chapter 22, Subdivision and Land Development.

Landscaping.

A minimum ten-foot-wide landscape strip shall be provided along all property lines. Such landscape strip may be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

Business Operations. All business operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations controlling nuisances and environmental impacts.

§ 27-211 Q Quarry District.

[Ord. No. 2022-01, 1/10/2022]

Allowed Uses. See Table 27-202.

Maximum Permitted Structure Height. The height of any principal or accessory structure shall not exceed 35 feet, except that chimneys, flagpoles, water tanks, pumps and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon a building or are an integral part of the quarrying operation. All structures extending above 35 feet from grade shall be set back a distance at least equal to their height from all property lines. For purposes of structures within a quarry, the term "finished grade" shall mean the average elevation of 100 feet of the undisturbed surface abutting the nearest edge of the quarry.

Off-Street Loading. Off-street loading shall be provided as specified in § 27-311 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within the SR District, nor any side of a building facing an arterial street.

Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings.

Waste Products. All dumpsters shall be set back a minimum of 100 feet from any adjoining properties, and shall comply with § 27-303.4 of this chapter.

Industrial Operations Standards. See § 27-319.

All uses permitted within this district shall also comply with the applicable general provisions in Part 3 of this chapter.

§ 27-212 I Industrial District.

[Ord. No. 2022-01, 1/10/2022]

Allowed Uses. See Table 27-202.

Minimum Lot Area Requirements. Unless otherwise specified, each use within this district shall have a minimum lot area of 43,560 square feet.

Maximum Lot Coverage: 60%, except that the lot coverage may be increased to 75% subject to receipt of one TDR for each 4,000 square feet of additional lot coverage or fraction thereof.

Minimum Lot Width: 200 feet; provided, however, the width at the street right-of-way line shall be not less than 70% of the minimum lot width.

Minimum Setback Requirements (Principal and Accessory Uses).

Front Yard Setback. All buildings, structures (except permitted signs), off-street loading areas, dumpsters, and outdoor storage areas shall be set back at least 50 feet from the adjoining right-of-way. All parking lots shall be set back at least 20 feet from any adjoining right-of-way.

Side Yard Setbacks. All buildings, structures (except permitted signs), dumpsters, and off-street loading areas shall be set back at least 30 feet from any side property lines. All outdoor storage areas and off-street parking lots shall be set back at least 20 feet from any side lot lines, unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side yard setbacks can be waived solely for parking and/or loading facilities.

Rear Yard Setback. All buildings, structures, dumpsters, and off-street loading areas shall be set back at least 35 feet from any rear property lines. All outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines.

Residential Buffer Strip. Any use adjoining land within a residential district, or across a road from land within a residential district, shall maintain a seventy-five-foot minimum setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading areas from the residential district. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping.

Accessory Recreation Uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.

Maximum Permitted Structure Height.

The height of any principal structure shall not exceed 35 feet, except that up to 70 feet may be permitted with additional building setback as provided in § 27-212.6C, and subject to receipt on one TDR for each 4,000 square feet of building area or fraction thereof, based on the building footprint, that exceeds 35 feet. TDRs received for purposes of increasing permitted height shall be in addition to any TDRs received for purposes of increasing lot coverage as provided in § 27-212.3.

The height of chimneys, flagpoles, elevator shafts, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building.

All structures extending above 35 feet from grade (except permitted signs) shall be set back a distance at least equal to their height from all property lines.

Off-Street Loading. Off-street loading shall be provided, as specified in § 27-311 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within an SR, V or RM District, nor any side of a building facing an adjoining street.

Screening. A visual screen must be provided along any adjoining lands within a V, RM or SR District, regardless of whether or not the parcel is developed.

Landscaping.

A minimum twenty-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.

10.

Waste Products. All dumpsters shall be set back a minimum of 75 feet from any adjoining residentially zoned properties, and shall comply with § 27-303 of this chapter.

11.

Industrial Operations Standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.

12.

Outdoor Storage. Within the I District, outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and they comply with all of those setbacks specifically imposed thereon, listed in this section. Outdoor display areas for vehicles that are actively for sale or lease need not be screened from adjoining roads.

13.

All uses permitted within this I District shall also comply with the applicable general provisions in Part 3 of this chapter.

§ 27-213 CLI Commercial/Light Industrial District.

[Ord. No. 2022-01, 1/10/2022]

Within the CLI District, the same dimensional requirements shall apply as are provided in § 27-210 for the LC District.

§ 27-214 Airport Safety Overlay District.

[Ord. No. 2022-01, 1/10/2022]

Purpose. This district is adopted pursuant to the authority conferred by the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq., and the MPC. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Lancaster Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Lancaster Airport; and that an obstruction may reduce the size of areas available for the landing, take off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Lancaster Airport. Accordingly, it is declared:

Creation of an obstruction has the potential of being a public nuisance.

It is necessary in the interest of public health, safety, and general welfare that the establishment of obstructions that are a hazard to air navigation be prevented.

The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

Definitions. Words and phrases in this district which are defined in the Aviation Code, 74 Pa.C.S.A. § 5102, shall have the meanings set forth therein. In addition, the following words and phrases shall have the meanings provided herein.

AIRPORT

The Lancaster Airport.

AIRPORT ELEVATION

The highest point of an airport's usable landing area measured in feet from sea level.

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach height limitation slope set forth in Subsection 4 herein. In plan, the perimeter of the approach surface coincides with the perimeter of the approach district.

CONICAL SURFACE

A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

HAZARD TO AIR NAVIGATION

An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable air space.

HORIZONTAL SURFACE

A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal district.

LARGER THAN UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.

NONPRECISION INSTRUMENT RUNWAY (NPIR)

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in, nonprecision instrument approach procedure has been approved or planned.

OBSTRUCTION

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Subsection 4 herein.

PRECISION INSTRUMENT RUNWAY (PER)

A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), or a precision approach runway (PAR), or a runway for which a precision approach system is planned and is so indicated on an approach airport layout plan or any other planning document.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Subsection 3A herein. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

RUNWAY

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

STRUCTURE

For the purposes of this section, a structure shall be any object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines, in addition to those objects defined in § 27-112.

TRANSITIONAL SURFACES

These surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90° angles to the extended runway center line.

TREE

Any object of natural growth.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

Delineation of Safety Districts. In order to carry out the provisions of this section, there are hereby created and established certain districts which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces, as they apply to the Lancaster Airport. Such airport districts are shown on the Penn Township Height Limitation and Zoning District Map, prepared by PennDOT Bureau of Aviation, dated 1989, which is attached to this chapter and made a part thereof.[1] An area located in more than one of the following districts is considered to be only in the district with the more restrictive height limitation. The various districts are hereby established and defined as follows, recognizing that all such districts may not be located within the Township of Penn:

Utility Runway Visual Approach Surface (VAS) District. Established beneath the visual approach surface. The inner edge of this district coincides with the width of the primary surface and is 250 feet wide. The district expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Utility Runway Nonprecision Instrument Approach Surface (NPIAS) District. Established beneath the NPIAS District. The inner edge of this district coincides with the width of the primary surface and is 500 feet wide. The district expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway Larger than Utility VAS District. Established beneath the visual approach surface. The inner edge of this district coincides with the width of the primary surface and is 500 feet wide. The district expands outward uniformly to a width of 1,500 feet in a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile NPIAS District. Established beneath the nonprecision instrument approach surface. The inner edge of this district coincides with the width of the primary surface and is 500 feet wide. The district expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway Larger than Utility with a Visibility Minimum as Low as 3/4 Mile NPIAS District. Established beneath the nonprecision instrument approach surface. The inner edge of this district coincides with the width of the primary surface and is 1,000 feet wide. The district expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

PIRAS District. Established beneath the precision instrument approach surface. The inner edge of this district coincides with the width of the primary surface and is 1,000 feet wide. The district expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Transitional Surface Districts. Established beneath the transitional surface adjacent to each runway and approach surface as indicated on the Height Limitation and Zoning District Map.[2]

[2]

Editor's Note: Said map is included as an attachment to this chapter.

Horizontal Surface District. Established beneath the horizontal surface, 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii for all runways designated as utility or visual and 10,000 feet radii for all other runways.

Conical Surface District. The Conical District is established as the area that commences at the periphery of the horizontal district and extends outward therefrom a horizontal distance of 4,000 feet.

[1]

Editor's Note: Said map is included as an attachment to this chapter.

Airport Safety District Height Limitations. Except as otherwise provided in this district, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any district created by this section to a height in excess of the applicable height herein established for such district. Such applicable height limitations are hereby established for each of the districts in question, as follows:

Utility Runway VAS District. Slopes 20 feet outward for each foot upward beginning at the end of, and at the same elevation as, the primary surface, and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Utility Runway Nonprecision Instrument Approach Surface (NPIAS) District. Slopes 20 feet outward for each foot upward beginning at the end of, and at the same elevation as, the primary surface, and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Runway Larger than Utility VAS District. Slopes 20 feet outward for each foot upward beginning at the end of, and at the same elevation as, the primary surface, and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile NPIAS District. Slopes 34 feet outward for each foot upward beginning at the end of, and at the same elevation as, the primary surface, and extending to a horizontal distance of 10,000 feet along the extended runway center line.

Runway Larger than Utility with a Visibility Minimum as Low as 3/4 Mile NPIAS District. Slopes 34 feet outward for each foot upward beginning at the end of, and at the same elevation as, the primary surface, and extending to a horizontal distance of 10,000 feet along the extended runway center line.

Precision Instrument Runway Approach Surface (PIRAS) District. Slopes 50 feet outward for each foot upward beginning at the end of, and at the same elevation as, the primary surface, and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.

Transitional Surface Districts. Slopes seven feet outward for each foot upward beginning at the sides of, and at the same elevation as, the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation, which for the Lancaster Airport is 403 feet above mean sea level. In addition to the foregoing, when an airport has a PIRAS District, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of, and the same elevation as, the approach surface, and extending to where they intersect the conical surface. Where the PIRAS District projects beyond the Conical District, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of, and the same elevation as, the approach surface, and extending a horizontal distance of 5,000 feet measured at 90° angles to the extended runway center line.

Horizontal Surface District. Established at 150 feet above the airport elevation or at a height of 553 feet above mean sea level for the Lancaster Airport.

Conical Surface District. Slopes 20 feet outward for each foot upward beginning at the periphery of the Horizontal District and at 150 feet above the airport elevation and extending to a height 350 feet above the airport elevation.

Excepted Height Limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 35 feet above the surface of the land.

Airport Approach Use Restrictions.

Notwithstanding any other provisions of this chapter, no use may be made of the land or water within any district established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intended to use the airport.

The districts established by this section represent overlay zoning districts that are concerned with permitted height and safe operation of aircraft. The underlying zoning district shall prescribe all other zoning-related standards and uses which shall be imposed upon any lands within the Township. In those instances where an Airport Safety District prescribes a height restriction different than that imposed by the underlying zoning district, the most restrictive standard shall apply.

Airport Approach Nonconforming Structure or Uses.

Regulations Not Retroactive. The regulations prescribed in this district shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming structure or use. Nothing contained herein shall require any change in the construction or alteration of which was begun prior to the effective date of this section and is diligently pursued.

Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers or lights as shall be deemed necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport owner.

Airport Approach Permits.

Future Uses. Except as specifically provided in Subsections 7A(1), (2), and (3) below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any district hereby created, unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted, unless a variance has been approved in accordance with this section.

(1)

In the area lying within the limits of the Horizontal District and Conical District, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such districts.

(2)

In areas lying within the limits of the approach districts, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, it would extend above the height limit prescribed for such transition districts.

(3)

In the areas lying within the limits of the transitional districts beyond the perimeter of the Horizontal District, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition districts.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree in excess of any height limits established by this district, except as set forth in Subsection 4A herein.

Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this section or any amendment thereto, or than it was when the application for a permit was made. Except as indicated, all applications for such a permit shall be granted.

Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these regulations.

Airport Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use the property not in accordance with the regulations prescribed in this section may apply to the Zoning Hearing Board (ZHB) for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities, and the safe, efficient use of navigable air space. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, and the relief granted will not be contrary to the public interest, will be the minimum variance necessary to grant relief, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this section.

(1)

Additionally, no application for variance to the requirements of this section may be considered by the ZHB, unless the applicant shall have furnished a copy of the application to the Airport Manager and to the registered owner of the real estate upon which the airport is located, for advice as to the aeronautical effects of the variance.

(2)

If the Airport Manager or the other owner of the real estate upon which the airport is located does not respond to the application within 15 days after receipt, the ZHB may act on its own to grant or deny said application. Notwithstanding any other provisions of law, if a permit or variance under this section is proposed, the Township shall notify PennDOT of its decision. This notice shall be in writing and shall be sent so as to reach PennDOT at least 10 days before the date upon which the decision is to be issued.

Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed necessary by the ZHB, this condition may be modified to require the owner to permit the Lancaster Airport, at its own expense, to install, operate, and maintain the necessary markings and lights.

Airport Approach Enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations in this § 27-214. Applications for permits and variances shall be made to the Zoning Officer upon a form published for that purpose. Applications required by this section to be submitted to the Zoning Hearing Board shall be forthwith transmitted by the Zoning Officer.

§ 27-215 Natural Resources Overlay District.

[Ord. No. 2022-01, 1/10/2022]

Purposes. The following natural resource protection standards are established to protect the public health, safety, and welfare by minimizing adverse environmental impacts and are specifically authorized by § 604 of the MPC.[1] These standards are intended to meet the following purposes.

Promote and implement §§ 603(c)(7), 603(g)(2), and 604(1) of the MPC[2] providing for the protection and preservation of environmentally sensitive areas and natural resources through municipal zoning ordinances.

[2]

Editor's Note: See, respectively, 53 P.S. §§ 10603(c)(7), 10603(g)(2), and 10604(1).

Define and delineate selected environmental resources within the Township and establish resource protection standards to assist the Township in reducing the impact proposed uses will have on the environment.

Conserve, protect, and preserve valuable natural resources within the Township in accordance with the goals and objectives of the Comprehensive Plan.

[1]

Editor's Note: See 53 P.S. § 10604.

Applicability. It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this section prior to the submission, review, and approval of an application for development.

Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this section and other applicable chapter provisions.

Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.

In the event that two or more natural resource areas identified in this section overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing, or building) shall apply to the area of overlap.

Floodplains. The identified floodplain areas are established in accordance with Chapter 8, Floodplains.

Steep Slopes.

Delineation.

(1)

Any application where these standards apply shall delineate slopes from 15% to less than 25%, and slopes 25% and greater using two-foot contour intervals. The two categories of steep slopes shall be identified on the land through shading or some other means. The applicant shall state the source of the topographic information, and if the source is not deemed reliable, the Zoning Officer may require use of a professional topographic survey, if necessary to determine compliance.

(2)

The Zoning Officer may waive the submission of two-foot contour information for land areas of more than 10 acres if the plan states that such acreage is not proposed for any disturbance, development or grading, unless a new application would be submitted for such land areas, and provided such land areas do not affect compliance.

(3)

A determination of compliance shall be made by the Zoning Officer, who may require the submission of additional or corrected information if necessary to determine compliance. The Zoning Officer may request a review by the Township Engineer to aid in a determination.

(4)

Appeals of a determination may be made to the Zoning Hearing Board.

Slope Protection Standards.

(1)

Disturbance Limitations.

(a)

No more than 30% of an area of 15.0% but less than 25.0% slope shall be regraded, cleared, built upon, or otherwise altered or disturbed.

(b)

No more than 15% of an area of 25.0% or greater slope shall be regraded, cleared, built upon, or otherwise altered or disturbed.

(c)

For a subdivision or land development, such maximum disturbances shall be based upon the entire subdivision or land development, provided the allowed amount of slope disturbance is allocated to various lots.

(2)

General Standards.

(a)

Proposed land disturbance or the construction of buildings or structures shall be conducted in such a manner as to provide the least alteration necessary of the existing grade, vegetation, and natural soils condition and in a manner that will not cause excessive surface water runoff, erosion, and unstable soil conditions.

(b)

Excessive cut and fill shall be avoided. New roads and improvements to existing roads should be designed to follow the existing contours of the land to the extent possible and strive for compatibility with the character of existing rural roads.

(c)

Removal of or disturbance to existing vegetation in steep slope areas shall be minimized, except for noxious weeds.

(d)

Important visual qualities of the site should be considered in site design, including preservation of woodlands, avoiding construction on top of prominent ridgelines, and maintaining rock outcroppings.

(e)

Driveways shall be designed to avoid excessive changes in the topography.

(f)

Driveway gradients shall not exceed 10% slope, provided that portions of a residential driveway may have a slope of 12% if it would reduce disturbance of steep slope areas and woodlands.

(g)

Innovative building techniques that are well suited to steep slope conditions are encouraged, consistent with other applicable codes and regulations.

(h)

Finished slopes of all permitted cut and fill shall not exceed 3:1 or 33%, unless the applicant provides an expert opinion that a method will be used for steeper slopes to be stabilized and maintained adequately.

Riparian Buffers.

Delineation.

(1)

The required riparian buffer width shall be determined by the stream order in accordance with the following table:

Stream Order	Required Riparian Buffer Width
1 and 2	35
3	50
Greater than 4	75

(2)

Stream order shall be determined using the Strahler method, which categorizes stream order based on a hierarchy of tributaries.

Strahler Stream Classification

(3)

Riparian buffer width shall be measured perpendicularly from the following reference points: top of bank of perennial streams, center line of intermittent streams, and mean water level of lakes and ponds.

(4)

Where an identified floodplain area or wetland is located adjacent to a riparian buffer, the riparian buffer shall be extended to encompass entire identified floodplain area and wetland area.

Waterway Protection Standards.

(1)

Existing vegetated areas shall be preserved to the maximum extent possible.

(2)

The following uses shall have a minimum separation distance from the top of bank of any stream, floodplain, or wetland included in the riparian buffer, unless a wider separation is required by another section of this chapter:

Use	Minimum Separation Distance (as measured from top of stream bank)
Septic drainfields and sewer disposal systems	100 feet
Solid waste disposal facilities/junkyards	300 feet
Petroleum storage facilities	150 feet
Application of biosolids	100 feet

(3)

Except as listed below, no filling, regrading, or disturbance shall be permitted within the riparian buffer:

(a)

Provision for nonmotorized recreation trail access.

(b)

A soil or stream conservation project, including reforestation and stream bank stabilization, approved by the Lancaster County Conservation District.

(c)

Livestock crossings.

(d)

Infrastructure and public utilities.

(e)

A necessary approximately perpendicular road or driveway crossing or improvement.

(4)

There shall be no disposal of trash or storage of materials, except as permitted above, within the riparian buffer.

Wetlands.

Delineation. The applicant shall delineate the limits of wetlands on the site in accordance with the following:

(1)

A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications shall be submitted to the Township. If there is a question as to the accuracy of the wetland delineation report, the Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.

(2)

Such a professional shall certify that the methods used correctly reflect the currently accepted technical concepts set forth and accepted by the Army Corps of Engineers and DEP. Methods used in the delineation report shall be acceptable to the Township Engineer.

(3)

The wetland report shall include a determination of whether wetlands are present or not present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.

(4)

The application shall also identify any of the following areas that are present on the site:

(a)

Areas delineated as wetlands in the National Wetlands Inventory and/or the Lancaster County Natural Areas Inventory.

(b)

Areas consisting of one or more of the following soil types having a very high percentage of hydric components, as designated by the U.S. Natural Resource Conservation Service, or their successor soil designations:

Bale silt loam (Ba).

Bowmansville silt loam (Bo).

Holly silt loam (Hg).

Towhee silt loam, 0% to 3% slopes (ToA).

Watchung extremely stony silt loam, 0% to 8% slopes (WbB).

Wetland Protection Standards.

(1)

Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the DEP and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. The applicant shall concurrently provide to the Township a copy of the application and any other wetlands information submitted to DEP and the U.S. Army Corps of Engineers.

(2)

Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained.

(3)

A ten-foot-wide wetlands buffer shall be maintained around the wetlands boundary. This buffer shall not be occupied by new impervious surfaces, septic systems, roads, driveways, parking, buildings or storage, but may be part of a yard area for a building.

(4)

The application of biosolids shall not occur within 100 feet of the wetlands boundary.