A. This article establishes supplemental controls for uses requiring
special design considerations to ensure compatibility with other uses
permitted within a zoning district. The following regulations shall
apply to all zoning districts in which the particular use being regulated
is permitted. The provisions of this article shall be in addition
to the standards established by the applicable zoning district, conditional
use, or special exception procedures where applicable, and any applicable
section of this chapter or other chapters, codes or ordinances.
B. Uses specifically regulated in this article include the following:
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Accessory uses, buildings, and structures
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Adaptive reuse of a historic structure
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(Reserved)
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Adult-oriented establishments and uses
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Agricultural/farming uses
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Antique store in a historic resource
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Automobile sales and service
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Bank or other financial institution
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Bed-and-breakfast lodging in a historic resource
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Cemetery
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Child/adult day-care center
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Club or lodge
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Communication towers and antennas
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Convenience store
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Reserved
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Drive-through service
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Eating and drinking establishment (without drive-through service)
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Educational use or place of worship use/activity
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Gasoline or service station
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Event space [Added 11-20-2019 by Ord.
No. 2019-11-20-1]
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Group home
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Helipad, private
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Home occupations
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Hospital
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Hotel, motel, or inn
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Industrial or office park
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Junkyard or salvage yard
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Mechanical repair or fabrication shop
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Mixed use
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Mobile home park
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Multifamily dwellings
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Nursing home/long-term living facility, assisted-living facility/personal
care home, or retirement community
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Recreational use
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Recycling collection center/recycling processing facility
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Residential conversion of a historic resource
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Self-storage/mini-warehouse
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Shopping center and retail uses of 3,000 square feet or greater
floor area
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Single professional office in a historic resource
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Temporary structure or use
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Timber harvesting operation/forestry
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Transfer station, trash
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Transitional housing
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Veterinary clinic and/or kennel
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Solar energy systems
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A. General.
[Amended 3-19-2014 by Ord. No. 2014-3-19-1; 4-20-2016 by Ord. No. 2016-04-20-1]
(1)
The uses, buildings and structures listed in this section are
accessory and shall be incidental and subordinate to the principal
use on the tract or lot.
(2)
Accessory uses, buildings and structures in §
162-2002C and
D shall be:
(a)
Located on the same tract or lot as the principal use;
(b)
Located in the side or rear yard of the lot; and
(c)
Located no further forward on the tract or lot than the front
building line of the principal building.
(d)
On lots having a lot area of more than one acre, the maximum
ground floor area for the sum of all accessory buildings shall be
600 square feet.
(e)
On lots having a lot area of one acre or less, the maximum ground
floor area for the sum of all accessory buildings shall be 500 square
feet.
(3)
Accessory uses, buildings and structures shall have a minimum
setback of 10 feet from the side and rear lot lines on lots having
a lot area of one acre or less; and 25 feet from the side and rear
lot lines on lots having a lot area of more than one acre, except:
(a)
Agricultural/farming accessory uses, buildings, and structures, as per §
162-2002B, below.
(b)
Active residential accessory uses, such as tennis courts and
swimming pools shall meet the minimum yard area standards for the
principal use in the applicable underlying district in which the use
is located; but in no case shall an active residential use or structure,
including indoor or outdoor tennis courts and swimming pools, be located
less than 50 feet from any lot line.
(c)
Active recreational accessory uses shall not be located within 10 feet of any existing or proposed on-site sewage absorption area. Active recreational accessory uses shall be screened from view from adjacent residential lots and specifically lighting facilities for the accessory use shall be hooded and screened to prevent glare and light impingement on neighboring properties and facilities designed so that they shall not interfere with the use or enjoyment of any neighboring residential property and shall follow applicable requirements in Article
XIX.
(d)
Commercial, Institutional, and Industrial accessory uses, buildings, and structures, as per §
162-2002D, below.
(e)
No portion of a detached accessory building, regardless of size,
shall be located closer than 10 feet to the principal building. If
located closer than 10 feet, the accessory building shall be considered
an addition to the principal building and shall meet all applicable
setbacks for the principal building.
(4)
Accessory uses, buildings, or structures shall have a maximum
height of 15 feet, except as otherwise stated in this chapter.
(5)
For properties with individual on lot sewage systems, no accessory
uses, buildings and structures shall be constructed within the primary
or the separate replacement sewage system area or within the same
setbacks (with respect to buildings, wells, etc.) as specified for
primary septic systems. The property owner or lessee shall demonstrate
to the satisfaction of the Township that accessory uses, buildings
and structures comply with this requirement. At the sole discretion
of the Township, the owner or lessee may be required to provide quantitative
proof in the form of soil testing or other data for the primary and/or
the secondary septic site that the requirements of this chapter have
been met. Failure to comply with this requirement could result in
the owner or lessee being required to remove the accessory uses, buildings
and structures at their own expense.
B. Agricultural/farming accessory uses, buildings, and structures. The following uses, buildings and structures shall be permitted when incidental and subordinate to a principal agricultural/farming use and when located on the same lot or tract as that principal use. A principal agricultural/farming use shall mean that the use shall be an agricultural operation as defined in Article
II.
[Amended 4-20-2016 by Ord. No. 2016-04-20-1]
(1)
Minimum yard setbacks shall be as specified in §
162-2006.
(2)
Storage of farm products and farm machinery.
(3)
Barns and stables sheltering livestock, poultry, and farm products.
(4)
Silos for storage of grain or other farm products which shall
be set back a distance equal to their height.
(5)
Preparation of agricultural products produced on the premises.
(6)
Garages and outbuildings.
(7)
Signs identifying the name of the farm in accordance with Article
XXI.
(8)
Residential accessory uses in accordance with §
162-2002C, below.
(9)
Display and sale of agricultural products. The display and sale
of agricultural products shall be permitted, provided that:
(a)
At least 50% of such products shall have been produced on the
property on which they are offered for sale. Such use shall be solely
undertaken by the owner or operator of the principal agricultural
use.
(b)
Parking spaces for at least three cars shall be provided behind
the roadway right-of-way line.
(c)
Sale of agricultural products shall be conducted from a temporary
stand dismantled at the end of the growing season or a permanent structure,
provided that such structure shall be at least 25 feet from any street
line, and shall be at least 50 feet from a side or rear yard lot line
abutting a residential use or district or a distance equal to their
height, whichever is greater. There may only be one such structure
per primary agricultural use.
(d)
Signs associated with the sale of farm products shall conform to the sign regulations in Article
XXI.
(10)
Secondary farm business. This accessory use allows for a secondary
source of income for a farmer and shall be allowed as a use solely
undertaken by the owner or operator of the agricultural use, so as
to promote the continuation of existing agricultural uses. This use
shall be in accordance with the following:
(a)
A maximum of one secondary farm businesses shall be allowed
per agricultural use.
(b)
A maximum of two employees shall be permitted in conjunction
with the secondary farm business in addition to family members or
farm laborers employed in the primary farm business.
(c)
Secondary farm family businesses may include, but are not limited
to the following:
[1] Veterinary offices which primarily serve farm animals,
stables, and supplies.
[2] Creation and sale of crafts.
[3] Creation of household articles, such as chairs,
cabinets, clocks, and similar carpentry type articles for use in the
home.
[4] Processing of locally produced agricultural products.
[6] Grain mills or portable grinding mills.
[9] By special exception, other similar uses to those
above listed uses.
C. Residential accessory uses, buildings, and structures. The following
uses, buildings and structures shall be permitted when incidental
and subordinate to a principal residential use and when located on
the same lot or tract as that principal use and when in compliance
with other applicable criteria of this chapter:
[Amended 3-19-2014 by Ord. No. 2014-3-19-1; 4-20-2016 by Ord. No. 2016-04-20-1]
(1)
Garage, driveway, or parking area for the parking of passenger
automobiles including noncommercial trucks and vans.
(2)
Temporary or nightly outdoor parking or storage of commercial vehicles. shall be limited to one vehicle per lot. Such vehicle shall be owned or operated by the resident of the lot and such vehicle shall not include signage or advertising, except for a logo or business name of no greater than a maximum of two square feet per vehicle. Commercial vehicles which display signage or advertising other than the permitted as listed above shall not be parked on the residential lot for more than a twenty-four-hour period during which period it shall be screened by view from the public right-of-way and adjacent residential lots by way of a 100% fencing or vegetative screening as per §
162-1908. All parking of vehicles, trailers or other conveyances with a gross vehicle weight rating of over 20,000 pounds is prohibited in all residential zoning districts and on property used for residential purposes.
(4)
Residential structures for such accessory uses as shelter for household pets, storage sheds, bathhouses, gazebos, decks, patios, tennis courts, flagpoles, stables, clothes lines, and private noncommercial greenhouses. [Stables shall comply with the setback requirements as per §
162-1916B(2).]
(5)
Windmills for residential energy use purposes by conditional
use, provided they receive a building permit, are installed to industry
standards, and such proof of appropriate and safe installation is
supplied to the Township upon request.
(6)
Uses designed to serve the residents of a residential development,
including areas for washing machines and dryers, lockers or storage
areas, recreational facilities and lounges.
(8)
Signs associated with the occupants of the dwelling in accordance with Article
XXI.
(9)
Home occupation (home based business and no-impact home-based business) in accordance with §
162-2024.
(11)
Noncommercial swimming pool subject to the following provisions:
(a)
Installation and fencing of swimming pools. Swimming pools shall
be installed and shall be enclosed by fencing in accordance with the
Township Building Code and with the applicable provisions in §
162-1915.
(b)
Setbacks. All setbacks shall be measured from the closest point
of a water surface.
(c)
Size and area limitations.
[1] Water surface area of in-ground pools, including
spas and hot tubs, shall not exceed 900 square feet.
[2] Water surface area of aboveground pools, including
spas and hot tubs, shall not exceed 300 square feet.
[3] A swimming pool and related apparatuses shall not
be located within 10 feet of any existing or proposed on-site sewage
absorption area.
(d)
Filling of pools.
[1] A public water supply system shall be utilized
for the initial filling of a pool at the commencement of each swimming
pool season, provided that such a system is available at the property
line.
[2] If a public water supply system is not available
for the initial filling, water shall be supplied from a source off-premises.
Private on-site wells shall not be utilized.
(e)
Discharge of pool wastewater.
[1] Pool wastewater shall be discharged into a public
sewage system, if available.
[2] If a public sewage system is not available, pool
wastewater shall be disposed of in accordance with guidelines issued
from time to time by the Pennsylvania Department of Environmental
Protection. In no event shall pool wastewater be discharged directly
into an existing watercourse or floodplain.
(f)
Additional regulations.
[1] Buildings and structures accessory to a swimming
pool, such as shower rooms, changing rooms, or pump houses, etc.,
shall conform to all applicable setback regulations and shall require
a building permit to be issued by the Township Building Inspector.
[2] Lighting facilities shall be hooded and screened to prevent glare and light impingement on neighboring properties and interference with the use and enjoyment of any neighboring property, and shall follow applicable requirements of Article
XIX.
[3] Operation of the swimming pool shall be in conformance
with any regulations and guidelines issued from time to time by the
Chester County Health Department.
(12)
Garage or yard sales subject to the following provisions:
(a)
Such use shall be limited to occurrences of not more than four
times within one calendar year. There shall be at least a thirty-day
period between such occurrences and each occurrence shall last no
more than four consecutive days.
(b)
No more than one vehicle for sale or show shall be displayed
on a residential lot.
(c)
Signs for garage or yard sales shall be in compliance with Article
XXI.
(13)
Residential outdoor storage in compliance with §
162-1909.
(14)
Residential radio antenna, television antenna or microwave dish
antenna in accordance with the following standards:
(a)
Where applicable, structures shall comply with Federal Communications
Commission (FCC) regulations and the Township Building Code.
(b)
Freestanding antenna of any type shall be located in the side
or rear yard, and shall meet all minimum setback requirements of the
zoning district in which it is located; however, no portion of the
base of a freestanding antenna shall be located any closer to a lot
line than the height of the antenna.
(c)
The highest point of a radio or television antenna shall not
exceed the peak of the roof of the principal building by more than
15 feet or, if a freestanding antenna, the maximum height of the antenna
shall be 50 feet.
(d)
When roof- or wall-mounted, microwave dish antenna shall not
project above the peak of the roof line unless a special exception
is granted. If freestanding, the total height of the dish antenna
shall not exceed 10 feet. Microwave dish antenna shall not exceed
three feet in diameter. Such use shall be screened with staggered
plantings or fencing to the extent that such screening does not substantially
interfere with reception.
(e)
No more than two antennas of any kind shall be permitted per
dwelling unit, nor shall more than one freestanding radio or television
antenna be permitted per dwelling unit.
(15)
Accessory apartments and accessory existing detached dwellings.
The purpose of this section is to allow the alteration of existing
buildings for the purpose of meeting housing needs of immediate family
members, domestic employees, and/or caregivers and their dependent
children who are employed on premises. In particular, the purpose
is to balance the needs and desires of extended families to provide
an independent residence while protecting the existing character of
the surrounding properties and to avoid subdivision to accomplish
such purpose, thereby promoting the preservation of Township historic
character, open space, and the concept of limited development.
(a)
Accessory apartments. Accessory apartments shall be permitted in R-1, R-2, R-3, and VR Zoning Districts by special exception approval by the Zoning Hearing Board in accordance with Article
XXIV and shall be also subject to the following standards:
[1] The principal structure shall be located on a lot
which satisfies the minimum lot area and bulk regulations of the district
in which it is located. There shall be only one accessory apartment
per principal use, and accessory apartments shall only be permitted
in single-family detached dwellings.
[2] The property and both the principal dwelling and
accessory apartment shall be owned by the same person; one of the
two dwelling units must be owner-occupied.
[3] Use of the accessory apartment shall be limited
to two family members or two caregivers or domestic or farm/agricultural
use employees and their dependent children.
[4] Owners of accessory apartments shall be required
to obtain a permit annually. Prior to issuance of the permit, the
applicant shall demonstrate compliance with the occupancy requirements
of this section and other applicable Township codes. An on-site inspection
may be required to confirm compliance.
[5] The accessory apartment shall be limited to no
more than two bedrooms and shall meet the following size requirements:
Number of Bedrooms in Units
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Minimum Floor Area in Unit
(square feet)
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Efficiency
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300
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1 bedroom
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400
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2 bedrooms
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600
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[6] The accessory apartment shall be clearly subordinate
to the primary dwelling in terms of size and function and shall not
exceed 20% of the habitable floor area contained in the existing primary
dwelling prior to conversion.
[7] Additions to an existing dwelling designed to allow
the creation of an accessory apartment in that dwelling shall not
be permitted; except that, additions containing up to a maximum of
15%, but not to exceed 400 square feet of the floor area of the existing
primary dwelling, may be permitted, if the addition will facilitate
the creation of an otherwise allowed accessory apartment in a more
logical manner, considering design, layout, or safety factors.
[8] Except as indicated in Subsection
C(15)(a)[7], above, alterations to the exterior of the existing dwelling shall be limited to access, windows, and ventilation. After creation of the accessory apartment, the existing primary dwelling shall maintain the usual appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood.
[9] There shall be no accessory apartment located in
a below-ground basement where the exterior grade is more than halfway
up the height of the exterior wall, unless there is at least one exterior
facade where the unit is at grade with the ground outside.
[10] After conversion, the principal dwelling shall
have no more than the existing number of entrances along the front
of the building prior to the creation of the accessory apartment.
All other entrances to either the principal or accessory dwelling
units shall be located on the side or rear of the building.
[11] All applicable Township Building Codes and Chester
County Health Department regulations and permit requirements regarding
the installation of kitchen and bathroom facilities and septic systems
must be followed and indicated on all plans. Approval by all applicable
agencies is required prior to issuance of a zoning permit.
[12] A minimum of one all-weather off-street parking
space shall be required in addition to that required for the original
principal dwelling. The parking space shall have unrestricted ingress
and egress to the street.
(b)
Accessory existing (existing on the date of enactment of this chapter) detached dwellings. Accessory existing detached dwellings shall be permitted in R-1, R-2, R-3, and VR Zoning Districts only upon the approval of a conditional use by the Board of Supervisors in accordance with §
162-2308 and shall also be subject to the following standards:
[1] An owner applying for approval of an accessory
existing detached dwelling must not have previously secured a permit
or other approval for multifamily or accessory apartment use of the
principal residence on the lot.
[2] An accessory existing detached dwelling may only
be located on a lot having a minimum of 10 contiguous acres (not divided
by a public or private road).
[3] Only one accessory existing detached dwelling shall
be permitted on a lot.
[4] Single ownership shall be maintained of the entire
property on which both the principal dwelling and the accessory existing
detached dwelling are erected. Neither dwelling unit can be separately
sold or transferred without first securing subdivision approval from
the Board of Supervisors. Approval of a conditional use under this
section shall not create or imply a right of the owner of the subject
lot to subdivide the lot.
[5] Either the principal dwelling or the accessory
existing detached dwelling on a lot shall be an owner occupied dwelling.
Occupancy of both the principal dwelling and the accessory existing
detached dwelling shall be limited to members of the owner's
immediate family, caregivers, and domestic or farm employees and their
dependent children.
[6] A restrictive covenant setting forth the requirements
of this section and chapter and any conditions in the written decision
of the Board of Supervisors granting a conditional use approval for
an accessory existing detached dwelling shall be recorded in the Office
of the Recorder of Deeds of Chester County before issuance of a certificate
of occupancy for the accessory existing detached dwelling.
[7] An accessory existing detached dwelling shall have
separate systems for sewage disposal and water supply unless it can
be demonstrated that the existing systems are adequate for servicing
the principal residence and the accessory existing detached dwelling.
In any event, all standards established by the Chester County Health
Department and Pennsylvania Department of Environmental Protection
and Act 537 Sewage Planning shall be met.
[8] A lot on which a nonconforming use is permitted
by law to exist (other than a residential or agricultural use), shall
not be eligible for issuance of a conditional use approval for an
accessory existing detached dwelling.
[9] All applications for an accessory existing detached
dwelling shall include a plan showing the location of both the principal
residence and the accessory existing detached dwelling prepared by
a Pennsylvania licensed civil engineer and/or architect. The plan
shall show all means of access to and from the public street, interior
circulation and parking areas, the location of all sewage disposal
and water supply facilities, and such other details as the Board of
Supervisors may reasonably request. In the event that the location
of the accessory existing detached dwelling would preclude future
subdivision of the lot so that each dwelling unit is located on a
separate lot, the Board of Supervisors may impose as a condition of
approval that further subdivision of the lot be restricted.
[10] In granting conditional use approval, the Board
of Supervisors shall not create any new nonconforming conditions nor
permit the expansion or enlargement of any existing nonconforming
conditions.
[11] Each dwelling unit must have a separate mailing
address in accordance with Township regulations.
[12] An accessory existing detached dwelling shall
not be increased in square footage by more than 25% of its existing
floor area at the time of application.
(16)
Accessory solar energy system in conformance with §
162-2045.
D. Commercial, institutional, and industrial accessory uses, buildings,
and structures. The following uses, buildings and structures shall
be permitted when incidental and subordinate to a commercial, institutional,
or industrial use and when located on the same lot or tract as that
principal use and when in compliance with other applicable criteria
of this chapter:
(1)
Accessory buildings and structures on commercial, institutional,
and industrial lots shall have the same setback from lot lines as
principal buildings when they abut residential uses, lots or districts,
and otherwise shall have a minimum setback of 20 feet.
(2)
By conditional use, windmills for generating energy used for
the principal use, provided they are issued a building permit and
are installed to industry standards and such proof of appropriate
and safe installation is supplied to the Township upon request.
(3)
Uses designed to serve the employees of a commercial industrial
or institutional development, including areas for bicycle parking,
patios, gazebos, flagpoles, and storage sheds.
(4)
Off-street parking and loading facilities in accordance with §
162-1903.
(5)
Driveways, accessways, and interior circulation in accordance with §
162-1905.
(6)
Outdoor storage of materials in accordance with §
162-1909.
(7)
Signs in accordance with Article
XXI.
(9)
Private radio antenna, television antenna or microwave dish
antenna shall be permitted as a commercial or industrial accessory
use when in accordance with the following standards:
(a)
Where applicable, structures shall comply with Federal Communications
Commission (FCC) regulations and the Township Building Code.
(b)
Antenna meeting the definition of a communication tower shall comply with the standards of §
162-2014 and shall only be located in those districts where specifically permitted by this chapter.
(c)
Freestanding antenna of any type shall be located in the side
or rear yard, and shall meet the minimum setback requirements of the
zoning district in which it is located; however, no portion of the
base of a freestanding antenna shall be located any closer to a lot
line than the height of the antenna.
(d)
The highest point of a radio or television antenna shall not
exceed the peak of the roof of the principal building by more than
15 feet or, if a freestanding antenna, the maximum height of the antenna
shall be 50 feet.
(e)
Microwave dish antenna shall meet the following additional standards:
[1] Microwave dish antennas up to three feet in diameter
may be installed, subject to those specific regulations set forth
for residential accessory uses, above.
[2] Microwave dish antennas exceeding three feet in
diameter shall be permitted, subject to the following:
[a] The total height of the microwave dish antenna
shall not exceed 12 feet if roof mounted and 15 feet if freestanding,
unless approved as a special exception by the Zoning Hearing Board.
[b] Screening shall be provided in accordance with those stipulated for residential microwave dish antenna, §
162-2002C, above, and § 162-1508.
[c] Before erection or installation of any such microwave
dish antenna, a permit application shall be made to the Township and
a fee paid, as may be established by Board of Supervisors, and shall
be accompanied by plans to scale, showing:
[i] The dimensions of the lot and location of the buildings
thereon.
[ii] Details of all microwave antenna anchors, supports
and foundations, and the exact proposed location thereon on the lot.
[iii] Design wind load on each anchor and allowable
wind load on each anchor.
[iv] Forces on foundation, including live load and
dead load.
[v] Allowable soil-bearing pressure and actual soil-bearing
pressure.
[vi] Strength and allowable stresses of cables, rods
or braces. Actual force and allowable force for each cable, rod or
brace.
[vii] When microwave antennas are attached to an existing
structure, provide details of how microwave antenna loads will be
distributed to the existing structure.
(10)
Accessory solar energy system in conformance with §
162-2045.
The provisions of Article
XVII shall apply.
The following provisions shall apply to adult-oriented establishments
and uses:
A. The following location and dimensional standards shall be met:
(1)
Adult-oriented establishments and uses shall be located a minimum
of 1,000 feet from another existing adult-oriented establishment and
use.
(2)
Adult-oriented establishments and uses shall be located a minimum
of 500 feet from any residential zoning district or use, church, school,
day-care facility, or public playground or park.
(3)
The minimum lot area for adult-oriented establishment and uses
shall be one acre.
(4)
Except as otherwise noted in this section or chapter, area and
bulk regulations for this use shall be as specified in the applicable
underlying district in which this use is located.
B. Signs and visible messages based on the allowable sign area within
the applicable zoning district shall be permitted, provided:
(1)
Sign messages shall be limited to verbal description of materials
or services available on the premises.
(2)
Sign messages may not include any graphic or pictorial depiction
of material or services available on the premises.
(3)
Messages which are visible or intended to be visible from outside
the property, such as on or within doors or windows, shall not display
materials, items, publications, pictures, films or printed material
available on the premises.
C. Adult-oriented establishments and uses shall require application for a conditional use permit, as per §
162-2308, from the Board of Supervisors. Application for such a conditional use permit shall consist of:
(1)
A description of the premises for which the permit is sought.
(2)
A statement of the intended use(s).
(4)
Type, size and location of proposed sign(s).
D. Nothing in this chapter shall be deemed to allow any uses that are
"obscene" as that term has been interpreted from time to time by the
courts of the United States or the Commonwealth of Pennsylvania.
E. There shall be no alcoholic beverages in association with an adult-oriented
establishments and uses without proper State licensing and permission
from the PA Liquor Control Board.
F. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
Agricultural uses and uses associated with agriculture shall
be subject to the following regulations:
A. General regulations.
(1)
Gardening, incidental to residential use, shall be permitted
in any district without restriction in regard to lot area.
(2)
Any structures used for the shelter or housing of livestock
or poultry or any intensive agricultural use shall be located not
less than 100 feet from any lot line. Except as provided for dwellings,
no other agricultural structure, including agricultural accessory
structures, shall be constructed closer than 50 feet to any abutting
property or public right-of-way. Nonintensive agricultural uses shall
be set back a minimum of 20 feet from a property line. Where setbacks
provided in the applicable district differ from 50 feet, the greater
dimension shall apply.
(3)
Silos and bulk bins shall be exempt from the maximum building
height limit when attached to an existing structure or located such
that the distance from the base of the barn, silo, or bulk bin to
both the nearest property line and the nearest street right-of-way
line is no less than the height of said silo or bulk bin. In no case
shall any such structure exceed 100 feet plus accessory structure
and safety mechanisms for a maximum of 120 feet.
(4)
The storage or stockpiling of manure or other odor or dust producing
substance shall not be permitted within 100 feet of any abutting property
other than that of the owner/operator of this use or public right-of-way,
closer than 100 feet to any wells, springs, sinkholes, on slopes adjacent
to any ponds and streams, or within any swale or drainageway. Manure
shall only be stored or stockpiled on an approved impervious surface
that will restrict the associated nutrients from being released onto
and into adjacent soils and the groundwater aquifer.
(5)
Lots shall be graded so that animal wastes are confined, stockpiled,
stored, or disposed of within the lot on which they originate or adjacent
lot(s) under the same ownership and use. Waste disposal shall also
be in accordance with applicable Township ordinances.
(6)
All grazing and pasture areas where animals are kept shall be
fenced.
(7)
The Township shall strongly encourage a Conservation Plan and
Nutrient Management Plan be completed for all agricultural/farming
uses. The aforesaid plans shall be required for intensive agricultural/farming
uses due to their intensive nature and potential impacts on land,
natural resources, and adjacent property owners, as specified by the
Chester County Conservation District and under the Nutrient Management
Act of 1993, as amended.
(8)
Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
B. Nonintensive agricultural/farming uses and customary buildings associated
with such uses shall be in accordance with the following standards:
(1)
Except as otherwise specified in this section, lot area regulations
and area and bulk regulations for nonintensive agricultural/farming
uses in applicable underlying zoning districts shall apply.
(2)
The applicable regulations of other applicable Township, county,
or state requirements shall apply.
(3)
No slaughtering or processing operations shall be permitted
under a nonintensive agricultural/farming use. Said operations shall
be considered intensive agricultural/farming uses.
(4)
Commercial piggeries shall be considered intensive agricultural
uses and shall not be permitted as part of a nonintensive agricultural
use.
C. Intensive agricultural/farming uses and customary buildings associated
with such uses shall be in accordance with the following standards:
(1)
The minimum lot area for intensive agricultural/farming uses
shall be 20 acres in all districts where this use is permitted, otherwise
except as specified in this section other area and bulk regulations
of the underlying district in which this use is located shall apply.
(2)
An intensive agricultural/farming use including agricultural
buildings or structures housing mushrooms, poultry, hogs, or other
livestock; accessory mushroom composting; feed lots, or other odor
or dust producing activities, shall be set back a minimum of 300 feet
from any adjacent residential property lines.
(3)
Intensive agricultural/farming uses shall be set back the stricter
of a minimum of 100 feet from any floodplain or watercourse or as
specified by the Chester County Conservation District, as applicable.
(4)
The applicable regulations of other applicable Township, county,
or state requirements shall apply.
D. Agricultural/farming warehousing. Agricultural warehousing shall
comply with the following provisions:
(1)
Agricultural/farming warehousing shall be an accessory use to
the principal agricultural/farming use and shall only be permitted
on a lot used for the principal agricultural use.
(2)
Agricultural/farming warehousing shall required a minimum lot
size of five acres, even if associated with a nonintensive agricultural/farming
use that is permitted a smaller lot size in the underlying district.
(3)
Up to a maximum of 50% of the total products and materials stored
on-site may include items which are owned and used by off-site interests.
E. Commercial greenhouse production. The following provisions shall
apply to commercial greenhouse production:
(1)
Commercial greenhouse production shall be considered an intensive
agricultural/farming use and shall follow applicable regulations for
the district in which it is located.
(2)
Maximum lot coverage shall not exceed 60%.
(3)
Screening shall be provided in accordance with §
162-1908.
(4)
Stockpiling of organic material shall be so designed so as to
prevent runoff into streams, or onto roadways, or onto adjacent properties.
Storage of such materials shall be located no less than 50 feet in
distance from any lot line or Flood Hazard District boundary and no
less than 100 feet from any stream, wetland, or other body of water
and shall not be stored within a drainageway nor located so as to
drain onto adjacent land.
A. Except as otherwise noted in this section or chapter, the lot on which the historic resource is located shall meet the minimum area and bulk requirements for nonresidential uses in the underlying zoning district or one acre, whichever is less restrictive, unless the lot size or other condition is nonconforming at the time of application for a conditional use, in which case, this special use for a historic resource may be considered and such nonconformance may continue. This use shall also follow the requirements of Article
XVII.
B. This special use, if not otherwise permitted in the underlying zoning
district, shall be principally contained within a Class I or Class
II historic resource.
C. In order to qualify for a conditional use hereunder and to continue
such use, a historic resource, shall be maintained, renovated, expanded,
and restored with substantial historical accuracy in accordance with
the standards recommended in the Secretary of the Interior's
Standards for Rehabilitation and also as determined by the Historical
Commission, Planning Commission, and Board of Supervisors. Testimony
as to the compliance with the foregoing must be presented on behalf
of the applicant by an architect or architectural historian competent
to testify in the matters presented.
D. Site plans, floor plans, and elevations showing both existing and new exterior and interior building alterations for the conditional use shall be included with the application for conditional use. The site plan, floor plan, and elevations, which need not meet the requirements for a subdivision and land development plan, shall demonstrate compliance with the requirements herein set forth. Photographs may be substituted for elevation drawings if no material change is proposed. Any building demolition shall be as regulated under Article
XVII.
E. In granting a conditional use, with the recommendation of the Historical
Commission the Board of Supervisors shall be authorized to require
the granting of facade easements and to impose conditions regulating
or limiting the hours of operation of the business.
F. The antique business shall be operated as a single entity regardless
of whether owned by an individual, joint owners, a corporation, or
partnership. No subletting of space for separate dealers shall be
permitted.
G. The historic resource shall not be increased in square footage by
more than 25% of its existing floor area at the time of application.
H. Off-street parking spaces shall be screened from visibility from public streets and adjacent properties by fencing, walls, or natural vegetation in accordance with Article
XIX, and as determined by the Historical Commission, Planning Commission, and Board of Supervisors. Parking shall be located so as to not detract from the historic appearance of the historic resource. Parking shall meet the requirements of Article
XIX; provided, however, that the Board of Supervisors may, by conditional use approval, reduce the required parking for such use if the Board of Supervisors finds that the parking required is unnecessary and inconsistent with the preservation of the historic resource, appearance, or setting of the historic resource.
I. Outside display or storage of articles for sale shall be as in §
162-1909.
J. Trash receptacles shall be screened so as not to be visible from
the street or abutting properties except on scheduled pickup days.
K. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
Automotive sales and service facilities shall be subject to
the following regulations:
A. The minimum lot size for automobile and truck sales is five acres.
B. Building and permanent structures must be set back a minimum of 75
feet from all property lines. Parking and display areas for automobiles
and trucks and service and loading areas shall be a minimum of 75
feet from the property line of a property zoned or used for residential
purposes.
C. A minimum of 40% of the lot shall be landscaped and open green areas.
D. Primary access shall be from an arterial or major collector road, as defined in this chapter, and access shall follow the requirements of Article
XIX.
E. This use may contain up to a maximum of 20% building coverage.
F. This use may contain up to a maximum of 60% impervious lot coverage;
however, underground vehicle storage is strongly encouraged.
G. Except as otherwise noted in this section or chapter, this use shall
meet other minimum area and bulk regulations for the applicable underlying
district in which this use is located.
H. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, and other general standards shall be in accordance with the applicable sections of Article
XIX.
I. There shall be no commercial sale of gasoline. Gasoline on the premises
shall only be for use related to the primary business of automotive,
truck, and recreational vehicle sales and service.
The following provisions shall apply to a bank or other financial
institution:
A. Except as otherwise noted in this section or chapter, banks or other
financial institutions shall meet the minimum area and bulk standards
of the applicable underlying district in which they are located.
B. The use shall have direct or shared access with another use to an arterial or major collector street as defined by this chapter, and access shall follow the requirements of Article
XIX.
C. In addition, when proposed in conjunction with drive-through service, such uses shall meet §
162-2017.
Bed-and-breakfast lodging uses for historic resources shall
be subject to the following regulations:
A. A bed-and-breakfast shall be permitted only in a historic resource
that is a single-family detached dwelling and accessory buildings
existing on the date of the enactment of this chapter as specified
in this section.
B. This special use, if not otherwise permitted in the underlying zoning
district, shall be principally contained within a Class I or Class
II historic resource.
C. Except as otherwise noted in this section or chapter, the minimum area and bulk regulations shall be as stated for a single-family detached dwelling in the applicable underlying district, unless the lot size or other condition is nonconforming at the time of application for a conditional use, in which case this special use for a historic resource may be considered and such nonconformance may continue. This use shall also follow the requirements of Article
XVII.
D. The property upon which the bed-and-breakfast lodging use is established
shall be the principal residence of the operator of the use, and there
shall be only one principal residence per bed-and-breakfast lodging
use. Nonresident employees shall be restricted to two in addition
to the resident members of the family of the operator.
E. In order to qualify for a conditional use hereunder and to continue
such use, a historic resource, shall be maintained, renovated, expanded,
and restored with substantial historical accuracy in accordance with
the standards recommended in the Secretary of the Interior's
Standards for Rehabilitation and also as determined by the Historical
Commission, Planning Commission, and Board of Supervisors. Testimony
as to the compliance with the foregoing must be presented on behalf
of the applicant by an architect or architectural historian competent
to testify in the matters presented.
F. The bed-and-breakfast lodging shall have no more than eight guest rooms. However, up to eight additional guest rooms, for a maximum of 16 guest rooms in a bed-and-breakfast lodging, shall be permitted under this chapter upon satisfaction of the additional conditions under Subsection
V, below.
G. Exterior and interior alterations shall be limited to those customarily
associated with residential use or those which may be required by
the Pennsylvania Department of Labor and Industry, or for safety reasons
as required by any other local, state, or federal regulations. Fire
escapes, external stairways, or additional external doors shall be
located either to the side or rear of the building.
H. Site plans, floor plans, and elevations showing both existing and new exterior and interior building alterations for the conditional use shall be included with the application for conditional use. The site plan, floor plan, and elevations, which need not meet the requirements for a subdivision and land development plan, shall demonstrate compliance with the requirements herein set forth. Photographs may be substituted for elevation drawings if no material change is proposed. Any building demolition shall be as required under Article
XVII.
I. There shall be no cooking facilities in any guest room.
J. Food service to guests on the premises shall be limited to breakfast
and afternoon tea only.
K. There shall be no food service on the premises open to persons other
than overnight guests unless otherwise permitted in the zoning district
in which the premises is located.
L. The maximum uninterrupted length of stay shall be 14 days.
M. Where an on-lot sewage disposal system is to be used, the application
for the use shall be accompanied by a valid Chester County Health
Department permit verifying that the existing or proposed sewage system
can accommodate the maximum potential usage and that an appropriate
site for a replacement system is available should the existing system
fail. Compliance with Chester County Health Department regulations
shall be demonstrated or shall be a condition to issuance of a use
and occupancy permit, at the discretion of the Board of Supervisors.
N. Proof of any required fire inspection by a fire company or recognized
firesafety personnel shall be available at all times.
O. A bed-and-breakfast operation may be subjected to an annual inspection
for compliance with Township ordinances.
P. No greater than 120 square feet of the historic resource in which
the bed-and-breakfast use is located or an accessory building may
be used for the retail sale of articles to the public as part of the
bed-and-breakfast lodging use.
Q. Any amenities including, but not limited to, swimming pools and tennis courts, shall be for the sole use of the residents and the bed-and-breakfast guests and shall follow §
162-2002A(3) and
C(12). When located within 75 feet of a the property line of an adjacent residential use, the use of active recreation amenities, such as a swimming pool or tennis court, shall be limited in use and lighting between the hours of 9:00 a.m. to 9:00 p.m.
R. Off-street parking spaces shall be screened from visibility from public streets and adjacent properties by fencing, walls, or natural vegetation in accordance with Article
XIX, and as determined by the Historical Commission, Planning Commission, and Board of Supervisors. Parking shall be located so as not to detract from the historic appearance of the historic resource. Parking shall meet the requirements of Article
XIX; provided, however, that the Board of Supervisors may, by conditional use approval, reduce the required parking for such use if the Board of Supervisors finds that the parking required is unnecessary and inconsistent with the preservation of the historic resource, appearance, or setting of the historic resource.
S. A single sign shall be allowed on the premises. Illumination of a sign shall be limited to downlights external to the sign and all sign illumination shall be extinguished by 10:00 p.m. There shall be no use of windows for display or advertising. Signage size and other requirements shall be as provided in Article
XXI.
T. Trash receptacles shall be screened so as not to be visible from
the street or abutting properties except on scheduled pickup days.
U. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
V. Up to eight additional guest rooms, for a maximum of 16 guest rooms
in a bed-and-breakfast lodging, shall be permitted under this chapter
upon satisfaction of the following additional conditions:
(1)
In order to be allowed more than eight guest rooms, the applicant
shall be required to perpetually restrict the development of the property
on which the historic resource is located, according to the formula
set forth herein. The applicant shall agree to perpetual conservation
easements satisfactory in form and substance to the Township Solicitor,
which shall restrict the development of the historic resource(s) and
lot(s) as herein required.
(2)
Four additional guest rooms shall be allowed in exchange for
each lot which is perpetually restricted from further development.
The historic resources must be located on the lot which the applicant
agrees to restrict. Each restricted lot shall:
(a)
Be a separately subdivided lot on which the bed-and-breakfast
lodging use is located or contiguous lot(s) allocated to the bed-and-breakfast
lodging use;
(b)
Contain an area equal to the greater of:
[1] The minimum lot size in the zoning district in
which the historic resource is located; or
(c)
Wetlands, floodplain, and steep slopes (greater than 25%) shall
be deed-restricted against further development.
(d)
The applicant is cautioned to take into account future potential
uses of the applicant's tract of land and to situate any new
buildings on the tract or lots in such a manner as to allow compliance
with the bulk and area requirements of this chapter, since the Township
will not guarantee that variances will be forthcoming upon conversion
to any future use.
(e)
The additional guest rooms may be contained in a building or
buildings other than the historic resource if the following conditions
are met:
[1] The additional building(s) are on the lot(s) for
bed-and-breakfast lodging use;
[2] The construction of the building(s) is demonstrated
by competent evidence to be consistent with the historical architecture
and setting of the historic resource;
[3] The area of the additional building(s) plus the
historic resource and other impervious cover does not exceed that
allowed by the underlying district in which the bed-and-breakfast
lodging is permitted; and
[4] As determined by the Historical Commission.
(f)
The applicant is encouraged to maintain, restore, or, at a minimum,
renovate the interior of the historic resource in such a manner as
to retain the historic character of the building. Distinctive features,
construction techniques, or examples of craftsmanship shall be preserved.
Such demonstration shall include plans or renderings from a qualified
architect or interior design specialist, as approved by the Historical
Commission.
(g)
The residence of the operator of the use may be located in a building other than the historic resource so long as the residence is on the same lot as the bed-and-breakfast lodging use, meets the requirements of Subsection
V(2)(e), above, and is a part of the bed-and-breakfast lodging use.
The following provisions shall apply to a cemetery:
A. Except as otherwise noted in this section or chapter, area and bulk
regulations for this use shall be as specified in the applicable underlying
district in which this use is located. No part of a cemetery, including
but not limited to individual plots, structures, driveways and roads,
shall be located in steep slopes.
B. Individual plots shall be set back a minimum of 50 feet from all
tract boundaries, public rights-of-way, and the Flood Hazard District.
A system of internal monumentation shall be required to permit the
accurate location and recovery of individual plots.
C. No vault shall be located where, at its greatest depth below the
ground surface, it may intrude upon the permanent or seasonal high
water table.
D. To the greatest degree feasible, the existing soil profile and its
natural groundwater recharge capacity shall remain undisturbed in
buffer areas, perimeter setback areas, and retained natural areas.
E. Burial vaults shall be placed such that the minimum horizontal separation
between vaults is no less than two feet in order to allow for infiltration
of groundwater. This provision shall not apply to vaults within a
mausoleum.
F. Individual headstones greater than five feet in height and other
above ground permanent structures shall require building permits prior
to installation.
G. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
H. An application for a cemetery use shall include the following:
(1)
A master plan identifying the overall layout of plots, internal
road network, buildings, stormwater management facilities, and other
improvements.
(2)
A valid permit issued from the Pennsylvania Department of Health,
when applicable.
(3)
A narrative of how the cemetery will be developed and maintained.
(4)
The applicant shall demonstrate that recharge of groundwater
is not adversely impacted by the cemetery design.
(5)
The applicant shall provide sufficient hydrologic and other
information to satisfy the Township that the potential for groundwater
contamination from the burial grounds shall not be hazardous to neighboring
water supply wells.
A. Child day-care centers shall be subject to the following regulations:
(1)
The area and bulk regulations of the underlying district shall
apply for this use except that the minimum rear yard shall be no less
than 50 feet. Where this use is located adjacent to a residential
district, the minimum side yard shall be 35 feet.
(2)
Child day-care centers shall meet the provisions of 55 Pa. Code
§ 3270.1 et seq. for "child day-care centers" and the applicable
requirements of all other state and county agencies. Where any of
the requirements in this chapter conflict with state requirements,
the more restrictive requirement shall apply.
(3)
Prior to the issuing of a permit by the Code Enforcement Officer,
the applicant must receive and hold all pertinent approvals and/or
licenses from the PA Department of Public Welfare, the Chester County
Health Department, and any other applicable state or county agencies
as a condition of permit approval and continuation.
(4)
An outdoor play area shall be provided consistent with the Pennsylvania
Department of Public Welfare standards. This area shall be located
to the side or rear of the building and shall be set back at least
25 feet from all property lines and shall be surrounded by a safety
fence.
(5)
The screening and landscaping requirements of §
162-1908 shall be met. Outdoor play areas shall be sufficiently screened so as to protect residential areas from inappropriate noise and disturbance.
(6)
Outside play shall be limited to the hours between 8:00 a.m.
and 7:00 p.m. or sunset, whichever occurs earlier.
(7)
When proposed in combination with another nonresidential use,
a permit is required for each use.
(8)
No less than one off-street parking space for each employee,
plus two parking spaces for each 10 children shall be provided. Parking
shall be adequately screened when situated within 50 feet of land
zoned for or in residential use.
(9)
Safe off-street unloading passenger space and adequate stacking
capacity shall be provided to prevent interference with traffic flow
on any adjacent street or road. One passenger unloading space per
10 children shall be provided; a minimum of one unloading space shall
be provided in all cases. The unloading spaces shall be 9.5 feet wide
by 20 feet long.
(10)
An existing residential building on the lot may be used and
occupied as a single-family residence for the owner or an employee
of the owner of the day-care center. However, such building shall
not be used for nor include space for the child-care use and shall
meet the area and bulk regulations of the R-3 Residential District.
(11)
Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
B. Adult day-care centers shall be subject to the following regulations:
(1)
The area and bulk regulations of the underlying district shall
apply.
(2)
Adult day-care centers shall hold a valid license from the Pennsylvania
Department of Aging, meet the regulations of the Pennsylvania Older
Adult Living Centers Licensing Act of 1993 (6 Pa. Code § 11.1
et seq.), and the applicable requirements of all other state and county
agencies. Where any of the requirements in this chapter conflict with
state requirements, the more restrictive requirement shall apply.
(3)
There shall be a minimum of one off-street parking space provided
for each employee and, additionally, a minimum of one safe passenger
unloading space measuring a minimum of 9.5 feet by 20 feet in size
for each five clients that the center is licensed to accommodate.
Safe sight distances and internal circulation patterns are required
for both dropoff and pickup locations.
(4)
There shall be an outdoor open and safe area which shall be
a minimum of 10% of the net tract size and shall contain such amenities
as benches, gazebos, and/or walking paths.
(5)
Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
A club or lodge shall be subject to the following regulations:
A. Except as otherwise noted in this section or chapter, this use shall meet minimum applicable area and bulk regulations for the applicable underlying district in which this use is located. Where a golf course or other recreational use is proposed in conjunction with a club, §
162-2034 shall also apply.
B. The use of the facility shall be for authorized members and guests
only.
C. Lodging of overnight guests is prohibited in any building that is
a club or lodge.
D. Outdoor activity areas shall be set back a minimum of 100 feet from
any residential property line.
E. When located within or adjoining a residential district or use, the
hours of operation shall be established by the Zoning Hearing Board
and shall not interfere with neighboring properties and uses.
F. A buffer, in accordance with §
162-1908, shall be maintained adjacent to any residential use or district. All structures, parking, and facilities for outdoor activity shall be screened. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
G. The use of firearms, paintball guns and apparatus, archery, and similar
activities as a part of this use shall be prohibited.
All communication towers erected or otherwise in use in the
Township will comply with the following specifications:
A. All commercial communication towers shall be of a monopole type construction,
unless the applicant demonstrates, to the satisfaction of the Township
that lattice-type construction is more suitable for the intended application.
B. Communication towers shall comply with all area and bulk and other
regulations in the underlying district in which it is located, unless
otherwise noted in this section or chapter.
C. Every such tower shall meet the following restrictions:
(1)
There shall be no inhabited structures, residential accessory
structures, or electrical transmission lines within a radius equal
to the height of the tower; and the communication tower shall be designed,
where technically feasible, with a break point which shall ensure
that the structure will fall within this radius setback. In no case
shall the tower be located less than a distance of 25 feet from the
nearest property line;
(2)
The requested height shall be the minimum height necessary to
meet the particular communication requirements of the proposed facility;
(3)
The applicant does not have the ability to use an existing communication
tower for its communications requirements;
(4)
The tower shall be lighted as may be required by federal, state
or local aviation regulations;
(5)
The Board of Supervisors shall be assured that all health, safety
and welfare issues have been properly addressed;
(6)
No communications tower or antenna shall be constructed on any
property or placed on any structure in any portion of the Brandywine
Battlefield National Historic Landmark Planning Area which is within
1/2 mile of the Brandywine Creek.
D. All towers over 35 feet in height must meet the standards set forth
in the International Building Code (IBC) 2006, Section 3108, and all
amendment thereto. An independent structural engineer licensed in
Pennsylvania shall certify to the proposed tower's ability to
meet said standards and certify proper construction of the foundation
and erection of the tower. The maximum height of a communication tower
shall be 150 feet; provided, however; that the height of a communication
tower may be increased to a maximum height of 250 feet by conditional
use.
E. Owners of communication towers higher than 35 feet shall secure the property boundary, or at a minimum the tower base including any support structures, with a chain-link fence which shall be 10 feet in height. In addition to boundary security, all communication towers in excess of 35 feet in height shall have anti-climbing devices or other means with locked access, to prevent unauthorized climbing of the tower. Screening and buffering shall be provided as per §
162-1908 around all fences to screen them from public views and adjoining properties.
F. Access to the communication tower shall be via a public street or
an adequate easement including a passable cartway.
G. Communication tower owners will provide the Township with a certification
that the operators of the communication antenna are licensed by the
Federal Communications Commission and that the antenna will be operated
in accordance with all Federal Communication Commission regulations.
H. If measurable radio interference results from the installation and
use of a communication antenna, the tower owner will, upon receipt
of notice of such interference, immediately initiate an investigation
as to the source of such interference and assist in eliminating its
existence.
I. The owner of any communication tower higher than 35 feet shall annually
submit to the Township proof of an annual inspection by a qualified
inspector and tower maintenance program. Any structural faults thus
noted will be immediately corrected by the owner. Failure to provide
proof and the results of such inspections may result in notification
to the owner to cease operation and dismantle the tower. The Township
reserves the right to cause its Code Enforcement Officer and/or Township
Engineer to inspect the tower for purposes of ascertaining the existence
or absence of structural faults.
J. The owner of the communication tower shall be required annually to
provide a certificate of insurance to the Township providing evidence
of liability insurance at levels acceptable to the Township and naming
it as an additional insured on the policy of the owner.
K. The communication tower owner will notify the Township immediately
upon cessation or abandonment of the tower or any change in use. In
the case of cessation of use, the tower owner shall have 90 days within
which to dismantle and remove all structures from the property. At
the time of issuance of the permit for the construction of the communication
tower, the owner shall provide financial security in form and amount
acceptable to the Township to secure the expenses of dismantling and
removing said structures.
L. If there is suitable space available on an existing communication
tower, within the geographic area that a new communication tower is
intended to serve, no new tower shall be established. The owner of
the communication tower shall make joint use of the tower available
to other users upon such terms and conditions as are customary and
usual in the industry. All new communication towers shall be designed
with sufficient capacity for joint use.
M. Sufficient space shall be made available on the communication tower
for use by the Township, or for any emergency service provider designated
by the Township such as a fire company, ambulance service, rescue
squad, police or town watch, at no rental cost to the Township space
shall also be made available, where practical, for lease to other
transmitters and receivers so as to minimize the number of communication
towers in the district.
N. In addition to the above standards, all other applicable performance
standards pertinent to the zoning district in which the tower is to
be located shall apply to the tower and any associated support facilities
or structures. This requires that land development plans be submitted
for review and approval with any application for a communication tower.
O. Telecommunications antennas on existing tall structure. Telecommunications
antennas may be affixed to existing electrical transmission structures
existing on the date of enactment of this chapter by conditional use
in all districts in the Township. In all districts other than the
R-1, R-2, R-3 and R-4, R-5, VR, VC, RT1, AND HR Districts, telecommunications
antennas may be affixed to a building or structure existing on the
date of enactment of this chapter by conditional use. In districts
the following conditional use criteria shall apply:
(1)
The applicant shall prove that the location is necessary to
satisfy their function in the applicant's system and, where applicable,
will obviate the need for the erection of a telecommunications tower
in another location where the same is permitted.
(2)
The applicant shall minimize the adverse visual impact and the
number of such facilities through proper design, siting screening,
material, color and finish and whenever possible, competing providers
should collocate antennas and related facilities.
(3)
Building-mounted telecommunication antennas shall not be located
on any single-family dwelling or two-family dwelling.
(4)
Building-mounted telecommunication antennas shall be permitted
to exceed the height limitations of the applicable zoning district
by no more than 20 feet.
(5)
Omnidirectional or whip telecommunication antennas shall not
exceed 20 feet in height and seven inches in diameter.
(6)
Directional or panel telecommunication antennas shall not exceed
five feet in height and three feet in width.
(7)
Any applicant proposing telecommunication antennas to be mounted
on a building or other structure shall submit evidence from a Pennsylvania-registered
professional engineer certifying that the proposed installation will
not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
(8)
Any applicant proposing telecommunication antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Township for compliance with the
Township Building Code and other applicable law.
(9)
Any applicant proposing telecommunication antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
(10)
Telecommunication antennas shall comply with all applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
(11)
Telecommunication antennas shall not cause radio frequency interference
with other communication facilities located in the Township.
(12)
A communications equipment building shall be subject to the
height and setback requirements of the applicable zoning district
for an accessory structure.
(13)
The owner or operator of communications antennas shall be licensed
by the Federal Communication Commission to operate such antennas.
(14)
The maximum height of telecommunications antennas affixed to
electrical transmission structures, including the height of the structure,
shall be 120 feet.
The following provisions shall apply to convenience stores:
A. Except as otherwise noted in this section or chapter, area and bulk
regulations shall be as designated in the applicable underlying district
in which this use is located.
B. Access shall be controlled and defined by the use of concrete curbing.
C. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
D. When proposed with the sale of motor vehicle fuel, the provisions of §
162-2020 for a gasoline station shall apply in addition to the standards of this section, including the parking and stacking requirements for fuel pumps.
The following provisions shall apply to uses having drive-through
service:
A. Except as otherwise noted in this section or chapter, area and bulk
regulations for drive-through services shall be as specified for the
use with which it is associated, including eating and drinking establishment,
bank, or pharmacy as specified in the applicable underlying district.
B. The drive-through service area shall not be located adjacent to or
facing a residential use or district.
C. The drive-through service area shall have a cartway that has a dedicated
area for conducting business, a vehicle stacking lane which can accommodate
a minimum of five cars, and an area for departing vehicles. The stacking
lane shall be clearly marked and shall not be used for parking lot
circulation aisles nor shall it conflict in any way with circulation
or parking.
D. When drive-through service is adjacent to or on the same lot as other
commercial establishments, it shall use a common access with the other
establishments and not have a separate entrance to the street.
E. A pedestrian pathway shall be provided between any existing pedestrian
pathway and the entrance to the principal use for which the drive-through
service is intended.
F. If the drive-through service is for a restaurant, trash receptacles
shall be provided outside the restaurant for patron use and shall
be located in a manner that drive-through service customers have access
to from an automobile, but trash receptacles shall not be located
within 40 feet of any residential properties. A trash storage unit
shall also be provided which is designed to be screened from the street
and adjacent properties.
G. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
The following regulations shall apply to an eating and drinking
establishment:
A. Except as otherwise noted in this section or chapter, this use shall
meet minimum area and bulk requirements for the underlying district
in which it is located.
B. The use shall have access to either an arterial or major collector
road, as defined by this chapter. When this use is adjacent to or
on the same lot with other commercial uses, there shall be a common
accessway.
C. Trash receptacles shall be provided outside of the restaurant for
patron use, but shall not be located closer than 50 feet to any residential
use or district.
D. A trash storage area shall be provided which is screened from the street and adjacent properties to create a visual barrier from the street and adjacent properties and to prevent trash from blowing from the area in accordance with §
162-1908. Trash areas shall be located to permit safe and accessible trash removal.
E. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
F. An outdoor cafe may be permitted as accessory to this use under the
following required provisions:
(1)
Prior to constructing or maintaining an outdoor cafe, an applicant
shall first apply for and secure a permit from the Township in accordance
with the following:
(a)
An applicant shall submit in writing to the Zoning Officer,
along with the required fee, an application including the following
information:
[1] Name and address of the applicant.
[2] Plan specifying the location of the outdoor cafe,
including a calculation of proposed number of occupants, seating capacity,
and location.
[3] Written consent of the property owner, if other
than the applicant.
[5] Statement of indemnity as per Subsection
F(1)(b), below.
[6] Other similar information as may be required, and
information sufficient to demonstrate compliance with this section.
(b)
No action shall be taken on any application for a permit under
this section until the application has been completed fully and the
application fee, as required by the schedule of fees established and
amended by resolution of the Board of Supervisors, has been paid in
full.
(c)
The applicant shall indemnify and keep harmless the Township,
its officers, employees, and agents from and against any and all actions,
suits, demands, payments, costs, and charges for and by reason of
the existence of an outdoor cafe, and all damages to persons or property
resulting from or in a manner caused by the presence, location, use,
operation, installation, maintenance, replacement, or removal of such
use, or by the acts or omission of the employees of agents of the
applicant for such use. An indemnification agreement satisfactory
to the Township shall be provided by the applicant.
(2)
This use shall be associated with a principal use of an eating
or drinking establishment and shall be located abutting that building
in which the principal use is located, and shall be located on the
same lot as that principal use.
(3)
The associated eating or drinking establishment shall have a
minimum indoor seating capacity of 16 persons.
(4)
Outdoor cafe uses, abutting or adjacent to residential districts,
shall stop serving customers on or before 9:00 p.m., prevailing time,
on Sunday through Thursday, and clear all tables of food, beverages,
and customers on or before 10:00 p.m. On Friday and Saturday, customer
service shall stop at 10:00 p.m., prevailing time, and all tables
shall be cleared of food, beverages, and customers on or before 11:00
p.m.
(5)
This use shall not be located on or extend onto a public street,
right-of-way, pathway, or sidewalk.
(6)
This use shall be separated from parking areas or traffic flow
areas by fencing or buffering. However, in any location where the
outdoor cafe is not separated from the flow of traffic or parking
areas, no table shall be located within five feet of the curb or the
boundary of that area, whichever is closer.
(7)
This use shall provide table service.
(8)
The applicant shall maintain this use as per all Township regulations
and codes and state and federal laws, as well as Township rules for
this use, which may, from time to time, be changed to facilitate the
purposes and functioning of this use.
(9)
This use shall meet applicable Chester County Health Department
requirements.
Educational uses shall be permitted when in accordance with
the following standards:
A. The minimum required lot size shall be by special exception dependent
on the type, location, and intensity of educational use, however,
shall be no less than one acre. Except as otherwise noted in this
section or chapter, other area and bulk regulations shall follow those
specified in the underlying zoning district in which this use is permitted.
B. For educational uses access shall be taken from a collector or arterial
road and for place of worship uses/activities access shall be taken
from an arterial or major collector road, as defined by this chapter.
C. Outdoor play or recreation areas adjacent to a residential use or district shall be a minimum of 75 feet from side and rear property lines and shall be sufficiently screened to minimize disturbance of residential areas as per Article
XIX. Outdoor play or recreation areas adjacent to a nonresidential use or district shall be a minimum of 25 feet from side and rear property lines.
D. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
E. Building or any structures associated with this use shall be set
back a minimum of 50 feet from property lines of residential uses
or districts.
F. The applicant shall demonstrate that all necessary approvals and
permits from state and local agencies have been obtained.
The following provisions shall apply to gasoline or service
stations:
A. Except as otherwise noted in this section or chapter, this use shall
meet minimum area and bulk regulations for the applicable underlying
district in which this use is located. However, gas pumps shall be
a minimum of 500 feet from the nearest water supply whether on the
same lot or not.
B. Outdoor storage of materials and supplies shall be consistent with §
162-1909, Outdoor storage and display. In addition, the following storage standards shall apply:
(1)
Automotive parts, refuse, and similar articles shall be stored
within a building or enclosed area.
(2)
Vehicles waiting for repairs shall not be stored outdoors for
more than 10 days. Junk or parts vehicles shall be stored indoors
or directly behind the building where they are screened from public
view and limited to no more than two vehicles.
C. For gasoline stations, a minimum lot width of 100 feet shall be provided
along each street in which access is proposed. This requirement shall
not apply to facilities solely providing automobile repair services,
in which case the required lot width of the underlying district shall
apply.
D. Gasoline pumps and service islands shall be set back a minimum of
25 feet from any street right-of-way and a minimum of 50 from the
property line of a commercial, industrial, or institutional use and
100 feet from the property line of a residential lot or residential
district.
E. There shall be no more than a total of four gasoline pumps per gasoline
station use. To implement the Pennsbury Township Route 1 Corridor
Improvement Plan (2000), gasoline pumps shall be placed behind the
gasoline station, service station, or if applicable convenience store
building when such a building is built in association with this gasoline
station use.
F. Hours of operation and delivery service for the gasoline station
and/or service station shall be between 6:00 a.m. and 10:00 p.m.
G. Repair or service operations shall take place within an enclosed
building except for minor service activities performed at the fuel
pump.
H. Fuel tanks shall be placed underground and shall use materials and
be designed in accordance with state and federal regulations.
I. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX; provided, however, for properties within the Brandywine Battlefield National Historic Landmark Planning Area, signs shall be consistent with the historic character of the area.
[Added 11-20-2019 by Ord.
No. 2019-11-20-1]
An event space use must comply with all of the following standards.
Event space shall not be permitted as a conditional accessory use
unless the applicant can comply with all of the standards. Compliance
with the standards shall be demonstrated by the applicant as part
of the conditional use application.
A. The event space use shall be permitted only on a lot where the owner
of the lot resides on the lot of the proposed event space accessory
use; or resides on an adjacent lot owned by individuals related to
the lot owner.
B. The event space use shall be permitted only on a lot at least 50
acres in area; or on a smaller lot adjacent to a lot or lots owned
by individuals related to the lot owner that in the aggregate comprise
at least 50 acres.
C. The event space use shall be permitted only on properties with frontage
on U.S. Route 1, State Route 52, State Route 926 and South Creek Road.
D. The event space use shall be permitted only on a property designated
as a Class 1 or Class 2 Historic Resource on the Township Historic
Resources Map.
E. Only permanent buildings existing on January 1, 2019, may be used
as event space. No new buildings or additions to existing buildings
may be used for the event space use.
F. A temporary tent may be used for the event space use if approved
by the special event permit. Temporary tents shall be erected no sooner
than five days before the date the event starts and removed no later
than two days after the event ends.
G. Sales of merchandise at special events shall be limited to agricultural
products and artisan crafts produced on the lot where the special
event is conducted or on an adjacent lot owned by individuals related
to the lot owner. This limitation shall not apply to food and beverages
provided to guests of or participants in the special event for on-site
consumption.
H. A building (unless a lawful nonconforming building) or temporary
tent to be used for the event space shall comply with the following
minimum yard setbacks:
I. A designated parking area shall be provided. The parking area shall
not be located in the front yard. No parking shall be permitted along
or next to the driveway providing access to the lot or the event space.
The parking area may be located on an unpaved area, weather permitting,
and need not comply with § 164-1903, except as may be required
by the special events permit.
J. The event space use shall comply with §
162-1911, Physical performance standards.
K. The event space building or tent shall comply with the Township Building
Code, Fire Code and other applicable codes. Prior to use, the
owner of the lot shall obtain a Township use and occupancy permit
for the event space building or tent.
L. Permanent or temporary indoor and outdoor lighting may be required, as determined necessary by the Board of Supervisors in the conditional use decision. Outdoor lighting shall comply with §
162-1910.
M. A landscape buffer may be required by the Board of Supervisors in the conditional use decision in compliance with §§
162-1707A(2) and
162-1908 to screen the event space building, tent and parking area from view from a public road or adjacent property.
N. Signs shall be temporary only and comply with §
162-2104G.
O. The means of ingress and egress to and from the public road shall
be designed and maintained to accommodate traffic in a safe and efficient
manner.
P. Adequate provision for sanitary facilities and disposal shall be
provided, including toilets and waste disposal and removal. If a permanent
on-site septic system is to be utilized, the applicant shall obtain
written approval from the Chester County Health Department.
Q. Preparation and service of food shall comply with all applicable
laws and regulations and obtain all necessary permits from the Chester
County Health Department. Food may be provided from food truck vendors
or on-site caterers.
R. Music provided by live musicians, disc jockeys or recordings and
amplified music, sounds and voices shall end by 10:00 p.m., prevailing
time.
S. If permitted by the special events permit, fireworks and any outdoor
display shall end by 10:00 p.m., prevailing time, and shall comply
with all applicable laws and regulations. Fireworks shall be displayed
only by a competent operator registered with the Office of the Pennsylvania
Attorney General.
T. The number of special events permitted during a calendar year on
each lot shall be determined by the Board of Supervisors in the conditional
use decision.
U. The applicant shall obtain all necessary permits and approval from
the Pennsylvania Liquor Control Board for the sale and/or service
of alcohol. All sellers and servers of alcohol shall have completed
the PLCB Responsible Alcohol Management Program. Alcohol shall be
served only in conjunction with the special event to guests and patrons
of the special event. Special events where the sale and service of
alcohol is the principal purpose of the special event are not permitted.
V. An event space use shall apply for and obtain a special event permit in compliance with Chapter
127, Special Events. All permit requirements shall be met.
W. In addition to the Township special event permit, the applicant shall
obtain and provide to the Township all permits and approvals required
by local, state and federal regulatory agencies.
The following provisions shall apply to group homes:
A. Group homes shall comply with the applicable provisions of the Township
Building Code.
B. Except as otherwise noted in this section or chapter, this use shall
meet minimum area and bulk regulations for the applicable residential
dwelling in the applicable underlying district in which this use is
located.
C. Proof of required licensing and compliance with all applicable state
and county regulations for the proposed facility shall be furnished
to the Zoning Officer prior to granting of a zoning permit.
D. Group home occupancy shall not exceed a maximum of eight resident
clients not including resident staff or other support staff.
E. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
A. Applicability. No person shall land, discharge, load or take off
in a helicopter in any place within the Township except as follows
and a special use permit must be obtained from the Township one month
in advance of the event.
(1)
In conjunction with a special event such as an athletic contest,
a holiday celebration, festival, parade or similar activity after
permission has been obtained to make such landings or takeoffs;
(2)
In connection with a construction project where a helicopter
is to be used to lift equipment or materials in connection with such
project.
(3)
Landings and takeoffs for law enforcement purposes and emergencies,
such as medevac, are permitted without prior approval.
Home occupations shall be considered an accessory use and shall
be classified and regulated as set forth below.
A. Classification, applicability and permits.
(1)
A minor home occupation (no-impact home-based business), as
defined in this chapter, shall be permitted as an accessory use by-right
in those districts where minor home occupations are allowed when each
of the following criteria and those in Act 247 are met:
(a)
The use is carried on only by family members residing in the
dwelling and shall have no employees other than those family members.
(b)
The use does not involve more than one customer or client visit
per week to the dwelling and there are no direct sales of products
on the site.
(c)
There is no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(d)
There is no exterior indication, including signs, advertising
or other display, that a home occupation is located on the premises.
(e)
Commercial pickup and delivery of goods and supplies is limited
to no more than once a week, exclusive of normal United States Postal
Service and express package delivery.
(f)
The business activity shall be conducted only within the dwelling
and the floor area devoted to the use does not exceed 25% of the ground
floor area of the principal residential structure or 400 square feet,
whichever is less.
(g)
The business activity does not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(2)
No-impact consulting as defined in this chapter (See "consulting, no-impact") shall be permitted as an accessory use by right in those districts where minor home occupations are allowed where the criteria of §
162-2024A(1)(a),
(c),
(d),
(f) and
(g) herein above are met. No-impact consulting shall not require a permit [§
162-2024A(2) and
B(9)], and additional parking spaces [§
162-2024B(5)].
(3)
The Code Enforcement Officer shall make the determination as to whether the above criteria are met by the proposed use. The applicant shall be responsible for supplying such information as deemed necessary to make this determination. Upon determining that the proposed use meets all of the above criteria and is classified as a minor home occupation, the Code Enforcement Officer shall issue a one time permit for the home occupation. Where the proposed home occupation does not meet all of the criteria, Subsection
A(3) through
(5) shall apply.
(4)
Where a proposed home occupation does not meet one or more of the above criteria in Subsection
A(1)(a) through
(g) and Act 247, it shall be classified as a major home occupation and
an annual permit shall be required to be obtained from the Code Enforcement
Officer.
(5)
A major home occupation shall be permitted as an accessory use
only as a special exception and shall require review and approval
by the Zoning Hearing Board. Following such approval, a permit shall
be obtained from the Code Enforcement Officer. Permits for home occupations
approved by special exception shall be renewed annually.
(6)
A proposed major home occupation which does not meet at least two of the above criteria in Subsection
A(1)(a) through
(g) shall not be permitted as a home occupation.
B. General standards. The following regulations shall apply to all home
occupations, whether classified as minor or major:
(1)
A home occupation must be conducted within a dwelling which
is a bona fide residence of the principal practitioner or, for a major
home occupation, in an accessory building thereto which is normally
associated with a residential use. The home occupation, other than
an outdoor play area for a home day care, shall be carried on wholly
indoors. Accessory structures such as sheds, detached garages, and
barns may be used for unheated storage of materials for the major
home occupation, only if the primary building is used as an office
for the home occupation use.
(2)
A home occupation shall not be permitted within a nonconforming structure or on a nonconforming lot, which the exception of historic resources and their lots, as defined by Article
II and
XXII.
(3)
In no way shall the appearance of the residential structure
be altered or the occupation within the residences be conducted in
a manner which would cause the premises to differ from its residential
character by the use of materials, construction, lighting, show windows,
signs, or advertising visible outside the premises to attract customers
or clients, other than those signs permitted by this chapter for a
residential use or a major home occupation.
(4)
Home occupations are an accessory use for a principal residential
use as permitted in the applicable underlying district and except
as otherwise noted in this section, shall meet minimum area and bulk
regulations in the applicable underlying district in which the principal
residential use is located.
(5)
In addition to the off-street parking spaces required for the particular primary residential use concerned, a major home occupation use shall provide one off-street space per 200 square feet of total floor area used for the home occupation, plus one space for each employee; however, a maximum of four off-street parking spaces are permitted on one lot, inclusive of that required residential parking. A minor home occupation shall provide no more than one additional parking space above that already provided for the residential use where it is located. Off-street parking spaces required for the home occupation are not permitted in front yards. All off-street parking spaces shall be located at least 10 feet from any property line. Off-street parking areas for the home occupation use shall be screened from abutting residences in accordance with §
162-1908. Alternately, a fence may be erected as a visual screen with a minimum height of four feet.
(6)
Any commercial vehicle, not to exceed one in number, shall be
parked within a garage, an enclosed structure, or a parking space
which is screened from view at the street line and from adjacent residential
uses.
(7)
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation.
(8)
No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, odors, dust, or electrical
interference detectable to normal senses beyond the property line
which is in excess of levels customarily generated by a residential
use. No equipment or process shall be used which creates visible or
audible interferences in any radio or television receivers off the
premises.
(9)
All applicants for a home occupation use shall be required to obtain a permit in accordance with the requirements of §
162-2024A prior to beginning operation of the use.
(10)
With the exception of home day care, no home occupation activity
shall be conducted between the hours of 8:00 p.m. and 8:00 a.m. which
involves individuals entering or leaving the premises or mechanical
operations.
(11)
Deliveries from commercial suppliers shall not be made prior
to 8:00 a.m. or later than 8:00 p.m.
(12)
Home occupations shall not include the following:
(b)
Riding stables and kennels.
(c)
Funeral parlors or undertaking establishments.
(f)
Medical or dental clinics.
(j)
Rooming, boarding, or lodging houses.
(k)
Automotive repair or mechanical shop.
(l)
Painting of vehicles, trailers, or boats.
(m)
Private schools with organized classes. [Private instruction of no more than two students during one session may be permitted per §
162-2024D(2).]
(o)
Other uses of similar character.
C. Standards for major home occupations permitted by special exception.
In no case shall a major home occupation be permitted to exceed the
following standards:
(1)
The total area used for such purposes (including storage) shall
not exceed the equivalent of 50% of the floor area of the ground floor
or first floor of the user's dwelling unit.
(2)
No more than one person, other than resident members of the
immediate family, may be employed or subcontracted at the residence.
(3)
No articles shall be sold or offered for sale on-site except
such as may be produced on the premises.
(4)
Signage shall be as designated in Article
XXI.
D. Standards applicable to specific home occupations. The following
provisions shall apply to specific home occupations as defined below
and shall be in addition to the other applicable provisions in this
section:
(1)
Personal services. Personal services, including beauty parlors
and barbershops, may be permitted as a special exception, provided
no more than two beauty parlor or barber chairs are located in the
shop.
(2)
Instructional services. An instructional service is a home occupation
in which the practitioner provides the client with special instruction
in a specific area of study. Such uses shall meet the following provisions:
(a)
The establishment of this home occupation shall not require
a room or series of rooms specifically designed for this purpose.
(b)
Instructional services involving a maximum of two students at
a time are permitted.
(c)
No persons shall be employed other than resident members of
the immediate family.
(3)
Home crafts. Home crafts are art or craft-related business activities
whereby the commodity for sale is completely manufactured by and may
be sold on the site by the resident craftsman. Home crafts may include,
but are not limited to the following: artists, sculptors, specialty
paper arts such as invitations, dressmakers, seamstresses, and tailors;
and include such activities as model-making, rug-weaving, lapidary
work, and furniture-making. Home crafts are permitted only in single-family
detached dwellings and existing accessory buildings on the same lot.
(4)
Home day care. The following provisions shall apply to accessory
home day-care uses:
(a)
Family home day care. A family home day-care use is a facility
in which care is provided for four to six children at any one time,
who are not relatives of the caregiver, where the child-care areas
are being used as a family residence as the primary use.
[1] Family home day-care facilities shall meet the
provisions of 55 Pa. Code § 3280.1 et seq. for "family child
day-care homes" and the applicable requirements of all other state
and county agencies. Where any of the requirements in this chapter
conflicts with state requirements, the more restrictive requirement
shall apply.
[2] Prior to the final approval of the use and issuing
of a permit by the Code Enforcement Officer, the applicant must receive
and hold all pertinent approvals and registration certificates from
the Pennsylvania Department of Public Welfare, the Chester County
Health Department, and any other applicable state or county agencies
as a condition of permit approval and continuation.
[3] The minimum lot size shall be the minimum lot size
required for a single-family detached residence in the underlying
district or one acre, whichever is greater.
[4] The use shall be conducted in a building designed
for residential occupancy and designed for the safety and well-being
of the occupants.
[5] Play areas shall be provided consistent with the
PA Department of Public Welfare standards. The play area shall be set back the greater of 25 feet
or the minimum yard required for the residential use in the applicable
underlying district, from all property lines and outside play times
shall be limited to the hours between 8:00 a.m. and 6:30 p.m. or sunset,
whichever occurs earlier.
[6] Outdoor play areas, if within 500 feet of any road,
water body, or any other such safety hazard, shall be enclosed by
a fence or natural barrier suitable to prevent children from crossing
or as otherwise required by the PA Dept. of Public Welfare codes.
[7] Family home day-care uses shall be permitted only
as an accessory use in a single-family detached dwelling. There shall
be no alterations to exterior facades of residential structures to
accommodate accessory day care facilities in a residential district,
except for safety purposes which shall be confined to rear or side
walls not visible from any public right-of-way.
[8] If a family home day care is located adjacent to a nonresidential use, a parking lot, or on a street classification higher than local street as defined in Article
II, the outdoor play area must be enclosed by a fence with a minimum height of four feet and deemed appropriate by the Township. The outdoor play area shall be located to the side or rear of the property.
[9] No more than one person other than resident members
of the immediate family may be employed by the home day care.
[11] Safe off-street loading passenger space and adequate
stacking capacity to avoid interference with any adjacent street shall
be provided.
(b)
Adult home day care. An adult home day-care use is a facility
in which care is being provided for four to six adults at any one
time who are not relatives of the caregiver, where the family residence
is being used as the facility as the primary use.
[1] The minimum lot size shall be the minimum lot size
required for a single-family detached residence in the underlying
district or one acre, whichever is greater.
[2] Prior to final approval of the use and issuing
of a permit by the Code Enforcement Officer, the applicant must receive
and hold all pertinent approvals and registration certificates from
the Pennsylvania Department of Aging, the Chester County Health Department,
and any other applicable state or county agencies as a condition of
permit approval and continuation.
[3] The use shall be conducted in a building designed
for residential occupancy and designed for the safety and well-being
of the occupants.
[4] Adult home day-care uses shall be permitted only
as an accessory use in a single-family detached dwelling. There shall
be no alterations to exterior facades of residential structures to
accommodate accessory day care facilities in a residential district,
except for safety purposes which shall be confined to rear or side
walls not visible from any public right-of-way.
[5] No more than one person other than resident members
of the immediate family may be employed.
[6] Safe off-street loading passenger space and adequate
stacking capacity to avoid interference with any adjacent street shall
be provided.
The following provisions shall apply to a hospital:
A. The minimum lot area for a hospital shall be five acres. Except as
otherwise noted in this section or chapter, this use shall meet minimum
area and bulk regulations for the applicable underlying district in
which this use is located.
B. The principal access to a hospital shall be directly from an arterial or a major collector road as defined by this chapter. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
C. Buildings and structures shall be set back a minimum of 100 feet
from any residential use property line. Where the use adjoins existing
residential uses, emergency and service entrances shall be located
where they will have the least impact on adjoining neighbors.
D. The following uses are permitted within a hospital complex when designed
as an integral part of the hospital:
(1)
Medical or dental center;
(3)
Hospital administrative offices;
(4)
Accessory maintenance facility;
(6)
Snack and restaurant facilities; and
E. Helicopter landing pads may be permitted as an accessory use to a hospital when in conformance with the requirements of §
162-2002 for commercial and industrial accessory uses and §
162-2023.
A hotel shall be subject to the following regulations:
A. The minimum lot area shall be two acres; however, the minimum lot
size of a hotel with a conference facility shall be three acres. Except
as otherwise noted in this section or chapter, this use shall meet
minimum area and bulk regulations for the applicable underlying district
in which this use is located.
B. The principal access to a hotel shall be directly from an arterial or major collector road, as defined by this chapter. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
C. Buildings and structures shall be set back a minimum of 75 feet from
any residential use property line.
D. The following uses are permitted when designed as an integral part
of a hotel or motel:
(3)
Conference and meeting facilities;
(6)
Accessory maintenance facilities.
The following provisions shall apply to an industrial or office
park:
A. The tract of land to be developed shall be in one ownership, or in
the case of a multiple ownership, it shall be developed according
to a single overall master plan with common authority and responsibility.
B. The tract and uses therein shall have access only to an arterial
or collector road, as defined by this chapter, via a common ingress
and egress. The intersection of the industrial or office park entry
road and the public street shall be of adequate construction to accommodate
the proposed level of truck and other traffic expected to be generated
by the industrial or office park.
C. An industrial park may be used for primary uses in the district in
which the industrial park is located and associated accessory uses,
buildings, and structures, plus a maximum of 30% of an industrial
park may be for office or commercial uses.
D. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
E. Area and bulk regulations for industrial or office park uses shall
be as follows:
(1)
Minimum tract size: five contiguous acres.
(2)
Tract perimeter setbacks and screening for industrial parks. Landscaping, screening, and buffering in accordance with Article
XIX shall be required in addition to the following minimum setbacks along the perimeter of the industrial park:
(a)
Twenty-five feet from industrial uses.
(b)
Fifty feet from commercial uses.
(c)
Seventy-five feet from external public roads.
(d)
One hundred fifty feet from any residential use property line
or district.
(e)
Other yard setbacks shall be in accordance with the district
in which the industrial or office park use is located.
(3)
Tract perimeter setbacks and screening for office parks. Landscaping, screening, and buffering in accordance with Article
XIX shall be required in addition to the following minimum setbacks along the perimeter of the office park:
(a)
Forty feet from all uses except 55 feet from residential uses
property line or district.
(b)
Sixty feet from external public roads.
(c)
Other yard setbacks shall be in accordance with the district
in which the industrial or office park use is located.
(4)
Minimum lot area. The average area of individual lots within
an industrial or office park development shall be one acre, but no
individual lot shall be less than 30,000 square feet.
(5)
Minimum widths.
(a)
Tract width. Minimum tract width frontage along the arterial
or collector road from which the industrial or office park has access
shall be 300 feet.
(b)
Individual lot widths at the building line: 100 feet.
(6)
The lot and building coverage and floor area ratio shall be
as specified in the underlying district in which the industrial or
office park is located and except as otherwise specified in this section
or chapter, this use shall meet minimum area and bulk regulations
for the applicable underlying district in which this use is located.
The following provisions shall apply to a junkyard or salvage
yard operation:
A. Except as otherwise specified in this section or chapter, this use
shall meet minimum area and bulk regulations for the underlying district
in which this use is located. The land area serving to meet the minimum
tract size shall be undivided by streets, watercourses, or rights-of-way.
No part of the operation shall be located within the Flood Hazard
District or located such that contaminants from the operation can
seep or flow into a stream or other body of water.
B. Perimeter setbacks and buffering.
(1)
The perimeters of a junkyard or salvage yard shall have a landscaped
setback as follows:
Adjacent Use or District
|
Minimum Landscaped Setback
(feet)
|
---|
External public roads
|
50
|
Commercial use or district
|
50
|
Residential use or district
|
100
|
(2)
The area where junk and any other material is stored outside
shall be enclosed with a wall or fence, at least eight feet in height,
but no greater than 10 feet in height and which shall be designed
and constructed so as to be 100% screened.
(3)
Landscaping, buffering, and screening requirements shall be in accordance with §
162-1908 and applicable sections of Chapter
138, Subdivision and Land Development. Vegetative screening shall be provided outside of the required fence.
C. The portion of the tract serving as a junkyard shall be located on
lands with less than 15% slope.
D. Storage piles shall not exceed eight feet in height within 25 feet
of the screening or fence line. Storage piles in the remaining area
of the junkyard shall not exceed 10 feet in height.
E. There shall be provided at least a fourteen-foot-wide accessway which
shall be clear and free at all times to provide for access to all
parts of the premises for firefighting and other safety or emergency
purposes. No more than two adjoining rows of junked cars shall be
stored together. There shall be accessways between storage piles which
are adequate to provide safety and emergency access as well as to
provide firebreaks, as determined by the Township.
F. Waste generated by the junkyard operation shall be managed in accordance
with all applicable Township ordinances and county, federal and state
regulations including the Solid Waste Management Act, the Clean Streams Law, and the Air Pollution Control Act of the Commonwealth of Pennsylvania.
(1)
Automotive fluids (including gasoline, oil, antifreeze, brake,
transmission fluids, and similar fluids), Freon, and other flammable
or toxic substances shall be removed from any junk or other items
stored on the premises and shall be properly containerized and stored
and removed from the premises a minimum of two times per month. Such
materials shall not be released into the air or deposited on or into
the ground or watercourses and shall be transported and disposed of
or recycled in accordance with applicable state and federal regulations.
(2)
Automotive batteries shall be removed from junked vehicles and
properly stored until they are disposed of or recycled.
(3)
Removal of such fluids, batteries, and other hazardous materials
shall take place on an impervious surface where they can be properly
contained without danger of spilling or being transported into the
ground.
G. No junk or other material shall be burned on the premises. Each junkyard
shall have available in proper working condition equipment that will
control, contain, and suppress fires or other hazards.
H. Tire storage piles shall not exceed 200 tires. In addition, when
whole or processed tires are stored outdoors, each waste tire pile
shall meet the following requirements:
(1)
Piles shall not cover a surface area of greater than 1,000 square
feet.
(2)
Corridors of at least 35 feet in width shall be maintained as
firebreaks on all sides of tire piles. No point in the pile shall
be more than 25 feet from a firebreak. Firebreaks shall be kept free
from obstructions that could limit access in the event of an emergency
and vegetation shall be maintained below six inches.
(3)
Tires stored or processed outdoors shall be covered by a carport,
tarp, or similar structure or device.
I. No garbage or other organic waste liable to give off a foul odor
or to attract vermin or insects shall be kept on the premises.
J. All junk, including tires, shall be stored or arranged to prevent
accumulation of water. Outdoor storage shall be conducted to control
mosquito propagation during warm weather. Controls may include use
of tarps, indoor storage screens, or spraying.
K. Prior to issuing of a zoning permit by the Zoning Officer, the applicant
shall provide sufficient information for the Zoning Officer to determine
that all applicable federal, state, county, and Township requirements
and regulations can be met by the proposed operation. Prior to the
issuance of the permit, the applicant shall also provide evidence
that all applicable conditions set by the Board of Supervisors during
the conditional use approval process have been met.
L. A stormwater management plan and erosion and sedimentation control plan shall be submitted as part of the land development application for a junkyard in accordance with Chapter
138, Subdivision and Land Development.
M. The permittee shall allow inspection of the business premises by
the Township or its appointed representative at any reasonable time.
N. Except as otherwise specified by this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
The following provisions shall apply to mechanical repair or
fabrication shops:
A. Except as otherwise noted in this section or chapter, this use shall
meet minimum area and bulk requirements for the underlying district
in which this use is located.
B. Outdoor storage of materials and supplies shall be consistent with §
162-1909, Outdoor storage and display. In addition, the following storage standards shall apply:
(1)
Spare parts, refuse, and similar articles shall be stored within
a building or enclosed area.
(2)
Machinery or automobiles waiting for repairs shall not be stored
outdoors for more than 10 days. Junk vehicles/machinery shall be stored
indoors or directly behind the building where they are out of public
view.
C. Repair or fabrication operations shall take place within an enclosed
building.
D. Hazardous materials shall be stored in accordance with state and
federal regulations.
E. Except as otherwise specified by this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
Mixed use shall be in compliance with the applicable provisions of Article
XIV, Multi-Use (MU) District, of this chapter, the design standards in Chapter
138, Subdivision and Land Development, and any other applicable regulations.
Mobile home parks shall be in compliance with the applicable provisions of Article
IX, Mobile Home Park District, of this chapter, the design standards contained in Chapter
138, Subdivision and Land Development, and any other applicable Township, county, or state regulations.
Multifamily dwellings shall be in compliance with the applicable provisions of Article
XIV, Multiuse (MU) District of this chapter, the design standards contained in Chapter
138, Subdivision and Land Development, and any other applicable regulations.
A. Retirement community. Retirement community, with facilities to serve
residents of such community and their guests only, shall be in accordance
with the following specific provisions:
(1)
A retirement community shall provide a combination of individual
dwelling units in any combination of single-family, two-family, or
multifamily buildings and may include a community center consisting
of one or more buildings in which the following uses may be permitted.
(b)
Auditoriums, activity rooms, craft rooms, libraries, lounges,
and similar recreational facilities for members of the community;
(c)
Office and retail or personal service facilities designed and
adequate to serve only the members of the community, such as, but
not necessarily limited to the following uses: doctor's offices,
pharmacy, gift shop, coffee shop, bank, beauty shop and barbershop.
(2)
The intensity of this use shall not exceed 2.5 dwelling units
per gross acre. For purposes of this section, four beds for patient,
resident, visitor, and/or staff person use provided within the community
center or accessory buildings shall be deemed the equivalent of one
dwelling unit.
(3)
The minimum tract size for a retirement community shall be 30
acres.
(4)
Every lot shall have a lot width at the at the street line of
not less than 250 feet.
(5)
A retirement community shall be developed and operated under
the direction and control of a single owner or agent for the owner.
(6)
Not less than 40% of the total area in the tract shall be designated as and used exclusively for common open space. Otherwise, location, design and layout, and maintenance of common open space shall be in accordance with the requirements of Article
XVIII.
(7)
There shall be a setback of 50 feet around the entire perimeter
of the tract in which no structures shall be situated, except there
shall be seventy-five-foot front setback.
(8)
Except as otherwise noted in this section or chapter, this use
shall meet minimum area and bulk regulations for the applicable underlying
district in which this use is located.
(9)
Site planning requirements for sanitary sewage disposal, water
supply, storm drainage, erosion and sedimentation control, conservation
of trees and natural features, and landscaping and buffers shall comply
with the standards set forth in applicable sections of this chapter.
(10)
Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
B. Assisted-living facility/personal care home.
(1)
The minimum lot size for this use shall be five acres.
(2)
Every lot shall have a lot width at the street line of not less
than 250 feet.
(3)
The total usable floor area ratio shall not exceed 40%.
(4)
There shall be a setback of 50 feet around the entire perimeter
of the tract in which no structures or roadways shall be situated,
except there shall be seventy-five-foot front yard setback.
(5)
Not more than 60% of the area of any lot may be occupied by
buildings, paving and other impervious cover. A minimum of 40% of
the area of any lot must be "green" area. Of the 40% green area, a
reasonable area is to be devoted to a park like area for the enjoyment
of the residents of the facility, connected to the main buildings
with walkways. Reasonable recreational facilities, such as paved walking
paths, shall be provided for the residents. An outdoor landscaped
sitting area shall be provided. The sitting area shall not be located
on slopes of greater than 1% nor shall it be adjacent to parking lots,
detention basins, or arterial or major collector streets unless adequate
screening is provided.
(6)
All accessory structures shall be located in conformance with
the primary building requirements herein specified, except where specific
requirements for accessory buildings or structures are specified in
this chapter.
(7)
For a single-building development, the building structure shall
not exceed three stories and 45 feet in height, whichever is less.
For a multiple-building development, the building structures shall
not exceed three stories and 35 feet in height, whichever is less.
No accessory building or structure shall exceed 20 feet in height.
(8)
Except as otherwise noted in this section or chapter, this use
shall meet minimum area and bulk regulations for the applicable underlying
district in which this use is located.
(9)
The Board of Supervisors may prescribe reasonable architectural requirements in keeping with the rural and historical character of the Township, the Brandywine Battlefield National Historic Landmark Planning Area, and the surrounding uses and environment in accordance with Article
XII-a and including the following:
(a)
New construction shall have pitched roofs with overhanging eaves.
Desired materials on pitched roofs include slate (either natural or
man-made), shingle (either wood or asphalt composition), and metal
formed to resemble "standing seams." Roof color should reflect local
traditional use of color, and shall specifically exclude white, tan,
blue, green or yellow shingles, red clay titles, and corrugated metal.
The use of fascias, dormers, and gables is encouraged to provide visual
interest.
(b)
Exterior wall materials may include stucco, wood clapboard,
native stone, brick, or other material of a shape, color and texture
similar to that found on historic structures in the vicinity. White,
tan, or spray painted brick are specifically prohibited as are: "T-111"
plywood siding, all forms of exposed concrete block, and metal buildings.
(c)
All facilities and equipment for heating/air conditioning, trash
collection and compaction, loading docks and other structural elements
not in keeping with historical architectural themes shall be concealed
architecturally or otherwise screened from view from any public right-of-way
or public space (including internal public spaces within a development).
(d)
Buildings shall be designed so as to visually articulate the
line between the ground and upper level(s) with cornice, canopy, balcony,
arcade, or other visual device. Traditional canvas awnings without
interior illumination are encouraged.
(e)
Where provided, sidewalks shall be constructed of brick, concrete,
concrete pavers, or concrete with brick boards; selection of paving
material(s) shall be compatible with that existing or planned on neighboring
properties. Other paving types may be used upon approval of the Board
of Supervisors.
(f)
At the time of application for preliminary plan approval, an
applicant shall provide drawings of sufficient detail to illustrate
the general character of the intended exterior design of structures,
including scale, height, roof pitch, relationship between varying
facade elements, and principal exterior materials. The Township may
require that material samples also be provided. It shall be the burden
of the applicant to demonstrate that submitted architectural designs
are consistent with and promote the purposes and standards set forth
herein. Exterior design features may be modified during the final
plan review process with any modifications subject to approval by
the Board of Supervisors.
(10)
The Board of Supervisors may prescribe reasonable additional landscaping requirements in §
162-1908 in keeping with the rural and historical character of the Township, the Brandywine Battlefield National Historic Landmark Planning Area, and the surrounding uses and environment in conformance with Article
XII-a.
(11)
Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
(12)
Assisted-living facilities shall be licensed and operated in
accordance with the Pennsylvania Department of Public Welfare. Licenses
shall be clearly displayed and made available for inspection at all
times. A license shall be obtained from the Department as a condition
of issuing a use and occupancy permit by the Township.
C. Nursing home/long-term care facility. The following provisions shall
apply to nursing homes:
(1)
Nursing homes shall follow requirements in Subsection
B, above.
(2)
Nursing home facilities shall be licensed and operated in accordance
with the Pennsylvania Department of Health. Licenses shall be clearly
displayed and made available for inspection at all times. A license
shall be obtained from the Department as a condition of issuing a
use and occupancy permit by the Township.
Recreational uses shall be permitted accordance with the following
standards:
A. Noncommercial recreational uses or facilities.
(1)
Permitted uses. These uses include, but are not limited to,
active or passive recreations uses such as parks, play fields, playgrounds,
hiking paths, arboretums, conservation areas, wildlife sanctuaries,
cross-country skiing, swimming pools, boating, horseback riding, fishing,
foot, bicycle and bridle paths, picnic areas, tennis and other racquet
game courts or any similar uses characteristically identified with
open space areas, and of a noncommercial nature, in accordance with
the following development standards:
(a)
Impervious cover for the use shall not exceed 20% of the lot
area, including pedestrian or bicycle paths.
(b)
Active outdoor recreational facilities, including fields, courts, swimming pools, and playgrounds, shall be set back a minimum of 100 feet from the lot line of any residential district or use and shall be screened in accordance with §
162-1908. A minimum setback of 50 feet shall apply to such areas that are adjacent to nonresidential districts or uses.
(c)
Any improvements such as a structure, building, parking area,
storage, loading or paved areas, but excluding foot and bicycle paths
and necessary accessways to a public street, shall not be located
closer than 50 feet to the lot line of any residential district or
use. Otherwise, the setback requirements of the underlying district
shall apply.
(2)
The minimum lot size for this use shall be three acres. Except
as otherwise noted in this section or chapter, this use shall meet
minimum area and bulk regulations for the applicable underlying district
in which this use is located.
(3)
Noncommercial recreational uses or facilities shall adhere to the general development standards set forth in §
162-2034B.
(4)
Outdoor lighting. Outdoor lighting shall comply with the provisions of §
162-1910.
(5)
Seasonal or permanent rest rooms shall be provided for outdoor
recreation uses.
B. Commercial recreational uses or facilities.
(1)
The standards under this subsection shall apply to such privately
established recreational uses such as, but not limited to, country
clubs, golf, swim, and tennis clubs, ice-skating rinks, theaters,
and bowling alleys.
(2)
The following aggregate minimum lot areas (Table 20-1) shall
be required based on each proposed use:
Table 20-1: Recreational Use Minimum Lot Area
|
---|
Use
|
Minimum Lot Area
(acres)
|
---|
Golf course (per 9 holes)
|
50
|
Theater
|
3
|
Bowling alley
|
3
|
Outdoor swim or tennis club
|
6
|
Indoor tennis, racquetball, or ice rink
|
4
|
Riding stable
|
10
|
(a)
The minimum aggregate lot area for commercial recreational uses or facilities that are not listed above shall be determined by the application of standards herein as well as applicable regulations contained in Chapter
138, Subdivision and Land Development, and any other Township, county, state, or federal regulations, however no commercial recreational use shall have a lot size smaller than one acre.
(3)
Except as otherwise noted in this section or chapter, this use
shall meet minimum area and bulk regulations for the applicable underlying
district in which this use is located.
(4)
The area or square footage necessary for recreational facilities
including, but not limited to, tennis courts, basketball courts, soccer
fields, baseball fields, and swimming pools shall be based on the
specifications set forth in National Park and Recreation Association
guidelines, as amended.
(5)
Any improvements such as a structure, building, parking area, storage, loading, or paved areas, excluding foot and bicycle paths, and necessary accessways to a public street, shall not be located closer than 50 feet to any residential lot line, and shall be screened from any residential district or use in accordance with §
162-1908. Otherwise, the setback requirements of the underlying district shall apply.
(6)
Outdoor active recreation facilities including, but not limited to, tennis courts and swimming pools, which concentrates activities shall be set back a minimum of 100 feet from any residential lot line and shall be screened from any residential district or use in accordance with §
162-1908. A minimum setback of 50 feet shall apply to such areas that are adjacent to nonresidential districts or uses.
(7)
Auxiliary uses, such as a restaurant or banquet facilities, shall be restricted in their use to employees, patrons, members and guests of the principal use and shall be set back a minimum of 100 feet from any residential lot line and shall be screened from any residential district or use in accordance with §
162-1908.
(8)
General development standards.
(a)
A master plan for the entire tract of land shall be prepared
as part of the application for a use under this section. The master
plan shall provide sufficient data to ascertain the impact the facility
will pose on the Township when it is complete.
(b)
Impervious coverage for the proposed use shall not exceed the
maximum lot coverage standard of the applicable zoning district, and
except as otherwise noted in this section, this use shall meet other
minimum area and bulk regulations for in the applicable underlying
district in which this use is located.
(9)
Campgrounds.
(a)
Campgrounds shall be developed under a plot plan for the entire
site indicating driveways, sewage disposal facilities, evidence of
sewage facilities by the authority having jurisdiction, type and method
of water supply, and certification of approval of the plan by the
Planning Commission.
(b)
Campgrounds may be a permanent, year-round installation; provided,
however, that no campground user shall be permitted to remain in such
camp ground for a period exceeding 30 days. The operator of the campground
shall deliver to the Board of Supervisors written management procedures
sufficient to assure compliance with the thirty-day time limit, satisfactory
to the Board of Supervisors, which shall be made a condition of the
zoning permit.
(c)
The use shall have direct access to a collector or arterial
road, as defined by this chapter.
(d)
There shall be no more than one point of egress to each street
on which the lot abuts.
(e)
The access shall be as specified in Article
XIX.
(f)
No speaker or public address system shall be installed at such
use that would cause sounds to emanate beyond the exterior of the
premises.
(g)
At least one attendant shall be on duty at all times.
C. Where a golf course or other recreational use is proposed in conjunction with a club or lodge, §
162-2013 shall also apply.
D. Any noncommercial or commercial indoor recreational use which includes
gun clubs, paintball, or similar loud target-oriented use shall be
required to install soundproofing insulating resulting noise from
such use from adjacent properties such that no noise from this use
will be audible at the property line. Amphitheaters are prohibited.
E. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
The following provisions shall apply to a recycling collection
center or recycling processing facility as applicable:
A. A recycling collection center shall only be permitted as a municipal
accessory use or in conjunction with an approved garbage transfer
station or recycling processing facility.
B. A recycling processing facility shall only be permitted in the specific
district(s) indicated in this chapter, and area and bulk requirements
shall reflect that in the underlying district, unless otherwise specified
in this section or chapter.
C. The following standards for the storage of recycled material shall
apply to both recycling collection centers and recycling processing
facilities.
(1)
Storage of materials shall be within containers that prevent
the material from being carried from the work area or site by wind
or water and shall prevent the inhabitation of vectors.
(2)
Stored materials shall be set back a minimum of 100 feet from
an existing residential use or district. A minimum setback of 50 or
the setback required by the underlying district, whichever is greater,
shall be maintained from any other property line or street line.
(3)
Materials stored outdoors shall be properly screened so as not
to be visible from adjacent streets or property. The storage of paper
shall be within a fully enclosed building or trailer.
(4)
Except where special provision has been made for the disposal
of household hazardous waste, hazardous waste included on the list
of hazardous waste maintained by the Pennsylvania Department of Environmental
Protection (PaDEP) shall not be disposed of at a recycling collection
center or recycling processing facility.
(5)
Principal access to the site shall be from an arterial or collector
road as defined by this chapter.
(6)
Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
D. The following standards shall apply to recycling processing facilities:
(1)
Operation of a recycling processing facility shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania,
the Rules and Regulations of the PaDEP, and the provisions of this
chapter. In the event that any of the provisions of this chapter are
less restrictive than any present or future Rules or Regulations of
PaDEP, the more restrictive regulations shall supersede and control.
(2)
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, recycling processing centers shall be protected
by locked barricades, fences, gates, or other means designed to deny
access to the area at unauthorized times or locations. Such barricades
shall be at least six feet high and shall be kept in good repair and
maintained in a uniform color.
(3)
A working plan for clean up and control of litter shall be submitted
to the Township. Blowing litter shall be confined to the work area
and controlled through the provision of a fence with a minimum height
of six feet, with openings not more than three inches by three inches
along all boundaries.
(4)
Screening, consistent with the standards of §
162-1908, shall be required between the fence and the street line and property line.
(5)
Unloading of materials shall be continuously supervised by a
facility operator.
(6)
When this use is combined with a transfer station, the separation
of material shall be done so that the recycling process does not interfere
with the prompt disposal of the municipal solid waste.
Residential conversion shall be subject to the following regulations:
A. This use shall be permitted in a historic resource that is a single-family
detached dwelling and/or a barn, either of which can be converted
by conditional use into two or more dwelling units.
B. Except as otherwise noted in this section or chapter, the minimum lot size and area and bulk regulations shall be as stated for a single-family detached dwelling in the applicable underlying district, unless the lot size or other condition is nonconforming at the time of application for a conditional use, in which case this special use for a historic resource may be considered and such nonconformance may continue. Additionally, however, as part of the conditional use process, residential conversion uses may be required to have an additional 10,000 square foot lot area per each additional dwelling unit, dependent on the number of additional units proposed and the minimum required density for a single-family detached dwelling in the underlying zoning district. This use shall also follow the requirements of Article
XVII.
C. This special use, not otherwise permitted in the underlying zoning
district, shall be principally contained within a Class I or Class
II historic resource.
D. Single-family detached dwellings which are converted shall maintain the appearance of a detached dwelling with a single front entrance which the resulting units may share. Barns which are converted shall principally retain the appearance of a barn. Additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and, in no case, on a front or side wall facing a street. Except as necessary for purposes of safety, there shall be no major structural change in the exterior of the building in connection with the conversion, except as otherwise noted in Subsection
E, below. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
E. A historic resource shall not be increased in square footage by more
than 25% of its existing floor area at the time of application.
F. In order to qualify for a conditional use hereunder and to continue
such use, a historic resource, shall be maintained, renovated, expanded,
and restored with substantial historical accuracy in accordance with
the standards recommended in the Secretary of the Interior's
Standards for Rehabilitation and also as determined by the Historical
Commission, Planning Commission, and Board of Supervisors. Testimony
as to the compliance with the foregoing must be presented on behalf
of the applicant by an architect or architectural historian competent
to testify in the matters presented.
G. Site plans, floor plans, and elevations showing both existing and new exterior and interior building alterations for the conditional use shall be included with the application for conditional use. The site plan, floor plan, and elevations, which need not meet the requirements for a subdivision and land development plan, shall demonstrate compliance with the requirements herein set forth. Photographs may be substituted for elevation drawings if no material change is proposed. Any building demolition shall be as required under Article
XVII.
H. The owner of the residential conversion shall reside in one of the
dwellings as a principal residence.
I. All applicable Township Building Codes and Chester County Health Department regulations and permit
requirements regarding the installation of kitchen and bathroom facilities
and septic systems must be followed and indicated on all plans. Approval
by all applicable agencies is required prior to issuance of a zoning
permit.
J. Separate cooking and sanitary facilities shall be provided for each
dwelling unit.
K. Trash receptacles shall be screened so as not to be visible from
the street or abutting properties except on scheduled pickup days.
L. Each converted structure shall have an outdoor recreation area of
at least 200 square feet per dwelling unit. The recreation area shall
not be located in the front yard or in the side or rear yard setbacks.
M. The following minimum floor area requirement shall be met:
Type of Unit
|
Minimum Floor Area
(square feet)
|
---|
Efficiency
|
400
|
1 bedroom
|
500
|
2 bedrooms
|
650
|
3 bedrooms
|
750
|
A minimum 120 square feet of floor area for each additional
bedroom, den, family room, or recreation room shall be required.
|
N. Off-street parking spaces shall be screened from visibility from public streets and adjacent properties by fencing, walls, or natural vegetation in accordance with Article
XIX, and as determined by the Historical Commission, Planning Commission, and Board of Supervisors. Parking shall be located so as not to detract from the historic appearance of the historic resource. Parking shall meet the requirements of Article
XIX; provided, however, that the Board of Supervisors may, by conditional use approval, reduce the required parking for such use if the Board of Supervisors finds that the parking required is unnecessary and inconsistent with the preservation of the historic resource, appearance, or setting of the historic resource.
O. If the individual dwellings are proposed as condominium units, an approved homeowner association document which meets the applicable requirements of Article
XVIII must be submitted.
P. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
The following provisions shall apply to self storage/mini-warehouses:
A. Except as otherwise noted in this section or chapter, area and bulk
regulations shall be as specified in the applicable underlying district
in which this use is located.
B. Access shall be from an arterial or collector street as defined by
this chapter.
C. The minimum aisle width between buildings shall be 24 feet.
D. The use shall be subject to review by police and fire officials regarding
security and fire protection.
E. Storage of explosive, radioactive, toxic, highly flammable, or otherwise
hazardous materials shall be prohibited.
F. No business activity other than leasing of storage units and the
sale of packing materials incidental to the principal use shall be
conducted on the premises.
G. Except as noted in Subsection
H, below, all storage for this use shall be within enclosed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.
H. Outdoor storage on the tract shall comply with the following requirements:
(1)
Outdoor storage of automobiles, boats, and recreation vehicles
is permitted provided they are screened so as not to be visible from
adjacent streets, residential uses or residential districts.
(2)
A maximum of 20% of the total site area may be used for such
outdoor storage.
(3)
Stored vehicles shall not interfere with traffic movement through
the complex.
I. The storage facilities complex shall be surrounded by a security fence. Vegetative screening, consistent with the planting requirements of §
162-1908, shall be provided between the fence and the street line and along property lines where the use is adjacent to any residential use or zoning district.
J. Mini-warehouse structures and associated outdoor storage areas shall
not be located within the Flood Hazard District.
K. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
A shopping center shall meet the following standards. These
criteria shall also apply to any single proposed retail use of 3,000
square feet or greater in floor area:
A. The minimum lot size for a shopping center use and an individual
retail use with a floor area of 10,000 square feet or more shall be
three acres. The minimum lot size for an individual retail use of
at least 3,000 square feet floor area but less than 10,000 square
feet floor area shall be two acres. Area and bulk regulations shall
be as specified in the underlying zoning district except as otherwise
stated in this section or chapter.
B. Access shall be from an arterial road, as defined by this chapter.
C. Design and interior circulation shall be at a pedestrian scale and
orientation as follows:
(1)
A pedestrian orientation shall be maintained and sidewalks or
walking paths provided along all interior street frontages within
this use and pedestrian access to sidewalks on or adjacent to the
property on which this use is located shall be provided.
(2)
Proposed development shall be designed to complement the historic
character of a village in the Township in regard to building placement,
style, bulk, construction materials, and site design.
(3)
The use of a traditional grid street pattern or one that is
similar in nature to the existing village development pattern in the
Township is the preferred design of new roads for this use. The use
of curvilinear streets and culs-de-sac is strongly discouraged.
(4)
Off-street parking shall be located to the side or rear of buildings.
(5)
The removal of mature trees and site vegetation shall be minimized as per Article
XV.
(6)
Every effort should be made to locate new structures taking
into account existing site features, the traditional development patterns
of villages within the Township, and in such a manner as to minimize
changes to the existing contours and original topography of the site.
D. This use, including parking and service areas, shall be fully buffered from all adjacent residential uses and districts as per the screening and buffering requirements for commercial uses in Article
XIX.
E. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
F. Interior roadways for access and circulation shall be provided in accordance with the standards in Article
XIX and Chapter
138, Subdivision and Land Development.
G. Establishments furnishing shopping carts shall provide defined areas
on the site for the storage of such carts that shall be clearly marked
and designed for such use.
H. Trash receptacles for patron use shall be provided outside of any
establishment with take-out service or convenience shopping.
I. The shopping center use and an individual retail use with a floor
area of 10,000 square feet or more shall contract with a security
firm to provide on-site security.
The following provisions shall apply to a single professional
office in a historic resource:
A. Except as otherwise noted in this section or chapter, the minimum lot size and area and bulk regulations shall be as stated for a single-family detached dwelling in the applicable underlying district, unless the lot size or other condition is nonconforming at the time of application for a conditional use, in which case this special use for a historic resource may be considered and such nonconformance may continue. This use shall also follow the requirements of Article
XVII.
B. This special use, not otherwise permitted in the underlying zoning
district, shall be principally contained within a Class I or Class
II historic resource.
C. In order to qualify for a conditional use hereunder and to continue
such use, a historic resource, shall be maintained, renovated, expanded,
and restored with substantial historical accuracy in accordance with
the standards recommended in the Secretary of the Interior's
Standards for Rehabilitation and also as determined by the Historical
Commission, Planning Commission, and Board of Supervisors. Testimony
as to the compliance with the foregoing must be presented on behalf
of the applicant by an architect or architectural historian competent
to testify in the matters presented.
D. Site plans, floor plans, and elevations showing both existing and new exterior and interior building alterations for the conditional use shall be included with the application for conditional use. The site plan, floor plan, and elevations, which need not meet the requirements for a subdivision and land development plan, shall demonstrate compliance with the requirements herein set forth. Photographs may be substituted for elevation drawings if no material change is proposed. Any building demolition shall be as required under Article
XVII.
E. In granting a conditional use, with the recommendation of the Historical
Commission the Board of Supervisors shall be authorized to require
the granting of facade easements and regulating or limiting the hours
of operation of the business.
F. The historic resource shall not be increased in square footage by
more than 25% of its existing floor area at the time of application.
G. The maximum number of persons occupying the historic resource during
any portion of the day for the purpose of performing the business
for which the office is used shall not be greater than one person
per 500 square feet of floor area.
H. Off-street parking spaces shall be screened from visibility from public streets and adjacent properties by fencing, walls, or natural vegetation in accordance with Article
XIX, and as determined by the Historical Commission, Planning Commission, and Board of Supervisors. Parking shall be located so as to not detract from the historic appearance of the historic resource. Parking shall meet the requirements of Article
XIX; provided, however, that the Board of Supervisors may, by conditional use approval, reduce the required parking for such use if the Board of Supervisors finds that the parking required is unnecessary and inconsistent with the preservation of the historic resource, appearance, or setting of the historic resource.
I. Trash receptacles shall be screened so as not to be visible from
the street or abutting properties except on scheduled pickup days.
J. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
The following provisions shall apply to temporary uses and temporary
structures:
A. The following temporary uses and/or structures shall be permitted:
(1)
Offices for contractors on the site and during the period of
construction only.
(2)
Sales offices for new residential development to be removed
upon the conclusion of the final sales in the development.
(3)
Temporary housing for residents displaced from the principal
residence due to damage which has made the structure uninhabitable
while the principal dwelling is being repaired.
(4)
Temporary shelter for business operations that have been displaced
from the principal building due to damage which has made the principal
structure unusable while the principal structure is being repaired.
(5)
Bloodmobile, mobile medical testing facility and similar activities
related to the promotion of public health.
(6)
Mobile office of the armed forces of the United States for public
education or recruitment.
(7)
Mobile headquarters for political campaigns for a period not
to exceed three months.
(8)
Short-term seasonal sale of plants and flowers (e.g., Christmas trees, holiday plants, and Mother's Day flowers). Permits for this use shall be limited to a period of two weeks, except for Christmas trees, which shall be limited to a period of six weeks. Sale of farm products shall be governed by the applicable provisions of §
162-2002.
(9)
A temporary community event, including but not limited to flea
markets, public exhibitions, auctions, carnivals, circuses, nonprofit
fund-raising events, and similar temporary uses. Permits for such
uses shall be limited to a period of two weeks and not more than four
occurrences in one calendar year for each organization.
(10)
Temporary outdoor portable storage unit, such as a POD®.
(11)
Other temporary uses or structures of a similar nature to those
listed above as determined by the Zoning Officer.
B. Permits for temporary uses and structures.
(1)
A temporary use and occupancy permit shall not be required for uses listed in Subsection
A, above, that are in place for three or more consecutive days.
(2)
Length of permit.
(a)
Unless otherwise specified in Subsection
A, above, temporary uses and temporary structures shall exist for a period not more than six months. Temporary use and occupancy permit may be renewed twice for an additional six-month period per extension.
(b)
At the expiration date of a temporary use and occupancy permit,
the use shall cease. In the case of a temporary structure, the structure
shall be totally removed within five days of the expiration date of
the temporary permit.
(3)
Where necessary as determined by the Zoning Officer, the applicant
shall provide plans or information to ensure adequate parking, emergency
access, road access, sanitary facilities, refuse collection, and cleanup
after the event.
A proposed timber harvesting operation shall be in compliance with the applicable provisions of Article
XV, Natural Resource Protection Standards, the stormwater management and erosion control standards of Chapter
138, Subdivision and Land Development, and any other applicable Township, county, or state regulation.
The following provisions shall apply to a transfer station:
A. The minimum area and bulk regulations shall be as specified in the
applicable underlying district in which this use is located.
B. Environmental controls.
(1)
Operation of a transfer station shall be in full compliance
with the statutes of the Commonwealth of Pennsylvania, the Rules and
Regulations of the Department of Environmental Protection (PaDEP),
and the provisions of this chapter. In the event that any of the provisions
of this chapter are less restrictive than any present or future Rules
or Regulations of PaDEP, the more restrictive regulations shall supersede
and control.
(2)
Leachate from the municipal solid waste and water used to wash
vehicles or any part of the operation shall be disposed of in a manner
in compliance with PaDEP regulations. If the leachate is to be discharged
to a municipal sewage treatment plant, appropriate permits shall be
obtained from the applicable agencies and authorities. In no event
shall the leachate be disposed of in a storm sewer, to the ground,
or in any other manner inconsistent with PaDEP regulation.
(3)
Open burning of any materials shall be specifically prohibited.
C. Litter control and buffering.
(1)
A working plan for cleanup and control of litter shall be submitted
to the Township. Blowing litter shall be confined to the work area
and controlled through the provision of a fence with a minimum height
of eight feet and a maximum height of 10 feet, with openings not more
than three inches by three inches along all boundaries.
(2)
Buffering, consistent with the standards of §
162-1908, shall be required between the fence and the street line and property line.
D. 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, every transfer station shall be protected by
locked barricades, fences, gates, or other means designed to deny
access to the area at unauthorized times or locations. Such barricades
shall be at least eight feet high but no more than 10 feet high and
shall be kept in good repair and maintained in a uniform color.
E. The entire transfer process, which includes unloading, compaction,
and loading onto the transfer trucks, shall occur inside a building.
Unloading of materials shall be continuously supervised by a facility
operator.
F. Storage of solid waste on-site.
(1)
Municipal solid waste shall not remain on the site for more
than 72 hours.
(2)
At the end of each workday, all municipal solid waste shall
be compacted in a transfer container. Oversized items and items that
cannot be compacted because of their size or construction shall be
stored in the building. These items shall not remain on the site for
more than 15 days.
G. A contingency plan for disposal of municipal solid waste during a
plant shutdown must be submitted to the Township and approved by the
Board of Supervisors.
H. A transfer station may include the separation and collection of material for the purpose of recycling if the standards of §
162-2035 for a recycling collection center are met.
I. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
The following provisions shall apply to transitional housing:
A. Transitional housing shall not be permitted within a 1,000-foot radius
of another transitional housing facility in order to avoid concentration
of such facilities.
B. Transitional housing occupancy shall not exceed a maximum of five
individuals being provided services plus resident staff. Support staff
not residing at the facility shall not be included in this maximum
number.
C. Transitional housing shall be permitted in single-family detached
residential buildings and shall comply with the applicable provisions
of the Township Building Code.
D. When proposed within an existing residential dwelling, the transitional
housing facility shall have no external alterations except as may
be necessary for reasons of safety, including fire escapes. Such access
shall be located to the rear of the building where practical. The
applicant shall submit plans indicating exterior changes. All changes
shall be easily converted to a typical residential use. Except as
otherwise noted in this section, this use shall meet other minimum
area and bulk regulations for the existing residential dwelling in
the applicable underlying district in which this use is located.
E. Transitional housing shall be provided with twenty-four-hour live-in
supervision.
F. Transitional housing must be sponsored and operated by a group, organization,
or corporation licensed by either the county or state. Proof of licensing
shall be submitted with applications for a transitional housing facility.
Proof of compliance with all applicable county or state regulations
shall be furnished to the Township prior to conditional use approval.
G. This use shall meet minimum area and bulk regulations for the residential
use in the applicable underlying district in which this use is permitted.
H. Proof of required licensing and compliance with all applicable state
and county regulations for the proposed facility shall be furnished
to the Zoning Officer prior to granting of a zoning permit.
I. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
These provisions shall apply to kennels, as defined in this
chapter, and to veterinary clinics where such uses maintain outdoor
exercise yards or provide boarding kennels as part of their services:
A. The minimum area and bulk regulations for a veterinary clinic without
a kennel shall be as specified in the applicable underlying district.
The minimum lot area for a veterinary clinic with a kennel shall be
1.5 acres. All other area and bulk regulations from the applicable
underlying district shall apply unless otherwise specified in this
section or chapter.
B. No animal shelter or outdoor exercise yard shall be located closer
than 100 feet to any residential building other than the owner's.
C. Outdoor exercise yards shall be entirely fenced to prevent animals
from leaving the property. Animals shall be placed inside an enclosed
building after 6:00 p.m., prevailing time, and shall remain inside
until 7:00 a.m., prevailing time, except for outdoor bathroom walks
as needed.
D. The sale and storage of related products shall remain accessory to
the veterinary clinic or kennel and shall occupy no more than 20%
of the floor area of the principal building.
E. All such uses shall meet all applicable Pennsylvania state licensing
and codes.
F. There shall be no outdoor storage of materials unless screened from adjoining properties in accordance with §§
162-1908 and
162-1909.
G. Except as otherwise specified in this section or chapter, parking, screening, buffering, lighting, signs, storage and display, fencing and walls, access, and other general standards shall be in accordance with the applicable sections of Article
XIX.
[Amended 7-20-2022 by Ord. No. 2022-07-20-1]
A. Purpose. It is the purpose of these regulations to promote the safe,
effective, and efficient use of solar energy systems to reduce the
consumption of nonrenewable utility-supplied energy, heat, hot water,
or any combination of the above, while protecting the health, safety,
and welfare of the residents of the Township, and while protecting
adjacent land uses through appropriate zoning and land-use controls.
Where, in the course of reviewing a permit or conditional use application
for any solar energy system, it is deemed advisable for the Township
to retain the services of the Township Engineer or any other consultant,
all reasonable costs for such services shall be borne by the applicant.
B. Exempt devices. The following devices are exempt from the requirements of §
162-2045 and are permitted by right and without a permit in all zoning districts:
(1)
Solar panels not exceeding two square feet in area that supply
energy to a single device or appliance (e.g., landscape lighting and
fountains).
(2)
Solar panels and collectors designed, used as, and having the
appearance of roof sheathing materials, including shingles, tiles,
and cedar shakes.
C. Accessory solar energy systems. An accessory solar energy system
shall be permitted in all zoning districts either by right or by conditional
use as set forth below.
(1)
Accessory solar energy systems permitted by right. Roof-mounted accessory solar energy systems, which have no solar panels or solar system appurtenances located on any part of the roof facing a street or visible from a street adjacent to the property, shall be permitted in all zoning districts as a by right accessory use, subject only to proper permitting and compliance with all applicable criteria and standards set forth in Subsection
D below.
(2)
All accessory solar energy systems that do not meet the criteria
for by right systems set forth above, including all ground-mounted
accessory solar energy systems, shall be permitted only by conditional
use in all zoning districts.
D. Criteria and standards. The following criteria and standards shall
apply to all solar energy systems unless the text clearly specifies
otherwise. Compliance with the criteria and standards shall be demonstrated
by submission of information and documentation with the building permit
application or conditional use application and evidence presented
to the Code Enforcement Officer or at the conditional use hearing,
as applicable. For additional guidance on the submission of applications
and compliance with criteria and standards, refer to the Roof-Mounted
Solar Energy System Checklist, the Checklist for Conditional Use Application
for Ground-Mounted Solar Energy System or Other Solar Energy System
that is not a By-Right System, and the Procedure for Conditional Use
Application, which are available on the Pennsbury Township website,
www.pennsbury.pa.us.
(1)
Design and permitting. The design and installation of the solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute, Underwriters Laboratories, the American Society for Testing and Materials, or other similar certifying organizations, and shall comply with the Building Code and with other applicable codes and fire and life safety requirements adopted as of the time of application. A zoning permit, building permit and other permits (e.g., electrical, mechanical) in accordance with the Building Codes adopted as of the time of application shall be required. Applicable manufacturer specifications shall be submitted as part of any permit applications along with any other documentation requested by the Zoning Officer or Building Official necessary to prove compliance with the standards set forth in this §
162-2045 and any other applicable provisions of this chapter. In addition:
(a)
All applications for roof-mounted systems shall:
[1] Include a structural certification from a structural engineer stating
that the roof can handle the additional loads imposed by the roof-mounted
solar array; and
[2] Be submitted to the Fire Code Official for review and approval.
(b)
All applications for ground-mounted systems shall include a
topography survey, including contour lines, that shows where the proposed
system is to be located.
(2)
Individual net metering. The accessory solar energy system must be an individual net metering system as defined in §
162-202 or a system that is not connected to the power grid and exclusively serves the energy needs of the property on which the system is located.
(3)
Grid interconnection. Applicants for a solar energy system connected
to the utility grid shall provide written authorization from the local
utility company acknowledging and approving such connection.
(4)
Electrical lines. All electrical lines from the solar energy
system to any building and/or other structure shall be encased and
located underground.
(5)
Glare. Solar collectors shall be manufactured and installed
so as to prevent glare or concentrated solar radiation from being
directed onto other properties or streets. Antireflective surface
materials or coatings shall be used to preclude glare to the extent
feasible.
(6)
Class 1 or Class 2 Historic Resources. If a solar energy system
is proposed to be located within 500 feet of any Class 1 or Class
2 Historic Resource, such system shall be subject to review and recommendation
by the Historical Commission on the impact on the historic resource.
(7)
Solar access easements. A solar energy system shall be located
to ensure solar access without reliance on adjacent properties. Where
necessary to ensure that solar access to a solar energy system shall
not be obstructed over time by permissible uses or activities on any
adjacent property (i.e., by planting or growth of vegetation, new
construction, etc.), it shall be the responsibility of the owner of
the solar energy system to obtain appropriate solar access easement(s)
from neighboring property owner(s) and to notify the Township upon
the recording of any such easement(s). All solar access easements
shall be recorded in the chain of title of both the property where
the system is located and the adjacent property in the Office of the
Recorder of Deeds of Chester County.
(8)
Area and bulk regulations and setback requirements.
(a)
Accessory solar energy systems. Ground-mounted accessory solar energy systems shall meet the setback requirements of §
162-2045D(10)(b) and
(c) below. The maximum height of a ground-mounted solar energy system and all solar system appurtenances shall be 10 feet above the ground elevation surrounding the system.
(b)
Principal solar energy systems. Principal solar energy systems
shall meet all area and bulk regulations and the setback requirements
of the LI District for principal uses, except that the maximum height
of a ground-mounted solar energy system and all solar system appurtenances
shall be 10 feet above the ground elevation surrounding the system.
(9)
Roof-mounted systems.
(a)
The placement and location of the solar panels shall comply
with all codes adopted as of the time of the application, including
but not limited to those related to fire protection and access by
fire personnel.
(b)
A roof-mounted solar energy system may exceed, by no more than
four feet, the applicable building height or accessory building height
limitation, but shall not exceed the height of the ridgeline of any
sloping roof upon which it is mounted.
(10)
Ground-mounted systems.
(a)
The combined surface area of all solar panels shall be 750 square
feet or less.
(b)
All solar panels and solar system appurtenances shall be located
a minimum of 100 feet from all lot lines and the street line.
(c)
All solar panels and solar system appurtenances that are located
less than 150 feet from any lot line shall be screened from view from
adjacent properties and the street by an all-season landscape buffer.
(11)
Visual impact, mitigation. The applicant shall present site
drawings and other material to demonstrate the visual impact of the
solar energy system when viewed from adjacent properties and streets.
Visual mitigation may include demonstration of the following:
(a)
Roof-mounted systems.
[1] That the visual impact(s) of the system is (are)
mitigated by distance from point of view of nearby properties or streets;
and/or
[2] That the system is designed as an integral part
of the architecture of the roof or is reasonably screened from view
due to concealment by architectural treatment of the roof (e.g., intervening
parapet or gables) or by existing topography and/or landscaping.
(b)
Ground-mounted systems.
[1] That the system is adequately screened from view
due to the presence of existing topography and/or vegetation that
provides an adequate visual buffer;
[2] That the applicant will screen the proposed system
adequately from view through introduced landscaping; and/or
[3] That the visual impact(s) of the system is (are)
mitigated by distance from point of view of nearby properties or streets.
(12)
Impervious surface. All at-grade or above-grade features and
facilities relating to ground-mounted solar energy systems, including
solar system appurtenances, shall be considered impervious surface
and shall be subject to all applicable stormwater management regulations
for introduction of additional impervious surface.
(13)
Lot coverage. The footprint of a ground-mounted solar energy
system shall be calculated as part of the overall lot coverage.
(14)
Removal of trees. The removal of trees to locate a solar energy system and/or increase the efficiency of the system shall be in compliance with §
162-1503, Natural resource protection.
(15)
Safety and security of principal solar energy systems.
(a)
Safety warnings. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations
or fences, pursuant to applicable state and federal safety warning
standards.
(b)
Security. All access doors to electrical equipment for principal
solar energy systems shall be locked or fenced, as appropriate, to
prevent entry by nonauthorized personnel.
(16)
Abandonment or disrepair. If the solar energy system is ever
abandoned or enters into a state of disrepair, it shall be the responsibility
of the property owner to remove the solar energy system or return
it to proper maintenance within six months from the date the system
enters such a state or notification from the Township.
(17)
Decommissioning. If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal shall be graded and reseeded to the satisfaction of the Township. If required by Chapter
94, Land Disturbance, as amended, a land disturbance permit shall be applied for and obtained from the Township.
[Added 6-20-2018 by Ord.
No. 6-20-2018-1]
Water processing and distribution uses must comply with the
following standards:
A. Water for use in the processing, filtration, purification, bottling,
packaging and distribution must be sourced from a municipal authority
or a public utility. Water provided from ground or surface waters
not supplied by a municipal authority or public utility is not permitted.
B. A minimum of 10 contiguous acres of gross lot area shall be required.
C. The applicant shall obtain and provide to the Township all permits
and approvals required by local, state and federal regulatory agencies.
D. The use shall be served by public or community sanitary sewage facilities
or, if public or community facilities are not reasonably accessible
to the site, on-site sanitary sewage facilities; both approved by
the Chester County Health Department and the Pennsylvania Department
of Environmental Protection.
E. All operations, equipment and storage (other than vehicular loading/unloading
and movements) shall be located inside buildings.
F. The perimeter of the property shall be completely enclosed by a security
fence.
G. All utility connection shall be installed underground, unless otherwise
required by the utility company or authority providing service.
H. All means of ingress and egress shall be located at least 300 feet
from any street intersecting the street fronting the property and
shall be designed and maintained to accommodate traffic in a safe
and efficient manner. The applicant shall be responsible for all road
and traffic improvements, including traffic signals, that may be required
by the Pennsylvania Department of Transportation or the Township.
I. In addition to demonstrating compliance with §§ 162-2049A
through H and 162-2308A, the conditional use application shall include
the following:
(1)
A Community Impact Assessment in compliance with §
138-405 of Chapter
138, Subdivision and Land Development.
(2)
An Environmental Impact Assessment in compliance with §
138-406 of Chapter
138, Subdivision and Land Development.
(3)
A Traffic Impact Study in compliance with §
138-409 of Chapter
138, Subdivision and Land Development.
(4)
A preliminary grading plan identifying the limits of disturbance,
preliminary grading and approximate final elevations.
(5)
Each of the studies and reports required by this § 162-2409I
shall include measures that will be implemented to mitigate the adverse
impacts of the use. The applicant shall be responsible to implement
the mitigation measures and for the cost of mitigation.