For the purposes of this chapter the following
regulations shall govern each and every district.
No lot shall be so reduced that the area of
the lot, or the dimensions of the required open space, shall be less
than herein prescribed.
Where a lesser front yard predominates in a
neighborhood than what is required by that district, the Zoning Hearing
Board by special exception may change the front yard requirements
for any unimproved lot.
[Amended 12-17-2012 by Ord. No. 460]
No wall, fence, or other similar structure greater
than three feet in height shall be installed or maintained on any
lot (except street signs, utility poles or traffic signs) in the area
bounded by the street center line and a line adjoining said lines
at a distance of 75 feet from the point of the intersection. This
requirement shall also apply to the planting or maintaining of shrubs,
trees or other vegetation.
No dwelling shall hereafter be erected or altered
unless there is direct access to it through an open space on the same
lot. Such open spaces shall have a right-of-way of at least 50 feet
wide, and shall extend from the dwelling to a public street or highway.
An existing lot for which access to a public
road is by a relatively narrow strip of land may be built upon only
when authorized by a special exception. In computing the area of such
lots, the area of the strip of ground connecting the lot with the
public road shall not be considered. All buildings and other structures
to be located on such lots shall be not closer than 75 feet from surrounding
lot lines, and the strip of ground connecting the lot with the public
road shall be used as an access strip to only the particular lot in
question. The Zoning Hearing Board shall consider the suitability
of the strip of ground which connects the lot with the public road
for use as an access driveway and shall assure that any such access
driveway does not generate dust. The Zoning Hearing Board may impose
such other conditions as may be required.
[Amended 7-27-1987 by Ord. No. 170]
Accessory uses authorized in this chapter shall
include, but not by way of limitation, the following:
A.
Uses accessory to agriculture: greenhouses; roadside
stand for sale of products produced on the premises; barns; keeping,
breeding and management of livestock and poultry; and preparation
of products produced on the premises for use and the disposal thereof
by marketing or otherwise; but no barn, poultry house or similar structure
shall be erected or used nearer to any lot line than 100 feet.
B.
Uses accessory to dwelling:
[Amended 12-17-2012 by Ord. No. 460]
(1)
Parking
garage, storage shed, and parking space(s).
(2)
Private
stable, chicken house or shelter for pets. Maximum allowable size:
250 square feet, and maximum height: 12 feet.
(3)
Private greenhouses.
(4)
Professional office or studio of a doctor, dentist,
healer, teacher, artist, architect, musician, lawyer, engineer, magistrate
or practitioner of a similar character, or rooms for home occupations,
provided that the office, studio or rooms are located in a dwelling
in which the practitioner resides, or in a building accessory thereto,
and provided further that no goods are publicly displayed on the premises.
(5)
Private swimming pool.
(6)
Uses authorized in this chapter as accessory to a
dwelling shall not be deemed to include a business, hospital clinic,
animal hospital, barbershop, beauty parlor, other personal service
shops, tea room, hotel, or any similar use.
(7)
The residential structure shall not be altered by
the professional office or studio or home occupation in a manner which
would cause the premises to differ from its residential character
by the use of colors, materials, construction, lighting, show windows
or advertising, other than those signs permitted by this chapter.
(8)
Only one commercial vehicle shall be permitted for
a home occupation and it shall be parked off street.
(9)
Off-street parking shall not be permitted in a front
yard. A ten-foot driveway providing access to parking areas in the
side or rear of the property may be located in the front yard. All
off-street parking areas must be located at least 10 feet from any
property line. All off-street parking areas which contain more than
three spaces must have buffer and screening landscaping.
(10)
There shall be no exterior storage of materials
or refuse resulting from the operation of a home occupation.
(11)
No equipment or process shall be used in a home
occupation which creates noise, vibration, glare, fumes, odors, dust
or electrical interference detectable to the normal senses off the
lot. No equipment or process shall be used which creates visible or
audible interference in any radio or television receivers off the
premises.
(12)
No employees in connection with a home occupation.
(13)
There shall be no more than one employee, other
than members of the immediate family. in connection with a professional
office or studio.
(14)
No more than six off-street parking spaces including
the required residential parking shall be permitted on one lot.
C.
Uses accessory to noncommercial recreational use:
customary recreational, refreshment and service uses and buildings
in any noncommercial recreational area.
[Amended 11-26-1990 by Ord. No. 218; 12-12-1994 by Ord. No.
257; 12-17-2012 by Ord. No. 460]
Accessory buildings and structures, as defined by § 350-8, shall conform to the following requirements:
A.
Accessory buildings/structures may be built on site or manufactured
elsewhere;
B.
Accessory buildings/structures shall have a maximum height of 12
feet;
C.
Accessory buildings/structures shall not include truck bodies or
trailers, gutted mobile homes, used fuel tanks, boxcars, sea containers
or other impertinent or movable structures which were manufactured
for another purpose;
D.
Off-premises sign or device inscribed upon or attached to such accessory
building/structure shall be prohibited;
E.
Accessory buildings/ structures shall not be used for residency or
tenancy purposes; and
F.
Except as may be otherwise specifically provided in this chapter
or by other applicable law concerning a particular accessory use and/or
particular accessory building/structure, an accessory building or
structure may be erected within one required side yard and/or within
the required rear yard, provided that the accessory building or structure
is:
(1)
Entirely separated and detached from the principal building or structure;
(2)
Located at least 10 feet farther back from the street line than the
rearmost portion of the principal building or structure; and
(3)
Located at least 10 feet from any side and rear lot line.
(6)
No such stable or chicken house shall be erected other than in the
rear yard of such lot and at distance of not less than 20 feet from
the rear and side lines thereof and from any dwelling thereon. In
addition, no fowl or animal shall be maintained without suitable building
therefor.[1]
[1]
Editor's Note: Former § 409, as amended 11-26-1990
by Ord. No. 218, which immediately followed this subsection, was repealed
12-12-1994 by Ord. No. 257.
[Amended 11-26-1990 by Ord. No. 218]
No building or structure and no part of a building
or structure shall be erected within or shall project into any minimum
required yard in any district, except that:
A.
An unenclosed porch, not more than 14 feet in height,
may be erected to extend into a required front or rear yard a distance
of not more than 10 feet, provided that in no case shall it extend
into such front or rear yard more than 1/2 the existing depth of the
yard.
B.
A terrace, platform or landing place, not covered
by a roof, canopy or trellis, which does not extend above the level
of the first floor of the building, may be erected to extend into
a required yard a distance of not more than 12 feet provided that
it shall not extend into such yard more than 40% of the existing depth
or width of the yard.
C.
A carport may be erected over a driveway in a required
side yard provided that such structure is:
D.
A buttress, chimney, cornice, pier, or pilaster of
a building may project not more than three feet into a required yard.
E.
Lamp posts, walkways, driveways, retaining wall, and
central air-conditioning units.
No fence or wall (except a retaining wall or
a wall of a building permitted under the terms of this chapter) over
six feet in height shall be erected within any of the open spaces
required by this chapter unless that portion of the fence or wall
which exceeds four feet in height shall contain openings therein equal
to 50% or more of the area of said portion of the fence or wall.
A.
In all districts chimneys, spires, towers, skylights,
tanks, radio or television aerials or similar uses or structures shall
not be included in calculating the height where such structures are
customarily vertical projections of a permitted building.
B.
In any residential district the prescribed basic height
limit may be exceeded by one foot for each foot by which the width
of both side yards and the depth of each rear yard are increased beyond
the minimum requirements up to a maximum of 10 feet.
The continuation of adequate topsoil on the
land within the Township is considered necessary for the general welfare
of the Township and the future development thereof. Thus the permanent
removal of topsoil from the land within the Township shall be prohibited
where it has an affect on neighboring properties. This prohibition
shall not be construed to prohibit the owner of land in removing topsoil
for the purpose of construction of a building and the regrading of
the land surrounding the building following construction.
All trees where reasonably required shall be
pruned periodically, sprayed or receive such care as to preserve them
during their natural lifetime. Any trees or portion thereof which
die or suffer damage due to lightning shall be removed immediately
where potential harm to others or property exists.
The Zoning Hearing Board may allow as a special
exception the conversion of a single-family dwelling or other building
into a dwelling for two or more families, subject to the following
requirements:
A.
A petition in favor of such exceptions is filed with
the Zoning Hearing Board signed by the owners of 60% or more of the
frontage on the same street within 1,000 feet of the designated lot
or any adjoining properties of the lot in question.
B.
Each dwelling unit shall not have less than 600 square
feet of floor area, plus an additional 100 square feet of floor area
for each additional bedroom in excess of one.
C.
The lot area per family is not reduced thereby to
an amount less than 75% of that required by this chapter for the district
in which the designated lot is located.
D.
Fire escape and outside stairways shall, when practicable,
be located to the rear of the building. Outside stairways shall be
enclosed. A metal fire escape shall be provided for each floor above
the second, leading to the ground. Each unit shall have two means
of egress, both of which shall terminate in a public way or a court
space leading to a public way.
E.
The Zoning Hearing Board shall specify the maximum
number of families permitted to occupy such building and may prescribe
such further conditions and restrictions as the Zoning Hearing Board
may consider appropriate.
F.
The off-street parking requirements of this chapter
are met.
G.
The conversion shall be authorized only for a large
dwelling with relatively little economic usefulness as a conforming
use.
No dwelling, dwelling unit, or other structure
designed for residential occupancy shall be constructed or occupied
for residential purposes unless the same shall contain an inhabitable
floor area of not less than 150 square feet per person; provided,
however, that a maximum of 50 square feet of storage area, contained
either in a basement or attic of such structure, shall be construed
as "inhabitable floor area" for the purpose of this section.[1]
[1]
Editor's Note: Former § 417, which
immediately followed this section, was repealed 11-25-1996 by Ord.
No. 272.
[Amended 6-24-1985 by Ord. No. 157]
Mobile homes are a permitted use in any residential district provided that they meet the applicable requirements for single-family detached dwellings as set forth in Articles VII, IX, X and XI of this chapter. However, the proposed mobile home(s) shall be considered as single-family detached dwellings requiring on-lot sewerage and water facilities and meeting all of the requirements of the residential district, as set forth herein, and the requirements of § 350-31 of this article.
[Amended 11-26-1990 by Ord. No. 218]
A.
This chapter shall not apply to any existing or proposed
building or extension thereof used or to be used by a public service
corporation if, upon petition of the corporation, the Public Utility
Commission shall, after a public hearing held in the Township, decide
that the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the public.
B.
It shall be the responsibility of the Pennsylvania
Public Utility Commission to ensure that both the corporation and
the Township have notice of the hearing and are granted an opportunity
to appear, present witnesses, cross-examine witnesses presented by
other parties and otherwise exercise the rights of a party to the
proceedings.
[Amended 7-10-2000 by Ord. No. 307]
A.
Legislative intent. In expansion of the legislative intent contained in Article I, § 350-4, of this chapter and the community development objectives contained in Article I, § 350-5, of this chapter, the purpose of this section is as follows:
(1)
To permit institutional uses on appropriate properties
in the Township with locational, dimensional and development standards
specific to the type of use proposed.
(2)
To provide design and regulatory standards for institutional
uses which will ensure compatibility with adjacent uses and which
will minimize any adverse impacts such as noise, glare and pollution
on surrounding properties.
(3)
To control traffic generated by institutional uses.
B.
Applicability. The regulations of this section apply
to institutional uses permitted in the Township. These regulations
shall also apply to nonconforming institutional uses in connection
with any proposed expansion of such nonconforming use.
C.
Classification of uses. The institutional uses listed
in this section have been divided into three classes of institutional
uses. Some zoning districts permit all three classes of institutional
uses, while others only permit one or two classes. Each of the following
uses is permitted, provided that all the requirements of this section
are met and provided that the class of institutional use is permitted
by right or by special exception in the zoning district in which the
property is located:
(1)
Class One institutional uses.
(a)
Church or other place of worship, including
associated residences but excluding schools or monasteries.
(b)
Cemetery, provided that no graves are located
within 50 feet of a side or rear property line or ultimate right-of-way
line, no building or mausoleum is within 100 feet of a property line
and the cemetery has no crematoria.
(c)
Historical site.
(d)
Museum, provided that the museum is open to
the public or connected with a permitted educational use, conducted
as a nonprofit operation and not conducted as a private, gainful business.
(e)
Club, provided that the principal activity shall
not be one which is customarily carried on as a business and provided
that all services shall only be for members and their guests.
(f)
Child day-care center or similar use, provided
that the following requirements are met:
[1]
The proposed use meets all applicable regulations
of the Commonwealth of Pennsylvania for licensing and/or certification
including, but not limited to, classroom size and space, recreational
space, sanitary facilities and teacher certification.
[2]
When the proposed use is located in a residential
district, no more than 20 children may be accommodated at one time
and no parking shall be permitted between the building facade and
the ultimate right-of-way of any street. Outdoor play areas shall
be fenced with a fence that is at least four feet in height.
(g)
Adult day-care facility, provided that the proposed
use holds an approved and currently valid certificate or license from
the Pennsylvania Department of Aging and complies with all regulations
of that Department.
(h)
Noncommercial parks and playgrounds, excluding
miniature golf courses, batting cages, golf driving ranges, racetracks,
amusement parks and similar intense uses.
(i)
Passive recreation area, environmental or open
space preservation area.
(2)
Class Two institutional uses.
(a)
Private or public elementary, middle, junior
high or senior high school or college, university or theological school,
provided that no outdoor recreation area or athletic field or court
shall be located closer than 100 feet from any property line or street
ultimate right-of-way and that such area, field or court shall be
screened from adjacent residential properties.
(b)
Convent, monastery or similar religious facility.
(c)
Skilled nursing care facility, nursing home,
intermediate care facility or personal care facility.
(d)
Life care facility, provided that independent
living units comprise no more than 40% of the total number of dwelling
units and/or beds on the lot.
(e)
Community center.
(f)
Library, provided that the library is open to
the public or connected with a permitted educational use, conducted
as a nonprofit operation and not conducted as a private gainful business.
D.
Dimensional standards.
(1)
Each class of use shall comply with the following
dimensional regulations:
|
Class One
Uses
|
Class Two
Uses
|
Class Three
Uses
| ||
|---|---|---|---|---|
|
Minimum lot size
(acres)
|
2
|
5
|
10
| |
|
Minimum lot width
(feet)
|
200
|
300
|
500
| |
|
Minimum front yard
(feet)
|
75
|
100
|
100
| |
|
Minimum side yard
(feet)
|
50
|
75
|
100
| |
|
Minimum rear yard
(feet)
|
50
|
75
|
100
| |
|
Maximum building coverage
(percent)
|
15%
|
25%
|
25%
| |
|
Maximum impervious coverage
(percent)
|
25%
|
50%
|
50%
| |
|
Minimum building setback from a residential
property or district
(feet)
|
75
|
100
|
125
| |
|
Minimum parking and service area setback
(feet)
|
40
|
50
|
75
| |
|
Maximum height
(feet)
|
35
|
35
|
35
|
(2)
All classes of uses shall meet the following requirements:
(a)
Building separation. The minimum setback between
buildings on the same lot shall be 30 feet.
(b)
Accessory uses. Accessory buildings shall meet
all primary building setback requirements.
(c)
Density. The maximum density of a proposed use
containing living units or beds shall meet the following requirements:
E.
Additional regulations.
(1)
All institutional properties shall be located on a
feeder or higher classification road.
(2)
Access.
(a)
Primary driveway access shall be from a feeder
or higher classification road.
(b)
Properties with frontages of 600 feet or less
on any individual street only are permitted one driveway intersection
per street. Properties with frontages greater than 600 feet may be
permitted a maximum of two driveways per street frontage provided
that such driveways are at least 300 feet apart.
(3)
Drop-off/pickup area. All institutional uses shall
provide on-site drop-off/pickup area with sufficient capacity for
the type of facility proposed, consistent with the following requirements:
(a)
Drop-off/pickup areas shall be located off-street
and as close to the entrances as possible.
(b)
When located along driveways, the drop-off areas
shall not interfere with the proper functioning of the driveway. When
located in parking areas, the drop-off areas shall not block parking
spaces or parking aisles.
(c)
All drop-off areas shall be provided in addition
to the number of required parking spaces.
(4)
Service areas.
(a)
Loading and unloading areas, dumpsters and similar
site elements shall be located in the rear of the property unless
the Township Board of Commissioners determines that such facilities
located in the side of the property will have less impact on abutting
properties or are more efficient than facilities to the rear.
(b)
Loading and unloading and dumpster areas shall
not interfere with pedestrian or vehicular movement.
(5)
Sewer and water facilities. Institutional uses shall
be served by public sewer and water facilities.
(6)
Utilities. All utility lines (electrical, telephone,
etc.) shall be placed underground whenever feasible.
(7)
Lighting.
(a)
Lighting facilities shall not produce unreasonable
amounts of light, or any glare or hazardous interference on abutting
properties or highways. Any light fixture higher than three feet above
grade shall be shielded to direct light downward.
(b)
Light fixtures shall not be located higher than
12 feet above grade.
(c)
Light fixtures shall not be located within parking
lots unless they are installed within a raised barrier island, a minimum
of five feet wide.
(d)
Glare onto abutting properties shall be controlled
primarily through the selection and application of lighting equipment.
Only after these means have been exhausted shall vegetation, fences
and similar screening methods be considered acceptable for reducing
glare.
F.
Special exception criteria. Institutional uses that are permitted by special exception shall meet the following standards in addition to the standards of § 350-168 of this chapter:
(1)
The applicant shall submit plans for any institutional
use which shall include the following:
(a)
A plot plan showing the location of all present
and proposed buildings, sidewalks and other areas devoted to pedestrian
use, drives, parking lots, loading and unloading areas and other construction
features of the lot and all buildings, streets, alleys, highways,
streams and other topographical features of the lot and within 200
feet of any lot line.
(b)
Architectural plans for any proposed buildings.
(c)
Landscaping plan which shows the location, dimensions
and arrangement of areas to be devoted to planting, lawns, trees or
other purpose.
(d)
A description of the institutional uses proposed,
including the number of employees, students and/or patrons in sufficient
detail to indicate the effects of those operations in producing traffic
congestion, noise, glare, air pollution, water pollution and fire
or safety hazards.
(e)
When the proposed use is a skilled care facility,
nursing home, intermediate care facility or personal care facility,
the applicant must demonstrate appropriate certification from the
Commonwealth of Pennsylvania.
(f)
Engineering or architectural plans for the treatment
or disposal of sewage, unless sewage will be disposed of in a municipal
system.
(g)
Any other pertinent data or evidence that the
Zoning Hearing Board may require.
(2)
The applicant shall submit a community impact analysis
containing the following information:
(a)
The compatibility of the proposed development
with land uses that are adjacent to the site.
(b)
Consistency of the proposed development with
the Township Comprehensive Plan.
(c)
The impact of the proposed development on sensitive
natural areas including floodplains, steep slopes, woodlands, waterways,
recreational areas and conservation areas.
(d)
The impact of the proposed development on public
utilities, including sewage disposal, water supply, solid waste disposal,
storm drainage and electrical utilities.
(e)
The impact of the proposed development on police
and fire protection.
(f)
Documentation of on-site and/or off-site improvements
proposed to alleviate any projected negative impacts of the proposed
development.
(3)
The applicant shall demonstrate to the satisfaction
of the Zoning Hearing Board that the vehicular traffic from the proposed
use shall not cause undue traffic congestion and/or hazardous conditions
to the surrounding area. Provisions shall be made for safe and efficient
ingress and egress to and from the proposed development. A traffic
impact study shall be required for any institutional use to demonstrate
the adequacy of access points and surrounding streets to accommodate
the projected traffic generated by the proposed development.
(4)
The proposed institutional use shall not generate
undue and/or extraneous noise, noxious odors, air pollution or glare
or result in pedestrian-vehicular conflict or other safety hazards
to people or property. Outdoor recreation facilities shall only be
permitted where the noise generated by such use will have a minimal
impact on nearby residential uses.
(5)
Any visual or functional conflicts between the proposed
use and surrounding existing uses shall be kept to a minimum. Increased
setbacks, landscaped buffers, wooden fences or other measures may
be required by the Zoning Hearing Board to minimize potential conflicts
or to reduce anticipated noise levels. Visual and functional conflicts
include, but are not limited to, loading and unloading areas, parking
areas, driveways, active recreation areas or large buildings adjacent
to residential neighborhoods or open space areas.
(6)
Institutional uses located within residential districts shall be designed to fit into the residential neighborhood through the use of pitched roofs, offsets in facades and rooflines, natural building materials, traditional fenestration and other design elements. The applicant shall submit architectural drawings as required by Subsection F(1)(b), above, to demonstrate compliance with this provision.
[Added 6-24-1985 by Ord. No. 157; amended 11-26-1990 by Ord. No.
218]
All mobile homes and modular homes shall be
permanently attached to a continuous perimeter foundation consisting
of eight-inch concrete or concrete block walls extending at least
three feet below ground surface including concrete footer completely
surrounding either a three-foot crawl space or full basement under
all living areas.
[Added 7-17-1987 by Ord. No. 170; amended 11-25-1996 by Ord. No.
272]
A corner lot is a lot abutting or adjacent to
more than one road. Every yard of a corner lot abutting or adjacent
to each road shall be considered a front yard and shall comply with
the front yard requirements of the zoning district in which the lot
is located, notwithstanding that any such yard may or may not occupy
or be considered a part of the front of the lot. The remaining yards
of the lot shall be considered side yards and shall comply with the
side yard requirements of the zoning district in which the lot is
located.
[Added 7-10-2000 by Ord. No. 308]
A.
Declaration of legislative intent. It is the intent
of this section to establish general guidelines for the siting of
wireless telecommunications facilities. Specifically, it is the intent
of this section to:
(1)
Provide procedures and guidelines for the location,
placement and construction of wireless telecommunications facilities
in the Township.
(2)
Provide clear performance standards and review requirements
addressing the siting of wireless telecommunications facilities.
(3)
Encourage the location of wireless telecommunications
facilities on existing structures, including utility poles, signs,
water towers, buildings and other wireless telecommunications facilities,
where feasible.
(4)
Ensure the wireless telecommunications facilities
are safe and blend into their environmental to the greatest extent
possible.
(5)
Encourage site sharing of new and existing wireless
telecommunications facilities.
(6)
Preserve the residential character of neighborhoods.
(7)
Comply with the Telecommunications Act of 1996.
B.
Use regulations. A telecommunications antenna and
its support or attachment structures are permitted in the following
districts:
(1)
A telecommunications antenna mounted on an attachment
structure is permitted by right in the RO Retail Office District and
the LI Limited Industrial District.
[Amended 10-19-2009 by Ord. No. 438]
(2)
A telecommunications antenna mounted on an attachment
structure or on a proposed support structure is permitted by right
on any parcel owned or controlled by Upper Pottsgrove Township. When
the Township is the applicant for a telecommunications antenna, the
regulations of this section do not need to be met.
(3)
A telecommunications antenna mounted on an existing
support structure is permitted by right in all zoning districts, provided
that no ground level buildings or structures, such as an equipment
building, are proposed to be constructed or expanded.
(4)
A telecommunications antenna mounted on an existing support structure involving the construction or expansion of any ground level buildings or structures is permitted by conditional use in all zoning districts when done in compliance with the standards of this section and all conditional use standards in Subsection E(1) of this section.
(5)
A telecommunications antenna mounted on a proposed support structure is permitted by conditional use in the RO Retail Office District and the LI Limited Industrial District when done in compliance with the standards of this section and all conditional use standards in Subsection E(1) of this section.
[Amended 10-19-2009 by Ord. No. 438]
(6)
A telecommunications antenna mounted on an attachment structure or on a proposed support structure is permitted by conditional use on lots of five acres or more in the R-1 Residential District, R-2 Residential District, R-3 Residential District and R-4 Residential District when done in compliance with the standards of this section and all conditional use standards in Subsection E(1) of this section.
C.
Regulations for telecommunications antennas. The following
regulations apply to all telecommunications antennas:
(1)
A telecommunications antenna shall not be mounted
on any residential dwelling.
(2)
A telecommunications antenna shall not exceed the
height of the structure or building on which it is mounted, such as
existing communications towers, public utility transmission towers,
smoke stacks, water towers, buildings, other existing structures or
proposed communications towers by more than 20 feet.
(3)
An omnidirectional or whip telecommunications antenna
shall not exceed 20 feet in height or seven inches in diameter.
(4)
A directional or panel telecommunications antenna
shall not exceed five feet in height or three feet in width.
(5)
Any applicant proposing a telecommunications antenna
which will be mounted on an existing support structure or an attachment
structure, such as an existing building, shall submit the following:
(a)
Evidence from a Pennsylvania registered professional
engineer certifying that the proposed installation will not exceed
the structural capacity of the building or other structure, considering
wind and other loads associated with the antenna location.
(b)
Detailed construction and elevation drawings
indicating how the antenna will be mounted on the structure, for review
by the Township Code Enforcement Officer for compliance with the Township
building code and other applicable regulations.
(c)
Evidence of agreements and/or easements necessary
to provide access to the building or structure on which the antenna
is to be mounted so that installation and maintenance of the antenna
and telecommunications equipment can be accomplished.
(6)
The installation of a telecommunications antenna not
involving the construction of a new building, a new building addition
or a telecommunications support structure does not require the submittal
of a land development plan.
(7)
The owner or operator of a telecommunications antenna
shall be licensed by the Federal Communications Commission (FCC) to
operate such an antenna.
(8)
One off-street parking space shall be provided for
a telecommunications antenna, telecommunications equipment building
and/or a telecommunications support structure.
(9)
To make the antenna as visually unobtrusive as possible,
the antenna and supporting electrical and mechanical equipment shall
be a neutral color that is identical to, or closely compatible with,
the color of the supporting structure.
D.
Regulations for telecommunications equipment building.
The following regulations apply to all telecommunications equipment
buildings:
(1)
A telecommunications equipment building shall meet
the height and setback requirements for principal buildings in the
zoning district in which the building is located. When a zoning district
contains more than one set of setback requirements, the largest setback
shall apply.
(2)
Landscaping shall be installed to screen the equipment
building from adjacent properties. When an antenna is mounted on an
attachment structure and the equipment is housed inside an existing
building or structure, landscaping shall not be required.
(3)
The design of an equipment building shall, to the
extent possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and surrounding buildings.
(4)
Application for zoning permit shall be accompanied
by a full scaled site plan, including property lines, total lot size,
zoning district boundaries, existing structures, adjacent uses, any
proposed lease lines, proposed location of any equipment building,
proposed access and parking and proposed landscaping.
E.
Regulations for telecommunications support structures.
(1)
A telecommunications antenna or support structure
shall only be permitted by conditional use when the following conditions
have been met:
(a)
The applicant demonstrates, using technological
evidence, that the telecommunications support structure must be located
where proposed in order to satisfy its function in a company's grid
system.
(b)
The applicant demonstrates that it contacted
the owners of tall structures, buildings and towers within a 1/4 mile
radius of the site proposed, asked for permission to install and antenna
on those structures, buildings and towers and was denied for one of
the following reasons:
[1]
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.
[2]
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.
[3]
Such existing buildings, structures or support
structures do not have adequate location, space, access or height
to accommodate the proposed equipment or to allow it to perform its
intended function.
[4]
A commercially reasonable agreement could not
be reached with the owner of such building, structure or support structure.
(c)
The applicant shall demonstrate that the proposed
height of the telecommunications support structure is the minimum
height necessary to perform its function. In no case shall the height
of the telecommunications support structure exceed 150 feet.
(d)
The applicant must demonstrate that the structure
has been designed to blend in with or mimic existing features in the
landscape such as trees, light poles, flagpoles or farm silos.
(2)
Additional regulations.
(a)
Setbacks. The foundation and base of any telecommunications
support structure shall be set back from property lines (not lease
lines) by the largest of the following:
[1]
The minimum building setback in the underlying
zoning district.
[2]
One hundred feet from the residential property
lines and any residential district boundary.
[3]
Fifty feet from other property lines.
[4]
One hundred feet from all property lines when
located in the R-1 Residential District, R-2 Residential District,
R-3 Residential District or R-4 Residential District.
(b)
Height. The maximum height of a telecommunications
support structure shall not exceed 150 feet.
(c)
In order to reduce the number of telecommunications
support structures needed in Upper Pottsgrove Township in the future,
a proposed telecommunications support structure shall be designed
to accommodate a minimum of two other users, including other commercial
wireless telecommunications companies and local police, fire and ambulance
companies.
(d)
All support structures shall be designed to
blend in with or mimic existing features in the landscape, such as
trees, light poles, flagpoles or farm silos.
(e)
All support structures shall be fitted with
anticlimbing devices as approved by the manufacturers.
(f)
Fencing. A security fence shall be required
around the telecommunications support structure and other equipment.
The fence shall be a minimum of six feet in height and shall not exceed
eight feet in height.
(g)
Landscaping. Landscaping shall be installed
to mitigate for the visual impact of a telecommunications support
structure. Such landscaping shall meet the following requirements:
[1]
Landscaping shall be installed to screen and
buffer the support structure and any ground level features, such as
an equipment building, from adjacent properties.
[2]
The landscape screen shall be a minimum height
of six feet at planting and shall grow to a minimum of 15 feet at
maturity.
[3]
Existing vegetation on and around the site shall
be preserved to the greatest extent possible.
[4]
The Township may permit a combination of existing
vegetation, topography, walls, decorative fences or other features
when it achieves the intent of this section.
(h)
All guy wires associated with a guyed telecommunications
support structure shall be clearly marked so as to be visible at all
times and shall be located within a fenced enclosure. Guy wires and
their anchors shall be set back at least 25 feet from property lines.
(i)
No signs or lights shall be mounted on a telecommunications
support structure, except as may be required by the Federal Communications
Commission (FCC), Federal Aviation Administration (FAA), another governmental
agency which has jurisdiction or which may be needed for emergency
repair.
(j)
Access shall be provided to the telecommunications
support structure and telecommunications equipment building by means
of a public street or easement to a public street. The easement shall
be a minimum of 20 feet in width and shall be improved to a width
of at least 10 feet with a paved driveway for its entire length.
(k)
A telecommunications support structure may occupy
a leased area within a lot, provided that the lease area is a minimum
of 5,000 square feet.
(l)
The applicant shall submit a copy of its current
Federal Communications Commission license, the name, address and emergency
telephone number of the operator of the support structure and a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering the telecommunications
support structure and telecommunications antennas.
(m)
The applicant shall submit certification from
a Pennsylvania registered professional engineer that a proposed telecommunications
support structure will be designed and constructed in accordance with
the current structural standards for steel antenna towers and antenna
support structures, published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of Upper Pottsgrove
Township's Building Code.[1]
(n)
Inventory. The applicant shall provide to the
Township an inventory of its existing telecommunications support structures
and antenna sites approved for telecommunications support structures
or antennas, that are either within the jurisdiction of the Township
or within one mile of the border thereof, including specific information
about the location, height and design of each support structure. The
Township may share such information with other applicants applying
for a permit or conditional use under this section seeking to locate
antenna(s) or telecommunications support structures within the Township;
provided, however, that the Township is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(o)
Inspections. By July 1 of each year, an inspection
shall be performed by an independent registered professional engineer
acceptable to the Township and paid by the owner or operator. Verification
shall be provided to the Township Zoning Officer that there have been
no changes in the operating characteristics of the telecommunications
support structure since the issuance of the zoning permit for the
facility including at a minimum:
[1]
Direction of signal.
[2]
Frequency, modulation and class of service.
[3]
Transmission and maximum effective radiated
power.
[4]
Manufacturer, type and model of equipment.
[5]
Height of the support structure and antennas.
[6]
Name, address and emergency telephone number
of the operator.
[7]
Copy of the current FCC license.
[8]
Review of all reasonable requests of shared
use of the support structure.
(p)
Any wireless telecommunications facility that
is no longer a licensed and active receiving or transmitting facility
shall be removed at the owner's expense within 60 days of the last
date that the facility was licensed by the FCC. If there are two or
more users of a single support structure, this provision shall not
become effective until all users cease using the support structure.
Furthermore, prior to construction of any facility, a bond or escrow
account shall be posted with the Township in an amount sufficient
to ensure such removal. The bond or escrow shall be used by the Township
in the event that the owner or operator of the telecommunications
support structure fails to remove the facility within the time period
prescribed above. Any portion of the bond or escrow not used by the
Township shall be returned to the owner or operator.
(q)
An application for a zoning permit shall be
accompanied by a full scaled site plan, including property lines,
total lot size, zoning district boundaries, existing structures, adjacent
uses, proposed lease lines, proposed location of the support structure
and equipment building, proposed access and parking and proposed landscaping.
(r)
Residential districts. In addition to the above
requirements, a telecommunications support structure located in the
R-1 Residential District, R-2 Residential District, R-3 Residential
District or R-4 Residential District shall meet the following requirements:
[1]
The lot shall remain a single and separate lot.
The lot shall not be subdivided until such time that the telecommunications
support structure is dismantled and removed.
[2]
Improvements to any lot containing an existing
building at the time of the construction or installation of the telecommunications
support structure and any associated equipment shall be permitted
in accordance with the following:
[a]
Uses accessory to the existing building shall be permitted in accordance with this chapter and Chapter 310, Subdivision and Land Development.
[b]
An existing building which conforms
to the requirements of the zoning district in which it is located
shall be permitted to expand the total floor area of the building
by a maximum of 25%, provided that the expansion shall not exceed
500 square feet and that the expansion meets all the requirements
of the zoning district in which it is located. The existing building
shall only be expanded one time.
[c]
Except as permitted in Subsection
E(2)(r)[2][a] and [b], above, no other improvements to a lot shall
be permitted.
[Added 8-13-2000 by Ord. No. 311]
A.
Intent. The Township of Upper Pottsgrove has determined
that adult entertainment uses frequently have secondary effects which
can have a negative impact upon the health, safety and welfare of
Township residents. These situations include difficulties with law
enforcement, municipal maintenance, trash, negative effects on business
and residential property values, increased crime, corruption of the
morals of minors, and prostitution. The Township of Upper Pottsgrove
considers that limiting the location of adult entertainment uses is
a legitimate and reasonable means of addressing the secondary effects
of such uses without affecting or suppressing any activities protected
by the First Amendment of the United States Constitution.
B.
ADULT ARCADE
ADULT BOOKSTORE
(1)
(a)
(b)
(2)
ADULT CABARET, DANCE HALL, PRIVATE CLUB, TAVERN, NIGHTCLUB,
RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT
ADULT ENTERTAINMENT
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
NUDITY
PEEP SHOWS
SEMINUDITY
SEXUAL ENCOUNTER CENTER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms have the meanings indicated:
Any place to which the public is permitted or invited to
operate still or motion-producing devices which show images to five
or fewer persons per machine any one time and where the image so displayed
or distinguished or characterized depicts or describes specified anatomical
areas or specified sexual activities.
Any commercial establishment which, as one of
its principal business purposes, offers for sale or rental for any
form of consideration any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, video cassettes or
video productions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as an adult bookstore
or adult video store. Such other business purposes will not serve
to exempt such commercial establishments from being categorized as
an adult bookstore or adult video store so long as one of its principal
business purposes is offering for sale or rental for consideration
the specified material which depict or describe specified sexual activities
or specified anatomical areas.
Any type of establishment offering adult entertainment which
presents material distinguished or characterized by an emphasis on
matter depicting or describing specific sexual activities or specified
anatomical areas, for observation by patrons therein. Such presentations
or material may be live or through films, motion pictures, video cassettes,
slides or other means of photographic reproduction.
Live or nonlive entertainment containing specified sexual
activities or displaying or presenting specified anatomical areas.
This definition is a broad overall definition which includes the activities
of adult arcades/cabarets/dance halls/private clubs/bars/gentlemen's
bars/taverns/adult bookstores, adult video stores, adult mini-motion-picture
theaters and peep shows, adult motels and sexual encounter centers
as part of its definition for adult entertainment.
A hotel, motel or similar commercial establishment which
offers accommodation to the public for any form of consideration;
provides patrons with closed circuit television transmission, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas.
A structure used for presenting material distinguished or
characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas for observation
by patrons therein.
The appearance of the specified anatomical area without any
covering on the body area.
Any structure which houses a commercial establishment with
the capacity for one or more persons, used for presenting material
distinguished or characterized by an emphasis on matter depicting
or describing specified sexual activity or specified anatomical areas
for observation by parties therein.
State of dress in which clothing partially or transparently
covers the specified anatomical areas.
A business or commercial enterprise that as one of its primary
business purposes offers physical contact in the form of wrestling
or tumbling between persons of the opposite sex; or activities between
two or more persons when one or more of the persons is in a state
of nudity or seminudity.
Human genitals, pubic region, anus, buttocks, female breasts
below the top of the areola or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
Activities which include any of the following:
C.
Classification. Adult entertainment uses are classified
as any of the following activities:
(1)
Adult arcade.
(2)
Adult cabaret, dance hall, private club, bar, tavern,
nightclub, restaurant or similar commercial establishment.
(3)
Adult material sales, including adult bookstore and
adult video store.
(4)
Adult motion-picture theater.
(5)
Adult motel.
(6)
Peep shows.
(7)
Sexual encounter center.
D.
Development regulations. All adult entertainment uses
shall meet the following conditions:
(1)
Adult entertainment uses shall not be located in any
zoning district except for the LI Limited Industrial District, where
they are permitted as a conditional use.
(2)
No adult entertainment use shall be located within
300 feet of an R-1 Residential, R-2 Residential, R-3 Residential or
R-4 Residential District.
(3)
No adult entertainment use shall be located within
700 feet of a church or place of worship, school, child day-care facility,
playground or park.
(4)
No adult entertainment use shall be located within
750 feet of another adult entertainment use.
(5)
For the purpose of this section, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
containing the adult entertainment use to the nearest property line
of the premises of a church or place of worship, school, child day-care
facility, park, playground or the nearest boundary of a residential
zoning district.
(6)
No adult entertainment use shall be considered to be a permissible change of use, in conformance with Article XVIII, Nonconforming Buildings, Structures, Uses and Lots, unless the subject property is located in the district where adult uses are permitted and it can be shown to comply with the regulations, standards and criteria of this section.
(7)
Adult uses shall be housed in completely enclosed
buildings, designed and used in a manner which prevents the viewing
of adult use activities or materials from outside the building.
(8)
No exterior display of products, activities or shows shall be permitted except for a sign. In lieu of the sign requirements contained in § 350-139 of this chapter, a sign for an adult entertainment use shall meet the following requirements:
(a)
The sign shall not contain any graphic illustrations
of nudity, seminudity, specified anatomical areas or specified sexual
activity as defined herein.
(b)
The area of the sign shall not exceed 40 square
feet.
(c)
The height of the sign shall not exceed 20 feet.
(d)
Not more than one sign shall be erected on any
single and separate property.
(e)
Off-premises advertising signs for an adult
entertainment use shall not be permitted.
(9)
If any portion of a use meets the definition of "adult
entertainment use," except for limited sale of adult materials as
listed under the "adult bookstore" definition, then that portion must
comply with the requirements of this section.
E.
Permit.
(1)
Any person who operates an adult entertainment use,
as defined herein, is required to obtain a permit from the Township
to operate such use. Each permit shall expire one year from the date
of issuance and may only be renewed by making application for a new
permit.
(2)
The annual fee for an adult entertainment use permit
shall be set by the Upper Pottsgrove Board of Commissioners.
(3)
The application for an adult entertainment use permit
shall include a sketch or diagram of the configuration of the premises
and a list of all individuals who have a 10% or greater interest in
the adult use and any other information deemed necessary by the Zoning
Officer.
(4)
The Township shall deny initial applications for a
permit if any one of the following conditions is found to be true:
(a)
The applicant is under 18 years of age.
(b)
An applicant or the spouse of an applicant is
delinquent in payment of any moneys owed to the Township.
(c)
The premises for the adult entertainment use
have been disapproved by the Fire Marshal or Building Inspector.
(d)
An applicant, any individual or corporation
having a direct interest of 10% or greater in the adult entertainment
use or the person in charge of the operation of the business have
been convicted of an offense involving sexual misconduct within the
Commonwealth of Pennsylvania or convicted of any offense in any other
jurisdiction that would have constituted an offense involving sexual
misconduct if committed within the Commonwealth of Pennsylvania.
F.
Expiration and renewal of permit.
(1)
Each permit shall expire one year from the date of issuance and may only be renewed by meeting the application requirements for permits outlined above in Subsection E(3). Applications for renewal shall be made at least 30 days before the expiration date.
(2)
Permits shall not be renewed during a suspension or
revocation time period.
G.
Inspection. The applicant or permittee shall permit
the Township Police Department, Fire Marshal, Building Inspector,
Zoning Officer or other Township official to inspect the premises
of the adult entertainment use to ensure compliance with the law at
the time that the use is open for business.
H.
Suspension. The Zoning Officer shall suspend a permit
for not more than 30 days if he/she finds that the permittee or an
employee has violated any subsection of this section, refused to allow
inspections as authorized by this section or has knowingly permitted
gambling by any person on the adult entertainment use premises.
I.
Revocation. The Zoning Officer shall revoke a permit if a cause of suspension occurs and the permit has been suspended within the preceding 12 months. Further, the Zoning Officer shall revoke a permit if any of the conditions set forth in Subsection E(4) are found to be true, if any information submitted for the permitting process is found to be false, if the permittee or an employee has knowingly allowed the possession, use or sale of controlled substances on the premises, allowed prostitution on the premises or allowed any act of sexual contact to occur in or on the premises. When the Zoning Officer revokes a permit, the revocation shall continue for a period of one year from the date of revocation.
