The regulations contained in this article shall apply to all
uses within the Township.
Access drives are private drives which provide vehicular movement between a street and a tract of land containing any use other than a single-family dwelling unit or a farm. Access drives shall conform with Chapter 372, Subdivision and Land Development, of this Code, and the following:
A.
Except as specified elsewhere, the number of access drives intersecting
with a street shall not exceed two per lot.
B.
The edge(s) of all access drives shall be set back at least:
(1)
Fifty hundred feet from the intersection of any street right-of-way
lines;
[Amended 3-7-2009 by Ord.
No. 2009-04]
(2)
One hundred feet from any other access drive located upon the same
lot, measured from cartway edges; and
(3)
Fifteen feet from any side and/or rear property lines; however, this
setback shall not be required along one property line when a joint
parking lot is shared by adjoining uses.
A.
An accessory building or structure shall not be erected, set, or
placed in the required front yard of any zoning district, with the
exception of security guard stations and outdoor lighting fixtures.
B.
An accessory building or structure may be erected, set or placed
inside rear or side yards, provided that:
(1)
The accessory building or structure shall be no closer than 10 feet
to the nearest wall of the principal or main building. Any accessory
building or structure erected, set or placed less than 10 feet from
the principal or main building shall be attached to the principal
or main building and shall be considered as part of that structure.
(2)
Accessory buildings shall comply with the applicable building setback
requirements for the zoning district in which they are located.
(3)
When an accessory building is erected on a corner lot, the accessory
building shall be not less than the required front yard depth from
the corner lot line.
C.
An accessory building or structure shall be included in the lot coverage.
E.
The use of nontraditional storage units, including those commercially
known as "pods" or enclosed "container" of a box trailer with or without
wheels, shall be permitted on a temporary basis, subject to the following:
(1)
Units shall be permitted for a maximum period of 60 consecutive days
in any one calendar year. This period may be extended upon written
request to the Zoning Officer for a period not exceeding 180 days.
(2)
The enclosed "container" of a box trailer with wheels may be used
for temporary construction storage for the period for which a valid
building permit has been issued. Such units shall be licensed and
located in accordance with the required accessory use setback of the
zoning district in which the property is located.
(3)
The container of a box trailer, with or without wheels, shall not
be used for permanent storage in any zoning district.
F.
The only overnight parking of trucks and buses that shall be allowed
in a residential zoning district shall be for a maximum of two vehicles,
each up to 14,000 pounds aggregate gross vehicle weight, and which
shall only be allowed if such vehicle(s) is used by residents of the
dwelling to travel to and from work.
A.
Any nonresidential zone or mixed use zone with a nonresidential use
adjoining land within a residential or mixed use zoning district shall
meet the following buffer yard type and width requirements, unless
otherwise stipulated in this chapter. The buffer yard shall extend
the entire length or width of the property line of the adjoining zone
or lot.
|
Buffer Yards
| ||
|---|---|---|
|
Buffer Yard
|
Nonresidential or
|
Minimum Buffer Yard
|
|
Type
|
Mixed Use District*
|
Width
(feet)
|
|
1
|
(MU) Mixed Use
|
15
|
|
(C-1) Service Commercial
|
15
| |
|
(U) University
|
15
| |
|
2
|
(C-2) General Commercial,
|
50
|
|
3
|
(I) Industrial
|
100
|
|
*
|
Applies only when the use in the Mixed Use District is other
than a single-family residence
|
B.
Buffer yard landscaping minimum shall be as follows:
(1)
Buffer yard type 1: One shade tree per 50 feet linear feet of buffer
screen, one evergreen tree per 40 feet linear feet of buffer screen.
(2)
Buffer yard type 2: One shade tree per 40 feet linear feet of buffer
screen, one evergreen tree per 30 feet linear feet of buffer screen,
one deciduous or evergreen shrub per 20 feet linear feet of buffer
screen.
(3)
Buffer yard type 3: One shade tree per 30 feet linear feet of buffer
screen, one evergreen tree per 10 feet linear feet of buffer screen,
one deciduous or evergreen shrub per 10 feet linear feet of buffer
screen.
C.
Any lot used for other than a single-family detached or semidetached
residence in a residential or mixed use zone and abutting an existing
or planned single-family detached or semidetached residence shall
meet the requirements for buffer yard type 1, unless otherwise stipulated
in this chapter.
D.
In the MU Zoning District, where a lot used for nonresidential or
multifamily uses abutting another lot of similar use, no buffer yard
or screening is required.
E.
Buffer yard type 2 shall be required within the front setback area
of all properties located adjacent to a minor arterial or along a
collector roadway, as defined by the Township Comprehensive Plan,
with the exception of those areas located in a Mixed Use District.
F.
All buffer yards shall meet the following requirements.
(1)
No buffer yard or part thereof shall be used for parking, storage,
loading and unloading.
(2)
Buffer yards may coincide within any required building setback requirements.
(3)
Buffer yards may be crossed by access roads, service drives or easements
with a maximum width of 35 feet, provided that the center line of
road, drive or easement crosses the lot line and buffer yard at not
less than 75°; however, no turning or maneuvering of vehicles
shall be permitted in the buffer area.
(4)
Buffer yards shall extend for the entire width of the property line
adjoining the residential property or district.
(5)
All screening materials and landscaping shall not encroach upon the
adjoining property line at full maturity.
G.
No buffer yard shall be required for any nonresidential use separated
from a residential use by a public street.
H.
Characteristics of buffer yards.
(1)
The buffer yard shall be a landscaped area free of structures, dumpsters,
commercial or industrial storage or display, manufacturing or processing
activity, materials, loading and unloading areas or vehicle parking
or display. Signs shall be permitted in a buffer yard fronting a street.
Buffer yards shall primarily include evergreen plants in addition
to any required shade trees.
(2)
As a special exception use, the applicant may prove to the satisfaction
of the Zoning Hearing Board that an alternative method of screening
will satisfactorily avoid conflicts between uses and provide an attractive
appearance. For example, the Board may approve a decorative brick
wall to be placed between a loading area and an abutting street.
I.
Plant screen.
(1)
Each buffer yard shall include a planting screen of trees or shrubs
extending the length of the lot line.
(2)
Each planting screen shall meet the following requirements:
(a)
Plant materials needed to form the visual screen shall have
a minimum height when planted of three feet. An initial height of
two feet may be used where a parking area is intended to be visible
from a street for security purposes. The shade trees may be clustered
or spaced unevenly. Where street trees are approved and provided in
the right-of-way or healthy existing trees will be preserved, those
trees may serve in place of this shade tree requirement.
(b)
Plants needed to form the visual screen shall be of such species,
spacing and size as can reasonably be expected to produce within five
years a mostly solid year-round visual screen at least six feet in
height.
(c)
The plant screen shall be placed so that at maturity the plants
will not obstruct a street or sidewalk.
(d)
The plant visual screen shall be interrupted only at:
(e)
American arborvitae and similar weak-stem plants shall not be
used to meet the buffer yard requirements. If more than 20 evergreen
plants are proposed, no more than 50% shall be of one species.
(f)
Where space allows, evergreen trees should be planted at diagonal
offsets so that there is room for future growth of the trees.
(g)
The plant screen shall be maintained in a healthy condition.
Any landscaping that dies or is severely damaged shall be replaced
by the current property owner as soon as is practical considering
growing seasons, within a maximum of 150 days.
J.
Fences.
(1)
Any fence in a buffer yard shall be placed on the inside of any required
plant screening.
(2)
As a condition of any variance or special exception approval, the
Zoning Hearing Board may require the installation of a fence in addition
to a buffer yard. As a condition of any land development approval,
the Board of Supervisors may require the installation of a fence in
addition to a buffer yard.
A.
In a clear sight triangle no walk, fence, sign or other structure
shall be erected or altered, and no hedge, tree, shrub or other growth
shall be maintained or permitted, between three feet and eight feet
above the street grade that may cause danger to traffic or a street
or public road by obscuring the view.
B.
Where two streets intersect, a clear sight triangle shall be required.
Each of the two shorter legs of the triangle shall be measured from
30 feet back from the point of intersection of the street cartways
(disregarding the curbed radius at the corner). These two legs shall
be connected by a third longer leg.
C.
See the definition of "alley," which is distinguished from a "street."
D.
Where a street intersects with an alley, a clear sight triangle shall
be established with one leg of the triangle 15 feet long along the
edge of the right-of-way of the street and one leg of the triangle
10 feet long along the center line of the alley, with the two legs
connected by a third longer leg.
E.
Where two alleys intersect, a clear sight triangle shall be established
with each leg of the triangle 10 feet long along the center line of
each alley and with the two legs connected by a third longer leg.
F.
Driveways and access drives shall be located and constructed so that
a clear sight triangle is provided. Two apexes of the triangle shall
be located in both directions along the street center line, 75 feet
from a point where the center line of a driveway or access drive and
street intersect. The vertex of the triangle shall be located along
the center line of the driveway or access drive on the site and 15
feet from the property/street right-of-way line.
In those instances where common open space is required elsewhere
in this chapter, or when an applicant proposed the use of common open
space, such common open space shall comply with the following:
A.
Required common open space shall be designed and arranged to achieve
at least one of the following objectives, and the applicant shall
demonstrate those specific measures employed to achieve these objectives:
(1)
Protection of important natural resources (e.g., productive agricultural
soils, streams, ponds, wetlands, steep slopes, woodlands, unique geologic
features, wildlife habitats, aquifer recharge areas, etc.);
(2)
Protection of important historical sites, archeological sites, or
both;
(3)
Provisions of usable play and recreation areas that are conveniently
accessible to residents within the development and the Township;
(4)
Integration of greenbelts throughout the development that link residences
with on-site or adjoining parks, schools, or other similar features;
(5)
Be contained on a separate lot having a minimum contiguous lot area
of one acre, except where part of a condominium development. A minimum
width of land of 20 feet shall be maintained between areas to be considered
contiguous land;
(7)
Contain accessory structures to support the principal use of the
property as common open space. Principal structures, such as dwelling
units, shall not be permitted on common open space.
B.
An essential element of the use of common open space is a written
description and plan for the disposition of the ownership of common
open space land designating those areas to be offered for dedication
or to be owned by the specific form of organization proposed. The
common open space shall be accomplished through one of the following:
(1)
An offer of dedication to the Township. The Township shall not be
obligated to accept dedication of the common open space.
(2)
With the permission of the Township, and with appropriate deed restrictions
in favor of the Township and in language acceptable to the Township
Solicitor, the developer may transfer ownership of the common open
space or a portion thereof to a private, nonprofit organization, among
whose purposes is the preservation of common open space land, natural
resources, or both. The organization shall be a bona fide conservation
organization with a perpetual existence; the conveyance must contain
appropriate provisions for reverter or retransfer if the organization
is unable to maintain the land; and the organization must enter into
a maintenance agreement with the Township.
(3)
The developer shall provide for and establish an organization for
the ownership and maintenance of the common open space which shall
be generally consistent with the requirements for unit owners' associations
found in the Pennsylvania Uniform Condominium Act, as amended. If
such an organization is created, the agreements of sale and deeds
for all lots shall contain the following requirements in language
acceptable to the Township Solicitor:
(a)
Such organization shall not dispose of the common open space
by sale or otherwise, except to the Township, unless the Township
has given prior written approval. Such transfer shall be made only
to another organization which shall maintain the common open space
in accordance with this chapter.
(b)
The organization and all lot owners shall enter into a maintenance
agreement with the Township and shall agree to be bound by the provisions
of the Pennsylvania Municipalities Planning Code,[1] as amended, relating to the maintenance of deteriorating
common open space by municipalities.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(c)
The Township may require the establishment of a reserve fund
to provide for maintenance of or capital improvements to the common
open space.
The placement of compost as an accessory residential use is
permitted, subject to all accessory use setbacks. Only waste materials
from the residential site shall be deposited within the compost, and
in no case shall meat or meat by-products, dairy products or bones
be composted. All compost shall be properly maintained so as not to
become a nuisance to nearby properties and, in residential districts
or along property boundaries abutting a residential district or residential
use, shall not exceed five feet in height and 10 feet in width or
diameter.
Driveways shall include private drives serving individual farms
and single-family dwellings, as well as shared driveways serving two
dwellings. Driveways shall meet the following standards:
A.
No more than two driveway connections per lot shall be permitted.
B.
Driveways and parking areas shall not be less than 40 feet from the
edge of the cartway of any street intersection, nor less than five
feet from a fire hydrant, nor less than five feet from adjoining lot
lines, unless a shared driveway is proposed.
C.
A driveway shall not exceed a slope of 8% within 25 feet of the street
right-of-way lines.
D.
No driveway shall provide a curb cut exceeding 20 feet in width.
On uncurbed streets a radius of no less than five feet and no greater
than 15 feet is permitted on both sides of the driveway in addition
to the twenty-foot driveway width.
E.
Any driveway intersecting with a state-owned road shall require the
obtainment of a highway occupancy permit from the Pennsylvania Department
of Transportation.
F.
Driveways shall not interfere with normal traffic movement nor be
constructed in a manner to be inconsistent with the design, maintenance
and drainage of the street. When required to maintain drainage, a
pipe no less than 15 inches in diameter shall be installed.
G.
A driveway location shall be delineated on all plans, as applicable.
H.
Shared driveways may be used to provide required vehicular access
between two single-family detached dwellings and a street. Shared
driveways shall not exceed 1,000 feet in length.
A.
Solid waste dumpsters shall be screened on all sides. Such screening
shall consist of decorative masonry walls, solid weather-resistant
wood fencing of a similar appearance (such as white vinyl vertical
planks). Primarily evergreen plantings are encouraged in addition
to the fence or wall. The fence or wall shall include a self-latching
door or gate.
B.
Setback from dwellings. An outdoor solid waste container with a capacity
of over 25 cubic feet shall be kept the maximum distance that is feasible
from any abutting dwelling, provided that the container is not in
the minimum front yard setback area. In any case, an outdoor solid
waste container shall be kept a minimum of 15 feet from an abutting
dwelling. A solid waste dumpster shall not be located in a front,
side or rear setback yard or a required buffer yard.
C.
All waste containers shall be completely enclosed, and the lid shall
be kept in place. The locations of all dumpsters shall be shown on
all site plans and land development plans submitted to the Township.
D.
This section shall not apply to dumpsters temporarily placed during
actual construction or demolition on the premises or for recycling
containers that do not involve garbage.
Any fence shall be offset a minimum of three feet from the property
line, allowing adequate space to properly maintain the fence without
encroachment on neighboring properties. In any instance where a fence
has a finished and an unfinished face, the fence shall be installed
so that the finished face is facing the outside of the property. All
fences shall be subject to the issuance of a building permit.[1]
A.
The height of any building may exceed the maximum permitted height
by one foot for each additional foot by which the width of each yard
exceeds the minimum yard regulation for the district in which the
building is located. Where a lot has frontage on two or more streets
or other public rights-of-way, the height limitation shall apply only
as measured from the curb level along the street or way with a higher
elevation above sea level.
B.
Height regulations shall not apply to barns intended for farming
operations, skylights, steeples of houses of worship, antennas, spires,
belfries, windmills, cupolas, penthouses or domes not used for human
occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads,
utility poles or towers, silos, clock or bell towers, elevator shafts,
mechanical equipment or other appurtenances usually required to be
and customarily placed above roof level and not intended for human
occupancy.
C.
No building hereafter shall be erected less than one story in height.
A.
All manure management practices and operations shall comply with
the provisions set forth in the Nutrient Management and Odor Management
Act, 3 Pa.C.S.A. § 501 et seq., as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
All waste storage facilities shall be designed and constructed in
compliance with 25 Pa. Code § 91.36(a), as amended.
A.
All lakes, dams, ponds and impoundments shall be permitted in any zone, subject to Chapter 372, Subdivision and Land Development, and all state and/or federal requirements.
B.
All ponds constructed within areas subject to livestock shall be
enclosed with fencing that prevents livestock from trampling the pond's
shores and polluting the waters.
C.
All lakes, dams, ponds and other impoundments shall be regularly
maintained to prevent stagnation and to prevent a nuisance to adjacent
properties. Floating debris shall be removed from all pipes and spillways.
If the ponds, lakes, dams and impoundments have pipes and spillways,
they shall be regularly cleaned.
A.
A lot in a commercial or industrial district may include more than
one permitted principal use per lot and/or more than one permitted
principal building per lot, provided that every requirement is met
for each use and each building. If differing dimensional requirements
apply for different uses on the lot, then the most restrictive requirement
shall apply.
(1)
For example, if Use 1 requires a one-acre lot area and Use 2 on the
same lot requires a two-acre lot area, then the lot shall have a minimum
lot area of two acres.
(2)
The lot may include a condominium form of ownership of individual
buildings, with a legally binding property owners' association, if
the applicant proves to the satisfaction of the Zoning Officer, based
upon review by the Township Solicitor, that there will be appropriate
legal mechanisms in place and compliance with applicable state law.
B.
A lot within a residential district shall not include more than one
principal use and shall not include more than one principal building
unless specifically permitted by this chapter.
(1)
A manufactured/mobile home park, condominium residential development
or apartment development may include more than one principal building
per lot, provided all other requirements of this chapter are met.
(2)
A condominium form of ownership of individual dwelling units, with
a legally binding homeowners' or other association, may be established
if the applicant proves to the satisfaction of the Zoning Officer,
based upon a review by the Township Solicitor, that there will be
appropriate legal mechanisms in place and in compliance with applicable
state law.
A.
Ornamental ponds and wading pools shall comply with all accessory
use setbacks.
B.
All such ponds or pools shall be maintained so as not to pose a nuisance
by reason of odor or the harboring of insects, vermin, or both.
C.
No such pond shall be used for the commercial hatching of fish or
other species.
A.
Motor vehicles without current valid license plates or inspection
stickers which are more than 60 days beyond their expiration dates
shall not be parked or stored in any zone unless stored within a completely
enclosed building or completely covered.
B.
The requirements of this section shall not be applicable to farm
implements and other farm vehicles not normally used as a means of
conveyance on public streets.
C.
Nothing in this section shall be interpreted to prevent the unenclosed
storage of motor vehicles without current valid license plates and
current valid inspection stickers if such storage is performed in
conjunction with the legal operation of a motor vehicle sales establishment,
a motor vehicle service or repair establishment, or a junkyard.
All uses shall be subject to and comply with the following regulations
or as amended, where applicable.
B.
Air pollution. Airborne emissions and odor: Rules and regulations
of the Pennsylvania Department of Environmental Protection.
C.
Water pollution. The Clean Streams Law, June 22, 1937, P.L. 1987,
35 P.S. § 691.1 et seq., or as amended.
D.
Mine reclamation and open pit setback. Pennsylvania Act 147, the
Surface Mining Conservation and Reclamation Act of 1971, or as amended.
E.
Glare and heat: rules and regulations of the Pennsylvania Department
of Environmental Protection.
F.
No use or operation shall be permitted which creates a public nuisance
or hazard to adjoining property by reason of fire, explosion, radiation
or other similar cause.
G.
Outdoor lighting. Where light fixtures are installed to provide exterior
illumination, excluding overhead streetlighting and warning, emergency
or traffic signals, the following restrictions shall apply.
(1)
All outdoor lighting, whether or not required by this chapter, shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illuminating Engineering Society of North
America (IESNA), as contained in the IESNA Lighting Handbook.
(2)
All future amendments to the recommended practices of the IESNA shall
be made a part of the chapter without further action by the Board
of Supervisors.
(3)
Streetlighting fixtures, when required for safety considerations,
may be controlled by photocells for dusk-to-dawn operation.
(4)
The lighting from any luminary shall be shaded, shielded or directed
to prevent direct light from being distributed onto adjacent properties
and/or surrounding areas. Unshielded lighting is not permitted, except
for temporary holiday lighting.
(5)
Lighting shall be designed so that glare or direct illumination does
not exceed one footcandle beyond the property line on which the lighting
originates.
(6)
Lighting on residential, commercial, industrial, municipal, recreational
or institutional property shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse (disabling glare).
(7)
Pole-mounted lamps shall be placed directly above the area to be
illuminated and shielded at the top and sides or positioned near the
perimeter of a property and aimed toward the area requiring illumination,
subject to applicable yard setback provisions.
(8)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of mounting height, wattage,
aiming angle, fixture placement, etc.
(9)
The installation or erection of any lighting that may be confused
with warning signals, emergency signals, or traffic signals shall
not be permitted.
(10)
Lighting of parking lots shall be in accordance with this chapter.
(11)
Maintenance. Lighting fixtures shall be maintained so as to
always meet the requirements of this chapter.
(12)
Nonconforming lighting. Any lighting fixture existing on the
effective date of this chapter which does not conform with the requirements
of this chapter shall be considered a lawful, nonconforming lighting
fixture. A nonconforming lighting fixture shall be made to comply
with the requirements of this chapter when such fixture is replaced
or relocated.
A.
Keeping of pets is permitted by right as an accessory use in all
zoning districts. Pets are defined as any animal kept for pleasure
rather than utility, but excluding any "exotic wildlife," as defined
by the Pennsylvania Game and Wildlife Code, as amended, and any agricultural
livestock.
B.
No use shall involve the keeping of animals or fowl in such a manner
or of such types of animals that it creates a serious nuisance (including
noise or odor), a health hazard or a public safety hazard. The owner
of the animals shall be responsible for collecting and properly disposing
of all fecal matter from pets. No dangerous animals shall be kept
outdoors in a residential district.
C.
It shall be unlawful on a residential property to maintain any "exotic
wildlife," as defined by the Pennsylvania Game and Wildlife Code,
as amended, whether or not an exotic wildlife possession permit has
been issued.
The following uses are prohibited in all districts within the
municipality.
A.
The incineration, reduction or storage of offal, animals, fish or
refuse, unless by the authority of or under the supervision of Shippensburg
Township.
B.
The incineration or reduction of garbage and grass clippings.
C.
Dumps and dumping of any kind, other than solid waste landfill and
composting, unless by the authority of or under the supervision of
Shippensburg Township.
The routine maintenance, repair and servicing of personal motor
vehicles, including go-carts and racing vehicles, owned or leased
by the person performing such services, when performed outside of
a building within the A, R-1, R-2, MU, U, C-1 and C-2 Zones, is permitted
by an occupant of the residence, subject to the following:
A.
All vehicles shall be maintained with proper licensure.
B.
All work shall be performed on the vehicle owner's or lessee's property
of residence.
C.
Work shall be limited to the following:
(1)
Servicing and replacement of spark plugs, batteries, distributors
and distributor parts.
(2)
Repair and replacement of tires and wheels, excluding recapping or
regrooving.
(3)
Replacement of water hoses, fan belts, brake fluids, transmission
fluid, oil filters, air filters, oil, grease, light bulbs, floor mats
and carpeting, seat covers, seat belts, windshield wipers, mirrors
and engine coolants.
(4)
Repair and replacement of car radios, CD players, amplifiers, speakers,
and similar electronic devices.
(5)
Cleaning and flushing of radiators only when flushed into watertight
container.
(6)
Repair and replacement of fuel pump and line repairs.
(7)
Minor servicing and adjustments.
(8)
Minor motor adjustments, not involving the removal of the motor head
or crankcase, nor the prolonged revving of the motor.
(9)
Minor body repairs, excluding the replacement of body parts, the
complete repainting of the body and the application of undercoating.
(10)
Cleaning of all exterior and interior surfaces, including washing,
shampooing, vacuuming, ribbing, polishing, waxing, and the application
of paint sealants.
D.
All by-products or waste fuels, lubricants, chemicals, and other
products shall be properly disposed of.
E.
No vehicle shall be stored in a "jacked-up" position or on blocks
for more than 72 consecutive hours, unless completely covered.
F.
All exterior work shall be performed during daylight hours.
For grocery stores, other stores containing grocery departments,
variety stores, or home improvement and building supply stores, the
outdoor collection of shopping carts is permitted under the following
conditions:
A.
Shopping carts may be collected and stored immediately in front of
the storefront (upon sidewalks or under a canopy) and/or within a
parking lot;
B.
In no case shall such designed shopping cart storage and collection
areas be located upon any facilities used for vehicle circulation
or loading, nor emergency vehicle access (e.g., fire lanes);
C.
Such shopping cart storage and collection areas shall be situated
so as to provide clear pedestrian access (sidewalk or other area)
at least eight feet wide adjoining the storefront;
D.
Signage for such shopping cart storage and collection areas shall
be governed by those regulations pertaining to on-site directional
and informational signs as regulated by this chapter;
E.
Intended shopping cart storage and collection areas shall be depicted
upon any permits and/or plans required by the Township.
Every outdoor swimming pool, excluding kiddie pools, must conform
to all applicable municipal and state codes and shall be subject to
the following regulations:
A.
No swimming pool shall be constructed in the required front yard.
B.
Swimming pool setback shall be a minimum of 10 feet from the property
line to water's edge and seven feet from impervious surface or support
structure to property line.
C.
Water may not be discharged from a swimming pool directly onto adjacent
properties or rights-of-way.
D.
Pools shall not be located over an on-lot septic system drain field
or drainage, utility or access easement.
E.
No permanent pool structure shall be permitted without an operable
filtration system, bromine or some other antibacterial agent.
A.
Yards shall be provided in accordance with the provisions of this
chapter and shall be planted with grass, seed, sod, ground cover,
mulch or other pervious decorative or vegetative cover, excepting
in cases where walks, access drives, off-street parking lots, patios
and other types of surfaces are permitted by this chapter.
(1)
No lot, structure or use shall be created or developed in such a
way that it would result in another lot, building or use not being
able to meet the requirements of this chapter. This includes, but
is not limited to, setback areas, nonimpervious areas and off-street
parking areas.
(2)
Emergency access. All principal buildings shall have adequate provisions
for access by emergency vehicles and fire ladders in order to reach
all sides of a building.
(3)
Where the street or streets (or private road) right-of-way upon which
the lot abuts is less than 50 feet in width, the required front yard
shall be measured from a line parallel to and 25 feet from the center
line of the street (or private road).
(4)
No side yard or rear yard shall be required where such yard abuts
an operating railroad right-of-way.
B.
Front yards.
[Amended 9-7-2019 by Ord.
No. 2019-03]
(1)
Each lot shall have a front yard building setback as required in
the district in which the lot is located.
(2)
On corner or double frontage lots, each side of a lot having a street
frontage shall meet the required front yard setback and shall be subject
to all front yard requirements of this chapter.
(3)
Front yard setback exception. In any district within a block containing
a lot proposed for construction or expansion of a building, where
50% or more of the improved lots on such block fronting on one side
of a street currently have front yards of less depth than is currently
required for that district, and where the clear majority of such lots
are already developed, the average of existing front setbacks within
200 feet of the subject property shall establish the minimum front
yard depth.
(4)
On a corner lot in any residential district, an accessory building
shall not be erected within the required front yard setback of either
street, except where completely screened by a solid six-foot-high
fence or wall.
C.
Side yards. On a lot in a district where residential structures are
permitted, held in single and separate ownership at the effective
date of this chapter, with a lot width less than required for the
zone district, side yards shall be provided according to the following
requirements:
(1)
On interior lots with a width of 50 feet or more, two side yards
shall be provided as required by the district regulations.
(2)
On lots less than 50 feet but not less than 25 feet in width, two
side yards shall be provided, each equaling 20% of the lot width.
(3)
The minimum residential driveway setback shall be three feet from
the side lot line with the exception of shared driveways for single-family
semidetached units or single-family attached units, in which case
the driveway may extend over the common property line of the attached
or semi-attached units. A maintenance agreement shall be required
between property owners for the shared driveway.
(4)
Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into any required
yard.
(5)
A detached or attached garage or carport shall not be permitted within
a required side yard setback.
D.
Rear yards.
(1)
Notwithstanding other regulations herein, no rear yard shall be reduced
to less than 15 feet; therefore, no principal building shall be constructed
less than 15 feet from the rear property line.
(2)
Where an accessory building or structure is to be erected, set or
placed in a required rear yard setback area, the accessory building
or structure shall be located not less than five feet from the rear
lot line for a permanent (more than one year) structure or three feet
for a temporary building or structure.
E.
Interior yards. Open space between principal buildings of a dwelling
group on a lot in single ownership shall be provided as follows, unless
otherwise stipulated in this chapter for specific uses:
(1)
When parallel or obliquely aligned, buildings shall have 50 feet
between front or rear faces for one story in height, plus five feet
for each additional story.
(2)
Between end walls of buildings, a yard space of 25 feet for each
one-story building plus five feet for each additional story shall
be required.
(3)
Between end walls and front or rear faces of buildings 30 feet for
one story, plus five feet for each additional story shall be required.
(4)
When two adjacent buildings differ in the number of stories, the
spacing shall be not less than 1/2 of the sum of the required distance
between two buildings of lower height, plus that between two buildings
of the greater height.
(5)
The minimum distance separating multiple-family buildings from nonresidential
uses shall be not less than 75 feet between buildings.
F.
Projection in yards.
(1)
Unenclosed patios, terraces and porches, three feet or less above
ground level, may extend into required side and rear setback areas,
provided they are set back at least three feet from a side or rear
property line.
(2)
Cornices, eaves, sills or other similar architectural features, gutters,
bay windows, chimneys or similar structures may project into the front,
rear or side yard of a lot not more than 18 inches.
(3)
Exterior stairways, fire escapes or other required means of egress,
ground-mounted doors for basement access, window awnings, chase for
heating pipes or other similar structures that do not include space
usable by persons may extend or project into a required yard, except
as may be required within a drainage or utility easement.
(4)
Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into any yard.
(5)
Walks and window wells and such other structures customarily incidental
to the main building may project into the front, side or rear yards
of a lot, providing the structure elevation shall be not more than
12 inches above the yard grade.
(6)
Handicapped ramps and landings necessary to provide entrance to a
building may be located within a required setback area. Handicapped
ramps serving an existing building may extend into a street right-of-way
where necessary, if granted written approval by the Zoning Officer.
(7)
Fences and walls may be erected, altered and maintained within the
required yard setbacks, provided that any such fence or wall in the
front yard shall not exceed 38 inches in height, and any fence or
wall in the required side or rear yard shall not exceed six feet in
height in residential districts and eight feet in height in nonresidential
districts.
G.
Existing small lots. A lot owned individually and separately and
separated in ownership from any adjoining tracts of land on the effective
date of this chapter and subsequent amendments, which has a total
lot area or lot width less than prescribed in this chapter, may be
used, provided such lot shall be developed in conformity with all
applicable district regulations other than the minimum lot area, lot
width and side yards. Existing small lots meeting the above stipulations
shall comply with the following:
A.
General.
(1)
Off-street parking facilities shall be provided to lessen congestion
in the streets. The facilities required shall be available to patrons
throughout the hours of operation of the particular business or use
for which such facilities are provided. The term "parking space" includes
either covered garage space or uncovered parking space located off
the public right-of-way. Residential off-street parking space shall
consist of a parking lot, driveway, garage, or combination thereof,
and shall be located on the lot it is intended to serve.
(2)
Outdoor parking spaces shall not be deemed to be part of the open
space of the lot on which it is located, unless designated as overflow
parking in accordance with this article.
(3)
A garage or carport may be located wholly or partly inside the walls
of the principal building or attached to the outside walls.
(a)
In the case of single-family residential uses, the garage may
be separated from the principal building. The garage shall conform
to all accessory building requirements.
(b)
In the case of multifamily and nonresidential uses, freestanding
parking garages, whether above or below ground, are encouraged but
must conform to all bulk and area requirements for the district in
which it is located.
(c)
Garages may be constructed under a yard or court, provided that
the level of such yard or court shall conform to the general level
of the other yards or courts on the lot. The space above an underground
garage shall be deemed to be part of the open space of the lot on
which it is located, unless it has surface parking above the garage,
in which case it shall not count as open space.
(4)
No part of any required front yard shall be used for off-street parking
requirements in residential districts, except for that part of the
front yard that is occupied by a driveway leading to a garage or parking
area or as otherwise needed to require a backup area for end stalls.
At the street right-of-way, a driveway providing access to a single-car
garage or parking area shall be limited to 10 feet in width, and for
a double-car garage or parking area the width shall be limited to
20 feet. Parking on the driveway shall be limited to vehicles registered
as a passenger car or a truck having a gross weight rating under 7,500
pounds. All required parking spaces under this chapter must be located
on the lot area, unless the applicant meets the requirements of this
section concerning joint parking facilities.
B.
Off-street parking requirements. The following off-street parking
requirements shall be the standard:
|
Off-Street Parking Schedule
(Category of Use and Minimum Required Parking)
| |
|---|---|
|
Residential Uses:
| |
|
Continuing care retirement communities - combination of the
following by service area:
| |
|
Personal care or nursing care centers
|
1 space for each 4 beds plus 1 space per employee on largest
shift
|
|
Apartment units
|
1.25 spaces per dwelling unit.
|
|
Cottage units (single-family units)
|
1 space per dwelling unit plus 1 space per 5 units for guest
parking
|
|
Dwellings other than single-family
|
2 spaces per dwelling unit plus 1 space per five dwelling units
for guest parking
|
|
Group home or halfway house
|
1 space per two beds, plus one space for each employee on the
largest shift
|
|
Group quarters
|
1 space per resident based on maximum occupancy, plus 1 space
for guest parking for each four residents based on maximum occupancy
|
|
Student housing
|
1 space per student
|
|
Personal care and nursing care centers
|
1 space for each 4 beds based on design capacity, plus 1 space
for each employee on the largest shift
|
|
Rooming and boarding houses
|
1 space per bedroom or guest sleeping room, plus 2 spaces for
permanent residents
|
|
Single-family dwellings
|
2 spaces per dwelling unit
|
|
Commercial/Office Uses:
| |
|
Banks and financial institutions
|
1 space for each 200 square feet of gross floor area
|
|
Business, professional or public service office buildings and
retail sales
|
1 space per 200 square feet of gross floor area
|
|
Carpeting, drapery, floor covering and wall covering sales
|
1 space per 500 square feet of gross floor area
|
|
Convenience stores
|
1 space for 75 square feet of retail floor area
|
|
Day-care centers
|
1 space for every employee on the largest shift plus 1 space
for every six students and off-street waiting spaces to accommodate
at least six automobiles
|
|
Drive-thru and fast food restaurants
|
1 space per 2 seats and one space for each 2 employees
|
|
Exercise club
|
1 space per 100 square feet of floor area plus 1 space per employee
on largest shift
|
|
Food markets and grocery stores
|
1 space per 150 square feet of gross floor area for public use
and 1 space per employee on largest shift
|
|
Funeral homes
|
1 space for each 4 seats provided for patron use by design capacity
plus 1 additional space for each full-time employee and each vehicle
maintained on the premises
|
|
Furniture, lumber, carpet, or bedding sales
|
1 space per 400 square feet of floor area for public use
|
|
Haircutting/hairstylist
|
1 space per customer seat plus 1 space per employee
|
|
Hotels, motels, bed-and-breakfasts, resorts, and special occasion
home
|
1 space per guest room plus 1 space for each employee on the
largest shift. Spaces associated with meeting rooms (1 space for 400
square feet of public meeting area), restaurants and related facilities
shall be in addition to these requirements. 2 spaces for resident
occupants of special occasion home.
|
|
Kennels and veterinarians
|
1 space for every 15 animals of capacity, plus 6 spaces per
veterinarian
|
|
Laundromat
|
1 space per 3 washing machines plus 1 space per employee
|
|
Medical and dental offices, including outpatient clinics
|
5 spaces for each doctor or dentist plus 1 space per employee
|
|
Offices
|
1 space per 300 square feet of gross floor area
|
|
Restaurants, other than drive-thru and fast food
|
1 space for every 4 seats of design capacity plus 1 space for
every employee on the largest shift
|
|
Retail stores or shops (except those otherwise listed)
|
1 space per 200 square feet of gross floor area of display area,
plus 1 per each employee on largest shift
|
|
Vehicle body shop, repair garage and gasoline stations
|
2 spaces for each service bay area plus one additional space
for each full-time employee on the largest shift but in no event less
than 1 space for each 400 square feet of gross floor area.
|
|
Vehicle, mobile/manufactured home, or trailer sales lot
|
1 space per 15 vehicles or homes plus 1 space per employee.
|
|
Vehicle wash
|
3 spaces for each washing bay
|
|
Big box commercial establishments/shopping centers
|
4 spaces per each 1,000 square feet of gross floor area excluding
corridors and other common areas. If a restaurant shall be part of
a shopping center, the requirements for a restaurant shall apply with
regard to that portion of the shopping center only.
|
|
Recreational Uses:
| |
|
Amusement arcade
|
1 space per 80 square feet of gross floor area
|
|
Bowling alley
|
2 spaces for each alley plus 1 space per employee on largest
shift
|
|
Billiard room
|
2 spaces per table
|
|
Dance halls, swimming pools, roller rinks, clubs, lodges, and
similar places and other commercial recreation buildings
|
1 space for each 100 square feet of gross floor area or of water
area in a swimming pool, plus 1 per employee on largest shift
|
|
Golf course
|
60 spaces per nine holes, plus one space per employee on the
largest shift, plus 50% of the spaces otherwise required for any accessory
uses (e.g., restaurants)
|
|
Golf driving range and miniature golf
|
1 space for each tee or hole
|
|
Outdoor recreational facilities, sports arenas, auditoriums,
theaters and assembly halls
|
1 space for each 3 seats plus 1 space per employee on largest
shift
|
|
Riding schools or horse stables
|
1 space per 2 stalls, plus 1 space per 4 seats of spectator
seating
|
|
Swimming pool (other than one accessory to a residential development
or private residence)
|
1 space per 4 persons of legal occupancy
|
|
Industrial Uses:
| |
|
Manufacturing plants, research or testing laboratories, or wholesale
establishments
|
1 space for each 1,000 square feet of gross floor area or 1
space for each employee on the largest shift, whichever is greater
|
|
Mini or self storage
|
1 space per 25 storage units, plus one space per employee, plus
2 spaces for any resident manager
|
|
Transportation terminal
|
1 space for every 100 square feet of waiting room space, plus
1 space for each employee on the largest shift
|
|
Warehousing
|
1 space per employee on the largest shift
|
|
Institutional Uses:
| |
|
Colleges, universities, or business, technical or fine arts
schools
|
1 space for each full-time employee (regardless of shift) plus
3 spaces for every 4 on-campus students. In addition to the above
spaces, spaces shall be provided in accordance with this schedule
for outdoor and indoor recreation facilities, cultural facilities,
churches and religious institutions and day-care centers
|
|
Elementary and middle schools
|
1 space for 4 seats in an auditorium or 1 space for each 15
students of design capacity, whichever is greater, plus required spaces
for uses provided by the facility other than classrooms as regulated
by this schedule
|
|
High schools
|
1 space per 4 students of design capacity, plus one space per
teacher and staff member, plus required spaces for uses provided by
the facility other than classrooms as regulated by this schedule
|
|
Hospitals
|
1 space for each 1.5 beds plus 1 space for each employee on
the largest shift
|
|
House of Worship
|
1 space for each 4 seats in a sanctuary or meeting room
|
|
Vocational training and adult education facilities
|
1 space per 1.5 students enrolled
|
|
Public and Cultural Uses:
| |
|
Community buildings and social halls
|
1 space for each 100 square feet of gross floor area
|
|
Public libraries, art galleries, and museums
|
1 space for each 250 square feet of floor area open to the public,
plus one space for each employee
|
|
*
|
When the parking requirements are not specified herein for a
building or use for which an application for a permit has been filed
or where the proposal contemplates a mix of uses and parking requirements,
the Zoning Officer shall make the determination of which parking requirement
standards shall apply in order to ensure that adequate off-street
parking spaces are provided to serve the needs of proposed uses in
conformance with the standards set forth herein and upon consideration
of all factors entering into the parking needs of each such use.
|
|
**
|
For institutional, industrial, wholesale and warehousing establishments,
the Zoning Hearing Board may authorize the reduction of the number
and size of paved off-street parking spaces as a special exception
in cases where the applicant can justify a reduction and still provide
adequate parking facilities to serve the proposed uses of the building
and/or land and show reserved areas for expansion of the paved parking
for future uses. In addition, the Zoning Hearing Board may consider
unimproved overflow parking areas for institutional uses, which would
be set back at least 10 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties.
|
C.
Location of parking spaces.
(1)
Parking spaces for multiple-dwelling buildings, commercial or industrial
uses shall be on the same lot and in the same zoning district as the
principal building or open area conforming to the following regulations,
unless the applicant meets the requirements of joint parking facilities.
(2)
The required parking spaces, except for colleges and universities,
shall be suitable within 600 feet of the principal building or open
space. Such spaces shall be in the same ownership as the principal
use to which they are accessory and shall be subject to deed restrictions
acceptable to the Township, binding the owner and heirs or assigns
to maintain the required number of parking spaces throughout the life
of the principal use.
D.
Joint parking facilities.
(1)
Joint parking facilities shall be allowed in the MU, C-1, C-2, I
and U Zoning Districts.
(2)
Joint parking facilities shall be allowed, subject to the following
requirements:
(b)
The required parking shall be not less than the total required
separately for each use, with the following exceptions:
[1]
It shall be demonstrated that the uses jointly utilizing the
parking facility are utilizing the parking facility at different periods
of the day or different days of the week. A reduction may be granted
by the Zoning Officer for the total number of parking spaces needed,
requiring only the number of spaces needed based on the one use of
the facility requiring the most spaces.
[2]
An agreement for the joint use of a parking facility shall be
recorded as a deed restriction, irrevocable license, easement or other
recordable document in a form satisfactory to the Township Solicitor
filed in the county courthouse in the chain of title of the land to
be burdened in perpetuity or for a period to extend throughout the
life of the use requiring the maintenance of the required number of
spaces.
E.
Design standards.
(1)
The minimum dimensions of parking facilities to be provided shall
be as follows:
(a)
In all districts, except in the case of single-family dwellings,
there shall be no less than six feet of open space between the edge
of any parking area and the outside wall of any building to allow
for access by emergency vehicles.
(b)
Parking lot dimensions shall be no less than those listed in
the following table:
[Amended 3-7-2009 by Ord.
No. 2009-04]
|
Parking Bay
|
Aisle Width
| |||
|---|---|---|---|---|
|
Angle of Parking
|
Width
(feet)
|
Length
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
|
|
90°
|
9.5
|
18
|
20
|
24
|
|
60°
|
9.5
|
21
|
18
|
24
|
|
45°
|
9.5
|
20
|
14
|
24
|
|
30°
|
9.5
|
18
|
12
|
24
|
|
Parallel Parking
|
9.5
|
22
|
N/A
|
N/A
|
(c)
All dead-end parking lots shall be designed to provide sufficient
backup area for the end stalls of the parking area.
(d)
Except for residential uses, parking areas shall be designed
so that each motor vehicle may proceed to and from the parking space
provided for it without requiring the moving of any other motor vehicle.
(e)
Setback for parking areas shall be provided as follows:
[Amended 5-4-2019 by Ord.
No. 2019-01]
[1]
All parking spaces and access drives shall be at least six feet
from any multiple-family dwelling, commercial, or industrial building
on the lot.
[2]
Parking areas and on-site parking lot circulation aisles and
driveways shall be behind a setback of not less than 10 feet from
a property line, except where buffer yards are required, in which
case such parking areas and on-site parking lot circulation aisles
and driveways may not encroach on the buffer yard area.
[3]
Parking areas and on-site parking lot circulation aisles and
driveways shall be physically separated from the public and/or private
streets in conformance with the applicable building setback requirements,
excluding entrance and exit drives or parking areas.
[4]
Except for single-family attached, single-family detached, single-family
semidetached and two-family detached, in no case shall parking areas
be designed to require or encourage cars to back in to a public or
private street in order to exit the parking area, with the exception
of alleyways.
(f)
Handicapped car parking spaces shall be provided as follows:
|
Total Parking Spaces
|
Required Accessible Car Spaces
|
|---|---|
|
1-25
|
1
|
|
26-50
|
2
|
|
51-75
|
3
|
|
76-100
|
4
|
|
101-150
|
5
|
|
151-200
|
6
|
|
201-300
|
7
|
|
301-400
|
8
|
|
401-500
|
9
|
|
501-1,000
|
2% of total
|
|
1,001 and over
|
20 plus 1 for each 100 over 1,000
|
|
Note: In addition to the required accessible car spaces, at
least one handicapped-accessible van space must also be provided to
serve any building. Accordingly, at least one additional handicapped-accessible
van space must be provided to serve any building for each five required
handicapped-accessible car spaces provided.
|
[1]
Handicapped car spaces shall be 10 by 20 feet in size. Handicapped
van spaces shall be 13 by 20 feet in size. Handicapped van spaces
shall be permitted to be 10 by 20 feet in size when the adjacent access
aisle provided is 10 by 20 feet in size as well. All handicapped car
and van parking spaces shall be marked.
[2]
Any handicapped car or handicapped van parking spaces shall
have an access aisle located adjacent to it. Access aisles shall adjoin
an accessible route. Two parking spaces shall be permitted to share
a common access aisle. Access aisles shall not overlap with a vehicular
way. Parking spaces shall be permitted to have access aisles placed
on either side of the car or van parking space. Access aisles shall
be at least seven feet in width. Access aisles shall extend the full
length of the largest parking space that they serve. Access aisles
shall be marked so to discourage parking of vehicles within them.
Where access aisles are marked with lines, the width measurements
of access aisles and adjacent parking spaces shall be made from the
center line of the markings. Where parking spaces or access aisles
are not adjacent to another parking space or access aisle, measurements
shall be permitted to include the full width of the line defining
the parking space or access aisle.
[3]
Handicapped accessible car and van parking spaces shall be identified
as such by five-foot-high freestanding signs placed at the head of
the space facing the space. Such signs shall depict the international
symbol of accessibility, and the designation "handicapped-accessible
car space" or "handicapped-accessible van space."
[4]
All handicapped spaces shall be the spaces in a parking lot
placed closest to the building served. All handicapped spaces and
adjacent access aisles shall have access to nearby wheelchair-accessible
concrete ramps where they lead to raised curbs and/or walkways surrounding
the building served.
(2)
Residential driveway regulations. All single-family and two-family
dwelling driveways shall conform to the following:
(a)
The number of driveways may not exceed two per lot on a street
frontage.
(b)
Driveways may not exceed 24 feet at the right-of-way line, excluding
driveway radii.
(c)
Driveways must be located in safe relationship to sight distance
and barriers to vision. The drive may not exceed a slope of 4% within
50 feet of the street right-of-way line. Where a drive enters a bank
through a cut, the shoulders of the cut may not exceed 50% in slope
within 25 feet of the point the drive intersects the right-of-way.
(d)
A clear sight triangle in conformance with this chapter shall
be provided for driveways.
(e)
Driveways shall be set back three feet from each side lot line.
(f)
Common-use driveways for single-family, semidetached and single-family
attached units shall be permitted with no setback required at the
common interior lot line, but shall be required at the exterior side
lot line.
(3)
Multifamily residential and nonresidential access drive requirements.
(a)
Number per lot. Except as specified elsewhere, the number of
access drives intersecting with each street shall not exceed two per
lot or street frontage.
(b)
Setbacks. The edges of all access drives shall be set back at
least:
[Amended 3-7-2009 by Ord.
No. 2009-04]
[1]
Fifty feet from any other access drive or driveway located upon
the same lot.
[2]
Ten feet from any side and/or rear property lines; however,
this setback shall be excluded along the property line when a joint
parking lot is shared by adjoining uses.
[3]
Fifty feet from the intersection of any street right-of-way
lines.
(c)
Clear-sight triangle. Access drives shall be located and constructed
so that a clear sight triangle a minimum of 150 feet as measured along
the street center line and along the driveway center line is maintained.
No permanent obstructions and/or plant materials over 30 inches high
shall be placed within this area.
(d)
Access drive width. Access drives shall provide a twelve-foot-wide
cartway for each lane of travel. However, in no case shall any access
drive cartway be less than 18 feet wide. See table below:
|
No. of Lanes
|
Direction of Travel
|
Required Access Drive Width
|
|---|---|---|
|
1
|
one-way
|
12 feet
|
|
2
|
one- or two-way
|
24 feet
|
|
3 or more
|
one- or two-way
|
12 feet/lane
|
(e)
PennDOT permit. Any access drive intersecting with a state-owned
road shall require the obtainment of Pennsylvania Department of Transportation
highway occupancy permit as set forth in the Pennsylvania Code, Title
67, Transportation, Chapter 441, Access to and Occupancy of Highways
by Driveways and Local Roads, as amended.
F.
Drainage, surfacing, and maintenance standards.
(1)
Parking lots, including their driveways, shall be graded, surfaced
with asphalt or concrete and drained to the satisfaction of the Township
Engineer to the extent necessary to prevent dust, erosion or excessive
water flow across streets or adjoining property.
(2)
Parking areas shall be kept clean and free from rubbish and debris.
G.
Lighting.
(1)
All public parking shall be lit during evening operating hours.
(2)
All standards shall be located on raised parking islands and not
on the parking surface.
(3)
Lighting shall be arranged and shielded so the direct rays from the
luminaries shall not fall off site on adjacent properties or into
the road right-of-way or cartway.
H.
Loading and unloading space.
(1)
An off-street loading space shall be an area of land, open or enclosed,
other than a street or public way, used principally for the standing,
loading or unloading of motor trucks, tractors and trailers so as
to avoid undue interference with the public use of streets and alleys.
(2)
Off-street loading and unloading space shall be in addition to and
not considered as meeting a part of the requirements for off-street
parking space.
(3)
Off-street loading and unloading space shall not be used or designed,
intended or constructed to be used in a manner to obstruct or interfere
with the free use of any street, sidewalk, alley, designated fire
access lane, or adjoining property.
(4)
Off-street loading and unloading spaces shall not be located so that
vehicles entering or leaving the spaces would conflict with parking.
(5)
The following off-street loading and unloading space requirements
for specific uses shall be provided as listed below:
|
Off-Street Loading Requirements
| ||
|---|---|---|
|
Type of Use
|
Number of Spaces Per
|
Gross Floor Area/Dwelling Unit
|
|
Hospital or other institution
|
None
|
First 10,000 square feet
|
|
1.0
|
10,000 to 100,000 square feet
| |
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| |
|
Hotel, motel, and similar lodging facilities
|
None
|
First 10,000 square feet
|
|
1.0
|
10,000 to 100,000 square feet
| |
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| |
|
Industry or manufacturing
|
None
|
First 2,000 square feet
|
|
1.0
|
2,000 to 25,000 square feet
| |
|
+1.0
|
Each additional 40,000 square feet (or fraction)
| |
|
Multifamily dwelling
|
None
|
Less than 100 dwelling units
|
|
1.0
|
100 to 300 dwelling units
| |
|
+1.0
|
Each additional 200 dwelling units (or fraction)
| |
|
Office building, including banks
|
None
|
First 10,000 square feet
|
|
1.0
|
10,000 to 100,000 square feet
| |
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| |
|
Retail sales and services, per store, and restaurants
|
None
|
First 2,000 square feet
|
|
1.0
|
2,000 to 10,000 square feet
| |
|
2.0
|
10,000 to 40,000 square feet
| |
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| |
|
Theater, auditorium, bowling alley, or other recreational establishment
|
None
|
First 10,000 square feet
|
|
1.0
|
10,000 to 100,000 square feet
| |
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| |
|
Undertaking establishment or funeral parlor
|
None
|
First 3,000 square feet
|
|
1.0
|
3,000 to 5,000 square feet
| |
|
+1.0
|
Each additional 10,000 square feet (or fraction)
| |
|
Wholesale or warehousing (except mini warehousing)
|
None
|
First 1,500 square feet
|
|
1.0
|
1,500 to 10,000 square feet
| |
|
+1.0
|
Each additional 40,000 square feet (or fraction)
| |
|
*
|
When determination of the number of required off-street loading/unloading
spaces results in a requirement of a fractional space, any fraction
up to and including 1/2 may be disregarded, and fractions over 1/2
shall be interpreted as one off-street loading/unloading space. Any
fractured spaces shall be rounded up.
|
(6)
The off-street loading/unloading space shall be not less than 10
feet wide and 35 feet in length and 14 feet in height, when covered.
For warehouse buildings or buildings accommodating tractor trailers,
the minimum off-street loading/unloading space size shall be increased
to 12 feet wide and 70 feet long.
(7)
No off-street loading/unloading spaces shall be within any building
setback and/or buffer area.
(8)
When the off-street loading/unloading space abuts a residential use
or zone, a five-foot buffer area shall be provided contiguous to the
property line of the residential use or zone in addition to the required
setback.
(9)
Surfacing. All open off-street loading/unloading spaces shall be
improved with a compacted base, surfaced with bituminous concrete
or cement concrete pavement of adequate thickness to support the weight
of a fully loaded vehicle.
I.
Outside storage of recreational vehicles, trailers, and boats.
No more than one recreational vehicle, camping trailer, or boat
not exceeding 35 feet in length may be stored, but not occupied, in
any residential district and shall not be located within the required
front yard area.
[Amended 7-8-2022 by Ord.
No. 2022-02]
A.
General.
(1)
Purpose. This section is intended to promote and maintain overall
community aesthetic quality; establish time, place and manner of regulations
for the exercise of free speech, without regulating content; promote
traffic safety by avoiding distractions and sight distance obstructions;
and protect property values and ensure compatibility with the character
of neighboring uses.
(2)
Permit required. A zoning permit shall be required for all signs
except for:
(a)
Signs meeting the requirements of this section enumerating miscellaneous
signs not requiring permits; and
(b)
Nonilluminated window signs constructed of paper, poster board
or similar materials that are not of a permanent nature. Only types,
sizes and heights that are specifically permitted by this section
within the applicable district shall be allowed.
(3)
Changes on signs. Any lawfully existing sign (including legally nonconforming
signs) may be painted or repaired or changed in logo or message without
a new permit under this section, provided that the changes do not
increase the sign area or otherwise result in noncompliance or an
increased nonconformity with this section.
B.
General regulations for all signs.
(1)
Signs must be constructed of durable material and maintained in good
condition.
(2)
No sign shall be maintained within the Township in such a state of
disrepair as to have the appearance of neglect, which is rotting or
falling down, which is illegible or has loose parts separated from
original fastenings or presents a hazard to public safety.
(3)
Whenever a sign becomes structurally unsafe or endangers the safety
of the building or premises, or endangers the public safety, the Zoning
Officer shall give written notice to the owner of the premises on
which the sign is located that such sign shall be made safe or removed
within five days.
(4)
Signs painted upon or displayed upon a barn or other building or
structure shall be regarded as a flat wall sign, and the regulations
pertaining thereto shall apply.
(5)
Each sign shall be removed when the circumstances leading to its
erection no longer apply.
(6)
Illuminated signs shall comply with the requirements of this chapter
and may be interior-lighted with nonglaring lights, or may be illuminated
by floodlights or spotlights that are shielded so there is no direct
light transmitted to other properties or public rights-of-way.
(7)
Internally illuminated signs, designed to give forth artificial light
directly or through transparent or translucent material from a source
of light within such sign, unless otherwise prohibited, will be permitted,
providing that the light being emitted from the sign shall not cause
a glare or emit light onto the surrounding area.
(8)
Flashing, blinking, strobe, twinkling, or animated signs shall be
prohibited, except that displays of time and temperature may be permitted.
No advertising sign shall be erected or maintained which involves
rapid motion or rotation of the structure or any part thereof except
as to electronic variable message signs, which are permitted per the
requirements of this section. In addition, flashing lights visible
from a street shall not be used to attract attention to a business.
This restriction specifically includes window signs, but does not
prohibit seasonal Christmas lighting or displays that comply with
this section.
(9)
No sign shall be located so as to interfere with visibility for motorists
at street or driveway intersections.
(10)
No sign located within 300 feet of any traffic light shall be
illuminated with red, green or yellow lights.
(11)
All electrically illuminated signs shall be constructed to the
standards of the National Board of Fire Underwriters.
(12)
Signs must be positioned so that they do not interfere with
any clear sight triangle, as defined herein.
(13)
No loud, vulgar, indecent or obscene advertising matter shall
be displayed in any manner, including, but not limited to:
(14)
No sign shall be erected or located as to prevent free ingress
or egress from any window, door or fire escape.
(15)
No sign shall be placed in such a position that it will obscure
light or air from a building or which would create a traffic danger.
(16)
Snipe signs are strictly prohibited.
(17)
Within the Floodplain Overlay District, no freestanding sign
shall be permitted and no wall-mounted sign shall exceed six square
feet.
(18)
In the event that a symbol, trademark or other such figure is
used as a sign post or standard which could be constructed to indicate
or identify a particular use or business, that symbol, trademark or
figure is to be computed as part of the total allowable sign area.
(19)
Only those signs referring directly to services, materials or
products made, sold or displayed on the premises shall be permitted,
except as otherwise provided in this article.
(20)
Except for flat wall signs, no point of any sign, including
trim, border and supports, shall be located within 10 feet of any
property line or street right-of-way.
(21)
No sign shall emit smoke, visible vapors or particles, sound
or odors.
(22)
No sign shall contain information that states or implies that
a lot may be used for any purpose not permitted under the applicable
provisions of this chapter.
(23)
No signs shall be of such character, form, shape or color that
they imitate or resemble any official traffic sign, signal or device
or that have any characteristics which are likely to confuse or distract
the operator of a motor vehicle on a public street.
(24)
No sign shall display words or images that are obscene or pornographic.
(25)
Any sign attached to a building shall not be placed on the roof,
be higher than the highest point of the wall to which it is attached,
or be located on a parapet wall.
(26)
No sign shall be affixed to any motor vehicle or trailer in
such a manner that the carrying of such sign is no longer incidental
to the vehicle's primary purpose.
(27)
No sign or sign structure shall constitute a hazard to public
safety or health, including a sign which fails, in the determination
of the Zoning Officer, to properly shield its light source from providing
unacceptable glare to a neighboring property or the public street.
(28)
No sign shall by reason of size, location, content, coloring
or manner of illumination, obstruct the vision of drivers, either
when leaving or entering a roadway from another roadway or driveway,
or obstruct or detract from the visibility or effectiveness of any
traffic sign or control device on public streets and roads.
(29)
No signs shall make use of words such as "stop," "look," "one-way,"
"danger," "yield" or any similar words, phrases, symbols, lights or
characters in such a manner as to interfere with, mislead or confuse
traffic.
(30)
No sign located on public property or a public right-of-way
shall bear any commercial advertising or announcement.
(31)
No sign shall be painted on, attached to or supported by a tree,
stone, cliff or other natural object.
(32)
Nothing in these regulations shall be construed as prohibiting
signs intended for viewing principally from within a building or signs
temporarily attached to the inside face of a display window, announcing
a sale or similar feature, provided that the latter shall not occupy
more than 33 1/3% of the total display window area for a period
not to exceed 10 days.
(33)
No sign shall be structurally altered, enlarged or relocated
except in conformity with the provisions herein, including the requirement
to obtain a proper permit, if required. Changes, repairs or maintenance
to movable parts or components of a previously approved sign that
is designed for such changes, or changes to the business name, lettering,
sign face, colors, display or graphics, or the content of any sign
shall not be deemed a structural alteration to a sign.
C.
Determination of size of sign area.
(1)
The area of a sign shall be construed to include all lettering, wording
and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, including any
border framing or decorative attachments, but not including any supporting
framework or bracing incidental to the display itself. Where the sign
consists of individual letters or symbols attached to a building,
wall or window, the area of the sign shall be considered to be that
of the smallest rectangle or other regular geometric shape which encompasses
all of the letters and symbols.
(2)
Where a sign has two or more faces, the area of all faces shall be
included in determining the area of the sign; provided, however, for
a double-face sign, if the interior angle formed by the two faces
of the double-face sign is less than 45° and the two faces are
at no point no more than three feet from one another, the area of
only the larger face shall be used to determine the sign area.
D.
Miscellaneous signs not requiring permits. The following signs shall
not require permits as required by this section, and unless otherwise
indicated, are permitted by right in all zoning districts:
(1)
Flag poles, flags, banners and pendants without an advertising message,
provided that no flag pole may be located within any right-of-way
and shall not exceed a maximum of 30 feet in height. No more than
two flags or flag poles shall be located on a residential lot and
three flags or flag poles on a nonresidential lot. The total area
may not exceed 24 square feet in a residential district and 35 square
feet in a nonresidential district.
(2)
Special sale signs, including flags, banners and pendants, that advertise
a special sales event or grant opening at a lawful principal commercial
business. No more than two special sale signs may be utilized and
may be displayed for a maximum of seven days per event. Such signs
may not flash or obstruct safe sight distances. The total sign area
may not exceed 30 square feet in a nonresidential district.
(3)
Directional signs, provided they do not contain advertising (including
logos), do not exceed eight square feet or do not obstruct the sight
triangles at internal intersections on the property.
(4)
Barber pole. Revolving barbershop pole sign, provided that it does
not exceed 36 inches in height and is erected only in conjunction
with a barbershop on the property.
(5)
Property addresses. All buildings in all zoning districts shall be
required to display the address of the property in such a fashion
as is clearly visible from the street and which is in accord with
the provisions of this chapter. The area of an address sign shall
be exempt from the computation of the total permitted sign area, provided
the sign does not contain any advertising, trade names or logos.
(6)
Professional accessory use or nameplate signs, provided that signs
shall not be illuminated and shall not exceed two square feet in area.
Not more than one sign shall be erected for each primary permitted
use.
(7)
Home security signs, not exceeding one square foot in area.
(8)
Public service and information signs advertising the availability
of public rest rooms, telephones or similar public conveniences, not
exceeding three square feet in area.
(9)
Menus and signs indicating business hours, provided that signs shall
not exceed two square feet in area and signs shall be located in a
permanently mounted display box on the facade of the building adjacent
to the entrance, displayed within a window adjacent to the entrance,
or at a podium that will be placed inside the restaurant upon closing.
(10)
Personal expression signs, provided that they are not illuminated
and are either freestanding, wall or window signs. Such signs may
not exceed four square feet in area and, in the case of freestanding
signs, four feet in height.
(11)
"No trespassing" signs and signs indicating private ownership
of roadways or other property, on the same property therewith, provided
that the total sign area shall not exceed two square feet and shall
not be spaced at intervals of less than 100 feet of street frontage.
(12)
"No parking" signs and signs indicating private parking areas
in residential districts, located on the same property therewith,
provided that the total sign area shall not exceed 1 1/2 square
feet and shall not exceed one sign per property.
(13)
Art and murals, provided such signs do not contain any commercial
messaging or advertisement.
(14)
Athletic field signs, such as those commonly found on the inside
of outfield walls and fences of baseball fields, provided that the
signs are only placed facing the inside of the ball field.
(15)
Christmas tree signs that advertise the seasonal sale of Christmas
trees, provided that a maximum of two signs may be posted only during
the season when they are actively sold. The total sign area may not
exceed eight square feet on a residential lot and 20 square feet on
a nonresidential lot.
(16)
Charitable event signs that advertise a special event that is
primarily held to benefit an established tax-exempt organization,
provided that a maximum of two signs may be posted, which may be placed
a maximum of 14 days prior to the event and must be removed no more
than four days after the event. The total sign area may not exceed
four square feet on a residential lot and 20 square feet on a nonresidential
lot.
(17)
Contractor signs that advertise a building tradesperson, engineer
or architect who is actively conducting significant work on a particular
lot that is not such person's place of business, provided that only
one sign per company working on the site is permitted, the sign will
only be permitted while such work is actively and clearly underway
and for a maximum of four days after work is completed. The sign may
not be illuminated. The total sign area may not exceed four square
feet on a residential lot and 20 square feet on a nonresidential lot.
(18)
Garage/yard sale signs advertising a garage or yard sale or
auction, provided that no more than one sign may be posted, which
may be placed a maximum of seven days prior to the event and must
be removed no more than 24 hours after the event. The total sign area
may not exceed four square feet on a residential or nonresidential
lot.
(19)
A sign attached to or placed on a vehicle or trailer parked
on a public or private property, provided that the primary purpose
of such vehicle or trailer is not the display of signs; the signs
are magnetic, decals or painted upon an integral part of the vehicle
or equipment as originally designed by the manufacturer, and do not
break the silhouette of the vehicle; and the vehicle or trailer is
in operating condition, currently registered and licensed to operate
on public streets when applicable, and actively used or available
for use in the daily function of the business to which such signs
relate.
(20)
An open house, for sale or rent sign, provided that the signs
have been erected only on the property to which they relate, the total
sign area does not exceed four square feet on a residential lot and
16 square feet on a nonresidential lot. Not more than one sign shall
be placed on any property held in single and separate ownership, except
where the property fronts on more than one street, in which case two
signs shall be permitted.
(21)
A political sign advertising a person or party seeking political
office or a political cause or opinion on a referendum or matter of
political concern, provided that the sign may be placed a maximum
of 30 days prior to an election or scheduled vote or referendum to
which the sign may relate and must be removed a maximum of seven days
after such election. A maximum of one sign per candidate or issue,
with a total sign area not to exceed four square feet on a residential
lot and 32 square feet on a nonresidential lot, shall be permitted.
(22)
Roadside stand sign for the sale of agricultural farm products
may be placed upon a farm property, provided that no more than two
signs may be posted, with a total sign area not to exceed six square
feet on a residential or nonresidential lot.
(23)
Time-and-temperature signs with the sole purpose to announce
time and temperature and any nonprofit or governmental public service
message, provided that the total sign area does not exceed 30 square
feet on a nonresidential lot and no advertising is included on the
sign. If advertising is included, the requirements of this section
shall apply.
(24)
An off-premises service organization or place of worship sign
stating the name of a recognized incorporated service organization
or place of worship as well as the place and times of meetings or
services and/or an arrow directing persons to such location. No more
than one off-premises sign is permitted, with a total sign area not
to exceed four square feet on a residential lot and 32 square feet
on a nonresidential lot.
(25)
Home occupation sign that advertises a permitted home occupation,
provided that no more than one sign per lot is permitted with a total
sign area not to exceed two square feet in a residential or nonresidential
lot. Signs placed within a residential district may not be illuminated
and shall be attached to the building or within a building window
and shall not be freestanding.
E.
Signs not regulated by this article.
(1)
Historic sign. A sign that memorializes an important historic place,
event or person and that is specifically authorized by Shippensburg
Township or Cumberland County, state or federal agency.
(2)
Holiday decorations. Decorations that commemorate a holiday recognized
by the Township, county, state or federal government and that does
not include advertising.
(3)
Not readable sign. A sign that is not readable from any public street
or any exterior lot line.
(4)
Official sign. A sign erected by the state, Cumberland County, Shippensburg
Township or other legally constituted governmental body, or specifically
authorized by Township ordinance or resolution, and which exists for
public purposes, such as but not limited to identifying public transit
stops.
(5)
Required sign. A sign that only includes information required to
be posted outdoors by a government agency or Shippensburg Township.
(6)
Right-of-way sign. A sign posted within the existing right-of-way
of a public street and officially authorized by the Township or PennDOT.
F.
Permitted signs by zoning district. The following signs are permitted
within the specified zoning districts, in compliance within the following
regulations.
(1)
The following signs are permitted in the A, R-1, R-2 and MU Zoning
Districts.
(b)
Freestanding signs, subject to the requirements in Subsection G of this section and the following regulations:
[1]
For subdivisions and apartment buildings containing more than
10 units:
[a]
One sign may be located at the main entrance to
the development, not to exceed 15 square feet in area or with a maximum
height of eight feet.
[b]
The sign shall be landscaped and in keeping with
the character of the Township.
[c]
The sign may be externally illuminated, consistent
with the provisions of this chapter.
[3]
For commercial uses in the MU Zoning District and institutional
uses:
[a]
One sign not to exceed 24 square feet in area on
lots less than two acres and no more than 40 square feet in area on
lots greater than two acres.
[b]
Signs shall have a maximum height of eight feet.
[c]
Not more than one such sign shall be placed on
any property held in single and separate ownership, unless such property
fronts upon more than one street, in which event one such sign may
be erected on each street frontage.
[d]
The sign may be internally or externally illuminated,
consistent with the provisions of this section.
(c)
Wall signs, projection signs, awning or canopy signs, or window signs, subject to the requirements in Subsection G of this section and the following regulations:
[1]
For lawfully permitted home occupations:
[2]
For commercial uses in the MU Zoning District and institutional
uses:
[a]
On lots less than two acres, the total sign area
shall not exceed 5% of the total wall area for all walls that directly
face a public street or parking lot to a maximum of 24 square feet
in area.
[b]
On lots greater than two acres, the total sign
area shall not exceed 6% of the total wall area for all walls that
directly face the public street or parking lot to a maximum of 36
square feet in area.
[c]
Signs shall have a maximum height equal to the
eave line.
[d]
Not more than one such sign shall be placed on
any property held in single and separate ownership, unless such property
fronts upon more than one street, in which event one such sign may
be erected on each street frontage.
[e]
The sign may be internally or externally illuminated,
consistent with the provisions of this chapter.
(2)
The following signs are permitted in the C-1, C-2 and U Zoning Districts:
(a)
Any sign permitted in any residential district shall be permitted,
provided that the use to which it refers is permitted.
(b)
Freestanding signs, subject to the requirements in Subsection G of this section and the following regulations:
[1]
Such signs shall be allowed one square foot of background area
per every linear foot of property frontage under separate ownership
to a maximum of 100 square feet plus an additional 10 square feet
per tenant up to a maximum of 150 square feet. In addition to the
aforementioned, for permitted drive-through establishments, two additional
freestanding signs shall be permitted for advertising items for sale
to users of the drive-through lane only.
[2]
Only one such sign shall be permitted for each street frontage,
except that lots with 500 feet or more of property frontage on one
street will be allowed two freestanding signs for each street frontage
which is 500 feet or more.
[3]
Maximum height above grade for any freestanding sign shall be
20 feet.
[4]
Notwithstanding the forgoing, for any freestanding sign for a regional attraction, as defined in Article XIX, § 430-126 (relating to definitions), the following regulations shall apply:
[a]
Such signs for a regional attraction shall be allowed
two square feet of background area for every linear foot of property
frontage to a maximum of 400 square feet in area per sign face. Only
one such sign shall be permitted for each such street frontage with
no sign placed closer than 1,000 linear feet to another such freestanding
sign. No more than three such signs shall be permitted for each regional
attraction.
[b]
Maximum height above grade for any freestanding
sign for a regional attraction shall be no more than 35 feet.
[c]
An appeal may be taken to the Zoning Hearing Board
for a variance to increase the sign size, the overall number of freestanding
signs for each regional attraction or the number of signs on each
street frontage.
[5]
The sign may be internally or externally illuminated, consistent
with the provisions of this chapter.
(c)
On-premises wall signs, projection signs, awning or canopy signs, or window signs, subject the requirements in Subsection G of this section and the following regulations:
[1]
The wall or awning sign may cover up to 10% of the vertical
building facade to which the sign is attached, up to a maximum sign
area of 200 square feet per tenant. This includes signs painted on
or affixed to the inside or outside of windows or which consist of
either an individual sign or letters that are attached to the building
or otherwise directly affixed to the facade surface.
[2]
Permanent signs located within the interior of the building,
but designed to be seen exclusively from the exterior of the building,
should be considered as part of the maximum permitted sign area and
included in making the 10% calculations.
[3]
On corner buildings or lots, where the building faces more than
one street or other right-of-way, wall signs may be attached to any
building wall that is facing the street or public right-of-way; provided,
however, that the total permissible sign on one street frontage may
not be aggregated and the total square footage of signs located on
any one facade nor shall not exceed 10% of the total vertical area
of that facade.
[4]
Wall signs may be placed on any side of the building that provides
a public entrance facing a public street.
[5]
Notwithstanding the foregoing, for any wall sign for a regional attraction, as defined in Article XIX, § 430-126 (relating to definitions), the following regulations shall apply:
[a]
A wall sign of up to 600 square feet will be permitted,
provided that only one such sign shall be permitted for each building
face.
[b]
In addition to the wall sign permitted above, a
building facade may contain up to five additional signs; provided,
however, that the total square footage of all such facade signs shall
not exceed 15% of the building facade.
[c]
An appeal may be taken to the Zoning Hearing Board
for a variance to increase the sign size, the overall number of wall
signs for each regional attraction.
[6]
The sign may be internally or externally illuminated, consistent
with the provisions of this chapter.
(d)
On-premises electronic variable message signs, subject to the provisions in Subsection J of this section.
(g)
Any sign not specifically permitted pursuant to this section
or otherwise expressly permitted by this chapter is a prohibited use.
(3)
The following signs are permitted in the I Zoning District.
(a)
Any sign permitted in any residential district shall be permitted,
provided that the use to which it refers is permitted.
(b)
On-premises freestanding signs subject to the requirements in Subsection G of this section and the following regulations:
[1]
Such signs shall be allowed two square feet of background area
per every linear foot of property frontage under separate ownership
to a maximum of 150 square feet, plus an additional 10 square feet
per tenant up to a maximum of 300 square feet. In addition to the
aforementioned, for permitted drive-through establishments, one additional
freestanding sign shall be permitted for advertising items for sale
to users of the drive-through lane only.
[2]
Only one such sign shall be permitted for each street frontage.
[3]
Maximum height above grade for any freestanding sign shall be
20 feet.
[4]
The sign may be internally or externally illuminated consistent
with the provisions of this chapter.
(c)
On-premises wall signs, projection signs, awning or canopy signs, or window signs, subject to the requirements in Subsection G of this section and the following regulations:
[1]
The wall sign may cover up to 10% of the vertical building facade
to which the sign is attached. This includes signs painted on or affixed
to the inside or outside of windows or which consist of either an
individual sign or letters that are attached to the building or otherwise
directly affixed to the facade surface.
[2]
A building facade may contain more than one wall or facade sign;
provided, however, that the total square footage of all such wall
signs shall not exceed 10% of the building facade.
[3]
Permanent signs located within the interior of the building,
but designed to be seen exclusively from the exterior of the building,
should be considered as part of the maximum permitted sign area and
included in making the 10% calculations.
[4]
On corner buildings or lots, where the building faces more than
one street or other right-of-way, wall signs may be attached to any
building wall that is facing the street or public right-of-way; provided,
however, that the total permissible sign may not be aggregated and
the total square footage of signs located on any one wall shall not
exceed 10% of the total area of that wall.
[5]
Wall signs may be placed on any side of the building that provides
a public entrance facing a public street.
[6]
The sign may be internally or externally illuminated or backlit
letters, consistent with the provisions of this chapter.
(d)
On-premises electronic variable message signs, subject to the provisions in Subsection J of this section.
(e)
Electronic variable message signs.
(h)
Any sign not specifically permitted pursuant to this section
or otherwise expressly permitted by this chapter is a prohibited use.
G.
On-premises signs.
(1)
Signs advertising a permitted use located on the site may be erected
in accordance with the following limitations:
(a)
Square footage computation will be ascertained by reference
to the background area of the sign, exclusive of supporting structure
or incidental decorative trim, which shall not exceed 25% of the copy
area. Decorative trimming may not bear any copy. For freestanding
double-faced signs, only one display face shall be measured in computing
total sign area where the sign faces are parallel or where the interior
angle formed by the faces is 90° or less.
(b)
Square footage computation for individual letter displays or
other graphic elements affixed to an existing structural background
shall be made by reference to the copy area covered by such letters
or elements. In computing copy area, straight lines drawn closest
to copy extremities encompassing individual letters, words or other
elements shall be used.
(2)
Wall signs.
(a)
No point of a wall sign shall be located less than eight feet
above the grade directly below the sign or extended out more than
one foot from the building wall on which it is affixed; provided,
however, that if the wall sign projects less than three inches from
the building wall, the eight-foot requirements need not be met.
(b)
A wall sign shall not be placed upon a wall that faces onto
a residential zoning district. This shall not prevent the placement
of a wall sign on a building side that faces onto an abutting public
street.
(c)
The maximum height of wall signs shall be equal to the top of
a structural wall to which the sign is attached. A sign shall not
be attached to a parapet wall or to a pitched or mansard roof.
(3)
Canopy or awning signs.
(a)
A canopy or awning without advertising shall not be regulated
as a sign.
(b)
Canopy or awning signs must be centered within or over architectural
elements such as doors or windows.
(c)
The lowest edge of the canopy or awning sign shall be at least
eight feet above the finished grade.
(d)
No awning or canopy sign shall be wider than the building wall
or tenant space it identifies.
(e)
Logos or emblems are permitted on the top or angled portion
of the awning or canopy up to a maximum of three square feet. No more
than one emblem or logo is permitted per awning or canopy.
(f)
Any ground-floor awning projecting into a street right-of-way
must be retractable. Awnings above the ground floor may be fixed,
provided they do not project more than four feet from the face of
the building.
(g)
The square footage of any advertising on an awning or canopy
shall be included for purposes of calculating the permitted wall sign
area.
(h)
For multi-tenant buildings, all awning and canopy signs shall
be similar in terms of height, projection, and style across all tenants
in the building.
(i)
Under-canopy signs of six square feet in area or less are permitted
at each entrance to the facility identified. Under-canopy signs shall
be a minimum of eight feet above the level of a public walkway over
which it extends.
(4)
Projecting signs.
(a)
A projecting sign may be used in lieu of a wall sign.
(b)
No portion of a projecting sign shall project more than four
feet from the face of the building.
(c)
The outermost portion of a projecting sign shall project no
closer than five feet from a curbline or shoulder of a public street.
(d)
The lowest edge of the projecting sign shall be at least eight
feet above the finished grade.
(5)
Freestanding signs.
(a)
The lowest edge of any freestanding pole sign shall be either
less than four feet or greater than seven feet above the ground.
(b)
Freestanding ground signs shall be supported and permanently
placed by embedding, anchoring, or connecting the sign in such a manner
as to incorporate it into the landscape or architectural design scheme.
(c)
All freestanding signs shall be set back five feet from the
right-of-way, except for official traffic signs and government/regulatory
signs.
(d)
No freestanding sign may occupy an area designated for parking,
loading, walkways, driveways, fire lane, easement, cartway of the
right-of-way or other areas required to remain unobstructed.
(e)
Freestanding signs must be at least 25 feet from all property
edges, with freestanding signs being at least 25 feet from any buildings.
The distance of the sign from either a building or property line shall
be measured from the nearest point of the sign facade.
(6)
Window signs.
(a)
A window sign may be used in place of a wall sign.
(b)
The total sign area shall not exceed 24 square feet in area.
(c)
The sign shall be on the inside of windows or printed on the
window itself.
(d)
Not more than one such sign shall be placed on any property
held in single separate ownership, unless such property fronts upon
more than one street, in which event one window sign may be erected
on each street frontage.
(7)
Manual changeable copy signs. Manual changeable copy signs are permitted
only when integrated into a freestanding, marquee or wall sign.
(9)
Directory signs.
(a)
A directional sign may be used to orient traffic within an industrial
park.
(b)
The sign may not to exceed 150 square feet and may contain only
the name of the industrial firm and suitable directional graphics.
(c)
No more than 15% of the copy area may encompass the name of
the industrial park.
(d)
No advertising other than the name of industrial park and tenants
is permitted on directory signs.
H.
Off-premises signs (including billboards).
(1)
Purposes. Off-premises signs are regulated by this article for the
following purposes: to ensure that a physical environment is maintained
that is attractive to desirable types of development, especially light
industrial and office parks; to prevent visual pollution and protect
property values, especially in consideration of the fact that most
commercial areas of the Township are within close proximity to existing
residences; to prevent glare on adjacent property and streets; to
avoid the creation of additional visual distractions to motorists,
especially along busy arterial streets that involve complex turning
movements and numerous traffic hazards; to recognize the numerous
alternative forms of free speech available in the Township including
existing nonconforming off-premises signs, on-premises signs and temporary
signs and printed and electronic media.
(2)
Nonconforming off-premises signs. This section is not intended to
require the removal of an existing lawfully-placed off-premises sign
that is in structurally sound condition.
(3)
PennDOT sign. Signs erected and maintained by PennDOT are permitted
by right in all districts.
(4)
Permitted off-premises signs.
(a)
District. An off-premises sign is only permitted in the I District.
(b)
Location. An off-premises sign shall be set back a minimum of
25 feet from all nonresidential lot lines and street rights-of-way.
No off-premises sign greater than 20 square feet shall be located
within 200 feet of a lot line for a residential zoning district.
(c)
Maximum sign area: 200 square feet.
(d)
Spacing. Any off-premises sign shall be separated by a minimum
of 1,500 feet from any other off-premise sign, including signs on
either side of a street and including existing signs in other municipalities.
No lot shall include more than one off-premises sign.
(e)
Maximum height: 35 feet above the elevation of the adjacent
street or highway, measured at the street or highway center line.
(f)
Attached. No off-premises sign or sign face shall be attached
in any way to any other off-premises sign, except that a sign may
have two sign faces of 200 square feet each, if they are placed approximately
back to back.
(g)
Control of lighting and glare: See standards in this chapter.
(h)
No off-premises sign greater than 30 square feet in sign area
shall be located within 200 feet from a lot line of an existing dwelling.
(i)
The sign shall be maintained in a good and safe condition. The
area around the sign shall be kept free of debris.
(j)
Electronic variable message signs may be used off-premises,
provided they meet the requirements contained herein.
I.
Portable signs (including "signs on mobile stands") and temporary
signs.
(1)
Portable signs are prohibited in all districts, except for a sandwich
board sign, subject to the following regulations:
(a)
Signs shall not exceed eight square feet in area.
(b)
Signs are permissible within 10 feet of the front of a building,
not in a driveway or in a parking lot, provided a minimum walking
distance of five feet shall be maintained to allow for a pathway for
pedestrians.
(c)
Only one sandwich board shall be permitted in front of the business
it advertises.
(d)
Signs shall contain copy set out in chalk, paint or print form
which is easily changed but which is not removable lettering.
(e)
Sandwich boards shall be weighted at the base so that the sign
cannot be moved by strong winds; however, no sign shall be chained,
tied or otherwise affixed to any structure or object.
(f)
Sandwich boards shall be taken indoors at the close of business
each day.
(2)
A temporary sign may be used where permitted, subject to the following
provisions:
(a)
One large temporary sign, with maximum area of 32 square feet
for a banner and 16 square feet for all other signs, per property,
if the property is five or more acres with 400 or more feet of street
frontage or has more than 10,000 square feet of floor area, with a
maximum height of eight feet in area for a ground sign and 24 feet
in area for a banner.
(b)
One small temporary sign, with a maximum area six square feet,
per property, with a maximum height of six feet; two signs if the
property is five plus acres with 400 plus feet of street frontage
or has more than 10,000 square feet of floor area,
(c)
No signs shall be attached to trees or utility poles.
(d)
Pennants and garland streamers are prohibited.
(e)
Temporary signs may be wall, window, freestanding or inflatable.
(f)
Temporary signs that comply with the requirements of this section
shall not be included in the determination of the type, number and
area of signs allowed on a property.
(g)
Temporary signs may not be illuminated.
(h)
No temporary sign shall be exhibited without being firmly embedded
in the ground, supported by other objects, mounted on wheels, or made
easily movable in some other manner.
J.
Electronic variable message signs.
(2)
General requirements.
(a)
All electronic variable message signs shall meet all applicable
sign requirements in this section and must otherwise comply with standards
and requirements set forth by the Pennsylvania Department of Transportation
and the Commonwealth of Pennsylvania.
(b)
No sign shall be permitted which attempts or appears to attempt
to direct the movement of traffic or which interferes with, imitates
or resembles any official traffic sign, signal or device.
(c)
No more than one freestanding and one wall or fascia electronic
variable message sign is permitted per street frontage.
(d)
The face of the electronic variable message sign shall have
only one advertising message per duration of the display.
(e)
Clocks and time-and-temperature signs are exempt from the requirements
in this section, provided that they do not contain any advertising.
(f)
Electronic variable message signs may be available for public
emergency use, including but not limited to Amber Alerts, emergency
evacuations and road closures.
(g)
Signs which message sequence, flash, strobe, make noise or show
pyrotechnics are not permitted.
(3)
Display requirements.
(a)
In the event of a malfunction, an electronic variable message
sign shall turn to a dark screen or freeze the sign in one position.
The screen shall remain in a dark or frozen position until the malfunction
is corrected.
(b)
Brightness limitations.
[1]
Lighting from the message module shall not exceed 1,000 nits
(candelas per square meter) between sunset and sunrise as measured
from the sign's face, except as to signs on lots that abut a residential
district, which shall not exceed 600 nits between sunrise and sunset.
[2]
Lighting from the message module shall not exceed 5,000 nits
or 3/10 footcandle over the ambient light, whichever is lower, between
sunrise and sunset as measured from the sign's face.
[3]
Automatic dimmers to maintain brightness measurements are required.
[4]
Light levels shall be certified by the applicant and submitted
to the Township in writing prior to approval of any electronic variable
message sign permit. The manufacturer's specification sheet and maximum
nit rating shall be included with the certification.
(c)
Text. The text of a sign must be limited to 10 words per sign
or less to allow passing motorists to read the entire copy with minimal
distraction.
K.
Construction of signs.
(1)
Every sign (except allowed temporary signs) shall be constructed
of durable materials. Every sign shall be kept in a safe condition
and good repair at all times pursuant to the most recent version of
the Property Maintenance Code.
(2)
The Zoning Officer shall, by written notice, require a property owner
or lessee to remove a sign constructed without a required permit or
repair or remove a damaged, dilapidated or unsafe sign within a specified
period of time. If such order is not complied with, the Township may
repair or remove such sign at the expense of such owner or lessee.
(3)
Sign materials shall be consistent with and complement the original
construction materials and architectural style of the building facade
on which they are displayed. All signs shall be constructed of only
wood, metal, stone or other appropriate material with painted, engraved
or raised messages.
(4)
Detailed plans showing supporting structural members and foundations
must be submitted to the Township for approval before issuance of
a permit. The Zoning Officer is authorized to require additional construction
documents to be prepared by a Pennsylvania-registered design professional.
The seal of the registered design professional shall be required on
all such plans.
L.
Abandoned or outdated signs.
(1)
Signs advertising a use no longer in existence shall be removed within
90 days of the cessation of such use. If the owner of a property does
not remove such sign within 30 days after receiving a written notice
from the Zoning Officer, the sign may be removed by the Township at
the expense of the property owner.
(2)
These time limits shall not apply to a sign intended to be reused
with a new sign face serving a building that is clearly temporarily
vacant and being offered to new tenants or for purchase.
M.
Location of signs.
(1)
Setbacks.
(a)
A sign shall not intrude into or project over an existing street
right-of-way, unless specifically authorized by a permit from the
Township or PennDOT. The Police Department, Zoning Officer, his/her
designee or the owner of a pole or tree shall have the authority to
remove and dispose of signs attached to a utility pole or tree. The
Board of Supervisors may approve a temporary banner over a street
cartway to advertise a charitable event.
(b)
Unless specifically stated otherwise, a freestanding sign shall
be set back a minimum of five feet from the street right-of-way. Unless
specifically stated otherwise, a freestanding sign shall be set back
a minimum of 10 feet from a lot occupied by a primarily residential
use.
(c)
These setbacks shall not apply to official signs, identification
signs on mailboxes, public service signs and directional signs.
(d)
No freestanding sign may occupy an area designed for parking,
loading, walkways, driveways, fire lanes, easements, or other areas
required to be unobstructed.
(2)
Sight clearance. No sign shall be so located that it interferes with
the sight clearance requirements of this chapter or otherwise endangers
traffic on a street by interfering with official street signs or signals
by virtue of color or location.
(3)
Off-premises. No signs except permitted off-premises, official, political
or public service signs shall be erected on a property to which it
does not relate.
(4)
Permission of owner. No sign shall be posted on any property or sign
pole or public utility pole, unless permission has been received from
the owner.
N.
Permits to build new permanent signs or alter or move existing permanent
signs.
(1)
No permanent sign shall hereafter be erected, structurally altered or moved until the person proposing to erect, alter or move such sign shall have obtained a permit from the Zoning Officer unless the sign is specifically exempt from the permit requirements as outlined in Subsection D or E of this section. Such permit shall be issued only when the Zoning Officer is satisfied that such sign will, in every respect, comply with all the applicable provisions of this chapter. The fee for granting such a permit shall be as per the schedule of officially approved fees.
(2)
Any person desiring such a permit shall file an application on a
form which shall contain or have attached thereto the following information:
(a)
The name, address and telephone number of the applicant.
(b)
A map showing the location of the building, structure or lot
to which the sign is to be attached or erected and showing the position
of the sign in relation to lot lines, nearby buildings and thoroughfares;
such a map must be to scale.
(c)
A plan showing the design of the sign, materials used and method
of construction and means of attachment to the building or the ground;
such plans must be to scale.
(d)
The name of the person, firm, corporation or association erecting,
altering or moving said sign.
(e)
The written consent of the owner of the land on which the sign
is to be erected, altered or relocated.
(f)
Any building permit required and issued for said sign under
municipal ordinance.
(g)
Provision for the electrical maintenance and repainting, cleaning
or other maintenance of the sign.
(h)
Any other information as the Zoning Officer shall require in
order to show full compliance with this chapter and all other applicable
laws of Shippensburg Township.
O.
Permits for temporary signs.
(1)
All temporary signs as they are defined in this chapter, except those
signs enumerated as miscellaneous signs not requiring a permit, must
have a permit.
(2)
Application for a permit for a temporary sign shall be made on a
form provided by the Zoning Officer. A permit for temporary signs
must be kept on the premises where signs are displayed and must be
shown to the Zoning Officer at request.
(3)
The size, content and location of a temporary sign may be varied
at any time so long as the variations remain within the overall restrictions
of this chapter.
(4)
Permits for temporary signs are valid for 60 days but may be renewed
for one additional period for 30 days.
A.
The accessory day-care center shall meet all state and federal licensing
and registration requirements and shall provide proof of compliance
with the Pennsylvania Code, Title 55, Chapter 3270, Child Day-Care
Centers, or Title 6, Chapter 11, Older Adult Daily Living Centers,
both as amended.
B.
The accessory day-care center provides safe off-street pickup and
dropoff points in order to minimize traffic congestion. Vehicles shall
enter and exit from the pickup and dropoff points at least 60 feet
from any intersection. The passenger pickup and dropoff points shall
be arranged so that the passengers do not have to cross traffic.
C.
An outdoor play area shall be provided in accordance with state regulations.
Adult passive recreation areas may be provided for older adult daily
living centers. Off-street parking compounds shall not be used as
outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a four-foot-high
fence that shall screen the area from adjoining residentially zones
or use properties. All outdoor play areas must provide a means of
shade such as shade tree(s) or pavilion(s).
Within the I Zone, adult-related uses (adult book store, adult
cabaret, adult movie theater, etc.) are permitted by conditional use,
subject to the following criteria:
A.
Any building or structure used and occupied as an adult-related use
shall have an opaque covering over all windows or glass in doors in
any area in which materials, merchandise or film are exhibited or
displayed, so that no sale materials, merchandise or film shall be
visible from outside of the building or structure.
B.
No sign shall be erected upon the premises pictorially depicting
or giving a visual representation of the type of materials, merchandise
or film offered therein;
C.
Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 18 years are not permitted to enter
and warning all other persons that they may be offended upon entry;
D.
No adult-related use may change to another adult-related use, except
upon approval of an additional conditional use;
E.
The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate;
F.
No sexual activity or conduct shall be permitted; and
G.
No more than one adult-related use may be located within one building.
H.
No person shall operate an adult entertainment establishment without
first obtaining a use and occupancy or zoning permit as provided in
this chapter and all other applicable permits required by law. The
permit will be reviewed annually for compliance. The Health Officer
and/or Zoning Officer will also perform regular inspections.
Purpose. The purpose of any age-qualified housing community
is to encourage the development of affordable and market-rate housing
(in accordance with federal regulations) for individuals aged 55 and
over, by allowing for the greater variety of building types at a higher
density than would normally be allowed; by allowing greater flexibility
in site planning so as to promote the sound development of land which
reduces residents' burdens of property maintenance and which reduces
demands on municipal services; provide limited opportunities for commercial
development that will primarily serve the age-qualified housing community;
and to promote flexibility in land use planning in order to improve
site layouts, protect natural features and environmental values and
utilize land in harmony with neighboring properties.
A.
AGE-QUALIFIED HOUSING COMMUNITY
(1)
(2)
(3)
AGE-QUALIFIED HOUSING COMMUNITY ASSOCIATION
AGE-QUALIFIED HOUSING COMMUNITY COVENANTS
AGE-QUALIFIED RESIDENT
DEVELOPMENT AREA
DEVELOPMENT COVERAGE (MAXIMUM)
NET DEVELOPABLE ACREAGE
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A residential land development intended and operated for
occupancy by persons 55 years of age or older, provided that:
At least 80% of the occupied units are occupied by at least
one person who is 55 years of age or older;
The housing community publishes and adheres to policies and
procedures that demonstrate the intent required by the Housing for
Older Persons Act of 1995, as amended;
The housing facility/community complies with the rules issued
by the Secretary of Housing and Urban Development for verification
of occupancy through reliable surveys and affidavits.
Any non-stock corporation or unincorporated residential association,
established in accordance with Pennsylvania law to administer the
covenants and restrictions of an age-qualified housing community.
Those portions of the governing documents of an age-qualified
housing community association that impose age-restrictive requirements.
An occupant of a dwelling unit in an age-qualified housing
community who is 55 years of age or older who occupies the dwelling
unit as his or her primary residence.
The total gross contiguous acreage of land that is included
as part of an age-qualified housing development. Lands that are separated
by a public or private street shall be deemed to be contiguous.
The maximum percentage of the development area that may be
covered by buildings, structures and/or other impervious surfaces.
All land excluding such portions that, prior to development:
Are within the right-of-way of previously dedicated streets
or roads;
Contain slopes greater than 20% (excluding man-made slopes);
Are identified as wetlands and/or waters of the commonwealth
by the U.S. Army Corps of Engineers or the Pennsylvania Department
of Environmental Protection, as applicable;
Are encumbered by areas identified in the Township Flood Insurance
Rate Maps as included within the one-hundred-year floodplain; or
Are encumbered by easements or deed restrictions that prohibit
the development of the land.
B.
Age-qualified housing communities shall be permitted by conditional
use. The Township Board of Supervisors shall adhere to the provisions
of this section when conducting a conditional use hearing and considering
the appropriateness of an age-qualified housing community.
C.
The standards, requirements and provisions of this section shall
be the only standards, requirements and provisions that apply to age-qualified
housing communities and shall supersede all other requirements, standards
and provisions of the chapter. Minimum dimensional regulations shall
be as follows:
(1)
Total net developable area of an age-qualified housing community:
35 acres.
(2)
Minimum lot width.
(a)
Single-family detached: 45 feet.
(b)
Single-family semidetached (duplex): 35 feet.
(c)
Single-family attached: 24 feet for interior units; 34 feet
for end units.
(d)
Multifamily (apartment or condominium): 150 feet.
(e)
Nonresidential lots: 100 feet (except that lots used for public
utility purposes may have a minimum lot width of 50 feet).
(f)
Commercial lots: 150 feet.
(3)
Minimum lot area.
(a)
Single-family detached: 5,500 square feet.
(b)
Single-family semidetached (duplex): 4,000 square feet.
(c)
Single-family attached: 3,500 square feet.
(d)
Multifamily (apartment or condominium): 40,000 square feet.
(e)
Nonresidential lots: 40,000 square feet.
(f)
Commercial lots: 40,000 square feet.
(4)
Maximum number of dwelling units in a single family attached building:
Eight.
(5)
Maximum development coverage: 60% of net development area.
(6)
Maximum density: 10 units per developable acre.
(7)
Maximum building height: 45 feet.
(8)
Minimum setback for residential buildings. Front: 25 feet between
building and street curb; side: five feet each (except end units of
single-family attached and townhouse dwellings shall have a minimum
side yard of 10 feet); rear: 20 feet (except that such building setback
for a lot with an access alley at the rear shall have a setback of
10 feet).
(9)
Minimum setback for nonresidential buildings. Front: 50 feet; side:
20 feet between nonresidential buildings, 30 feet when abutting residential
units; rear: 25 feet.
(10)
Minimum setback for commercial buildings: Front: 50 feet; side:
30 feet between commercial buildings, 50 feet when abutting nonresidential
and residential buildings; rear: 50 feet.
D.
Other requirements.
(1)
All proposed age-qualified housing communities shall provide the
Township copies of age-qualified housing community covenants, declarations,
policies, procedures, written rules, regulations, etc., that demonstrate
the intent of the community to provide housing for persons 55 years
of age and older. The documents shall be developed in accordance with
the requirements of the Housing for Older Persons Act of 1995, as
amended. These documents shall be provided to the Township prior to
final approval of an age-qualified housing community and at other
times after construction of the project as may be requested.
(2)
All utilities serving a proposed age-qualified housing community
shall be public or PADEP-approved community systems, and all utility
lines shall be underground.
(4)
A 50-foot-wide external, circumferential buffer are shall be provided from all perimeter property lines and existing road right-of-way lines. No buildings or parking facilities shall be permitted in this buffer area. A calculation showing the total buffer area shall be provided; 25% of this buffer area may be included in the "open space" required by § 430-33D(3) above.
(5)
Nonresidential uses developed within the age-qualified housing community
shall be "targeted" toward residents of the community. Nonresidential
buildings shall not exceed 50,000 square feet in ground "footprint."
(Examples of nonresidential uses include, but are not necessarily
limited to, community buildings, assisted living facilities, skilled
care nursing facilities, churches, and similar uses.)
(6)
Commercial uses developed within an age-qualified housing community
shall likewise be targeted toward residents of the community. However,
it is recognized that commercial uses, such as banks, pharmacies,
grocery stores, professional offices, etc., may be utilized by the
broader community.
(7)
Streets or portions thereof that are proposed to be constructed within an age-qualified housing community shall be privately owned and maintained. Additionally, the streets shall be constructed to Township standards in accordance with Chapter 372, Subdivision and Land Development, of this Code.
(8)
All residential, nonresidential and commercial buildings constructed
within an age-qualified housing community shall be accessed from the
internal street system. That is, no individual building or parking
lot access shall be permitted directly from an existing state or Township
road.
(9)
Nonresidential and residential areas of the age-qualified housing community shall be linked through sidewalks or other pedestrian trails. Direct pedestrian access shall be provided to the principal entrance of each principal building. Sidewalks constructed along the streets in an age-qualified housing community shall be constructed in accordance with Chapter 372, Subdivision and Land Development,.
(10)
A lighting plan, also known as a photometric plan, shall be
required with the submission of the land development plans for an
age-qualified housing community. Such plan shall demonstrate adequate
lighting levels on site and no offensive light encroachment off site.
The standards set forth in this chapter shall apply.
(11)
Hiker/biker trails shall be provided to enhance physical fitness
and encourage exercise. Such trails shall be a minimum width of six
feet and shall have activity stations, benches and other amenities.
(12)
Parking requirements. Parking shall be provided in accordance with § 430-29 of this chapter unless: (i) a reduced number is deemed sufficient by the Board of Supervisors in connection with approving a land development plan for the development; and (ii) if required by the Board of Supervisors, land of sufficient area to construct the number of spaces by which the required parking was reduced is set aside for such parking spaces in the event that the initially-reduced number of spaces is deemed by the Board of Supervisors to be insufficient to satisfy parking demands. Each such parking space shall be conveniently located to the nonresidential use that is intended to serve. If the age-qualified housing development is to be constructed in phases, the total number of parking spaces required to serve all nonresidential uses of the overall development also may be constructed in phases, provided that: (i) a sufficient number of parking spaces is installed with each phase to serve the nonresidential uses of such phase and any prior phases(s); and (ii) upon completion of the final phase of such development, the total number of parking spaces for nonresidential uses required under this section is satisfied (as reduced by the Board of Supervisors, if applicable). Commercial uses shall provide parking spaces in accordance with the standards of this article.
(13)
The following uses shall be permitted as part of age-qualified housing communities and shall be subject to the dimensional requirements set forth in § 430-33C above.
(a)
All types of dwellings that are defined elsewhere in this chapter,
including, but not necessarily limited to, single-family detached,
single-family semidetached, single-family attached and multifamily,
including condominiums.
(b)
Recreational and cultural facilities for the sole use of the
residents of the age-qualified housing community and their guests,
including but not limited to clubhouses, community centers, lounges,
bars, ballrooms, libraries, places of worship, swimming pools, tennis
courts, shuffleboard courts, bocce courts, fitness centers, walking
paths, golf putting greens and driving areas.
(c)
Personal care, assisted living and/or nursing (skilled) care
facilities that provide for a continuum of care for those residents
of the community who wish to stay in the community in declining health.
(For purposes of density calculation, every eight beds in a personal
care, assisted living or skilled care facility shall equal one equivalent
dwelling unit.)
(d)
Commercial uses primarily for the use and convenience of the
residents of the age-qualified housing community and their guests,
including but not limited to cafes, restaurants and dining facilities,
spas, medical and health and wellness facilities, pharmacies, banking
facilities, grocery stores, concierge, hospitality facilities, travel
services, and professional offices.
(e)
Accessory buildings and uses that are located within the age-qualified
housing community and are customarily incidental to any of the above
permitted uses.
(f)
Public utilities, water facilities and public sewer facilities.
Such utilities and facilities may serve areas outside of the age-qualified
housing community.
E.
Corner lot front yards. Notwithstanding, a corner lot in an age-qualified
housing community shall be deemed to have only one front yard. If
a driveway that serves the corner lot is located in a yard that could
be deemed a front yard, then the yard with the driveway shall be deemed
the front yard and any other yard that could have been a front yard
shall be deemed a side yard.
Agricultural operations/excluding commercial livestock operations
shall be permitted in the A Zone, subject to the following criteria:
Within the C-1 and A zones animal hospitals, veterinary offices
and/or kennels shall be permitted as a conditional use and by right
in the C-2 Zone, subject to the following criteria:
A.
Kennels and/or animal hospitals shall have a minimum lot size in
accordance with the requirements of the zoning district.
B.
All areas used for exercise shall be securely fenced.
C.
All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be a minimum of 25 feet
from all property lines and a minimum of 200 feet from any adjacent
residence whose owner is other than the animal building owner.
D.
Animals shall be permitted to exercise outside daily between the
hours of 8:00 a.m. to 8:00 p.m.
Auto repair garages are permitted by right in the C-2 and I
Zones, subject to the following criteria:
A.
All paint work shall be performed within a building with a fume collection
and ventilation system that directs fumes away from any adjacent dwellings.
Outdoor major repairs (such as bodywork and grinding) and outdoor
welding shall not occur next to a residential use or a residential
district.
B.
All reasonable efforts shall be made to prevent or minimize noise,
odor, vibration, light or electrical interference to adjacent lots
in accordance with this chapter.
C.
Overnight outdoor storage of junk other than permitted junk vehicles
shall be prohibited within view of a public street or a dwelling.
D.
Any junk vehicle shall not be stored for more than 20 days. A maximum
of four junk vehicles may be parked on a lot outside of an enclosed
building at any one time, except that additional numbers of vehicles
may be parked outside overnight if they:
E.
Service bay doors shall not face directly towards an abutting dwelling
(not including a dwelling separated from the garage by a street).
When such garage is located on a property adjoining a residential
use, all service bay doors shall remain closed and shall be opened
only for such time that is necessary to allow the entry and exit of
vehicles.
Automobile filling stations (including minor incidental repair)
are permitted by conditional use in the C-1 Zone and by right in the
C-2 Zone, subject to the following criteria.
A.
The subject property shall have a minimum width of 125 feet;
B.
The subject property shall front on an arterial or collector road;
C.
The subject property shall be set back at least 300 feet from any
lot containing a school, day-care facility, park, playground, library,
hospital or nursing, rest or retirement home;
D.
The outdoor storage of motor vehicles (whether capable of movement
or not) for more than one month is prohibited;
E.
All structures (including air compressors, kiosks, gasoline pump
islands, but not including signs) shall be set back at least 15 feet
from any street right-of-way line;
F.
No outdoor storage of auto parts shall be permitted;
G.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet from and oriented away from any adjoining residence;
H.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
Bed-and-breakfast homes and inns shall be permitted in the A,
R-1, R-2, U and MU Zones by right, subject to the following specific
criteria:
A.
A bed-and-breakfast home shall be allowed only in an owner-occupied,
single-family, detached residential dwelling or buildings accessory
thereto. No modification to the external appearances of the building
(except fire and safety requirements) which would alter its residential
character shall be permitted.
B.
The owners of a bed-and-breakfast home or bed-and-breakfast inn must
be in the residence when guests are present.
C.
Accommodations for overnight lodging at a bed-and-breakfast home
shall be limited to no more than five guest rooms and to no more than
10 guests at a given time. The guest rooms for both bed-and-breakfast
homes and inns shall be rented to overnight guests on a daily basis
for periods not exceeding one week.
D.
Accommodations at bed-and-breakfast homes and inns may include breakfast
prepared on the premises for guests and included in the charge for
the room. No meal other than breakfast may be prepared on the premises
for the registered guests. Catered food service from a licensed facility
is permitted without additional licensing requirements.
E.
No cooking facilities shall be provided or permitted in individual
guest rooms.
F.
A bed-and-breakfast home or inn must conform to all zoning regulations
with regard to parking, access, signs, area, setbacks, etc., as are
applicable under this chapter.
G.
Lighting shall not be shed on adjoining properties.
H.
The use of a residential dwelling for a bed-and-breakfast home or
inn must be approved by the Township Sewage Enforcement Officer and
the system upgraded, if necessary.
I.
No goods may be publicly displayed for sale on the premises.
J.
All bed-and-breakfast homes and bed-and-breakfast inns shall comply
with the Federal Life Safety Code, the rules and regulations of the
Pennsylvania Department of Labor and Industry, and all other applicable
building, safety, and fire codes of the federal, state, or local government,
as amended.
A.
Off-street parking shall be divided into multiple lots as necessary
so that no single lot has more than 120 parking spaces. These lots
shall be separated from each other by a suitably landscaped area no
less than 20 feet wide each of which shall include a suitable pedestrianway.
B.
The maximum number of off-street parking spaces shall not exceed
by more than 10% the minimum number of required off-street parking
spaces.
C.
Pedestrian walkways shall be differentiated from driving surfaces
through a change in elevation and materials.
D.
A twenty-five-foot-wide landscaping strip shall be provided along
all public streets.
E.
Parking and security lights shall not be taller than the buildings
within the development, or a maximum of 24 feet above grade, whichever
is less. All lighting shall be shielded, buffered and directed downward
so that glare and strong dazzling light or its reflection will not
be a nuisance to adjoining properties and streets.
F.
All freestanding signs shall be located in a landscaped area that
is equal in size or greater than the total single-face sign area for
that sign(s).
G.
The design of service areas, including, but not limited to, outdoor
storage, trash collection, and loading berths, shall be incorporated
into the primary building design and shall be constructed of materials
of comparable quality and appearance. When such service areas are
adjacent to or across the street from a residential neighborhood,
all delivery trucks, garbage trucks, and other large service vehicles
shall access the service areas via internal driveways and not from
a residential street.
H.
All loading areas shall be located to the rear or side of the building
and shall be screened from the view of any public street via an earthen
berm, a continuous row of evergreen material five feet in height at
the time of planting or suitable architectural treatment. Refuse areas
and receptacles shall be placed in the least visible location from
public streets and adjoining residential properties and shall be enclosed
on three sides with opaque walls and a self-closing gate.
I.
Rooftop equipment shall not be visible from a point of view that
is five feet above grade at a distance of 200 feet from the walls
of the roof's structure.
J.
In the event of building vacancy, such establishments shall be maintained
at the standard of the occupied establishment, prior to closure, including
all parking lot surfaces and landscaping. Building doors and windows
shall not be boarded up.
K.
Adaptive reuse. If an establishment remains vacant for a period of
12 consecutive months, the owner and/or lessee shall work with the
Cumberland County Redevelopment Authority, or other similar entity,
to create a plan for the removal or adaptive reuse of any principal
structures.
L.
Abandoned building surety bond. The developer shall obtain, provide
evidence, and carry in full force and effect throughout the duration
of the life of the project, a performance/surety bond providing for
the demolition of the primary building or buildings. Said security
shall provide funds to cover the cost of continued and perpetual maintenance
of the vacant building site if the primary building(s) is ever vacated
or abandoned, and remains so for a period of more than 12 months following
primary business closure and in instances where adaptive reuse as
described above is not a viable option.
A.
Within the C-2 Zone, car washes are permitted by right, subject to
the following criteria:
(1)
Gray water recycling is mandatory;
(2)
For automatic, self-service and full-service car washes, each washing
bay shall provide a minimum 100-foot-long on-site stacking lane which
precedes the washing process area;
(3)
For full-service car washes, a post-washing drying area shall be
provided for no less than six vehicles per washing lane;
(4)
All structures housing washing apparatuses shall be set back 15 feet
from any street right-of-way, 50 feet from any rear property line,
and 20 feet from any side lot line;
(5)
Trash receptacles shall be provided and routinely emptied to present
the scattering of litter, and the applicant shall furnish and implement
a working plan for the cleanup of litter and debris; and
(6)
The subject property shall front on an arterial or collector road.
B.
The applicant shall demonstrate adequate provision for the collection
and disposal of greases and wastes.
Cemeteries shall be permitted by right in all zoning districts,
subject to the following criteria:
A.
Within the C-1 and MU Zones, commercial day-care facilities are permitted
by right, subject to the following criteria:
(1)
An outdoor play area shall be provided, at a rate of 65 square feet
per individual enrolled. Off-street parking compounds shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard. Additionally, outdoor play areas shall be located
and designed so as not to disrupt normal activities of adjoining uses.
There shall be a minimum of a four-foot-high fence with screening
to screened from adjoining residentially used or zoned properties.
Any vegetative materials located within the outdoor play areas shall
be of a nonharmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s);
(2)
Enrollment shall be defined as the largest number of persons and/or
children under day-care supervision at any one time during a seven-day
period;
(3)
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
B.
All commercial day-care facilities shall obtain and maintain proper
licensure from the Commonwealth of Pennsylvania.
A.
Within the C-2 Zone, commercial recreation or entertainment facilities,
except adult-related uses, shooting ranges and casinos and/or gambling
facilities are permitted by right, subject to the following criteria:
[Amended 12-1-2018 by Ord. No. 2018-06]
(1)
If the subject property contains more than two acres, it shall front
on an arterial or collector road;
(2)
Those uses involving extensive outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties;
(3)
Any structures exceeding the maximum permitted height may be permitted
so long as they are set back from all property liens at least the
horizontal distance equal to their height, plus an additional 50 feet.
Furthermore, such structures shall not be used for occupancy;
(4)
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust and pollution;
(5)
Required parking will be determined based upon a combination of the
types of activities proposed and the schedule listed in this chapter.
In addition, an unimproved grassed overflow parking area provided
for peak-use periods may be required. Such overflow parking areas
shall be accessible only from the interior driveways of the permanent
parking lot. Overflow parking areas shall contain fencing to prevent
vehicles from crossing adjoining properties or directly accessing
adjoining roads; and
(6)
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads.
B.
If at any time after the opening of the commercial recreation facility
the Township determines that traffic backups are occurring on adjoining
roads, and such backups are directly related to the means of access
to the subject property, the Township can require the applicant to
revise means of access to relieve the undue congestion.[1]
[1]
Editor's Note: Original § 339, Commercial wireless
telecommunications service facilities, which immediately followed
this subsection, was repealed 11-5-2016 by Ord. No. 2016-05.
Within the A Zone, a confined livestock operation shall be permitted
as a conditional use, subject to the following criteria:
A.
The parcel of contiguous land owned by the owner of a confined livestock
operation shall be and remain at least 50 acres. In the event the
parcel of contiguous land in common ownership consists of more than
one tract, as defined in this chapter, the owner must merge such tract,
which will preclude the tract from being placed in separate ownership
without Township subdivision approval.
(1)
Irrespective of the provisions of this section, any large livestock
operation in existence prior to the enactment of this chapter may
not expand such operation without obtaining a conditional use approval
from the Township, and shall be subject to the following limitations:
(a)
The gross floor area of buildings housing such livestock shall
not be expanded to more than double the gross floor area housing such
livestock.
(b)
The number of equivalent animal units shall not be more than
doubled. For this purpose, both the number of animal equivalent units
present on the property prior to the enactment of this chapter and
the number permitted by this section shall be calculated by reference
to Title 25, Chapter 83, subchapter D, Table A, referred to in the
Pennsylvania Code (§ 83.212), as amended.
(2)
Any building constructed after the date of the enactment of this
chapter to house animals in a confined livestock operation must maintain
the following setbacks:
(a)
From a dwelling not owned by the owner of the confined livestock
operation, a church, a building used in connection with a home occupation
or small business or other building occupied by human beings at least
10 hours a week: 500 feet.
(b)
From a property line: 100 feet.
(c)
Buildings housing animals shall not be located within the floodplain.
(d)
From a well not owned by the owner of the confined livestock
operation: 150 feet.
B.
Irrespective of the setback requirements of this section, a new building
to provide housing for animals may be located in the aforesaid setback
area, provided:
(1)
There was, prior to the enactment of this chapter, another building
housing animals within the required setback area.
(2)
The new building housing livestock will not project further into
the required setback area than did the building in existence prior
to the enactment of this chapter.
(3)
The number of equivalent animal units on the parcel where the confined
livestock operation is or will be located, after construction of the
proposed building, not be more than double the number that were present
on such tract prior to the enactment of this chapter.
C.
The owner of the confined livestock operation must establish and
maintain an access to the operation so that all motor vehicles making
a right turn (whether entering or leaving the property can do so without
first having to enter the left-hand side of the public highway. Such
access is required only for motor vehicles going in one direction,
with the direction of travel to be selected by the Township, provided
such vehicles do not in fact travel in the other direction. In the
event vehicles should travel in the other direction, the owner of
the operation shall be required to alter the access so that vehicles
will not be required to enter the left side of the public highway
to complete the turn. In the event motor vehicles entering or leaving
the operation by making a right turn in fact enter the left lane of
the public highway, the owner of the operation shall revise the access
so that motor vehicles entering or leaving the operation by making
a right turn can do so without entering the left lane of the public
highway.
D.
The confined livestock operation must establish and maintain compliance
at all times with the requirements of the Pennsylvania Nutrient Management
and Odor Management Act, as amended.
E.
The confined livestock operation must ensure dead animals, if disposed
of on the property, are disposed of in strict accordance with the
applicable standards of the Pennsylvania Department of Environmental
Protection and until such disposition, irrespective of whether such
disposition occurs on the property, are kept in airtight containers.
F.
The owner of the property on which a building to house animals in
a confined livestock operation is located shall remove such building
within five years following the time such building ceases to be utilized
to provide housing for livestock, unless prior thereto such owner
attains a use or occupancy certificate from the Township to utilize
such building for another purpose. Such a use or occupancy certificate
shall not be granted to permit use of such building for storage purposes,
unless:
(1)
Such storage is of materials utilized in conjunction with the agricultural
use of the property.
(2)
At least 50% of the gross floor area of the building is utilized
for such storage purposes.
(3)
A property owner shall not obtain a use or occupancy certificate
permitting a different use unless the owner has maintained the buildings
so that windows are not out, substantial rust does not appear, and
the building is in otherwise reasonably good condition. Following
the issuance of such use or occupancy certificate, the building must
be maintained in the same condition as at the time the certificate
is issued.
In the MU, C-1 and C-2 Zones, convenience stores with gas-dispensing
and/or gasoline service stations are permitted by right, subject to
the following conditions:
A.
The minimum lot size shall conform to the zoning district regulations.
B.
All height, setback and coverage standards shall be in accordance
with the zoning district in which the use is located.
C.
A site circulation plan shall be provided that depicts the separation
of fueling service gasoline service station areas and convenience
store areas. The plan shall show the location and dimensions of all
structures, fuel pumps and location of the tank field; the location
and dimensions of parking, landscaping areas and signage; and the
description of internal circulation and access, in accordance with
the standards herein.
D.
Minimum setback for access drives shall meet the following standards:
F.
Motor vehicles shall not be permitted to be parked on sidewalk areas.
G.
Minimum setback of fuel pumps from parking areas shall be 20 feet.
H.
Outdoor display. All merchandise, except oil racks, shall be displayed
within a building. Vending machines shall be maintained in a semi-enclosed
structure or within the building.
I.
Outdoor lighting shall be in accordance with this chapter.
J.
Fuel delivery shall not impede traffic-flow patterns.
Within the C-1, C-2 and I Zones, drive-thru facilities shall
be permitted by conditional use, subject to the following criteria:
A.
The subject property shall front on an arterial or collector road.
B.
Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter. All applications shall
include a description of a working plan for the cleanup of litter.
C.
All exterior seating/play areas shall be completely enclosed by a
minimum three-foot-high fence.
D.
No part of the subject property shall be located within 200 feet
of any land within the R-1, R-2, or MU Zone,
E.
Ingress and egress standards shall meet the requirements of Chapter 372, Subdivision and Land Development.
(1)
The minimum distance of any driveway to property line shall be 10
feet.
(2)
The minimum distance between driveways on the site shall be 65 feet,
measured from the two closest driveway curbs.
(3)
The minimum distance of a driveway into the site from a street intersection
shall be 60 feet, measured from the intersection of the street right-of-way
to the nearest end of the curb radius.
(4)
The angle of driveway intersection with the street shall be based
upon safe traffic movements and shall be approved by the Township
Engineer.
(5)
Drive-in facilities adjacent to or integrated in a shopping center
or cluster of commercial facilities shall use the common access with
other business establishments in that center.
F.
All drive-in facility buildings and structures shall be designed
and planned to take advantage of and be compatible with natural features
of the site and area.
G.
Outdoor lighting shall be contained on site.
H.
All drive-through windows shall be separated from the parking lot's
interior driveways and have stacking lanes of at least 100 feet in
length for pharmacies and financial institutions and 160 feet for
fast-food businesses.
I.
Outside speakers shall not be audible from any residential area.
J.
All automated teller machines shall be located so that the on-site
movement of vehicles will not be hampered by those cars belonging
to persons using the automated teller machines.
K.
A traffic study is required to demonstrate safe access and control
of traffic into and out of the facility. The traffic study shall include
at a minimum the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
Within the MU, C-1 and C-2 Zones, dry cleaners, laundries and
laundromats are permitted by right, subject to the following criteria:
A.
All activities shall be conducted within a completely enclosed building.
B.
All windows and doors or walls facing adjoining residential zones
shall be kept closed.
C.
Self-service laundromats shall require one off-street parking space
for each two washing machines; other laundry-related uses shall provide
one off-street parking space for each 400 square feet of gross floor
area.
D.
Laundry and dry cleaning establishments shall be intended for personal
use only.
E.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially zoned or used property.
Within the A, R-1, R-2 and MU Zones ECHO housing is permitted
by right, subject to the following criteria:
A.
The ECHO housing may not exceed 900 square feet of floor area.
B.
The total building coverage for the principal dwelling, any existing
accessory structures and the ECHO housing together shall not exceed
the maximum requirement for the zone in which the ECHO housing is
located.
C.
The ECHO housing shall be occupied by either an elderly, handicapped
or disabled person related to the occupants of the principal dwelling
by blood, marriage or adoption.
D.
The ECHO housing shall be occupied by a maximum of two people.
E.
Utilities.
(1)
For public sewer and water supply and all other utilities, the ECHO
housing shall be physically connected to those systems serving the
principal dwelling. No separate utility systems or connections shall
be constructed or used. All connections shall meet the applicable
utility company standards; and
(2)
If on-site sewer or water systems are to be used, the applicant shall
submit evidence to the Board of Supervisors showing that the total
number of occupants in both the principal dwelling and the ECHO housing
will not exceed the maximum capacities for which the one-unit systems
were designed, unless those systems are to be expanded, in which case
the expansion approvals are to be submitted. Any connection to or
addition to an existing on-site sewer system shall comply with the
applicable utility company standards and be approved by the Township
Sewage Enforcement Officer.
F.
A minimum of one off-street parking space, with unrestricted ingress
and egress to the street, shall be provided for the ECHO housing,
in addition to that required for the principal dwelling.
G.
The ECHO housing shall not be permitted in the required front yard
setback and shall adhere to all side and rear yard setback requirements
for principal uses.
Within the C-1 and C-2 Zones, funeral homes or mortuaries, excluding
crematories, shall be permitted by right subject to the following
criteria:
A.
The applicant shall furnish evidence that the use of materials and
disposal of wastes will be accomplished in a manner which complies
with state and federal regulations.
B.
Parking shall be designed to prevent traffic backups onto adjoining
roads.
C.
A 100-foot off-street stacking area for the formation of the funeral
procession shall be provided on the site.
D.
No funeral procession will be allowed to form on public streets.
A group home is permitted by right in the R-2, MU, U and C-1
Zones. The following information shall be provided to the Township
Zoning Officer prior to the issuance of a building permit:
A.
In a narrative form, a statement of the proposed use, including its
location, number of residents, name, telephone number and contact
person of the sponsoring agency.
B.
A statement that all required approvals, permits and licenses have
been granted from the federal, state and county governments or other
public agencies.
C.
The group home shall comply with all zoning regulations in the district
in which the group home is located.
D.
All other information that is required by the Building Code Officer
prior to issuing a building permit shall be provided to the Township.
E.
The group home shall maintain a similar appearance, condition and
character to the existing dwellings in the immediate vicinity of the
group home.
F.
Occupants of the group home shall live as a family unit.
G.
Under no circumstances shall any uses qualifying for or falling under
the definition of "halfway house" be considered a group home.
Group quarters shall be permitted in the R-2 and MU Zones by
conditional use and in the (U) zone by right, subject to the following
criteria:
A.
There shall be a minimum of 350 square feet of habitable floor area
provided for each occupant.
B.
A common kitchen and dining facility shall be provided, and no cooking
or dining facilities shall be provided in individual rooms or suits.
This provision is not intended to require kitchen and dining facilities
if the affiliated institution provides them elsewhere.
C.
All group quarters shall be connected to public water and public
sanitary sewage facilities.
D.
All group quarters shall comply with the Federal Life Safety Code,
the rules and regulations of the Pennsylvania Department of Labor
and Industry, and all other applicable building, safety and fire codes
of the federal, state and local governments, as amended.
Halfway houses shall be permitted in the MU Zone by conditional
use, subject to the following criteria:
A.
A halfway house must be licensed where required by an appropriate
government agency(ies) and shall be in compliance with all applicable
rules and regulations of the licensing body(ies). A copy of any required
license must be delivered to the Township prior to beginning the use.
B.
A halfway house shall be directly affiliated with a parent institution
or organization, which shall provide full-time supervision and administration
to the residents of the house.
C.
A common cooking and eating area must be provided; no cooking or
dining facilities shall be provided in individual rooms or suites.
D.
The residents of the halfway house shall reside on the premises to
benefit from the services provided.
E.
The halfway house shall not be located within 1,000 feet of any religious
structure, public recreation facility, school facility, day-care center
or public library.
F.
The halfway house shall not be located within 1,000 feet of another
halfway house.
G.
Each conditional use application shall be accompanied by a statement
describing the following:
(1)
The composition of the halfway house;
(2)
The policies and goals of the halfway house and the means proposed
to accomplish those goals;
(3)
The characteristics of the residents and number of residents to be
served;
(4)
The operating methods and procedures to be used; and
(5)
Any other facts relevant to the proposed operation of the halfway
house.
H.
Any use permit granted for the halfway house shall be bound to the
type and number of offenders listed on the application. Any change
in the type or number of offenders being housed shall require a new
hearing before the Board of Supervisors.
Within the C-2 Zone, home improvement and building supply stores
are permitted by conditional use, subject to the following criteria:
A.
If the subject property contains more than two acres, it shall front
along an arterial or collector road.
B.
The retail sales area shall be all areas open for public display,
including but not limited to shelves, racks, bins, stalls, tables,
and booths, plus any adjoining aisles or walkways from which consumers
can inspect items for sale. The retail sales area shall include both
interior and exterior areas as listed above.
C.
Off-street parking shall be provided at the rate of one space for
each 200 square feet of interior retail sales area, plus one space
for each 500 square feet of exterior retail sales area.
D.
All exterior retail sales areas shall include a dust-free surface.
E.
All exterior storage and retail sales areas (exclusive of nursery
and garden stock) shall be screened from adjoining residential properties.
F.
The applicant shall furnish expert evidence that any exterior amplified
public address system and/or exterior lighting has been arranged and
designed so as to prevent objectionable impact off the site.
G.
Any drilling, cutting, sawing, mixing, crushing or other preparation
of building materials shall be conducted within a completely enclosed
building.
In the C-1 and C-2 Zones, hospitals shall be permitted by conditional
use, subject to the following criteria:
A.
The facility operator shall meet all state and federal rules and
regulations for health-care facilities.
B.
All applicants shall provide evidence that the hospital will be conducted
in a manner that will not be detrimental to neighboring property owners.
C.
Minimum lot area: five acres.
D.
Minimum street frontage: 300 feet.
E.
Public sewer and public water shall be used.
F.
The subject property shall have frontage along an arterial or collector
street.
G.
All height, area, setback and coverage standards within the underlying
district shall apply.
H.
Emergency entrances shall be located on a building wall facing away
from adjoining residentially zoned or utilized properties.
I.
A traffic study shall be submitted by the applicant in accordance with Chapter 372, Subdivision and Land Development. The traffic study shall include at a minimum the following study elements:
(1)
A study of the internal traffic patterns in the off-street parking
area to ensure the safe movement of traffic for pedestrians and vehicles
and convenient access to the development and nearby areas.
(2)
A description of the location of bus stops to be conveniently accessible
for patrons traveling to and from the site by bus. The location for
a bus stop must be provided even if current bus service is unavailable.
The bus stop area shall include a shelter, seating, waste receptacle,
and shaded area.
J.
The institution shall submit a copy of its emergency operations plan
(EOP) to the Township Emergency Management Agency Coordinator. The
EOP shall include detailed information regarding solid, medical and
hazardous materials and waste handling, including a listing of all
medical and hazardous materials and wastes used and generated on site
and evidence indicating the disposal of all materials and wastes will
be accomplished in a manner that complies with state and federal regulations.
A.
Within the A, R-1, R-2, MU, U and C-1 Zones a house of worship and
related uses shall be permitted by right, subject to the following
criteria:
B.
Church-related residences (rectories and convents) shall be accessory,
and located upon the same lot or directly adjacent to a lot containing
a house of worship.
(1)
All residential uses shall be governed by the location, height and
bulk standards imposed upon other residences within the underlying
zone, except that any number of persons of a convent and/or seminary
may share group quarters.
C.
Church-related educational or day-care facilities:
(1)
All educational or day-care uses shall be accessory and located upon
the same lot as a house of worship.
(2)
If educational or day care is offered below the college level, an
outdoor play area shall be provided at a rate of 65 square feet per
individual enrolled. Off-street parking lots shall not be used as
outdoor play areas. Outdoor play areas be set back 25 feet from all
property lines. Outdoor play areas shall be screened from adjoining
residentially zoned or utilized properties. All outdoor play areas
must provide a means of shade, such as shade tree(s), pavilion(s),
or other shading devices.
(3)
Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
(4)
Passenger dropoff areas shall be provided and arranged so that passengers
do not have to cross traffic lanes on or adjacent to the site.
(5)
All educational or day-care uses shall be governed by the location,
height and bulk standards imposed upon principal uses within the underlying
zone unless otherwise provided in this section.
(6)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10.
Within the I Zone junkyards are permitted by conditional use,
subject to the following criteria:
A.
The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight-foot-high, sight-tight fence, which shall be
set back at least 50 feet from all property lines and 100 feet from
properties within the R-1, R-2, or MU Zone. A landscaped visual barrier
will be provided adjacent to a residential use or zone.
B.
The setback area between the fence and the lot lines shall be kept
free of weeds.
C.
All completely-enclosed buildings used to store junk shall be set
back at least 50 feet from all property lines.
D.
No material may be stored or stacked so that it is visible from adjoining
properties and roads.
E.
All federal and state laws shall be satisfied.
F.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water, and with no junk
piled to a height greater than eight feet.
G.
No materials shall be burned at any time.
H.
No junkyard shall be maintained in such a manner as to cause public
or private nuisance, nor to cause any offensive or noxious sounds
or odors, nor to cause the breeding or harboring of rats, flies or
other vectors.
I.
No junkyard shall be located on land with a slope in excess of 5%.
J.
All junked vehicles shall be emptied of fuel, oil and other petroleum
products, air-conditioning fluid, anti-freeze, and batteries.
Long-term-care nursing and personal-care facilities shall be
permitted by right in the C-1 and C-2 Zones, subject to the following
criteria:
A.
In addition to residential units (living and sleeping quarters with
or without kitchen facilities), the following accessory uses may be
provided for the exclusive use of residents and their guests:
C.
Minimum vegetative coverage shall be 40%.
D.
The applicant shall provide proof that all applicable state, county
and municipal licenses have been obtained.
Within the C-2 and I Zones, mini warehouses are permitted by
right, subject to the following criteria:
A.
Off-street parking spaces shall be provided at the rate of one space
per each 25 units, plus one per 250 square feet of office space, plus
two per any resident manager.
B.
If a manager/business office is established on the site, at least
four parking spaces must be provided adjacent to the office.
C.
The servicing or repair of stored equipment shall not be conducted
on the premises.
D.
No business activities, other than rental of storage units, shall
be conducted on the premises.
E.
The storage of flammable liquids, highly combustible or explosive
materials, or hazardous chemicals is prohibited.
F.
If a parking area is to be provided for the outdoor storage of recreational
vehicles, such parking shall be in addition to any required parking.
G.
All access drives, parking and loading areas must be paved and shall
be mud-free.
H.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when storage
units open onto one side of the lane only and at least 30 feet wide
when storage units open onto both sides of the lane.
I.
External storage area may be provided for the storage of privately-owned
travel trailers and/or boats, so long as such external storage area
is screened from adjoining land within the R-1, R-2, or MU Zone and
adjoining roads and is located behind the minimum front yard setback
line.
J.
A manager, who shall be responsible for maintaining its operation
in conformance with the conditions of approval and all applicable
ordinances, must be located within 25 miles of the facility. A sign
containing the manager's contact information must be prominently posted
on the property. If a dwelling is provided on site for a resident
manager, it must comply with all provisions listed within the Low
Density Residential (R-1) District and shall be entitled to all residential
accessory uses provided in this chapter.
[Amended 6-8-2019 by Ord.
No. 2019-02]
K.
Auctions or garage sales are prohibited.
L.
Commercial, wholesale or retail sales are prohibited.
Motels or hotels (including conference centers) shall be permitted
in the C-1 or C-2 Zone by right, subject to the following criteria:
A.
Minimum lot area shall comply with the underlying zoning district.
B.
All buildings and structures shall be set back a minimum of 30 feet
from any lot line.
C.
A landscape plan shall be required, prepared by a landscape architect
licensed by the Commonwealth of Pennsylvania. All areas of the development
not covered by impervious surfaces shall be landscaped and maintained
with suitable ground cover and plants. Existing vegetation is encouraged
to be preserved.
(1)
When deemed necessary by the governing body, earthen berms shall
be incorporated into the landscape plan along public street frontage
and along property lines abutting existing dwellings.
(2)
Landscaped areas shall be continually maintained. Care, grooming
and replacement of dead plants shall be included as part of the required
maintenance.
A no-impact home-based business shall be permitted in all residential
zones and in any nonconforming residential use in a nonresidential
zone in accordance with the following requirements, except that such
accessory use shall not supersede any deed restriction, covenant or
agreement restricting the use of land, nor any master deed, bylaw
or other document applicable to a common-interest-ownership community.
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
Noncommercial keeping of livestock shall be permitted as an
accessory use in the A Zone, subject to the following specific criteria:
A.
The following lists minimum setbacks (from all property lines) imposed
upon the placement of any structure used to house noncommercial livestock.
Should one structure be used to house a combination of animal types,
the most restrictive setback shall apply:
B.
All structures used to house noncommercial livestock shall be prohibited
from placement in the front yard.
C.
All outdoor pasture/recreation areas shall be enclosed with fencing
to prevent the escape of the animals.
D.
All manure management practices and operations shall comply with
the provisions set forth in the Pennsylvania Nutrient Management and
Odor Management Act, as amended.
E.
All animals, their housing, and their outdoor pasture/recreation
areas shall be maintained so as not become a nuisance to adjoining
properties.
[Amended 12-1-2018 by Ord. No. 2018-06; 3-7-2020 by Ord. No. 2020-02]
Within the C-2 and I Zones, casinos and gambling facilities
are permitted by conditional use, subject to the following criteria:
A.
A casino or gambling facility shall not be permitted to be located
within 5,000 feet of any other casino or gambling facility.
B.
No casino or gambling facility shall be located within 500 feet of
any land within the R-1, R-2 or MU Zone.
C.
No casino or gambling facility shall be located within 500 feet of
any building being used for any one or more of the following specified
uses existing at the time of the submission of the conditional use
application:
D.
The distance between two casinos or gambling facilities shall be
measured in a straight line, without regard to intervening structures,
from the closest point on the exterior wall of the principal building
of each establishment. The distance between any casinos or gambling
facilities and any land use specified above shall be measured in a
straight line, without regard to intervening structures, from the
closest point on the exterior wall of the casino or gambling facility
to the closest point on the exterior wall of the principal building
of said property.
E.
No more than one casino or gambling facility may be located within
one building or shopping center.
F.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, light and/or litter.
G.
The applicant shall furnish expert evidence as to how the use will
be controlled so as to not constitute a nuisance due to noise or loitering
outside the building.
H.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
I.
Off-street parking shall be provided at the rate of one space per every two live gaming seats and one space per every employee on the largest shift. Any permitted accessory use contained within the boundaries of the property owned by or leased as a casino or gambling facility (see § 430-62K) shall provide additional off-street parking per the requirements of § 430-29 of this chapter. Bus area parking and circulation shall not conflict with automobile circulation and spaces.
J.
In addition to the requirements of this chapter, all casinos and
gambling facilities, and any permitted accessory uses, shall comply
with all applicable statutes, rules and regulations of the Commonwealth
of Pennsylvania, including, but not limited to, those related to the
gaming industry.
K.
The following uses are permitted accessory uses to a casino and/or
gambling facility, which accessory uses must be contained within the
boundaries of the property owned or leased as a casino or gambling
facility and shall not affect adjacent leaseholds or parcels, and
shall be specifically approved as part of the principal use's conditional
use application:
(1)
Restaurant, cafe, bar and other establishment serving food and/or
alcoholic beverages.
(2)
Off-track betting/wagering.
(3)
Boutique retail with a maximum of 1,500 square feet of floor space
per individual retail use.
(4)
Personal-service establishments with a maximum of 1,500 square feet
of floor space per individual personal-service use.
(6)
Theater.
(8)
Structured parking.
Within the I Zone, principal waste-handling facilities are permitted
by conditional use, subject to the following criteria:
A.
Any processing and/or treatment of waste (including but not limited
to incineration, composting, steaming, shredding, compaction, material
separation, etc.) shall be conducted within a wholly enclosed building.
B.
No waste shall be deposited, stored or disposed of, and no building
or structure shall be located, within 500 feet of any property line.
C.
Any external area used for the unloading, transfer, storage, or deposition
of waste must be completely screened from view at the property line.
The use of an earthen berm is encouraged where practicable. In addition,
such areas must also be completely enclosed by an eight-foot-high
fence, with no opening greater than two inches in any direction.
D.
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable state and federal standards
and regulations.
E.
The use shall be screened from all adjoining properties.
F.
All uses shall provide sufficiently-long stacking lanes into the
facility, so that vehicles waiting to be weighed and/or unloaded will
not back up onto public roads.
G.
All access drives on the site shall be completely paved for a distance
of at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, then a fifty-foot-long
gravel section of driveway shall be placed just beyond the preceding
200-foot paved section to help collect any mud that may have attached
to a vehicle's wheels. The operator shall be responsible for the removal
of any dirt/mud deposited on the public right-of-way.
H.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against indiscriminate and
unauthorized dumping, all areas of the site shall be protected by
locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
I.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted
to the Township.
J.
The unloading, processing, treatment, transfer and disposal of waste
shall be continuously supervised by a qualified facility operator.
K.
Any waste that is to be recycled shall be stored in leakproof and
vectorproof containers. Such containers shall be designed to prevent
their contents being carried by wind or water. These containers shall
be stored within a completely enclosed building.
L.
All storage of waste shall be indoors in a manner that is leakproof
and vectorproof. During normal operation, no more waste shall be stored
on the property than is needed to keep the facility in constant operation,
but in no event for more than 24 hours.
M.
A contingency plan for the disposal of waste during a facility shutdown
shall be submitted to the Township.
N.
Leachate from the waste shall be disposed of in a manner in compliance
with any applicable state and federal laws or regulations. If leachate
is to be discharged to a municipal sewage facility, pretreatment may
be required and appropriate permits shall be obtained from the applicable
agencies and authorities. In no event shall leachate be disposed of
in any manner inconsistent with the Department of Environmental Protection's
regulations.
O.
All structures shall be set back at least a distance required by
the underlying zoning district or equal to their height, whichever
is greater.
P.
The applicant shall submit an analysis of raw water from either private
or public sources, indicating the quantity of water required. The
applicant will provide a letter indicating that the public or private
source will provide the water needed. In addition, if the facility
is to rely upon nonpublic sources of water, appropriate permits will
be required (i.e., Township, DEP and SRBC). A water feasibility study
shall be provided to enable the Township to evaluate the impact of
the proposed construction on the groundwater supply and on existing
wells. The purpose of the study will be to determine if there is an
adequate supply of water for the proposed construction and to estimate
the impact of the new construction on existing wells in the vicinity.
The water feasibility shall be reviewed by the Township Engineer.
(1)
A water system which does not provide an adequate supply of water
for the proposed construction, considering both quantity and quality,
or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed construction, shall not be approved
by (municipality).
(2)
A water feasibility study shall include the following information:
(a)
Calculations of the projected water needs.
(b)
A geologic map of the area with a radius of at least one mile
from the site.
(c)
The location of all existing and proposed wells within 1,000
feet of the site, with a notation of the capacity of all high-yield
wells.
(d)
The location of all existing on-lot sewage disposal systems
within 1,000 feet of the site.
(e)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution.
(f)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined.
(g)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams,
and the groundwater table.
(h)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
Q.
The applicant shall provide a qualified traffic impact report, as described in Chapter 372, Subdivision and Land Development.
R.
A minimum 100-foot-wide landscape strip shall be located along all
property lines. No structures, storage, parking or any other related
activity or operation shall be permitted within this landscape strip.
Any fences or other screening erected on the site, must not be located
within this landscape strip.
S.
The applicant shall furnish expert testimony regarding emergency
preparedness measures provided and/or otherwise available to respond
to potential hazards regarding the spill or waste materials during
transport and potential hazards regarding firefighting of waste materials
upon the site.
T.
No principal waste-handling facility shall be located within one
mile of another, as measured in a straight line between closest property
lines.
U.
Maximum building height: 35 feet.
V.
Maximum height of fill: 50 feet.
W.
A plan for the restoration of all borrow areas shall be submitted
for approval.
X.
The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
Private and public, primary and secondary schools are permitted
in the R-1 and R-2 Zones by conditional use and in the U, MU and C-1
Zones by right, all subject to the following:
A.
An outdoor play area shall be provided, at a rate of 65 square feet
per individual enrolled. Off-street parking lots shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a minimum four-foot-high
fence and screened from adjoining land within the R-1, R-2, or MU
Zones. Any vegetative materials located within the outdoor play areas
shall be of a nonharmful type (poisonous, thorny, allergenic, etc.).
All outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s).
B.
Enrollment shall be defined as the largest number of students under
educational supervision at any one time during a seven-day period.
C.
Passenger dropoff areas shall be provided and arranged so that passengers
do not have to cross traffic lanes on or adjacent to the site.
D.
All educational uses shall be governed by the height and bulk standards
imposed upon principal uses within the underlying zone
F.
Minimum street frontage: 100 feet.
G.
Maximum building coverage: 30%.
H.
Maximum lot impervious coverage: 70%.
I.
Minimum vegetative coverage: 30%.
J.
All off-street parking shall be set back at least 25 feet and screened
from adjoining property lines.
K.
No part of the school property shall be located within 1,000 feet
of a property containing an adult-related facility.
L.
The Board of Supervisors shall decide the appropriateness of the
design of parking, lighting and similar features of the proposed use
to minimize adverse impacts on adjacent properties.
M.
Existing trees and vegetation shall be preserved to the extent possible
to keep the area natural.
[Added 2-4-2017 by Ord.
No. 2017-01]
A.
Accessory solar energy systems (ASES).
(1)
Regulations applicable to all ASES.
(a)
ASES that have a maximum power rating of not greater than 15kW shall be permitted as a use by right in all zoning districts. ASES that have a power rating greater than 15kW shall comply with the requirements of Subsection B, Principal solar energy systems.
(b)
Exemptions.
[1]
ASES with an aggregate collection and/or focusing area of 10
square feet or less are exempt from this chapter.
[2]
ASES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this chapter.
Any physical modification to an existing ASES, whether or not existing
prior to the effective date of this section that materially alters
the ASES, shall require approval under this chapter. Routine maintenance
or like-kind replacements do not require a permit.
(c)
Permit requirements.
[1]
Land use permit applications shall document compliance with
this section and shall be accompanied by drawings showing the location
of the system on the building or property, including property lines.
Permits must be kept on the premises where the ASES is constructed.
[2]
The permit shall be revoked if the ASES, whether new or preexisting,
is moved or otherwise altered, either intentionally or by natural
forces, in a manner which causes the ASES not to be in conformity
with this chapter.
[3]
The ASES must be properly maintained and be kept free from all
hazards, including but not limited to faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety
or general welfare. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice, specifying
the violation, to the owner of the ASES to conform or to remove the
ASES.
(d)
Decommissioning.
[1]
Each ASES and all solar-related equipment shall be removed within
12 months of the date when the use has been discontinued or abandoned
by the system owner and/or operator, or upon termination of the useful
life of same.
[2]
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
[3]
The ASES owner shall, at the request of the Township, provide
information concerning the amount of energy generated by the ASES
in the last 12 months.
(2)
Roof-mounted and wall-mounted ASES:
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(b)
ASES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for principal and accessory
buildings within each of the underlying zoning districts.
(c)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof
edge.
(e)
Roof-mounted solar panels shall be located only on rear or side-facing
roofs as viewed from any adjacent street, unless the applicant demonstrates
that, due to solar access limitations, no location exists other than
the street-facing roof where the solar energy system can perform effectively.
(f)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code[1] and adopted building code of the Township and that the
roof or wall is capable of holding the load imposed on the structure.
[1]
Editor's Note: See Act 45 of 1999 (35 P.S. §§ 7210.101
to 7210.1103),
(3)
Ground-mounted ASES.
(b)
Height. Freestanding ground-mounted ASES shall not exceed the
maximum accessory structure height in the underlying zoning district.
(c)
Impervious coverage.
[1]
The area beneath the ground-mounted ASES is considered pervious
cover. However, use of impervious construction materials under the
system could cause the area to be considered impervious and subject
to the impervious surfaces limitations for the applicable zoning district.
[2]
The applicant shall submit a stormwater management plan that
demonstrates compliance with the municipal stormwater management regulations.
(e)
Appropriate safety/warning signage concerning voltage shall
be placed at ground mounted electrical devices, equipment and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(f)
Ground mounted ASES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
B.
Principal solar energy systems (PSES).
(1)
Regulations applicable to all PSES.
(a)
PSES shall be permitted as a conditional use in the Agricultural/Open
Space (A), General Commercial (C-2) and Industrial (I) Zoning Districts.
(b)
Exceptions.
[1]
PSES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this chapter.
Any physical modifications to an existing PSES, whether or not existing
prior to the effective date of this section, that materially alters
the PSES shall require approval under this chapter. Routine maintenance
or like-kind replacements do not require a permit.
(c)
Permit requirements.
[1]
PSES shall comply with Chapter 372, Subdivision and :and Development, requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes and regulations.
[2]
The PSES owner and/or operator shall repair, maintain and replace
the PSES and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
PSES in good repair and operating condition.
(d)
No trees or other landscaping otherwise required by the municipal
ordinances or attached as a condition of approval of any plan, application
or permit may be removed for the installation or operation of a PSES.
(e)
The PSES owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Township. The PSES owner and/or operator shall
make reasonable efforts to respond to the public's inquiries and complaints.
(f)
Decommissioning.
[1]
The PSES owner and/or operator is required to notify the Township
immediately upon cessation or abandonment of the operation. The PSES
shall be presumed to be discontinued or abandoned if no electricity
is generated by such system for a period of 12 continuous months.
[2]
The PSES owner shall then have 12 months in which to dismantle
and remove the PSES, including all solar-related equipment or appurtenances
related thereto, including but not limited to buildings, cabling,
electrical components, roads, foundations and other associated facilities,
from the property. If the owner fails to dismantle and/or remove the
PSES within the established time frames, the Township may complete
the decommissioning at the owner's expense.
[3]
At the time of issuance of the land use permit for the construction
of the PSES, the owner shall provide financial security in a form
and amount acceptable to the Township to secure the expense of dismantling
and removing said PSES and restoration of the land to its original
condition, including forestry plantings of the same type/variety and
density as the original.
(2)
Ground-mounted PSES:
(a)
Minimum lot size. The PSES shall meet the lot size requirements
of the underlying zoning district.
(b)
Setbacks. PSES shall comply with the setbacks of the underlying
districts for principal structures.
(c)
Height. Ground-mounted PSES shall comply with the building height
restrictions for principal structures of the underlying zoning district.
(d)
Impervious coverage.
[1]
The area beneath the ground-mounted PSES is considered pervious
coverage. However, use of impervious construction materials under
the system could cause the area to be considered impervious and subject
to the impervious surfaces limitations for the applicable zoning district.
[2]
The applicant must submit a stormwater management plan that
demonstrates compliance with the municipal stormwater management regulations.
(f)
Ground-mounted PSES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
(g)
Security.
[1]
All ground-mounted PSES shall be completely enclosed by a minimum
eight-foot-high fence with a self-locking gate.
[2]
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the PSES, informing individuals of potential voltage hazards.
(h)
Access.
[1]
At a minimum, a 25-foot-wide access road must be provided from
a state or Township roadway into the site.
[2]
At a minimum, a 20-foot-wide cartway shall be provided between
the solar arrays to allow access for maintenance and emergency vehicles,
including fire apparatus and emergency vehicles. Cartway width is
the distance between the bottom edge of a solar panel to the top edge
of the solar panel directly across from it.
(i)
The ground-mounted PSES shall not be artificially lighted except
to the extent required for safety or applicable federal, state or
local authority.
(j)
If a ground-mounted PSES is removed, any earth disturbance resulting
from the removal must be graded and reseeded.
(3)
Roof- and wall-mounted PSES.
(a)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code[2] and all building codes adopted by the Township and that
the roof or wall is capable of holding the load imposed on the structure.
[2]
Editor's Note: See Act 45 of 1999 (35 P.S. §§ 7210.101
to 7210.1103),
(b)
PSES mounted on the roof or wall of any building shall be subject
to the maximum height regulation of the underlying zoning district.
(c)
Wall-mounted PSES shall comply with the setbacks for principal
structures in the underlying zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof
edge.
C.
All solar energy systems (ASES and PSES).
(1)
The layout, design, installation and ongoing maintenance shall conform
to applicable industry standards, such as those of the American National
Standards Institute (ANSI), Underwriters Laboratories (UL), the American
Society for Testing and Materials (ASTM), Institute of Electrical
and Electronics Engineers (IEEE), Solar Rating and Certification Corporation
(SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy
Center (FSEC) or other similar certifying organizations, and shall
comply with the Pennsylvania Uniform Construction Code[3] as enforced by Shippensburg Township, and with all other
applicable fire and life safety requirements. The manufacturer specifications
for the key components of the system shall be submitted as part of
the application. Upon completion of installation, the solar energy
system shall be maintained in good working order in accordance with
standards of the Shippensburg Township codes under which the solar
energy system was constructed. Failure of the property owner to maintain
the solar energy system in good working order is grounds for appropriate
enforcement actions by Shippensburg Township in accordance with applicable
ordinances.
[3]
Editor's Note: See Act 45 of 1999 (35 P.S. §§ 7210.101
to 7210.1103),
(2)
Solar energy system installers must certify they are listed as a
certified installer on the Pennsylvania Department of Environmental
Protection's (DEP) approved solar installer list or that they meet
the criteria to be a DEP-approved installer by meeting or exceeding
one of the following requirements:
(a)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully installed
a minimum of three PV systems.
(c)
For residential applications of ASES only, a registered home
improvement contractor with the Pennsylvania Attorney General's office.
(3)
All on-site utilities, transmission lines, and plumbing shall be
placed underground to the extent feasible.
(4)
The owner of a grid-connected ASES and of all PSES shall provide
Shippensburg Township written confirmation that the public utility
company to which the solar energy system will be connected has been
informed of the customer's intent to install a grid-connected system
and has approved of such connection. Off-grid systems shall be exempt
from this requirement.
(5)
No portion of the solar energy system shall contain or be used to
display advertising. The manufacturer's name and equipment information
or indication of ownership shall be allowed on any equipment of the
solar energy system, provided they comply with the prevailing sign
regulations.
(6)
Glare.
(a)
All solar energy systems shall be placed such that concentrated
solar radiation or glare does not project onto nearby structures or
roadways.
(b)
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(7)
Solar easements.
(a)
Where a subdivision or land development involves the use of
solar energy systems, solar easements may be provided. Said easements
shall be in writing and shall be subject to the same conveyance and
instrument recording requirements as other easements.
(b)
Any such easements shall be appurtenant, shall run with the
land benefited and burdened, and shall be defined and limited by conditions
stated in the instrument of conveyance. Instruments creating solar
easements shall include, but not be limited to:
[1]
A description of the dimensions of the easement, including vertical
and horizontal angles measured in the degrees or the hours of the
day on specified dates, during which direct sunlight to a specified
surface or structural design feature may not be obstructed;
[2]
Restrictions on the placement of vegetation, structures and
other objects which may impair or obstruct the passage of sunlight
through the easement;
[3]
Enumerate the terms and conditions, if any, under which the
easement may be revised or terminated;
[4]
Explain the compensation for the owner of the real property
subject to the solar easement for maintaining the easement and for
the owner of the real property benefiting from the solar easement
in the event of interference with the easement.
(c)
If required, a solar energy system owner and/or operator must
obtain any solar easements necessary to guarantee unobstructed solar
access by separate civil agreement(s) with adjacent property owner(s).
(8)
Prior to the issuance of a land use permit, applicants must acknowledge
in writing that the issuance of said permit for a solar energy system
shall not and does not create in the property owner, its, his, her
or their successors and assigns in title, or create in the property
itself:
Within the I Zone solid waste processing and/or disposal facilities
shall be permitted by conditional use, subject to the following criteria:
A.
The applicant shall obtain any required permit or permits from the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
or any successor agency thereto, and shall present such permit or
permits to the Zoning Hearing Board.
B.
The applicant shall present duplicate sets of plans, specifications,
applications and supporting data that have been or shall be presented
to the Department of Environmental Protection for review to the Zoning
Hearing Board. If a special exception is granted, the operator shall
continue to present such documentation to the Township when it is
submitted to the Pennsylvania Department of Environmental Protection.
C.
Operation of the facility shall at all times comply with all applicable
state and federal statutes and regulations. This shall include, but
not be limited to, the Municipal Waste Planning, Recycling and Waste
Reduction Act or any subsequent amendment or enactment of the Pennsylvania
General Assembly regulating waste recycling and recovery and the regulations
of the Department of Environmental Protection implementing such statutes.
D.
The minimum lot area shall be 50 acres for solid waste disposal facilities
and 10 acres for solid waste processing facilities.
E.
A fence measuring eight feet high shall enclose the facility. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the facility, with plantings at least 36 inches high and placed in a double-staggered row with not less than five feet on center between plants. The vegetation shall be evergreen and of a variety to obtain a height of at least eight feet at maturity. All screening shall be in accordance with Chapter 372, Subdivision and Land Development, and buffer yards required shall be in accordance with this chapter. The use shall be screened completely from normal view.
F.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use. In
order to fulfill this requirement, the applicant shall submit to the
Zoning Hearing Board a hydrogeologic study performed by a qualified
hydrogeologist or other similar professional. Such study shall be
prepared in accordance with accepted hydrogeological standards and
practices; shall contain the sources of all test data, including but
not limited to wells evaluated as a part of the study; and shall clearly
set forth the conclusions and recommendations of the professional.
G.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health,
safety and welfare, access drives shall be secured by fences, gates,
locks or other means to deny access at unauthorized times.
H.
Vehicular access shall be designed as to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
I.
Sufficiently long vehicle-stacking lanes (inspected and approved
by the Township Engineer) into the facility shall be provided so that
vehicles waiting to be weighed will not back onto public roads.
J.
All driveways onto the site shall be paved to a cartway width of
35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a 100-foot-long crushed stone section of access
drive shall be placed just beyond the preceding 200-foot paved section
to help collect any mud that may be attached to a vehicle's wheels.
The owner and/or operator shall be responsible for removing any mud
from public roads caused by persons traveling to and from the site.
K.
The applicant shall provide an analysis, prepared by a professional
engineer experienced in the field of traffic analysis, of the physical
conditions of the primary road system serving the site.
L.
A traffic study shall be required in accordance with Chapter 372, Subdivision and Land Development, to demonstrate improvements to Township or state roads which shall be required in order to serve the proposed use or to alleviate the direct impacts of the proposed use upon the traffic network. The applicant shall make such improvements and/or provide or guarantee financial security in an amount sufficient to cover the cost of such improvement.
M.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by all governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
N.
The operator shall provide the Township with copies of any notices
of violation received from the Department of Environmental Protection
or U.S. Environmental Protection Agency within two weeks from the
date such notice of violation was received by the operator.
O.
The applicant shall submit an operating schedule to the Township
for review by the Zoning Officer.
P.
Litter control measures shall be implemented to prevent scattering
of materials, and a plan for the cleanup of litter shall be submitted
to the Zoning Officer or other authorized municipal official.
Q.
All municipal waste awaiting recycling or resource recovery shall
be stored within an enclosed area bounded by solid walls or fences.
R.
A 300-foot setback shall be maintained from all property lines during
the operation of the recycling or resource recovery facility, within
which recycling or resource recovery activities shall be permitted.
S.
No structures or parking areas shall be located closer than 300 feet
to any property line.
T.
Where screening, plantings or fencing has been installed, such screening,
plantings and fencing shall be permanently maintained. All required
plant materials which die shall be promptly replaced in accordance
with recognized nursery standards. All fencing shall be maintained
in good repair.
U.
The unloading, transfer and disposition of materials shall be continuously
supervised by a qualified facility operator. Vibrations and emissions
into the air shall not be permitted outside the property. All regulations
relating to the control of noise shall be observed.
In addition to the other design requirements of this chapter
relative to a specific type of dwelling unit, any student housing
proposal in any zone shall also be subject to the following regulations:
A.
All parking spaces shall be located no further than 200 feet from
the dwelling unit they are intended to serve.
B.
No basement units shall be permitted.
C.
A minimum of 20% of the net lot area shall be set aside as permanent
open space. No portion of this required open space shall be utilized
for stormwater management purposes. Said open space shall also be
exclusive of any wetlands, steep slope, one-hundred-year floodplain,
and public right-of-way.
D.
Property manager.
[Amended 6-8-2019 by Ord.
No. 2019-02]
(1)
For all student housing properties containing 12 or fewer rental
units, a twenty-four-hour property manager shall be required to reside
within 10 miles of the premises. Current contact information must
be provided to the Township and must be updated as required.
(2)
For all student housing complexes containing more than 12 rental
units, a twenty-four-hour property manager shall be required to reside
on the premises.
Within the I Zone truck stops or motor freight terminals are
permitted by conditional use, subject to the following criteria:
A.
The subject property shall have a minimum of 300 feet of road frontage
along an arterial road.
B.
The subject property shall be located no closer than 1,500 feet from
an R-1, R-2, or MU Zone and/or property containing a school, day-care
facility, park, playground, library, hospital, or nursing, rest or
retirement home.
C.
Air compressors, fuel pump islands and kiosks and other structures
may be within 15 feet of the street right-of-way line.
D.
All access drives onto the same road shall be at least 150 feet from
one another, as measured from closest points of cartway edges.
E.
Off-street parking shall be provided at a rate equal to that required
for each of the respective uses. The applicant shall also present
credible evidence that the number of oversized off-street parking
spaces provided for trucks will be adequate to accommodate the expected
demand generated by truck patrons.
F.
Trash receptacles shall be provided amid off-street parking areas,
which shall be routinely emptied. Furthermore, a working plan for
the regular cleanup of litter shall be furnished and continuously
implemented by the applicant.
G.
All uses involving drive-thru restaurant and/or drive-thru vehicle
service and/or washing shall provide sufficient on-site stacking lanes
to prevent vehicle backups on adjoining roads.
H.
All vehicle service and/or repair activities shall be conducted within
a completely enclosed building. No outdoor storage of parts, equipment,
lubricants, fuels or other materials used or discarded in any service
or repair operations shall be permitted.
I.
The outdoor storage of unlicensed vehicles is prohibited.
J.
All vehicles and machinery shall be repaired and removed from the
premises promptly.
K.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles and/or parts thereof shall be removed within two
weeks after arrival.
L.
Any exterior public address system shall be designed and operated
so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at
each of the property lines.
M.
The applicant shall submit a traffic impact report as governed by Chapter 372, Subdivision and Land Development, of this Code.
N.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable state and federal regulations. In addition, the
applicant shall prepare, present and abide by an emergency response
plan to handle hazardous material spills and any other reasonable
threat to public health or safety.
O.
Minimum lot size is 10 acres.
Within the I Zone warehousing and wholesale trade establishments
are permitted by conditional use, subject to the following criteria.
A.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
(1)
The nature of the on-site activities and operations, the types of
materials stored, the frequency of distribution and restocking, the
duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations;
(2)
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, the total number
of employees on each shift, and an overall needed site size;
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts. The applicant shall
further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinance, including but not limited to those listed in this chapter.
B.
A traffic impact report prepared by a professional traffic engineer, according to Chapter 372, Subdivision and Land Development, of this Code; and
C.
Minimum lot size is one acre.
[Added 11-5-2016 by Ord.
No. 2016-05]
Wireless communications facilities (WCF), as defined herein, are permitted by right or by conditional use in all zoning districts in accordance with the standards set forth in Chapter 408, Wireless and Radio Communications, of this Code, as amended.
