A. 
For the purpose of this chapter, zoning districts are hereby established as follows:
RHA
Rural Holding Area
RC
Rural Conservation
RS
Rural/Suburban
LDS
Low Density Suburban
MDS
Moderate Density Suburban
SS
Suburban/Semiurban
U
Urban
NC
Neighborhood Convenience Commercial
PMU
Penn Avenue Mixed Use
PAC
Penn Avenue Commercial
PAO
Penn Avenue Overlay
PHI
Planned Highway Interchange
PHT
Planned Highway Transitional
POB
Planned Office/Business
PBR
Planned Business and Residential
PI/B
Planned Industry/Business
EI
Extractive Industry
MI
Manufacturing and Industrial
FS
Fuel Storage
B. 
For the purposes of this chapter, the zoning districts named in Subsection A above shall be of the number, size, shape and location shown on the Official Zoning Map adopted and included in its entirety as a part of this chapter.
A. 
Unless otherwise provided by law or specifically in this chapter, no land or building or structure shall be used or occupied except for a use permitted in the zoning district within which the land or building or structure is located.
B. 
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
C. 
No building, structure or land shall hereafter be erected, constructed, reconstructed, moved or structurally altered, and no building or structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
D. 
No part of yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
E. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
F. 
Any territory which may hereafter be annexed to the Township shall be classified as the zoning district of the Township most similar to the zoning of such territory before annexation (as determined by the Board) until otherwise classified.
A. 
A map entitled "Zoning Map for the Township of Spring" accompanies this chapter and is declared a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B. 
The Official Zoning Map shall be identified by the signature of the Chairman of the Board of Supervisors attested by the Township Secretary and shall bear the adoption date of this chapter and the seal of the Township under the following words: "This is to certify that this is the Official Zoning Map adopted __________ (date) as part of the Spring Township Zoning Ordinance."
C. 
Changes of any nature to the Official Zoning Map shall be made in conformity with the amendment procedures set forth in this chapter. All changes shall be noted by date with a brief description of the nature of the change.
D. 
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the Township Office and shall be the final authority on boundaries and districts. The Zoning Officer shall have a certified copy of the Official Zoning Map for official use.
(1) 
If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, the Board of Supervisors may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
(2) 
The new Official Zoning Map may include corrections of drafting or clerical errors or omissions from the prior Official Zoning Map, but shall not include any amendment or boundary change without completing the procedures required under Act 247.
(3) 
The new Official Zoning Map shall be identified by the signatures of the Board of Supervisors, attested to by the Township Secretary and bearing the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted __________ (date) as part of the Spring Township Zoning Ordinance."
(4) 
Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any part or parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
A. 
Zoning boundaries drawn approximately following the center lines of streams, drainageways, streets, alleys, railroads or other rights-of-way shall be construed to follow such center lines. In the event of any change in the center line, the zoning boundary shall be construed as moving with the actual center line.
B. 
Boundaries approximately following property lines shall be construed as following such property lot lines.
C. 
Where a district boundary line does not follow such a line, position is shown on the Official Zoning Map by reference to an ordinance describing such lines or by a specific dimension expressing its distance, in feet, from a street center line or other boundary line as indicated and running parallel thereto.
D. 
Where physical features existing on the ground vary with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A through C above, the Board shall interpret the district boundaries.
[Amended 6-26-2017 by Ord. No. 428; 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Rural Holding Area District is to retain this area's rural character and scenic landscape while providing an opportunity for families and others to live in single-family dwellings that are on large lots. The preservation of forests, watercourses, underground water, steep slopes and other natural features and resources are emphasized in this area. Open space developments on smaller lots to preserve the natural environment is encouraged. Land uses that are compatible with a rural living environment are also provided in this district.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Rural Holding Area District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Agriculture, general**.
(2) 
Agricultural industry.
(3) 
Civic or social organization.*,**
(4) 
Collocated antenna.
(5) 
Commercial stable or riding academy*,**.[1]
[1]
Editor's Note: Original Subsection B(5), Communications antenna mounted on an existing public utility transmission tower, building or other structure, and communication equipment buildings, which immediately followed this subsection, was repealed 6-14-2021 by Ord. No. 448.
(6) 
Community center*,**.
(7) 
Forestry, including, but not limited to, timber harvesting*,**.
(8) 
Membership club*,**.
(9) 
Miniature golf (outdoor)*,**.
(10) 
Open Space Development in accordance with § 450-901 (Appendix A)*,**.
(11) 
Orchard or Christmas tree farm.
(12) 
Recreation, municipal*.
(13) 
Recreation, non-municipal outdoor*,**.
(14) 
Retail greenhouse/nursery**.
(15) 
Single-family detached dwelling, in accordance with the provisions of §§ 450-305F, G, and 450-324.**
(16) 
Small communication facility.
(17) 
Swimming club (outdoor)*,**.
(18) 
Tennis club (outdoor)*,**.
(19) 
Township-owned use, including Township park and fire station.
*
Site plan review required. (see § 450-409)
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Rural Holding Area District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Agriculture, intensive*.
(2) 
Bed-and-breakfast*.
(3) 
Boarding House*.
(4) 
Camp or campground*.
(5) 
Communications towers and communications equipment buildings*.
(6) 
Cemetery or Mausoleum*.
(7) 
Cultural center.
(8) 
Gun club/target range*.
(9) 
Heliport*.
(10) 
Indoor sports facility*.
(11) 
Kennel*.
(12) 
Micro-winery, agricultural*.
(13) 
Nursery school or day-care center*.
(14) 
Open air retail sales of agricultural products*.
(15) 
Place of Worship.
(16) 
Private airstrip and airport*.
(17) 
Public utility facility*.
(18) 
Recreation, non-municipal indoor*.
(19) 
School, public/private not including vocational school*.
(20) 
Solid waste disposal area or facility*.
*
See § 450-324 for additional requirements
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Rural Holding Area District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Alternative energy system, principal*.
(2) 
Race tracks, automobile or horse, with related wagering*.
(3) 
Single-family detached dwelling, in accordance with the provisions of §§ 450-305F, G, and 450-324.*
(4) 
Stadium*.
(5) 
Accessory uses, structures or buildings not located on the same lot with the permitted principal use, in accordance with the applicable provisions of § 450-327.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Rural Holding Area District shall comply with the minimum yard requirements of § 450-305G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Rural Holding Area District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Farm pond.
(d) 
Fence and wall.
(e) 
Garage.
(f) 
Geothermal energy system, accessory.
(g) 
Holiday tree sales.
(h) 
Home gardening, nursery or greenhouse.
(i) 
Home occupation, including day-care center.
(j) 
Horse barn.
(k) 
Keeping animals and fowl.
(l) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(m) 
Off-street parking, in accordance with Article VII.
(n) 
Outdoor storage shed.
(o) 
Outdoor wood-fired boiler.
(p) 
Private greenhouse.
(q) 
Recreational vehicle.
(r) 
Seasonal roadside produce market.
(s) 
Signs, in accordance with Article VI.
(t) 
Swimming pool (noncommercial).
(u) 
Temporary retail sales.
(v) 
Tennis court or similar impervious athletic surface.
(w) 
Storage in an accessory structure.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Rural Holding Area District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(acres)
Minimum Lot Width**
(feet)
Maximum Land Coverage (%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any use
5
300
5
10
2 1/2
30
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-305G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Rural Holding Area District, except as otherwise provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any Use
50
25
60
30
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback. The same requirements as are listed in § 450-319H shall apply.
[Amended 6-26-2017 by Ord. No. 428; 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Rural Conservation District is to encourage low density single-family dwellings on lots large enough to provide for both on-lot sewage disposal and water supply while providing for the opportunity to have somewhat smaller lots if public water and sewage facilities are provided off the lot. Open space developments are provided in this district to provide a desirable alternative to conventional single-family developments.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Rural Conservation District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Agriculture, general**.
(2) 
Agricultural industry.
(3) 
Civic, social organization*,**.
(4) 
Collocated antenna.
(5) 
Commercial stable or riding academy*,**.[1]
[1]
Editor's Note: Original Subsection (B)(5), Communications antenna mounted on an existing public utility transmission tower, building or other structure, and communication equipment buildings, which immediately followed this subsection, was repealed 6-14-2021 by Ord. No. 448.
(6) 
Community Center*,**.
(7) 
Forestry, including, but not limited to, timber harvesting*,**.
(8) 
Membership club*,**.
(9) 
Miniature golf (outdoor)*,**.
(10) 
Open Space Development in accordance with § 450-901 (Appendix A)*,**.
(11) 
Orchard or Christmas tree farm.
(12) 
Recreation, municipal*.
(13) 
Recreation, non-municipal outdoor*,**.
(14) 
Retail greenhouse/nursery**.
(15) 
Single-family detached dwelling, in accordance with the provisions of § 450-306F, G, and § 450-324.**
(16) 
Small communication facility.
(17) 
Swimming club (outdoor)*,**.
(18) 
Tennis club (outdoor)*,**.
(19) 
Township-owned use, including Township park and fire station.
*
Site plan review required. (See § 450-409)
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Rural Conservation District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Agriculture, intensive*.
(2) 
Bed-and-breakfast*.
(3) 
Camp or campground*.
(4) 
Cemetery or mausoleum*.
(5) 
College or university*.
(6) 
Communications towers and communications equipment buildings*.
(7) 
Convalescent or nursing home*.
(8) 
Cultural center.
(9) 
Indoor sports facility*.
(10) 
Micro-winery, agricultural*.
(11) 
Nursery school or day-care center*.
(12) 
Open air retail sales of agricultural products*.
(13) 
Place of worship.
(14) 
Public utility facility*.
(15) 
Recreation, non-municipal indoor*.
(16) 
School, public/private not including vocational school*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Rural Conservation District when authorized by the Board of Supervisors in accordance with the standards of § 450-326 of this chapter:
(1) 
Accessory uses, structures or buildings not located on the same lot with the permitted principal use, in accordance with the applicable provisions of § 450-327.
(2) 
Alternative energy system, principal*.
(3) 
Mobile home park*.
(4) 
Single-family detached dwelling, in accordance with the provisions of § 450-306F, G, and § 450-324.*
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Rural Conservation District shall comply with the minimum yard requirements of § 450-306F, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Rural Conservation District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Farm pond.
(d) 
Fence and wall.
(e) 
Garage.
(f) 
Geothermal energy system, accessory.
(g) 
Holiday tree sales.
(h) 
Home gardening, nursery or greenhouse.
(i) 
Home occupation, including day-care center.
(j) 
Horse barn.
(k) 
Keeping animals and fowl.
(l) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(m) 
Off-street parking, in accordance with Article VII.
(n) 
Outdoor storage shed.
(o) 
Outdoor wood-fired boiler.
(p) 
Private greenhouse.
(q) 
Recreational vehicle.
(r) 
Seasonal roadside produce market.
(s) 
Signs, in accordance with Article VI.
(t) 
Swimming pools (noncommercial).
(u) 
Temporary retail sales.
(v) 
Tennis court or similar impervious athletic surface.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Rural Conservation District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Single-family detached cluster development
(In accordance with § 450-901 (Appendix A))
Planned residential development
(In accordance with Chapter 307, Planned Residential Development)
Mobile/manufactured home park
[In accordance with § 450-324B(65) and (66) of this chapter and Chapter 400, Subdivision and Land Development]
Any other permitted use:
-With both centralized sewer/water
20,000
150
10
20
2 1/2
30
-With on-lot sewer or on-lot water
130,680 (3 acres)
200
5
10
2 1/2
30
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-306G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Rural Conservation District, except as otherwise provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
50
25
60
30
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback. The same requirements as are listed in § 450-319H shall apply.
[Amended 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Rural/Suburban District is to provide for low to moderate density (depending upon the availability of centralized water and sewer) residential areas which are protected from incompatible land uses. Single-family homes are encouraged in this district. Open space developments are also provided as a desirable alternative to conventional single-family developments.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Rural/Suburban District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Agriculture, general*,**.
(2) 
Agricultural industry.
(3) 
Civic, social organization*,**.
(4) 
Collocated antenna.
(5) 
Commercial stable or riding academy*,**.[1]
[1]
Editor's Note: Original Subsection (B)(5), Communications antenna mounted on an existing public utility transmission tower, building or other structure, and communication equipment buildings, which immediately followed this subsection, was repealed 6-14-2021 by Ord. No. 448.
(6) 
Community Center*,**.
(7) 
Forestry, including, but not limited to, timber harvesting*,**.
(8) 
Membership club*,**.
(9) 
Miniature golf (outdoor)*,**.
(10) 
Open Space Development in accordance with § 450-901 (Appendix A)*,**.
(11) 
Orchard or Christmas tree farm.
(12) 
Recreation, municipal*.
(13) 
Recreation, non-municipal outdoor*,**.
(14) 
Retail greenhouse/nursery*,**.
(15) 
Single-family detached dwelling, in accordance with the provisions of § 450-307F, G, and § 450-324.**
(16) 
Small communication facility.
(17) 
Swimming club (outdoor)*,**.
(18) 
Tennis club (outdoor)*,**.
(19) 
Township-owned use, including Township park and fire station.
*
Site plan review required (see § 450-409).
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Rural/Suburban District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Bed-and-breakfast*.
(2) 
Cemetery or mausoleum*.
(3) 
College or university*.
(4) 
Communications towers and communications equipment buildings*.
(5) 
Convalescent or nursing home*.
(6) 
Nursery school or day-care center*.
(7) 
Open air retail sales of agricultural products*.
(8) 
Place of worship.
(9) 
Public utility facility*.
(10) 
Recreation, non-municipal indoor*.
(11) 
Retirement community*.
(12) 
School, public/private, not including vocational school*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Rural/Suburban District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Accessory uses, structures or buildings not located on the same lot with the permitted principal use, in accordance with the applicable provisions of § 450-327.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Rural/Suburban District shall comply with the minimum yard requirements of § 450-307G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Rural/Suburban District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Farm pond.
(d) 
Fence and wall.
(e) 
Garage.
(f) 
Holiday tree sales.
(g) 
Geothermal energy system, accessory.
(h) 
Home gardening, nursery or greenhouse.
(i) 
Home occupation, including day-care center.
(j) 
Horse barn.
(k) 
Keeping animals or fowl.
(l) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(m) 
Off-street parking, in accordance with Article VII.
(n) 
Outdoor storage shed.
(o) 
Private greenhouse.
(p) 
Recreational vehicle.
(q) 
Seasonal roadside produce market.
(r) 
Signs, in accordance with Article VI.
(s) 
Swimming pool (noncommercial).
(t) 
Temporary retail sales.
(u) 
Tennis court or similar impervious athletic surface.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Rural/Suburban District, except as specifically provided for in this chapter.
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage (%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Single-family detached cluster development
(In accordance with § 450-901 (Appendix A))
Planned residential development
(In accordance with Chapter 307, Planned Residential Development)
Mobile/manufactured home park
[In accordance with § 450-324B(65) and (66) of this chapter and Chapter 400, Subdivision and Land Development]
Any other permitted use:
-With both centralized sewer and water
15,000
100
25
40
2 1/2
30
-With on-lot sewer or on-lot water
43,560
150
10
20
2 1/2
30
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-307G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Rural/Suburban District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any Use:
-With both centralized sewer and water
50
10
25
30
-With on-lot sewer or on-lot water
50
20
50
30
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback. The same requirements as are listed in § 450-319H shall apply.
A. 
Purpose. The purpose of the Low Density Suburban District is to provide for relatively low density single-family residential development and to allow for the natural expansion of those areas which have the potential for being served by public water and sewer facilities.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Low Density Suburban District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Forestry, including, but not limited to, timber harvesting*,**.
(2) 
Orchard or Christmas tree farm.
(3) 
Recreation, municipal*.
(4) 
Single-family detached dwelling.
(5) 
Township-owned use, including Township park and fire station.
*
Site plan review required (see § 450-409).
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Low Density Suburban District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Bed-and-breakfast*.
(2) 
Cemetery or mausoleum*.
(3) 
Convalescent or nursing home*.
(4) 
Nursery school or day-care center.*
(5) 
Picnic grove*.
(6) 
Place of worship.
(7) 
Public utility facility*.
(8) 
Recreation, non-municipal indoor*.
(9) 
School, public/private, not including vocational school*.
(10) 
Swimming club (outdoor)*.
(11) 
Tennis club (outdoor)*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Low Density Suburban District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Accessory uses, structures or buildings not located on the same lot with the permitted principal use, in accordance with the applicable provisions of § 450-327.
E. 
Accessory uses.
(1) 
Each accessory use in the Low Density Suburban District shall comply with the minimum yard requirements contained in § 450-308G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Low Density Suburban District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Farm pond.
(d) 
Fence and wall.
(e) 
Garage.
(f) 
Geothermal energy system, accessory.
(g) 
Holiday tree sales.
(h) 
Home gardening, nursery or greenhouse.
(i) 
Home occupation, including day-care center.
(j) 
Horse barn.
(k) 
Keeping animals or fowl.
(l) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(m) 
Off-street parking, in accordance with Article VII.
(n) 
Outdoor storage shed.
(o) 
Private greenhouse.
(p) 
Recreational vehicle.
(q) 
Signs, in accordance with Article VI.
(r) 
Swimming pool (noncommercial).
(s) 
Temporary retail sales.
(t) 
Tennis court or similar impervious athletic surface.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Low Density Suburban District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage (%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any permitted use with both centralized sewer/water
10,000
80
40
55
3
30
Any permitted use without both centralized sewer/water
43,560
150
25
40
3
30
Single-family detached cluster development
(In accordance with § 450-901 (Appendix A)
Planned residential development
(In accordance with Chapter 307, Planned Residential Development)
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-308G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Low Density Suburban District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
30
8
20
30
*
The depth at which the minimum lot width shall be measured.
H. 
Off-Street parking setback. The same requirements as are listed in § 450-319H shall apply.
A. 
Purpose. The purpose of the Moderate Density Suburban District is to provide for moderate density single-family residential development and to allow for the natural expansion of those areas which have the potential for being served by public water and sewer facilities.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Moderate Density Suburban District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Forestry, including, but not limited to, timber harvesting*,**.
(2) 
Group home**.
(3) 
Orchard or Christmas tree farm.
(4) 
Recreation, municipal*.
(5) 
Single-family detached dwelling.
(6) 
Township-owned use, including Township park and fire station.
*
Site plan review required (see § 450-409).
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Moderate Density Suburban District by the Board in accordance with the standards contained in § 450-325 of this chapter.
(1) 
Cemetery or mausoleum*.
(2) 
Community center*.
(3) 
Convalescent or nursing home*.
(4) 
Nursery school or day-care center*.
(5) 
Picnic grove*.
(6) 
Place of worship.
(7) 
Public utility facility*.
(8) 
Recreation, non-municipal indoor*.
(9) 
School, public/private, not including vocational school*.
(10) 
Swimming club (outdoor)*.
(11) 
Tennis club (outdoor)*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Moderate Density Suburban District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Accessory uses, structures or buildings not located on the same lot with the permitted principal use, in accordance with the applicable provisions of § 450-327.
E. 
Accessory uses.
(1) 
Each accessory use in the Moderate Density Suburban District shall comply with the minimum yard requirements of § 450-309G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Moderate Density Suburban District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Home gardening, nursery or greenhouse.
(h) 
Home occupation, including day-care center.
(i) 
Keeping animals or fowl.
(j) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(k) 
Off-street parking, in accordance with Article VII.
(l) 
Outdoor storage shed.
(m) 
Private greenhouse.
(n) 
Recreational vehicle.
(o) 
Signs, in accordance with Article VI.
(p) 
Swimming pools (noncommercial).
(q) 
Temporary retail sales.
(r) 
Tennis court or similar impervious athletic surface.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Moderate Density Suburban District, except as specifically provided for this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any permitted use with both centralized sewer and water
8,000
70
45
60
3
30
Any permitted use without both centralized sewer and water
43,560
150
20
40
3
30
Single-family cluster development
(In accordance with § 450-901 (Appendix A))
Planned residential development
(In accordance with Chapter 307, Planned Residential Development)
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-309G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Moderate Density Suburban District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
30
8
20
30
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback. The same requirements as are listed in § 450-319H shall apply.
A. 
Purpose. The purpose of the Suburban/Semiurban District is to provide opportunities for single-family and two-family dwellings at moderate to high densities to retain and continue the existing suburban/semiurban character. Single-family cluster and planned residential development are provided as a desirable form of residential development that will permit the preservation of open space.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Suburban/Semiurban District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Forestry, including, but not limited to, timber harvesting*,**.
(2) 
Garden apartment*,**.
(3) 
Group home**.
(4) 
Recreation, municipal*.
(5) 
Retirement community*,**.
(6) 
Single-family attached dwelling*,**.
(7) 
Single-family detached dwelling.
(8) 
Single-family to multifamily conversions*.
(9) 
Township-owned use, including Township park and fire station.
(10) 
Two-family detached dwelling*.
(11) 
Two-family semidetached dwelling*.
*
Site plan review required. (see § 450-409)
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Suburban/Semiurban District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Cemetery or mausoleum*.
(2) 
College or university*.
(3) 
Community center*.
(4) 
Nursery school or day-care center*.
(5) 
Picnic grove*.
(6) 
Place of worship.
(7) 
Public utility facility*.
(8) 
Recreation, non-municipal indoor*.
(9) 
School, public/private not including vocational school*.
(10) 
Swimming club (outdoor)*.
(11) 
Tennis club (outdoor)*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Suburban/Semiurban District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Accessory uses, structures or buildings not located on the same lot with the permitted principal use, in accordance with the applicable provisions of § 450-327.
E. 
Accessory uses.
(1) 
Each accessory use in the Suburban/Semiurban District shall comply with the minimum yard requirements of § 450-310H, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Suburban/Semiurban District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Home gardening, nursery or greenhouse.
(h) 
Home occupation, including day-care center.
(i) 
Keeping animals or fowl.
(j) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(k) 
Off-street parking, in accordance with Article VII.
(l) 
Outdoor storage shed.
(m) 
Private greenhouse.
(n) 
Recreational vehicle.
(o) 
Signs, in accordance with Article VI.
(p) 
Swimming pool (noncommercial).
(q) 
Temporary retail sales.
(r) 
Tennis court or similar impervious athletic surface.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Suburban/Semiurban District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any permitted use with both centralized sewer and water
5,000
50
50
70
3
30
Any permitted use without both centralized sewer and water
43,560
150
20
40
3
30
Planned residential development
(In accordance with Chapter 307, Planned Residential Development)
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-310H for the particular use.
G. 
Lot area, width, building coverage and height restrictions for single-family attached dwellings and garden apartments. The requirements listed in § 450-324 under "Garden Apartment or Single-Family Attached Dwellings" shall apply, except the following additional standards shall also apply within the SS District:
(1) 
Numbers of units attached. A maximum of six single-family attached and/or garden apartment dwelling units shall be attached in any form.
(2) 
Maximum gross density. A maximum gross density of seven units per acre shall apply for garden apartments or single-family attached dwellings in the SS District rather than the maximum gross density stated in § 450-324 for garden apartments and single-family attached dwellings.
(3) 
Setback of garden apartments from an exterior lot line. A garden apartment shall be located a minimum of 80 feet from any exterior lot line of a development.
H. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Suburban/Semiurban District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
One
(feet)
Side Yard
Both
(feet)
Rear Yard
(feet)
Any Permitted Use
30
5
15
25
*
The depth at which the minimum lot width shall be measured.
I. 
Off-street parking setback. The same requirements as are listed in § 450-310H shall apply.
A. 
Purpose. The purpose of the Urban District is to provide for more intensively developed residential areas where a wide variety of housing types are encouraged including single-family attached dwellings and apartments. Maintaining sufficient open area within residential developments in this district is encouraged to permit the dwellings to blend with the land's natural features and to ensure the new dwellings will be compatible with existing housing.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Urban District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Forestry, including, but not limited to, timber harvesting*,**.
(2) 
Garden apartments*,**.
(3) 
Group home**.
(4) 
Recreation, municipal*.
(5) 
Retirement community*,**.
(6) 
Single-family attached dwelling*,**.
(7) 
Single-family detached dwelling.
(8) 
Single-family to multifamily conversions*.
(9) 
Township-owned use, including Township park and fire station.
(10) 
Two-family semidetached dwelling*.
(11) 
Two-family detached dwelling*.
*
Site plan review required (see § 450-409).
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Urban District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Bed-and-breakfast*.
(2) 
Boarding house*.
(3) 
Cemetery or mausoleum*.
(4) 
College or university*.
(5) 
Convalescent or nursing home*.
(6) 
Nursery school or day-care center*.
(7) 
Orphanages*.
(8) 
Picnic grove*.
(9) 
Place of worship.
(10) 
Public utility facility*.
(11) 
Recreation, non-municipal indoor*.
(12) 
Swimming club (outdoor)*.
(13) 
Tennis club (outdoor)*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Urban District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter.
(1) 
Off-street parking not located on the same lot as the permitted principal use*.
*
See § 450-324 for additional requirements and for specific location where this use is permitted.
E. 
Accessory uses.
(1) 
Each accessory use in the Urban District shall comply with the minimum yard requirements in § 450-311G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Urban District only if such use complies with the relevant standards contained in § 450-327 of this chapter.
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Home gardening, nursery or greenhouse.
(h) 
Home occupation, including day-care center.
(i) 
Keeping of animals or fowl.
(j) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(k) 
Off-street parking, in accordance with Article VII.
(l) 
Outdoor storage shed.
(m) 
Private greenhouse.
(n) 
Recreational vehicle.
(o) 
Signs, in accordance with Article VI.
(p) 
Swimming pool (noncommercial).
(q) 
Temporary retail sales.
(r) 
Tennis court or similar impervious athletic surface.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Urban District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any use other than garden apartments or single-family attached dwellings
3,500
35
50
70
3
30
Garden apartments or single-family attached dwellings
(See "Garden Apartments and Single-Family Attached Dwellings" in § 450-324.)
*
For residential uses, this shall be the minimum lot area per dwelling unit.
**
Measured at the Minimum Front Yard listed in § 450-311G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Urban District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use other than garden apartments or townhouses
20
5
15
20
Garden apartments or townhouses
See "Garden Apartments and Townhouses" in § 450-324.
*
The depth at which the minimum lot width shall be measured.
H. 
Off-Street Parking Setback. The same requirements as are listed in § 450-319H shall apply.
A. 
Purpose. The purpose of the Neighborhood Convenience Commercial District is to provide opportunities for small retail, personal and professional service uses which provide convenience goods and services to Township residents and others. This district, which would be located at selected existing highway/street intersections, will have development controls to ensure sign control, attractive setbacks and landscaping.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Neighborhood Convenience Commercial District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Catering establishment*.
(2) 
Combination of uses permitted by right*,**
(3) 
Convenience stores*,**.
(4) 
Copy center*.
(5) 
Cultural center*.
(6) 
Financial establishment*,**.
(7) 
Food stand*,**.
(8) 
Forestry, including, but not limited to, timber harvesting*,**.
(9) 
Indoor civic or social organization*,**.
(10) 
Medical clinic or medical office*,**.
(11) 
Membership club or lodge*,**.
(12) 
Miniature golf (outdoor)*,**.
(13) 
Multiple use building*,**.
(14) 
Nursery school or day-care center*,**.
(15) 
Office*.
(16) 
Personal service establishment*,**.
(17) 
Recreation, municipal*.
(18) 
Recreation, non-municipal indoor*,**.
(19) 
Restaurant, fast food*,**.
(20) 
Restaurant, standard*,**.
(21) 
Retail greenhouse/nursery*,**.
(22) 
Retail store*,**.
(23) 
Township-owned use, including Township park fire station.
*
Site plan review required (see § 450-409).
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Neighborhood Convenience Commercial District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Amusement Establishment*.
(2) 
Animal hospital*.
(3) 
Automobile service station*.
(4) 
Bakery.
(5) 
Carwash*.
(6) 
Cemetery or mausoleum*.
(7) 
Combination of uses, where one or more of the uses are permitted by special exception*.
(8) 
Convalescent or nursing home*.
(9) 
Multiple use building, where one or more of the uses are permitted by special exception*.
(10) 
Orphanages*.
(11) 
Outdoor civic or social association*.
(12) 
Place of worship.
(13) 
Public utility facility*.
(14) 
School, public/private*.
(15) 
Vocational school*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Neighborhood Convenience Commercial District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter.
(1) 
Hotel/motel*.
(2) 
Shopping center*.
(3) 
Single-family detached dwelling.
(4) 
Two-family semidetached dwelling.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Neighborhood Convenience Commercial District shall comply with the minimum yard requirements of § 450-312G, except as otherwise provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Neighborhood Convenience Commercial District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Home occupation.
(h) 
Interior service and convenience uses.
(i) 
Keeping of animals or fowl.
(j) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(k) 
Off-street parking, in accordance with Article VII.
(l) 
Outdoor storage shed.
(m) 
Private greenhouse.
(n) 
Signs, in accordance with Article VI.
(o) 
Swimming pool (non-commercial).
(p) 
Temporary retail sales.
(q) 
Warehousing and storage in an accessory structure.
(r) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Neighborhood Convenience Commercial District, except as otherwise provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any use with both centralized sewer and water
10,000
40
60
75
2 1/2
30
Any use without both centralized sewer and water
43,560
100
40
60
2 1/2
30
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-312G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Neighborhood Convenience Commercial District, except as otherwise provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any Permitted Use
25
10
20
25
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback. The same requirements as are listed in § 450-319H shall apply.
A. 
Purpose. The purpose of the Penn Avenue Mixed Use District is to provide opportunities for a compatible mixture of retail, personal service, businesses and residential. This district includes commercial uses which will benefit from the proximity to Penn Avenue, but would integrate well with the neighborhood character and maintain the livability of the existing residences. This district also permits single-family dwellings and apartments in combination with commercial uses. Development controls will ensure sign control, attractive landscaping, traffic control and desirable setbacks.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Penn Avenue Mixed Use District by the Zoning Officer, provided that the use, type, dimensional, and all other applicable requirements of this chapter are satisfied:
(1) 
Ambulatory surgical center*,**.
(2) 
Animal hospital*,**.
(3) 
Apartments on the upper levels of buildings containing a permitted nonresidential use*,**.
(4) 
Art or photography studio*.
(5) 
Beverage distributor*,**.
(6) 
Bakery*.
(7) 
Catering establishment*.
(8) 
College, excluding those with dormitories*,**.
(9) 
Combination of uses permitted by right*,**
(10) 
Construction company, excluding those that have outdoor storage of construction equipment or materials*,**.
(11) 
Convenience store, excluding the sale of gasoline*,**.
(12) 
Copy center*.
(13) 
Cultural center*.
(14) 
Financial establishment*,**.
(15) 
Food stand*,**.
(16) 
Forestry, including, but not limited to, timber harvesting*,**.
(17) 
Funeral home*.
(18) 
Group home**.
(19) 
Health club*,**.
(20) 
Holiday tree sales**.
(21) 
Indoor civic or social organization*,**.
(22) 
Indoor membership club or lodge*,**.
(23) 
Medical clinic or medical office*,**.
(24) 
Multiple use building*,**.
(25) 
Nursery school or day-care center*,**.
(26) 
Office*.
(27) 
Personal service establishment*,**.
(28) 
Pet grooming establishment*.**.
(29) 
Recreation, municipal*.
(30) 
Recreation, non-municipal indoor*,**.
(31) 
Restaurant, fast food*,**.
(32) 
Restaurant, standard*,**.
(33) 
Retail greenhouse/nursery*,**.
(34) 
Retail store*,**.
(35) 
Semidetached commercial building*,**.
(36) 
Single-family detached dwelling.
(37) 
Temporary retail sales*,**.
(38) 
Township-owned use, including Township park.
(39) 
Two-family semidetached dwelling.
*
Site Plan Review required (see § 450-409)
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Penn Avenue Mixed Use District by the Board as a special exception in accordance with the standards contained in § 450-325 of this chapter.
[Amended 6-26-2017 by Ord. No. 428]
(1) 
Amusement Establishment*.
(2) 
Bed-and-breakfast*.
(3) 
Body art establishments*.
(4) 
Combination of uses, where one or more of the uses are permitted by special exception*.
(5) 
Fire station*.
(6) 
Micro-brewery, micro-winery or micro-distillery*.
(7) 
Multiple use building, where one or more of the uses are permitted by special exception*.
(8) 
Off-track betting parlor*.
(9) 
Place of worship.
(10) 
Public utility facility*.
(11) 
Single-family detached dwelling in combination with a commercial activity*.
(12) 
Tavern*.
(13) 
Vocational school*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Penn Avenue Mixed Use District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter.
(1) 
Off-street parking not located on the same lot as the permitted principal use*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Penn Avenue Mixed Use District shall comply with the minimum yard requirements of § 450-313G, except as otherwise provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Penn Avenue Mixed Use District only if such use complies with the relevant standards contained in § 450-327 of this chapter.
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Home gardening, nursery or greenhouse.
(h) 
Home occupation, including day-care center.
(i) 
Interior service and convenience uses.
(j) 
Keeping animals or fowl.
(k) 
No-impact home-based business, subject to the provisions of § 450-327C(12).
(l) 
Off-street parking, in accordance with Article VII.
(m) 
Outdoor storage shed.
(n) 
Private greenhouse.
(o) 
Recreational vehicle.
(p) 
Signs, in accordance with Article VI.
(q) 
Swimming pool (noncommercial).
(r) 
Temporary retail sales.
(s) 
Tennis court.
(t) 
Warehousing and storage in an accessory structure.
(u) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Penn Avenue Mixed Use District, except as provided for in this chapter.
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Single-family detached dwellings or two-family semidetached dwellings
3,500
35
50
70
3
30
Any other use with both centralized sewer and water
5,000
50
50
75
2 1/2
30
Any use without both centralized sewer and water
43,560
150
25
60
2 1/2
30
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-313G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Penn Avenue Mixed Use District, except as otherwise provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
5
5
15
20
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback.
(1) 
An off-street parking setback shall apply to all nonresidential uses.
(2) 
No off-street parking shall be located within five feet of the existing right-of-way line of any public street.
A. 
Purpose. The purpose of the Penn Avenue Commercial District is to accommodate a wide variety of commercial activities which provide goods and services to the Township residents and others. This district includes commercial uses which will benefit from the proximity to Penn Avenue. This district permits limited residential uses in combination with a commercial use. Development controls will ensure sign control, attractive landscaping, traffic control and desirable setbacks.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Penn Avenue Commercial District by the Zoning Officer, provided that the use, type, dimensional, and all other applicable requirements of this chapter are satisfied:
[Amended 8-28-2017 by Ord. No. 431]
(1) 
Adult day care*,**.
(2) 
Ambulatory surgical center*,**.
(3) 
Animal hospital*,**.
(4) 
Apartments on the upper levels of buildings containing a permitted nonresidential use*,**.
(5) 
Art or photography studio*.
(6) 
Beverage distributor*,**.
(7) 
Bakery*.
(8) 
Catering establishment*.
(9) 
College, excluding those with dormitories*,**.
(10) 
Combination of uses permitted by right*,**.
(11) 
Community center*,**.
(12) 
Construction company, excluding those that have substantial outdoor storage of equipment or materials*'**.
(13) 
Convenience store*,**.
(14) 
Copy center*.
(15) 
Cultural center*.
(16) 
Financial establishment*,**.
(17) 
Food stand*,**.
(18) 
Forestry, including, but not limited to, timber harvesting*,**.
(19) 
Funeral home*.
(20) 
Health Club*,**.
(21) 
Holiday tree sales**.
(22) 
Hospital or medical center*,**.
(23) 
Indoor civic or social organization*,**.
(24) 
Indoor membership club or lodge*,**.
(25) 
Medical clinic or medical office*,**.
(26) 
Miniature golf (outdoor)*,**.
(27) 
Mixed-use development*,**.
(28) 
Multiple use building*,**.
(29) 
Nursery school or day-care center*,**.
(30) 
Office*.
(31) 
Personal service establishment*,**.
(32) 
Pet grooming establishment*.**.
(33) 
Recreation, municipal*.
(34) 
Recreation, non-municipal indoor*,**.
(35) 
Restaurant, fast food*,**.
(36) 
Restaurant, fast food with drive-through service*,**.
(37) 
Restaurant, standard*,**.
(38) 
Retail greenhouse/nursery*,**.
(39) 
Retail store*,**.
(40) 
Temporary retail sales*,**.
(41) 
Township-owned use, including Township park and fire station.
(42) 
Vocational school*,**.
*
Site Plan Review required (see § 450-409)
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Penn Avenue Commercial District by the Board as a special exception in accordance with the standards contained in § 450-325 of this chapter.
[Amended 6-26-2017 by Ord. No. 428]
(1) 
Amusement Establishment*.
(2) 
Auditorium*.
(3) 
Automobile repair*.
(4) 
Automobile sales*.
(5) 
Automobile service station*.
(6) 
Body art establishments*.
(7) 
Carwash*.
(8) 
Combination of uses, where one or more of the uses are permitted by special exception*.
(9) 
Lumber yard*.
(10) 
Micro-brewery, micro-winery or micro-distillery*.
(11) 
Multiple use building, where one or more of the uses are permitted by special exception*.
(12) 
Off-track betting parlor*,**.
(13) 
Place of worship.
(14) 
Public utility facility*.
(15) 
Tavern or nightclub*.
(16) 
Taxi, limousine or bus terminal*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Penn Avenue Commercial District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter.
(1) 
Hotel/motel*.
(2) 
Off-street parking not located on the same lot as the permitted principal use*.
(3) 
Shopping center*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Penn Avenue Commercial District shall comply with the minimum yard requirements of § 450-314G, except as otherwise provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Penn Avenue Commercial District only if such use complies with the relevant standards contained in § 450-327 of this chapter.
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Home occupation, including day-care center.
(h) 
Interior service and convenience uses.
(i) 
Keeping animals or fowl.
(j) 
No-impact home-based business, subject to the provisions of § 450-327C(12).
(k) 
Off-street parking, in accordance with Article VII.
(l) 
Outdoor storage shed.
(m) 
Recreational vehicle.
(n) 
Signs, in accordance with Article VI.
(o) 
Temporary retail sales.
(p) 
Warehousing and storage in an accessory structure.
(q) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Penn Avenue Commercial District, except as provided for in this chapter.
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any use with both centralized sewer and water
10,000
100
60
75
3
40
Any use without both centralized sewer and water
43,560
150
25
60
2 1/2
30
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-314G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Penn Avenue Commercial District, except as otherwise provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
5
10
20
25
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback.
(1) 
An off-street parking setback shall apply to all nonresidential uses.
(2) 
No off-street parking shall be located within five feet of the existing right-of-way line of any public street.
I. 
Setbacks of nonresidential buildings from residential uses. Any nonresidential buildings shall be set back a minimum of 25 feet from the boundary of any residential district.
A. 
Purpose. The provisions of the Penn Avenue Overlay (PAO) District shall be supplemental to the regulations of the Penn Avenue Mixed Use (PMU) District and the Penn Avenue Commercial (PAC) District. These additional provisions do not replace the underlying zoning district regulations, but enhance those standards for the following purposes:
(1) 
To make the Penn Avenue corridor a stronger, more pedestrian friendly, business center.
(2) 
To heighten interest in redeveloping the corridor's underutilized properties.
(3) 
To encourage expansion of existing businesses and start-ups of new businesses.
B. 
The Penn Avenue Overlay District shall not be an independent zoning district, but shall be a set a special zoning regulations and standards to be applied over and above the zoning regulations otherwise controlling on a tract of land. The district upon which the overlay district is superimposed is referred to herein as the "underlying district."
C. 
Location. The Penn Avenue Overlay District shall be comprised of the areas designated as the Penn Avenue Mixed Use (PMU) District and the Penn Avenue Commercial (PAC) District.
D. 
Permitted principal uses. The principal uses permitted within the Penn Avenue Overlay District shall be those listed as uses permitted by right, by condition or by special exception within the underlying zoning district, and in accordance with the provisions for those uses.
E. 
Illustrative sketches. This section includes illustrative sketches intended to display specific concepts employed within the Penn Avenue Overlay District. These sketches are not drawn "to scale" and are not intended to display all relevant requirements and regulations that may impact a proposed use or structure, but are meant to demonstrate the specific provisions of the Penn Avenue Overlay District for which they have been provided.
F. 
Parking.
(1) 
Parking relief. Within the Penn Avenue Overlay District, applicants for new or expanded buildings or uses shall be required to provide 75% of the number of off-street parking spaces specified for that use within Table 7.1 "Off-Street Parking Requirements" in Article VII of this chapter. This decrease in the required number of parking spaces shall be applied only to the standard number of spaces specified in Table 7.1, and shall not be applied to the number of parking spaces determined by the common parking lot provisions under § 450-702G, Joint use, or the parking reduction provisions under § 450-702O.
(2) 
Parking space size. The minimum dimensions for off-street parking spaces within the Penn Avenue Overlay District shall be reduced from the provisions of § 450-703C to a minimum of 9 1/2 feet by 18 feet. This reduced parking space size shall not be applied to parallel parking spaces, which shall be provided in accordance with the provisions of § 450-703C.
Parking Space Size Example
(3) 
Enlargement or alteration of an existing building or use. Within the Penn Avenue Overlay District, where parking facilities lawfully existed before this chapter was passed or amended, an enlargement or alteration of an existing building or an existing use served by those parking facilities shall require that the current parking requirements of this chapter be met only relative to the expanded or altered portion of the existing building or existing use. The current parking requirements shall not be applied to the existing portion or use, unless those requirements result in a lower number of required parking spaces.
G. 
Signs.
(1) 
Free-standing signs within the Penn Avenue Overlay District shall have the following maximum heights:
(a) 
Fifteen feet within the area designated as the PMU District.
(b) 
Twenty feet within the area designated as the PAC District.
Sign Height Example
(2) 
Free-standing signs within the Penn Avenue Overlay District shall not be required to be set back 10 feet from the right-of-way line of Penn Avenue, however, the clear sight triangle requirements of §§ 450-314I, 450-315I and 450-405H must be met.
H. 
Damage or destruction. Within the Penn Avenue Overlay District, a nonconforming building that lawfully existed before this chapter was passed or amended, which is destroyed or partially destroyed by fire, explosion or by any means, may be reconstructed or reused to the same extent as its previous nonconformity. No such nonconforming building may be reconstructed, reused, enlarged or altered in a way which increases its nonconformity.
I. 
Clear sight triangles. At signalized intersections within the Penn Avenue Overlay District, where an existing building encroaches into the clear sight triangle required by the provisions of § 450-405H, a new building, or a building enlargement or alteration, may encroach into the clear sight triangle to the same extent as the existing building. However, in no case shall a new building, or a building enlargement or alteration encroach upon the state road sight distance requirements of the Pennsylvania Department of Transportation.
Clear Sight Triangle Example
J. 
Suggested development standards. Within the Penn Avenue Overlay District applicants for developments and building or site improvements are strongly encouraged to make a good faith effort to observe the following standards and provisions:
(1) 
Building height.
(a) 
A minimum building height of 20 feet or two stories for new buildings.
(b) 
The maximum building height shall be in accordance with the requirements of the underlying zoning district.
Building Height Example
(2) 
Building location.
(a) 
The five-foot minimum building setback line shall be considered a "build-to line." To the maximum extent feasible, new buildings shall place at this build-to line.
(b) 
At least 60% of an individual building facade shall be located along the build-to line. Up to 40% of the facade may be offset from the build-to line by a maximum of four feet in order to provide architectural recesses, projects or open space, and to promote visual diversity and architectural enhancement.
(c) 
Where a building is constructed to the build-to line, but does not extend the full length of a lot, a street edge treatment shall complete the remainder of the build-to line otherwise formed by a facade. Such street edge treatments shall consist of walls, fences, hedges or piers.
Building Location Example
(3) 
Private garages.
(a) 
Attached, front-loaded garages shall be set back a minimum of 15 feet from the primary facade's vertical plane.
(b) 
Detached, front-loaded garages shall be set back a minimum of 20 feet from a street right-of-way.
(4) 
Parking location.
(a) 
Off-street parking shall be located to the rear of buildings, or behind the build-to line if side yard parking location is necessary due to lot configuration.
Parking Location Example
(b) 
Off-street parking lots shall not be located at street corners along Penn Avenue.
(c) 
Where possible, off-street parking lots and garages shall be accessed from alleys, unless no alleys exist and alley construction is not feasible due to lot configuration.
[Amended 6-26-2017 by Ord. No. 428; 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Planned Highway Interchange District is to accommodate a variety of commercial activities which principally rely upon vehicular use. The District provides opportunities for office buildings and other compatible businesses that will serve industries/businesses as well as the needs for medical, financial, legal, engineering, architectural and other professional services.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Planned Highway Interchange District by the Zoning Officer, provided that the use, type, dimensional, and all other applicable requirements of this chapter are satisfied. These uses are permitted by right whether or not a Planned Business Development has been approved for the property on which these uses are proposed:
(1) 
Automobile repair*,**.
(2) 
Automobile service station*,**.
(3) 
Bakery*.
(4) 
Beverage distributor*,**.
(5) 
Carwash*,**.
(6) 
Civic or social organization*,**.
(7) 
Collocated antenna.
(8) 
Combination of uses permitted by right*,**.[1]
[1]
Editor's Note: Original Subsection (B)(8), Communications antenna mounted on an existing public utility transmission tower, building or other structure, and communication equipment buildings, which immediately followed this subsection, was repealed 6-14-2021 by Ord. No. 448.
(9) 
Copy center*.
(10) 
Food stand*,**.
(11) 
Forestry, including, but not limited to, timber harvesting*,**.
(12) 
Funeral home.
(13) 
Holiday tree sales**.
(14) 
Indoor sports facility*,**.
(15) 
Membership club*,**.
(16) 
Miniature golf (outdoor)*,**.
(17) 
Multiple use building*,**.
(18) 
Office*.
(19) 
Personal service establishment*,**.
(20) 
Recreation, municipal*.
(21) 
Recreation, non-municipal indoor*,**.
(22) 
Recreation, non-municipal outdoor*,**.
(23) 
Retail greenhouse/nursery*,**.
(24) 
Self-storage facility*,**.
(25) 
Small communication facility.
(26) 
Temporary retail sales*,**.
(27) 
Township-owned use, including Township park fire station.
*
Site Plan Review required (see § 450-409)
**
See § 450-324 for additional requirements.
C. 
Uses permitted by right (within a planned business development). Each of the following principal uses and their accessory uses are permitted by right by the Zoning Officer within a Planned Business Development, for which Conditional Use approval has been obtained in the Planned Highway Interchange District, provided that the use, type, dimensional, and all other applicable requirements of this chapter are satisfied. See definition of Planned Business Development in Article II.
(1) 
Ambulatory surgical center*,**.
(2) 
Animal hospital*,**.
(3) 
Automobile sales*,**.
(4) 
Combination of uses permitted by right*,**.
(5) 
Convenience store*,**.
(6) 
Financial establishment*,**.
(7) 
Hospital or medical center*,**.
(8) 
Hotel/motel*,**.
(9) 
Medical clinic or medical office*,**.
(10) 
Multiple use building, where one or more of the uses are permitted by special exception*,**.
(11) 
Nursery school or day-care center*,**.
(12) 
Off-track betting parlor*,**.
(13) 
Restaurant, fast food*,**.
(14) 
Restaurant, fast food with drive-through service*,**.
(15) 
Restaurant, standard*,**.
(16) 
Retail store*,**.
(17) 
Shopping center*,**.
(18) 
Taxi, limousine or bus terminal*,**.
*
Site Plan Review required (see § 450-409)
**
See § 450-324 for additional requirements.
D. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Highway Interchange District by the Board as a special exception in accordance with the standards contained in § 450-325 of this chapter.
(1) 
Amusement establishment*.
(2) 
Auditorium*.
(3) 
Combination of uses, where one or more of the uses are permitted by special exception*.
(4) 
Communications towers and communications equipment buildings*.
(5) 
Conference center*.
(6) 
Cultural center.
(7) 
Drive-in theater*.
(8) 
Lumber yard*.
(9) 
Micro-brewery, micro-winery or micro-distillery*.
(10) 
Public utility facility*.
(11) 
Tavern*.
*
See § 450-324 for additional requirements.
E. 
Conditional uses. Each of the following principal uses may be permitted within the Planned Highway Interchange District when authorized by the Board of Supervisors in accordance with the standards of § 450-326 of this chapter.
(1) 
Casino or gaming establishment*.
(2) 
Off-street parking not located on the same lot as the permitted principal use*.
(3) 
Planned business development. See § 450-316G.
*
See § 450-324 for additional requirements.
F. 
Accessory uses.
(1) 
Each accessory use in the Planned Highway Interchange District shall comply with the minimum yard requirements of § 450-316I, except as otherwise provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Planned Highway Interchange District only if such use complies with the relevant standards contained in § 450-327 of this chapter.
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Home gardening, nursery or greenhouse.
(h) 
Home occupation, including day-care center.
(i) 
Interior service and convenience uses.
(j) 
Keeping animals or fowl.
(k) 
Off-street parking, in accordance with Article VII.
(l) 
No-impact home-based business, subject to the provisions of § 450-327C(12).
(m) 
Outdoor storage shed.
(n) 
Private greenhouse.
(o) 
Recreational vehicle.
(p) 
Seasonal roadside produce market.
(q) 
Signs, in accordance with Article VI.
(r) 
Temporary retail sales.
(s) 
Warehousing and storage in an accessory structure.
(t) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
G. 
Standards for approval of a planned business development. To assure that the intent and requirements of the Planned Highway Interchange District are complied with, review and approval of a Planned Business Development is required, where specified, as a conditional use.
(1) 
Minimum tract size: 10 acres. See definition of tract size in Article II.
(2) 
Retail and shopping center. No more than 10 acres of the Planned Business Development shall be devoted to retail and shopping center uses.
(3) 
Site plan. A Site Plan is required. See § 450-409.
(4) 
Information. The applicant shall present all available information on the types of tenants or uses that are intended or expected within the different portions of the development.
(5) 
Relationship to surroundings. The applicant shall show how the development will be coordinated with access and utilities of other existing or proposed developments in the vicinity.
(6) 
Open space and landscaping. The application shall include an overall plan of open spaces and landscaping. The plan shall be implemented through a series of deed restrictions on each lot.
(7) 
Access.
(a) 
Coordinated access. Any Planned Business Development shall make the absolute maximum use possible of the interior streets, as opposed to numerous driveways entering onto existing public streets. Deed restrictions shall be placed on any individual lots that are created, to require access to the interior street system only.
(b) 
Easements for access. The Board of Supervisors may, at the time of approval of a subdivision or land development within a Planned Business Development, require a lot or tract to provide an easement, stub street extension and/or street right-of-way extension for vehicular traffic to adjoining tracts to allow an efficient interior access system.
(8) 
Traffic impact study. When the proposed development would meet the criteria for a traffic study specified in Chapter 400, Subdivision and Land Development, or when determined necessary by the Township Engineer, an application for a Planned Business Development shall include a Traffic Impact Study addressing the anticipated impact of the proposed development.
(9) 
Staged construction. If development is to occur in progressive stages, each stage shall be planned and occur so that the purposes and requirements of this chapter are fully complied with at the completion of each stage. Each stage shall be shown on the plan.
(10) 
Lot regulations. Any lot proposed to be created presently or in the future within a Planned Business Development shall be capable of complying with the Lot and Yard requirements of § 450-316H and I of this chapter.
(11) 
Information on covenants. A Planned Business Development shall include a reasonable set of deed restrictions or covenants imposed by the developer on each lot. These covenants should cover types of uses, maintenance of lots and commercial operations, with a proper means for enforcement. The covenants shall also be written to carry out the purposes and requirements of a Planned Business Development. The language of these covenants shall be presented to the Township before a Planned Business Development is approved.
(12) 
Sewer and water. All lots within a Planned Business Development shall be provided with centralized sewer and water services.
H. 
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Planned Highway Interchange District, except as provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any use with both centralized sewer and water
10,000
100
60
75
3 1/2
60
Any use without both centralized sewer and water
43,560
150
40
60
3 1/2
60
*
Measured at the Minimum Front Yard listed in § 450-316I for the particular use.
I. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Planned Highway Interchange District, except as otherwise provided for in this chapter.
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any use
50
20
40
30
*
The depth at which the minimum lot width shall be measured.
J. 
Off-street parking setback. The same requirements as are listed in § 450-319H shall apply.
K. 
Setbacks of industrial uses from residential uses. The same requirements as are listed in § 450-319I shall apply.
L. 
Setbacks of nonresidential buildings from residential uses. The same requirements as are listed in § 450-318J shall apply.
[Amended 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Planned Highway Transitional District is to provide an area to allow for a smooth transition between the uses permitted within the Planned Highway Interchange District and the adjoining residential districts. This District permits low density single-family dwellings on lots large enough to provide for both on-lot sewage disposal and water supply while providing for the opportunity to have somewhat smaller lots if public water and sewage facilities become available. This District also permits selective commercial development to promote a compatible mix of professional, business and residential uses. Open space developments and planned residential development are also provided as a desirable alternative to conventional single-family developments.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Planned Highway Transitional District by the Zoning Officer, provided that the use, type, dimensional, and all other applicable requirements of this chapter are satisfied:
(1) 
Catering establishment*.
(2) 
Civic or social organization*,**.
(3) 
Collocated antenna.
(4) 
Copy center*.
(5) 
Financial establishment**.
(6) 
Forestry, including but not limited to, timber harvesting*,**.
(7) 
Indoor sports facility*,**.
(8) 
Membership club*,**.
(9) 
Miniature golf (outdoor)*,**.
(10) 
Nursery school or day-care center*,**.
(11) 
Open Space Development in accordance with § 450-901 (Appendix A)*,**.
(12) 
Recreation, municipal*.
(13) 
Recreation, non-municipal indoor*,**.
(14) 
Recreation, non-municipal outdoor*,**.
(15) 
Retail greenhouse/nursery*,**.
(16) 
Single-family detached dwelling, in accordance with the provisions of § 450-317F, and § 450-317G, and § 450-324.**
(17) 
Small communication facility.
(18) 
Township-owned use, including Township park and fire station.
*
Site Plan Review required (see § 450-409)
**
See § 450-324B for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Highway Transitional District by the Board as a special exception in accordance with the standards contained in § 450-325 of this chapter.
(1) 
Amusement establishment*.
(2) 
Animal hospital*.
(3) 
Bed-and-breakfast*.
(4) 
Cemetery*.
(5) 
Communications towers and communications equipment buildings*.
(6) 
Conference center*.
(7) 
Drive in theater*.
(8) 
Lumber yard*.
(9) 
Medical clinic or medical office*.
(10) 
Office*.
(11) 
Place of worship.
(12) 
Public utility facility*.
(13) 
School, public/private, not including vocational school*.
(14) 
Swimming club (outdoor)*.
(15) 
Tennis club (outdoor)*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted within the Planned Highway Transitional District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter.
(1) 
Off-street parking not located on the same lot as the permitted principal use*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Planned Highway Transitional District shall comply with the minimum yard requirements of § 450-317G, except as otherwise provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Planned Highway Transitional District only if such use complies with the relevant standards contained in § 450-327 of this chapter.
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Farm pond.
(d) 
Fence and wall.
(e) 
Garage.
(f) 
Geothermal energy system, accessory.
(g) 
Holiday tree sales.
(h) 
Home gardening, nursery or greenhouse.
(i) 
Home occupation, including day-care center.
(j) 
Horse barn.
(k) 
Interior services and convenience uses.
(l) 
Keeping animals or fowl.
(m) 
Off-street parking, in accordance with Article VII.
(n) 
No-impact home-based business, subject to the provisions of § 450-327C(12).
(o) 
Outdoor storage shed.
(p) 
Private greenhouse.
(q) 
Recreational vehicle.
(r) 
Seasonal roadside produce market.
(s) 
Signs, in accordance with Article VI.
(t) 
Storage in an accessory structure.
(u) 
Swimming pool (non-commercial).
(v) 
Temporary retail sales.
(w) 
Tennis court.
(x) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Planned Highway Transitional District, except as provided for in this chapter.
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Single-family detached dwelling and mobile/manufactured home: - with both centralized sewer and water
20,000
150
10
20
2 1/2
30
Single-family cluster development
(In accordance with § 450-901 (Appendix A))
Planned residential development
(In accordance with Chapter 307, Planned Residential Development)
All other permitted uses with both centralized sewer and water - per lot
20,000
150
10
20
2 1/2
30
Any permitted uses without centralized sewer and water
130,680
(3 acres)
200
5
10
2 1/2
30
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-317G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Planned Highway Transitional District, except as otherwise provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
50
25
60
30
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback. The same requirements as are listed in § 450-319H shall apply.
[Amended 1-23-2017 by Ord. No. 425; 6-26-2017 by Ord. No. 428; 8-28-2017 by Ord. No. 431; 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Planned Office/Business District is to provide opportunities for modern office buildings, residential uses and other compatible businesses that will serve industries/businesses as well as the needs for medical, financial, legal, architectural and other professional services. Development controls will ensure sign control, attractive landscaping, desirable setbacks, traffic control and compatibility with adjacent residential uses.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Planned Office/Business Commercial District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this chapter are satisfied.
(1) 
Apartments on the upper levels of buildings containing a permitted nonresidential use*,**.
(2) 
Art or photography studio*.
(3) 
Civic or social organization*,**.
(4) 
Collocated antenna.
(5) 
Combination of uses permitted by right*,**.[1]
[1]
Editor's Note: Original Subsection (B)(5), Communications antenna mounted on an existing public utility transmission tower, building or other structure, and communication equipment buildings, which immediately followed this subsection, was repealed 6-14-2021 by Ord. No. 448.
(6) 
Conference/training center*,**.
(7) 
Convenience store*,**.
(8) 
Copy center*.
(9) 
Cultural center*.
(10) 
Forestry, including but not limited to, timber harvesting*,**.
(11) 
Financial establishments, including banking and banking operations center and automated banking machines*,**.
(12) 
Garden apartments located on college-adjacent property, as defined in § 450-202*,**.
(13) 
Indoor sports facility*,**.
(14) 
Medical office or medical clinic*,**.
(15) 
Membership club*,**.
(16) 
Miniature golf (outdoor)*,**.
(17) 
Mixed-use development*,**.
(18) 
Multiple use building*,**.
(19) 
Nursery school or day-care center*,**.
(20) 
Office*.
(21) 
Recreation, municipal*.
(22) 
Recreation, non-municipal indoor*,**.
(23) 
Recreation, non-municipal outdoor*,**.
(24) 
Restaurant, standard*,**.
(25) 
Retail greenhouse/nursery*,**.
(26) 
Retail store, having a total floor area less than 50,000 square feet*,**.
(27) 
Small communication facility.
(28) 
Township-owned use, including Township park fire station.
*
Site plan review required. (see § 450-409)
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Office/Business Commercial District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Ambulatory surgical center*.
(2) 
Amusement establishment*.
(3) 
Animal hospital*.
(4) 
Auditorium*.
(5) 
Bakery.
(6) 
Cemetery/mausoleum*.
(7) 
Colleges or universities, including dormitories as a clearly accessory use, restricted to students of such college or institution*.
(8) 
Combination of uses, where one or more of the uses are permitted by special exception*.
(9) 
Communications towers and communications equipment buildings*.
(10) 
Heliport*.
(11) 
Micro-brewery, micro-winery or micro-distillery*.
(12) 
Multiple use building, where one or more of the uses are permitted by special exception*.
(13) 
Off-track betting parlor*.
(14) 
Personal service establishment*.
(15) 
Place of worship.
(16) 
Public utility facility*.
(17) 
School, public/private*.
(18) 
Swimming club (outdoor)*.
(19) 
Tavern*.
(20) 
Tennis club (outdoor)*.
(21) 
Vocational school*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Office/Business Commercial District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Hospital or medical center*.
(2) 
Hotel, motel including restaurants*.
(3) 
Off-street parking not located on the same lot as the permitted principal use*.
(4) 
Nightclub*.
(5) 
Retail store, having a total floor area in excess of 50,000 square feet*.
(6) 
Shopping center, including restaurants and health clubs*.
(7) 
Single-family detached dwellings*.
(8) 
Vehicle wash preventive maintenance center*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Planned Office/Business District shall comply with the minimum yard requirements of § 450-318G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Planned Office/Business District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Geothermal energy system, accessory.
(e) 
Holiday tree sales.
(f) 
Interior service and convenience uses.
(g) 
No-Impact home-based businesses, subject to the provisions of § 450-327C(12).
(h) 
Off-street parking.
(i) 
Outdoor storage shed.
(j) 
Signs, in accordance with Article VI.
(k) 
Temporary retail sales.
(l) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Planned Office/Business Commercial District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Single-family detached dwelling and mobile/manufactured home: with both centralized sewer and water
10,000
70
40
55
2 1/2
30
Single-family cluster development
(In accordance with § 450-901 (Appendix A))
Planned residential development
(In accordance with Chapter 307, Planned Residential Development)
All other permitted uses with both centralized sewer and water - per lot
10,000
100
60
75
3 1/2
60
Any use without centralized water and sewer
43,560
150
40
60
3 1/2
60
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-318G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use of the Planned Office/Business Commercial District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Nonresidential use
50
20
40
30
Residential use
-SFD
30
8
20
30
-SFD Cluster
20
5
10
30
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setback. The same requirements as are listed in § 450-319H shall apply.
I. 
Setbacks of industrial uses from residential uses. The same requirements as are listed in § 450-319I shall apply.
J. 
Setbacks of nonresidential buildings from residential uses. Any nonresidential buildings shall be set back a minimum of 75 feet from the property boundary line of any existing principally residential use and from the boundary of any residential district, and furthermore, wherever a zoning district boundary line exists between a planned office business (PO/B) zoning district and any residential zoning district which does not coincide with a property boundary, the aforementioned setback shall be measured from the portion of the property boundary line located within the residential zoning district, which does not coincide with the zoning district boundary line. The provisions of this subsection shall not apply to industrial buildings and/or uses (see § 450-318I).
[Amended 6-26-2017 by Ord. No. 428; 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Planned Business and Residential District is to provide opportunities for a compatible mixture of retail, personal service, other business and residential uses. Development controls will ensure sign control, attractive landscaping, desirable setbacks and compatibility between adjoining uses.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Planned Business and Residential Commercial District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this chapter are satisfied. Permitted uses are subject to the performance standards contained in Article V.
(1) 
Agriculture, general**.
(2) 
Agricultural industry.
(3) 
Animal hospital*,**.
(4) 
Art or photography studio*.
(5) 
Bakery.
(6) 
Beverage distributor*,**.
(7) 
Catering establishment*.
(8) 
Civic or social organization*,**.
(9) 
Collocated antenna.
(10) 
Combination of uses permitted by right*,**.
(11) 
Commercial stable or riding academy*,**.[1]
[1]
Editor's Note: Original Subsection B(11), Communications antenna mounted on an existing public utility transmission tower, building or other structure, and communication equipment buildings, which immediately followed this subsection, was repealed 6-14-2021 by Ord. No. 448.
(12) 
Community center*,**.
(13) 
Construction company*,**.
(14) 
Convenience store*,**.
(15) 
Copy center*.
(16) 
Cultural center*.
(17) 
Financial establishment*,**.
(18) 
Food stand*,**.
(19) 
Forestry, including, but not limited to, timber harvesting*,**.
(20) 
Funeral home*.
(21) 
Group home**.
(22) 
Holiday tree sales**.
(23) 
Medical clinic or medical office*,**.
(24) 
Membership club*,**.
(25) 
Miniature golf (outdoor)*,**.
(26) 
Multiple use building*,**.
(27) 
Nursery school or day-care center*,**.
(28) 
Office*.
(29) 
Open air retail*,**.
(30) 
Open air retail sales of agricultural products*,**.
(31) 
Orchard or Christmas tree farm.
(32) 
Personal service establishment*,**.
(33) 
Pet grooming establishment*,**.
(34) 
Recreation, municipal*.
(35) 
Recreation, non-municipal indoor*,**.
(36) 
Recreation, non-municipal outdoor*,**.
(37) 
Restaurant, fast food*,**.
(38) 
Restaurant, standard*,**.
(39) 
Retail greenhouse/nursery*,**.
(40) 
Retail store*,**.
(41) 
Self-storage facility*,**.
(42) 
Single-family detached dwelling, in accordance with the provisions of § 450-319F, 450-319G, and § 450-324.**
(43) 
Small communication facility.
(44) 
Swimming club (outdoor)*,**.
(45) 
Temporary retail sales*,**.
(46) 
Tennis club (outdoor)*,**.
(47) 
Township-owned use, including Township park and fire station.
(48) 
Two-family detached dwelling*.
(49) 
Two-family semidetached dwelling*.
(50) 
Warehouse*,**.
(51) 
Wholesale*,**.
*
Site plan review required (see § 450-409)
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Business and Residential Commercial District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Automobile repair*.
(2) 
Automobile service station*.
(3) 
Bed-and-breakfast*.
(4) 
Boarding house*.
(5) 
Carwash*.
(6) 
Cemetery*.
(7) 
Combination of uses, where one or more of the uses are permitted by special exception*.
(8) 
Fuel oil company*.
(9) 
Lumber yard*.
(10) 
Micro-brewery, micro-winery or micro-distillery*.
(11) 
Multiple use building, where one or more of the uses are permitted by special exception*.
(12) 
Place of worship.
(13) 
Public utility facility*.
(14) 
Single-family detached dwelling in combination with a commercial activity*.
(15) 
Tavern*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Business and Residential Commercial District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Alternative energy system, principal*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Planned Business and Residential Commercial District shall comply with the minimum yard requirements of § 450-319G except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Planned Business and Residential Commercial District only if such use complies with the relevant standards contained in § 450-327 of this chapter.
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Farm pond.
(d) 
Fence and wall.
(e) 
Garage.
(f) 
Geothermal energy system, accessory.
(g) 
Holiday tree sales.
(h) 
Home gardening, nursery or greenhouse.
(i) 
Home occupation, including day-care center.
(j) 
Horse barn.
(k) 
Keeping animals and fowl.
(l) 
No-Impact Home-Based Businesses, subject to the provisions of § 450-327C(12).
(m) 
Off-street parking, in accordance with Article VII.
(n) 
Outdoor storage shed.
(o) 
Outdoor wood-fired boiler.
(p) 
Private greenhouse.
(q) 
Recreational vehicle.
(r) 
Seasonal roadside produce market.
(s) 
Signs, in accordance with Article VI.
(t) 
Swimming pools (noncommercial).
(u) 
Temporary retail sales.
(v) 
Tennis court or similar impervious athletic surface.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Planned Business and Residential Commercial District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Residential uses with both centralized sewer and water
5,000
50
50
70
2 1/2
30
Commercial uses with both centralized sewer and water
20,000
100
40
75
2 1/2
30
Industrial use with both centralized sewer and water
20,000
150
60
75
2 1/2
30
Open space development
(In accordance with § 450-901 (Appendix A))
Any permitted use without both centralized sewer and water
43,560
150
60
75
2 1/2
30
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-319G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Planned Business and Residential Commercial District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Residential use
30
5
10**
15
10**
25
Any other permitted use
25
50
100
50
Industrial use
50
25
50
25
*
The depth at which the minimum lot width shall be measured.
**
If only one side yard.
H. 
Off-street parking setback.
(1) 
An off-street parking setback shall apply to all nonresidential uses and to garden apartments.
(2) 
No off-street parking shall be located within 10 feet of the existing right-of-way line of any public street.
(3) 
In addition, if a lot or a tract has an average width greater than 250 feet, a front yard improvement setback of 25 feet shall be required from the existing right-of-way line of any arterial street.
I. 
Setbacks of industrial uses from residential uses. No industrial structure or use, loading or unloading area, truck parking area nor outside storage area shall be located within 120 feet of the lot line of an existing principally residential use and the boundary of an RS, LDS, MDS, SS or U District, unless the property owner of that adjacent land specifically waives their right to the setback in writing.
J. 
Setbacks of nonresidential buildings from residential uses. The same requirements as are listed in § 450-318J shall apply.
[Amended 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Planned Industry/Business District is to provide opportunities for light industrial uses and for a variety of compatible businesses, offices and appropriate commercial uses. Development controls will ensure excellence in site planning, stringent traffic control and attractive and compatible development.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Planned Industry/Business Industrial District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Auditorium*,**.
(2) 
Beverage distributor*,**.
(3) 
Catering establishment*.
(4) 
Collocated antenna.
(5) 
Combination of uses permitted by right*,**.[1]
[1]
Editor's Note: Original Subsection B(5), Communications antenna mounted on an existing public utility transmission tower, building or other structure, and communication equipment buildings, which immediately followed this subsection, was repealed 6-14-2021 by Ord. No. 448.
(6) 
Community center*,**.
(7) 
Convenience store*,**.
(8) 
Copy center*.
(9) 
Financial establishment*,**.
(10) 
Forestry, including but not limited to, timber harvesting*,**.
(11) 
Funeral home*.
(12) 
Indoor civic or social organization*,**.
(13) 
Indoor membership club*,**.
(14) 
Indoor sports facility*,**.
(15) 
Medical office or medical clinic*,**.
(16) 
Multiple use building*,**.
(17) 
Nursery school or day-care center*,**.
(18) 
Office*.
(19) 
Recreation, municipal*.
(20) 
Recreation, non-municipal indoor*,**.
(21) 
Restaurant, standard*,**.
(22) 
Retail greenhouse/nursery*,**.
(23) 
Retail stores*,**.
(24) 
Self-storage facility*,**.
(25) 
Small communication facility.
(26) 
Township-owned use, including Township park fire station.
(27) 
Warehouse*,**.
(28) 
Wholesale*,**.
*
Site plan review required (see § 450-409).
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Industry/Business Industrial District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Amusement Establishment*.
(2) 
Animal hospital*.
(3) 
Bakery.
(4) 
Combination of uses, where one or more of the uses are permitted by special exception*.
(5) 
Communications towers and communications equipment buildings*.
(6) 
Construction company*.
(7) 
Heliport*.
(8) 
Light industrial use*.
(9) 
Lumber yard*.
(10) 
Multiple use building, where one or more of the uses are permitted by special exception*.
(11) 
Public utility facility*.
(12) 
Taxi, limousine or bus terminal*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Industry/Business Industrial District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Alternative energy system, principal*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Planned Industry/Business Industrial District shall comply with the minimum yard requirements of § 450-320G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Planned Industry/Business Industrial District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Farm pond.
(d) 
Fence and wall.
(e) 
Garage.
(f) 
Geothermal energy system, accessory.
(g) 
Holiday tree sales.
(h) 
Interior service and convenience uses.
(i) 
No-impact home-based business, subject to the provisions of § 450-327C(12).
(j) 
Off-street parking, in accordance with Article VII.
(k) 
Outdoor storage shed.
(l) 
Private greenhouse.
(m) 
Signs, in accordance with Article VI.
(n) 
Temporary retail sales.
(o) 
Warehousing or storage in an accessory structure.
(p) 
Retail use accompanying an industrial use for the sale of the product(s) manufactured, produced or stored in the same building.
(q) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Planned Industry/Business Industrial District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(square feet)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any permitted uses
87,120
200
50
75
3 1/2
50
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-320G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Planned Industry/Business Industrial District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
50
25
50
25
*
The depth at which the minimum lot width shall be measured.
H. 
Improvement setbacks. The same requirements as are listed in § 450-319H shall apply.
I. 
Setbacks of industrial uses from residential uses. The same requirements as are listed in § 450-319I shall apply.
J. 
Setbacks of nonresidential buildings from residential uses. The same requirements as are listed in § 450-318J shall apply.
[Amended 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Extractive Industry District is to provide opportunities for uses which depend upon open areas for mining, manufacturing or storage. Development controls will ensure these uses are located, operated and maintained so as not to adversely affect either adjoining properties or the public health, safety and welfare of present and future Township residents.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Extractive Industry District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Automobile auctions and storage yards*,**.
(2) 
Collocated antenna.
(3) 
Forestry, including but not limited to, timber harvesting*,**.
(4) 
Mineral extraction*,**.
(5) 
Orchard.
(6) 
Recreation, municipal*.
(7) 
Retail greenhouse/nursery*,**.
(8) 
Self-storage facility*,**.
(9) 
Small communication facility.
(10) 
Township-owned use, including Township park fire station.
(11) 
Warehouse*,**.
(12) 
Wholesale*,**.
*
Site plan review requirements (See § 450-409).
**
See § 450-324 for additional requirements.
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Extractive Industry District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Automobile wrecking or junkyard*.
(2) 
Communications towers and communications equipment buildings*.
(3) 
Construction company*.
(4) 
Heliport*.
(5) 
Public utility facility*.
(6) 
Recycling facility*.
(7) 
Sale of mulch and landscape materials*.
(8) 
Single-family detached dwelling.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Extractive Industry District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Alternative energy system, principal*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Extractive Industry District shall comply with the minimum yard requirements of § 450-321G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Extractive Industry District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Interior service and convenience uses.
(h) 
No-impact home-based business, subject to the provisions of § 450-327C(12).
(i) 
Off-street parking, in accordance with Article VII.
(j) 
Outdoor storage shed.
(k) 
Private greenhouse.
(l) 
Signs, in accordance with Article VI.
(m) 
Temporary retail sales.
(n) 
Warehousing or storage in an accessory structure.
(o) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Extractive Industry District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(acres)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any permitted use
5
500
60
75
3 1/2
50
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-321G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Extractive Industry District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
20
100
200
100
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setbacks. The same requirements as are listed in § 450-319H shall apply.
I. 
Setbacks of industrial uses from residential uses. The same requirements as are listed in § 450-319I shall apply.
J. 
Setbacks of nonresidential buildings from residential uses. The same requirements as are listed in § 450-318J shall apply.
[Amended 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Manufacturing and Industrial District is to provide an area to accommodate manufacturing, industrial and storage uses. Development controls will ensure these uses are located, operated and maintained so as not to adversely affect either adjoining properties or the public health, safety and welfare of present and future Township residents.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Manufacturing and Industrial District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Automobile auctions and storage yards*,**.
(2) 
Automobile repair*,**.
(3) 
Automobile sales*,**.
(4) 
Automobile service station*,**.
(5) 
Collocated antenna.
(6) 
Forestry, including but not limited to timber harvesting*,**.
(7) 
Fuel oil company*,**.
(8) 
Light industrial use*,**.
(9) 
Lumber yard*,**.
(10) 
Office*.
(11) 
Retail greenhouse/nursery*,**.
(12) 
Sale of mulch and landscape materials*,**.
(13) 
Self-storage facility*,**.
(14) 
Small communication facility.
(15) 
Township-owned use, including Township park and fire station.
(16) 
Warehouse*,**.
(17) 
Wholesale*,**.
*
Site Plan review requirements (See § 450-409).
**
See § 450-324 for additional requirements
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Manufacturing and Industrial District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Automobile wrecking/junkyard*.
(2) 
Communications towers and communications equipment buildings*.
(3) 
Heavy industrial use*.
(4) 
Heliport*.
(5) 
Public utility facility*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Manufacturing and Industrial District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Alternative energy system, principal*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Manufacturing and Industrial District shall comply with the minimum yard requirements of § 450-322G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Manufacturing and Industrial District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system, accessory.
(b) 
Bus shelter.
(c) 
Fence and wall.
(d) 
Garage.
(e) 
Geothermal energy system, accessory.
(f) 
Holiday tree sales.
(g) 
Interior service and convenience uses.
(h) 
No-impact home-based business, subject to the provisions of § 450-327C(12).
(i) 
Off-street parking, in accordance with Article VII.
(j) 
Outdoor storage shed.
(k) 
Private greenhouse.
(l) 
Signs, in accordance with Article VI.
(m) 
Temporary retail sales.
(n) 
Warehousing or storage in an accessory structure.
(o) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Manufacturing and Industrial District, except as specifically provided for in this chapter:
Principal Use
Minimum Lot Area*
(acres)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Any Permitted Use
1
150
60
75
3 1/2
50
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-322G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Manufacturing and Industrial District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
30
20
40
30
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setbacks. The same requirements as are listed in § 450-319H shall apply.
I. 
Setbacks of industrial uses from residential uses. The same requirements as are listed in § 450-319I shall apply.
J. 
Setbacks of nonresidential buildings from residential uses. The same requirements as are listed in § 450-318J shall apply.
[Amended 6-14-2021 by Ord. No. 448]
A. 
Purpose. The purpose of the Fuel Storage District is to provide an area to accommodate fuel storage facilities. Special performance standards, attractive landscaping and screening and other development controls will help ensure the safe operation of uses in this district and help ensure compatibility with adjoining land uses.
B. 
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Fuel Storage Industrial District by the Zoning Officer, provided that the use, type, dimensional and all other applicable requirements of this chapter are satisfied:
(1) 
Catering establishment*.
(2) 
Collocated antenna.
(3) 
Construction company*,**.
(4) 
Forestry, including but not limited to, timber harvesting*,**.
(5) 
Fuel oil company*,**.
(6) 
Fuel storage tank farm or fuel products terminal*,**.
(7) 
Light industrial use*,**.
(8) 
Office*.
(9) 
Orchard.
(10) 
Recreation, municipal.
(11) 
Retail greenhouse/nursery*,**.
(12) 
Self-storage facility*,**.
(13) 
Small communication facility.
(14) 
Township-owned use, including Township park fire station.
(15) 
Warehouse*,**.
(16) 
Wholesale*,**.
**
Site Plan review requirements (See § 450-409).
**
See § 450-324 for additional requirements
C. 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Fuel Storage Industrial District by the Board in accordance with the standards contained in § 450-325 of this chapter:
(1) 
Adult business use*.
(2) 
Automobile wrecking or junkyard*.
(3) 
Communications towers and communications equipment buildings*.
(4) 
Heavy industrial use*.
(5) 
Heliport*.
(6) 
Public utility facility*.
(7) 
Prison or penitentiary*.
(8) 
Sale of mulch and landscape materials*.
(9) 
Slaughtering, processing, rendering, and packaging of food products and their by-products*.
(10) 
Treatment center*.
*
See § 450-324 for additional requirements.
D. 
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Fuel Storage Industrial District when authorized by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
(1) 
Alternative energy system, principal*.
*
See § 450-324 for additional requirements.
E. 
Accessory uses.
(1) 
Each accessory use in the Fuel Storage Industrial District shall comply with the minimum yard requirements of § 450-323G, except as specifically provided for in this chapter.
(2) 
Each of the following accessory uses shall be permitted in the Fuel Storage Industrial District only if such use complies with the relevant standards contained in § 450-327 of this chapter:
(a) 
Alternative energy system accessory.
(b) 
Bus shelter.
(c) 
Farm pond.
(d) 
Fence and wall.
(e) 
Garage.
(f) 
Geothermal energy system, accessory.
(g) 
Holiday tree sales.
(h) 
Interior service and convenience uses.
(i) 
No-impact home-based business, subject to the provisions of § 450-327C(12).
(j) 
Off-street parking, in accordance with Article VII.
(k) 
Outdoor storage shed.
(l) 
Private greenhouse.
(m) 
Signs, in accordance with Article VI.
(n) 
Temporary retail sales.
(o) 
Warehousing or storage in an accessory structure.
(p) 
Accessory uses and structures which are clearly customary and incidental to the principal use.
F. 
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the Fuel Storage Industrial District, except as specifically provided for in this chapter.
Principal Use
Minimum Lot Area*
(acres)
Minimum Lot Width**
(feet)
Maximum Land Coverage
(%)
Maximum Building Height
By Buildings
By Total Impervious Cover
(Stories)
(Feet)
(Whichever is Less)
Adult business use or treatment center
2
150
10
15
2 1/2
30
Any permitted use
5
500
60
75
3 1/2
50
*
Per dwelling unit for residential uses.
**
Measured at the Minimum Front Yard listed in § 450-323G for the particular use.
G. 
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Fuel Storage Industrial District, except as specifically provided for in this chapter:
Principal Use
Front Yard*
(feet)
Side Yard
Rear Yard
(feet)
One
(feet)
Both
(feet)
Any permitted use
50
30
60
50
*
The depth at which the minimum lot width shall be measured.
H. 
Off-street parking setbacks. The same requirements as are listed in § 450-319H shall apply.
I. 
Setbacks of industrial uses from residential uses. The same requirements as are listed in § 450-319I shall apply.
J. 
Setbacks of nonresidential buildings from residential uses. The same requirements as are listed in § 450-318J shall apply.
[Amended 10-24-2016 by Ord. No. 424; 1-23-2017 by Ord. No. 425; 6-26-2017 by Ord. No. 428; 7-13-2017 by Ord. No. 429; 8-28-2017 by Ord. No. 431; 6-14-2021 by Ord. No. 448; 7-8-2024 by Ord. No. 462; 6-9-2025 by Ord. No. 469]
A. 
Compliance required. Each of the following principal uses shall also comply with the additional requirements for that use listed in this section. (A site plan may be required per § 450-409).
B. 
Additional requirements.
(1) 
Adult business use.
(a) 
No such use shall be located within 500 feet of the boundary of any residential district or the property boundary line of any existing principally residential use, public or private school, nursery school or day-care center, place of worship, playground or public recreation facility or another adult business use.
(b) 
A thirty-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 450-405I.
(c) 
No adult business use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from outside the establishment or business. This provision shall apply to any display decoration, sign, show window, door or other opening.
(d) 
No adult business use shall be conducted in a manner that violates any of the provisions of this chapter or any other Federal, State, County or Municipal regulation.
(e) 
Precautions shall be made to prohibit minors from entering the premises.
(f) 
No such use shall be combined with the sale of alcoholic or intoxicating beverages.
(g) 
No adult business use may change to another type of adult business use except upon application to and approval by the Board of such change as a Special Exception.
(h) 
If employees or patrons of an adult business use promote, solicit, allow or engages in acts of prostitution on the premises, as charged by the appropriate law enforcement authorities, then the zoning permit shall be suspended. Should said employees or patrons be convicted or plead guilty to said charges of prostitution as described above, then the zoning permit shall be revoked.
(2) 
Adult day care.
(a) 
Shall, at a minimum, comply with the standards and guidelines for adult day care services as provided by the National Adult Day Services Association, a unit of the National Council on Aging, Inc.
(b) 
Shall meet all federal, state and local regulations, including, but not limited to licensing, health, safety and building code requirements.
(c) 
Shall not provide care to individuals with histories of criminal or violent behavior.
(d) 
Shall be located and operated in a manner that reduces or eliminates potential hazards to the persons being cared for at the facility. It shall be the responsibility of the owner to demonstrate, to the satisfaction of the Township, full compliance with this provision.
(e) 
Off-street parking spaces. Parking shall comply with the requirements of Article VII of this chapter.
(f) 
There shall be a one acre minimum lot size.
(g) 
There shall be an adequate drop-off area with a minimum of two spaces and located so that vehicles transporting persons being cared for at the facility shall not back up onto a public street.
(3) 
Agriculture, general.
(a) 
The minimum size of a farm shall be three acres, except that five acres shall be required in the RHA District and 10 acres shall be required wherever the agricultural activity includes animal husbandry.
(b) 
Farm outbuildings for agricultural activities not involving animal husbandry, other than a dwelling, shall not be constructed closer than 75 feet to any exterior property line.
(c) 
When the agricultural activities involve animal husbandry, barns, animal shelters, stables, feed yards, slaughter areas or manure storage areas, such activities shall not be located closer than 500 feet from all exterior property lines and dwellings except the dwelling of the owner or lessee.
(d) 
When the agricultural activities involve animal husbandry, additions to existing barns, animal shelters, stables, feed yards or manure storage areas, such activities shall not be located closer than 150 feet from all exterior property lines.
(e) 
All grazing or pasture areas utilized for this purpose shall be fenced.
(f) 
Crop storage areas shall not occupy any part of the required front, side or rear yards. The applicable outdoor storage control provisions of § 450-509 shall be met.
(g) 
A farm use shall be maintained in a way which does not create a danger to public safety or health. The fact that a farm use creates an annoyance or inconvenience shall not be deemed a danger to public safety or health.
(h) 
Any new or expanded structure or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of: 1) 1,000 feet from any lot line of an existing dwelling and from the boundary of a residential district; 2) 300 feet from any other exterior lot line.
(i) 
The setbacks from property lines in this section shall not apply from dwellings or residential lots owned by: 1) the owner or operator of the livestock use; or 2) affected property owners providing a written notarized letter waiving such setback. A waiver of the setback by the current owner shall be binding upon future owners. The Township may require that such waiver be recorded with the deed.
(j) 
Any agricultural use that exceeds an average of two or more "animal equivalent units" ("AEUs") per acre shall be regulated as an intensive agriculture use. The following minimum contiguous acreage in common ownership shall be required for the following average AEUs per acre:
Acres of Contiguous Land
Maximum Average AEUs per Acre If the Use does not Primarily Involve Swine or Ducks
Less than 10 acres
0.5
10 to 25 acres
2.0
(See intensive agriculture)
Greater than 2.0
Acres of Contiguous Land
Maximum Average AEUs per Acre If the Use Primarily Involves Swine or Ducks
Less than 10 acres
0.5
10 to 25 acres
1.5
More than 25 acres
2.0
(See intensive agriculture)
Greater than 2.0
The term "primarily" shall be based upon the weight of the animals. Therefore, if a lot includes 20,000 pounds of swine and 10,000 pounds of chicken, it shall be considered to primarily involve swine.
(k) 
The following intensive agriculture activities shall be prohibited:
[1] 
The construction or operation of a separate building for the cultivation of mushrooms.
[2] 
The raising of pigs and poultry, if such activity constitutes more than 1/3 of all farm income.
[3] 
The ownership of horses, donkeys, mules, cows, sheep, goats and pigs, if the total number of such animals shall exceed 2 1/2 the number of farm acres.
[4] 
The seasonal display and sale of farm products. See § 450-327C(16), Seasonal roadside produce market.
(4) 
Agriculture, intensive. Intensive agriculture activities include, but are not limited to, mushroom farms, poultry and egg production and dry lot farms, wherein the character of the activity involves a more intense use of land than found in normal farming operation.
(a) 
A minimum lot size of 10 acres is required for intensive agricultural activities; which shall be so located on the lot as to provide front, side and rear yards of 200 feet. The maximum height of buildings used for intensive agricultural use is 35 feet or 2 1/2 stories, excluding appurtenances.
(b) 
A minimum lot size of 25 acres is required for intensive agricultural activities not primarily involving swine or ducks having an average AEU per acre exceeding 5.0.
(c) 
A minimum lot size of 25 acres is required for intensive agricultural activities involving swine or ducks having an average AEU per acre exceeding 2.0.
(d) 
A fence shall be maintained along the property lines. Where Board approval is necessary, the Board may require fencing along streams where necessary to control water pollution and erosion from animals.
(e) 
Commercial composting is prohibited. Any onsite composting shall be limited for use on the premises on which such composting is made and produced.
(f) 
Solid and liquid wastes shall be disposed of daily in a manner to avoid creating insect or rodent problems, or a public nuisance. No emission of noxious, unpleasant gases shall be permitted in such quantities as to be offensive outside the lot lines of the tract occupied by an intensive agricultural user.
(g) 
Dry lot feeding situation shall be permanently paved.
(h) 
The raising of mushrooms shall comply with the PADEP publication entitled "Best Practices for Environmental Protection in the Mushroom Farm Community," (1997) or its successor publication. Such document is hereby incorporated by reference. Any raising of mushrooms shall use bunker composting within a substantially enclosed building using positive aeration or a method that the applicant proves has a similar reduction on odors. Any area used for the storage, loading, processing and/or packaging of septage or spent mushroom compost as part of the raising of mushrooms shall be setback a minimum of: 1) 1,000 feet from any lot line of an existing dwelling and from the boundary of a residential district; 2) 500 feet from any other exterior lot line, unless written permission for a smaller setback is obtained from the adjoining property owner(s).
(i) 
Any new or expanded structure or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of: 1) 1,000 feet from any lot line of an existing dwelling and from the boundary of a residential district; 2) 500 feet from any other exterior lot line, unless written permission for a smaller setback is obtained from the adjoining property owner(s).
(j) 
The setbacks from property lines in this section shall not apply from dwellings or residential lots owned by: 1) the owner or operator of the livestock use; or 2) affected property owners providing a written notarized letter waiving such setback. A waiver of the setback by the current owner shall be binding upon future owners. The Township may require that such waiver be recorded with the deed.
(k) 
For any new or expanded operation regulated under the State Nutrient Management Act, the applicant shall provide evidence to the Township that the Nutrient Management Plan and other requirements of the Act and accompanying regulations are being complied with.
(l) 
New or expanded manure storage facilities or structures or concentrated feeding areas used for the keeping of livestock or poultry shall:
[1] 
Not be located within the Identified Floodplain Area;
[2] 
Not be located within 100 feet of a perennial stream, river, watercourse, spring, lake, pond or reservoir;
[3] 
Comply with all State, County and local requirements, including all PADEP wellhead protection provisions;
[4] 
Not be located within 100 feet of an active public drinking well or an active intake for a public water supply.
(m) 
New or expanded manure storage and composting facilities shall not be located within 200 feet of a property-line. The outer perimeter of the land area onto which waste is applied from a lagoon from a swine farm shall be a minimum of 50 feet from any lot line.
(n) 
The following additional requirements shall apply to an Intensive Agricultural use:
[1] 
A site plan shall be submitted to the Township showing the locations of all features regulated by this chapter. The applicant shall submit the plans to the County Conservation District and the Berks County Cooperative Extension for review. A soil conservation plan shall be submitted to the Conservation District. A stormwater management plan shall be submitted to the Township Engineer, who shall provide a review to the Board and/or Zoning Officer. The applicant shall be responsible to pay for the costs of such reviews;
[2] 
A written plan shall be submitted, and complied with, describing methods that will be used to control odors, insects, rodents, health hazards, surface water pollution and groundwater pollution, including method to avoid and contain accidental spills. Such plan shall be complied with, as a condition of any Township approval. Solid and liquid wastes will be disposed of in a manner that minimizes insect, odor and rodent nuisances. The best available management practices shall be used to minimize odor nuisances, however, an applicant shall not be required to completely eliminate all odors at property lines. Such plan shall describe methods that will be used to properly dispose of dead animals;
[3] 
The applicant shall show compliance with applicable State and Federal environmental regulations;
[4] 
When special exception approval is required, the applicant shall prove to the satisfaction of the Board that:
[a] 
The location of the facility is based upon a consideration of prevailing wind patterns.
[b] 
A 50 feet wide area of substantial new and/or preserved trees and shrubs shall be provided abutting or across a street from any lot line of an existing dwelling. This landscaping shall only be required if all of the following conditions exist: a) the dwelling existed at the time of adoption of this section, b) the dwelling is within 250 feet of the intensive agriculture operations and c) the intensive agriculture buildings are visible from the dwelling. The landscaping plan shall be subject to approval as part of the special exception, and shall be designed to substantially filter views between homes and the agricultural operations. A solid continuous evergreen screen is not required. A mix of species shall be used, and straight rows shall be avoided.
[c] 
The driveway, driveway entrance and adjacent roads will be suitable to accommodate the amounts and sizes of truck traffic that will be generated by the use. The Board may require that the driveway be improved as necessary to control dust. A turnaround and maneuvering space shall be provided so that trucks do not need to back out onto or obstruct a public road.
[d] 
Sufficient water supplies are available to serve the facility so as to not cause insufficient water supplies for existing and prospective on-site water users within the vicinity during dry periods, based upon a study by a professional hydrologist. A test well shall be used, and permission shall be sought to examine the impact upon neighboring wells.
[e] 
The Board shall have the authority to establish a maximum average level of Animal Equivalent Units per acre, as the Board deems necessary to protect public health and safety, protect water quality and moderate nuisances upon the community.
[5] 
The applicant shall provide a written comparison of the proposed methods of controlling nuisances and avoiding pollution to standard guidelines on such matters published by the State Department of Agriculture, PADEP, Pennsylvania State University and industry associations, including Penn State University's Manure Management Manual and "Environmental Standards for Production for Large Pork Producers."
(5) 
Alternative energy system, principal.
(a) 
General Requirements for all principal alternative energy systems (Solar and Wind).
[1] 
Minimum lot area. Shall be located on a lot at least two acres in area.
[2] 
Setback. Any structure associated with a principal alternative energy system:
[a] 
Shall comply with the setback and yard requirements for principal structures for the zoning district within which it is located, and
[b] 
Shall be set back a minimum of 120 feet from the lot line of an existing principally residential use and the boundary of an RS, LDS, MDS, SS or U District.
[3] 
Two principal uses. Within the Planned Industry/Business District (PIB), Extractive Industry District (E) and Fuel Storage District (FS) a principal alternative energy system shall be permitted on the same lot as a nonresidential use. Each use must comply with the specific provisions listed for that use in this chapter.
[4] 
Fence. The site of the principal alternative energy system shall be secured by a locked chain-link fence and gate with a minimum height of eight feet to limit accessibility by the general public. The gate shall provide automatic access to emergency personnel.
[5] 
Noise. Principal alternative energy systems shall comply with the noise control requirements of § 450-511.
[6] 
Uniform Construction Code. To the extent applicable, the principal alternative energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.
[7] 
Design safety certification. The design of the principal alternative energy system shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, or other similar certifying organization.
[8] 
Electrical components. All electrical components of the principal alternative energy system shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
[9] 
Power lines. On-site transmission and power lines for principal alternative energy systems shall, to the maximum extent practicable, be placed underground.
[10] 
Signage. Signage on principal alternative energy systems (other than warning signs) shall be limited to a single sign located at the main entrance to the facility. Such sign shall have a total area of no greater than 12 square feet and shall display only the name of the facility and the contact phone number. No advertising signs shall be permitted. All signage shall comply with the provisions of Article VI of this chapter.
[11] 
Warnings. A clearly visible warning sign concerning voltage must be placed on the protective fence and/or at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires located outside of the fenced area and along the guy wires up to a height of 10 feet from the ground.
[12] 
Climb prevention/locks. Towers within a principal alternative energy system shall not be climbable up to 15 feet above ground surface. All access doors to buildings and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
[13] 
Signal interference. The principal alternative energy system shall not cause any disruption or loss of radio, telephone, television or similar signals.
[14] 
Access. Access drives and driveways shall be designed in accordance with the requirements of § 450-704.
[15] 
Lighting. Light and glare which is perceptible beyond the property line shall be minimized in accordance with § 450-513 of this chapter.
[16] 
Easements. No alternative energy system shall be constructed, erected, relocated to or placed within an existing easement or right-of-way without the written permission of the person, party or entity to which the easement or right-of-way benefits.
[17] 
Drainage. No alternative energy system shall alter, divert or obstruct the flow of stormwater runoff without the applicant first obtaining the specific approval for such alterations from the Township.
[18] 
Parking. A minimum of one off-street parking space shall be provided within the fenced area.
[19] 
Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates shall be made available to the Township upon request.
[20] 
Abandonment and removal. If a principal alternative energy system remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the principal alternative energy system within six months of the expiration of the twelve-month period. A notation describing this requirement shall appear on the land development plans for the facility.
[21] 
Utility company notification. No principal solar energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
[22] 
Land development requirements. Recording of a land development plan shall be required for any principal alternative energy system. Such plans shall be in accordance with the provisions of Chapter 400, Subdivision and Land Development, of the Code of the Township of Spring, and shall comply with the following additional provisions:
[a] 
A narrative describing the proposed principal alternative energy system, including an overview of the project; the project location; the approximate generating capacity of the alternative energy system; the approximate number, representative types and height or range of heights of facilities to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
[b] 
A site plan showing the planned location of each facility, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the principal alternative energy system to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
[c] 
Documents related to abandonment and removal, including a schedule.
[d] 
Other relevant studies, reports, certifications and approvals as may be reasonably requested by the Township to ensure compliance with this chapter.
[23] 
Building permit applications. Building permit applications for principal alternative energy systems shall be accompanied by line drawings of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
[24] 
Maintenance. The principal alternative energy system must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.
[25] 
Contact information. The owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township. The owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.
(b) 
Additional requirements for principal solar energy systems.
[1] 
Glare. All principal solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby properties, structures or roadways. The applicant has the burden of proving that any glare produced does not have adverse impact on neighboring or adjacent uses either through siting or mitigation.
[2] 
Development on adjoining properties. The application for any permit for an principal solar energy system shall include an acknowledgement that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or b) the right to prohibit the development on or growth of any trees or vegetation on such property. Such application shall be signed by the property owner.
[3] 
Height. All principal solar energy systems shall comply with the building height restrictions for principal structures of the underlying zoning district.
[4] 
Impervious coverage. The surface area of the arrays of a ground mounted principal solar energy system, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located.
[5] 
Screening. Any ground mounted principal solar energy system located on a property which directly abuts any existing residential use shall provide buffer yards and planting screens in accordance with the provisions of § 450-405I. Such planting screen shall comply with the requirements for a screen of high intensity.
[6] 
Access corridors. Access corridors between solar arrays shall be sufficiently wide and of adequate construction to allow access for emergency management vehicles.
[7] 
Roof mounted systems. For roof mounted systems, the applicant shall provide evidence in the form of plans certified by a licensed professional engineer registered by the Commonwealth of Pennsylvania that the roof is capable of holding the load imposed on the structure.
(c) 
Additional requirements for principal wind energy systems.
[1] 
Setback. In addition to complying with the setback requirements under § 450-324B(5)(a)[2], the foundation and base of any wind energy tower shall be set back from a property line or right-of-way line a distance equal to not less than 1.25 times the wind energy system height.
[2] 
Visual appearance. Wind turbines shall be a non-obtrusive color such as white, off-white or gray. Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
[3] 
Shadow flicker. The owner shall make reasonable efforts to minimize shadow flicker to any occupied building on an adjoining property.
[4] 
Building permit applications. Building permit applications for principal wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings and/or foundation as provided by the manufacturer.
[5] 
Height. Principal wind energy towers shall comply with all Federal Aviation Administration, Commonwealth of Pennsylvania Bureau of Aviation and applicable airport zoning regulations, including those pertaining to height.
(6) 
Ambulatory surgical center.
(a) 
An ambulatory surgical center shall be located on a lot abutting and having direct vehicular access onto an arterial or collector street as defined in this chapter.
(b) 
Sewer and water. All buildings within an ambulatory surgical center shall be provided with centralized sewer and water services.
(c) 
An ambulatory surgical center may include various accessory uses that are customarily incidental to and in direct support of the primary health care mission of the ambulatory surgical center. Such accessory uses shall be located within the same building as the ambulatory surgical center and could include the following facilities, which shall be integrated with the hospital facilities:
[1] 
Medical and administrative offices.
[2] 
Medical laboratory.
[3] 
Interior service and convenience uses.
(d) 
Services provided shall be those that do not require overnight stay; however, overnight accommodations may be provided for patients when unanticipated medical circumstances would require that the patient remain overnight.
(e) 
Only the accessory uses listed above or those associated with a commercial district shall be permitted.
(f) 
Parking. Where an ambulatory surgical center contains any of the accessory uses listed above (regardless of whether each use is listed in Table 7.1 or is an unlisted use), the number of parking spaces required shall be the sum of the parking requirements for each separate principal and accessory use.
(g) 
The facility shall comply with all applicable Federal, State, County and local regulations and shall be licensed as required by the State.
(h) 
Lighting for buildings, accessways and parking areas shall comply with the requirements of §§ 450-513 and 450-703F.
(7) 
Amusement establishments.
(a) 
All activities shall take place within a wholly-enclosed building.
(b) 
The applicant shall furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside the establishment.
(c) 
Buildings shall be located a minimum of 50 feet from any exterior lot line bordering an existing nonresidential use and 100 feet from any exterior lot line bordering an existing residential use.
(d) 
Unless located within the Penn Avenue Commercial (PAC) District, the lot or property line of any such establishment shall be no closer than 300 feet to the lot or property line of any place of worship, school, playground or other recreation area, nursery school or day-care center, nursery or public library. Within the Penn Avenue Commercial (PAC) District such minimum setback shall be reduced 100 feet.
(e) 
Amusement machines shall not be operated or played between 10:00 p.m. and 7:00 a.m.
(f) 
The use shall comply with the requirements for Recreation, Non-municipal Indoor listed in this section.
(g) 
All buildings shall be adequately sound proofed so that sounds generated with the buildings cannot be perceived at the lot lines.
(8) 
Animal hospital.
(a) 
A minimum lot size of at least one acre shall be required for those animal hospitals treating small animals (e.g., dogs, cats, birds, exotic animals). A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals (e.g., cattle, horses, etc.).
(b) 
All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds outside the building will be minimized and not result in a nuisance.
(c) 
Except when located within the PMU District, outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal runs shall be permitted within the PMU District. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(d) 
An animal hospital shall not include animal shelters or kennels.
(e) 
Animals may be kept overnight on a limited basis, usually for a single night as a follow-up to specific treatment that requires such a stay. Animals that are kept overnight must remain inside the building and may be taken outside for a limited time only by office staff.
(9) 
Apartments, garden. See "Garden Apartments" and "Single-Family Attached Dwellings" in this section.
(10) 
Apartments on the upper levels of buildings.
(a) 
Apartments on the upper level of a building which contains a nonresidential use shall be permitted only within the Penn Avenue Mixed Use (PMU) District, the Penn Avenue Commercial (PAC) District or the Planned Office/Business (POB) District.
(b) 
Such apartment shall be permitted only where the ground or first floor is used solely for a permitted nonresidential use.
(c) 
The total floor area utilized for apartments shall not exceed 50% of the total floor area of the building.
(11) 
Auditorium.
(a) 
A twenty-foot buffer yard shall separate an off-street parking area from an adjoining lot line.
(b) 
Lighting which is perceptible beyond the property line shall be minimized in accordance with § 450-513 of this chapter.
(c) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(d) 
Buildings shall be located a minimum of 100 feet from any exterior lot line bordering an existing nonresidential use or from any existing street right-of-way.
(e) 
Buildings shall be located a minimum of 150 feet from any exterior lot line bordering an existing residential use.
(12) 
Automobile auctions and storage yards. Shall comply with the standards for automobile, motorcycle, boat, recreational vehicle, trailer or farm equipment sales in this section.
(13) 
Automobile, motorcycle, boat, recreational vehicle, trailer or farm equipment sales.
(a) 
New or used automobile, motorcycle, boat, recreational vehicle, trailer sales, farm equipment and other similar activities are subject to the following conditions:
[1] 
Such uses shall meet all of the minimum lot size, yards and building coverage and height requirements of the district.
[2] 
Adequate off-street parking shall be provided on the same lot as the building or activity served. All parking areas shall be designed in accordance with the requirements of § 450-703.
[3] 
Access drives and driveways shall be designed in accordance with the requirements of § 450-704.
[4] 
Means of ingress and egress to any public street, other than a property access street, shall not be located closer than 50 feet from an intersecting street.
[5] 
No vehicles or items for sale, rent or display shall be placed within the existing road right-of-way or the improvement setback required by this chapter.
[6] 
Any repair facilities associated with automobile, motorcycle, boat, recreational vehicle, trailer or farm equipment sales shall comply with the provisions for automobile repair station in this section.
(14) 
Automobile repair station.
(a) 
All repair and paint work shall be performed within an enclosed building.
(b) 
All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(c) 
Outdoor storage of automobiles and other vehicles shall not exceed three times the indoor repair area, shall only be back of the front building setback line and shall be no closer than 20 feet from side and rear lot lines.
(d) 
Outdoor storage of automobile parts and junk shall be prohibited.
(e) 
Yard areas adjacent to any residential lot shall be suitable screened.
(f) 
Except when located within the Penn Avenue Commercial (PAC) District, main or accessory buildings shall not be located closer than 50 feet to any residential district or the lot line of any existing principally residential use.
(g) 
No more than five vehicles in nondriveable condition shall be stored within view of a public street or adjacent lot.
(h) 
Any vehicle on the premises longer than seven days shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.
(i) 
No recreational vehicle that is under repair at a repair station shall be utilized for temporary dwelling purposes during the time that it is stored at the repair station.
(15) 
Automobile service station.
(a) 
All activities except those to be performed at the fuel pumps shall be performed within a building.
(b) 
Fuel pumps shall be at least 25 feet from the existing and any required future street right-of-way or 50 feet from the street center line, whichever is greater.
(c) 
All automobile parts and dismantled vehicles are to be located within an enclosed building.
(d) 
Full body paint spraying or body and fender work shall not be permitted.
(e) 
Automobile service stations may also include the sale of a limited selection of food and common household items as a clearly accessory use, provided that the total parking requirements of Article VII are complied with.
(f) 
Outside storage of inoperable or unlicensed vehicles at service stations is limited to a maximum seven-day period of time for each such vehicle.
(g) 
Any drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(16) 
Automobile wrecking or junkyard.
(a) 
All automobile wrecking establishments or junkyards shall be enclosed with a fence a minimum of six feet in height with gates. Gates shall be securely locked except during business hours when an adult attendant is on the premises. This required fence shall be nonopaque.
(b) 
No materials shall be piled higher than the height of the surrounding fence nor closer than 10 feet to said fence.
(c) 
No area used for the storage of junk, automobiles or automobile parts shall be located within the required front, side or rear yard.
(d) 
A twenty-five-foot buffer yard as described in § 450-405I shall completely surround all areas used for the storage of junk automobiles or automobile parts. No junk, automobiles or automobile parts shall be stored within this buffer yard.
(e) 
Burning or melting of any junk, rubbish or refuse is prohibited.
(f) 
All junk, automobiles or automobile parts shall be stored and arranged so as to permit access by firefighting equipment and to prevent accumulation of stagnant water. Junk or scrapped automobiles shall not be piled to a height of more than six feet from the ground.
(g) 
All gasoline, oil and other fluids shall be drained from any junked items or scrapped automobiles. Gasoline in an amount not exceeding 10 gallons may be stored above ground in approved containers. All other gasoline which is kept on the premises shall be stored underground and shall be approved by the Township Department of Public Safety.
(h) 
No garbage or organic or biodegradable waste shall be permitted to be stored on any automobile wrecking establishment or junkyard.
(17) 
Bed-and-breakfast.
(a) 
The owner of a bed-and-breakfast establishment shall be the primary occupant of the establishment.
(b) 
The operator of a bed-and-breakfast establishment may be a family member who is not the owner.
(c) 
No more than five bed-and-breakfast units shall be permitted in any bed-and-breakfast establishment.
(d) 
In no case shall meals be served to persons not staying in a bed-and-breakfast unit.
(e) 
Bed-and-breakfast units shall be located within the principal building of the bed-and-breakfast establishment.
(f) 
All area and bulk regulations of the prevailing zoning district for single-family dwellings shall apply.
(18) 
Beverage distributor.
(a) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(b) 
No outdoor storage shall be permitted.
(c) 
Buildings shall be located a minimum of 50 feet from any exterior lot line bordering an existing nonresidential use or from any existing street right-of-way.
(d) 
Buildings shall be located a minimum of 100 feet from any exterior lot line bordering an existing residential use.
(e) 
Any drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(f) 
Any sale of alcoholic beverages shall comply with all applicable State and local regulations and shall be licensed as required by the State.
(19) 
Boarding house.
(a) 
Shall have a maximum of five rental units.
(b) 
Shall house a maximum of 10 persons.
(c) 
Shall have a minimum lot size of 20,000 square feet.
(d) 
At least one water closet, lavatory basin and bath tub or shower properly connected to an approved water and sewer system in good working condition shall be supplied for each four boarders wherever such facilities are shared. All such facilities shall be located no more than one story removed from any of the persons sharing such facilities. Such facilities shall be separate and in addition to facilities used by a resident operator.
(e) 
The following minimum areas shall be provided for rooms used for sleeping accommodation:
Persons per Room
Square Feet
1
90
2
140
3
190
4
240
(f) 
Every boarding unit shall have safe, unobstructed means of egress leading to safe and open space at ground level. This shall include at least one window, which is able to be opened and of sufficient dimensions to allow its use as a means of egress in each boarding unit.
(g) 
No sign advertising the availability of a room shall be displayed so as to be visible from outside the dwelling.
(h) 
No cooking equipment shall be used in a room that is used for sleeping accommodation.
(20) 
Body art establishment.
(a) 
The use shall not occupy one side of a semidetached structure where the other side contains a residential use.
(b) 
When located within the PMU District, shall not operate earlier than 7:00 a.m., prevailing time, nor later than 10:00 p.m., prevailing time.
(21) 
Brewery, distillery or winery.
(a) 
Centralized sewage disposal facilities and centralized water supply facilities shall be required.
(b) 
The use shall comply with any applicable County, State and Federal licensing and operational requirements.
(c) 
The use shall comply with the requirements for Light Industrial Use listed in this section.
(d) 
The use may include a tasting room where guests/customers may sample and purchase the product manufactured on-site.
(e) 
A winery may include the growing and harvesting of grapes or other crops suitable for wine processing.
(22) 
Camp or campground.
(a) 
The use shall comply with the requirements for Recreation, Nonpublic Outdoor listed in this section.
(b) 
A maximum of one permanent dwelling shall occupy the lot on a year-round basis. No other structure shall be occupied on the lot for more than six months in any calendar year.
(c) 
The only commercial uses within a campground shall be a store for sales of routine items to campers, recreational facilities for campers, maintenance or storage buildings, and other uses that meet the requirements of the applicable zoning district.
(d) 
A maximum average of 10 recreational vehicle sites or 15 tent camping sites shall be allowed per acre.
(e) 
A buffer yard which complies with the standards of § 450-405I shall be provided around the entire lot. As an alternative, an applicant may demonstrate that an area having a width of 50 feet and consisting of natural vegetation shall be maintained so that a complete year-round visual screen shall be provided around the entire lot.
(f) 
Any structure, outdoor activity area, recreational vehicle site or tent camping site shall be located a minimum of 100 feet from any exterior property line or street right-of-way line.
(g) 
All facilities shall be provided with centralized sewer and water services or shall be provided with on-lot services which have adequate capacity to serve the facilities and shall be designed and constructed in accordance with all applicable state and local regulations.
(h) 
Recreational vehicles shall not be stored on the property for a period exceeding 180 days within a calendar year.
(23) 
Carwash.
(a) 
Automatic, semi-automatic, and self-service carwashes are limited to the services of cleaning and waxing vehicles. Such activities shall be performed only within enclosed buildings, with the exception of hand drying and finishing operations.
(b) 
The lot shall be graded such that process water shall not run off across the lot, onto any adjacent lot, or onto a public street.
(c) 
A grease trap shall be provided within the sewer hook-up designed in accordance with the requirements of the Plumbing Inspector.
(d) 
Automobile storage and waiting spaces shall be provided at the rate of not less than five spaces for each bay in a self-service carwash and not less than 10 spaces for each vehicle which can be accommodated within an automatic or semi-automatic carwash. All vehicle storage and waiting areas shall be designed and located so as not to intrude into any required yard area. Buildings shall not be located closer than 50 feet to any residential district or any existing residential use.
(e) 
Where a carwash adjoins a residential property or a residential district, the hours of operation shall not be earlier than 7:00 a.m., prevailing time, nor later than 10:00 p.m., prevailing time.
(f) 
Any drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(24) 
Casino or gaming establishment.
(a) 
The site proposed for a casino or gaming establishment shall be under single ownership or unified management control.
(b) 
The site proposed for a casino or gaming establishment shall be a minimum of 10 acres in area.
(c) 
A casino or gaming establishment shall be permitted only within the Planned Highway Interchange District when the Board of Supervisors has granted conditional use approval.
(d) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(e) 
May contain restaurants, lodging facilities, recreation facilities, gift shops, personal service facilities and similar type uses, exclusively for the guests. These uses may be located within separate buildings or combinations of these uses could be located within a single building. When located within separate buildings, these uses are exempt from the requirements of § 450-402B regarding two or more principal buildings on a lot.
(f) 
A buffer yard complying with the standards of § 450-405I shall be provided wherever the lot directly abuts any existing residential use.
(g) 
Lighting which is perceptible beyond the property line shall be minimized in accordance with § 450-513 of this chapter.
(h) 
A casino or gaming establishment shall include a standard restaurant, which shall comply with the regulations for such restaurants within this section. A casino or gaming establishment shall not contain a fast food restaurant or drive-through service.
(i) 
Any lodging facilities, hotel or motel shall comply with the specific provisions for that use listed in this chapter.
(j) 
Off-street parking facilities shall be provided in accordance with Article VII of this chapter for each component activity area of the establishment (i.e., gaming area, hotel or motel, restaurant, banquet, nightclub, retail, etc.).
(k) 
A traffic impact study in accordance with the provisions of § 450-409 shall be submitted.
(25) 
Cemetery.
(a) 
Shall be on a lot at least two acres in area.
(b) 
May include mausoleums, chapels, and storage facilities for maintenance and related equipment.
(c) 
A buffer yard and planting screen in accordance with the requirements of § 450-405I shall be provided when a cemetery abuts an existing residential use or a residential district.
(26) 
Civic or social, association.
(a) 
Such indoor uses or activities shall comply with the requirements for Recreation, Non-Municipal Indoor listed in this section.
(b) 
Such outdoor uses or activities shall comply with the requirements for Recreation, Non-Municipal Outdoor listed in this section.
(27) 
College or university.
(a) 
Any dormitory shall be located a minimum of 150 feet from any lot line of an existing dwelling or boundary of a residential district.
(b) 
Any dormitory shall have a maximum capacity of one student per 500 square feet of lot area and shall be restricted to full-time students of the college or university and any faculty advisors.
(c) 
Only a college or university recognized as such by the Pennsylvania Department of Education and which has received any required license or registration applicable to such college or university from such department shall be permitted hereunder.
(d) 
The use shall be permitted within the PMU and PAC Districts only when it does not include any dormitories or on-site living facilities.
(28) 
Combination of permitted uses.
(a) 
The uses permitted under this category shall not include a residential use.
(b) 
Within the PMU and PAC Districts, permitted nonresidential uses may occupy one or both sides of a semidetached structure. (See "semidetached commercial building").
(c) 
If any of the proposed uses are permitted by either special exception or condition, approval of the combined uses must follow the same approval procedures required for the specific use.
(d) 
Unless a multiple-use building is permitted within the Zoning District, each principal use shall be located within a separate building complying with all provisions of this chapter, including the provisions of § 450-402B regarding two or more principal buildings on a lot.
(e) 
Each use must comply with the specific provisions listed for that use in this chapter.
(f) 
Off-street parking requirements of Article VII shall be met; including the requirement that the number of off-street parking spaces provided shall be the sum of the parking requirements for each separate use, except where the Township has approved a parking reduction or lower number of parking spaces in a shared parking facility.
(29) 
Collocated antennas.
(a) 
Purposes.
[1] 
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of communications facilities in the Township. While the Township recognizes the importance of communications facilities in providing high quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to promote public safety and to minimize the adverse visual effects of such facilities, especially in historic areas, through the standards set forth in the following provisions.
[2] 
By enacting these provisions, the Township intends to:
[a] 
Accommodate the need for communications facilities while regulating their design, location, and number so as to ensure the provision of necessary services;
[b] 
Provide for the managed development of communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;
[c] 
Establish procedures for the design, siting, construction, installation, maintenance and removal of collocated antennas, communications towers, and small communications facilities in the Township, including facilities both inside and outside the public rights-of-way;
[d] 
Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, small cells, and other communications facilities;
[e] 
Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that wireless carriers collocate their antennas and related equipment on existing towers or infrastructure;
[f] 
Protect and preserve historically significant structures and properties located in the Township; and
[g] 
Promote the health, safety and welfare of the Township's residents.
(b) 
Definitions. The following terms are defined for purposes of this section alone. All other defined terms, which may also be applicable to this section, are contained within § 450-202.
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.
APPLICANT
Any entity or person that applies for a building permit, for zoning approval and/or for permission to use the Public Street ROW for a Communications Facility, within the Township.
COLLOCATED ANTENNA
A Communications Facility (as defined herein below) collocated on an existing structure, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower or pole. This term includes the replacement of an existing structure with a structure of the same or lesser height, that is required to support the increased weight resulting from the addition of the proposed Communications Facility. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.
COLLOCATION
The mounting of one or more Communications Facilities (as defined herein below), including Antenna, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a Communications Facility on that structure.
COMMUNICATIONS FACILITY
The Antennas, nodes, control boxes, Communications Towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
COMMUNICATIONS TOWER
Any structure that is used for the primary purpose of supporting one or more Antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying Antenna and related equipment.
CONTEXT SENSITIVE
A design concept applicable to Communication Facilities, in which the design of the facilities is complementary to and integrated with the aesthetics of its adjacent environs, which may range in scope, at the discretion of the Township, from the immediate area surrounding the item in question to the Township as a whole. Also may be referred to as "Context Sensitivity." An example of a Communication Facility that does not exhibit Context Sensitivity would be the use of a silo for stealth purposes within an urbanized or commercial area.
EMERGENCY
A condition, as determined by the Township or its designee, that:
[1] 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public, or
[2] 
Has caused or is likely to cause facilities in the Public Street ROW to be unusable and result in loss of the services provided.
FCC
Federal Communications Commission.
HEIGHT OF COMMUNICATIONS TOWER
The vertical distance measured from the ground level, including any base pad, to the highest point on a Communications Tower, including any Antennas mounted on the tower and any other appurtenances, such as lightning rods, lighting equipment, etc.
PUBLIC STREET RIGHT-OF-WAY or PUBLIC STREET ROW
Land reserved for the public for use as a public thoroughfare, excluding alleys and private thoroughfares.
RELATED EQUIPMENT
Any equipment serving or being used in conjunction with a Communications Facility or Wireless Support Structure, including but not limited to, transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
SMALL COMMUNICATIONS FACILITY
A Communications Facility that meets the following criteria:
[1] 
The structure on which a Communications Facility is mounted —
[a] 
Is 50 feet or less in height, or
[b] 
Is no more than 10% taller than other adjacent structures, or
[c] 
Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of the Communications Facility; and
[2] 
Each Antenna associated with the deployment (excluding Related Equipment) is no more than three cubic feet in volume; and
[3] 
All Related Equipment associated with the facility (excluding Antennas) are cumulatively no more than 28 cubic feet in volume.
[4] 
The Communications Facility does not require Antenna structure registration under 47 CFR Part 17;
[5] 
The Communications Facility is not located on Tribal lands, as defined under 36 CFR 800.16(x); and
[6] 
The Communications Facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
STEALTH TECHNOLOGY
Camouflaging methods applied to Communications Facilities and Related Equipment which render them more visually appealing or blend the proposed Communications Facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles, windmills, silos and light poles. Use of stealth technology shall be Context Sensitive.
SUBSTANTIALLY CHANGE OR SUBSTANTIAL CHANGE
A modification to an existing Communications Facility substantially changes the physical dimensions of a Wireless Support Structure (defined below) if it meets any of the criteria set forth in 47 CFR § 1.6100, as amended.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et. seq.)
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a Communications Tower or any other support structure that is capable of supporting the placement or installation of a Communications Facility.
(c) 
General and specific requirements for collocated antennas.
[1] 
The following regulations shall apply to all Collocated Antennas that do not meet the definition of a Small Communications Facility:
[a] 
Permit required. The installation, construction and operation of a Collocated Antenna shall require a building permit from the Township.
[b] 
Standard of care. All Collocated Antennas shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the Pennsylvania Uniform Commercial Code, American National Standards Institute (ANSI) Code, and National Electrical Code. At all times, Collocated Antennas shall be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
[c] 
Permitted by right in certain zoning districts pursuant to regulations. Collocated Antennas are permitted by right outside the Public Street ROW pursuant to this Chapter 450, Zoning, within the following districts, so long as they comply with all of the terms and conditions of this chapter:
[i] 
Rural Holding Area (RHA) District.
[ii] 
Rural Conservation (RC) District.
[iii] 
Rural/Suburban (RS) District.
[iv] 
Planned Highway Interchange (PHI) District.
[v] 
Planned Highway Transitional (PHT) District.
[vi] 
Planned Office/Business (POB) District.
[vii] 
Planned Business and Residential (PBR) District.
[viii] 
Planned Industry/Business (PIB) District.
[ix] 
Extractive Industry (EI) District.
[x] 
Manufacturing and Industrial (MI) District.
[xi] 
Fuel Storage (FS) District.
[d] 
Permitted by special exception in certain zoning districts pursuant to regulations. Collocated Antennas are permitted by special exception outside the Public Street ROW pursuant to this Chapter 450, Zoning, within the following districts, so long as they comply with all of the terms and conditions of this chapter:
[i] 
Low Density Suburban (LDS) District.
[ii] 
Moderate Density Suburban (MDS) District.
[iii] 
Suburban/Semi-urban (SS) District.
[iv] 
Urban (U) District.
[v] 
Penn Avenue Mixed Use (PMU) District.
[vi] 
Penn Avenue Commercial (PAC) District.
[vii] 
Neighborhood Convenience (NC) District.
[e] 
Historic areas. No Collocated Antenna may be located upon any property, building, or structure, or within 100 feet of such property, building or structure, that is listed on the National or Pennsylvania Registers of Historic Places, identified by the Berks Nature, or its successor or assign, included in the list of historic buildings in the Township's Comprehensive Plan, or that is deemed by the Township to be of specific historical significance.
[f] 
Wind. All Collocated Antennas, Wireless Support Structures, or other facilities regulated by this section, shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).
[g] 
Aviation safety. Collocated Antennas shall comply with all federal and state laws and regulations concerning aviation safety.
[h] 
Public safety communications and other communications services. Collocated Antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[i] 
Radio frequency emissions. A Collocated Antennas shall not, by itself or in conjunction with other Collocated Antennas and/or Communications Towers, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The Applicant shall provide certification of the Collocated Antennas compliance with the RF emissions standards and regulations of the FCC to the Code Enforcement Officer as part of a complete application.
[j] 
Interference. Collocated Antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties in violation of federal rules.
[k] 
Removal.
[i] 
Prior to the issuance of a building permit for a Collocated Antenna the owner or operator shall post financial security in a form acceptable to the Township in a sufficient amount to cover the facility removal and site cleanup. Exemption: a commercial communications tower or antenna necessary for and clearly used for emergency communications by a police department, fire company, emergency medical service and other similar public safety organizations is exempt from the requirements of this section.
[ii] 
In the event that use of a Collocated Antennas is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned Collocated Antennas, or portions of Collocated Antennas, shall be removed as follows:
[A] 
All abandoned or unused Collocated Antennas and Related Equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.
[B] 
If the Collocated Antenna or Related Equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the financial security may be utilized by the Township to remove the Collocated Antenna and/or Related Equipment. In this event, the Township shall provide written notice of such intended action to the Applicant and, after the expiration of 30 days, the Collocated Antenna or Related Equipment may be removed by the Township. Furthermore, the Township reserves the right to the salvage value of any removed Collocated Antenna and/or Related Equipment, if such Collocated Antenna and/or Related Equipment are not removed by the owner within the specific time frame enumerated in this chapter.
[l] 
Insurance. Each person that owns or operates a co-located antenna shall provide the Township with a certificate of insurance, naming the Township as an additional insured, and evidencing general liability coverage in the minimum amount of $3,000,000 per occurrence and property damage coverage in the minimum amount of $3,000,000 per occurrence covering the co-located antenna.
[m] 
Indemnification. Each person that owns or operates a Collocated Antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, officer, employees, agents, attorneys and engineers (individually and/or collectively the "Indemnities"), at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, public official, officers, agents, employees, attorneys, engineers or contractors arising out of, but not limited to, the review, approval, permitting, construction, installation, operation, maintenance or removal of the Collocated Antenna. Each person that owns or operates a Collocated Antenna shall defend any actions or proceedings against the Indemnities in which it is claimed that personal injury, including death, or property damage was caused by the review, approval, permitting, construction, installation, operation, maintenance or removal of a Collocated Antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay any and all costs, expenses for judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs and expenses of indemnification. Prior to the issuance of a building permit for such facilities the applicant shall be required to execute an indemnification agreement with the Township.
[n] 
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[i] 
The Collocated Antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[ii] 
Maintenance shall be performed to ensure the upkeep of the Collocated Antenna, Communications Facility and Related Equipment in order to promote the safety and security of the Township's residents. At a minimum such maintenance shall be performed at such frequencies and in accordance with the recommendations of the manufacturer(s) of the Collocated Antenna, Communications Facilities and Related Equipment.
[iii] 
All maintenance activities shall utilize nothing less than the best, generally accepted available industry technology for preventing failures and accidents.
[o] 
Removal and replacement, or modification.
[i] 
To the extent permitted by law, the removal and replacement of Collocated Antennas, Communications Facilities and/or Related Equipment for the purpose of upgrading or repairing the Collocated Antenna, Communications Facilities and/or Related Equipment is permitted, so long as such repair or upgrade does not Substantially Change the overall size of the Wireless Support Structure or the numbers of Collocated Antennas.
[ii] 
Any modification to a Collocated Antenna, Communications Facilities and/or Related Equipment shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization.
(d) 
Collocated antennas falling under the wireless broadband collocation act. In addition to the regulations enumerated in § 450-324B(29)(c)[1], the following regulations shall apply to Collocated Antennas that fall under the Pennsylvania Wireless Broadband Collocation Act:
[1] 
Permit required. Applicants proposing changes to an existing Communications Tower, which do not Substantially Change the dimensions of the existing, permitted Wireless Support Structure or otherwise fall under the WBCA, shall obtain a building permit from the Township. In order to be considered for such a permit, the Applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.
[2] 
Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a Collocated Antenna that falls under the WBCA is filed with the Township, the Township shall notify the Applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the Applicant in writing of such decision.
[3] 
Related equipment. New ground-mounted Related Equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or a residential zoning district.
[4] 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a co-located antenna or $1,000, whichever is less. Such permit fees may be amended by resolution from time to time.
(e) 
Collocated antennas that do not fall under the wireless broadband collocation act. In addition to the regulations enumerated in § 450-324B(29)(c)[1], the following regulations shall apply to Collocated Antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act and do not meet the definition of a Small Communications Facility:
[1] 
Prohibited on certain structures. No Collocated Antenna shall be located on Single-Family Detached Dwellings, Two-Family Semidetached Dwellings, Two-Family Detached Dwellings, Single-Family Attached Dwellings, Garden Apartments or other residential structures.
[2] 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the Collocated Antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these Collocated Antenna provisions. The Applicant and/or owner of the Collocated Antenna shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[3] 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a Collocated Antenna, as well as related inspection, monitoring and all other related costs. Such permit fees may be amended by resolution from time to time.
[4] 
Requirement to collocate. All Antennas shall be collocated on existing Wireless Support Structures that have been previously approved by the Township to support one or more Collocated Antennas subject to the following conditions:
[a] 
The total height of any Wireless Support Structure and mounted Collocated Antenna shall not exceed 20 feet above the maximum height of the existing structure.
[b] 
In accordance with industry standards, all Collocated Antenna Applicants must submit documentation to the Township justifying the total height of the Collocated Antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
[c] 
If the Applicant proposes to locate the Related Equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. A planting screen of high intensity in accordance with the provisions of § 450-405I shall surround the site.
[5] 
Security fence. A security fence with a minimum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building, or any structure housing Related Equipment, shall not interfere with the parking or vehicular circulations on the site for the principal use.
[6] 
Non-commercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance. Amateur radio operators are exempt from the regulations enumerated in this section of the ordinance.
[7] 
Design regulations. Collocated Antennas shall employ Stealth Technology and be treated to match the Wireless Support Structure in order to minimize aesthetic impact. The application of the Stealth Technology chosen by the Applicant shall be Context Sensitive and shall be subject to the approval of the Township.
[8] 
Inspection. The Township reserves the right to inspect any Collocated Antenna to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a Collocated Antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(30) 
Communications towers.
(a) 
Purposes and findings of fact. See § 450-324B(29)(a), above.
(b) 
Definitions. See § 450-324B(29)(b), above.
(c) 
General and specific requirements for all communications towers.
[1] 
The following regulations shall apply to all Communications Towers that do not meet the definition of a Small Communications Facility.
[a] 
Standard of care. All Communications Towers shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. At all times, Communications Towers shall be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
[b] 
Permitted by special exception outside the Public Street ROW in certain zoning districts pursuant to regulations. Communications Towers are permitted by special exception pursuant to this zoning ordinance within the following districts, so long as they comply with all of the terms and conditions of this Zoning Ordinance:
[i] 
Rural Holding Area (RHA) District.
[ii] 
Rural Conservation (RC) District.
[iii] 
Rural/Suburban (RS) District.
[iv] 
Planned Highway Interchange (PHI) District.
[v] 
Planned Highway Transitional (PHT) District.
[vi] 
Planned/Office Business (POB) District.
[vii] 
Planned Industry/Business (POB) District.
[viii] 
Extractive Industry (EI) District.
[ix] 
Manufacturing and Industrial (MI) District.
[x] 
Fuel Storage (FS) District.
[c] 
Special exception process and required information. In addition to demonstrating compliance with all applicable provisions of the zoning ordinance, the applicant shall provide the following information:
[i] 
Notice. Included with the application for special exception approval for a Communications Tower the Applicant shall provide a list of property owners' names and mailing addresses for all owners of every property within 500 feet of the proposed facility.
[ii] 
Prior to the Board's consideration of a special exception application authorizing the construction and installation of a Communications Tower, it shall be incumbent upon the Applicant for such special exception approval to prove to the reasonable satisfaction of Board that the Applicant cannot adequately extend or infill its communications system by the use of Communications Facilities installed on existing structures, such as utility poles or their appurtenances, buildings, and other available tall structures. The Applicant shall further demonstrate that the proposed Communications Tower must be located where it is proposed in order to serve the Applicant's service area and that no other less intrusive viable alternative location exists.
[iii] 
The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the Applicant, the power in watts at which the Applicant transmits, and any relevant related tests conducted by the Applicant in determining the need for the proposed site and installation.
[iv] 
The special exception application shall be accompanied by documentation demonstrating that the proposed Communications Tower complies with all state and federal laws and regulations concerning aviation safety.
[v] 
Where the Communications Tower is located on a property with another principal use, the Applicant shall present documentation to the Board that the owner of the property has granted an easement for the proposed Communications Tower and that adequate vehicular access will be provided to the facility.
[vi] 
The special exception application shall be accompanied by documentation demonstrating that the proposed Communications Tower complies with all applicable provisions in this section.
[d] 
Communications Towers shall not be located in, or within 75 feet of an area in which all utilities are located underground.
[e] 
Engineer inspection. Prior to the Board's issuance of special exception approval authorizing construction and erection of a Communications Tower, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed Communications Tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception proceedings before the Board, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
[f] 
Visual appearance. Communications Towers shall employ Stealth Technology, which shall be Context Sensitive and may include the tower portion to be painted silver, or another color approved by the Board, or to have a galvanized finish. All Communications Towers and Related Equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principles, practices and techniques. Any utilities extending to the Communications Tower shall be placed underground.
[g] 
Collocation and siting. An application for a new Communications Tower shall demonstrate that the proposed Antenna and Related Equipment cannot be collocated or accommodated on an existing or approved structure or building. The Board may deny an application to construct a new Communications Tower if the Applicant has not made a good faith effort to mount the Antenna on an existing structure. The Applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install a Antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[i] 
The proposed antenna and Related Equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[ii] 
The proposed antenna and Related Equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
[iii] 
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[iv] 
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
[h] 
Permit required for modifications. To the extent permissible under applicable state and federal law, any Applicant proposing the modification of an existing Communications Tower, which increases the overall height of such Wireless Support Structure, shall first obtain a building permit from the Township. Non-routine modifications shall be prohibited without such permit.
[i] 
Gap in coverage or capacity. An Applicant for a Communications Tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of Communications Tower being proposed is the least intrusive means by which to fill that gap. The existence or non-existence of a gap in wireless coverage or capacity shall be a factor in the Board's decision on an application for approval of Communications Tower.
[j] 
Sole use on a lot. A Communications Tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the Township Zoning Code.
[k] 
Combined with another use. A Communications Tower may be permitted on a property with an existing use (except a property with an existing residential use), or on a vacant parcel (except in a residential zoning district), subject to the following conditions:
[i] 
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the Communications Tower.
[ii] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall contain any additional area that may be necessary to comply with all setback requirements and separation distances from other structures as well as to safely accommodate the Communications Tower and guy wires, the equipment building, security fence, and buffer planting.
[l] 
Minimum setbacks and separation distance from structures. The minimum distance between the base of a Communications Tower and any adjoining property line, street right-of-way line or any Principal Structure shall be equal to 100% of the height of the Communications Tower. The underlying lot must be large enough to accommodate Related Equipment, stormwater runoff mechanisms, and all other features typically found within the immediate area of a Communications Tower.
[m] 
Minimum lot or leased area. If property is being subdivided and/or conveyed for the purpose of the construction/installation of a Communications Tower, the minimum lot area shall comply with the requirements for the applicable zoning district. If the property is being leased for a Communications Tower for a lease term (including all options and extensions) of less than 30 years, a Communications Tower may occupy a leased area less than the minimum lot area for the zoning district. If the lease term is 30 years or greater (including all options and extensions) the Communications Tower must occupy a lease area of not less than the minimum lot area for the zoning district, provided proof of the payment of transfer taxes is provided to the Township.
[n] 
Design regulations.
[i] 
The Communications Tower shall employ the most current Stealth Technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the Stealth Technology chosen by the Applicant shall be Context Sensitive and shall be subject to the approval of the Board.
[ii] 
To the extent permissible by law, any height extensions to an existing Communications Tower shall require prior approval of the Township.
[iii] 
Any proposed Communications Tower shall be designed structurally, electrically, and in all respects, to accommodate both the Applicant's Antennas and comparable Collocated Antennas, for the maximum amount of future users based on the size of the proposed Communications Tower.
[iv] 
All Communications Towers shall be equipped with an anti-climbing device approved by the manufacturer.
[v] 
All Communications Towers that include generators (permanent or emergency), or otherwise requiring equipment that utilizes combustible fuels, must obtain an Operational Permit from the Fire Marshal, and pay all associated fees, prior to operation. All such generators and equipment shall be inspected on an annual basis.
[o] 
Surrounding environs.
[i] 
The Applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the Communications Tower shall be preserved to the maximum extent possible.
[ii] 
The Applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the Communications Tower, and anchors for guy wires, if used.
[p] 
Fence/screen.
[i] 
A security fence with a minimum height of eight feet shall completely surround any Communications Tower, as well as guy wires, or any building housing Related Equipment.
[ii] 
The Applicant shall provide a buffer yard and planning screen of high intensity in accordance with the provisions of § 450-405I.
[q] 
Related equipment.
[i] 
Ground-mounted Related Equipment associated with, or connected to, a Communications Tower shall be placed underground or screened from public view using Stealth Technologies, as described herein.
[ii] 
All Related Equipment shall be architecturally designed to blend into the environment in which it is situated and shall meet the minimum setback requirements of the underlying zoning district.
[r] 
Access road. For each Communications Tower, an access road, turnaround space and parking area shall be provided to ensure adequate emergency and service access. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the Communications Tower owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
[s] 
Parking. For each Communications Tower, two off-street parking spaces shall be provided.
[t] 
Inspection. The Township reserves the right to inspect any Communications Tower to ensure compliance with the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a Communications Tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.
[u] 
Additional collocated antennas. As a condition of approval for all Communications Towers, the Applicant shall provide the Township with a written commitment that it will allow other service providers to collocate additional Communications Facilities on Communications Towers where technologically and economically feasible. To the extent permissible under federal and state law, the owner of a Communications Tower shall not install any additional Collocated Antennas without obtaining the prior written approval of the Township.
[v] 
Wind. All Communications Tower structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.
[w] 
Height. Any Communications Tower shall be designed at the minimum functional height. The maximum height of any new Communications Tower outside the Public Street ROW shall be 175 feet. Communications Towers in the Public Street ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two block radius of the proposed facility. No Applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The Applicant shall demonstrate that the proposed Communications Tower is the minimum height necessary for its service area.
[x] 
Related equipment. Either one single-story wireless communications equipment building not exceeding 150 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 15 feet in area housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing space on the Communications Tower.
[y] 
Public safety communications and other communications services. No Communications Tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties. Communications Towers shall be designed and constructed to accommodate the future addition of municipal communications facilities. Prior to issuance of a building permit the applicant shall demonstrate compliance with this requirement and shall describe any necessary steps for future addition of municipal communications facilities.
[z] 
Maintenance. The following maintenance requirements shall apply:
[i] 
Unless otherwise required in this § 450-324B(30), any Communications Tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[ii] 
Maintenance shall be performed to ensure the upkeep of the Communications Tower in order to promote the safety and security of the Township's residents, and utilize the best available technology for preventing failures and accidents. At a minimum such maintenance shall be performed at such frequencies and in accordance with the recommendations of the manufacturer(s) of the Communications Tower and Related Equipment.
[aa] 
Radio frequency emissions. A Communications Tower shall not, by itself or in conjunction with other Communications Towers or Collocated Antennas, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The Applicant shall provide certification of the Communications Tower's compliance with the RF emissions standards and regulations of the FCC to the Code Enforcement Officer as part of a complete application.
[bb] 
Interference. Communications Towers shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties in violation of federal rules.
[cc] 
Historic buildings or districts. No Communications Tower (either inside or outside the Public Street ROW) may be located upon any property, or on a building, structure, or within 100 feet of such property, building or structure, that is listed on the National or Pennsylvania Registers of Historic Places, identified by the Berks County Conservancy, included in the list of historic buildings in the Township's Comprehensive Plan, or that is deemed by the Township to be local historic significance.
[dd] 
Signs. All Communications Towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the Communications Tower shall be those required by the FCC, or any other federal or state agency.
[ee] 
Lighting. No Communications Tower shall be artificially lighted, except as required by law. If lighting is required, the Applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobstrusive and inoffensive an effect as is permissible under state and federal regulations. Automatic lighting is prohibited and all lighting must be controlled manually by an on-site switch. The Applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Manager.
[ff] 
Noise. Communications Towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[gg] 
Aviation safety. Communications Towers shall comply with all federal and state laws and regulations concerning aviation safety.
[hh] 
Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the Communications Tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The Applicant and/or owner of the Communications Tower shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[ii] 
Timing of approval. Within 30 calendar days of the date that an application for a Communications Tower is filed with the Township, the Township shall notify the Applicant in writing of any information that may be required to complete such application. Within 150 calendar days of the receipt of a fully completed application for the approval of a Communications Tower, the Township shall act upon such application and advise the Applicant in writing of its decision. This time period may be extended if mutually agreed upon by the Applicant and Township. If additional information was requested by the Township to complete an application, the time required by the Applicant to provide the information shall not be counted toward the 150-day review period.
[jj] 
Nonconforming towers. Nonconforming Communications Towers, which at the effective date of this chapter or subsequent amendments thereto become nonconforming, and are hereafter damaged, destroyed or partially destroyed by fire, explosion or by any means to an extent of 75% or more of the market value thereof immediately prior to such damage or destruction, shall not be repaired or restored to a nonconforming status, but shall be reconstructed and used only in conformity with the provisions of this chapter.
[kk] 
Removal.
[i] 
Prior to the issuance of a building permit for a Communications Tower the owner or operator shall post security in a form acceptable to the Township in a sufficient amount to cover the facility removal and site cleanup prior to the issuance of any permits to construct or use said facility. Exemption: a commercial communications tower or antenna necessary for and clearly used for emergency communications by a police department, fire company, emergency medical service and other similar public safety organizations is exempt from the requirements of this section.
[ii] 
In the event that use of a Communications Tower is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned Communications Towers, or portions of Communications Towers, shall be removed as follows:
[A] 
All unused or abandoned Communications Towers and Related Equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.
[B] 
If the Communications Tower and/or Related Equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the financial security may be utilized by the Township to remove the Communications Tower and/or Related Equipment. In this event, the Township shall provide written notice of such intended action to the Applicant and, after the expiration of 30 days, the Communications Tower or Related Equipment may be removed by the Township. Furthermore, the Township reserves the right to the salvage value of any removed Communications Tower and/or Related Equipment, if such Communications Tower and/or Related Equipment are not removed by the owner within the time frames enumerated in this chapter.
[C] 
Any unused portions of Communications Towers, including antennas, shall be removed within 60 days of the time of cessation of operations. The Township must approve all replacements of portions of a Communications Tower previously removed.
[ll] 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a Communications Tower, as well as related inspection, monitoring, and related costs. Such permit fees may be amended by resolution from time to time.
[mm] 
FCC license. Each person that owns or operates a Communications Tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
[nn] 
Insurance. Each person that owns or operates a Communications Tower shall provide the Township with a certificate of insurance naming the Township as an additional insured, and evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the Communications Tower.
[oo] 
Indemnification. Each person that owns or operates a Communications Tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees (individually and/or collectively the "Indemnities"), arising out of, but not limited to, the review, approval, permitting, construction, installation, operation, maintenance or removal of the Communications Tower. Each person that owns or operates a Communications Tower shall defend any actions or proceedings against the Indemnities in which it is claimed that personal injury, including death, or property damage was caused by the review, approval, permitting, construction, installation, operation, maintenance or removal of the Communications Tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. Prior to the issuance of a building permit for such facilities the applicant shall be required to execute an indemnification agreement with the Township.
[pp] 
Engineer signature. All plans and drawings for a Communications Tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
[qq] 
Financial security. Prior to receipt of a zoning permit for the construction or placement of a Communications Tower, the Applicant shall provide to the Township financial security sufficient to guarantee the construction of the Communications Tower. Said financial security shall remain in place until the Communications Tower is fully constructed.
(31) 
Community center. When not owned by the municipality, shall comply with the requirements for membership clubs and civic or social organizations.
(32) 
Conference center.
(a) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(b) 
Shall have a lot area of at least 10 acres.
(c) 
May contain restaurants, lodging facilities, recreation facilities, gift shops, personal service facilities and similar type uses, exclusively for the guests. These uses may be located within separate buildings or combinations of these uses could be located within a single building. When located within separate buildings, these uses are exempt from the requirements of § 450-402B regarding two or more principal buildings on a lot.
(d) 
A buffer yard complying with the standards of § 450-405I shall be provided wherever the lot directly abuts any existing residential use.
(e) 
Lighting which is perceptible beyond the property line shall be minimized in accordance with § 450-513 of this chapter.
(f) 
Any restaurant that is associated with a conference center shall comply with the following regulations:
[1] 
A conference center may contain a standard restaurant, but not a fast food restaurant. No drive-through service is permitted.
[2] 
Any waste dumpster shall be screened from view of adjacent streets, dwellings or residential districts, and shall be located a minimum of 150 feet from the boundary of any residential lot and from any dwelling or residential district.
[3] 
Shall provide landscaping and an all-season groundcover on all areas not covered by buildings, structures, parking areas or access drives.
[4] 
On-lot traffic circulation channels and parking areas shall be clearly marked.
(g) 
Any lodging facilities, hotel or motel shall comply with the specific provisions for that use listed in this chapter.
(33) 
Construction company.
(a) 
A construction company facility that consists only of offices, and includes no outdoor storage of construction equipment or materials, and includes no outdoor construction activities, shall be permitted wherever offices are permitted.
(b) 
Any outdoor area utilized for the storage of construction equipment or materials, or where construction activities take place, shall be secured by a locked fence with a minimum height of eight feet to limit accessibility by the general public.
(c) 
Any outdoor area utilized for the storage of construction equipment or materials, or where construction activities take place, which directly abuts any existing residential use shall provide buffer yards and planting screens in accordance with the provisions of § 450-405I. Such planting screen shall comply with the requirements for a screen of high intensity.
(d) 
The use shall comply with the noise control requirements of § 450-511.
(e) 
Light and glare which is perceptible beyond the property line shall be minimized in accordance with § 450-513 of this chapter.
(f) 
Any area utilized for outdoor construction activities or the outdoor storage of materials or construction equipment shall be setback a minimum of 100 feet from any lot line of an existing dwelling and from the boundary of a residential district.
(34) 
Convalescent or nursing home.
(a) 
Such use shall only include uses licensed or approved by an appropriate State agency as a nursing home or personal care center and shall clearly primarily involve care of persons who are aged or physically handicapped or who suffer from mental retardation.
(b) 
Sewer and water. Each facility shall be served by a public sewer and centralized water system.
(c) 
All structures shall be located a minimum of 75 feet from the property lines of the parcel.
(d) 
No more than 20% of the total area of the parcel shall be covered by buildings, unless more stringent requirements are specified, for the Zoning District within which the facility is located.
(e) 
No more than 40% of the total area of the parcel shall have impervious surface unless more stringent requirements are specified, for the Zoning District within which the facility is located.
(f) 
The horizontal distance between groups of buildings shall be at least:
[1] 
Two times the average height of the two groups of buildings for front or rear walls facing front or rear walls.
[2] 
One and one-half times the average height for front or rear walls facing sidewalls.
[3] 
Equal to the height of the highest building for sidewalls facing sidewalls.
(g) 
No less than 30% of the total area of the parcel shall be permanently set aside for noncommercial common open space purposes, such as parks, recreation or conservation of natural features. The common open space areas shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses.
(h) 
Number of spaces. Off-street parking shall be provided on the premises in accordance with the provisions of Article VII.
(i) 
Requirements for off-street parking areas shall be as follows:
[1] 
All access drives and parking areas shall be at least 15 feet from any building on the lot and from exterior lot lines.
[2] 
All parking areas shall be designed in accordance with requirements of § 450-703
[3] 
Access drives and driveways shall be designed in accordance with the requirements of § 450-704.
[4] 
All parking areas that include 20 or more spaces shall be separated from view of any public street and directly abutting single-family detached residence by a buffer yard as described in § 450-405I, but with a width of 10 feet. A planting plan specifying type, size and location of existing and proposed planting material shall be submitted with the application for approval.
[5] 
No more than 15 contiguous spaces shall be permitted in any continuous row without interruption by landscaping.
[6] 
No more than 60 parking spaces shall be accommodated in any single parking area.
[7] 
No more than two interconnected parking areas shall be permitted without having direct access to a public street or a private street meeting Township street standards.
[8] 
The total length of any single or combined parking area shall not exceed 500 feet. The length shall be measured from the center line of the public or private street providing access to the furthest point of the parking area.
(j) 
Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets and not to cause any annoyance to building occupants or surrounding property owners or residents.
(k) 
Exterior storage areas for trash and rubbish shall be visually screened on three sides and contained in airtight, vermin-proof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.
(l) 
A system of paved walkways a minimum of five feet in width shall be provided for access between buildings and common parking areas, open space areas and other community facilities.
(m) 
Such use shall have a twenty-foot buffer yard around the perimeter.
(35) 
Convenience store.
(a) 
The use shall be located on a lot abutting a collector or arterial street.
(b) 
The lot shall have a minimum area of one acre, although such lot may include other permitted uses.
(c) 
The applicant shall prove to the satisfaction of the Board of Supervisors that any outdoor lighting will be placed such that it will not create a significant nuisance to existing and future dwellings.
(d) 
Convenience stores located outside of the PMU District may include fuel pumps, only upon special exception approval by the Board.
(e) 
All activities except those to be performed at the fuel pumps shall be performed within a building.
(f) 
Fuel pumps shall be at least 25 feet from any existing and required future street right-of-way or 50 feet from the street centerline, whichever is greater.
(g) 
Any drive-through facilities shall comply with the drive-through off-street stacking space regulations of Article VII of this chapter.
(h) 
If a convenience store serves prepared food that is to be consumed on site, it shall comply with the provisions for a fast food restaurant included in this chapter.
(36) 
Day-care center. See "Nursery School or Day-care center."
(37) 
Drive-in (outdoor) theater.
(a) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(b) 
Shall have a lot area of at least 10 acres.
(c) 
A buffer yard which complies with the standards of § 450-405I shall be provided around the entire lot.
(d) 
Shall provide a driveway at least 300 feet in length between the point where admission tickets are sold and the street right-of-way lines.
(e) 
The parking/viewing area and all structures within a drive-in (outdoor) theater shall be setback a minimum of 50 feet from all property lines and ultimate street right-of-way lines.
(f) 
A drive-in (outdoor) theater may include a concession stand as an accessory use.
(g) 
On-lot traffic circulation channels and parking areas shall be clearly marked.
(h) 
The drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(38) 
Fast food restaurant, fast food restaurant with drive-through service, food stand.
(a) 
Unless located within the Penn Avenue Overlay District, any waste dumpster shall be screened from view of adjacent streets, dwellings or residential districts, and shall be located a minimum of 150 feet from the boundary of any residential lot and from any residential district and 100 feet from the boundary of any nonresidential lot.
(b) 
Within the Penn Avenue Overlay District, wherever the above dumpster setbacks cannot be met due to lot size or configuration, the Zoning Officer may accept a reduced setback. In such cases the applicant shall be required to demonstrate that the proposed location is the optimal location on the site, and is properly screened from adjoining properties.
(c) 
Shall not include the sale of alcoholic beverages.
(d) 
Shall provide landscaping and an all-season groundcover on all areas not covered by buildings, structures, parking areas or access drives.
(e) 
May provide an outdoor menu board if drive-through service is provided from within the building to customers in their vehicles. Such menu board shall not be considered a sign as long as its predominant use is clearly for listing food items and their costs and it is legible only in close proximity to the drive-through area.
(f) 
Shall provide a buffer yard, complete with a visual planting screen, in accordance with § 450-405I when adjacent to residential properties.
(g) 
Off-street parking shall be provided in accordance with the provisions of Article VII. Required off-street parking shall take into account any outdoor dining area.
(h) 
Any drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(i) 
On-lot traffic circulation channels and parking areas shall be clearly marked.
(j) 
Shall comply with all applicable local, state, and federal requirements. Where such requirements conflict, the more restrictive requirement shall be met.
(k) 
May include outdoor dining areas, subject to the provisions listed for such areas under the standard restaurant regulations.
(39) 
Financial establishment. Any drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(40) 
Fire station. Shall be located on a lot abutting an arterial or collector street as defined by the official street classification map.
(41) 
Forestry. See "Timber Harvesting."
(42) 
Fuel oil company.
(a) 
Shall meet the applicable outdoor storage control provisions of § 450-509.
(b) 
Shall be in accordance with applicable Federal, State and local fire protection standards.
(c) 
Where such use includes above-ground, large containers for the bulk storage of petroleum products and petroleum-based liquids, it shall comply with the applicable provisions listed in this section for a fuel storage tank farm.
(43) 
Fuel storage tank farm or fuel products terminal.
(a) 
Shall meet the applicable outdoor storage control provisions of § 450-509.
(b) 
Shall be in accordance with applicable Federal, State and local fire protection standards.
(c) 
All tanks must be equipped with overfill protection devices. These devices must alert the transfer operator that the tank is 90% full or automatically shut off flow to the tank when the tank is no more than 95% full. All tanks must be equipped with an impervious spill containment basin.
(d) 
Piping on pressure systems shall be equipped with leak detection devices that will promptly notify the operator of a problem in the system in one of the following manners:
[1] 
Give an audible and visible warning through the tank alarm panel.
[2] 
Completely stop the flow of the material to the dispenser.
(e) 
Secondary containment shall be provided around and under all aboveground stationary tanks and shall consist of native soils, clays, bentonites, or artificially constructed material equivalent to 60 mil high density polyethylene or greater, and having an impermeability of at least 10-6 centimeters per second. Secondary containment must be constructed and maintained to meet impermeability requirements for the operational life of the tank(s). Secondary containment must be capable of containing 110% of the volume of the largest tank.
(f) 
Propane tanks shall be exempt from these standards.
(44) 
Garden Apartments or Single-Family Attached Dwellings (Townhouses).
(a) 
Uses. Permitted principal uses include dwelling units permitted in the district. Permitted accessory uses include a rental office, recreational facilities, off-street parking, indoor vending machines and laundry or laundromat facilities. These accessory uses shall be intended only for the use of the residents of the development.
(b) 
Sewer and water. Each dwelling unit shall be served by a public sewer and centralized water system.
(c) 
All garden apartment or townhouse developments shall conform to all of the requirements as herein established, unless located within a mixed-use development, in which case the provisions of § 450-324B(67)(m) shall apply:
Garden Apartment
Single-Family Attached Dwellings
Minimum tract size:
5 acres
3 acres
Minimum lot width at building line:
300 feet
22 feeti
Minimum side yard:
75 feet
30 feetii
Minimum rear yard:
75 feet
30 feet
Minimum front yard:
75 feet
30 feet
Distance between buildings:
See § 450-324B(44)[d][4]
See § 450-324B(44)[d][4]
Parking area setback from lot line or street ultimate right-of-way
15 feet
30 feetiii
Maximum dwelling units per gross acre
15
10
Minimum usable open space (not including driveway areas) devoted solely to recreational use and activities:
15% of the tract
10% of the tractiv
Maximum height:
3 Stories or 40 feetv
2 1/2 Stories or 35 feetiv
Maximum building coverage:
50%
50%
Maximum impervious coverage:
70%
70%
NOTE:
i
Minimum width of a townhouse dwelling unit is 22 feet per unit.
ii
Applies to end building only.
iii
Parking areas for individual townhouses.
iv
Usable open space shall not include front, side and/or rear yards of an individual townhouse or garden apartment.
v
Whichever is less.
NOTE: See § 450-327C of this chapter for special standards relating to storage sheds and other accessory uses, buildings and structures.
(d) 
Notwithstanding the provisions of the above requirements, the following shall also apply:
[1] 
No more than six townhouse dwelling units shall be attached, unless otherwise permitted within a mixed-use development.
[2] 
The developer should vary architectural treatments within apartment projects, individual apartments and between dwelling units in a townhouse development. Variations may include those of exterior elevation, building setbacks, provision of balconies, architectural details, pitch of roof, exterior materials or use of color. Variety and flexibility in design layout and arrangement of buildings, parking areas, services, recreation areas, common open space and planting that fully considers the particular physical characteristics of the site and natural amenities is highly desired.
[3] 
Unless otherwise permitted within a mixed-use development, the horizontal distance between groups of townhouses or garden apartments shall be at least:
[a] 
Two times the average height of the two groups of townhouses and garden apartments for front or rear walls facing front or rear walls.
[b] 
One and one- half times the average height for front or rear walls facing side walls.
[c] 
Equal to the height of the highest building for side walls facing side walls.
[4] 
Unless a larger setback is otherwise required in this Chapter, the minimum distance between a building and a street, driveway or parking area should not be less than 15 feet.
[5] 
Parking may be provided on the lot, as carports, as an integral part of the townhouse or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs.
[6] 
Usable open space devoted to recreational use as herein required shall be designed for use by tenants or owners of the development and shall be improved and equipped by the developer in accordance with plans submitted to and approved by the Planning Commission.
[7] 
Garden apartment buildings shall not exceed 250 feet in length.
[8] 
In the event a development is designed to contain more than one permitted use, the submitted plan shall indicate an area designed for each such use and shall designate all requirements of this chapter for each use.
(e) 
Number of Spaces. Off-street parking, whether garage or on-lot, shall be provided on the premises at the following rates, unless otherwise permitted within a mixed-use development:
[1] 
Garden apartments located on college-adjacent properties: one space for each bedroom but not less than two spaces per dwelling unit, plus one space for every three dwelling units.
[2] 
All other garden apartments: two spaces for each dwelling unit.
(f) 
Requirements for off-street parking area shall be as follows:
[1] 
All access drives and parking areas shall be at least 15 feet from any building on the lot and from exterior lot lines.
[2] 
All parking areas shall be designed in accordance with requirements of § 450-703, except as modified by this section.
[3] 
Access drives and driveways shall be designed in accordance with the requirements of § 450-704.
[4] 
All parking areas that include 20 or more spaces shall be separated from view of any public street and directly abutting single-family detached residence by a buffer yard as described in § 450-405I, but with a width of 10 feet. A planting plan specifying type, size and location of existing and proposed planting material shall be submitted with the application for approval.
[5] 
No more than 15 contiguous spaces shall be permitted in any continuous row without interruption by landscaping.
[6] 
This subsection was intentionally deleted.
[7] 
The total length of any single or combined parking area shall not exceed 600 feet. The length shall be measured from the center line of the public or private street providing access to the furthest point of the parking area. Where a combined parking area has a second access point to a public or private street, the total length of any single or combined parking area shall not exceed 1,200 feet measured from the center lines of the intersecting public or private streets providing access.
[8] 
In the case of townhouses, no more than 50% of the required front yard shall be used for parking.
(g) 
The developer shall install a storm runoff and drainage system in accordance with acceptable engineering practices so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site, at a rate no greater than existed prior to development. Plans for such drainage system shall be submitted and shall be subject to approval by the Township Engineer of the Township.
(h) 
All provisions of existing Township ordinances and subdivision and land development ordinances regarding storm drainage shall be complied with.
(i) 
Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public sheets and not to cause any annoyance to building occupants or surrounding property owners or residents. All lighting shall comply with the provisions of § 450-513.
(j) 
Exterior storage areas for trash and rubbish shall be visually screened on three sides and contained in airtight, vermin-proof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.
(k) 
Swimming pool.
[1] 
No structure shall be permitted without a filtering system utilizing chlorinated water.
[2] 
No structure shall be permitted unless a permanent continuous fence which is four feet minimum in height surrounds the facilities.
[3] 
No structure shall be within 50 feet of any property line or easement.
[4] 
No structure shall be constructed between the building setback line and the street line.
[5] 
No structure shall be permitted unless surrounded by a paved surface extending a minimum of five feet from the water line.
[6] 
Lighting shall not create a glare on any surrounding properties.
[7] 
No persons other than residents and their guests shall be permitted to use the facility.
[8] 
One parking space for each three dwelling units shall be provided in addition to the residential requirements, unless located within a mixed-use development that has a tract size of 50 acres or greater.
(l) 
Outdoor recreation.
[1] 
Such facilities shall be limited to tennis courts, which are completely surrounded by a fence 10 feet in height, barbeque or other cookout facilities constructed of permanent material, yards which are completely landscaped, garden areas for tenant use, playlots, provided that facilities located in this area are surrounded by fencing at least four feet in height, with benches for adults; facilities for such games as shuffleboard or basketball, provided that a paved surface is provided and that such facilities are located at least 50 feet from any building.
[2] 
No outdoor recreational facilities, except yards and garden areas, shall be located within 50 feet of any lot line.
[3] 
No outdoor facilities, except yards, shall be located between the building setback line and the street line.
(m) 
No outdoor clotheslines shall be located in any required side yard, rear yard or between the building setback line and the street line with permanent metal poles for support.
(n) 
No activities shall be permitted which create a public nuisance and/or interfere with the use of adjacent land.
(o) 
No structure or building shall be permitted specifically designed for pets.
(p) 
Garden apartment and townhouse development shall be deemed to be a subdivision governed by the provisions and procedures of Chapter 400, Subdivision and Land Development, and the procedures established in said Chapter 400 for approval shall be followed.
(45) 
Golf course, chip and putt course.
(a) 
The use shall comply with the requirements for Recreation, Nonpublic Outdoor listed in this section.
(b) 
A golf course or chip and putt course may include a standard restaurant, food stand or membership clubhouse as a clearly accessory use.
(c) 
Any golf course or chip and putt course shall have a minimum lot area of 10 acres and a maximum impervious coverage of 10%.
(d) 
No fairway or green shall be located closer than 50 feet to the property line of an existing dwelling or to the existing right-of-way line of any public street. The design of the course shall be such that no participant is encouraged to drive a golf ball over any adjoining property, building, parking lot, street, access drive or driveway.
(e) 
Golf courses and chip and putt courses may include the following accessory uses, provided such uses are located so as to provide incidental service to the golf course employees and users:
[1] 
Snack bar.
[2] 
Locker and rest rooms,
[3] 
Pro shop and administrative offices,
[4] 
Golf cart and maintenance equipment storage and service facilities,
[5] 
Driving range and miniature golf course.
[6] 
Picnic pavilions.
(f) 
The following uses are permitted within a golf course when a special exception is granted by the Board. The appropriate requirements for such uses listed under this section shall apply:
[1] 
Banquet facilities.
[2] 
Restaurant.
[3] 
Tavern.
(g) 
The design of the course shall minimize cart path crossing of streets, access drives and driveways. The design shall both discourage random crossings and require use of the cart path crossings of streets, access drives and driveways. Easily identifiable cart paths, with adequate sight distance at all street crossings, shall be provided for such crossings.
(h) 
All outdoor storage of maintenance equipment and/or golf carts shall be setback at least 100 feet and shall be screened from adjoining residential properties and streets.
(46) 
Greenhouse/nursery (retail).
(a) 
Such use may not include sale of items not primarily grown on the premises.
(b) 
No off-road vehicles used for such work shall be parked within the required minimum front yard.
(47) 
Group home.
(a) 
There shall be no more than six residents, except where the Board has granted a special exception permitting a modification to the total number of residents in accordance with the provisions of § 450-805B(5) of this chapter.
(b) 
There shall be twenty-four-hour resident supervision by people qualified by training and experience in the field for which the group home is intended.
(c) 
The use shall be licensed under the applicable State program and shall comply with all applicable State rules and regulations.
(d) 
Any medical or counseling services provided shall be done so only for residents of the group home.
(e) 
The lot upon which a group home is located shall be at least 300 feet from the lot upon which another group home is located; (such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot.
(f) 
Off-street parking shall be provided in accordance with the provisions of Article VII.
(g) 
There shall be no alteration to the outside of the structure that would alter the single-family character of the dwelling, be inconsistent with the basic architecture of the dwelling, or become incompatible with surrounding dwellings.
(h) 
No sign for the group home shall be displayed.
(i) 
No more than two live-in supervisors shall reside in a group home.
(j) 
The applicant shall provide documentation that the residents of the group home shall receive the physical safety and emotional support that may be required, in accordance with prevailing governmental regulations.
(k) 
Immediate contact with a supervisor or manager of the facility shall be available to the Township, 24 hours per day, seven days per week.
(l) 
An emergency management plan must be developed and submitted to the Township Fire Marshal for review and approval.
(m) 
All group homes shall be subject to an annual inspection by the Township Codes Department and the Township Fire Marshal.
(n) 
The applicant shall provide the Township with copies of all applicable state and/or federal licenses and approvals."
(48) 
Gun club/outdoor target range.
(a) 
These provisions shall apply to gun clubs, outdoor target ranges, archery ranges, sport or skeet shooting areas.
(b) 
Shall have a lot area of at least 10 acres.
(c) 
All outdoor target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately provide for the public safety. Such barrier shall prevent the ball, bullet or arrow from traveling more than 15 yards beyond the target.
(d) 
The use shall comply with all applicable Federal, State and local regulations.
(e) 
No such use shall be located within 500 feet of any property boundary line.
(f) 
Such use shall not operate between one hour before dusk and 8:00 a.m.
(49) 
Heavy industrial use.
(a) 
Shall be in accordance with applicable Federal, State and local fire protection standards.
(b) 
The minimum size of a lot containing such use shall be three acres.
(c) 
Any new or expanded structure associated with a heavy industrial use shall be located a minimum of:
[1] 
Two hundred feet from any lot line of an existing dwelling and from the boundary of a residential district;
[2] 
One hundred feet from any other exterior lot line.
(d) 
Modification to setbacks. As a special exception, the Board may reduce the above setback requirement for heavy industrial uses if the applicant proves to the satisfaction of the Board that such reduction is necessary to allow a reasonable use of a building regulated by this section.
(e) 
New or expanded heavy industrial operations shall:
[1] 
Not be located within the Identified Floodplain Area;
[2] 
Not be located within 100 feet of a perennial stream, river, watercourse, spring, lake, pond or reservoir;
[3] 
Comply with all State, County and local requirements, including all PADEP wellhead protection provisions;
[4] 
Not be located within 100 feet of an active public drinking well or an active intake for a public water supply.
(f) 
Any outdoor area utilized for the storage of equipment or materials, or where industrial activities take place, shall be secured by a locked fence with a minimum height of eight feet to limit accessibility by the general public. The gate shall provide automatic access to emergency personnel.
(g) 
Heavy industrial uses shall comply with the noise control requirements of § 450-511.
(h) 
Any on-site transmission and power lines for heavy industrial uses shall, to the maximum extent practicable, be placed underground.
(i) 
Heavy industrial uses shall not cause any disruption or loss of radio, telephone, television or similar signals.
(j) 
Light and glare which is perceptible beyond the property line shall be minimized in accordance with § 450-513 of this chapter.
(k) 
Any component of the heavy industrial use for which there are specific additional requirements within this section shall also comply with those additional requirements.
(l) 
Any heavy industrial use located on a property which directly abuts any existing residential use, or residential district, shall provide buffer yards and planting screens in accordance with the provisions of § 450-405I. Such planting screen shall comply with the requirements for a screen of high intensity.
(m) 
All heavy industrial uses shall be provided with centralized sewer and water services.
(n) 
All heavy industrial uses shall meet the applicable outdoor storage control provisions of § 450-509. No outdoor storage of trash, garbage, refuse, junk, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins or similar items shall be permitted.
(o) 
Where such use includes above-ground, large containers for the bulk storage of petroleum products and petroleum-based liquids, it shall comply with the applicable provisions listed in this section for a petroleum tank farm.
(p) 
Truck parking and loading shall meet the minimum standards of this Part and in unique situations shall be provided according to maximum standards of the industry for the specific activity to be conducted.
(q) 
Truck or rail access and operations shall not conflict with the convenience and safety of automobile traffic and parking.
(r) 
A heavy industrial use may include various accessory uses that are customarily incidental to and in direct support of the principal use. Such accessory uses could include the following facilities:
[1] 
Business offices.
[2] 
Staff cafeteria or lunch room.
[3] 
Lockers and rest rooms.
[4] 
Interior service and convenience uses.
[5] 
Warehouse and storage structures.
[6] 
Any other incidental use that is customarily accessory to a heavy industrial use.
(s) 
Any person who proposes a heavy industrial use shall submit land development plans to the Planning Commission and the governing body complying with the provisions of Chapter 400, Subdivision and Land Development, and including the following information:
[1] 
A map of the lot indicating the placement of structures and the locations of areas which are to be utilized in the operation, prepared by a licensed surveyor or engineer.
[2] 
A description of the types of operations which will be conducted and the procedures which will be utilized.
[3] 
A complete compliance history for any and all similar facilities owned and/or operated by the applicant.
[4] 
Any and all information provided to state or federal agencies regarding the proposed site and/or facility.
[5] 
A sketch showing the landscape plan indicating screening provision.
(50) 
Heliport.
(a) 
Such use shall be located a minimum of 500 feet from an existing dwelling or a residential zoning district other than land that will (i) be retained in ownership by the owner of the heliport, or (ii) will be permanently deed restricted against residential use.
(b) 
The applicant shall prove to the satisfaction of the Board that the usual approaches, takeoff and flight patterns to and from the heliport and the maximum number of flights to and from such heliport will not create a significant noise or safety hazard for current or future residents.
(c) 
The Board may place reasonable conditions, to ensure compatibility with neighboring uses, on the maximum permitted weights of helicopters, number of flights per week, operating hours and other operations, other than matters preempted by the State and Federal government.
(d) 
A heliport, or similar facilities for the transport of patients, is a permitted accessory use at a hospital or medical center, and does not require special exception approval under such circumstances.
(51) 
Holiday tree sales.
(a) 
Holiday Tree Sales may include the sale of other similar evergreen or live items such as greens and wreaths, or accessories such as bows, tree bags and tree stands, but shall not include the sale of miscellaneous retail merchandise.
(b) 
There shall be one holiday tree sales event per year per lot.
(c) 
Only one holiday tree sales event may take place on a lot at any given time.
(d) 
Holiday tree sales events must obtain a temporary sales permit. Permit will be valid between the dates of November 15 and December 31.
(e) 
All holiday trees, temporary structures, signage, and accessories to the holiday tree sale must be removed from the property by December 31.
(f) 
No more than 10% of the required parking area for the existing uses on the lot may be used for the holiday tree sales area.
(g) 
Holiday Tree Sales hours of operation shall be limited to the hours of 7:00 a.m. to 10:00 p.m.
(h) 
Holiday Tree Sales areas are limited to designated parking areas on the lot. In the event that the lot contains no existing parking facilities, a designated area containing a minimum of six off-street parking spaces shall be provided in accordance with the requirements of Article VII of this chapter.
(i) 
Holiday Tree Sales shall not disrupt the daily operations of the principal business located on the lot.
(j) 
No holiday tree sales shall be located within any designated clear sight triangle.
(k) 
No holiday tree sales shall adversely impact the health, safety, and welfare of the Township.
(l) 
Signage must comply with the provisions of this chapter. No signage may be displayed until a Temporary Sales Permit is obtained.
(m) 
All holiday tree sales shall comply with applicable building, fire, and electrical codes of the Township.
(52) 
Hospital or medical center.
(a) 
A hospital or medical center shall have a minimum tract size of 10 acres. Each lot within a hospital or medical center development shall comply with the minimum lot area and width requirements of the zoning district within which it is located.
(b) 
A hospital or medical center shall be located on a lot abutting and having direct vehicular access onto an arterial or collector street as defined in this chapter.
(c) 
A minimum of two access drives complying with the width requirements of § 450-704 shall be provided from such arterial or collector street. However, the hospital or medical center shall make the maximum use possible of interior streets or access drives, as opposed to numerous driveways entering onto existing public streets.
(d) 
No hospital in a residential district may involve primarily the treatment of the criminally insane.
(e) 
A hospital or medical center may include various accessory uses that are customarily incidental to and in direct support of the primary health care mission of the hospital or medical center. Such accessory uses could include the following facilities, which shall be integrated with the hospital facilities:
[1] 
Medical and administrative offices.
[2] 
Medical laboratory or blood donor station.
[3] 
Patient hostel.
[4] 
Hospital staff dormitory.
[5] 
Ambulance service.
[6] 
Methadone clinics and drug rehabilitation facilities.
[7] 
Pharmacy.
[8] 
Gift shop.
[9] 
Teaching facilities.
[10] 
Research facilities.
[11] 
Interior service and convenience uses.
[12] 
Heliport, or similar facilities for accommodating aerial transport of patients.
(f) 
The principal and accessory uses comprising the hospital or medical center may be located in a single building or may consist of several buildings located on one or more lots. In the case of multiple buildings on a single lot, the provisions of § 450-402B regarding two or more principal buildings on a lot shall not apply.
(g) 
Regardless of the number of buildings on a lot, all front, rear and side yard building setbacks for the zoning district within which it is located shall apply.
(h) 
The hospital or medical center shall be in single ownership and shall consist of harmonious groupings of buildings, service and parking areas, circulation and open space.
(i) 
Only the accessory uses listed above or those associated with a commercial district shall be permitted.
(j) 
Off-street parking setback. Parking shall be permitted in the areas required for front, side and rear yard setbacks up to a point of 25 feet from any front, side or rear lot line of the hospital or medical center. This setback shall not be applied along internal lot lines of the hospital or medical center for common parking areas serving buildings on multiple lots. All parking areas shall be suitably paved with permanent hard-surface coverings.
(k) 
Parking. Where a hospital or medical center contains any of the accessory uses listed above (regardless of whether each use is listed in Table 7.1 or is an unlisted use), the number of parking spaces required shall be the sum of the parking requirements for each separate principal and accessory use.
(l) 
Sewer and water. All buildings within a hospital or medical center shall be provided with centralized sewer and water services.
(m) 
The facility shall comply with all applicable Federal, State, County and local regulations and shall be licensed as required by the State.
(n) 
Lighting for buildings, accessways and parking area shall comply with the requirements of §§ 450-513 and 450-703F.
(o) 
Any patient hostel or hospital staff dormitory shall comply with the following requirements:
[1] 
Permitted accessory uses include off-street parking, indoor vending machines and laundry facilities. These accessory uses shall be intended only for use by the residents of the patient hostel or the hospital staff dormitory.
[2] 
Any hospital staff dormitory shall be located a minimum of 150 feet from any lot line of an existing dwelling or boundary of a residential district.
[3] 
Any hospital staff dormitory shall have a maximum capacity of one resident per 500 square feet of lot area and shall be restricted to hospital staff members.
(53) 
Hotel/motel:
(a) 
A minimum lot area of one acre shall be required.
(b) 
A restaurant may be permitted as an accessory use to a hotel or motel. In such cases, the appropriate requirements listed under § 450-324B for this use shall apply.
(54) 
Indoor sports facility.
(a) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(b) 
All activities shall take place within a wholly-enclosed building.
(c) 
Off-street parking shall be provided as required by the combination of elements comprising the non-municipal indoor recreation.
(d) 
Buildings shall be located a minimum of 150 feet from any exterior lot line bordering an existing residential use.
(55) 
Kennel.
(a) 
All kennels shall provide the minimum area for kennels required by State regulations.
(b) 
All buildings in which animals are housed and all runs shall be located at least 500 feet from all lot lines.
(c) 
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(d) 
Outdoor runs may be provided so long as a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(e) 
A kennel shall serve a maximum of 50 animals and shall not include breeding of animals.
(56) 
Laundry/laundromat.
(a) 
Centralized sewage disposal facilities and centralized water supply facilities shall be required.
(b) 
Any drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(57) 
Light industrial use.
(a) 
Shall be in accordance with applicable Federal, State and local fire protection standards.
(b) 
Any new or expanded structure associated with a light industrial use shall be located a minimum of:
[1] 
One hundred feet from any lot line of an existing dwelling and from the boundary of a residential district;
[2] 
Fifty feet from any other exterior lot line.
(c) 
Modification to setbacks. As a special exception, the Board may reduce the above setback requirement for light industrial uses if the applicant proves to the satisfaction of the Board that such reduction is necessary to allow a reasonable use of a building regulated by this section.
(d) 
Light industrial uses shall comply with the noise control requirements of § 450-511.
(e) 
Light and glare which is perceptible beyond the property line shall be minimized in accordance with § 450-513 of this chapter.
(f) 
Any component of the light industrial use for which there are specific additional requirements within this section shall also comply with those additional requirements.
(g) 
Any light industrial use located on a property which directly abuts any existing residential use, or residential district, shall provide buffer yards and planting screens in accordance with the provisions of § 450-405I. Such planting screen shall comply with the requirements for a screen of high intensity.
(h) 
All light industrial uses shall meet the applicable outdoor storage control provisions of § 450-509. No outdoor storage of trash, garbage, refuse, junk, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins or similar items shall be permitted.
(58) 
Lumber yard. Shall be on a lot abutting an arterial or collector street (as defined by the official street classification map).
(59) 
Medical office or medical clinic.
(a) 
Any use conforming to the definition of a medical office or medical clinic shall comply with the minimum lot area and width requirements of the zoning district within which it is located.
(b) 
Services provided shall be those that do not require overnight stay.
(c) 
The use may include administrative offices, waiting rooms, treatment rooms, analysis and testing rooms, pharmacies and dispensaries directly associated with the use.
(d) 
The facility shall comply with all applicable Federal, State, County and local regulations and shall be licensed as required by the State.
(e) 
Lighting for buildings, accessways and parking areas shall comply with the requirements of §§ 450-513 and 450-703F.
(60) 
Membership club and civic or social organizations.
(a) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(b) 
Within districts where outdoor membership clubs, civic or social organizations are not permitted uses, all activities shall take place within a wholly-enclosed building.
(c) 
Such indoor uses or activities shall comply with the requirements for Recreation, Non-Municipal Indoor listed in this section.
(d) 
Such outdoor uses or activities shall comply with the requirements for Recreation, Non-Municipal Outdoor listed in this section.
(e) 
Any associated restaurant or tavern uses shall comply with the provisions for those uses included in this section.
(f) 
The use shall be permitted within the RHA and PBR Districts only when it does not include any restaurant or tavern facilities.
(g) 
If such use is owned by the Township, it shall be permitted wherever a Township-owned use is permitted.
(61) 
Micro-brewery, micro-winery or micro-distillery.
(a) 
Although the use is classified as a type of restaurant or tavern, it shall be permitted in only those districts where the specific use of micro-brewery, micro-winery or micro-distillery is listed among those permitted by special exception.
(b) 
Where the total sale of food exceeds the total sale of alcoholic beverages, the use shall comply with the requirements listed for restaurants in this section.
(c) 
Where the total sale of alcoholic beverages exceeds the total sale of food, the use shall comply with the requirements listed for taverns in this section.
(d) 
No more than 30% of the total floor area of the restaurant or tavern shall be utilized for the manufacture and storage of alcoholic beverages.
(e) 
The use shall include no drive-through facilities.
(f) 
No wholesale sales of alcoholic beverages is permitted.
(g) 
The use shall have an off-street loading dock in accordance with the requirements of Article VII of this chapter. Required off-street parking shall take into account any outdoor service area.
(h) 
All alcoholic beverage production and storage activities shall be located within a completely enclosed building. All exterior doors leading to the production or storage area shall remain closed during business hours.
(i) 
Beverages manufactured onsite cannot be sold or otherwise provided for consumption on the premises, or to customers for consumption off the premises, unless the owner complies with all applicable licensing and operational requirements of the State.
(j) 
Shall comply with the Nuisance provisions of § 450-502, the Noise Control provisions of § 450-511 and the provisions of § 450-512, including odor control.
(k) 
The use shall not exceed the following yearly production limits, unless during the special exception approval process the applicant provides compelling information to the Zoning Hearing Board which would warrant approval of a greater limit:
Yearly Production Limits
Micro-brewery
Fermented malt beverages
1,000 barrels*
Micro-distillery
Distilled alcoholic beverages
5,000 gallons
Micro-winery
Wine or similar spirits
10,000 cases**
*
One barrel equals 31 gallons.
**
One case includes 12 750 ml bottles.
(l) 
The use may include outdoor seating areas, subject to the provisions listed for outdoor dining areas under the standard restaurant regulations. Such outdoor seating areas shall not encroach into public street rights-of-way and/or public sidewalk areas.
(m) 
Shall comply with all applicable local, state and federal requirements. Where such requirements conflict, the more restrictive requirement shall be met.
(n) 
The proposed use shall not adversely affect the adjoining properties.
(o) 
Unless located within the Penn Avenue Overlay District, buildings shall be located a minimum of 150 feet from any exterior lot line bordering an existing residential use. Within the Penn Avenue Overlay District such minimum distance shall be 75 feet.
(62) 
Micro-winery, agricultural.
(a) 
The use is not required to include a restaurant or a tavern.
(b) 
The use shall include no drive-through facilities.
(c) 
No wholesale sales of alcoholic beverages is permitted.
(d) 
All alcoholic beverage production and storage activities shall be located within a completely enclosed building. All exterior doors leading to the production or storage area shall remain closed during business hours.
(e) 
Beverages manufactured onsite cannot be sold or otherwise provided for consumption on the premises, or to customers for consumption off the premises, unless the owner complies with all applicable licensing and operational requirements of the State.
(f) 
Shall comply with the Nuisance provisions of § 450-502, the Noise Control provisions of § 450-511 and the provisions of § 450-512, including odor control.
(g) 
The use shall not exceed a yearly production limit of 10,000 cases.
(h) 
The use may include outdoor seating areas, subject to the provisions listed for outdoor seating areas under the standard restaurant regulations. Such outdoor seating areas shall not encroach into public street rights-of-way and/or public sidewalk areas.
(i) 
Shall comply with all applicable local, state and federal requirements. Where such requirements conflict, the more restrictive requirement shall be met.
(j) 
The proposed used shall not adversely affect the adjoining properties.
(k) 
Buildings shall be located a minimum of 150 feet from any exterior lot line bordering an existing residential use.
(63) 
Mineral extraction.
(a) 
Sandpits, gravelpits, removal of topsoil and the excavation, extraction or removal of any natural resource from the land or ground for any purpose, are permitted subject to the following conditions.
(b) 
Any person who desires to operate a use described above shall submit land development plans to the Planning Commission and the governing body complying with the provisions of Chapter 400, Subdivision and Land Development, and including the following information:
[1] 
A map of the lot indicating the open area which is to be used and the setback distance, prepared by a licensed surveyor or engineer.
[2] 
A description of the specific types of material the applicant proposes to extract from the site, the types of operations which will be conducted and the procedures which will be utilized.
[3] 
A statement of qualifications to operate a quarry, mining or excavation facility.
[4] 
A complete compliance history for any and all similar facilities owned and/or operated by the applicant.
[5] 
Any and all information provided to the PADEP or the U.S. EPA regarding the proposed site and/or facility.
[6] 
A sketch showing the landscape plan indicating screening provision.
[7] 
Preliminary specifications and architectural drawings for all structures and appurtenances to be located on the site.
[8] 
A photograph of the open area to be used.
[9] 
A site plan for rehabilitation, showing both existing and proposed final contours, shall be submitted and approved by the governing body. After any such operations, the site shall be made reusable for a use permitted in the Zoning District. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation is terminated. Except where lakes are created and retained, the area shall be brought to final grade by a layer of earth (capable of supporting vegetation) of at least two feet or to original thickness, whichever is less. Fill shall be a suitable material approved by the governing body.
(c) 
All plans shall be submitted to and approved by the Berks County Conservation District.
(d) 
The proposed operations shall comply with the following provisions:
[1] 
The operations shall not adversely affect soil fertility, drainage and lateral support of abutting land or other properties, nor shall it contribute to soil erosion.
[2] 
Quarry, mining, excavation and/or mineral extraction operations shall not be permitted within any wetlands or within 100 feet of any body of surface water.
[3] 
No quarrying, mining or excavation operations, including drilling and blasting, shall occur on Sunday and shall not be conducted between 8:00 p.m. and 8:00 a.m. during the remainder of the week.
[4] 
For any open excavation that would have a depth greater than 10 feet and any slopes greater than 30%, a substantial fence shall be provided and approved by the Zoning Officer as adequate. Such a fence shall include gates at appropriate locations for emergency access.
[5] 
Grading, backfilling and replacement of all overburden material shall be done in a manner that will restore the site to the same or more suitable condition and usable grade as existed on the site prior to the mineral extraction operations.
[6] 
The sidewalls of any quarrying, mining or excavation operation that are not completely backfilled shall have a slope no greater than one foot of vertical distance for each two feet of horizontal distance.
[7] 
Dust and debris from the operation shall not be permitted to accumulate within any public right-of-way.
[8] 
All operations shall be separated from any abutting residential uses by a buffer yard as described in § 450-405.
[9] 
All operations shall be set back a minimum of 50 feet from all exterior lot lines and 100 feet from an existing residential use.
[10] 
All operations shall be reasonably screened from view of public expressway, arterial or collector streets.
[11] 
Any portion of an access road that is located within 100 feet of the lot line of a residential use or a primarily residential district shall be provided with a dustless surface.
[12] 
Access roads shall connect to collector or arterial roads while making every reasonable effort to avoid travel by heavy trucks through residential areas.
[13] 
At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.
(64) 
Miniature golf course (outdoor).
(a) 
The proposed use shall not adversely affect the adjoining properties.
(b) 
All area and bulk regulations of the applicable zoning district shall apply.
(c) 
The use shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(d) 
A miniature golf course may include a standard restaurant, food stand or membership clubhouse as a clearly accessory use.
(e) 
The applicant shall furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside the establishment.
(f) 
Buildings shall be located a minimum of 50 feet from any exterior lot line bordering an existing nonresidential use or from any existing street right-of-way.
(g) 
Buildings shall be located a minimum of 100 feet from any exterior lot line bordering an existing residential use.
(65) 
Mobile home park.
(a) 
Such use shall have a minimum tract size of 20 acres and a maximum overall density of no more than five mobile homes per acre.
(b) 
Such use shall have centralized sewer and water.
(c) 
Such use shall have a twenty-foot buffer yard around the perimeter of the site, as described in § 450-405I.
(d) 
All applicable provisions of Chapter 400, Subdivision and Land Development, shall be met.
(66) 
Mobile/Manufactured Home.
(a) 
Shall be constructed in accordance with the Safety and Construction Standards of the United States Department of Housing and Urban Development.
(b) 
Shall have a site graded to provide a level, stable and well-drained area.
(c) 
Shall have wheels, axles and hitch mechanisms removed.
(d) 
Shall be placed on a permanent foundation as described by the following:
[1] 
The foundation system shall consist of ten-inch diameter concrete piers, concrete footing perpendicular to the main longitudinal frame or equivalent and shall be installed from ground level to below the frost line (thirty-six inch minimum). This foundation system shall be placed on eight feet centers along each of the two main longitudinal frames for each section of the home with no more than three feet overhang at each end of the section.
[2] 
One-half inch diameter by twelve-inch long eyebolts shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing or equivalent. Concrete blocks shall be used to support the home on the foundation system and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation.
[3] 
The mobile/manufactured home shall be securely anchored or tied down with cable and thin buckles or equivalent connecting the frame to the case in place eyebolts on at least four corners and two midpoints. The tiedown shall also be in accordance with the manufacturer's recommendations furnished with each home.
[4] 
Homes shall not be placed more than four feet above the supporting ground area.
(e) 
Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home.
(f) 
The Board may require such additional fencing, earthen berming and screening as is reasonable.
(67) 
Mixed-use development.
(a) 
Purpose. The purpose of a mixed-use development is to create a walkable, livable, and attractive development center in the community intended to:
[1] 
Encourage economic development through the creation of a variety of compatible uses.
[2] 
Provide opportunities for multifamily housing in a manner that would integrate well with a mixture of retail, personal service and businesses, while maintaining the livability of the residences.
[3] 
Promote a walkable community with pedestrian-oriented buildings and open space that connects to nearby destinations.
[4] 
Ensure that new development is consistent with and enhances the nearby streetscape.
[5] 
Promote the adaptive reuse of existing buildings.
(b) 
Uses permitted by right within the PAC District. Except for the prohibited uses listed below, each principal use permitted by right within the Penn Avenue Commercial (PAC) District, as listed under § 450-314B, shall be permitted by right within a mixed-use development located within the PAC District, provided that the use, type, dimensional, and all other applicable requirements of this chapter are satisfied.
(c) 
Uses permitted by right within the POB District. Except for the prohibited uses listed below, each principal use permitted by right within the Planned Office Business (POB) District, as listed under § 450-318B, shall be permitted by right within a mixed-use development located within the POB District, provided that the use, type, dimensional, and all other applicable requirements of this chapter are satisfied.
(d) 
Additional uses permitted by right within all mixed-use developments. Each of the following uses, which are otherwise permitted by special exception within the Penn Avenue Commercial (PAC) District or the Planned Office Business (POB) District, are permitted by right within all mixed-use developments, without the requirement to obtain Zoning Hearing Board approval:
[1] 
Amusement establishment*.
[2] 
Auditorium*.
[3] 
Off-street parking not located on the same lot as the permitted principal use*.
[4] 
Place of worship*.
*
See § 450-324 for additional requirements.
(e) 
Additional uses permitted by right within certain mixed-use developments. Each of the following uses are permitted by right within any mixed-use development that has a tract size of 50 acres or greater:
[1] 
Beverage distributor*.
*
See § 450-324 for additional requirements
(f) 
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in any mixed-use development by special exception by the Board in accordance with the standards contained in § 450-325 of this chapter:
[1] 
The inclusion of drive-through facilities as part of any use that is a permitted use within a mixed-use development.
[2] 
Convenience store that contains fuel pumps*.
[3] 
Micro-brewery, micro-winery or micro-distillery*.
[4] 
Tavern*.
*
See § 450-324 for additional requirements
(g) 
Conditional uses. The following principal uses and their accessory uses may be permitted in any mixed-use development by conditional use by the Board of Supervisors in accordance with the standards contained in § 450-326 of this chapter:
[1] 
Animal hospital*.
[2] 
Garden apartments*,**.
[3] 
Health club*.
[4] 
Hotel*.
[5] 
Personal service establishment*.
[6] 
Restaurant, fast food*.
[7] 
Single family attached dwellings (townhouses)*,**.
[8] 
Single family detached dwellings*.
*
See § 450-324 for additional requirements
**
See § 450-324B(44) for additional requirements for garden apartments and single-family attached dwellings
(h) 
Uses prohibited within a mixed-use development. Despite the following uses being permitted within the Penn Avenue Commercial (PAC) District or the Planned Office Business (POB) District, such uses are prohibited within a mixed-use development:
[1] 
Beverage distributor within a mixed-use development that has a tract size of less than 50 acres.
[2] 
Communication antennae.
[3] 
Forestry.
[4] 
Funeral home.
[5] 
Holiday tree sales.
[6] 
Indoor sports facility.
[7] 
Miniature golf, outdoor.
[8] 
Recreation, non-municipal outdoor.
[9] 
Retail greenhouse/nursery.
[10] 
Temporary retail sales that are not accessory to an existing retail use approved in the mixed-use development.
(i) 
Land use groups. Uses within a mixed-use development are categorized into the following land groups:
[1] 
Group 1 uses: Office, entertainment, institutional and related uses, including:
[a] 
Adult day care.
[b] 
Ambulatory surgical center.
[c] 
Amusement establishment.
[d] 
Animal hospital.
[e] 
Auditorium.
[f] 
Civic or social organization.
[g] 
Conference/training center.
[h] 
Copy center.
[i] 
College, excluding those with dormitories.
[j] 
Community center.
[k] 
Construction co., excluding those that have substantial outdoor storage of equipment or materials.
[l] 
Cultural center.
[m] 
Financial establishment.
[n] 
Health club.
[o] 
Hospital or medical center.
[p] 
Indoor civic or social organization.
[q] 
Medical office or clinic.
[r] 
Membership club.
[s] 
Nursery school or day care.
[t] 
Office.
[u] 
Place of worship.
[v] 
Recreation, non-municipal indoor.
[w] 
Township-owned use.
[x] 
Vocational school.
[2] 
Group 2 Uses: Retail, restaurant, and related uses, including:
[a] 
Art or photography studio.
[b] 
Bakery.
[c] 
Beverage distributor.
[d] 
Catering establishment.
[e] 
Convenience store with or without fuel pumps.
[f] 
Hotel.
[g] 
Micro-brewery, micro-winery or micro-distillery.
[h] 
Personal service establishment.
[i] 
Restaurant, fast food.
[j] 
Restaurant, food stand.
[k] 
Restaurant, standard.
[l] 
Retail store.
[m] 
Tavern.
[3] 
Group 3 uses: Residential, including:
[a] 
Apartments on the upper levels of buildings containing a permitted nonresidential use.
[b] 
Garden apartments.
[c] 
Single-family attached dwellings (townhouses).
[d] 
Single-family detached dwellings.
(j) 
Mixing requirements for land use groups. Mixed-use development shall comply with the following requirements for the relative percentages of land use groups, depending upon the size of the development:
Tract Size
Mixing Requirements (percent of total floor area)
Less than 3 acres
No mixing requirements. Developments may consist of 1 or more uses.
3 acres to less than 5 acres
Mixed-use development shall include at least two of the than 5 acres land use groups listed above, with each of the required groups comprising at least 10% of the development' s building floor area. In addition, Group 2 uses and Group 3 uses shall each not exceed 45% of the development' s building floor area.
5 acres to less than 15 acres
Uses According to Group
Minimum Floor Area
Maximum Floor Area
Group 1 Uses
20%
70%
Group 2 Uses
20%
50%
15 acres to less than 50 acres
Uses According to Group
Minimum Floor Area
Maximum Floor Area
Group 1 Uses
10%
70%
Group 2 Uses
10%
50%
50 acres or greater
Uses According to Group
Minimum Floor Area
Maximum Floor Area
Group 1 Uses
2%
70%
Group 2 Uses
10%
50%
Group 3 Uses
20%
85%
(k) 
Overall development intensity.
[1] 
The maximum overall intensity of a mixed-use development shall be based upon the permitted Floor Area Ratio ( FAR) in accordance with the provisions listed below. FAR is defined as " the square footage of the total building area, divided by the total square footage of the Lot Area or Tract Size". The Total Building Area in this calculation takes into account the number of floors of a building.
[2] 
The Floor Area Ratio (FAR) shall be utilized to determine the total floor area allowed within a development based upon the size of the tract being developed; the higher this number, the more floor area that may be developed. The floor area ratio shall be applied to the entire mixed-use development, not to individual lots within the development. [See examples of FAR calculations in § 450-324B(67)(l).]
[3] 
Any mixed-use development may have a Floor Area Ratio FAR) up to 0. 75. This maximum may be increased by the Township where a mixed-use development qualifies for the bonuses listed below by providing the increased amenities or services specified.
[4] 
The maximum permitted Floor Area Ratio ( FAR) may be increased by the Township to 1.25 if it is determined that a mixed-use development qualifies for such bonus based upon the provision of any of the following:
[a] 
The provision of high quality open space and amenities, which increases the retail viability and attractiveness of the development.
[b] 
A high potential to revitalize adjacent parcels, in particular neighboring commercial areas.
[c] 
A high level of architectural design. This may include diversity of building types and sizes, articulated facades to increase visual interest and conformity to the surrounding community' s character and scale, street level windows with visually prominent framing, variations in roof lines, compatible building materials and colors, and entryway design elements and variations.
[5] 
A mixed-use development that qualifies for the bonuses listed above and also has been determined by the Fire Chief to include significant safety, firefighting, fire prevention or emergency access facilities or features, beyond those that are required by applicable regulations, shall qualify for a maximum Floor Area Ratio (FAR) of 1.75.
(l) 
Examples of floor area ratio (FAR) calculations. These examples are provided solely for the purpose of demonstrating how the FAR calculations should be performed. They are not intended to demonstrate buildings or layouts that are in full compliance with all provisions of the mixed-use development regulations.
Example No. 1
Site Data:
No. of Lots:
1
Lot Area:
21,780 sq. ft. (1/2 acre)
Building Data:
No. of Buildings:
1
No. of Stories:
1
Building Footprint:
13,086 sq. ft.
Building Coverage:
60%
FAR Calculations:
Total Bldg. Area
= 13,086 X (no. of stories)
= 13,086 X (1) = 13,086
FAR
= (13,086/21,780) = 0.60
Example No. 2
Site Data:
No. of Lots:
1
Lot Area:
43,560 sq. ft. (1 acre)
Building Data:
Building A:
No. of Stories
2
Building Footprint:
8,710 sq. ft.
Building B:
No. of Stories
3
Building Footprint:
13,070 sq. ft.
Building Coverage:
50%
FAR Calculations:
Total Bldg. Area
= 8,710 X (2 stories)
+ 13,070 X (3 stories) =
=56,630
FAR
= (56,630/43,560) = 1.30
Example No. 3
Site Data:
Building Data:
No. of Lots:
4
Building A:
Tract Size:
217,800 sq. ft. (5 acres)
No. of Stories:
2
Building Footprint:
15,250 sq. ft.
Building B:
No. of Stories:
5
Building Footprint:
30, 500 sq. ft.
FAR Calculations:
Building C:
Total Bldg. Area:
= 15,250 X (2 stories) +
No. of Stories:
3
30,500 X (5 stories)
Building Footprint:
19,600 sq. ft.
19,600 X (3 stories) +
Building D:
28,300 X (4 stories) =
No. of Stories:
4
= 355,000
Building Footprint:
28,300 sq. ft.
FAR
=(355,000/217,800) = 1.63
Building Coverage:
43%
(m) 
Mixed use dimensional requirements. All Mixed-Use Development shall comply with the following dimensional requirements, where applicable:
Dimensional Requirements for Mixed-Use Developments Within the PAC District
Residential Uses (Garden Apartments and Townhouses)
Nonresidential Uses (With or without Upper Level Apartments
Setbacks along Exterior Tract Boundaries
Front Yd.: 5 feet
Front Yd.: 5 feet
Side Yd.: 10 feet
Side Yd.: 10 feet
Rear Yd.: 25 feet
Rear Yd.: 25 feet
Min. Tract Area
10,000 square feet
10,000 square feet
Min. Tract Width
—
100 feet
Min. Lot Area
2,000 square feet1
10,000 square feet
Min. Lot Width
22 feet1
100 feet
Max. Building Coverage2
60%
60%
Total Impervious Coverage2
75%
75%
Max. Building Height
3 stories3,7 or 40 feet3,4,7
3 stories3,7 or 40 feet3,4,7
Min. Front Yard5
5 feet
5 feet
Min. Side Yard5 (one)
10 feet
10 feet
Min. Rear Yard5
25 feet
25 feet
Building Separation Distances6
30 feet or the distance equivalent to the average height of the 2 buildings, whichever is greater
1
For townhouse units.
2
Maximum building and impervious coverage shall apply to overall mixed-use development, not to individual lots within the development.
3
Zoning Hearing Board may increase number of stories, and the corresponding building height, by special exception [see § 450-324B(67)(n)].
4
Whichever is less.
5
For internal lot lines.
6
Between multiple residential buildings located on the same lot.
7
Where proposed residential or nonresidential buildings, having heights in excess of 3 stories or 40 feet, are located along exterior tract boundaries that adjoin existing residential uses, buffer yards and planting screens complying with the provisions of § 450-405I shall be provided.
Dimensional Requirements for Mixed-Use Developments Within the POB District
Residential Uses
Nonresidential Uses (with or without Upper Level Apartments)
Garden Apartments
Townhouses
Single-Family Detached
Setbacks along exterior tract boundaries
Front Yd.: 50 feet
Front Yd.: 30 feet
Front yd.: 20 feet
Front Yd.: 5 feet
Side Yd.: 75 feet
Side Yd.: 30 feet
Side Yd.: 10 feet
Side Yd.: 10 feet
Rear Yd.: 75 feet
Rear Yd.: 30 feet
Rear Yd.: 20 feet
Rear Yd.: 25 feet
Min. Tract Width
300 feet
—
N/A
100 feet
Min. Lot Area
—
2,000 square feet
6,500 square feet
10,000 square feet
Min. Lot Width
—
18 feet
50 feet
100 feet
Average Lot Width
—
20 feet minimum
—
—
Max. Building Coverage1
50%
50%
45%
60%
Total Impervious Coverage1
70%
70%
65%
75%
Max. Building Height
5 stories2,6 or 60 feet3
3 stories2,6 or 40 feet3
3 stories2,6 or 30 feet
5 stories2,6 or 60 feet3
Min. Front Yard4
5 feet
5 feet
20 feet
50 feet
Min. Side Yard (one)4
10 feet
10 feet
10 feet
20 feet
Min. Rear Yard4
25 feet
25 feet
20 feet
30 feet
Building Separation Distances5
30 feet or the distance equivalent to the average height of the 2 buildings, whichever is greater
20 feet
N/A
30 feet or the distance equivalent to the average height of the 2 buildings, whichever is greater
1
Maximum building and impervious coverage shall apply to overall mixed-use development, not to individual lots within the development.
2
Zoning Hearing Board may increase number of stories, and the corresponding building height, by special exception [see § 450-324B(67)(n)].
3
Whichever is less.
4
For internal lot lines.
5
Between multiple residential buildings located on the same lot.
6
Where proposed residential or nonresidential buildings, having heights in excess of 3 stories or 40 feet, are located along exterior tract boundaries that adjoin existing residential uses, buffer yards and planting screens complying with the provisions of § 450-405I shall be provided.
(n) 
Additional requirements for garden apartments and townhouses. In addition to the provisions in Subsection B(67)(i) above, portions of Mixed-Use Developments containing garden apartments or townhouses shall comply with the following:
[1] 
The maximum length of a building containing garden apartments shall be 160 feet within the PAC District and 250 feet within the POB District.
[2] 
No more than eight townhouse units may be attached in a single row or block of townhouse units, each of which shall be separated by fire-resistance-rated construction. The foregoing notwithstanding, each of the eight townhouse units may be separated into two stacked townhouse dwelling units, separated by both vertical and horizontal fire resistance rated construction, provided further that the row or block of townhouse units may not contain more than a total of 16 stacked townhouse dwelling units (two stacked townhouse dwelling units for each townhouse unit)."
[3] 
In the case of townhouses, no more than 50% of the front yard shall be used for parking.
(o) 
Special exception criteria for additional building stories. The Zoning Hearing Board, in accordance with the procedures listed for special exceptions in Article VIII of this chapter, may increase the number of allowable stories, and the corresponding building height, for buildings within a Mixed-Use Development. The granting of an increase in the number of stories, or building height, does not increase the permitted Floor Area Ratio (FAR) on the development. The Zoning Hearing Board shall consider the following when reviewing an application for such special exception approval:
[1] 
The approval of additional stories shall not adversely affect the character of the general neighborhood, or the health and safety of residents or workers on adjacent properties and in the general neighborhood.
[2] 
Adequate parking facilities to accommodate the additional stories shall be provided.
[3] 
The Township Fire Chief shall determine that the additional building stories shall not present increased safety, firefighting, fire prevention or emergency access concerns.
(p) 
General layout. All Mixed-Use Developments shall comply with the following:
[1] 
The various land uses shall be laid out and spaced to make walking from one land use to any other land use as easy as possible.
[2] 
Retail uses shall be located as physically close to as many of the following on and off-site features as possible: existing retail areas, bus stops, existing collector or arterial streets, and proposed plaza areas.
[3] 
Within a mixed-use development that includes single -use residential buildings ( garden apartments or townhouses), such buildings shall be located so as to provide a transition between any abutting off-site residential zoning districts or uses and any nonresidential uses of higher concentration within the mixed-use development. Such buildings shall not alter the essential character of the neighborhood within which the development is located.
[4] 
Where the Tract Size permits, streets shall be laid out with blocks that include public pedestrian connections through the blocks. Such blocks shall be laid out so that there shall be a street intersection or pedestrian connection, at a minimum, every 300 feet.
[5] 
Mixed-use developments shall be designed to support existing or future public transportation service through the provision of bus shelters and roads and access drives designed to accommodate bus traffic.
(q) 
Standards for approval of a mixed-use development. To assure that the intent and requirements of a mixed-use development are complied with, the following shall be addressed in the application for a Mixed-Use Development.
[1] 
Site plan. A Site Plan is required. See § 450-409.
[2] 
Relationship to surroundings. The applicant shall show how the development will be coordinated with access and utilities of other existing or proposed developments in the vicinity.
[3] 
Open space and landscaping. The application shall include an overall plan of open spaces and landscaping. The plan shall be implemented through a series of deed restrictions on each lot.
[4] 
Coordinated access. Any Mixed-Use Development shall make the absolute maximum use possible of the interior streets and access drives, as opposed to numerous driveways entering onto existing public streets. Where applicable, deed restrictions shall be placed on any individual lots that are created, to require access to the interior street system only.
[5] 
Easements for access. The Board of Supervisors may, at the time of approval of a subdivision or land development within a Mixed-Use Development, require a lot or tract to provide an easement, stub street extension and/or street right-of-way extension for vehicular traffic to adjoining tracts to allow an efficient interior access system.
[6] 
Shared parking. Where shared or common parking areas are proposed to serve multiple buildings, uses or lots, evidence of continued availability and maintenance responsibility, in the form of written agreements, deed restrictions or covenants, shall be provided and, upon approval, shall be recorded in the Berks County Recorder of Deeds Office.
[7] 
Traffic impact study. When the proposed development would meet the criteria for a traffic study specified in Chapter 400, Subdivision and Land Development, or when determined necessary by the Township Engineer, an application for a Mixed-Use Development shall include a Traffic Impact Study addressing the anticipated impact of the proposed development.
[8] 
Staged construction. If development is to occur in progressive stages, each stage shall be planned and occur so that the purposes and requirements of this chapter, including the provision of open space, are fully complied with at the completion of each stage. Each stage shall be shown on the plan. For developments with total project areas greater than 15 acres, the initial stage shall encompass a minimum of 40% of the Total Building Area. The initial stage shall not consist of a single use group, but shall contain components of each required use group. In no case shall the staging of the project result in an interim condition having construction of more than 50% of the total proposed residential units, without including construction of buildings for the other required use groups.
[9] 
Information on covenants.
[a] 
A Mixed-Use Development shall include a reasonable set of deed restrictions or covenants imposed by the developer on each lot. These covenants shall cover types of uses, maintenance of lots and open space, shared parking and commercial operations, with a proper means for enforcement. The covenants shall also be written to carry out the purposes and requirements of a mixed-use development.
[b] 
A mixed-use development shall be in single ownership, under a unified management control or subject to a Master Planned Community Association. Deed restrictions or covenants shall ensure compliance with this requirement.
[c] 
Where lots within a mixed-use development would not separately comply with all provisions of this Chapter if considered as individual, stand- alone lots, deed restrictions or covenants shall stipulate that the lot shall remain part of the Mixed-Use Development and shall conform to the provisions of the Mixed - Use Development regulations and all applicable deed restrictions or covenants.
[d] 
The language of these covenants shall be presented to the Township before a Mixed-Use Development is approved.
[10] 
Sewer and water. All lots and/or uses within a mixed-use development shall be provided with public sewer and water services.
(r) 
Exemptions from certain compliance and performance standards. When a permitted use is located within a mixed-use development:
[1] 
Any specific setback requirements listed for that use, other than those included in the provisions of Subsection B(67)(m) above, shall apply only to the exterior boundary of the Mixed-Use Development, and not to any interior lot lines.
[2] 
Any specific lot area requirements listed for that use, other than those included in the provisions of Subsection B(67)(m) above, shall apply only to the total area of the Mixed-Use Development, not to an individual lot located within the Mixed-Use Development.
[3] 
Any requirement that such use be located on a lot abutting and having direct vehicular access onto an arterial or collector street shall be deemed met if the Mixed-Use Development abuts and has direct access to such a street.
[4] 
Where the Board of Supervisors previously approved a mixed-use development plan ("Approved Plan") on a tract of land that is 50 acres or greater in accordance with the requirements of the then applicable Zoning Ordinance, the Approved Plan may be further divided into separate smaller lots, parcels or tracts of land, each representing a specific category of use (i.e., retail, apartment, hotel, townhouse, single family, and/or municipal), that may be leased, purchased, sold and/ or mortgaged, without the imposition of external setback requirements between the new internal boundaries created by the division of the Approved Plan into smaller lots, parcels or tracts of land, provided the distance between the structures is not decreased from what was shown on the Approved Plan.
(s) 
Building design standards for mixed-use developments.
[1] 
Buildings containing nonresidential uses and located within the Penn Avenue Commercial ( PAC) District shall have a maximum building footprint of 25, 000 sq. ft., except where the Board has granted a special exception permitting a modification to the maximum building footprint in accordance with the provisions of Article VIII of this chapter. In reviewing an application for such special exception, the Board shall give consideration to the same issues listed for additional building floors under Subsection B(67)(n) above.
[2] 
An architecturally designed facade is a facade designed by an architect licensed in the Commonwealth of Pennsylvania, that is substantially similar to the front facade of the structure, and is consistent with the facades of other structures in the neighborhood, as approved in writing by the Board of Supervisors prior to issuance of building permits.
[3] 
Where all facades of a building have been architecturally designed, front facades of buildings may be oriented toward existing or proposed streets or parking lots, with a main entrance in the front facade. Buildings with multiple front facades shall have entrances along each facade
[4] 
All primary building entrances shall be accentuated with accents such as recessions, protrusions, canopies, porticos or overhangs.
[5] 
Loading doors, service doors, and loading docks shall not be located along any facade facing a street.
[6] 
Blank walls shall not be permitted along any wall facing a street. Walls in these locations shall be provided with a minimum of 35% window area, with windows interspersed along the facade, except where all facades of a building have been architecturally designed.
[7] 
Ground floor facades of retail, restaurant or related uses facing a street shall comprise a minimum of 50% clear window area, with windows providing views of display areas or the inside of the building, except where all facades of a building have been architecturally designed. Smoked, reflective or black glass in windows is prohibited.
[8] 
Walls or portions of walls where windows are not provided shall have architectural treatments designed to reduce the uniform appearance and to provide visual interest.
[9] 
Rear and side facades shall have colors and materials that are similar to the front facade and shall blend with structures in the development.
[10] 
Building ridgelines or roof planes facing a street, parking area or walking area, shall be interrupted by architectural features at least once every 100 feet. Buildings shall use parapets or mansard roof styles to conceal flat roofs and roof top equipment.
(t) 
Parking design standards for mixed-use developments.
[1] 
Parking within a mixed-use development shall be in accordance with the provisions of Article VII of this chapter, except that the minimum number of parking spaces provided for Garden Apartments located within a mixed-use development having a tract size greater than 50 acres, shall be 1. 65 spaces per unit.
[2] 
Where residential parking is adjacent to, or in close proximity of, parking spaces intended to serve a nonresidential use, the spaces intended to serve the residences shall be reserved and physically identified as such, to the satisfaction of the Township.
[3] 
Applicants for a mixed-use development shall make good faith efforts to locate parking lots to the rear or side of principal buildings. Wherever parking lots are proposed to be located between a building and a street, a buffer yard and planting screen in accordance with the provisions of § 450-405I(3) shall be provided. This planting screen shall not be required within any required clear sight triangle or wherever vehicular sight distance is required. pertaining to planting screens or fences within buffer yards. Chain-link fence is prohibited for such use.
[4] 
Parking lots visible from a street shall be continuously screened by a three-foot high wall, fence or hedge. With the exception of the height requirement, such fence or hedge shall otherwise comply with the provisions of § 450-405I(3) pertaining to planting screens or fences within buffer yards. Chain- link fence is prohibited for such use.
[5] 
Each lot created within a mixed-use development shall provide cross-access easements for its parking areas and access drives guaranteeing access to adjacent lots within the development.
[6] 
Within a mixed use development of 50 acres or greater the minimum separation distance between an accessory building/structure and a street, driveway or parking area shall be not less than five feet.
(u) 
Provisions of Penn Avenue Overlay District (PAO). Mixed-use developments located within the PAC District shall be entitled to the supplemental provisions under § 450-315, Penn Avenue Overlay District (PAO), including those for parking relief and parking space size.
(v) 
Pedestrian Design Standards for Mixed-Use Developments.
[1] 
Sidewalks with a minimum width of eight feet are required along all street frontages with retail, restaurant and related uses. Sidewalks with a minimum width of six feet are required along all street frontages with other uses. All other sidewalks available for use by the public shall have a minimum width of four feet.
[2] 
Sidewalks are required to connect the street frontage to all front building entrances, parking areas, plazas and any other destination that would generate pedestrian traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points and bus stops.
(w) 
Sidewalk displays of retail merchandise.
[1] 
Sidewalk displays of retail merchandise are permitted along the fronts of retail stores within a Mixed-Use Development.
[2] 
The display area shall not obstruct the use of any egress door or aisle, access lane or standpipe.
[3] 
Sidewalk displays of retail merchandise are permitted only at times that the retail store is open for business. All retail merchandise and display equipment, accessories or appurtenances must be removed from the sidewalk at times that the retail store is closed.
[4] 
Within the Penn Avenue Commercial District (PAC), sidewalk displays of retail merchandise may encroach into public street right-of-way and/or public sidewalk area, subject to the following regulations:
[a] 
No encroachment into the public street cartway or driving surface, or layout of merchandise or display equipment which causes pedestrians or customers to walk within the street cartway, shall be permitted.
[b] 
Display areas shall provide not less than five contiguous feet of sidewalk clear of obstructions to allow unimpeded pedestrian traffic. Display areas shall be arranged to permit a smooth alignment of the pedestrian sidewalk across several properties and shall not cause abrupt turns or angles. At street corner intersections, the display area shall comply with all ADA requirements and shall not obstruct the clear sight distance for vehicles nor be located within required clear sight triangles.
[c] 
Any encroachment of a display area into a public street right-of-way requires Township approval, which shall include an indemnification. Prior to placing any items associated with the use upon any public sidewalk, the Township will inspect the condition of the sidewalk to its conformance to Township specifications.
[d] 
The licensee of the sidewalk display is responsible for keeping the premises clean at all times, including the public sidewalk and other furnishings of the sidewalk display. At no time may trash or debris of any kind be blown, swept or otherwise deposited onto the street or sidewalk.
(x) 
Open Space and Plaza Design Standards for Mixed-Use Developments.
[1] 
Required open space shall only consist of Plazas, Central Greens, trails, Greenways, Pedestrian Malls, promenades, picnic areas, and other similar types of usable public space.
[2] 
Required open space areas shall be designed as focal points within the development and shall make public access as easy and straightforward as possible.
[3] 
Required open space shall not contain stormwater detention basins, unless such facilities are designed with permanent pools of water and are provided with specific amenities, such as fountains or waterfalls, to enhance the aesthetics of the open space.
[4] 
Plazas shall meet the following requirements:
[a] 
A Mixed-Use Development shall provide one square foot of Plaza area for 40 square feet of gross building floor area; however, developments with less than 25,000 square feet of gross floor area are not required to provide plaza area.
[b] 
Individual plazas shall be no smaller than 2,500 square feet.
[c] 
Plazas shall be surrounded on all sides by either streets or front facades of buildings.
[d] 
At least 25% of the plaza area shall be landscaped with trees, shrubs and mixed plantings with year-round interest.
[e] 
Plazas shall be centrally located within the mixed-use development and easily accessible from residential and nonresidential buildings.
[f] 
A plaza shall not be used for parking, loading or vehicular access.
(y) 
Lighting standards for mixed-use developments.
[1] 
Adequate lighting for pedestrians and vehicles shall be provided in all areas open to the public.
[2] 
Lighting shall comply with the requirements of § 450-513 of this chapter.
[3] 
Lighting for buildings, accessways and parking areas shall be arranged so as not to reflect toward public streets and not to cause any annoyance to building occupants or surrounding property owners or residents.
[4] 
Lighting for pedestrian walkways and trails shall be designed at a pedestrian scale.
(z) 
Outdoor dining. Outdoor dining areas shall comply with the requirements of § 450-324B(87) of this chapter.
(aa) 
Signs. Signs within a mixed-use development shall comply with the all applicable provisions of Article VI of this chapter.
(68) 
Multiple use building.
(a) 
Unless otherwise permitted in this chapter, uses permitted under this category shall be only those that are either permitted by right or by condition with the Zoning District where this chapter permits a multiple-use building.
(b) 
The minimum lot area and width for a multiple-use building shall comply with the minimum requirements for a nonresidential building within that Zoning District. In the event that a larger lot area or width is required under § 450-324B for any of the specific uses within a multiple-use building, the greater requirement shall apply. In addition, 5,000 square feet of additional lot area shall be provided for each specific use beyond the first use.
(c) 
If any of the proposed uses are permitted by Condition, approval of the combined uses must follow the same approval procedure required for the specific use.
(d) 
Each use must comply with the specific provision for that use list in this chapter.
(e) 
In addition to the uses permitted by right, by special exception or by condition, a multiple use building within the Penn Avenue Mixed Use District, the Penn Avenue Commercial District or the Planned Office/Business District may include residential dwelling units on the upper levels of buildings, but only where the total floor area of such dwellings does not exceed 50% of the gross floor area of the total building.
(f) 
Except for within the Penn Avenue Mixed Use District, the Penn Avenue Commercial District or the Planned Office/Business District, where a residential use is proposed within a multiple use building, only one dwelling unit shall be permitted per building.
(g) 
Each separate use within a multiple use building shall be required to apply for separate zoning and occupancy permits, through the appropriate required processes.
(h) 
Off-street parking requirements of Article VII shall be met; including the requirement that the number of parking spaces required shall be the sum of the parking requirements for each separate use, except where the Township has approved a parking reduction or a lower number of parking spaces in a shared parking facility.
(69) 
Nursery school or day-care center.
(a) 
The nursery school or day-care center shall be located and operated in a manner that reduces or eliminates potential hazards to the children being cared for at the facility. It shall be the responsibility of the owner to demonstrate, to the satisfaction of the Township, full compliance with this provision.
(b) 
No outdoor activity area shall be closer than 30 feet to any lot line.
(c) 
There shall be a minimum of 30 square feet of floor space and two 250 cubic feet of air space per child in the indoor activity area, exclusive of offices, sanitary facilities, storage spaces and other auxiliary rooms.
(d) 
There shall be a minimum of 65 square feet of space per child in the outdoor activity area, which area shall be free of hazards and properly fenced.
(e) 
Off-street parking spaces. Parking shall comply with the requirements of Article VII of this chapter.
(f) 
The use shall comply with any applicable County, State and Federal regulations.
(g) 
There shall be a one acre minimum lot size.
(h) 
There shall be an adequate drop-off area with a minimum of two spaces and located so that vehicles transporting children shall not back up onto a public street.
(70) 
Off-street parking not located on the same lot as the permitted use.
(a) 
These provisions shall apply to parking lots that provide off-street parking for a single use, or for common parking lots that provide off-street parking for more than one building, property or use.
(b) 
Within the Urban District, this use shall be permitted only in the area between the boundary of the PMU District and Noble Street. This shall include the area which is located to the west of Cecil Avenue and to the south of a westerly extension of the Noble Street center line.
(c) 
A lot containing such a parking lot shall be exempt from the minimum lot area and width requirements for the district within which it is located, unless it contains any building other than an attendant's shelter.
(d) 
If used to comply with off-street parking requirements for a permitted principal use on a different lot, shall be located within 300 feet of building containing the principal use being served.
(e) 
Shall comply with the applicable provisions of Article VII, Off-Street Parking and Loading, of this chapter.
(71) 
Off-track betting parlor.
(a) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(b) 
Buildings shall be located a minimum of 100 feet from any exterior lot line bordering an existing nonresidential use or from any existing street right-of-way.
(c) 
Buildings shall be located a minimum of 150 feet from any exterior lot line bordering an existing residential use.
(d) 
New off-track better parlors shall not be located within 1,000 feet of the boundaries of a property upon which an existing off-track better parlor is located.
(e) 
No more than one off-track better parlor shall be located within a single building.
(f) 
The applicant shall demonstrate that the proposed use shall not be detrimental to the use of adjoining properties.
(g) 
Off-street parking shall be provided in accordance with the provisions of Article VII.
(h) 
All off-track betting parlors shall comply with all applicable federal and state regulations, including Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to Nonprimary Locations, as defined therein.
(72) 
Open air retail.
(a) 
An open air retail facility shall be permitted only within the Planned Business and Residential (PBR) District.
(b) 
A minimum lot area of at least one acre shall be required for an open air retail facility.
(c) 
An open air retail facility may be located inside or outside of a building, or may be a combination of the two.
(d) 
Each vendor shall be provided with a minimum area of 400 square feet to allow for the display of items for sale and to provide a parking space for the vendor's vehicle without disturbing adjacent vendors. The vendor spaces shall be improved to a mud-free condition.
(e) 
The vendor spaces shall not be permitted within the front, side or rear yards as defined for the district in which the open air retail facility is located.
(f) 
Outdoor stands shall be portable, shall be maintained in good condition and shall be removed during days when items are not being offered for sale.
(g) 
Parking shall be in accordance with the provisions of Article VII.
(h) 
When an open air retail facility is located on a parking lot servicing another permitted use, the vendor spaces and associated parking spaces shall not reduce the number of parking spaces required for the other use below the minimum required by this chapter.
(73) 
Open air retail sales of agricultural products.
(a) 
An open air retail sales of agricultural products may take place inside or outside of a building, or may be a combination of the two.
(b) 
A minimum lot area of at least one acre shall be required for open air retail sales of agricultural products.
(c) 
The building or area where products are displayed or sold shall be at least 50 feet from an intersection and shall be at least 20 feet from the cartway.
(d) 
Parking shall be provided in compliance with the provisions of Article VII.
(e) 
When the open air retail sales of agricultural products operation, or a portion thereof, takes place within a building, it shall comply with all requirements listed for a retail store.
(74) 
Open space development. Shall comply with the requirements of § 450-901 (Appendix A).
(75) 
Personal service. If the use includes a laundromat or a laundry and dry cleaning shop it shall be provided with centralized sewage disposal facilities and centralized water supply facilities.
(76) 
Pet grooming establishment. Such use shall not include overnight boarding of animals, veterinary services or animal obedience training.
(77) 
Picnic grove. See "Recreation, Non-municipal Outdoor."
(78) 
Planned business development. Shall comply with the provisions for such use listed under § 450-316.
(79) 
Planned Residential Development (PRD).
(a) 
All applicable provisions of Chapter 307, Planned Residential Development, shall be met.
(b) 
All requirements of this chapter and Chapter 400, Subdivision and Land Development, that are not specifically waived or replaced by the Chapter 307, Planned Residential Development, shall apply.
(c) 
The Chapter 307, Planned Residential Development, as amended, shall be considered as part of this chapter.
(80) 
Prisons or penitentiaries.
(a) 
The use shall comply with applicable federal, state and local regulations and requirements, including fire protection standards.
(b) 
No such use shall be located within 1,000 feet of the boundary of any residential district or the property boundary line of any existing principally residential use, public or private school, nursery school or day-care center, place of worship, playground or public recreation facility or another adult business use.
(c) 
A thirty-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 450-405I.
(81) 
Private airport or airstrip.
(a) 
The use shall comply with all applicable Federal and State regulations and requirements.
(b) 
Areas used for landings, takeoffs and ground circulation shall be located at least 1,000 feet away from adjacent property lines.
(82) 
Public utility facility. If the use is not exempt from this chapter under the State Municipalities Planning Code, the applicant shall prove to the satisfaction of the Board that the use will be compatible with any adjacent residential uses or adjacent residential district.
(83) 
Racetracks, automobile or horse, with related wagering.
(a) 
Shall be on a lot abutting an arterial street or collector street (as defined on the official street classification map).
(b) 
Shall have a lot area of at least 50 acres.
(c) 
Such use shall have centralized sewer and water.
(d) 
Such use shall be fully enclosed within a fence a minimum of six feet in height with gates. Gates shall be securely locked except during an event.
(e) 
The lot on which an automobile or horse racetrack is located shall be at least 1,000 feet from the boundary of a lot on which an existing dwelling, a school, a nursery school or day-care center, a playground or public recreation facility, a place of worship, or another automobile or horse racetrack is located and from the boundary of a residential district.
(f) 
Shall provide for efficient functioning of the proposed use amid its surroundings without creating undue adverse impacts.
(g) 
Shall meet all of the performance standards of Article V. The applicant shall submit appropriate information demonstrating how compliance will be ensured.
(h) 
The use shall be completely surrounded by a sixty-foot wide buffer yard, complete with planting screen, in accordance with the provisions of § 450-405.
(i) 
The applicant shall demonstrate to the satisfaction of the Board of Supervisors that access to the site shall not cause traffic backup onto adjoining public streets during peak entrance and exit periods. This shall require special attention to, and description of, the on-site stacking volumes caused by ticket or parking booth locations and the number, location, and times of traffic control personnel posting.
(j) 
The applicant shall describe methods of fire protection, policing and security that demonstrate that adequate fire and police protection is available to serve the proposed use. The applicant shall also demonstrate that adequate fire protection and security measures shall be employed on the site to ensure public safety during and after conduct to the proposed use.
(k) 
All horse racetracks, with related wagering shall comply with the applicable Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations.
(l) 
Any area where race vehicle engines will be run, warmed up or tested shall be set back a minimum of 1,000 feet from all lot lines of any existing dwelling.
(m) 
No outdoor storage of unlicensed vehicles, vehicle parts, lubricants and fuels, or other material or equipment used in the servicing of motor vehicles shall be permitted.
(84) 
Recreation, non-municipal indoor.
(a) 
The proposed used shall not adversely affect the adjoining properties.
(b) 
Buildings shall be located a minimum of 50 feet from any exterior lot line bordering an existing nonresidential use or from any existing street right-of-way.
(c) 
Buildings shall be located a minimum of 100 feet from any exterior lot line bordering an existing residential use.
(d) 
Any component of the indoor non-municipal recreation use for which there are specific additional requirements within this section shall also comply with those additional requirements.
(e) 
Such use located within the RHA or RC District shall not have a gross floor area in excess of 40,000 square feet.
(f) 
Such use located within the RS, LDS, MDS, SS, U or PMU District shall not have a gross floor area in excess of 20,000 square feet, unless it is proposed for re-use of an existing building.
(g) 
All such uses shall comply with all applicable government regulations, specifically State fire safety regulations.
(h) 
The proposed use shall not include a restaurant unless a restaurant is also a permitted use within that district. The appropriate requirements for restaurants listed under this section shall apply.
(i) 
Off-street parking shall be provided as required by the combination of elements comprising the non-municipal indoor recreation.
(85) 
Recreation, non-municipal outdoor.
(a) 
The proposed use shall not adversely affect the adjoining properties.
(b) 
No lot area shall be less than five acres.
(c) 
All buildings shall be set back a minimum of 100 feet from any exterior property line.
(d) 
Maximum building coverage shall be 10%.
(e) 
Maximum paved area shall be 15%.
(f) 
Minimum lot width shall be 200 feet.
(g) 
All other area and bulk regulations of the applicable zoning district shall apply.
(h) 
Any component of the outdoor non-municipal recreation use for which there are specific additional requirements within this section shall also comply with those additional requirements.
(i) 
Any component of the use for which there are specific additional requirements within this section shall also comply with those additional requirements.
(j) 
The proposed use shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(k) 
All outdoor illumination shall comply with the requirements of § 450-513. No lighting shall be permitted that is brighter than necessary for security purposes except during recreation events.
(l) 
The proposed use shall not include a restaurant unless a restaurant is also a permitted use within that district. The appropriate requirements for restaurants listed under this section shall apply.
(86) 
Recycling facility. Shall comply with the regulations for light industrial use.
(87) 
Restaurants, standard.
(a) 
Shall not include any drive-through facilities.
(b) 
Shall comply with all applicable local, state and federal requirements. Where such requirements conflict, the more restrictive requirement shall be met.
(c) 
Off-street parking shall be provided in accordance with the provisions of Article VII. Required off-street parking shall take into account any outdoor dining area.
(d) 
May include the sale of alcoholic beverages; however, the total sale of food shall exceed the total sale of alcoholic beverages.
(e) 
A standard restaurant shall be considered a Micro-Brewery, Micro-Winery or Micro-Distillery if it conforms to the definition of that use and special exception approval has been granted for such use. In such case, the use shall also comply with all additional requirements listed for such use within this chapter.
(f) 
Unless located within the Penn Avenue Overlay District, any waste dumpster shall be screened from view of adjacent streets, dwellings and residential districts and shall be located a minimum of 150 feet from the boundary of any residential lot and from any residential district and 100 feet from the boundary of any nonresidential lot.
(g) 
Within the Penn Avenue Overlay District, wherever the above dumpster setbacks cannot be met due to lot size or configuration, the Zoning Officer may accept a lesser setback. In such cases the applicant shall be required to demonstrate that the proposed location is the optimal location on the site, and is properly screened from adjoining properties.
(h) 
Shall provide landscaping and an all-season groundcover on all areas not covered by buildings, structures, parking areas or access drives.
(i) 
Shall provide a visual planting screen, in accordance with § 450-405I when adjacent to residential properties.
(j) 
May include outdoor dining areas subject to the following regulations:
[1] 
No outdoor food storage, busing station, open outdoor trash receptacle or permanent outdoor food preparation shall be permitted.
[2] 
The dining area shall not obstruct the use of any egress door or aisle, access lane or standpipe.
[3] 
Outdoor dining is permitted between the hours of 7:00 a.m. and 11:00 p.m. only.
[4] 
Sound amplification systems are prohibited.
[5] 
Alcoholic beverage service, properly licensed by the Commonwealth of Pennsylvania, is permitted only in conjunction with the service of food.
[6] 
No service of food or beverages is permitted to unseated patrons.
[7] 
Where deemed necessary by the Township, safety barriers, approved by the Township Codes/Zoning Department and the Township Fire Marshal, shall be placed around the perimeter of the outdoor dining area.
(k) 
Within the Penn Avenue Overlay District, outdoor dining areas may encroach into public street right-of-way and/or public sidewalk area, subject to the following regulations:
[1] 
Outdoor dining areas shall provide not less than five contiguous feet of sidewalk clear of obstructions to allow unimpeded pedestrian traffic. Dining areas shall be arranged to permit a smooth alignment of the pedestrian sidewalk across several properties and shall not cause abrupt turns or angles. At street corner intersections the outdoor dining area shall comply with all ADA requirements and shall not obstruct the clear sight distance for vehicles.
[2] 
Any encroachment of an outdoor dining area into a public street right-of-way requires a permit from the Township, which shall include an indemnification. Where the public street is a state road, approval from the Pennsylvania Department of Transportation is required. Prior to placing any furnishings, enclosures or other items associated with the use upon any public sidewalk, the Township will inspect the condition of the sidewalk to its conformance to Township specifications.
[3] 
All furnishings, planters, railings or enclosures associated with outdoor dining must be approved by Township Codes Department and must be properly weighted to prevent movement.
[4] 
Furniture, planters, railings and fences must be removed from the right-of-way and stored indoors when outdoor dining is not in seasonal operation.
[5] 
No carpet, rug, artificial turf, platforms or other change in elevation from the surface of the sidewalk, of any kind, shall be permitted.
[6] 
The operator of an outdoor dining area and his or her employees shall not be permitted to remove, destroy, deface or otherwise alter any sign, notice, curb, storm inlet, or other public device or improvement.
[7] 
Except emergency repairs or other emergency activities, the operator of such outdoor dining area shall be required to cease the operation when notified by the Township.
[8] 
The licensee of the outdoor dining is responsible for keeping the premises clean at all times, including the public sidewalk and other furnishings of the outdoor dining. At no time may trash or debris of any kind be blown, swept or otherwise deposited onto the street or sidewalk.
(88) 
Retail store:
(a) 
If such use will be on a lot with its own driveway(s) onto a collector or arterial street, the lot shall have a minimum area of one acre, although such lot may include other permitted uses.
(b) 
The applicant shall prove to the satisfaction of the Board of Supervisors that any outdoor lighting will be placed such that it shall not create a glare on any surrounding properties and shall not create a significant nuisance to existing and future dwellings.
(c) 
Any drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(d) 
Any retail store located within the Planned Office Business District shall have a floor area greater than 50,000 square feet only when it has direct vehicular access to an arterial street and when conditional use approval for a retail store of that size has been granted by the Board of Supervisors.
(e) 
Any retail store having a floor area greater than 50,000 square feet shall comply with the following guidelines:
[1] 
Facades shall be articulated to reduce the massive scale and the uniform, impersonal appearance and to provide visual interest that will be consistent with the community's character and scale. Developments with facades over 100 feet in linear length shall incorporate wall projections or recesses a minimum of three feet in depth and a minimum of 20 contiguous feet in length within each 100 feet of facade length and shall extend over 20% of the facade. Stores shall use animating features such as arcades, display windows, entry areas, or awnings along at least 60% of the facade.
[2] 
When retail stores having floor areas greater than 50,000 square feet are attached to smaller, separately operated stores or similar uses, such as within a shopping center, the street level facade of such smaller stores or similar uses shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60% of the building facade of such buildings. Windows shall be recessed and shall include visually prominent sills, shutters, or other such forms of framing.
[3] 
Buildings should have architectural features and patterns that provide visual interest at the scale of the pedestrian, reduce massive effects, and recognize local character. Building facades shall include a repeating pattern that shall include one or more of the following elements: (1) color change, (2) texture change, (3) material module change, or (4) expression of architectural or structural bay through a change in plane of no less than 12 inches in width, such as an offset, reveal or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
[4] 
Variations in roof lines should be used to add interest to, and reduce the massive scale of large buildings. Roof lines shall be varied with a change in height every 100 linear feet in the building length. Parapets, mansard roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view.
[5] 
Exterior building materials and colors should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods. Predominant exterior building materials shall be high quality materials and shall include, without limitation: (1) brick, (2) wood, (3) sandstone or other native stone, (4) tinted, texture, concrete masonry units, and/or (5) stucco. Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
[6] 
Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. Each building shall have clearly defined, highly visible customer entrances featuring no less than three of the following: canopies or porticos, overhangs, recesses/projections, arcades, raised corniced parapets over the door, peaked roof forms, arches, outdoor patios, display windows, architectural details such as tile work and moldings integrated into the building structure and design, or integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
(89) 
Retirement community:
(a) 
The principal use within the retirement community shall be living units for the elderly, including Single-Family Detached Dwellings, Single-Family Attached Dwellings (townhouses) or Garden Apartments. In addition, common facilities required to support the needs of persons living within the community, including the elderly and disabled persons regardless of age, shall be provided. Such common facilities may include the following:
[1] 
Dining facilities including kitchens and accessory facilities for residents and their guests.
[2] 
Social rooms, chapels, meeting rooms and overnight guest rooms for guests of residents.
[3] 
Health care facilities, including, but not limited to, clinic, rehabilitation services, nursing care, convalescent care, intermediate care, extended care, personal care, laboratory and such other similar facilities required to provide the health care needs of the residents of the community.
[4] 
Administrative offices used in the management of the community and health care facilities.
[5] 
Activity, craft and hobby shops, recreation facilities, gift shops, personal service facilities and similar type uses, exclusively for the residents and their guests.
[6] 
Accessory buildings and uses customarily incidental to the above uses.
(b) 
All retirement communities shall comply with the following requirements:
[1] 
The minimum tract size shall be 20 acres.
[2] 
The minimum building setback from all street rights-of-way and tract boundaries shall be 50 feet.
[3] 
The minimum lot width at the minimum building setback line shall be 300 feet.
[4] 
Distances between buildings shall be in accordance with § 450-324B(44)(d)[4].
[5] 
The minimum setback for parking areas and access drives from lot lines or ultimate street rights-of-way shall be 30 feet.
[6] 
The maximum dwelling units per gross acre shall not exceed 10.
[7] 
The minimum usable open space (not including driveway areas) devoted solely to recreational uses and activities shall be 30% of the tract.
[8] 
The maximum building height shall not exceed 2 1/2 stories or 35 feet, whichever is less.
[9] 
The maximum building coverage shall not exceed 30%.
[10] 
The maximum impervious coverage shall not exceed 50%.
NOTE
i
Minimum width of a townhouse dwelling unit is 22 feet per unit.
ii
Applies to end building only.
iii
Applies only to parking lots and joint parking areas, not to separate parking areas for individual townhouses.
iv
Usable open space shall not include front, side and/or rear yards of an individual townhouse or garden apartment.
v
Whichever is less.
NOTE: See § 450-327C of this chapter for special standards relating to storage sheds and other accessory uses, buildings and structures.
(c) 
Notwithstanding the provisions of the above requirements, the following shall also apply:
[1] 
No more than six townhouse dwelling units shall be attached.
[2] 
The developer should vary architectural treatments within apartment projects, individual apartments and between dwelling units in a townhouse development. Variations may include those of exterior elevation, building setbacks, provision of balconies, architectural details, pitch of roof, exterior materials or use of color. Variety and flexibility in design layout and arrangement of buildings, parking areas, services, recreation areas, common open space and planting that fully considers the particular physical characteristics of the site and natural amenities is highly desired.
[3] 
A system for pedestrian circulation throughout the development shall be provided. Paved walkways, having a minimum width of four feet, shall be provided for access between buildings and common parking areas, open space and recreation areas and other community facilities. Such paved walkways shall comply with all relevant ADA requirements.
(d) 
Usable open space devoted to recreational use as herein required shall be designed for use by tenants or owners of the development and shall be improved and equipped by the developer in accordance with plans submitted to and approved by the Planning Commission.
(e) 
Garden apartment buildings shall not exceed 160 feet in length.
(f) 
In the event a development is designed to contain more than one permitted use, the submitted plan shall indicate an area designed for each such use and shall designate all requirements of this chapter for each area.
(g) 
Each retirement community shall be built as a single entity and shall be retained in single ownership. Fee simple sale of lots shall be prohibited. All common facilities to provide for the needs of the residents of the community shall remain in a single ownership.
(h) 
Requirements for off-street parking areas shall be as follows:
[1] 
The minimum number of parking space provided shall be in accordance with the provisions § 450-701.
[2] 
All access drives and parking areas shall be at least 15 feet from any building on the lot and from exterior lot lines.
[3] 
All parking areas shall be designed in accordance with requirements of § 450-703.
[4] 
Access drives and driveways shall be designed in accordance with the requirements of § 450-704.
[5] 
All parking areas that include 20 or more spaces shall be separated from view of any public street and directly abutting single-family detached residence by a buffer yard as described in § 450-405I, but with a width of 10 feet. A planting plan specifying type, size and location of existing and proposed planting material shall be submitted with the application for approval.
[6] 
No more than 15 contiguous spaces shall be permitted in any continuous row without interruption by landscaping.
[7] 
No more than 60 parking spaces shall be accommodated in any single parking area.
[8] 
No more than two interconnected parking areas shall be permitted without having direct access to a public street or a private street meeting Township street standards.
[9] 
The total length of any single or combined parking area shall not exceed 500 feet. The length shall be measured from the center line of the public or private street providing access to the furthest point of the parking area.
[10] 
In the case of townhouses, no more than 50% of the required front yard shall be used for parking.
[11] 
Parking may be provided on the lot, as carports, as an integral part of the townhouse or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintaining snow removal and repairs.
(i) 
The developer shall install a storm runoff and drainage system in accordance with acceptable engineering practices so as to adequately drain the project site, to adequately dispose of all runoff and drainage away from the project site, at a rate no greater than existed prior to development. Plans for such drainage system shall be submitted and shall be subject to approval by the Township Engineer.
(j) 
All provisions of existing Township ordinances and subdivision and land development ordinances regarding storm drainage shall be complied with.
(k) 
Exterior lighting shall be provided for all buildings, accessways and parking areas and shall be so arranged as not to reflect toward public streets and not to cause any annoyance to building occupants or surrounding property owners or residents. All lighting shall comply with the provisions of § 450-513.
(l) 
Exterior storage areas for trash and rubbish shall be visually screened on three sides and contained in airtight, vermin-proof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.
(m) 
Each multiple dwelling unit shall be provided with a minimum of 250 cubic feet of lockable storage area in an enclosed room which is not part of the dwelling unit.
(n) 
No area for such facilities shall exceed more than 1/2 the floor area of any single floor.
(o) 
Swimming pool.
[1] 
No structure shall be permitted without a filtering system utilizing chlorinated water.
[2] 
No structure shall be permitted unless a permanent continuous fence complying with all requirements of the applicable building code surrounds the facilities.
[3] 
No structure shall be within 50 feet of any property line or easement.
[4] 
No structure shall be constructed between the building setback line and the street line.
[5] 
No structure shall be permitted unless surrounded by a paved surface extending a minimum of five feet from the water line.
[6] 
Lighting shall not create a glare on any surrounding properties.
[7] 
No persons other than residents and their guests shall be permitted to use the facility.
[8] 
One parking space for each three dwelling units shall be provided in addition to the residential requirements.
(p) 
Outdoor recreation.
[1] 
Such facilities shall be limited to tennis courts, which are completely surrounded by a fence 10 feet in height, barbecue or other cookout facilities constructed of permanent material, yards which are completely landscaped, garden areas for tenant use, playlots, provided that facilities located in this area are surrounded by fencing at least four feet in height, with benches for adults; facilities for such games as shuffleboard or basketball, provided that a paved surface is provided and that such facilities are located at least 50 feet from any building.
[2] 
All outdoor recreational facilities, except yards and garden areas shall not be located within 15 feet of any lot line.
[3] 
No outdoor facilities, except yards, shall be located between the building setback line and the street line.
(q) 
No outdoor clotheslines shall be located in any required side yard, rear yard or between the building setback line and the street line with permanent metal poles for support.
(r) 
No activities shall be permitted which create a public nuisance and/or interfere with the use of adjacent land.
(s) 
No structure or building shall be permitted specifically designed for pets.
(t) 
A Retirement community shall be deemed to be a subdivision governed by the provisions and procedures of Chapter 400, Subdivision and Land Development, and the procedures established in said ordinance for approval shall be followed.
(90) 
Sale of mulch and landscape materials.
(a) 
Sale of mulch and landscape materials may take place inside or outside of a building, or may be a combination of the two.
(b) 
The building or area where products are displayed or sold shall be at least 50 feet from an intersection and shall be at least 20 feet from the cartway.
(c) 
When the sale of mulch and landscape materials, or a portion thereof, takes place within a building, it shall comply with all requirements listed for a retail store.
(91) 
School, public, private or vocational.
(a) 
Shall be located along a collector or arterial street.
(b) 
The use may include accessory uses such as offices, day-care facilities, cafeterias, recreation and entertainment facilities, or other uses that are customarily incidental to a school. All such uses shall be primarily utilized by the students enrolled in the school.
(c) 
Any Student "drop-off" and "pick-up" areas shall be arranged so that:
[1] 
Students do not need to cross traffic lanes on or adjacent to the site, and
[2] 
Vehicles transporting students shall not back up onto a public street.
(d) 
No vocational school shall be allowed in a primarily residential district.
(92) 
Self-storage facility.
(a) 
Structures containing storage units shall be limited to one story and shall not exceed 12 feet in height.
(b) 
Each individual storage unit shall abut a paved access drive.
(c) 
Access drives shall be at least 15 feet wide.
(d) 
No storage outside of individual units shall be permitted, except for approved vehicle storage areas.
(e) 
No storage of unlicensed vehicles shall be permitted.
(f) 
Self-storage facilities hours of operation will be limited to the hours of 7:00 a.m. to 10:00 p.m.
(g) 
A security fence at least six feet high shall surround a self-storage facility, and access through such fence shall be by way of an automatic gate, security guard, or similar means. A buffer yard including a planting screen shall be provided when a self-storage facility abuts an existing residential use or a residential district and shall be in accordance with the standards for such, as contained in this chapter. Lighting shall be in accordance with the provisions of § 450-513.
(h) 
The use of individual storage units shall be restricted to household goods and business equipment, supplies, and records. No storage of perishable items or hazardous, explosive, or highly flammable materials, or materials that emit noxious odors shall be permitted. Storage units shall not be used as areas for rehearsals by musical groups.
(i) 
A self-storage facility may include an office/residence for an on-site manager/care taker as part of the principal use. This building shall not be used solely as a residence, but must serve, in part, as an office for the self-storage facility. The building shall be occupied as a dwelling by only manager/care taker and his family.
(j) 
The individual structures comprising a self-storage facility are exempt from the requirements of § 450-402B regarding two or more principal buildings on a lot.
(93) 
Semidetached commercial building.
(a) 
Prohibited uses. The following uses are prohibited from being established as a principal use, accessory use or home occupation on one side of a semidetached commercial building when a residential use exists on the other side:
[1] 
Ambulatory surgical center.
[2] 
Animal hospital.
[3] 
Beverage distributor.
[4] 
College, excluding those with dormitories.
[5] 
Combination of uses permitted by right.
[6] 
Food stand.
[7] 
Forestry, including, but not limited to, timber harvesting.
[8] 
Funeral home.
[9] 
Health club.
[10] 
Holiday tree sales.
[11] 
Indoor civic or social organization.
[12] 
Indoor membership club or lodge.
[13] 
Multiple use building.
[14] 
Nursery school or day-care center.
[15] 
Pet grooming establishment.
[16] 
Recreation, non-municipal indoor.
[17] 
Recreation, municipal.
[18] 
Restaurant, fast food.
[19] 
Restaurant, standard.
[20] 
Retail greenhouse/nursery.
[21] 
Tavern.
[22] 
Temporary retail sales.
[23] 
Any use requiring special exception approval.
(b) 
All activities shall be performed within the building.
(c) 
Each use must comply with the specific provisions listed for that use in this chapter.
(d) 
The applicant shall prove to the satisfaction of the Township that any outdoor lighting will be placed such that it will not create a significant nuisance to existing and future dwellings.
(e) 
The use shall comply with the noise standards of § 450-511.
(f) 
Operating hours. A nonresidential use located on one side of a semidetached commercial building where a residential use exists on the other side shall not operate earlier than 7:00 a.m., prevailing time, nor later than 10:00 p.m., prevailing time.
(g) 
Waste container location. The applicant shall be required to demonstrate that any proposed waste container location is the optimal location on the site, and is properly screened from adjoining properties.
(94) 
Shopping centers.
(a) 
Shopping centers shall be in single ownership or under a guaranteed unified management control. Shopping centers shall consist of harmonious selection of uses and groupings of buildings, service and parking areas, circulation and open space and shall be subject to the following provisions.
(b) 
Permitted principal uses:
[1] 
Stores for the sale of goods at retail or the performance of customary services clearly incidental to retail sales.
[2] 
Personal service establishments.
[3] 
Offices.
[4] 
Financial establishment.
[5] 
Vocational schools.
[6] 
Restaurants, or similar places serving food and/or beverages.
[7] 
Medical offices.
[8] 
Art or photography studio.
[9] 
Health club.
[10] 
Recreation, non-municipal indoor.
[11] 
Pet grooming establishment.
[12] 
Parking areas for transient motor vehicles, but not for the storage of new or used motor vehicles for lease or sale.
(c) 
Permitted accessory uses. Located on the same lot with the permitted principal use.
[1] 
Only the accessory uses associated with a commercial district shall be permitted provided they are limited to the same lot as the principal uses.
(d) 
Uses permitted only by special exception:
[1] 
Gasoline service stations.
[2] 
Drive-in establishments.
[3] 
New or used automobile or trailer sales and repair.
[4] 
Amusement establishments.
[5] 
Convenience stores.
[6] 
Motion-picture theater; however, shall not include an adult mini-motion-picture theater or an adult theater.
[7] 
Off-track betting parlors.
[8] 
Taverns.
(e) 
Area and bulk regulations:
[1] 
Lot size. The area for development shall be a minimum of three acres.
[2] 
The maximum size of a shopping center within a Planned Business Development within the PHI District shall be 10 acres.
[3] 
Building coverage. 25% maximum.
[4] 
Maximum building height. Unless a greater height is permitted in the district within which it is located, a shopping center shall have a maximum building height of two stories or 35 feet, whichever is less.
[5] 
Front yard. Sixty feet minimum.
[6] 
Side yards. Forty feet minimum each side.
[7] 
Rear yard. Forty feet minimum.
(f) 
Off-street parking setback. Parking shall be permitted in the areas required for front, side and rear yard setbacks up to a point of 25 feet from any front, side or rear lot line of the shopping center. All parking areas shall be suitably paved with permanent hard-surface coverings.
(g) 
Any drive-through facilities shall comply with § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(h) 
Buildings of a shopping center shall be located a minimum of 200 feet from the lot line of any existing principally residential use and from the boundary of any residential district.
(i) 
Shopping centers located within the Planned Office Business District shall not contain any retail stores having floor areas greater than 50,000 square feet, unless there is direct vehicular access to an arterial street and the Board of Supervisors has granted conditional use approval for a store of that size.
(j) 
Shopping centers containing retail stores or other uses with buildings having floor areas greater than 50,000 square feet shall comply with the provisions for such buildings listed under the regulations for retail stores in this section.
(k) 
Access and traffic controls. All means of ingress or egress from the shopping center to any public street or State highway shall be located at least 200 feet from any other intersecting street or streets and shall be designed to conduct traffic in a safe manner. The developer shall be responsible for the purchase and erection of additional acceleration or deceleration lanes as may be required by the Pennsylvania Department of Transportation or by the Township. The applicant shall prove to the satisfaction of the governing body that the shopping center will include the most reasonable coordinated system of traffic access that is possible and that left-hand turns onto arterial streets will be minimized and carefully controlled.
(l) 
Interior circulation. Interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site. The applicant shall demonstrate to the Township's satisfaction that the layout of the shopping center, as well as the interior traffic circulation patterns, shall be such that internal traffic congestion, vehicle conflicts and vehicle operator confusion shall be avoided. All routes of internal traffic circulation shall be clearly marked with appropriate signage to properly direct traffic throughout the shopping center and to exits. Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of shops for rubbish collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with interior circulation and parking facilities. The layout of the parking lots and interior circulation shall be such that customers shall not be required to walk across streets, interior accessways or drives to travel between the parked vehicles and the uses on the site.
(m) 
Lighting. Lighting for buildings, signs, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause any annoyance to surrounding property owners or residents. Lighting shall comply with the provisions of § 450-513.
(n) 
Shopping cart storage. Establishments furnishing shopping cars or mobile baskets shall provide definite areas on the site for the storage of said carts. Storage areas shall be clearly marked and designated for the storage of shopping carts and/or mobile baskets.
(o) 
Screening and buffer yard. All lot lines abutting residential districts (in Spring or an adjoining municipality) shall be screened by a buffer yard as described in § 450-405I.
(p) 
Storage of trash or rubbish. Storage areas for trash and rubbish shall be completely screened and all organic rubbish shall be contained in airtight, vermin-proof containers. No such storage area shall be permitted within any required buffer yard.
(q) 
Signs. Signs shall conform to Article VI of this chapter.
(r) 
Entrance Signs.
[1] 
In addition to the signs permitted under Article VI of this chapter, a shopping center shall be permitted to have entrance signs listing the businesses located within the shopping center, in accordance with the following:
[a] 
Shopping centers with an approved land area greater than 10.0 acres shall be permitted a freestanding entrance sign up to a maximum height of 35 feet, and 160 square feet of sign area.
[b] 
Shopping centers with an approved land area of 10.0 acres or less shall be permitted a freestanding entrance sign up to a maximum height of 25 feet, and 100 square feet sign area.
[c] 
A shopping center may have one freestanding entrance sign per street frontage greater than 300 feet in width that contains an approved primary access drive for two way traffic.
(s) 
Subdivision process. A proposed shopping center shall be deemed to be a subdivision governed by the provisions of Chapter 400, Subdivision and Land Development.
(t) 
Off-street parking. Off-street parking shall be provided in accordance with the requirements of Article VII. Where restaurants or other similar uses requiring a greater intensity of parking spaces are proposed, the shopping center layout shall be such that the number of off-street parking spaces provided immediately adjacent to the restaurant or similar use shall comply with the individual requirements for that use as set forth in Table 7.1. This requirement will not cause an increase to the total number of off-street parking spaces required within the shopping center as a whole.
(u) 
Overnight parking. The use shall not include overnight parking of vehicles by patrons, employees, vendors or others except for such time periods as customers, employees or vendors are actually doing business at or in one of the stores or other facilities.
(v) 
Individual uses within a shopping center, such as retail stores, offices, restaurants, service stations, automobile sales and convenience stores, shall also comply with the provisions listed for that individual use within this section.
(w) 
All activities, with the exception of parking and loading facilities, shall be performed within a building.
(x) 
Tenant list. Prior to January 1st of each year, the owner of a shopping center shall provide the Township with a list of the tenants within the shopping center complete with up to date contact information.
(95) 
Single-family detached dwelling.
(a) 
Such use located within the RHA District and not within an open space development, shall:
[1] 
Be a use permitted by right only where it is located on a parent tract of less than 20 acres in area and no more than four dwelling units are proposed on the parent tract.
[2] 
Be a conditional use where it is located on a parent tract equal to or greater than 20 acres in area, or where more than four dwelling units are proposed on the parent tract.
(b) 
Such use located within the RC or PHT District, and not within an open space development, shall:
[1] 
Be a use permitted by right only where it is located on a parent tract of less than 10 acres in area and no more than four dwelling units are proposed on the parent tract.
[2] 
Be a conditional use where it is located on a parent tract equal to or greater than 10 acres in area, or where more than four dwelling units are proposed on the parent tract.
(c) 
Such use located within the RS District shall:
[1] 
Result in no more than four dwelling units on a parent tract unless they are located within an open space development.
[2] 
Where not located within an open space development, be a use permitted by right only where it is located on a parent tract of less than 10 acres in area.
[3] 
Where not located within an open space development, be a conditional use where it is located on a parent tract equal to or greater than 10 acres.
(d) 
Such use located within the POB District shall:
[1] 
Be within a development with a minimum tract size of one acre, but such tract may include lots with the minimum permitted lot area.
[2] 
The applicant shall prove to the satisfaction of the governing body that any residential use will be laid out and located such that it will be compatible with the uses and traffic patterns of any existing or future adjacent business development within the POB District.
(96) 
Single-family detached dwelling in combination with a commercial activity:
(a) 
In addition to the minimum lot area requirements of the Zoning District within which the use is located, an additional 5,000 square feet is required.
(b) 
Each principal use shall be located within a separate building complying with all provisions of this chapter including the provisions of § 450-402B regarding two or more principal buildings on a lot.
(c) 
The uses permitted under this category shall be only a single-family detached dwelling and a commercial use permitted by right or by condition within the Zoning District where this chapter permits a single-family detached dwelling in combination with a commercial activity.
(d) 
If the proposed commercial activity is permitted by Condition, approval of the combined uses must follow the same approval procedure specified for the specific use.
(e) 
Each use must comply with the specific provision for that use list in this chapter.
(f) 
Off-street parking requirements of Article VII shall be met; including the requirement that the number of parking spaces required shall be the sum of the parking requirements for each separate use, except where the Township has approved a parking reduction or a lower number of parking spaces in a shared parking facility.
(97) 
Single-family to multifamily conversion. Shall comply with all applicable requirements for multifamily dwellings (single-family attached dwellings or garden apartments).
(98) 
Slaughtering, Processing, Rendering, and Packaging of Food Products and Their By-Products.
(a) 
Shall be on a lot abutting an arterial or collector street (as defined by the official street classification map);
(b) 
All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely-enclosed building;
(c) 
All live animals held outside shall be within secure holding pens or runways, sufficiently large to adequately accommodate all animals, and not located within the front yard;
(d) 
The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented;
(e) 
All animal wastes shall be regularly cleaned up and properly disposed of, so as not to be objectionable at the site's property line;
(f) 
The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals;
(g) 
The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels;
(h) 
The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.;
(i) 
No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor 500 feet of any adjoining residential property or residential district;
(j) 
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot wide landscape strip;
(k) 
The applicant shall furnish written evidence that PA DEP-approved systems for wastewater disposal and water supply will be utilized;
(l) 
Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations;
(m) 
All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours;
(n) 
The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, State and Federal standards and regulations;
(99) 
Small communications facilities. The following regulations shall apply to all Small Communications Facilities:
(a) 
Purposes and findings of fact. See § 450-324B(29)(a), above.
(b) 
Definitions. See § 450-324B(29)(b), above.
(c) 
Permit required. The installation, construction and operation of a Small Communications Facility shall require a building permit from the Township.
(d) 
Location and development standards.
[1] 
Small Communications Facilities are permitted by right in all Zoning Districts, both inside and outside the Public Street ROW pursuant to this zoning ordinance, so long as they comply with all of the terms and conditions of this Zoning Ordinance.
[2] 
All Small Communications Facilities shall comply with the Americans with Disabilities Act guidelines adopted by the Township and all applicable requirements of the Code of Ordinance, including but not limited to those relating to streets and sidewalks as established by Chapter 394, Streets and Sidewalks, of the Code of the Township of Spring.
(e) 
Collocation and siting.
[1] 
An application for a Small Communications Facility requiring the installation of a new Wireless Support Structure shall demonstrate that the proposed Antenna and Related Equipment cannot be collocated or accommodated on an existing Wireless Support Structure. The Code Enforcement Officer may deny an application to construct a new Small Communications Facility if the Applicant has not made a good faith effort to mount the Small Communications Facility on an existing Wireless Support Structure. The Applicant shall demonstrate that it contacted the owners of existing structures within a 1/4 of a mile radius of the site proposed, sought permission to install a Communications Facility on those structures, buildings, and towers and was denied for one of the following reasons:
[a] 
The proposed antenna and Related Equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[b] 
The proposed antenna and Related Equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
[c] 
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[d] 
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
[2] 
If the Applicant's analysis shows that multiple feasible Collocation opportunities exist in the proposed coverage area, the Code Enforcement Officer shall have the right to direct the Applicant to install its Small Communications Facility at the site most preferred by the Township.
(f) 
Prohibited on certain structures. No Small Communications Facility shall be located on Single-Family Detached Dwellings, Two-Family Semidetached Dwellings, Two-Family Detached Dwellings, Single-Family Attached Dwellings, Garden Apartments or other residential structure.
(g) 
Standard of care. Any Small Communications Facility shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the National Electrical Safety Code, National Electrical Code, the structural standards of the American Association of State Highway and Transportation Officials, or to any other industry standard applicable to the structure. Any Communications Facility shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any Person or damage any property in the Township.
(h) 
Gap in coverage or capacity. An Applicant for a Small Communications Facility must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of Small Communications Facility being proposed is the least intrusive means by which to fill that gap.
(i) 
Wind and ice. All Small Communications Facilities shall be designed to withstand the effects of wind gusts of at least 100 miles per hour and ice in addition to the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the Wireless Support Structure.
(j) 
Historic properties. Small Communications Facilities may not be located upon any property, building, or structure, or within 100 feet of such property, building or structure, that is listed on the National or Pennsylvania Registers of Historic Places, identified by the Berks County Conservancy its successors or assigns, included in the list of historic buildings in the Township's Comprehensive Plan, or that is deemed by the Township to be of specific historical significance.
(k) 
Interference. Small Communications Facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties in violation of federal rules.
(l) 
Radio frequency emissions. A Small Communications Facility shall not, by itself or in conjunction with other Communications Facilities, generate radiofrequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The Applicant shall provide certification of the Small Communications Facility's compliance with the RF emissions standards and regulations of the FCC to the Code Enforcement Officer as part of a complete application.
(m) 
Time, place and manner. The Township or its authorized designee shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Small Communications Facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(n) 
Location. Small Communications Facilities and Related Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township or its designee. No Related Equipment shall be placed on the ground within the public ROW. All Related Equipment shall be attached to the Wireless Support Structure at a height that will not interfere with pedestrian or vehicular traffic or parking.
(o) 
Minimum setbacks and separation from structures. The minimum distance between the base of a Small Communications Facility, located outside the Public Street ROW and requiring the installation of a new or replacement Wireless Support Structure, and any adjoining property line, street right-of-way line or any principal structure shall be equal to 100% of the height of the Small Communications Facility. The Township or its designee may waive compliance with this requirement upon showing by the Applicant that a lesser setback will have no negative effect on public safety.
(p) 
Graffiti. Any graffiti on the Small Communications Facility or on any Related Equipment shall be removed at the sole expense of the owner within 30 days of notification to the owner of the Small Communications Facility by the Code Enforcement Officer.
(q) 
Design standards. All Small Communications Facilities shall be designed to meet the requirements of the Township "Small Communications Facility Design Manual," which Design Manual shall be adopted by, and may be revised from time to time by Resolution of the Township. A copy of which is kept on file at the Township Code Enforcement Office.
(r) 
Timing of approval.
[1] 
Within 10 calendar days of the date that an application for a Small Communications Facility is filed with the Code Enforcement Officer, the Code Enforcement Officer shall notify the Applicant in writing of any information that may be required to complete such application.
[2] 
Within 60 days of receipt of an application for Collocation of a Small Communications Facility on a preexisting Wireless Support Structure, and subject to applicable tolling, the Code Enforcement Officer shall make a final decision on whether to approve the application and shall notify the Applicant in writing of such decision.
[3] 
Within 90 days of receipt of an application for a Small Communications Facility requiring the installation of a new Wireless Support Structure, and subject to applicable tolling, the Code Enforcement Officer shall make a final decision on whether to approve the application and shall notify the Applicant in writing of such decision.
(s) 
Removal. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a Small Communications Facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Small Communications Facility when the Township, consistent with its police powers, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1] 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[2] 
The operations of the Township or other governmental entity in the Right-of-Way;
[3] 
Vacation of a street or road or the release of a utility easement; or
[4] 
An emergency as determined by the Township.
(t) 
Insurance. Each person that owns or operates a Small Communications Facility shall provide the Township with a certificate of insurance, naming the Township as an additional insured, and evidencing general liability coverage in the minimum amount of $3,000,000 per occurrence and property damage coverage in the minimum amount of $3,000,000 per occurrence covering the Small Communications Facility.
(u) 
Indemnification. Each Person that owns or operates a Small Communications Facility shall, at its sole cost and expense, agree to indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for Personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the Small Communications Facility. Each Person that owns or operates a Small Communications Facility shall defend any actions or proceedings against the Township in which it is claimed that Personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a Small Communications Facility. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(v) 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a Small Communications Facility, as well as inspection, monitoring, and all other related costs. Such permit fees may be amended by resolution from time to time.
(w) 
Reimbursement for ROW use. In addition to permit fees as described in this section, every Small Communications Facility in the Public Street ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the Public Street ROW. Such compensation for Public Street ROW use shall be directly related to the Township's actual Public Street ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other Public Street ROW management activities by the Township. The owner of each Small Communications Facility shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees may be amended by resolution from time to time.
(100) 
Solid waste disposal area or facility.
(a) 
All solid waste disposal areas or facilities shall be fully permitted by the PADEP, the U.S. EPA, and such other Federal or State Agencies as required under applicable enabling statutes.
(b) 
All proposed solid waste disposal areas or facilities shall submit the following information for the site:
[1] 
A description of the specific types of waste the applicant proposes to accept for storage, treatment, processing or disposal at the site.
[2] 
A description of the specific technology and procedures the applicant proposes to treat, process and dispose of at the facility.
[3] 
Preliminary specifications and architectural drawings of the proposed facility.
[4] 
An approved site or land development plan.
[5] 
A statement of qualifications to operate a waste disposal facility.
[6] 
A complete compliance history for any and all facilities owned and/or operated by the Applicant, any parent, subsidiary or cooperative owner/operator of waste treatment, processing or disposal facilities, as per PADEP Form HW-C, Compliance History and Instructions.
[7] 
Any and all information supplied to the PADEP or the U.S. EPA regarding the proposed site and/or facility.
[8] 
The names and addresses of any person, corporation or partnership having any financial interest in the construction, permitting, operation or closure of such facility.
[9] 
All insurance policies, closure accounts and/or documents relating to self-insurance for the subject application.
[10] 
A proposed siting agreement specifying the terms, conditions and provisions under which the facility shall be constructed, maintained and operated, including but not limited to the following terms, conditions and provisions:
[a] 
Facility Construction and Maintenance Procedures.
[b] 
Operating procedures and practices, the design of the facility and its associated activities.
[c] 
Monitoring procedures, practices and standards necessary to assure and continue to demonstrate that the facility will be operated safely.
[d] 
Provisions to prevent migration of waste from the site onto adjoining properties and streets.
[e] 
Provision to assure health, safety, comfort, convenience and social and economic security of the residents and businesses in the Township.
[f] 
Provision to assure the continuing economic viability of the project.
[g] 
Provision to assure the protection of environmental and natural resources.
[h] 
Provision to provide landowners, residents, occupants, businesses and industries for adverse economic impacts demonstrably attributable to the facility.
[i] 
Provision to compensate the Township, the County and/or other agencies for the review costs incurred due to the applicant's proposal.
[j] 
Provision to provide site access to any and all Township, County, State, Federal employees and/or their consultants regarding review of the proposal or the site.
(101) 
Stable or riding academy, commercial.
(a) 
This includes the keeping of horses or similar animals for use by other than a single household.
(b) 
The use shall be conducted on a lot no smaller than five acres in size.
(c) 
The use shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(d) 
New barns, training areas, animal shelters, stables, feed yards or manure storage areas shall not be located closer than 500 feet from all dwellings except the dwelling of the owner or lessee, or from all residential lots. Manure storage areas shall comply with the applicable provisions listed under General Agriculture in § 450-324B(3).
(e) 
New barns, training areas, animal shelters, stables, feed yards or manure storage areas and additions to existing barns shall not be located closer than 150 feet from all exterior property lines.
(f) 
Outdoor illumination shall comply with the provisions of § 450-513.
(g) 
All outdoor training, show, riding, boarding, and pasture areas shall be enclosed by a fence with a minimum height of four feet.
(102) 
Stadium.
(a) 
The use shall comply with the requirements for Recreation, Nonpublic Outdoor listed in this section.
(b) 
Any booths, structures or activities related to the collection of admission and/or parking fees shall located and/or preformed so that backups of vehicles onto public streets shall be prevented.
(c) 
All outdoor illumination shall comply with the requirements of § 450-513. No lighting shall be permitted that is brighter than necessary for security purposes except during recreation events.
(103) 
Swimming club (outdoor).
(a) 
All outdoor pools shall be entirely enclosed with a good quality chain-link or equivalent fence of not less than six feet in height.
(b) 
Outdoor facilities shall meet the same requirements as are listed for Recreation, Non-Municipal Outdoor under § 450-324B, with the exception of the minimum lot area, which shall be three acres.
(c) 
All buildings shall be set back a minimum of 100 feet from any exterior property line.
(104) 
Tavern or nightclub.
(a) 
Shall comply with all applicable local, state or federal requirements, particularly State fire safety regulations. Where such requirements conflict, the more restrictive requirement shall be met.
(b) 
A tavern shall be considered a Micro-Brewery, Micro-Winery or Micro-Distillery if it conforms to the definition of that use and special exception use approval has been granted for such use. In such case, the use shall also comply with all additional requirements listed for such use within this chapter.
(c) 
Unless located within the Penn Avenue Overlay District, any waste dumpster shall be screened from view of adjacent streets, dwellings and residential districts and shall be located a minimum of 150 feet from the boundary of any residential lot and from any residential district and 100 feet from the boundary of any nonresidential lot.
(d) 
Within the Penn Avenue Overlay District, wherever the above dumpster setbacks cannot be met due to lot size or configuration, the Zoning Officer may accept a lesser setback. In such cases the applicant shall be required to demonstrate that the proposed location is the optimal location on the site, and is properly screened from adjoining properties.
(e) 
Shall provide landscaping and an all-season groundcover on all areas not covered by buildings, structures, parking areas or access drives.
(f) 
Shall provide a visual planting screen, in accordance with § 450-405I when adjacent to residential properties.
(g) 
The proposed used shall not adversely affect the adjoining properties.
(h) 
Unless located within the Penn Avenue Overlay District, buildings shall be located a minimum of 100 feet from any exterior lot line bordering an existing nonresidential use or from any existing street right-of-way. Within the Penn Avenue Overlay District such minimum distance shall be 50 feet.
(i) 
Unless located within the Penn Avenue Overlay District, buildings shall be located a minimum of 150 feet from any exterior lot line bordering an existing residential use. Within the Penn Avenue Overlay District such minimum distance shall be 75 feet.
(j) 
Shall comply with the parking provisions of Article VII. Required off-street parking shall take into account any outdoor service area.
(k) 
Shall comply with the Noise Control provisions of § 450-511 and the Nuisance provision of § 450-502.
(l) 
Taverns may include outdoor seating areas, subject to the provisions listed for outdoor dining areas under the standard restaurant regulations. Such outdoor seating areas shall not encroach into public street rights-of-way and/or public sidewalk areas.
(105) 
Taxi, limousine service or bus terminal.
(a) 
Shall be on a lot abutting an arterial or collector street (as defined on the official street classification map).
(b) 
May include facilities for the maintenance and repair of the vehicles utilized in the use.
(c) 
Bus terminals shall provide an area for the loading and unloading of buses separate from required off-street parking areas.
(d) 
Bus terminals may include ticket offices, luggage checking facilities and similar facilities as accessory uses.
(106) 
Temporary retail sales.
(a) 
There may be five Temporary Retail Sales events per year per lot.
(b) 
Only one Temporary Retail Sales event may take place on a lot at any given time.
(c) 
Temporary Retail Sales events must obtain a Temporary Sales Permit. Permit will be valid for a maximum of 10 consecutive days.
(d) 
No more than 10% of the required parking area for the existing uses on the lot may be used for Temporary Retail Sales.
(e) 
Temporary Retail Sales areas shall have a maximum sales area of 800 square feet with a maximum width of 20 feet and a maximum depth of 40 feet.
(f) 
Temporary Retail Sales hours of operation shall be limited to the hours of 7:00 a.m. to 10:00 p.m.
(g) 
Temporary Retail Sales areas are limited to designated parking areas on the lot. In the event that the lot contains no existing parking facilities, a designated area containing a minimum of six off-street parking spaces shall be provided in accordance with the requirements of Article VII of this chapter.
(h) 
Temporary Retail Sales shall not disrupt the daily operations of the principal business located on the lot.
(i) 
No Temporary Retail Sales shall be located within any designated clear sight triangle.
(j) 
No Temporary Retail Sales shall adversely impact the health, safety, and welfare of the Township.
(k) 
Signage must comply with the provisions of this chapter. No signage may be displayed until a Temporary Sales Permit is obtained.
(l) 
All Temporary Retail Sales shall comply with the applicable building, fire, and electrical codes of the Township.
(107) 
Tennis clubs (outdoor).
(a) 
Outdoor facilities shall meet the same requirements as are listed for Recreation, Non-municipal Outdoor under § 450-324B, with the exception of the minimum lot area.
(b) 
No lot area for an outdoor tennis club shall be less than three acres.
(108) 
Timber harvesting.
(a) 
These provisions shall apply when timber harvesting or forestry is the principal use on a property, when it is a secondary operation to another principal use and when it is associated with a subdivision or land development of the property.
(b) 
Timber harvesting or forestry shall be performed only in accordance with a Forest Management Plan or a Forest Stewardship Plan prepared by a forester.
(c) 
The applicant shall submit the following plans and reports to the Township at least 60 days prior to the scheduled start of the timber harvesting operations.
[1] 
The Forest Management Plan or Forest Stewardship Plan addressing ecological considerations, forest health, soil and water resources, flora and fauna resources, non-timber forest products, silviculture/timber management, and infrastructure.
[2] 
A Tree Inventory Report prepared by a qualified horticulturist, forester, arborist, or landscape architect addressing tree species and sizes, tree identification numbers, diameter at breast height (DBH, typically 4.5 feet from the ground), tree height, distance to dripline, direction of low or unusual branching, tree condition, suitability for preservation and maintenance recommendations.
[3] 
An Erosion and Sediment Pollution Control Plan (E&SPC Plan) utilizing Best Management Practices (BMPs) designed to prevent erosion and sedimentation during and after the timber harvesting operations. Evidence that the E&SPC Plan has been approved by the Berks County Conservation District and/or the PADEP shall be submitted prior to the start of the timber harvest.
(d) 
The Forest Management Plan or Forest Stewardship Plan shall contain, at a minimum, provisions addressing the following:
[1] 
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
[2] 
Design, construction and maintenance of surface water control features and structures such as culverts, broad-based dips, filter strips, water bars and BMPs. Compliance with all applicable State, County and local provisions for erosion and sediment pollution control must be demonstrated;
[3] 
Design, construction and maintenance of stream and wetland crossings, demonstrating compliance with the provisions of § 450-517, Wetland buffers, and § 450-518, Riparian buffers.
[4] 
The general location of the proposed operation in relation to Township and State roads, including any points of access to those roads;
(e) 
The Forest Management Plan or Forest Stewardship Plan shall be accompanied by a drawing containing, at a minimum, the following information:
[1] 
Site location and boundaries, including both the boundary on which the timber harvest will take place, and the boundaries of the proposed harvest area within that property;
[2] 
Significant topographical features, including those related to potential environmental problems;
[3] 
Location of all earth disturbance activities such as roads, landings, and surface water control measures and structures;
[4] 
Locations of all crossings of waters of the Commonwealth;
[5] 
The general location of the proposed operation to Township and State roads, including any points of access to those roads.
(f) 
Any State approval required as a result of the proposed timbering operations, including, but not limited to, stream or wetland encroachments, must be demonstrated prior to the start of the timber harvest. Any permits required by State laws and regulations shall be attached to and become part of the Forest Management Plan or Forest Stewardship Plan.
(g) 
Routes using Township roads shall be approved by the Board of Supervisors. The Board of Supervisors shall also set the maximum gross weight permissible on Township roads.
(h) 
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation, to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages. No mud or debris shall remain on public roads.
(i) 
Hours during which harvesting can occur are subject to Board of Supervisors approval.
(j) 
The Zoning Officer, or other party designated by the Board of Supervisors, shall be the enforcement officer for this section. The Zoning Officer, or other designated party, may enter upon the site of any timber harvesting operation before, during, or after the operations, to confirm compliance with the Forest Management Plan or Forest Stewardship Plan, and compliance with the provisions of this chapter.
(k) 
No more than 30% of the existing forest land on any lot may be harvested in any calendar year.
(l) 
The use of diameter-based cutting methods are not permitted unless fully justified by the forester preparing the Plan. Diameter-based cutting methods include, but are not limited to: Diameter Limit Cut and High Grading.
(m) 
Clear-cutting is only permitted when the Forestry Bureau's reservation guidelines are followed and is fully justified by the forester preparing the Plan as the timber harvest method necessary to improve a forest or stand that contains defective, decayed, diseased or dying trees.
(n) 
All cutting, removal, skidding and transporting of trees shall be planned and performed in such a manner as to minimize the disturbance of other trees and vegetation.
(o) 
Roads, trails and landing/staging areas shall be constructed, maintained and abandoned in such a manner as to prevent soil erosion and damage to Watercourses.
(p) 
Stream crossings shall be avoided, but where deemed necessary, crossings shall be made at a right angle and shall incorporate appropriate culverts or bridges. Skidding across a live or intermittent stream is prohibited except by suitable bridges and culverts.
(q) 
Buffer zones of 50 feet, within which no timber harvesting operations shall take place, shall be maintained along all streets and abutting properties.
(r) 
Felling or skidding across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding across streets is prohibited.
(s) 
No tops or slash shall be left within 50 feet of any public street right-of-way or adjoining property, within 25 feet of any stream or historic or scenic trail; or within 10 feet of any drainage ditch or Identified Floodplain Area.
(t) 
During periods of abnormal forest fire danger, as determined by the State Fire Marshal, the Township shall have the right to order a suspension of all timber harvesting operations until the danger subsides.
(u) 
Timber harvesting and tree removal shall comply with all other applicable provisions of this chapter, including, but not limited to, wetland buffers and riparian buffers.
(v) 
When timber harvesting and tree removal is in association with a subdivision or land development:
[1] 
The reports and supplemental information required by this section shall be used to determine that most appropriate layout of the development with consideration given to trees to be preserved and the species, size and location of replacement tree planting.
[2] 
Timber harvesting shall not take place prior to approval of the Final Plan of the subdivision or land development.
[3] 
The Erosion and Sediment pollution Control Plan may be incorporated into the overall E&SPC Plan for the development, provided that all requirements of this section are met.
[4] 
Timber harvesting shall only be one of the following methods:
(w) 
Improvement cutting,
(x) 
Salvage cutting,
(y) 
Single tree selection method, or
(z) 
Other methods, except diameter limit cut, high grading and clear cutting, may be permitted by the Township when fully justified by the forester preparing the plan.
[1] 
Trees included in the Tree Inventory Report within the area of proposed development i.e., within proposed street right-of-way, sanitary sewer, water line, storm sewer easements and initial building site locations that were considered suitable for preservation with a Suitability for Preservation rating of Excellent, Good or Fair and were harvested or removed for development shall be replaced with trees of the same species or an alternate species approved by the Township Planning Commission at the rate of one-half inch replacement diameter per one inch diameter of harvested or removed trees. Replacement trees shall have a minimum diameter at breast height (dbh) of 2.5 inches.
[2] 
Trees included in the Tree Inventory Report that are outside of the proposed development area and considered suitable for preservation with a Suitability for Preservation rating of Excellent, Good or Fair and were harvested shall be replaced in accordance with the Forest Management Plan or Forest Stewardship Plan submitted as part of the timber harvest.
[3] 
The replacement trees shall be in addition to any required street trees, buffer screens, and landscaping trees and shall be located within the development area.
[4] 
The subdivision or land development plan shall include a Tree Preservation Plan including any trees scheduled for preservation and measures necessary to ensure their preservation including but not limited to the construction of retaining walls, no fill/cut zones, no construction traffic or stockpile of material zones, and maintenance recommendations from the Tree Inventory Report.
[5] 
Any deviation from the Tree Preservation Plan resulting in impacts to or removal of trees designated for preservation shall require the approval by the Board of Supervisors with recommendations from the Planning Commission and Environmental Advisory Council.
(109) 
Townhouses. See "Garden Apartments and Single-Family Attached Dwellings" in this section.
(110) 
Treatment center.
(a) 
A minimum of lot area of two acres shall be required.
(b) 
There shall be no more than 12 residents, including any live-in supervisors.
(c) 
There shall be twenty-four hour resident supervision by people qualified by training and experience in the field for which the treatment center is intended.
(d) 
The use shall be licensed under the applicable State program and shall comply with all applicable State rules and regulations.
(e) 
The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use. Any future additions to this list shall require additional special exception approval.
(f) 
Any medical or counseling services provided shall be done so only for residents of the treatment center.
(g) 
The lot upon which a treatment center is located shall be at least 1,000 feet from the lot upon which a group home or another treatment center is located; (such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot).
(h) 
Off-street parking shall be provided in accordance with the provisions of Article VII.
(i) 
The applicant shall provide sufficient documentation to demonstrate that the use shall involve adequate on-site supervision and security measures to protect public safety.
(j) 
The Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
(k) 
Immediate contact with a supervisor or manager of the facility shall be available to the Township, 24 hours per day, seven days per week.
(l) 
An emergency management plan must be developed and submitted to the Township Emergency Management Coordinator for review.
(m) 
All treatment centers shall be subject to an annual inspection by the Township Codes Department."
(111) 
Vehicle wash preventative maintenance center.
(a) 
Services performed at a vehicle wash preventative maintenance center are limited to those services described under the definition of such use.
(b) 
Sale of gasoline and other fuels shall not be permitted at the facility.
(c) 
The lot shall be graded such that process water shall not run off across the lot, onto any adjacent lot, or onto a public street.
(d) 
A grease trap shall be provided within the sewer hook-up designed in accordance with the requirements of the Plumbing Inspector.
(e) 
Automobile storage and waiting spaces shall be provided at the rate of not less than five spaces for each bay in a self-service facility and not less than 10 spaces for each vehicle which can be accommodated within an automatic or semi-automatic facility. All vehicle storage and waiting areas shall be designed and located so as not to intrude into any required yard area. Buildings shall not be located closer than 50 feet to any residential district or any existing residential use.
(f) 
Where a vehicle wash preventative maintenance center adjoins a residential property or a residential district, the hours of operation shall not be earlier than 7:00 a.m., prevailing time, nor later than 10:00 p.m., prevailing time.
(g) 
All automobile parts are to be located within an enclosed building. No dismantled, inoperable or unlicensed vehicles are permitted on the premises.
(h) 
Full body paint spraying or body and fender work shall not be permitted.
(i) 
Vehicle wash preventative maintenance centers may also include the sale of a limited selection of food and common household items as a clearly accessory use, provided that the total parking requirements of Article VII are complied with.
(j) 
All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(k) 
Yard areas adjacent to any residential lot shall be suitable screened.
(l) 
Any drive-through facilities shall comply with the applicable portions of § 450-707, Drive-through off-street stacking space regulations, of Article VII of this chapter.
(112) 
Warehouse or Wholesale.
(a) 
Truck parking and loading shall meet the minimum standards of this Part and in unique situations shall be provided according to maximum standards of the industry for the specific type of warehouse, wholesale or distribution activity to be conducted.
(b) 
Truck or rail access and operations shall not conflict with the convenience and safety of automobile traffic and parking.
(c) 
No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins or similar items shall be permitted.
(d) 
A warehouse facility shall have a minimum lot size of two acres. A wholesale facility shall have a minimum lot size of three acres.
(113) 
Wildlife sanctuary.
(a) 
The use shall be conducted on a lot at least 10 acres in size.
(b) 
No animal which is dangerous or capable of causing harm to persons or damage to property shall be permitted to roam free.
(c) 
No wildlife sanctuary shall contain animals that do not naturally inhabit the region within which the use is located.
(d) 
Every barn, animal shelter, stable, cage, feed yard or manure storage area shall be at least 300 feet from all lot lines, residential district boundaries and dwellings except the dwelling of the owner or lessee.
A. 
Purpose. Before a zoning permit is granted for any use listed as a special exception use in this chapter, a site plan shall be reviewed by the Planning Commission and approved by the Board. This requirement is provided because of the considerable impact that these uses tend to have on a community. The application and review process shall follow the procedures included in Article VIII of this chapter.
B. 
Site plan and traffic impact study submittals.
(1) 
All applicants for a special exception use shall submit the required number of sets of site plans, as specified in Article VIII of this chapter, for the proposed use to the Board as part of the application for a zoning permit.
(2) 
All site plans shall contain the information required in § 450-409C and shall conform to the site design guidelines included in § 450-409E.
(3) 
A special exception application that involves any of the following uses shall include a complete traffic impact study complying with the provisions of § 450-409D:
(a) 
Residential: 60 or more dwelling units.
(b) 
Commercial: 20,000 square feet or more of total floor area.
(c) 
Office: 30,000 square feet or more of total floor area.
(d) 
Industrial: 60,000 square feet or more of total floor area or any truck terminal.
(e) 
Institutional: 30,000 square feet or more of total floor area.
(f) 
Any use or combination of uses that would generally result in greater than 1,500 trips per day.
(g) 
Where the Township Engineer certifies that there is a clear existing severe traffic problem within close proximity to the proposed project which will likely be significantly worsened by the proposed project.
C. 
Standards. Each special exception use shall comply with general standards listed in Article VIII and any specific standards listed for the proposed use in § 450-324.
A. 
Purpose. Before a zoning permit is granted for any use listed as a conditional use in this chapter, a site plan shall be reviewed by the Planning Commission and approved by the Township Supervisors. This requirement is provided because of the considerable impact that these uses tend to have on a community. The application and review process shall follow the procedures included in Article VIII of this chapter.
B. 
Site plan and traffic impact study submittals.
(1) 
All applicants for a conditional use shall submit the required number of sets of site plans, as specified in Article VIII of this chapter, for the proposed use to the Board of Supervisors as part of the application for a zoning permit.
(2) 
All site plans shall contain the information required in § 450-409C and shall conform to the guidelines included in § 450-409E.
(3) 
A conditional use application that involves any of the uses listed under § 450-325B(3) shall include a complete traffic impact study complying with the provisions of § 450-409D.
C. 
Standards. Each conditional use shall comply with all general standards listed in Article VIII and any specific standards for the proposed use listed in § 450-324.
A. 
In general. An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.
B. 
Yard requirements. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this chapter.
C. 
Special standards. Each accessory use shall comply with all of the following standards listed for that use:
(1) 
Accessory uses, buildings or structures.
(a) 
No detached accessory building or structure shall be erected in any required front, side or rear yard, except a five-foot setback shall be required within side or rear yards that directly abut an alley. No detached accessory building or structure shall be erected within five feet of any other building or structure except as noted in Subsection C(1)(d) below.
(b) 
No nonresidential activities shall be permitted in any residential district except those permitted by home occupation regulations or other provisions of this chapter.
(c) 
No agricultural use or individual gardens used for home consumption shall occupy more than 1/2 of the minimum side or rear yard required in the applicable zoning district.
(d) 
An accessory building used for storage of garden equipment, bicycles, sleds or other equipment used by the occupants of a dwelling shall be allowed to be constructed within two feet of the side and rear property lines. However, it shall be located to the rear of the building used as a residence. Construction of such accessory building will comply with the Uniform Construction Code, maximum height shall be 10 feet, and maximum size shall be 150 square feet with the following exception: any accessory storage building as described in this subsection which is over 150 square feet shall be located to the rear of the building used as a residence and shall be located no closer to a lot line than the minimum side yard requirement for one side yard for the zoning district in which the accessory building is located.
(e) 
Nothing in this section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.
(f) 
Accessory buildings to residential uses (including private vehicle garage).
[1] 
No such accessory building shall be located within a required front or side yard for an accessory use. However, such accessory building may be located within a required rear yard in which case the minimum side yard requirement for one side yard for the zoning district in which the accessory building is located shall determine the minimum building setback.
[2] 
The cumulative floor area of accessory buildings shall not exceed 50% of the floor area of the principal building, except where such computation would result in a permitted floor area of less than 600 square feet. In such case, a cumulative floor area of accessory structures of 600 square feet shall be permitted.
[a] 
A property with a lot size of two acres or greater shall be permitted a cumulative floor area of accessory structures of 1,500 square feet provided the structure meets all building setback requirements.
[3] 
Accessory structures may be located as follows, within the other requirements of this chapter:
[a] 
No accessory building to the principal residential use shall have a height greater than 15 feet.
[b] 
No accessory structure to a single-family dwelling unit shall have a total floor are greater than 10% of the total land area of the lot.
(2) 
Alternative energy system, accessory (solar and Wind).
(a) 
General Requirements for all accessory alternative energy systems.
[1] 
Power generation. Accessory alternative energy systems shall be intended to primarily reduce on-site consumption of utility power. If the capacity of the system is so that the main purpose is to supply electrical or thermal power primarily for off-site use, it shall comply with all requirements for a principal alternative energy system.
[2] 
Power lines. All electrical wiring leading from an accessory alternative energy system shall be located underground.
[3] 
Setbacks. No accessory alternative energy system shall be located within the required front yard.
[4] 
Noise. Accessory alternative energy systems shall comply with the noise control requirements of § 450-511.
[5] 
Uniform construction code. To the extent applicable, the accessory alternative energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.
[6] 
Design safety certification. The design of the accessory alternative energy system shall conform to applicable industry standards, including those of the American National Standards Institute. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, or other similar certifying organization.
[7] 
Electrical components. All electrical components of the accessory alternative energy system shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
[8] 
Signage. Accessory alternative energy systems shall contain no signage except for warning signs.
[9] 
Warnings. A clearly visible warning sign concerning voltage must be placed at the base of all padmounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
[10] 
Climb prevention/locks. Towers that are part of an accessory alternative energy system shall not be climbable up to 15 feet above ground surface. All access doors to buildings and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
[11] 
Easements. No accessory alternative energy system shall be constructed, erected, relocated to or placed within an existing easement or right-of-way without the written permission of the person, party or entity to which the easement or right-of-way benefits.
[12] 
Drainage. No accessory alternative energy system shall alter, divert or obstruct the flow of stormwater runoff without the applicant first obtaining the specific approval for such alterations from the Township.
[13] 
Utility company notification. No accessory solar energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off-grid systems shall be exempt from this requirement.
[14] 
Maintenance. The accessory alternative energy system must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.
[15] 
Building permit applications. Building permit applications for accessory alternative energy systems shall be accompanied by line drawings of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
(b) 
Additional requirements for accessory solar energy systems.
[1] 
Exemptions. Any accessory solar energy system with an aggregate collection and/or focusing area of 10 square feet or less is exempt from this section.
[2] 
Installer certification. Installers must certify they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
[a] 
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
[b] 
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited Photovoltaic (PV) training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
[3] 
Glare. All accessory solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby properties, structures or roadways. The applicant has the burden of proving that any glare produced does not have adverse impact on neighboring or adjacent uses either through siting or mitigation.
[4] 
Development on adjoining properties. The application for any permit for an accessory solar energy system shall include an acknowledgement that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: (a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or (b) the right to prohibit the development on or growth of any trees or vegetation on such property. Such application shall be signed by the property owner.
[5] 
Roof Mounted and Wall Mounted Accessory Solar Energy Systems:
[a] 
A roof mounted or wall mounted accessory solar energy system may be located on a principal or accessory building.
[b] 
The total height of a building with an accessory solar energy system shall not exceed by more than two foot the maximum building height specified for principal or accessory buildings within the applicable zoning district.
[c] 
Wall mounted accessory solar energy systems shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.
[d] 
Solar panels shall not extend beyond any portion of the roof edge.
[6] 
Ground mounted accessory solar energy systems:
[a] 
Setbacks from residential uses or properties. Where a ground mounted accessory solar energy system is located adjacent to a principally residential use or an unimproved property located within the RHA, RC, RS, LDS, MDS, SS or U districts, the minimum yard setback(s) from the common property line(s) shall be equivalent to the principal structure setback in the zoning district within which the energy system is located. A ground mounted accessory solar energy system shall not be located in the required front yard.
[b] 
Setbacks from nonresidential uses or properties. Where a ground mounted accessory solar energy system is located adjacent to a principally nonresidential use or an unimproved property located within the NC, PHI, PHT, POB, PIB, EI or FS districts, the minimum yard setback(s) from the common property line(s) shall be 10 feet. A ground mounted accessory solar energy system shall not be located in the required front yard.
[c] 
Height. Freestanding ground mounted accessory solar energy systems shall not exceed the maximum accessory structure height in the underlying zoning district.
[d] 
Impervious coverage. The surface area of the arrays of a ground mounted accessory solar energy system, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located.
[e] 
Screening. Any ground mounted accessory solar energy system located on a property which directly abuts any existing residential use shall provide buffer yards and planting screens in accordance with the provisions of § 450-405I. Such planting screen shall comply with the requirements for a screen of high intensity.
[f] 
Drainage. No ground mounted accessory solar energy system shall alter, divert or obstruct the flow of stormwater runoff without the applicant first obtaining the specific approval for such alterations from the Township.
[g] 
Area exemption. The surface area of a ground mounted accessory solar energy system shall be exempt from the provisions of § 450-327C(1)(f)[2] of this chapter, which requires that the cumulative area of accessory buildings not exceed 50% of the floor area of the principal building.
(c) 
Additional requirements for accessory wind energy systems.
[1] 
An accessory wind energy system which permits any vane, sail or rotor blade to pass within 20 feet of the ground shall be prohibited.
[2] 
The foundation and base of any wind energy tower shall be set back from a property line or right-of-way line a distance equal to not less than 1.25 times the wind energy system height.
[3] 
Wind turbines shall be a non-obtrusive color such as white, off-white or gray.
[4] 
Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
[5] 
The owner shall make reasonable efforts to minimize shadow flicker to any occupied building on an adjoining property.
[6] 
Accessory wind energy towers shall comply with all Federal Aviation Administration, Commonwealth of Pennsylvania Bureau of Aviation and applicable airport zoning regulations, including those pertaining to height.
[7] 
Building permit applications for accessory wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings and/or foundation as provided by the manufacturer.
[8] 
No illumination of the turbine or tower shall be allowed unless required by the FAA.
(3) 
Farm pond.
(a) 
The developer of any farm pond shall obtain all required State and Federal permits.
(b) 
No farm pond shall be of such a size or character as to create any dangerous, noxious or objectionable condition.
(4) 
Fences, walls, hedges and gates.
(a) 
Unless otherwise stated, these uses shall be allowed in all districts.
(b) 
Setback from roads. A fence, structure, wall or continuous hedge shall be located no closer than three feet of the existing right-of-way of a public road and shall have a maximum height of four feet along all public roads. In addition, the sight distance requirements of § 450-405H shall be satisfied.
(c) 
Fences.
[1] 
Any fence located in the front yard of a use in a residential district shall have a minimum of 50% of its surface area as transparent and shall not exceed four feet in height.
[2] 
Fences shall be located no closer than six inches to any side or rear lot line, unless otherwise agreed upon in writing between two adjoining property owners, in which case the fence may be located closer than six inches including the location of the fence on the side or rear lot line.
[3] 
In a residential district, a fence located anywhere except the front yard of a use may have a height of up to six feet and may be opaque.
[4] 
In all other districts, fences may have a maximum height of nine feet.
[5] 
A fence of up to 10 feet may be allowed in a rear yard in any district for the sole purpose of enclosing a court for tennis or similar sports. Such fence shall be located no closer than five feet to any property line or street right-of-way.
(d) 
Walls.
[1] 
Any walls should be architecturally compatible with the structure and the landscape.
[2] 
Any wall Walls in the front yard of a use in a district shall be a special exception where the proposed height of the wall exceeds four feet.
[3] 
Walls may be one foot in height for every one feet they are set back from a property line, up to a maximum height of six feet.
(e) 
Hedges. Continuous hedges may have a maximum height of three feet in any front yard.
(f) 
Gates. All fences, walls or continuous hedges more than three feet in height shall be equipped with gates or other suitable passageways at intervals of not more than 250 feet.
(5) 
Geothermal energy system, accessory.
(a) 
Closed loop accessory geothermal energy systems shall be permitted in all zoning districts.
(b) 
No person shall install an open loop geothermal system. It shall be permissible to operate an open loop geothermal system provided that such unit was legally installed on the property prior to the enactment of this Ordinance
(c) 
Geothermal energy systems shall conform to the applicable industry standards including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.
(d) 
Setbacks.
[1] 
Above-ground equipment shall comply with the applicable setback requirements of the respective zoning district.
[2] 
Equipment, piping and devices shall not be located within any easement or right-of-way.
(e) 
Casing. All wells serving geothermal heating and/or cooling systems shall be equipped with watertight and durable casing pipe. The casing shall be carried to a minimum depth of 20 feet and grouted in place. The sections of casing pipe shall be joined in accordance with applicable industry standards and the annular space between the well casing and earth formation shall be completely filled with approved grout materials.
(f) 
Heat pumps. Heat pump (geothermal) installations shall be designed and constructed to provide an effective watertight seal with the well casing or water storage reservoir and to prevent contamination from reaching the water chamber or interior pump surfaces. Boreholes must be grouted from a minimum depth of 20 feet below grade to the ground surface with an approved grout.
(6) 
Heliport.
(a) 
The Pennsylvania Bureau of Aviation within the Pennsylvania Department of Transportation shall find the landing area safe and acceptable for licensing a heliport.
(b) 
The Federal Aviation Administration shall have granted approval for the use of the air space.
(7) 
Holiday tree sales. When operated as an accessory use to a principal use on the same lot, holiday tree sales shall comply with all provisions listed for such use under § 450-324.
(8) 
Home occupation.
(a) 
In any residential district, all dwelling units with direct access to a public street, except apartment units, may be used for the practice of a home occupation, provided such occupation is clearly incidental or secondary to the use of the property as a residence, and further provided that such use of the dwelling does not change the character thereof or have any exterior evidence of such accessory use other than a small nameplate as provided in this chapter. The proprietor of the home occupation must be a legal resident and occupant of the structure.
(b) 
Standards:
[1] 
Home occupation shall be limited to the involvement on the premises of not more than two persons at any one time whether paid or unpaid.
[2] 
The number of off-street parking spaces shall comply with the requirements for a home occupation listed in Table 7.1, in addition to those required for the residence units. All parking spaces shall be located outside of the street right-of-way.
[3] 
Unless otherwise permitted in this section, home occupations shall not occupy more than 25% of the total floor area of the dwelling unit.
[4] 
Home occupations shall be subject to the following limitations:
[a] 
No emission of unpleasant gases or other odorous matter shall be permitted.
[b] 
No emissions of noxious, toxic or corrosive gases or fumes injurious to persons, property or vegetation shall be permitted.
[c] 
No glare and heat from any home occupation shall be permitted.
[d] 
No discharge is permitted into a reservoir, sewage or storm disposal system, stream, open body of water or into the ground, of any materials in such a way or of such nature or temperature as could contaminate any water supply, or damage or be detrimental to any sewage system or any sewage treatment process or otherwise could cause the emission of dangerous objectionable elements.
[e] 
No vibration perceptible beyond the dwelling unit or building in which the home occupation is conducted shall be permitted.
[f] 
No noise shall be audible beyond the dwelling unit or building in which the home occupation is conducted whichever shall be the smaller, which exceeds the average intensity of street traffic at the front lot line. Objectionable noises due to intermittence, beat, frequency or shrillness shall be muffled.
[g] 
No emission of any smoke shall be permitted.
[h] 
Electric or electronic devices shall be shielded in such a manner as not to interfere with radio or television reception or transmission of any kind.
[i] 
No storage of materials or products in open areas shall be permitted.
[j] 
No retail sales shall be permitted except for home produced goods.
[k] 
Auto repair of any intensity shall only be permitted by special exception approval.
[l] 
No material designed for use as an explosive shall be reproduced or stored on the premises.
(c) 
Additional standards for a day-care center as a home occupation. In addition to the general home occupation standards listed above, a day-care center operating as a home occupation shall comply with the following specific standards.
[1] 
The use shall comply with all local, State, Federal and County requirements.
[2] 
The use may occupy more than 25% of the total floor area of the dwelling unit.
[3] 
The use shall serve no more than 12 children, including members of the family residing in the dwelling.
[4] 
With the exception of the outdoor activity area, the operation of the day-care center shall take place within the dwelling and shall not be located within any accessory structure.
[5] 
There shall be a minimum of 60 square feet of space per child in the outdoor activity area, which area shall be free of hazards and properly fenced with a fence having a minimum height of four feet. No outdoor activity area shall be closer than 15 feet to any lot line for any home occupation day care serving more than five children.
[6] 
The day-care center shall be located and operated in a manner that reduces or eliminates potential hazards to the children being cared for at the facility. It shall be the responsibility of the owner to demonstrate, to the satisfaction of the Building Code Official, full compliance with this provision.
[7] 
With the exception of minimum lot size, a day-care center operating as a home occupation that serves more than five children that are not members of the family residing in the dwelling shall comply with all provisions listed under § 450-324 for a "nursery school or day-care center" as a principal use. This shall include provisions relating to outdoor activity areas, indoor floor space and air space, off-street parking and any applicable County, State or Federal regulations.
(9) 
Interior service and convenience uses.
(a) 
Interior Service and Convenience Uses shall be permitted as an accessory use, where specified, and only within a building housing one of the following principal uses: office, government office, financial establishment, hospital/medical center, medical office/medical clinic, professional office, college or university, other similar commercial uses, and any industrial use.
(b) 
All interior service and convenience uses shall not occupy more than a total of 10% of the total floor area of the building in which they are located.
(c) 
Public entrances to interior service and convenience uses shall be from the interior of the building.
(d) 
No public entrance to any interior service or convenience use shall be located less than 30 feet from an exterior exit to the building that is used by the public for ingress and egress.
(e) 
Exterior signage shall not be permitted for any service and convenience use.
(f) 
An employee nursery/day care functioning as an interior service and convenience use shall comply with all provisions specified for a nursery/day care functioning as a principal use.
(10) 
Keeping animals or fowl.
(a) 
See regulations on the following uses that are not defined as "the Keeping of Animals or Fowl," "Kennels," "Agriculture, general," "Animal Husbandry" and "Stables" in § 450-324B and the appropriate definitions in Article II.
(b) 
The keeping of animals or fowl shall comply with the performance standards of Article V and shall not result in a threat to the public health or safety.
(c) 
A lot involving a single-family dwelling with a lot size of less than 30,000 square feet or any multifamily dwelling unit shall include the keeping of not more than five cats or dogs of more than six months of age.
(d) 
The keeping of animals or fowl within the LDS, MDS, SS, U, NC, and PMU Districts shall not include the keeping of farm animals.
(e) 
A residential property with a lot size greater than one acre shall be permitted the keeping of chickens as an accessory use, regardless of the zoning district within which the property is located. Such accessory use shall be in accordance with the following:
[1] 
There shall be no more than a total of 12 chickens.
[2] 
Chickens shall be provided with an appropriate housing structure of at least four square feet per chicken located within the building setback requirements or 25 feet, whichever is greater. All structures shall be properly maintained so as to not become a nuisance to adjacent properties.
[3] 
Outdoor pasture areas shall be properly maintained with a vegetated and stable surface that is enclosed by a four-foot minimum high fence suitable to prevent the escape of animals.
[4] 
All animal waste shall be properly stored and disposed of so as to not be objectionable at the site's property lines.
[5] 
The keeping of chickens as an accessory use shall not involve the keeping of a rooster.
(11) 
Noncommercial swimming pool. A noncommercial swimming pool designed to contain a water depth of 24 inches or more shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
(a) 
Permit. A building permit shall be required to locate, construct or maintain a noncommercial swimming pool.
(b) 
Location. Such pool shall be located in a rear or side yard only. No above or inground pool shall be located within 15 feet of a side or rear lot line, within 10 feet of any overhead wires, over any on-lot sewage disposal field or system or five feet from any other structure. A hot tub shall be required to meet the full side and rear yard setback requirements of the applicable zoning district. A hot tub may be located closer than five feet to any structure, and must conform to all adopted Building Code requirements.
(c) 
Fence. Every inground noncommercial swimming pool shall be entirely enclosed with a fence complying with all provisions of the applicable building code. Where required by the applicable building code, aboveground pools shall also be entirely enclosed with an appropriate fence. Aboveground pools not requiring a fence shall require a self-closing and self-latching gate to any pool access platform.
(d) 
Water. If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. If the water from such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.
(e) 
Drainage. The draining of all pools shall comply with all applicable local and state regulations.
(12) 
No-impact home-based business. The business or commercial activity comprising the no-impact home-based business must satisfy the following requirements:
(a) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b) 
The business shall employ no employees other than family members residing in the dwelling.
(c) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f) 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h) 
The business may not involve any illegal activity.
(i) 
Approval of such a use shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by-law or other document applicable to a common interest ownership community.
(13) 
Open Air Retail Sales of Agricultural Products, as an accessory use.
(a) 
Shall be permitted solely as an accessory use to a principal agricultural use.
(b) 
Any permanent structure shall be subject to all area, bulk, and setback requirements of the zoning district within which it is located.
(c) 
Temporary structures shall be dismantled at the end of the growing season. Any structure in place for more than six months, whether consecutively or in aggregate, during any calendar year shall be deemed a permanent structure and shall be regulated as such.
(d) 
Temporary structures must be secure and structurally sound so as not to create a hazard either to customers or the general public.
(e) 
Temporary structures shall be set back at least 20 feet from the road right-of-way.
(f) 
Signs for temporary structures shall be in conformance with the regulations Article VI of this chapter.
(g) 
Safe off-street parking shall be provided for customers at temporary structures.
(h) 
Parking shall be provided in compliance with the provisions of Article VII.
(14) 
Outdoor wood-fired boilers.
(a) 
No person shall install an outdoor wood-fired boiler that is not a Phase 2 outdoor wood-fired boiler, except for any cleaner burning outdoor wood-fired boiler that is recommended by either the EPA or DEP. It shall be permissible to operate a Phase 1 outdoor wood-fired boiler provided that such unit was legally installed on the property prior to the enactment of this Ordinance.
(b) 
All outdoor wood-fired boilers must meet applicable regulations and recommendations of the EPA and DEP. All outdoor wood-fired boilers shall meet emission certification requirements unless expressly exempted otherwise. The Applicant shall have the burden of proving that the outdoor wood-fired boiler they desire to install, operate and maintain meets all existing laws, regulations and certifications.
(c) 
The outdoor wood-fired boiler shall be located at least 150 feet from the nearest dwelling that is not on the same property as the outdoor wood-fired boiler, and the outdoor wood-fired boiler shall be located at least 100 feet from the property line or street right-of-way.
(d) 
All outdoor wood-fired boilers must be certified not to exceed EPA particulate matter emission standards. If the EPA or other agency should promulgate stricter standards, the stricter standards shall apply.
(e) 
To the extent applicable, the outdoor wood-fired boiler shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.
(f) 
The design of the outdoor wood-fired boiler shall conform to applicable industry standards, including those of the American National Standards Institute. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, or other similar certifying organization.
(g) 
No outdoor wood-fired boiler shall be constructed, erected, relocated to or placed within an existing easement or right-of-way without the written permission of the person, party or entity to which the easement or right-of-way benefits.
(h) 
No outdoor wood-fired boiler shall alter, divert or obstruct the flow of stormwater runoff without the applicant first obtaining the specific approval for such alterations from the Township.
(i) 
The outdoor wood-fired boiler shall have a permanent chimney that extends at least 15 feet from roof ridge of the furnace.
(j) 
Outdoor wood-fired boilers may only burn fuels for which the same were designed to burn and which are approved by the manufacturer. None of the following fuels or materials may be burned in any outdoor wood-fired boilers under any circumstances:
[1] 
Any material that does not meet the definition of clean wood.
[2] 
Furniture.
[3] 
Garbage.
[4] 
Tires.
[5] 
Lawn Clippings or yard waste.
[6] 
Material containing plastic.
[7] 
Material containing rubber.
[8] 
Waste petroleum products.
[9] 
Paints and paint thinners.
[10] 
Chemicals.
[11] 
Any hazardous waste.
[12] 
Coal.
[13] 
Glossy colored paper.
[14] 
Construction and demolition debris.
[15] 
Plywood.
[16] 
Particleboard.
[17] 
Salt water driftwood.
[18] 
Manure.
[19] 
Animal carcasses.
[20] 
Asphalt products.
(k) 
No outdoor wood-fired boiler shall be altered or modified such that the applicable certification emission tests would be invalidated. Any antipollution device installed by the manufacturer, or required by this Part or otherwise, shall not be disconnected or rendered inoperative. Operation of the outdoor wood-fired boiler shall be in accordance with the manufacturer's written instructions. This shall include, if applicable, periodic inspection and replacement of catalytic combustors.
(l) 
All outdoor wood-fired boilers shall be installed, operated and maintained in strict conformance with the manufacturer's instructions, the provisions of this Part, applicable building codes, and all applicable local, State and Federal laws and regulations. In the event of a conflict, this Part shall apply unless the manufacturer's instructions or regulations are more strict, in which case the manufacturer's instructions or regulations shall apply. A copy of the manufacturer's installation and/or operating instructions shall be filed with the Township Office, by the Applicant, together with any subsequent amendments or modifications.
(m) 
For all outdoor wood-fired boilers, the chimney must be secured against high winds, and be constructed, installed and maintained in such a manner that it does not constitute a safety hazard. All chimneys shall be constructed in accordance with all rules and regulations of the Township and Commonwealth of Pennsylvania, and shall be constructed in accordance with the manufacturer's instructions.
(15) 
Recreational vehicle storage. See applicable provision of the Township of Spring Motor Vehicles and Traffic Chapter (Ord. 179, adopted December 10, 1984, as amended) (Article III of Chapter 425 of the Codification of Ordinances of the Township of Spring).
(16) 
Seasonal roadside produce market. Roadside produce markets for the sale of dairy, farm, greenhouse or nursery products are permitted with the following restrictions:
(a) 
Size. The area where products are displayed or sold shall not exceed 800 square feet.
(b) 
Location. The stand shall be at least 50 feet from an intersection and shall be at least 30 feet from the existing right-of-way line.
(c) 
Removal in off-season. The stand shall be portable, shall be maintained in good condition and shall be removed during seasons when products are not being offered for sale, except as is allowed below.
(d) 
A stand may remain in place through the year without being removed if it would be located a minimum of 100 feet from the existing right-of-way line.
(e) 
Parking. Parking for vehicles shall be provided outside of the existing street right-of-way and in compliance with the provisions of Article VII. Parking shall be provided for a minimum of four vehicles.
(f) 
A minimum of 50% of all items offered for sale shall have been produced on the property on which they are offered for sale.
(17) 
Temporary retail sales. When operated as an accessory use to a principal use on the same lot, temporary retail sales shall comply with all provisions listed for such use under § 450-324.
(18) 
Tennis court or similar impervious athletic surfaces.
(a) 
An impervious athletic surface shall not be located in front of the principal building.
(b) 
An impervious athletic surface shall not be located over a drainage field of a sewage disposal system.
(c) 
No impervious athletic surface shall be located within 15 feet of the lot line of an abutting single-family detached dwelling.