Article XXIV General Provisions

A nonconforming use of a building or a use previously authorized as a use variance or special exception may be extended within the building only when authorized as a special exception.

A building housing a nonconforming use or a use previously authorized as a special exception may be extended upon the lot occupied by such building held in single and separate ownership as of December 30, 1963, when authorized as a special exception, provided that the enlargement meets all of the area, yard and height requirements of the district in which the lot is located. Buildings which house a use approved as a use variance may be so extended only when authorized as a variance.

A building which is nonconforming as to the physical requirements of the district in which it is located may be altered or enlarged, provided that the alteration or enlargement itself meets all the requirements of said district or the alteration or enlargement consists of one or more additional stories or parts thereof, within the existing building footprint, not exceeding the maximum height limitation for the district in which the building is located.

Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or a more restricted classification.

Restoration. Building reconstruction to restore a building containing a nonconforming use shall commence within one year of the date the building was destroyed or condemned and shall be carried on without interruption.

[Amended 9-10-2007 by Ord. No. HR-360]

Nonresidential uses. A building containing a nonconforming nonresidential use which has been damaged or destroyed by fire or other cause to an extent of not more than 75% of its value, or a nonconforming nonresidential building which has been legally condemned, may be reconstructed and used for the same nonconforming nonresidential use, provided that the reconstructed building shall not exceed the height, footprint, area and volume of the building destroyed or condemned.

§ 208-100.1 Extension or changes of uses authorized by special exception or conditional use.

Residential uses. A building containing a nonconforming residential use which has been damaged or destroyed by fire or other cause, or a nonconforming residential building which has been legally condemned, may be reconstructed and used for the same nonconforming residential use, regardless of the extent of damage, provided that the reconstructed building shall not exceed the height, footprint area and volume of the building destroyed or condemned.

Discontinuance. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.

§ 208-100 Nonconforming lots.

A building may be erected or altered on any lot held as of December 30, 1963, in single and separate ownership which is not of the required minimum area or width, provided that the building or part thereof that is to be erected or altered complies with all other requirements of the zoning district in which it is located.

A use of a building or a lot authorized as a special exception or conditional use, either by decision of the Zoning Hearing Board or Board of Supervisors or by the enactment of or amendment to this chapter, may be extended within the building or upon the lot only when authorized as a special exception.

A use of a building or a lot authorized as a special exception or conditional use, either by decision of the Zoning Hearing Board or Board of Supervisors or by enactment of or amendment to this chapter, may be changed to a use permitted by right without further approval.

§ 208-101 Reduction of lot area.

No lot area shall be reduced in such a way that the dimensions of any of the yard, open space and/or other dimensional requirements are not able to be met.

§ 208-102 Special development regulations.

In addition to the provisions of the district in which a use is permitted, each use other than a single-family or two-family dwelling shall comply with the following special regulations, where applicable:

Landscaping. The land surrounding any permitted use, except for paved area, such as walkways, accessways, play areas and necessary parking and service areas, shall be landscaped, and each apartment house or nonresidential use shall make such other suitable screening provision as is necessary to safeguard the character of an adjacent residential area or development. All planting, fences, walls or similar structures used for screening shall be installed in such a manner as to maintain the intent of the yard areas and shall be in harmony with the general architectural design of the principal building or buildings on the lot.

Buffer area requirements. In any case where a buffer area is required, such buffer shall comply with the definition contained in § 208-6, the planting requirements in § 181-52I(3) of the Township Subdivision and Land Development Ordinance and the following additional requirements:

A plan shall be submitted for each required buffer area indicating the location, dimension and arrangement of all plantings and other natural or man-made features of the buffer area, screening, fences and walls.

A buffer area shall be used for no purpose other than planting, screening, lawns, berms or trees or appropriate walls or fences, provided that the width of the required buffer area may be reduced to provide for off-street parking in accordance with the provisions of § 208-103B(4)(b). Any wall or fence provided in conjunction with a required buffer area shall be screened or constructed in such a manner that it will not conflict with the character of the abutting district.

Each buffer area shall be located on the lot and within the district in which the use which requires the buffer is located, and it may be included in any required front, side or rear yard area.

In the case of a required buffer area, no more than one entrance and one exit shall be permitted from a lot to each street on which the lot abuts, except that an additional entrance and exit through a buffer area may be permitted when authorized as a special exception.

Street frontage development standards and access. In order to minimize traffic congestion and hazard, control street access in the interest of public safety and encourage the appropriate development of street and highway frontage:

Each use shall have not more than two accessways to any one public street for each 300 feet of frontage. Where possible, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street. No such accessway shall be less than 20 feet or more than 30 feet in width, and the location of any accessway or driveway to a public street shall be in accordance with the regulations of the Tredyffrin Township Public Works and Police Departments and shall be subject to review by those Departments.

In the case of a shopping center, group of apartment houses or similar groupings of buildings constructed as part of an integrated plan, all parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the property. All buildings shall be accessed from a marginal street, service road, common parking lot or similar area and not directly from a public street or highway. All accessways to a public street or highway shall be located at least 100 feet from the intersection of any street lines. All streets and accessways shall be designed in a manner conducive to safe exit and entrance.

All driveways, aisles, vehicular service areas or spaces between or around buildings, other than those relating to a dwelling, shall be adequately illuminated.

Group development. The following regulations shall apply in all districts where more than one building or use is permitted on a lot:

The proposed development shall be constructed in accordance with an overall plan and shall be designed as, or as part of, a single architectural and landscaping scheme, and the group of buildings as a unit shall comply with the area and yard regulations of the district.

The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open spaces, parking, utility and maintenance facilities.

Except where the provisions of a zoning district may specifically permit otherwise, the distance at the closest point between any two buildings or groups of attached buildings shall be not less than 30 feet.

All utility lines and similar facilities servicing the proposed development and its area shall be installed underground. Electric transformers shall be installed underground or in a completely enclosed building, and generators shall be enclosed by walls or landscaped to provide an adequate visual and sound screening.

Restriction on storage and outdoor display.

No materials or goods shall be stored outdoors or displayed on the exterior of a premises where they can be observed from a street or property line.

No permanent storage of materials, products or goods intended for sale or inventory shall be permitted outside a building, and no merchandise shall be displayed or offered for sale beyond the front line of a building or the side lines of a building on corner premises except during normal business hours.

In any case where the storage or sale of materials, products or goods outside a building is permitted, the area devoted to such storage or sale shall not exceed 50% of the gross floor area of the principal building to which the use relates.

Shopping cart corral areas.

Where shopping carts are provided, two shopping cart corral areas shall be provided for up to every 100 parking spaces.

Each shopping cart corral area shall be a minimum of nine feet by 18 feet and shall hold at least 72 carts for each corral area.

Such areas shall be railed-off from parking spaces so that shopping carts may be securely stored.

Such areas shall not count toward the required off-street parking areas.

Restriction on excavation.

No borrow pits shall be created for the purpose of securing fill or for any commercial purpose nor shall any strip mining of earth, soil, loam, clay or sand be conducted. This provision shall not prohibit excavation performed contemporaneously with and required by the construction of foundation or other subsurface works for a building or other structure under actual construction.

Excavation which is necessary for the development of a parcel of land for a permitted use is allowable only if:

The average elevation of the whole parcel is not thereby reduced below the average preexisting elevation of either the whole parcel or the perimeter of the parcel, whichever is less; and

Provision is made by the applicant for restoration of natural groundcover and control of soil erosion.

Exterior lighting.

All exterior lighting shall be designed and arranged so that no direct glare therefrom shall extend beyond the property lines of the lot on which they are located and to protect adjoining streets and properties from any direct or indirect glare. Where necessary, all such lighting shall be equipped with glare shielding devices.

Freestanding light standards shall not exceed the following maximum height limits:

Residential districts: 15 feet .

Nonresidential districts: 18 feet unless a greater height (but not to exceed 25 feet) is specifically approved by the Planning Commission at the time of land development approval.

Vertical architectural elements. A vertical architectural element, including but not limited to a monument, obelisk, bell tower and clock tower, may be permitted as a conditional use in an Institutional Overly, Limited Industrial or Office-Apartment District when it meets the following conditions:

Applicability. A vertical architectural element may be allowed only when it is part of an integrated building complex.

Use. If attached to a building, a vertical architectural element shall not encompass any habitable space or mechanical equipment in that portion of the element which projects above the normal allowable building height limit for the district in which it is located. If not attached to a building, the element shall not contain any habitable space, nor shall it be used for storage or to house mechanical equipment.

Lot area. A lot or lots under single ownership, encompassing 50 contiguous acres and containing at least three buildings.

Footprint area. The square foot area of a vertical architectural element shall be included in area calculations determining maximum coverage and maximum building area. Maximum area of the footprint of the vertical architectural element shall be 900 square feet. The footprint area shall not be allowed to increase from the lower portion to the upper portion.

Height. The maximum allowable height shall be 80 feet.

Restrictions. The following additional restrictions shall apply:

The vertical architectural element shall be designed to form an integrated interior part of a unified building complex. Building materials and architectural detailing shall be compatible with the image of the surrounding buildings, whether attached thereto or adjacent to them. For purposes of this subsection, the term "interior part" shall mean that part which is at least 500 feet from any property line, which property is not owned or controlled by the applicant. In addition, "architectural integration" shall be understood to mean that the vertical architectural element shall:

Serve as a visual focal point for pedestrian plazas;

Serve as a focal point for pedestrian circulation systems within the development site;

Be constructed of materials compatible with said plazas and pedestrian walkways as well as with the buildings themselves;

Bear a logical and proportional relationship to the buildings and outdoor spaces/plazas on the site; and

[5]

Be of compatible coloration and hue to the buildings and pedestrian plaza and walkway materials.

Architectural lighting of the vertical architectural element may be permitted, provided that hours during which the element is lit are restricted to between 4:00 p.m. and 9:00 p.m. and, further, that no lighting of any kind shall be permitted above a height of 40 feet.

No signage, logos or commercial symbols may be attached to a vertical architectural element.

There shall not be more than one vertical architectural element per unified building complex.

No external antennas, satellite dishes or flagpoles shall be attached to the exterior of a vertical architectural element.

Guidelines for review. In reviewing an application for conditional use to permit a vertical architectural element, the Board of Supervisors and Planning Commission shall consider the following criteria:

The appropriateness of the vertical architectural element to the surrounding areas, to the site and to buildings grouped on the site.

The degree to which the proposed development projects the image of an integrated office campus.

The degree to which the architectural detailing of the vertical architectural element is compatible with and appropriate to the scale, proportion and architectural design of the surrounding building group.

Commercial dropoff and pickup boxes, stations for letters and packages or newspaper vending machines.

All such boxes or structures which are not located within a principal building or in an enclosed entranceway thereto shall be mounted on a masonry platform or other structurally sound foundation and shall be accessible only from an internal off-street parking area or accessway.

Such boxes or structures shall not be located within a front yard area nor along the right-of-way of a public street.

Rooftop equipment, refuse containers and mechanical equipment.

All rooftop equipment or other projections shall be completely screened from view from any property. Such screening shall be designed so as to be architecturally compatible with the principal portion of the building and shall be constructed of materials which are harmonious with those of the principal portion of the building.

§ 208-102.1 Special development regulations designed to control noise pollution.

All permanent refuse containers and mechanical equipment shall be completely screened from ground level view from any property.

Security gates, grates and shutters. Any security gate, grate or shutter, including window grilles in a commercial district, shall have a ratio of open to solid portions of four to one and shall be installed on the inside of the building. All gates, grates and/or shutters and mechanical parts in an open position shall not be exposed.

Corner lots and sight distance. On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.

Wetlands and PNDI Sites. Unless a greater distance is required by state and/or federal regulations, the minimum setback for improvements from a wetlands or PNDI site shall be 50 feet. The Zoning Hearing Board may approve a reduction of the wetland or PNDI site buffer if, upon review, it determines that such a reduction is justified due to specific circumstances related to the location or quality of the wetland or PNDI site in question.

[Added 8-14-2006 by Ord. No. HR-355]

In order to protect the health, safety, quality of life, preservation of property values, and general welfare of the residents of the Township and the historical, recreational, and natural features and resources located within the Township, no development shall be permitted, approved, or allowed within the Township and no use shall be permitted, approved or allowed within the Township which causes sound levels to exceed the following special regulations:

Exemptions. These regulations shall not apply to the following:

Uses in existence or approved by the Township as of the effective date of this amendment, which uses are not being increased or expanded.

Construction.

Development of roads or streets upon which direct access from adjacent properties is legally permitted.

Rail carriers.

Air carriers.

Public speaking and public assembly activities.

Emergencies.

Emergency work.

Residential uses.

Domestic power tools.

(11)

Cultural, educational, religious, entertainment, athletic, or civic events, including, but not limited to, concerts, music festivals, and fireworks displays.

(12)

Alarms and other devices to alert people as to the existence of an emergency.

(13)

Work or activities performed or sponsored by schools and Township agencies or their contractors in the performance of public works.

(14)

Organized play or recreation, playground activities, parks and the like.

(15)

Snow removal activities.

(16)

Church bells and carillons.

Authorization. This section is adopted by the Township in implementation of the following statutes, rules and regulations:

Federal Noise Control Act of 1972, 49 U.S.C. Section 4901 et seq., as amended, and, more specifically, Sections 4903(b), 4904, 4911, 4913, and 7641(c), and regulations adopted pursuant thereto.

Constitution of the United States, Amendments X and XIV.

Constitution of the Commonwealth of Pennsylvania, Article I, Sections 1 and 27.

Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, and, more specifically, § 1671 and Articles V and VI.

Federal Aid Highway Act of 1970, 23 U.S.C. Sections 109(I) and 182, as amended, and regulations adopted pursuant thereto.

Pa. Highway Act, 36 P.S. §§ 1981 and 2718.113, as amended.

PennDOT Regulations, including, but not by way of limitation, Revised Noise Handbook PennDOT Publication #24, dated January 28, 2002.

Federal Highway Administration (FHWA) Regulations, including, but not by way of limitation, Title 23, Code of Federal Regulations, Part 772 (including Table 9).

National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. Section 4331, as amended.

World Health Organization, Community Noise (Brigitta Berglund, Thomas Lindvall and Dietrich H. Schwela, eds., Stockholm University and the Karolinska Institute 1999), and Guidelines for Community Noise of the World Health Organization in Geneva, Switzerland.

Prohibition of noise disturbance. It shall be unlawful for any person to construct, expand, develop, or allow the use of any property which causes, allows, enables, or permits any unreasonably loud, unnecessary, and/or unusual sound which disturbs the peace or quiet of any residential area, or which causes discomfort or annoyance to any person of normal sensitivities residing in the area without a permit granted pursuant to § 208-138. Every activity to which this section is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness.

General standards. The general standards which may be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

The level of noise;

Whether the nature of the noise is usual for a residential area or unusual;

Whether the origin of the noise is natural or man-made;

The level and intensity of the background noise, if any;

The proximity of the noise to residential sleeping facilities;

The nature and zoning of the area within which the noise emanates;

The time of the day and night the noise occurs;

The duration of the noise;

Whether the noise is recurrent, intermittent, or consistent; and

The effects on public health, safety, property values, and general welfare.

Specific standards.

Notwithstanding the general standards and any other provisions of this section, and in addition to and in implementation of the general standards, the following specific standards shall be applicable:

Average outdoor A-weighted sound levels shall not exceed 55 dBA during daytime hours and 50 dBA during nighttime hours. Such average sound levels shall be calculated as a continuous stream of one-minute moving averages. Each point used in the comparison shall be determined as the arithmetic average of all instantaneous readings occurring within the prior one-minute time window.

Impulsive A-weighted sound levels shall not exceed 145 dB on one occasion in a twenty-four-hour period, 135 dB on 10 occasions in a twenty-four-hour period, and 125 dB on 100 occasions in a twenty-four-hour period.

§ 208-103 Off-street parking and loading requirements.

Sound levels of noise radiating from a property line at a distance of 25 feet or more therefrom in excess of the dB established for the stated time periods shall constitute prima facie evidence that such noise is a public nuisance.

Approval of plans. No plans for construction of new facilities or for expansion of existing facilities will be approved unless such plans include all control measures necessary to ensure that the proposed daytime and nighttime average sound levels do not exceed the specific standards and are consistent with the general standards and best management practices have been utilized for the mitigation of noise disturbances.

Absorptive sound barriers. The use of absorptive sound barriers will be consistent with the general standards and will satisfy the specific standards if they are properly placed within the right-of-way of the proposed road or the expansion of the existing road and are of sufficient height, thickness and length to be consistent with the maximum sound levels permitted herein on the residential side of the barriers.

Interpretation of provisions. In interpreting and applying the provisions of this section, they shall be held to be the minimum requirements for the promotion of the public health, safety, quality of life, preservation of property values, and general welfare of the residents of the Township and historical, recreational, and natural features and resources located within the Township. When the provisions of this section impose greater restrictions or requirements than those of any statute, other ordinance, section or regulation, the provisions of this section shall control. When the provisions of any statute, other ordinance, section or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, section or regulation shall control. The adoption of this section shall not affect, amend or alter any other ordinances or regulations of the Township, which are hereby expressly saved from repeal. In the event of conflict between these standards and standards established by any other governmental agency, the more restrictive standards will apply in order to achieve the maximum reduction of noise disturbances.

[Amended 5-23-2010 by Ord. No. HR-384; 12-2-2013 by Ord. No. HR-399; 1-18-2022 by Ord. No. HR-447; 9-19-2022 by Ord. No. HR-456; 4-21-2025 by Ord. No. HR-490]

General requirements.

All parking spaces designed to serve a lot or development must be provided off street. No on-street parking space or any part of a public or private street may be utilized to comply with the off-street parking requirements of this section.

Parking spaces may be located in any required yard, except a front yard in a residential district or in a required buffer yard, unless otherwise provided below.

A required parking space may be located in a front yard in a residence district where authorized as a special exception.

In the case of outdoor recreational use in the Rural-Conservation Districts as permitted in § 208-12F(3), a required buffer or planting area may be reduced for the purpose of providing off-street parking to not less than 30 feet from a street or any other lot line, provided that the parking area is suitably screened and buffered.

Parking areas must be designed to facilitate access thereto, and the free flow of pedestrian and vehicular traffic. Parking lots must be designed so that vehicles are not required to back out on the street. The lot must provide adequate stacking area and circulation within the lot to prevent backup of vehicles on a public street while awaiting entry to the lot.

All parking spaces must be lined and spaces reserved for parking marked.

Pedestrian walkways and crosswalks must be provided within any parking area containing more than 60 cars, or where any parking space is located more than 100 feet from the entrance to any building served by the parking facility. Pedestrian walkways and crosswalks must be a minimum of four feet wide, and adequately marked and lighted.

Concrete wheel stops or curbs must be provided to prevent vehicle overhang on any driveway, access aisle, sidewalk, pedestrian walkway, or landscaped area.

All parking lots must be landscaped in accordance with the requirements of § 181-52D. All parking areas must be adequately illuminated in compliance with all Township regulations.

All parking areas must be graded to prevent drainage onto adjoining properties and to prevent ponding of stormwater within the parking areas, pedestrian walkways, or crosswalks. The maximum gradient across any parking space cannot exceed 7.5%.

All dead-end areas must be designed to provide sufficient backup and turnaround area for end stalls.

Adequate areas must be reserved on the perimeter of all parking areas for the temporary storage and drainage of snow. Such areas cannot consist of required landscaped areas or areas with shrubs and trees, must be located near effective drainageways, and must be designated on all plans.

(11)

The minimum radius curvature of any curbline must be a minimum of five feet.

(12)

Outdoor parking spaces and loading/unloading areas shall be constructed of 2 1/2 inches of ID-2 over six inches of crushed aggregate base course except for the following:

A higher construction standard may be required in commercial and industrial developments where a higher than normal volume of heavy vehicles or equipment is anticipated.

The use of concrete, brick, or block paving surfaces must be used where called for in the Comprehensive Plan of Tredyffrin Township. The design and construction specifications for such materials must be approved by the Township Engineer.

Parking stall and access aisle dimensions. Off-street parking spaces and drive aisles within a surface parking lot must be designed in accordance with Table 103.1: Off-Street Parking Space Dimensions.

Table 103.1: Off-Street Parking Space Dimensions
Parking Angle	Stall Width (A)	Stall Depth (B)	Skew Width (C)	Aisle Width Two-Way (D)	Aisle Width One-Way (E)	Vertical Clearance
0° (parallel)	9	20 feet	9 feet	24 feet	12 feet	7 feet 6 inches
90° (head-in)	9 feet	18 feet	9 feet	24 feet	20 feet	7 feet 6 inches
60°	9 feet	21 feet	9.8 feet	-	18 feet	7 feet 6 inches
45°	9 feet	19.8 feet	12 feet	-	12.5 feet	7 feet 6 inches

Off-street parking space requirements. In all districts, off-street parking or garage spaces with proper access from a street, alley or driveway shall be provided in the amounts indicated in this section. Such parking spaces must be provided on the lot on which the principal building is erected or converted, except where shared parking is authorized. In no case may the number of parking spaces provided per use be less than the number required below, nor shall the number be subsequently reduced to an amount less than required hereunder for a new building or new use.

Dwelling, single-family detached, single-family semidetached and two-family detached: at least two parking spaces or garage spaces for each dwelling unit.

Dwelling, single-family attached, two-family attached, two-family semi-attached, multifamily: at least 2.5 parking or garage spaces for every dwelling unit therein, new or converted.

(2.1)

Dwelling, residential conversion: at least 1.5 parking or garage spaces for every one-bedroom unit and at least two parking or garage spaces for each two-bedroom unit.

Bed-and-breakfast, boardinghouse or rooming house: at least two parking spaces, plus at least one parking or garage space for each room for rent.

Low-impact home-based business and other permitted accessory residential uses: at least three parking spaces in addition to any other off-street parking requirements.

No-impact home-based business: no additional parking is required beyond the parking requirements for the residence that is the principal use.

Hotel or motel: at least one space for every guest room or rental unit and 50% of the required amounts for any additional uses on the site.

Church, synagogue or similar places of worship: at least one parking space for each four seats in the sanctuary or main assembly room.

Nursery school or day-care center: at least one parking space per employee plus one space for every five enrolled individuals.

School, elementary: at least two off-street parking spaces for each classroom plus off-street loading space for at least five school buses.

School, junior high or middle: at least two off-street parking spaces for each classroom, plus one space for each three seats in the auditorium or gymnasium, plus off-street loading space for at least seven school buses.

(11)

School, senior or secondary: at least 10 off-street parking spaces for each classroom, plus one space for each three seats in the auditorium or gymnasium, plus off-street loading space for at least seven school buses.

(12)

School, post secondary or trade: at least one space for each student, based on the design capacity of the building, plus one space per 300 square feet of office area.

(13)

Auditorium, theater, cinema, gymnasium or any other place of public or private assembly: at least one space for each four seats at maximum seating capacity, including temporary seats.

If one or more of the above facilities is located within an educational building or building complex, the number of parking spaces required under Subsection C(9), (10), (11) or (12) preceding may be credited against the requirements of this subsection.

If one or more of the above facilities is located within an existing shopping center, parking spaces based on the gross floor area of the shopping center to be occupied by this use may be credited against the requirements of this subsection for the specific use.

(14)

Restaurant: at least one parking space for each 75 square feet of gross floor area or fraction thereof.

(15)

Retail store or shop or convenience store: at least one parking space for every 300 square feet of gross floor area or fraction thereof.

(16)

Personal service establishment: at least one parking space for every 300 square feet of gross floor area or fraction thereof.

(17)

Multi-tenant retail center served by a common parking area: at least one parking space for each 200 square feet of gross floor area or fraction thereof, exclusive of basements if not used for the sale or display of merchandise.

(18)

Office building, bank or other financial institution, medical clinic building or public utility office: at least one parking space for each 250 square feet of gross floor area or fraction thereof.

(19)

Wholesale and/or warehouse establishment: at least one parking space for each 500 square feet of gross floor area or fraction thereof.

(20)

Laboratory or industrial establishment: at least one parking space for each 500 square feet of gross floor area or fraction thereof of office and/or research areas and one space for each 20,000 square feet of gross floor area or fraction thereof of warehouse space.

(21)

Automobile repair station without a retail convenience store: at least one parking space, either within or without the structure, for each 200 square feet of floor or ground area or fraction thereof devoted to repair or service facilities.

(22)

Health care facility: at least one parking space for each 250 square feet of gross floor area or fraction thereof.

(23)

Residential care facilities for older persons and skilled nursing facilities: one parking space per two permanent beds approved unless otherwise a greater number is determined by the Zoning Officer after taking into consideration the number of units, occupancy per unit and number of employees.

(24)

Swim club, golf club or similar recreational area: at least one parking space for each five persons or two families in membership, whichever is applicable.

(25)

Fitness centers or spas: at least one space each 250 square feet of gross floor area or fraction thereof.

(26)

Other building or use. For any building or open area used for a purpose not covered above, a sufficient number of spaces as determined by the Zoning Officer on the basis of requirements of the individual case and consistent with the principles set forth above for the most comparable use.

(27)

Student home: at least three off-street parking spaces; the required off-street parking spaces cannot be located within a required yard.

(28)

Short-term rental: at least two parking or garage spaces for every dwelling unit therein.

(29)

Self-storage facility: at least one parking space for each 1,000 square feet of gross floor area or fraction thereof. Parking spaces dedicated to the storage of recreational vehicles, boats, campers, trailers, or similar vehicles shall not be considered in the calculation of required parking.

Shared parking. Within the nonresidential districts, off-street parking spaces for separate uses may be provided collectively if the aggregate number of spaces provided is not less than the sum of the spaces required in Table 103.2: Shared Parking Calculation. Table 103.2 is applied in the following manner:

The required number of spaces for each use is calculated according § 208-103C.

The required number of spaces for each use is then applied to the percentages for each time frame, according to the appropriate land use category, in Table 103.2 to determine the number of required spaces. This is done for each time frame category.

The numbers are summed for all land uses within each time frame and the highest sum total in a time frame is the required number of spaces.

Table 103.2: Shared Parking Calculation
Land Use	Weekday			Weekend
Land Use	Midnight to 7:00 a.m.	7:00 a.m. to 6:00 p.m.	6:00 p.m. to Midnight	Midnight to 7:00 a.m.	7:00 a.m. to 6:00 p.m.	6:00 p.m. to Midnight
Residential	100%	100%	100%	100%	100%	75%
Commercial	0%	100%	80%	0%	100%	60%
Restaurant	50%	70%	100%	45%	70%	100%
Hotel/motel	100%	50%	90%	100%	65%	80%
Indoor/ outdoor place of amusement	0%	70%	100%	5%	70%	100%
Office	5%	100%	5%	0%	40%	10%
Industrial	5%	100%	5%	0%	60%	10%

Reserved parking. However, the Planning Commission may reduce by not more than 25% the number of parking spaces required to be initially paved for a residential use or for a use or establishment, which involves few residents, employees, customers, or visitors relative to building area. In such case, the plan submitted must show that sufficient land is properly identified and reserved to meet the full requirements of this section, at such time as any such additional parking space may be required. If the reduced number of parking spaces proves to be inadequate, the Board of Supervisors will require an increase in the number of available parking spaces to provide adequately for residents, employees, customers, and visitors, up to the full requirement for the building or use involved.

Parking structure design requirements.

On facades that front on public streets, facade design and screening must mask the interior ramps and create the illusion of horizontality.

All parking structures are subject to the required setback and buffer yard provisions.

Stand-alone parking structures (principal use of a site) are limited to the height of the zoning district. Attached parking structures are limited to a height that is at least 10 feet less than the principal building height.

On facades that front on public streets, parking structures must be designed to minimize blank facades through architectural detail and landscape. The design of the exterior of the parking structure must be compatible with the exterior design of the principal structure to the extent that the parking facility is clearly identified with the principal structure. Building materials used for the parking structure must be the same as those used on the principal structure. Where the parking structure is attached to the principal structure, the facade treatment of the principal structure must be extended onto the parking structures. Parking structures as a principal use of a lot must meet the district design standards as applicable.

On portions of the ground floor facade where parking spaces are visible from the public right-of-way, a decorative fence and landscape or a kneewall is required to screen parking spaces. Such fence or kneewall must be a minimum of four feet in height. (See Figure 103.1: Parking Structure Screening.)

Figure 103.1: Parking Structure Screening

For parking structures with rooftop open-air parking, a five-foot parapet wall is required for screening.

Any parking structure or group of parking structures containing 200 or more parking spaces must provide a grade separated pedestrian walkway connecting the parking facility with the principal structure(s).

A vehicular clear sight zone must be included at vehicular exit areas as follows (See Figure 103.2: Clear Sight Zone.):

The facade of vehicular exit areas must be set back from any pedestrian walkway along that facade a minimum of eight feet for the portion of the facade that includes the vehicle exit area and eight feet on each side of the exit opening.

A sight triangle is defined by drawing a line from the edge of the vehicular exit area to a point on the property line abutting the pedestrian walkway eight feet to the side of the exit lane.

In the sight triangle (bound by the parking structure wall, pedestrian walkway and vehicular exit lane), ground cover, landscape, or decorative wall must be used to act as a buffer between the exit aisle and the pedestrian walkway. Landscape or a decorative wall must not exceed three feet in height in order to maintain driver sight lines to the pedestrian walkway.

§ 208-104 Off-street loading and unloading space.

The upper story facade(s) of the parking structure may overhang the vehicular clear sight zone.

Figure 103.2: Clear Sight Zone

Adequate off-street loading and unloading space with proper access from a street, highway, common service driveway or alley shall be provided on any lot on which a building other than a dwelling, apartment house, rooming house, boardinghouse or permitted accessory use is located. The off-street loading and unloading space shall be in addition to the required off-street parking space, and in no case shall the required space be less than one.

Each space shall consist of a twelve-foot by thirty-foot area for vehicles, such as passenger cars and panel or pickup trucks or a fourteen-foot by fifty-five-foot space for larger vehicles, such as buses and tractor-trailer type trucks. The height clearance in both cases shall be at least 15 feet.

All areas for the loading and unloading of delivery trucks and other vehicles and for the servicing of establishments or shops by refuse collection, fuel and other service vehicles shall have adequate and unobstructed access from a street, service driveway or alley and shall be so arranged that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities or pedestrianways.

For commercial establishments providing drive-through customer service, the following shall apply:

Each door, window, canopy or other position or facility used for such service shall be provided with a separate waiting lane. Each such waiting lane shall be not less than 10 feet wide and 120 feet long.

Each such waiting area shall be located entirely within the confines of the lot, shall be continuously separated from street or property lines by landscaped and curbed planter beds a minimum of 10 feet wide and shall not block or cross normal circulation patterns, entrances or exits.

§ 208-105 Prohibited uses.

In no district shall a building or lot contain any use which is noxious or offensive by reason of odor, dust, smoke, fumes, vibration, illumination or noise, or which constitutes a public hazard whether by fire, explosion or otherwise.

In determining whether a proposed use is or may become noxious, hazardous or offensive, the proposed use or operation shall comply with the following performance standards and with any more specific standards of a nationally recognized agency for a particular business or industry as may subsequently be adopted by resolution or ordinance.

There shall be no emission of smoke, fumes, odor, dust or other particulate matter in such quantities as to be evident or perceptible at the property line of any lot on which a use is conducted, except as follows:

There shall be no emission of noxious, toxic or corrosive fumes, gases or odor and no emission of dust or other particulate matter in excess of the limits set forth by the Pennsylvania Department of Environmental Protection and/or the United States Environmental Protection Agency and/or any other agency having jurisdiction.

In no case shall the smoke emitted exceed a density described as No. 1 measured by a standard Ringelmann Chart as prepared by the United States Bureau of Mines; provided, however, that smoke of a density not in excess of No. 2 on a Ringelmann Chart will be permitted for a period not in excess of four minutes in any thirty-minute period.

A kiln shall be fired by oil, gas or electricity. No individual kiln shall exceed 200 cubic feet in capacity, and no process shall contain a blast or reverberatory furnace or foundry.

The proposed operation or use shall not endanger surrounding areas by reason of an unusual fire, explosion or other safety hazard.

No use shall produce perceptible heat, glare or radiation beyond the property line. All necessary devices shall be so installed as to eliminate glare at the property or boundary line.

No use shall result in electrical or other interference with any use, process, equipment, appliance or device located beyond the property lines of the property on which the use is located.

There shall be no surface or subsurface discharge or disposal of any wastes, either liquid or solid, by any process or in any form without prior written approval of the Pennsylvania Department of Environmental Protection and the Board of Supervisors. Where public sanitary sewers are available within a reasonable distance, such facility or use shall be connected to the sewer system, subject to the regulations and requirements thereof. Where public sanitary sewers are not available, a private sewage treatment plant may be permitted or an existing private plant may be utilized only when approved by the Pennsylvania Department of Environmental Protection and the Board of Supervisors. Provision shall be made for water supply, fire protection, stormwater drainage and other utilities.

The applicant for a permit to construct a proposed business or processing use, when requested, shall demonstrate as a condition of approval:

That the proposed use will comply with the standards contained or referred to in Subsection A above; and

That adequate provisions will be made to ensure that the proposed use will not be noxious, hazardous or offensive, as defined above.

In order to determine that adequate safeguards are provided, the Zoning Officer may:

Require that the applicant submit necessary information, plans, impartial expert judgments and written assurances;

Obtain the expert advice of official agencies or of private consultants; and

§ 208-107 Density averaging provisions.

Make such reasonable tests as are deemed necessary.

§ 208-106 Conversion of dwellings.

In Residence, Rural-Conservation, Planned Apartment and Office-Apartment Districts, a single-family detached dwelling, existing at the effective date of this chapter, may be converted into and used as a two-family or a multifamily dwelling for no more than four dwelling units when authorized as a special exception, provided that:

The plans for the conversion of said dwelling shall be submitted to the Zoning Hearing Board.

Such plans shall provide adequate and suitable parking or storage space, at a safe distance from the public highway, subject to the requirements of § 208-103.

Such dwelling shall be subject to the height, area, bulk, width and yard regulations effective in the district wherein the dwelling is situated, except that there shall be a lot area not less than the product of the minimum lot area prescribed in the district regulations and the number of families for the use of which such dwelling is to be converted.

There shall be no external alteration of the building except as may be necessary for reasons of safety, and fire escapes and outside stairways shall, where practicable, be located to the rear of the building.

The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such dwelling and may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling and to the use of the lot as the Zoning Hearing Board may consider appropriate.

Purpose. To achieve a better and more attractive pattern of residential development than is possible under conventional zoning district requirements applicable to individual lots, the lot area requirements of R-1/2 and R-1 Residence Districts may be modified for residential development in compliance with the requirements of this section. Among the objectives of this provision are to:

Allow and encourage flexibility in the design and development of land.

Facilitate the efficient provision of streets and utilities.

Conserve and protect environmentally sensitive areas.

Ensure the protection and preservation of areas or structures with particular historic significance.

Provide a complementary balance of common open space and sound residential development.

Area requirements.

The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by all owners of the entire tract.

The tract of land for which a plan is submitted shall be not less than 10 acres in area.

The requirements applicable to an individual lot may be changed as follows:

In an R-1/2 Residence District:

There shall be a lot area of not less than 40,000 square feet and a lot width of not less than 150 feet at the building line.

There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 40 feet.

There shall be two side yards not less than 50 feet in aggregate width and neither less than 25 feet in width.

There shall be a rear yard, the depth of which shall be at least 50 feet.

In an R-1 Residence District

There shall be a lot area of not less than 20,000 square feet.

There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 25 feet.

There shall be two side yards not less than 40 feet in aggregate width and neither less than 15 feet in width.

There shall be a rear yard, the depth of which shall be at least 40 feet.

Except for the lot area and yard requirements, all other requirements of the district shall apply.

Number of dwelling lots permitted. The purpose of this subsection is to determine the permissible number of lots for which a specific tract may be developed under the density averaging provisions, accounting for the physical uniqueness of each site. To determine that number when applying for development approval pursuant to this provision, an applicant shall be required to submit a yield plan which shall demonstrate compliance with all applicable standard requirements of this chapter and the Township Subdivision and Land Development Ordinance.[1]

To ensure that the site's natural features are accurately taken into account during the process of developing this yield plan, a Natural Features Conservation Plan shall be prepared and submitted with the yield plan. The Natural Features Conservation Plan shall be prepared in compliance with § 181-36D in the Township Subdivision and Land Development. Should application of the density averaging provisions be approved, the Natural Features Conservation Plan shall be resubmitted with the cluster plan, along with all other plans and documentation required by this chapter and the Township Subdivision and Land Development Ordinance.

Once the number of dwelling units that is achievable from the yield plan has been approved by the Township Planning Commission and Zoning Officer, then that number of dwelling units shall be the maximum number incorporated into a cluster plan. In no case shall the number of dwelling lots permitted on a tract of land exceed the number which would have been permitted were the district regulations not modified in accordance with this provision.

Editor's Note: See Ch. 181, Subdivision and Land Development.

Open space.

In order to satisfy the stated purpose of this section, a percentage of the area of the tract shall be designated as common open space reserved for the use of residents of the proposed development, by residents of the Township or by the public in general.

The minimum open space requirement shall be an area equivalent to not less than 25% of the area of the tract that is net of any environmentally sensitive areas such as floodplains, wetlands or steep slopes.

A total of not more than 5% of the open space land area may be covered by impervious surface.

Any area or areas satisfying the minimum open space requirement shall be contiguous to the residential areas of the development, shall have a minimum width of 100 feet and shall be appropriate and in a condition suitable for such uses as active recreation, park sites, woodland and wildlife preserves, floodplain conservation and for the preservation of other scenic or historic features so as to contribute to neighborhood attractiveness, further the purpose of this section and be consistent with the plan and policy for future land use for the Township, and shall contain no structures other than those for outdoor recreational use or historic preservation.

Areas for common open space use may be dedicated to the Township or other governmental agency; conveyed to a private, nonprofit conservation organization; or retained and managed by a legally constituted homeowners' association. To be dedicated to the Township, the area must be acceptable to the Township Board of Supervisors. Satisfactory written agreements or other arrangements acceptable to the Township Board of Supervisors shall be made for the ownership, perpetuation and maintenance of all common areas not dedicated to the Township.

General provisions.

The application for development shall be accompanied by a plan or plans for the entire tract, which shall clearly designate the intention of the applicant for the ultimate ownership and maintenance of all common areas and the proposed use of each area of the tract.

No land of such size as to be capable of further subdivision under the regulations of any district shall be included in determining the average lot area or satisfying the requirement for common open space, unless the possibility of such further subdivision is eliminated by a note on the duly recorded subdivision plan, and by a deed restriction, conservation easement or agreement in a form acceptable to the Township Solicitor and duly recorded in the Office of the Recorder of Deeds of Chester County, or by dedication to the Township for park or other open space. Notwithstanding the existence or nonexistence of such deed restrictions, no land that has been included in determining the average lot area may be further subdivided, except that lot line revisions may be permitted where such revisions do not result in the creation of any additional lots.

Each dwelling shall be served by public water supply and by public sanitary sewers, except that in R-1/2 Districts, the Board of Supervisors may approve alternate facilities which will assure adequate supply and disposal.

Conditional uses.

The following conditional uses are permitted when authorized by the Board of Supervisors, following review and recommendation by the Township Planning Commission.

The provisions of § 208-107D above related to required common open space areas may be modified as follows:

All or part of the area which would have been designated as common open space may, instead, be allocated to one or more of the proposed lots in order to preserve, perpetuate or maintain the inherent character of a farm, nursery, estate, historic structure or similar permitted residential or agricultural use.

The maximum impervious surface for the required common open space may be increased to 10% to preserve the character of a historic structure or for a recreation use on a lot of at least five acres, subject to the requirement that the area with the impervious surface be substantially screened from view at the property line through the use of plantings or berms.

Where the minimum open space requirement is increased to an area equivalent to not less than 40% of the area of the tract that is net of any environmentally sensitive areas such as floodplains, wetlands or steep slopes, the area requirements in the R-1/2 District may be modified such that not more than 20% of the lot area may be covered by impervious surface.

Where the minimum open space requirement is increased to an area equivalent to not less than 30% of the area of the tract that is net of any environmentally sensitive areas such as floodplains, wetlands or steep slopes, the area requirements in the R-1 District may be modified such that not more than 40% of the lot area may be covered by impervious surface.

The application for a conditional use shall be made simultaneous to and in conjunction with an application for subdivision under the terms of Chapter 181, Subdivision and Land Development, and subsequent approval of the conditional use application shall be made subject to approval of the subdivision application and vice versa.

§ 208-108 Minimum lot sizes and widths with respect to on-lot sewage disposal and water supply.

In any instance where the Board of Supervisors is required to consider a request for a conditional use in accordance with the provisions of this chapter, the Board shall, to the full extent permitted by law, base its decision on those same factors and standards contained in § 208-150 for the review of special exceptions and variances. The provisions of § 208-150 related to special exceptions and variances shall, therefore, be applicable to conditional uses as well.

In any area of the Township which is not served by sanitary sewers, the lot area requirements shall be not less than those prescribed below. Where the district requirements are more restrictive, the district requirements shall apply.

In all sections of the Township which are served neither with sanitary sewers nor with public water supply, lots shall have a minimum area of one acre and a minimum width at the building line of 150 feet.

In all sections of the Township which are served with public water supply, but not with sanitary sewers, lots shall have a minimum area of 18,000 square feet and a minimum width at the building line of 85 feet.

All apartment houses and multifamily dwellings shall be served by both public water supply and sanitary sewers.

§ 208-109 Front yard projections and exceptions.

Projections. No building and no part of a building shall be erected within or shall project into the required front yard except cornices, eaves, gutters or chimneys projecting not more than 18 inches; steps; bay windows not extending through more than one story and not projecting more than five feet; open balconies and terraces; patios and decks; or fences and walls not more than four feet in height.

Public transportation shelters. When approved by the Tredyffrin Township Planning Commission, shelters may be located within the required front yard and/or within a road right-of-way.

§ 208-110 Side yard projections.

No building and no part of a building shall be erected within or shall project into the required side yard except cornices, eaves or gutters or chimneys projecting not more than 18 inches; steps, patios and terraces; or fences and walls in accordance with § 208-119 hereof, except as otherwise provided in this chapter.

§ 208-111 Rear yard projections.

No building and no part of a building shall be erected within or shall project into the required rear yard, except the following: cornices, eaves, gutters or chimneys projecting not more than 18 inches; bay windows and balconies not extending through more than one story and not projecting more than five feet; open steps, one-story decks and porches; patios and terraces; or fences and walls in accordance with § 208-119 hereof, except as otherwise provided in this chapter.

§ 208-111.1 Yards in corner lots.

Side yards. At least one side yard shall be provided, and the applicant may choose which non-front yard is to be considered the side yard.

Rear yards. At least one rear yard shall be provided and the applicant may choose which non-front yard is to be considered the rear yard.

§ 208-112 Accessory uses and accessory buildings.

Accessory buildings and structures shall be subject to the following requirements:

In the RC, R-1/2, R-1, R-2, R-3 and R-4 Districts:

Private swimming pools, tennis courts, private garages in accordance with § 208-103B(8), sheds and other accessory buildings and structures not specifically covered in Subsection B hereof shall not be located in the area extending the full width of the lot between the principal building and any street line. An accessory building shall be erected six or more feet from the side or rear lot line, as long as the structure does not exceed 144 square feet and is not more than 10 feet in height. Any building exceeding 144 square feet or 10 feet in height must meet the yard and height regulations of the zoning district in which it is located.

Paddle tennis court or other similar elevated or enclosed structures for outdoor recreation purposes, when authorized as a special exception. In its deliberations, the Zoning Hearing Board shall give special consideration to the appropriateness of the proposed use in the proposed location, the provisions of § 208-150 and the following:

Such paddle tennis court or recreation structure shall not be located within 40 feet from any property line.

Outdoor lighting shall be designed and arranged to protect adjoining uses from glare or direct reflection, and screening shall be provided to minimize the effects of such a use on adjoining properties.

A site plan shall be submitted indicating the location of proposed use, existing uses, yard dimensions, screening, landscaping, lighting and other features indicating compliance with the above requirements.

§ 208-114 Minimum habitable floor area.

In a Rural-Conservation or Residence District, any accessory building or structure which is industrial or nonresidential in appearance, such as a pump station or maintenance shop, shall be located so as not to be observable from a street or property line.

Except where the provisions of a zoning district may specifically permit otherwise, in nonresidential districts accessory buildings and structures may be separate from the principal building, provided that such building shall not encroach upon or extend into any of the required yards.

§ 208-113 Building height projections.

Spires, towers, elevator penthouses, mechanical equipment, tanks, satellite dishes, antennas and similar projections shall be included in calculating the height of a building, except that the foregoing projections may exceed the height limitations of the underlying zoning district by not more than 10 feet if such projections do not occupy more than 20% of the area of the uppermost floor or nonpeaked roof. Chimneys shall be excluded in calculating the height of a building.

No one-story single-family dwelling erected on any lot shall have a floor area of less than 900 square feet, and no two-story single-family dwelling erected on any lot shall have a floor area of less than 1,200 square feet, exclusive of all porch areas (whether enclosed or not) and garage areas.

§ 208-115 Cellular towers and equipment.

Purpose. The purpose of these standards for construction and facilities siting is: to accommodate the need for cellular communications antennae while regulating the location and number of towers in the Township; to minimize adverse visual effects of towers through careful design, location and vegetative screening; to avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; to maximize the use of any new or existing transmission tower to reduce the number of towers needed to serve the community; and to limit radiation emitted by telecommunications equipment so that it will not adversely affect human health.

Antennas.

Communications antennas attached to or mounted on an existing public utility building, structure or pole, existing communications tower, water tower or other nonresidential building or structure are permitted by right if the height of the antenna does not exceed the height limitations of the applicable zoning district by more than 10 feet, subject to the requirements of § 208-113.

Antennas shall be constructed to simulate the architectural facade and/or color of the building or object to which it is attached.

Communications antennas or satellite dishes larger than two feet in diameter may not be attached to or mounted on residential buildings, including apartments, nursing homes, personal care facilities and boarding schools or dormitories or buildings accessory to these uses.

Cellular tower sites.

Use, bulk and height regulations.

A cellular tower site may be permitted, in addition to other permitted uses on the same lot, in the LI Limited Industrial District, the PIP Planned Industrial District or on any parcel used exclusively for municipal use when authorized as a special exception, following review and recommendation by the Planning Commission, so long as the height of the structure does not exceed 75 feet and the proposed development otherwise conforms to all other area and bulk requirements of the district for which it is proposed and the provisions of this section. The standards for review of a communications tower proposed for a special exception review are contained in Subsection C(1)(b) through (e) below.

The applicant shall demonstrate, using technological evidence, that the cellular tower site must go where it is proposed in order to serve the needs of the community based on all providers of the service in the area. Such evidence shall include propagation diagrams and radio frequency studies and the data upon which diagrams and studies rely, submitted with the application at the time of filing, that indicate the height and location are the lowest height and best location to effect the efficient provision of communication services.

The applicant proposing a communications tower is required to demonstrate that it contacted the owners of tall structures within a one-mile radius of the proposed site, whether within or outside the Township, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. Tall structures include but are not limited to buildings in excess of four stories, water towers, utility poles, support structures of other communications companies and other high structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure and has not demonstrated that there are no available alternatives. Evidence that one or more of the following was the reason for not selecting such structure is required to demonstrate a good faith effort:

The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

In order to reduce the number of antenna support structures needed in the community in the future, the applicant shall demonstrate that the proposed support structure shall be designed to accommodate other users, including other cellular communications companies and/or local police, fire and emergency responders.

The applicant must demonstrate that the setbacks from the communications tower and all supporting equipment and structures to any property line or right-of-way shall be the largest of the following:

One hundred percent of the height of the communications tower; or

The minimum setback in the underlying zoning district.

Special development regulations.

A land development plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all items required in the Township Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 181, Subdivision and Land Development.

A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of six feet in height and shall otherwise comply with the height regulations set forth in § 208-119.

The applicant proposing a communications tower must demonstrate that the tower and any other equipment or building in support of the tower has been designed to blend in with or mimic existing features in the landscape such as trees, light poles, clock towers and flag poles.

The applicant shall provide a plan prepared by a landscape architect showing landscaping that they will install to screen and buffer as much of the support structure and any other ground level features (such as a building) as possible. The landscape plan may incorporate the use of fences and walls that conform with the regulations in § 208-119 to screen and buffer the communications tower site. The proposed landscaping shall comply with the requirements of the Township Subdivision and Land Development Ordinance and the following provisions:

Existing vegetation shall be preserved to the maximum extent possible.

Where the site abuts residentially developed land, residential zoning districts, residential uses, public land or streets, the site perimeter shall be landscaped with at least one row of deciduous trees, not less than 3 1/2 inches in caliper, spaced not more than 30 feet apart and within 25 feet of the site boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 40 feet of the site boundary. Alternatives such as walls or fences that conform with the regulations in § 208-119 may be permitted by the Zoning Hearing Board based on security or other reasons.

All communication towers located within 750 feet of a structure shall be constructed in compliance with a minimum ninety-mile-per-hour wind load or such greater wind load as is appropriate in the opinion of the Township Engineer.

General regulations.

All communications towers, antennas and associated equipment shall be maintained and kept in good repair as required by applicable federal, state and municipal law.

All applicants for and operators of any communications tower or radio transmission antenna located within the Township and regulated by the Federal Communications Commission shall provide a copy of a valid operator's license from the Federal Communications Commission for the transmission of radio frequencies from such tower or antenna constructed within the Township.

Any communications tower or radio transmission antennas shall be dismantled within 60 days following the expiration date of the operator's license from the Federal Communications Commission provided to the Township or cessation of use. As a condition of approval of any communications tower, the Township may require financial security for the dismantling and removal of such communications tower.

The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

No antenna support structure may be lighted except when required by the Federal Aviation Administration.

All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the antenna or tower site unless otherwise permitted in the zoning district in which the antenna or tower site is located.

§ 208-115.1 Amateur radio antennas.

[Added 2-21-2017 by Ord. No. HR-414]

Purpose. The purpose of the standards set forth in this section is to accommodate the use of amateur radio antennas and amateur radio antenna support structures while regulating their location; to minimize adverse visual effects of such structures through careful design, location and vegetative screening; to avoid potential damage to adjacent properties from failure of these structures through engineering and careful siting thereof; and to limit radiation emitted by telecommunications equipment so that it will not adversely affect human health.

Authorization of use. Amateur radio antennas and amateur radio antenna support structures shall be a use authorized by special exception in the R-C, R-1/2, R-1, R-2, R-3 and R-4 zoning districts, following review and recommendation by the Planning Commission, provided that the use is an accessory use for a single-family detached dwelling.

Sites for amateur radio antenna and amateur radio antenna support structures. The applicant proposing an amateur radio antenna or an amateur radio antenna support structure shall be required to demonstrate such proposal's compliance with all of the following:

Amateur radio antennas and amateur radio antenna support structures will not, on a combined basis, exceed 65 feet in height above ground level, measured from the base of the amateur radio antenna support structure or other structure or building to which an amateur radio antenna is attached.

If applicant proposes to construct an amateur radio support structure on a lot having a rear yard, such structure shall be located to the rear of any residential building, and any amateur radio support structure installed on a lot not having a rear yard shall be located on the lot in such a manner so as to minimalize the visual impact of said improvements to the extent possible given the physical features of the lot. Every amateur radio antenna and amateur radio support structure must be located entirely on the same lot as the single-family detached dwelling to which it is accessory.

No more than one amateur radio antenna and amateur radio antenna support structure shall be permitted on any lot.

The setbacks from the amateur radio antenna and amateur radio antenna support structure to any property line or right-of-way shall be the larger of the following:

One hundred percent of the combined height of the amateur radio antenna and amateur radio antenna support structure; or

The minimum setback in the underlying zoning district.

Development regulations. The construction and/or installation of an amateur radio antenna or amateur radio antenna support structure must be authorized by properly issued building and zoning permits and shall comply with the special development regulations set forth in § 208-115C(2)(b) through (e) and the general regulations set forth in § 208-115D.

§ 208-116 Heliports and helistops.

Where permitted as an accessory use on the same lot with and incidental to a use permitted in the particular zoning district, the heliport or helistop also shall comply with the area, coverage and yard requirements of the applicable zoning district; however, in no case shall any such landing surface be located closer than 300 feet from any property line or residential district boundary line.

The landing surface shall be paved and level and shall be at least 60 feet square or, in the case of a circle, shall be at least 60 feet in diameter. Except for rooftop pads, a secondary thirty-foot perimeter area shall contain a gravel or grass cover. Both the landing surface and secondary perimeter shall be well-maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash and shall contain no structures or other obstacles other than those required for safety purposes.

The entire perimeter area shall be enclosed by a securable, well-constructed fence, a minimum of four feet high, which will serve to prevent unauthorized entry into the landing area. Trees, shrubbery and other landscaping shall be provided in quantities and dimensions deemed necessary by the Planning Commission and Zoning Hearing Board to minimize offensive motor noise and to afford a softening of the visual impact of the landing area. Rooftop pads shall be excluded from these requirements.

At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at any angle of 10° from the width of the landing pad to a width of 1,000 feet and shall have a glide angle slope of eight to one measured from the outer edge of the pad.

Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. Such emergency landing areas shall be located within the normal glide range of the helicopter when operating in the approved takeoff or landing lane.

An application for a landing pad on a roof shall be accompanied by a certification by a registered structural engineer that the loads imposed by the helicopter will be supported by the structure.

All fire and safety equipment provided in conjunction with a heliport or helistop shall be subject to the approval of the Township Fire Marshall.

In reviewing any application for a heliport or helistop, the Zoning Hearing Board shall be guided by the standards of review included in § 208-150 and, in addition, may impose restrictions on hours of operation, lighting, noise levels and flight altitude over residential areas and such other requirements as may be appropriate and reasonable to protect the health, welfare and safety of Township residents and their property.

No permit shall be used for the construction of a heliport or helistop until the land development plan has been approved by the Planning Commission.

In addition to the requirements of the Township, any applicant for a heliport or helistop shall comply with the rules and regulations pertaining thereto of the Bureau of Aviation, Pennsylvania Department of Transportation, the Federal Aviation Administration and/or any other public licensing or regulatory agency involved.

It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place within the Township other than at a heliport or helistop which has been authorized in accordance with the foregoing provision of this section, except:

In conjunction with a special event such as an athletic contest, a holiday celebration, parade or similar activity, after seven days' advance written notice has been given to the Township Manager and permission obtained to make such landing and takeoff.

When necessary for law enforcement purposes and for emergencies.

In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project.

§ 208-116.1 Self-storage facilities.

[Added 9-19-2022 by Ord. No. HR-456]

Self-storage facilities shall be subject to the following requirements:

In addition to any buffering and screening requirements of the underlying zoning district, the outdoor storage of recreational vehicles, boats, campers, trailers or similar vehicles shall be screened by landscaping or fencing designed to conceal the view of all such vehicles from abutting properties.

Any outdoor storage of vehicles, as permitted by this section, shall be subject to the requirements of § 149-5A(7) of the Property Maintenance Code, related to the storage of uninspected or unregistered motor vehicles.

§ 208-117 Conditional uses.

In any instance where the Board of Supervisors is required to consider a request for a conditional use in accordance with the provisions of this chapter, the following shall apply:

Procedure.

An application or request for a conditional use shall be filed with the Zoning Officer on such forms as may be prescribed by § 208-145B of this chapter and, where applicable, such other plans and drawings as may be required by the provisions of the district in which the conditional use is sought. Upon receipt, the Zoning Officer shall refer such application and plans to the Planning Commission which shall, in turn, schedule a public meeting to discuss and review the application prior to submitting its recommendation to the Board of Supervisors.

If the Planning Commission fails to render a decision within 60 days from the date that the application is filed, it shall be deemed that the Commission recommends approval of the application.

After notification by the Zoning Officer that an application has been filed, the Board of Supervisors shall fix a time and place for a public hearing to consider the application and shall give public notice thereof in accordance with the provisions of § 208-147 of this chapter. Such public hearing shall be held within 90 days from the date of application. If after a public hearing the application is amended to a significant degree, the Board of Supervisors shall hold another public hearing following public notice thereof.

The Board of Supervisors may appoint any member of the Board or an independent attorney to serve as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board. However, the appellant or applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive the decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The Board of Supervisors shall render a decision within 45 days from the last public hearing. Where the Board fails to render the same within 45 days, the decision shall be deemed to have been in favor of the applicant.

The Board of Supervisors may require a memorandum setting for the terms and conditions of approval in a form acceptable to the Township Solicitor and signed by the applicant to be duly recorded in the Office of the Recorder of Deeds of Chester County.

Criteria for review of proposed conditional use. The criteria and standards contained in § 208-150 for the review of requests for special exceptions and variance shall be considered by the Planning Commission and Board of Supervisors in evaluating a proposed conditional use.

Effect of conditional use approval. A use for which a conditional use is granted shall be deemed to be a conforming use in the zoning district in which such use is located.

Extension. A use of a building or a lot authorized as a conditional use, either by decision of the Board of Supervisors or by the enactment of or amendment to this chapter, may be extended within the building or upon the lot only when authorized as a conditional use.

Changes. A use of a building or a lot authorized as a conditional use, either by decision of the Board of Supervisors or by the enactment of or amendment to this chapter, may be changed to a use permitted by right without further approval.

Expiration of conditional use. Unless otherwise specified by the Board of Supervisors, a conditional use shall expire if the applicant fails to obtain a building permit or apply for subdivision or land development approval, as applicable, within 12 months from the date of authorization thereof, or if, having obtained said building permit, the applicant fails to commence work thereunder within six months from the date of issuance of said permit. A conditional use approval for a development in the Trout Creek Stormwater Overlay District (TCS) shall not expire for either:

[Amended 10-1-2012 by Ord. No. HR-396]

A period of five years; or

For a period of 10 years, if the TCS improvements, including public, quasi-public and private, have been substantially completed, the public stormwater improvements are substantially completed and operational, and the balance of the work has been financially guaranteed in a format satisfactory to the Board of Supervisors.

§ 208-118 Steep slope regulations.

Purpose. It is the intent of this section to establish regulations to control the development of areas containing steeply sloped land for the following purposes:

To promote the public health, safety and welfare by the protection of steep slope areas and by encouraging the retention of open space on steep slope areas located and designed so as to constitute a harmonious and appropriate part of the physical development of Tredyffrin Township.

To minimize soil erosion and sedimentation.

To protect watersheds and limit increases in stormwater runoff.

To protect residents of the Township from property damage and personal injury caused by runoff, soil erosion and landslides attributable to nearby development on steeply sloping land.

To minimize the necessity for expenditure of Township funds for corrective public works caused by soil erosion and subsidence, sedimentation and landslides caused by nearby development.

To maintain adequate foliage and vegetative cover on hillsides.

To protect streams from increases in sediment and pollution.

General regulations.

Modification of lot area. In every zoning district except the Rural-Conservation District, every lot which contains land in the steep slope classification shall exclude all such land from lot area computations for the purpose of application of the minimum lot area and maximum building and impervious coverage regulations of the applicable zoning district classification.

Construction on steep and very steep slopes. There shall be no excavation, filling, or erection or construction of buildings, roads, driveways, parking areas or other similar structures or impervious surfaces on steep or very steep slopes unless all of the following conditions are met:

Area of slopes proposed for grading or modification may not exceed 10% of the total natural steep slopes on the property. This percentage limitation shall not apply to man-made steep slopes. When claiming that steep slopes are man-made, the applicant shall have the burden of proof to demonstrate that the steep slopes are man-made and shall provide all related documentation and site testing to the satisfaction of the Township Engineer.

[Amended 1-27-2014 by Ord. No. HR-403]

With respect to grading to remove or fill against existing manmade slopes formed by ditching, roadway construction or other construction activity and/or filling between existing man-made slopes in cut areas:

The slope so affected shall not be a significant or unique natural feature.

The area of the steep slopes to be regraded shall not be counted as non-steep slope area for buildable area computations.

The grading shall not result in any increase in steep slope area except that the area of steep slopes between 15% and 25% may be increased to the extent that the area of very steep slopes (greater than 25%) is reduced.

Plans and engineering reports shall be submitted documenting the stability of the steep slopes created, methods proposed to handle surface runoff concentrations and landscaping and/or other means to be employed to maintain slope surface stability against soil erosion.

Areas of slopes which are regraded as permitted above to a slope less than 25% slope may be improved and constructed upon as provided herein.

Any area of steep or very steep slopes which does not exceed, in area, the greater of 500 square feet or 1% of the area of the lot on which it is located and which is to be regraded without creating any new area of steep slope may be regraded and/or have the vegetative cover thereon disturbed. Artificial bands of steep slopes located along highway frontages may also be regraded and/or have the vegetative cover thereon disturbed in order to allow for access onto a lot(s), upon approval of the Township Engineer.

On any lot which does not qualify for an exemption under Subsection B(2)(d) above, no more than 30% of the area with natural slopes of between 15% and 25% shall be regraded and/or shall have vegetative cover thereon disturbed. The Zoning Officer may allow a modification from this restriction for a proposed lot if the Township Engineer determines that such modification would not have any injurious effect on the proposed development site or any adjacent site or if such modification allows the furtherance of the goals for protection of other environmentally sensitive areas.

[Amended 1-27-2014 by Ord. No. HR-403]

(f)

Areas with restrictions due to slopes must be left undisturbed to the extent specified herein and not occupied by structures, driveways, on-lot septic systems, detention basins or other improvements.

(g)

Areas with natural slopes over 25% shall be protected such that no more than 10% of the area with such slopes shall be regraded and/or shall have the vegetative cover disturbed.

[Amended 1-27-2014 by Ord. No. HR-403]

§ 208-119 Fences, walls and security gates.

Nothing contained herein shall be construed as precluding the possibility of relief from literal compliance with the terms of this section, provided that application for relief is filed pursuant to § 208-145 of this chapter.

Liability. Neither the approval or granting of any construction permit or proposed subdivision or site development plan involving any land governed by the provisions of this section by an officer, employee or agency of the Township shall constitute a representation, guaranty or warranty of any kind by the Township or its employees, officials or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon, or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.

Fences, walls and security gates shall be permitted within required yard areas in accordance with the following:

No fence, wall, berm or other structure shall be erected or altered and no hedge, tree, shrub or other vegetation shall be maintained or constructed in the existing or future right-of-way of a street, or in any location where it would obstruct the approach sight distance of any highway, street, driveway, traffic signal, traffic signal sign or crosswalk.

All fences shall be erected with the finished side facing adjacent properties. The finished side shall be considered the side without the structural supports.

In all districts, an open or solid fence or a wall of not more than four feet in height may be erected within the required front, side or rear yards. The height of a fence shall be measured from the top of the highest point of the fence panel to the bottom of the fence panel, allowing the fence panel to be no more than three inches above the mean level of the ground surrounding the fence panel, and provided that the height of the supporting fence post, including finials, shall not exceed eight inches above the maximum permitted height.

In all districts, an open or solid fence or wall of not more than six feet in height may be erected within the required side or rear yards, but not within the required front yard.

In LI Limited Industrial and PIP Planned Industrial Park Districts, security fences and enclosure walls of not more than eight feet in height may be erected within the required side and rear yard areas, but not within the required front yard, provided that the fence or wall is not abutting a residential property or residential district.

Zoning permits shall be required for all fences and walls which exceed four feet in height.

This section shall not restrict retaining walls that are necessary to hold back slopes.

§ 208-120 Home-based businesses.

Home-based businesses shall consist of the following two types:

Low-impact home-based businesses: as defined in § 208-6 and as permitted in residential zoning districts shall be governed subject to by the following regulations:

Not more than one person shall be employed by the practitioner of the home-based business, such as a nurse, secretary, clerk, professional or technical assistant, except that two individuals related by blood or marriage who are members of a recognized profession shall be permitted to practice together, each with one employee.

The area used for the practice of a profession or for a studio shall not exceed the lesser of 600 square feet or 50% of the area of the first floor of the dwelling.

There shall be no more than one commercial visit per hour and a maximum of four commercial visits to the premises per day, with all visits falling between the hours of 9:00 a.m. and 9:00 p.m.

No external alterations or additions inconsistent with the residential use or appearance of the dwelling shall be permitted.

There shall be no more than one low-impact home-based business in a dwelling or accessory building.

(f)

No low-impact home-based business shall be located within 500 feet of any other low-impact home-based business, measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use. This requirement shall not be imposed if the applicant establishes to the Zoning Hearing Board either that the proposed use is located in a neighborhood which is not primarily residential in character or that the proposed use will not have a substantial tendency to commercialize the neighborhood.

(g)

Signs shall comply with the provisions of Article XXV.

(h)

In addition to the parking requirements for bed-and-breakfast facilities as per § 208-103A(3) when same are proposed, three off-street parking spaces, located to the side or rear of the premises and not in the front yard, shall be required in addition to those otherwise required in the chapter for a single-family dwelling. The perimeter of such parking area shall be continuously landscaped with shrubs of at least 30 inches in height at the time when the business begins.

(i)

Any lot on which a low-impact home-based business is conducted or proposed shall have a minimum lot size as required in the applicable district, except the Zoning Hearing Board may require a greater minimum lot size if they determine that more acreage is required to maintain the residential character of the property and/or to provide adequate off-street parking and/or to provide adequate visual or noise buffers to neighboring residences.

(j)

No more than one business vehicle may be parked on the property on a regular basis. Any trucks, vans or business vehicles shall have loading capacities not exceeding two tons. The business vehicle shall be parked in an enclosed structure or in an area screened from view from neighboring properties and streets.

No-impact home-based businesses: permitted by right in all zoning districts if they satisfy the following requirements:

The business activity must be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(f)

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(g)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

General regulations.

A home-based business shall be conducted within a dwelling which is a permitted principal use and the home of the principal practitioner of the home-based business or in an accessory building thereto which is normally associated with a residential use. The home-based business shall be carried on wholly indoors and comply with the parking requirements of § 208-103.

The area used for the conduct of a home-based business, whether conducted wholly or partly in an accessory building, shall occupy no more than 50% of the total floor are of the first floor of the principal dwelling unit and no more than 600 square feet total, whichever is less.

The appearance of the residential structure or accessory building shall not be altered nor the occupation within the residence conducted in a manner which would cause the premises to differ from its residential character by (including, but not limited to) the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this section.

There shall be no exterior display, sale or storage of materials, products, equipment or refuse related to the conduct of the home-based business.

There shall be no discharge of potentially dangerous effluent or fumes.

There shall be no production or storage of any material designed for use as an explosive or any other hazardous material or chemical, excluding such quantity of materials as might normally be used on a property of a homeowner not engaged in a home-based business.

No equipment or process shall be used in the conduct of the home-based business which creates noise, vibration, glare, smoke, fumes, odors, dust, electrical interference or other objectionable effects perceptible at or beyond the lot boundaries, or in the case of a multifamily or attached dwelling unit, off the premises of the dwelling or unit. No equipment or process shall be used which creates visible or audible interference in any radio or television receiver of a neighboring property.

No home-based business dependent on heavy use of water, such as pet grooming, shall be permitted unless on-lot sewage facilities are currently and continually certified by the Chester County Health Department, or the Director of the Tredyffrin Township Municipal Authority certifies that there is sufficient capacity in the public sewer system to handle the additional flow generated by the home-based business.

§ 208-120.1 (Reserved) [1]

§ 208-121 Modification of common open space areas.

Editor’s Note: Former § 208-120.1, Bed-and-breakfast facilities, was repealed 5-23-2011 by Ord. No. HR-388.

No modification, removal or release of any restrictions on an area or areas designated as areas for common open space use shall be permitted except upon a finding by the Board of Supervisors, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this chapter, that the same is consistent with the efficient development and preservation of the entire tract, does not adversely affect either the enjoyment of land abutting upon or across the street from the tract or the public interest and is not granted solely to confer a special benefit upon any person. At any such hearing, any homeowners' association designated in the development plan which created the open space, any recognized civic or homeowners' association which operates within a reasonable distance from the affected site or any entity formed for the express purpose of acquiring and/or maintaining and/or preserving open space lands in the Township and surrounding environs and any property owners or residents adjoining the property at issue shall be deemed to have standing to participate as parties to the proceedings before the Board of Supervisors.

§ 208-122 Public transportation shelters.

Shelters may be allowed in all zoning districts except the Flood Hazard District only when approved by the Tredyffrin Township Planning Commission pursuant to a land development review, when the following criteria are met:

Shelter locations shall be determined following consultation with the public transit provider.

The shelter shall be at least 10 feet from the cartway's edge or curbline.

The shelter shall be located far enough away from streets, access drives, driveways and intersections to maintain a clear sight triangle for drivers of vehicles using those thoroughfares.

Except where public transportation shelters may be on opposite sides of the same street, no public transportation shelter shall be placed closer than 1,000 feet to another on the same street.

Shelters will be placed only with written consent of the property owner or if located in a street right-of-way with written consent of the adjacent property owner. This consent, binding on said property owner and the owner's successors and assigns, shall be in a form satisfactory for recording which will provide, among other things, said owner's agreement to maintain the shelter and the ground around it in a nuisance-free manner and to remove the shelter when specifically requested to do so by the Township Board of Supervisors for any reason whatsoever. Maintenance of the shelter and the ground around it includes keeping the shelter free from trash, debris and graffiti and removing any handbills, bumper stickers or other labels which are placed thereon by others.

Shelters shall not contain advertising beyond the posting of the name of the transit provider, the route stopping at the location, a schedule of transit arrivals and departures and a plaque listing the individual, company or firm that maintains the shelter for the public benefit.

§ 208-122.1 Student housing.

[Added 8-26-2010 by Ord. No. HR-384]

The following criteria must be met before the Zoning Hearing Board may authorize a special exception for a student home as limited below:

The number of student tenants living in a student home shall not exceed three.

Single-family dwelling has a floor area of at least 1,000 square feet exclusive of basements, garages and accessory buildings. Two-family dwelling has a floor area of at least 2,000 square feet exclusive of basements, garages and accessory buildings.

A student home shall not be located closer than the distance equal to 20 times the required minimum lot width for the type of dwelling used for the student home in the applicable zoning district where the student home is proposed to be located from another student home located on another lot. The distance between the two student homes shall be measured by the shortest distance between the two lots where the student homes are located.

A student home shall meet the area and bulk requirements for the type of dwelling used for the student home in the applicable zoning district where such use is proposed.

A buffer area with a width of 10 feet shall be required for student homes along the side and rear lot lines of the subject property.

Any student home in the Township shall be subject to chapter 151, Property Registration, of this Code.

This section is not intended, nor shall its effect be, to limit any other enforcement remedies which may be available to the Township against an owner, student tenant or guest thereof found in this chapter or applicable law.

§ 208-122.1a Short-term rentals.

[Added 12-5-2022 by Ord. No. HR-459]

The following criteria must be met before the Zoning Hearing Board may authorize a special exception for a short-term rental as limited below:

The historic structure to be utilized as a short-term rental must be listed in the 2003 Historic Resources Survey.

The short-term rental use must comply with the parking provisions in§ 208-103C(28). To the extent that proposed new off-street parking would otherwise be visible from neighboring properties, such parking areas shall be completely screened by plant material or a combination of plant material, fencing, or berms to a height of at least four feet.

No square footage added to a historic structure after the date of adoption of this section may be used as a short-term rental.

Site lighting shall be designed to screen the source of illumination and glare completely from adjacent properties.

The applicant shall have the burden of demonstrating that approval of the special exception will not jeopardize the preservation of historic resource(s) contained on the property subject to application. To sustain this burden. the applicant shall present evidence demonstrating the following:

Exact location of the area in which the use is proposed.

The general design, arrangement, texture, material, scale, mass and color of any affected building, structure, or site and the relation of such factors to similar features of other structures on the property.

That the use will not destroy the distinguishing qualities or character of the historic resource and its environment.