Township of Hellam, PA Zone Regulations

Purpose.

The primary purpose of the Rural Agricultural Zone is to provide the opportunity to maintain the agricultural basis of the Township and the most productive soils for agricultural use and thus discourage the excessive conversion of farmland to nonagricultural use and protect the farmer from adverse impacts from the intrusion of nonfarm uses into agricultural areas. By establishing the Rural Agricultural Zone, the Board of Supervisors further intends to protect and stabilize the Township's agricultural economy by prohibiting uses that are incompatible with farming while permitting agricultural support businesses. The provisions of this article are specifically formulated to further the objectives of the Municipalities Planning Code[1] that zoning ordinances shall be designed to preserve prime agricultural land and farm land considering topography, soil type and classification, and present use. The Rural Agricultural Zone serves several important purposes in the Township. Division of parcels within this zone is strictly limited so as to minimize development of productive farmland and disturbance of natural and historic resources. Residential uses are severely limited, and any future inhabitants in this district must be willing to accept the impacts associated with normal farming practices. Owners, occupants and users of property within this district must be prepared to accept such impacts from agricultural operations and are hereby put on official notice that Section 4 of Act 133 of 1982, as amended, known as the Right to Farm Law[2] and Sections 311 through 318 of the Agriculture, Communities and Rural Environment Act (ACRE) of 2005, as amended, 3 Pa.C.S.A. § 311 through 318, may bar them from obtaining a legal judgment against such agricultural operations.

[Amended 8-21-2008 by Ord. No. 2008-07; 4-15-2010 by Ord. No. 2010-01; 8-15-2019 by Ord. No. 2019-04]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor's Note: See 3 P.S. § 951 et seq.

(2)

Another equally important purpose of the Rural Agricultural Zone is to preserve and protect the Township's sensitive environmental and cultural features. This is consistent with the authority granted by the Pennsylvania Municipalities Planning Code, which requires zoning ordinances to "promote, protect and facilitate the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers, and floodplains." Included within this Zone is a combination of sensitive environmental features, including wetlands, stream corridors, unique geologic formations, important animal and plant habitats, woodlands which serve as groundwater recharge areas and connecting woodland corridors important to ecosystem health and maintenance.

[Added 8-21-2008 by Ord. No. 2008-07]

(3)

(Reserved)[3]

[3]

Editor’s Note: Former Subsection A(3), regarding overlay districts, was repealed 8-15-2019 by Ord. No. 2019-04.

(4)

The Board of Supervisors further intends the design requirements of this section to protect and assure the availability of reliable, safe and adequate water supplies to support the intended land use within the capacity of the available water resources. The Rural Agricultural Zone is not provided with public water service or public sewer service. All uses will be served from groundwater. The Township has experienced severe drought, and the Board of Supervisors is aware that existing wells have gone dry. The Board of Supervisors is also aware that areas of the Township within the Rural Agricultural Zone have soil and rock formations which have low water yields even when there is no drought. Larger lot areas and lower density of development are necessary to enable sufficient groundwater recharge to serve existing and new uses in the Rural Agricultural Zone. The Board of Supervisors is also aware, as demonstrated by well tests, that areas of the Township have groundwater which is contaminated by nitrogen-nitrates. The PA DEP has recommended that the Township take action to improve the quality and safety of groundwater supplies. Larger lot areas are necessary for the dispersions of nitrates from sewage disposal systems installed to serve new dwellings and other uses to ensure groundwater quality.

(5)

In addition, those portions of the Rural Agricultural Zone which are also included in the TDR Sending Overlay District shall be subject to the requirements of § 490-23 and Article VIII of this chapter.

[Added 1-17-2008 by Ord. No. 2008-02]

Permitted uses.

(1)

Accessory recreational uses associated with a business or industry;

(2)

Agriculture;

[Amended 8-15-2019 by Ord. No. 2019-04]

(3)

Agricultural operations;

[Added 8-15-2019 by Ord. No. 2019-04[4]]

[4]

Editor's Note: Former Subsection B(3) through (13) was redesignated as Subsection B(4) through (14) pursuant to this ordinance.

(4)

Day-care facilities, family;

(5)

Greenhouses and nurseries;

(6)

Municipal use;

(7)

No-impact home-based business;

(8)

Public parks and playgrounds;

(9)

Public utilities structures, with the exception of public sewer and water plants and lines;

(10)

Repair of small goods;

(11)

Roadside stands;

(12)

Single-family detached dwellings;

(13)

Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following:

(a)

Family day-care facilities, as defined herein;

(b)

Manure storage facilities as an accessory use to a farm, provided that construction and subsequent operation of the waste storage facility shall be in accordance with all applicable state and federal regulations;

(c)

Processing of farm products, subject to the following:

[1]

The processing facility can be located on the same lot and accessory to the principal use of the site;

[Amended 8-15-2019 by Ord. No. 2019-04]

[2]

All of the materials to be processed have been grown or raised on the subject property;

[3]

No retail sales of products shall be permitted except roadside stands as provided in § 490-25I;

[Amended 8-21-2008 by Ord. No. 2008-07]

[4]

All processing activities shall be conducted within a completely enclosed building which is located behind the principal residence building setback line and complies with all principal use setbacks;

[5]

(Reserved)[5]

[5]

Editor’s Note: Former Subsection B(13)(c)[5], which prohibited various nuisances from crossing property lines, was repealed 8-15-2019 by Ord. No. 2019-04.

[6]

All off-street parking and loading areas shall be contained behind the principal residence.

(d)

Roadside stands, as an accessory use to a farm.

[Amended 1-18-2007 by Ord. No. 2007-01[6]]

[6]

Editor's Note: This ordinance also repealed Subsection E, which immediately followed this subsection.

(14)

Winery, Type A. Permitted if it is secondary and subordinate to agriculture on the same parcel of land which is being utilized for agriculture, provided the specific criteria in § 490-130.1 are met.

[Added 1-16-2014 by Ord. No. 2014-01]

Conditional uses (subject to the requirements listed in Articles IV and VII of this chapter).

[Amended 1-18-2007 by Ord. No. 2007-01]

(1)

Accessory uses customarily incidental to the above conditional uses;

(2)

Agricultural research lab;

(3)

Airports/heliports;

(4)

Animal hospitals and kennels;

Bed-and-breakfasts;

Campgrounds;

Cemeteries;

Churches and related uses;

(9)

(Reserved)[7]

[7]

Editor’s Note: Former Subsection C(9), Communication antennas on existing structures, was repealed 12-6-2018 by Ord. No. 2018-09.

(10)

Secondary farm occupations;

[Amended 8-15-2019 by Ord. No. 2019-04]

(11)

Farm-related businesses;

(12)

Farmers market and/or flea market;

(13)

Golf courses and driving ranges;

(14)

Home occupations;

(15)

(Reserved)[8]

[8]

Editor's Note: Former Subsection C(15), intensive animal operations, was repealed 10-15-2020 by Ord. No. 2020-02.

(16)

Land application of sewage sludge;

(17)

Personal care facility;

(18)

Private clubs;[9]

[9]

Editor's Note: Former Subsection 19, Retail Sales in Rural Agricultural Zone (R-A), which immediately followed this subsection, was repealed 1-17-2008 by Ord. No. 2008-02.

Riding stables;

Rural occupations;

Sawmills;

Schools, private and public;

(23)

(Reserved)[10]

[10]

Editor’s Note: Former Subsection C(23), Septage and spent mushroom compost processing and/or commercial mushroom operations, was repealed 8-15-2019 by Ord. No. 2019-04.

(24)

Shooting range, outdoor;

(25)

Stockyards and feedlots;

(26)

Two-family conversions;

(27)

Waste handling facilities, principal; and

(28)

Wholesale produce and tobacco auctions;

(29)

Wind energy facility;

[Added 1-17-2008 by Ord. No. 2008-02]

(30)

Winery, Type B.

[Added 1-16-2014 by Ord. No. 2014-01]

(31)

Tower-based wireless communications facilities (WCF).

[Added 12-6-2018 by Ord. No. 2018-09]

(32)

Wireless communications facilities (WCF) on existing structure.

[Added 12-6-2018 by Ord. No. 2018-09[11]]

[11]

Editor's Note: Former Subsection C(31) and (32) was redesignated as Subsection C(33) and (34) pursuant to this ordinance.

(33)

Accessory dwelling.

[Added 7-16-2015 by Ord. No. 2015-03]

(34)

Event venue.

[Added 10-4-2018 by Ord. No. 2018-06]

Limitations on subdivision/land development.

(1)

Single-family detached dwellings.

(a)

The number of lots which may be subdivided from a larger tract into lots for single-family detached dwellings shall be determined as follows:

[Amended 1-18-2007 by Ord. No. 2007-01]

[1]

Initial determination of the size of qualified land in parent tract acreage that was held by the landowner or his/her predecessor in title on December 15, 2016 (eligible parent tract acreage).

[Amended 12-15-2016 by Ord. No. 2016-03]

[2]

The eligible parent tract acreage shall then be reduced by any and all of the following:

[a]

Easements for roads, utilities, drainage or access.

[b]

Steep slopes greater than 25%.

[c]

Delineated wetlands and floodplain areas.

[d]

Areas prohibited from development by deed restrictions or agreement.

[e]

Land located in any other zoning district.

[3]

For the land which meets the above qualifications, there may be the following creation of new single-family detached lots by the following requirements:

[Amended 4-15-2010 by Ord. No. 2010-01; 12-15-2016 by Ord. No. 2016-03]

Size of Qualified Land in Parent Tract *(acres)**	Number of Lots Permitted to Be Subdivided for Single-Family Detached Dwelling Units
Less than 15	0
15-30	1
31-50	2
51-70	3
71-90	4
91-110	5
111-130	6
131-150	7
151-170	8
171-190	9
191-210	0 parcels of this size currently exist
211-230	0 parcels of this size currently exist
231 and over	10% of total acres in 2.5-acre lots

Notes:
*	Rounded down to the last whole acre.

(b)

A subdivision, the sole purpose of which is to provide for a lot add-on, where both the tract from which the land is taken, and the tract to which the land is added, comply with the lot area requirements in the following sections, shall not be included when computing the permissible number of lots that may be subdivided from a tract as set forth in the preceding subsection.

(c)

Any subdivision or land development plan hereafter filed with the applicable approving body for subdivision or land development of a parent tract shall specify which lot or lots shall carry with it a right of further subdivision or establishment of principal uses, if any such right remains from the quota allocated to the parent tract on December 15, 2016, or on the date when such land was first included within the Rural Agricultural Zone. The right of further subdivision or establishment of principal uses shall also be included in the deed for the newly created lot. If the designation of the right of further subdivision or establishment of principal uses was not included on a subdivision or land development plan of a parent tract, it shall be conclusively presumed that the largest lot remaining after subdivision shall carry the right of further subdivision or establishment of principal uses.

[Amended 12-15-2016 by Ord. No. 2016-03]

(d)

The number of lots that may be created or principal uses that may be established shall be fixed according to the size of the parent tract. This number shall not be increased by the subdivision of such parent tract. Any subsequent owner shall be bound by the actions of his predecessor.

(e)

[Amended 1-17-2008 by Ord. No. 2008-02]

(2)

The applicant shall have the burden of proving that the land he/she seeks to subdivide and utilize for single-family detached dwellings meets all of the above criteria.

[Added 1-18-2007 by Ord. No. 2007-01]

(3)

All other uses. No subdivision shall be permitted unless a parcel is divided into or among two or more farms which will after transfer each contain 50 acres or more of land. This shall not prevent a parcel containing less than 50 acres from transferring land to another farm.

[Added 1-18-2007 by Ord. No. 2007-01; amended 12-6-2018 by Ord. No. 2018-10]

Density bonus. As part of its review of a subdivision plan under the provisions of the Hellam Township Subdivision and Land Development Ordinance,[12] the Board of Supervisors may, at its complete discretion, award a density bonus providing for up to one additional lot for each 25 acres of contiguous land contained in the parent tract that achieves any of the following features. The Board of Supervisors shall consider the award of a density bonus only to the extent it is proportionate to the public benefit derived from the provision of the following:

[Amended 4-14-2010 by Ord. No. 2010-01; 12-15-2016 by Ord. No. 2016-03]

(1)

Provision of greater-than-required protection of natural and cultural features as identified in § 430-17E of Chapter 430, Subdivision and Land Development. The areas or features given greater than required protection shall be documented and mapped accurately using the procedures described in § 430-17C(1) and E of Chapter 430, Subdivision and Land Development. Deed covenants shall not be accepted as greater-than-required protection;

(2)

Donation of perpetual easements for identified sensitive environmental features or areas with severe development constraints to a private not-for-profit or public agency. Deed covenants shall not be accepted as a replacement for the donation of a perpetual easement;

(3)

Creation of a linear trail along a stream, railroad bed, utility easement, hillcrest, scenic road, or other area desired by Township officials;

(4)

Creation of walkway, bike trail or other linkages between the proposed development and adjacent and nearby parks, schools and other community and commercial uses;

(5)

Provision of on-site noncommercial recreational facilities;

(6)

Provision of public access to and use of on-site amenities; and

(7)

Rehabilitation of identified historic structures and archaeological features.

[12]

Editor's Note: See Ch. 430, Subdivision and Land Development.

Lot area requirements. Unless otherwise specified, all uses within this zone shall contain a minimum lot area of two acres and a maximum lot area of 2 1/2 acres. However, the lot sizes may be increased, if needed, to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by the provisions contained in Article III of this chapter, or to allow for the proper dilution of nitrates if the need is demonstrated in a hydrogeological study as prepared in accordance with PA DEP requirements.

[Amended 4-15-2010 by Ord. No. 2010-01]

Maximum permitted height.

(1)

Principal buildings and structures: 35 feet.

(2)

Accessory buildings and structures: 20 feet.

Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with Article III of this chapter. All access drives serving other uses shall be in accordance with Article III of this chapter. All lanes exclusively serving agricultural activities shall be exempt from driveway and access drive requirements.

[Amended 8-15-2019 by Ord. No. 2019-04]

Agricultural nuisance disclaimer. All lands within or abutting the Rural Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Owners, occupants, and users of this property should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, the Right to Farm Law,[13] may bar them from obtaining a legal judgment against such normal agricultural operations.

[13]

Editor's Note: See 3 P.S. § 951 et seq.

Agricultural setback requirement. On any separate nonfarm parcel, no shrub shall be planted, and no accessory residential structures or fences shall be placed within 10 feet of any land used for agricultural purposes. Similarly, no tree shall be planted within 30 feet of any land used for agricultural purposes.

Stormwater. All agricultural uses shall be conducted so as to minimize the conveyance of stormwater off the site.

[Amended 8-15-2019 by Ord. No. 2019-04]

Lot design and access requirements. In addition to all other requirements of this article, any lot created within the Rural Agricultural Zone shall meet all of the following requirements.

(1)

Each lot shall be located so that the remainder of the tract from which such lot is subdivided shall be configured in a manner to best facilitate agricultural operations on the remainder and, to the maximum extent feasible, contain the soils of the highest agricultural land capability.

(2)

To the maximum extent feasible, each lot shall be located so that the remainder of the tract from which such lot is subdivided shall be configured in a manner to best facilitate agricultural operations on the remainder and, to the maximum extent feasible, contain the soils of the highest agricultural land capability.

(3)

Each lot shall be located in a manner to cluster residential lots and minimize division of or barriers within agricultural or open space lands.

(4)

For any new lot to be created, or for any existing lot to be developed or built upon in any way which is located in woodlands within the Restricted Overlay District, continuous canopy, or in woodlands reservations delineated on the Official Map of Hellam Township, written documentation and supporting illustrations drawn to scale specifically setting forth, in acres or square feet, the amount of proposed alterations to the woodlands, shall be required and the percent disturbed area shall be calculated. The method of calculation of this percentage shall also be shown. The altered or disturbed area shall include, but not be limited to, the proposed building site, parking areas, access drive or driveway, stormwater retention basins and any other significant or accessory facilities. If the amount of woodlands to be altered is shown to be greater than 20%, a description of the means by which the proposed alteration will have the least impact on the biological and hydrological function and biodiversity of the woodlands is required.

[Added 8-21-2008 by Ord. No. 2008-07]

Table of Dimensional Requirements — Rural Agricultural Zone [Amended 1-18-2007 by Ord. No. 2007-01]
	Minimum Lot Width				Required Setbacks
Building Type	Minimum Lot Area (acres)	At Building Line (feet)	At Street Right-of-Way (feet)	Maximum Lot Coverage	Front Setback³ (feet)	Each Side Setback (feet)	Rear Setback (feet)
All uses	2¹	200	110	15%	40	30	60
Accessory buildings and structures	N/A	N/A	N/A	Included in above	100²	20	20

NOTES:
¹	The minimum required lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by Article III of this chapter.
²	No accessory building and structure (except a permitted sign) shall be located within the front yard, unless it is set back at least 100 feet from the street right-of-way.
³	Buildings (including residential and nonresidential buildings) along major thoroughfares must be set back at least 50 feet from the right-of-way line of such thoroughfare. Major thoroughfares shall be any arterial, major collector, or minor collector street as specified in the Comprehensive Plan.

For land application of sewage sludge as fertilizer or soil amendment see Chapter 380, Article V.

[Added 8-15-2019 by Ord. No. 2019-04]

§ 490-13 Residential Zone (R).

Purpose. The purpose of the Residential Zone is to accommodate a full range of housing types and densities in areas which either have or are planned to have access to public utilities (primarily public sewer and water), and are adjacent to or extensions of existing residential areas of similar density. A Village Overlay District is provided within the Residential Zone, which utilizes a comprehensive set of design standards, including density bonuses, and allows effective mixed-use zoning, including a variety of residential types and densities in combination with neighborhood-oriented civic and commercial uses. Development within this Zone will require the use of public water and public sewer.

Permitted uses.

(1)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection A(1), permitting agricultural uses, was repealed 8-15-2019 by Ord. No. 2019-04.

(2)

Day-care facilities, family;

(3)

Municipal use;

(4)

No-impact home-based business;

(5)

Public parks and playgrounds;

(6)

Public uses and public utilities structures;

(7)

Single-family detached dwellings;

(8)

Single-family semidetached dwelling; and

(9)

Accessory uses customarily incidental to the above permitted uses.

Special exception uses. (Subject to the requirements listed in Articles IV and VI of this chapter.)

(1)

Bed-and-breakfasts;

(2)

Boarding houses;

(3)

Churches and related uses;

(4)

Home occupations;

(5)

Mobile home parks;

(6)

Multiple-family dwelling or multiple townhouses on a single lot;

(7)

Townhouses; and

(8)

Two-family conversions.

(9)

Accessory dwelling.

[Added 7-16-2015 by Ord. No. 2015-03]

Conditional uses. (Subject to the requirements listed in Articles IV and VII of this chapter.)

(1)

Agriculture, subject to the requirements of § 490-12 of this chapter;

[Added 8-15-2019 by Ord. No. 2019-04]

(2)

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

[Added 8-15-2019 by Ord. No. 2019-04[2]]

[2]

Editor's Note: Former Subsection D(1) through (7) was redesignated as Subsection D(3) through (9) pursuant to this ordinance.

(3)

Day-care facilities, commercial;

(4)

Golf courses and driving ranges;

(5)

Medical residential campuses;

(6)

Personal care facility;

(7)

Schools, private and public;

(8)

Village overlay developments; and

(9)

Accessory uses customarily incidental to the above conditional uses.

Minimum lot area requirements. Unless otherwise specified, all uses within this zone shall contain a minimum lot area of 12,000 square feet; however, the minimum required lot size may be decreased, in accordance with Article VIII of this chapter, if development rights are used.

Agricultural setback requirements. On any separate nonfarm parcel, no shrub shall be planted, and no accessory residential structures or fences shall be placed within 10 feet of any land used for agricultural purposes. Similarly, no tree shall be planted within 30 feet of any land within the Rural Agricultural Zone. Nothing in this section shall be construed to relieve the applicant from meeting the landscaping requirements contained in this chapter.

Maximum permitted height.

(1)

Principal buildings and structures: 35 feet.

(2)

Accessory buildings and structures: 20 feet.

Required utilities. All uses permitted within the Residential Zone shall be served by public water and public sewer.

§ 490-14 Mixed-Use 1 Zone (MU-1).

Purpose. The Mixed-Use 1 (MU-1) Zone is intended to provide for the development of compatible residential and commercial uses which do not require public sewer and/or water in areas where such uses already exist.

[Amended 1-18-2007 by Ord. No. 2007-01]

Permitted uses.

[Amended 1-18-2007 by Ord. No. 2007-01]

(1)

Agriculture subject to the requirements of § 490-12 of this chapter;

[Amended 8-15-2019 by Ord. No. 2019-04]

(2)

Day-care facilities, family;

(3)

Municipal use;

(4)

No-impact home-based business;

(5)

Public parks and playgrounds;

(6)

Public uses and public utilities structures;

(7)

Roadside stands as an accessory use to a farm;

(8)

Single-family dwellings;

(9)

Accessory uses customarily applicable to the above permitted uses.

Conditional uses (subject to the requirements listed in Articles IV and VII of this chapter)

[Amended 1-18-2007 by Ord. No. 2007-01]

(1)

Agricultural operations subject to the requirements of § 490-12 of this chapter:

[Added 8-15-2019 by Ord. No. 2019-04[1]]

[1]

Editor's Note: Former Subsection C(1) through (19) was redesignated as Subsection C(2) through (20) pursuant to this ordinance.

(2)

Bed-and-breakfast;

(3)

Churches and related uses;

(4)

Farm-related businesses;

(5)

Home occupations;

(6)

Motels up to 14 units;

(7)

Personal care facility. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

[Amended 12-15-2016 by Ord. No. 2016-03]

(8)

Personal services, including barber and beauty shops and tanning salons, dry cleaning and laundry pickup/dropoff facilities, music, art or photographic studios, and repair of small goods;

(9)

Professional office building. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

[Amended 12-15-2016 by Ord. No. 2016-03]

(10)

Public transportation depot;

(11)

Retail sales business, excluding adult-related uses. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

[Amended 12-15-2016 by Ord. No. 2016-03]

(12)

Retail service business. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

[Amended 12-15-2016 by Ord. No. 2016-03]

(13)

Two-family conversions;

(14)

Warehousing and wholesale trade business. Lots which have frontage on Lincoln Highway will have a maximum building size of 15,000 square feet. All other properties in the Mixed-Use 1 Zone will have a maximum building size based upon what the lot size allows.

[Amended 12-15-2016 by Ord. No. 2016-03]

(15)

Wholesale greenhouses and nurseries;

(16)

Accessory uses customarily incidental to the above conditional uses.

(17)

Accessory dwelling.

[Added 7-16-2015 by Ord. No. 2015-03]

(18)

Event venue.

[Added 10-4-2018 by Ord. No. 2018-06]

(19)

Tower-based wireless communications facilities (WCF).

[Added 12-6-2018 by Ord. No. 2018-09]

(20)

Wireless communications facilities (WCF) on existing structure.

[Added 12-6-2018 by Ord. No. 2018-09]

Minimum lot area requirements. Unless otherwise specified, all uses within this zone shall contain a minimum lot area of two acres.

Maximum permitted height.

[Amended 1-18-2007 by Ord. No. 2007-01]

(1)

Principal buildings and structures: 35 feet.

(2)

Accessory buildings and structures: 20 feet.

Adequacy of sewage disposal. All users permitted within this zone shall be required to furnish written documentation of PA DEP planning module approval or acceptance of sewage planning waiver.

Outdoor storage. Outdoor storage, where permitted, shall be screened from adjoining roads and properties, and comply with all of the setbacks of this section.

Off-street loading. Off-street loading shall be provided as specified in Article III of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing an existing adjoining residential use, nor any side of a building facing an adjoining street.

Landscaping. A twenty-foot-wide landscape buffer planting strip A shall be provided along all property lines. Street trees shall be provided along any street frontage. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses. Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas and walkways shall be maintained with a vegetative ground cover, meadow and/or other ornamental plantings. A buffer must be provided for all nonresidential uses along any lands adjoining the Residential or Rural-Agricultural Zones, or where adjoining an existing residential use pursuant to § 280-11. Landscaping and screening requirements are set forth in Ch. 280, Landscaping.

[Amended 10-17-2019 by Ord. No. 2019-07]

Waste products. All trash dumpsters shall be located within a side or rear yard, set back at least 50 feet from any adjoining lands within the Residential or Rural-Agricultural Zones or where adjoining an existing residential use, and at least 15 feet from all other adjoining property lines. All trash dumpsters shall comply with the screening requirements contained in Ch. 280, Landscaping.

[Amended 10-17-2019 by Ord. No. 2019-07]

Table of Dimensional Requirements — Mixed-Use 1 Zone [Amended 1-18-2007 by Ord. No. 2007-01; 12-15-2016 by Ord. No. 2016-03]
	Minimum Lot Width		Maximum Lot Coverage		Required Setbacks¹
Building Type	At Building Line (feet)	At Street Right-of-Way (feet)	Without TDRs	With TDRs	Front Setback³ (feet)	Each Side Setback (feet)	Rear setback (feet)
Single-family detached	100	60	25%	60%	40¹	15	30
Nonresidential uses	100	60	25%	60%	40¹	15	30
Accessory buildings and structures	N/A	N/A	Included in above		Not permitted⁴	10²	10²

NOTES:
¹	Subject to modification as per Article III and § 490-14F of this chapter.
²	Ten feet on each side, except that each accessory structure shall be set back a distance at least equal to its height from each side and rear lot line.
³	Buildings (including residential and nonresidential buildings) along major thoroughfares must be set back at least 50 feet from the right-of-way line of such thoroughfare. Major thoroughfares shall be any arterial, major collector, or minor collector street as specified in the Comprehensive Plan.
⁴	An accessory building or structure shall be permitted in the rear yard of the principal building or structure.

§ 490-15 Mixed-Use 2 Zone (MU-2).

Purpose. The Mixed-Use 2 (MU-2) Zone is to provide for the development of compatible residential, commercial, and light industrial uses in areas which have access to public utilities (primarily public sewer and water). This zone is intended to serve as an extension of the adjacent boroughs, allowing for a mixture of uses and encouraging campus-like, attractive sites when viewed from adjacent properties and roads by the use of buffering and screening.

[Amended 1-18-2007 by Ord. No. 2007-01]

Permitted uses.

(1)

Accessory recreational uses associated with a business or industry;

(2)

Agriculture, subject to the requirements of § 490-12 of this chapter;

[Amended 8-15-2019 by Ord. No. 2019-04]

(3)

Barber, beauty, tanning, and health salons and spas;

(4)

Day-care facilities, family;

(5)

Farmers market and/or flea market;

(6)

Funeral homes, excluding crematoriums;

[Amended 1-18-2007 by Ord. No. 2007-01]

(7)

Golf courses and driving ranges;

[Added 1-18-2007 by Ord. No. 2007-01]

(8)

Greenhouses and nurseries;

(9)

Health and fitness clubs;

(10)

Municipal use;

(11)

No-impact home-based business;

(12)

Photographic, music, art and dance studios;

(13)

Professional offices;

(14)

Public parks and playgrounds;

(15)

Public uses and public utilities structures;

(16)

Repair of small goods;

(17)

Restaurants;

(18)

Retail sales or rental business, excluding adult-related uses, such as, but not limited to, antiques, apothecaries, packaged beverages, recorded music and video materials, books, clothing, confections, dry goods, flowers, fresh or packaged food, furniture, gifts, hardware, jewelry, newspapers, notions, personal and household supplies, photographic supplies, sporting goods, stationery, and tobacco (excluding adult-related uses);

(19)

Retail service business;

(20)

Commercial school;

(21)

Continuing care retirement community (CCRC).

[Amended 4-18-2019 by Ord. No. 2019-01]

(22)

Two-family side-by-side dwelling; and

(23)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(23), Wholesale trade establishments, was repealed 12-15-2016 by Ord. No. 2016-03.

(24)

Accessory uses customarily incidental to the above permitted uses.

Conditional uses (subject to the requirements listed in Articles IV and VII of this chapter).

[Amended 1-18-2007 by Ord. No. 2007-01]

(1)

Agricultural operations, subject to the requirements of § 490-12 of this chapter:

[Added 8-15-2019 by Ord. No. 2019-04[2]]

[2]

Editor's Note: Former Subsection C(1) through (43) was redesignated as Subsection C(2) through (44) pursuant to this ordinance.

(2)

Airports/heliports;

(3)

Animal hospitals and kennels;

(4)

Automobile filling stations, including minor incidental repair;

(5)

Banks and similar financial institutions;

Bed-and-breakfasts;

Boarding houses;

Business park;

Car washes;

Churches and related uses;

(11)

Commercial convenience center;

(12)

Contractor's offices and shops;

(13)

Day-care facilities, commercial;

(14)

Dry cleaners and laundries;[3]

[3]

Editor's Note: Former Subsection 14, Golf courses and driving ranges, which immediately followed this subsection, was repealed 1-18-2007 by Ord. No. 2007-01.

(15)

Secondary farm occupations;

[Amended 8-15-2019 by Ord. No. 2019-04]

(16)

Farm-related businesses;

(17)

Health care campuses, nursing homes and hospitals;

(18)

Home improvement and building supply stores;

(19)

Home occupations;

(20)

Hotels, motels and similar lodging facilities;

(21)

Laboratories for scientific or industrial research, development or testing;

(22)

Laundromats;

(23)

Manufacturing;

[Amended 12-15-2016 by Ord. No. 2016-03]

(24)

Medical clinic;

(25)

Medical residential campuses;

(26)

Mini warehouses;

(27)

Nightclubs and taverns;

(28)

Personal care facility;

(29)

Private clubs;

(30)

Public transportation depot;

(31)

Recreation facilities;

(32)

Restaurants, drive-through;

(33)

Restaurants, fast-food;

(34)

Schools, private and public;

(35)

Shooting range, indoor;

(36)

Theaters;

(37)

Two-family conversions;

(38)

Wholesale produce and tobacco auctions; and

(39)

Accessory uses customarily incidental to the above conditional uses.

(40)

Accessory dwelling.

[Added 7-16-2015 by Ord. No. 2015-03]

(41)

Wholesale trade establishments.

[Added 12-15-2016 by Ord. No. 2016-03]

(42)

Event venue.

[Added 10-4-2018 by Ord. No. 2018-06]

(43)

Tower-based wireless communications facilities (WCF).

[Added 12-6-2018 by Ord. No. 2018-09]

(44)

Wireless communications facilities (WCF) on existing structure.

[Added 12-6-2018 by Ord. No. 2018-09]

Minimum lot area requirements. Unless otherwise specified, all uses within this zone shall contain a minimum lot area of 10,000 square feet.

Required public utilities. All uses shall be served by public sewer and public water.

Maximum permitted height.

(1)

Principal buildings and structures: 35 feet; and

(2)

Accessory buildings and structures: 15 feet.

Outdoor storage. Outdoor storage where permitted, shall be screened from adjoining roads and properties, and comply with all of the setbacks of this section.

Off-street loading. Off-street loading shall be provided as specified in Article III of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within the Residential Zone, nor any side of a building facing an adjoining street.

Landscaping. A twenty-foot-wide landscape buffer planning strip A shall be provided along all property lines. Street trees shall be provided along any street frontage. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses. Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas and walkways shall be maintained with a vegetative ground cover, meadow and/or other ornamental plantings. A buffer must be provided for all nonresidential uses along any lands adjoining the Residential or Rural-Agricultural Zones, or where adjoining an existing residential use pursuant to § 280-11. Landscaping and screening requirements are set forth in Ch. 280, Landscaping.

[Amended 10-17-2019 by Ord. No. 2019-07]

§ 490-16 Commercial/Industrial Zone (C/I).

Purpose. The purpose of the Commercial/Industrial Zone is to provide for a wide variety of community and highway-oriented commercial and industrial uses at suitable locations. Larger and more intensive uses, while provided for, must obtain specific approval by conditional use. Lands zoned commercial/industrial are to have major road access and be served with public water and sewer.

Permitted uses.

(1)

Accessory recreational uses associated with a business or industry;

(2)

Agriculture, subject to the requirements of § 490-12 of this chapter;

[Amended 8-15-2019 by Ord. No. 2019-04]

(3)

Barber, beauty, tanning, and health salons and spas;

(4)

Farmers market and/or flea market;

(5)

Funeral homes;

(6)

Greenhouses and nurseries;

(7)

Group homes;

(8)

Health and fitness clubs;

(9)

Laboratories for scientific or industrial research, development or testing;

(10)

Municipal use;

(11)

Photographic, music, art and dance studios;

(12)

Professional offices;

(13)

Public parks and playgrounds;

(14)

Public uses and public utilities structures;

(15)

Repair of small goods;

(16)

Restaurants;

(17)

Retail sales or rental business, excluding adult-related uses;

(18)

Retail service business;

(19)

School, commercial;

(20)

Warehousing and wholesale trade establishments; and

(21)

Accessory uses customarily incidental to the above permitted uses.

(22)

Wireless communications facilities (WCF) on existing structure.

[Added 12-6-2018 by Ord. No. 2018-09]

Conditional uses (subject to the requirements listed in Articles IV and VII of this chapter).

[Amended 1-17-2008 by Ord. No. 2008-02]

(1)

Adult-related uses;

(2)

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

[Added 8-15-2019 by Ord. No. 2019-04[1]]

[1]

Editor's Note: Former Subsection C(2) through (50) was redesignated as Subsection C(3) through (51) pursuant to this ordinance.

(3)

Animal hospitals and kennels;

(4)

Automobile filling stations, including minor incidental repair;

(5)

Banks and similar financial institutions;

Billboards;

Business park;

Car washes;

Churches and related uses;

(10)

Tower-based wireless communications facilities (WCF).

[Added 12-6-2018 by Ord. No. 2018-09]

(11)

Contractor's office or shop;

(12)

Convention centers;

(13)

Day-care facilities, commercial;

(14)

Dry cleaners and laundries;

(15)

Golf courses and driving ranges;

(16)

Health care campuses, nursing homes and hospitals;

(17)

Hotels, motels and similar lodging facilities;

(18)

Laundromats;

(19)

Manufacturing;

[Amended 12-15-2016 by Ord. No. 2016-03]

(20)

Medical clinics;

(21)

Methadone treatment facilities;

(22)

Mini warehouses;

(23)

Motor vehicle sales and service facilities;

(24)

Nightclubs and taverns;

(25)

Off-track betting parlors;

(26)

Private clubs;

(27)

Public transportation depot;

(28)

Recreation facilities;

(29)

Recycling dropoff facilities, provided such facilities are sufficiently enclosed to prevent the scattering of debris, the materials collected are removed at regular intervals, and the facility is posted to prohibit the disposal of any material, good or furnishing that cannot be placed within the actual recycling bin;

(30)

Recycling processing facilities;

(31)

Restaurants, drive-through;

(32)

Restaurants, fast-food;

(33)

Sawmills;

(34)

School, vocational/mechanical trade and adult education facilities;

(35)

Shooting range, indoor;

(36)

Theaters;

(37)

Wholesale produce and tobacco auctions;

(38)

Airports/heliports;

(39)

Amusement arcades;

(40)

Communications antennas on existing structures;

(41)

Home improvement and building supply stores;

(42)

Junkyards;

(43)

Planned commercial center;

(44)

Processing of farm products;

(45)

Schools, private and public;

(46)

Shopping centers;

(47)

Slaughtering, processing, rendering, and packaging of food products and their by-products which are produced from the remains of animals;

(48)

Truck stops and motor freight terminals; and

(49)

Accessory uses customarily incidental to the above conditional uses.

(50)

Event venue.

[Added 10-4-2018 by Ord. No. 2018-06]

(51)

Casino, category 4.

[Added 10-4-2018 by Ord. No. 2018-08]

Minimum lot area requirement. Minimum lot area requirement is 15,000 square feet.

Required public utilities. All uses shall be served by public sewer and public water.

Maximum permitted height. Maximum permitted height is 35 feet.

Outdoor storage. Outdoor storage where permitted, shall be screened from adjoining roads and properties, and comply with all of the setbacks of this section. Outdoor storage areas for automobile, boat, motorcycle, farm machinery, mobile home and outdoor furniture sales need not be screened from adjoining roads.

[Amended 10-17-2019 by Ord. No. 2019-07]

Design features/bonus incentives. To reduce the potential for traffic congestion, the following bonus incentives are available when prescribed design features are provided. These bonus incentives and specified design features are as follows:

Design Features	Bonus Incentive
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking shall be arranged to provide ready access to all properties.	Waiver of one side yard setback requirement as it applies to off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses.
Coordinated signage with two or more uses sharing only one freestanding sign.	A 25% increase in the maximum permitted size of any attached or freestanding signs.

Table of Dimensional Requirements — Commercial/Industrial Zone [Amended 12-15-2016 by Ord. No. 2016-03]
		Minimum Lot Width		Maximum Lot Coverage¹		Required Setbacks
Building Type	Minimum Lot Area (square feet)	At Building Line (feet)	At Street Right-of-Way (feet)	Without TDRs	With TDRs	Front Setback² (feet)	Each Side Setback (feet)	Rear Setback (feet)
All uses	15,000	100	100	40%	80%	40	15	30

NOTES:
¹	Maximum and base lot coverages apply without and with the use of development rights, respectively.
²	Buildings (including residential and nonresidential buildings) along major thoroughfares must be set back at least 50 feet from the right-of-way line of such thoroughfare. Major thoroughfares shall be any arterial, major collector, or minor collector street as specified in the Comprehensive Plan.

§ 490-17 Interchange Zone (I).

Purpose. The purpose of the Interchange Zone is to accommodate larger-scale high-quality economic development within a serene, campus-like setting. Permitted uses include high-technology, nonpolluting light industrial uses, as well as high-quality office parks. Other, smaller low-impact industrial uses are also permitted. The areas designated for this zone have superior vehicular access and proximity to public utilities so as to stimulate their development and use. Design incentives are provided to promote integrated site function and appearance, while landscaping and buffer requirements are imposed to protect adjoining residential areas.

Permitted uses.

(1)

Agriculture, subject to the requirements of § 490-12 of this chapter;

[Amended 8-15-2019 by Ord. No. 2019-04]

(2)

Offices, banks, and similar financial institutions;

(3)

Public uses and public utilities structures;

(4)

Accessory uses customarily incidental to the above permitted uses.

(5)

Wireless communications facilities (WCF) on existing structure.

[Added 12-6-2018 by Ord. No. 2018-09]

Conditional uses (subject to the requirements listed in Articles IV and VII of this chapter).

[Amended 1-18-2007 by Ord. No. 2007-01]

(1)

Agricultural, operations, subject to the requirements of § 490-12 of this chapter;

[Added 8-15-2019 by Ord. No. 2019-04[1]]

[1]

Editor's Note: Former Subsection C(1) through (18) was redesignated as Subsection C(2) through (19) pursuant to this ordinance.

(2)

Commercial convenience center;

(3)

Commercial day-care facilities;

(4)

Convention centers;

(5)

Health and fitness clubs;

(6)

Health care campuses and hospitals;

(7)

Hotels and related uses;

(8)

Laboratories for scientific or industrial research and development;

(9)

Manufacturing;

[Amended 1-17-2008 by Ord. No. 2008-02; 12-15-2016 by Ord. No. 2016-03]

(10)

Medical and methadone clinics;

(11)

Photocopying, bookbinding, printing, and publishing;

(12)

Public transportation depot;

(13)

Retail photocopy and printing centers;

[Amended 12-15-2016 by Ord. No. 2016-03]

(14)

Retail sales;

[Amended 12-15-2016 by Ord. No. 2016-03]

(15)

Warehousing and wholesale trade establishments; and

(16)

Accessory uses customarily incidental to the above conditional uses.[2]

[2]

Editor's Note: Former Section 206.4, which immediately followed this subsection, was repealed 1-18-2007 by Ord. No. 2007-01.

(17)

Event venue.

[Added 10-4-2018 by Ord. No. 2018-06]

(18)

Casino, category 4.

[Added 10-4-2018 by Ord. No. 2018-08]

(19)

Tower-based wireless communications facilities (WCF).

[Added 12-6-2018 by Ord. No. 2018-09]

Minimum lot area requirement. Minimum lot area requirement is one acre.

Required public utilities. All uses shall be served by public sewer and public water.

Maximum permitted height: 60 feet, provided that each building shall be set back a distance at least equal to its height from each property line. Any building over 35 feet in height must be set back a distance equal to or greater than its height. Furthermore, any use proposing floor space above 35 feet shall be required to obtain a letter from the Township Emergency Management Coordinator that adequate provision has been made for fire-fighting and rescue activities.

(Reserved)[3]

[3]

Editor's Note: Former Subsection G, Maximum lot coverage, was repealed 12-15-2016 by Ord. No. 2016-03.

Outdoor storage. No outdoor storage is permitted.

[Amended 10-17-2019 by Ord. No. 2019-07]

Design features/bonus incentives. To promote integrated site function and appearance, the following bonus incentives are available when prescribed design features are provided. These bonus incentives and specified design features are as follows:

Design Features	Bonus Incentive
Coordinated off-street parking between two or more adjoining land uses that share a single access drive. Such parking lots shall be arranged to provide ready access to all properties.	Waiver of one side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses.
Coordinated signage with two or more uses sharing only one freestanding sign.	A 25% increase in the maximum permitted size of any attached or freestanding signs.

[Amended 10-17-2019 by Ord. No. 2019-07]

Table of Dimensional Requirements — Interchange Zone [Amended 12-15-2016 by Ord. No. 2016-03]
		Minimum Lot Width		Maximum Lot Coverage⁵		Required Setbacks
Building Type	Minimum Lot Area (acre)	At Building Line (feet)	At Street Right-of Way (feet)	Without TDRs	With TDRs	Front Setback^1,6 (feet)	Each Side Setback² (feet)	Rear setback³ (feet)
All uses	1	150	150	50%	80%	50	25⁴	35⁴

NOTES:
¹	All off-street parking lots shall be set back a minimum of 25 feet from the street right-of-way line.
²	Off-street parking lots and loading areas shall be set back at least 15 feet from the side lot lines. Where joint parking facilities, loading areas and/or access drives are shared by adjoining uses, or where two buildings sharing such joint uses adjoin, the applicable side yard setback may be waived. In such instances, one of the side yard setbacks can be waived solely for parking facilities.
³	Off-street parking lots and loading areas shall be set back at least 20 feet from the rear lot line.
⁴	Accessory recreation uses can be developed in any side or rear yard to within 25 feet of any property line.
⁵	Maximum and base lot coverages apply without and with the use of development rights, respectively.
⁶	Buildings (including residential and nonresidential buildings) along major thoroughfares must be set back at least 50 feet from the right-of-way line of such thoroughfare. Major thoroughfares shall be any arterial, major collector, or minor collector street as specified in the Comprehensive Plan.

§ 490-17.1 Kreutz Creek Interchange Zone (KCI).

[Added 12-6-2012 by Ord. No. 2012-05]

Purpose. The purpose of the Kreutz Creek Interchange Zone (KCI) is to accommodate larger-scale high-quality economic development within a serene, campus-like setting. Permitted uses include high-technology, nonpolluting light industrial uses, as well as high-quality office parks and large solar energy production facilities. Other, smaller, low-impact industrial uses are also permitted. The areas designated for this zone have superior vehicular access and proximity to public utilities so as to stimulate their development and use. Design incentives are provided to promote integrated site function and appearance, while landscaping and buffer requirements are imposed to protect adjoining residential areas.

Permitted uses:

(1)

Agriculture, subject to the requirements of § 490-12 of this chapter;

[Amended 8-15-2019 by Ord. No. 2019-04]

(2)

Offices, banks, and similar financial institutions.

(3)

Public uses and public utilities structures.

(4)

Accessory uses customarily incidental to the above permitted uses.

Conditional uses (subject to the requirements listed in Articles IV and VII of this chapter):

(1)

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

[Added 8-15-2019 by Ord. No. 2019-04[1]]

[1]

Editor's Note: Former Subsection C(1) through (16) was redesignated as Subsection C(2) through (17) pursuant to this ordinance.

(2)

Commercial convenience center.

(3)

Commercial day-care facilities.

(4)

Convention centers.

(5)

Health and fitness clubs.

(6)

Health care campuses and hospitals.

(7)

Hotels and related uses.

(8)

Laboratories for scientific or industrial research and development.

(9)

Large solar energy production facility.

(10)

Manufacturing, storage, warehousing and wholesale trade of the following:

(a)

Scientific, specialized and technical instruments and equipment.

(b)

Electronic communication equipment and computers.

(c)

Finished textile products.

(d)

Jewelry and other precious metals.

(e)

Cosmetics, toiletries and pharmaceuticals.

(f)

Small household appliances, excluding major appliances.

(g)

Audiovisual components and equipment.

(h)

Musical instruments and sporting goods.

(i)

Optical, dental and medical supplies and equipment.

(j)

Photographic, lighting and timekeeping equipment.

(k)

Small or novelty products from prepared materials.

(l)

Other uses of a similar nature to those enumerated above.

(11)

Medical and methadone clinics.

(12)

Photocopying, bookbinding, printing, and publishing.

(13)

Public transportation depot.

(14)

Retail photocopy and printing centers, not exceeding 5,000 square feet of gross leasable floor area.

(15)

Retail sale of office supplies, office furniture, art and drafting equipment, computers and software.

(16)

Warehousing and wholesale trade establishments.

(17)

Accessory uses customarily incidental to the above conditional uses.

Minimum lot area requirement. The minimum lot area requirement is one acre.

Required public utilities. All uses except a large solar energy production facility shall be served by public sewer and public water.

Maximum lot coverage. The maximum lot coverage is 40%.

Outdoor storage. No outdoor storage is permitted.

Off-street loading. Off-street loading shall be provided as specified in Article III of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing an existing adjoining residential use nor any side of a building facing an adjoining street.

[Amended 10-17-2019 by Ord. No. 2019-07]

Design Features	Bonus Incentive
Coordinated off-street parking between 2 or more adjoining land uses that share a single access drive; such parking lots shall be arranged to provide ready access to all properties	Waiver of 1 side yard setback requirement as it applies to the off-street parking lot, and a 15% reduction in the total number of parking spaces required for all uses
Coordinated signage with 2 or more uses sharing only 1 freestanding sign	A 25% increase in the maximum permitted size of any attached or freestanding signs

[Amended 10-17-2019 by Ord. No. 2019-07]

Table of Dimensional Requirements - Kreutz Creek Interchange Zone
		Minimum Lot Width		Maximum Lot Coverage⁵		Required Setbacks
Building Type	Minimum Lot Area (acre)	At Building Line (feet)	At Street Right-of-Way (feet)	Without DRs	With DRs	Front Setback^{1, 6} (feet)	Each Side Setback² (feet)	Rear Setback³ (feet)
All uses	1	150	150	40%	60%	50	25⁴	35⁴

NOTES:
1	All off-street parking lots shall be set back a minimum of 25 feet from the street right-of-way line.
2	Off-street parking lots and loading areas shall be set back at least 15 feet from the side lot lines. Where joint parking facilities, loading areas and/or access drives are shared by adjoining uses, or where two buildings sharing such joint uses adjoin, the applicable side yard setback may be waived. In such instances, one of the side yard setbacks can be waived solely for parking facilities.
3	Off-street parking lots and loading areas shall be set back at least 20 feet from the rear lot line.
4	Accessory recreation uses can be developed in any side or rear yard to within 25 feet of any property line.
5	Maximum and base lot coverages apply without and with the use of development rights, respectively.
6	Buildings (including residential and nonresidential buildings) along major thoroughfares must be set back at least 50 feet from the right-of-way line of such thoroughfare. Major thoroughfares shall be any arterial, major collector, or minor collector street as specified in the Comprehensive Plan.

§ 490-18 Quarry Zone (Q).

Purpose. The purpose of this zone is to reserve appropriate areas of the Township for quarrying and processing of quarry raw materials, to provide reasonable standards for quarry operations in order to prevent conditions which would interfere with the enjoyment or use of other properties, and to allow uses of a temporary nature in locations premature for quarrying.

Permitted uses.

(1)

Accessory recreational uses associated with a business or industry;

(2)

Agriculture, subject to the requirements of § 490-12 of this chapter;

[Amended 8-15-2019 by Ord. No. 2019-04]

(3)

Greenhouses and nurseries;

(4)

Municipal use;

(5)

Public parks and playgrounds; and

(6)

Public uses and public utilities structures;

(7)

Wireless communications facilities (WCF) on existing structure.

[Added 12-6-2018 by Ord. No. 2018-09]

Conditional uses.

(1)

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

[Added 8-15-2019 by Ord. No. 2019-04[1]]

[1]

Editor's Note: Former Subsection C(1) and (2) was redesignated as Subsection C(2) and (3) pursuant to this ordinance.

(2)

Quarries and other extractive-related uses.

(3)

Tower-based wireless communications facilities (WCF).

[Added 12-6-2018 by Ord. No. 2018-09]

Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 35 feet, except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade when erected upon or as an integral part of a building. All structures extending above 35 feet from grade shall be set back a distance at least equal to their height from all property lines.

Off-street loading. Off-street loading shall be provided as specified in Article III of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.

Waste products. All dumpsters shall be set back a minimum of 50 feet from any adjoining properties and shall comply with the screening requirements contained in Ch. 280, Landscaping.

[Amended 10-17-2019 by Ord. No. 2019-07]

§ 490-19 (Reserved) [1]

[1]

Editor's Note: Former § 490-19, Floodplain Overlay District (FP), as amended, was repealed 5-17-2018 by Ord. No. 2018-05. See Ch. 230, Floodplain Management.

§ 490-20 Historic Overlay District (H).

Purpose. The purpose of this district is to encourage the preservation of locally important architectural, historical, archaeological and/or cultural elements and sites of the community. In promoting this and the general purpose of this chapter, the specific intent of this district is:

(1)

To recommend the protection of sites of local historic and patriotic value.

(2)

To encourage input with regard to responsible design in areas and/or sites of historical significance.

Abrogation and greater restrictions. This section is intended to create an overlay district within which all applications for zoning permits for either the purpose of exterior alteration or demolition shall be directed to Kreutz Creek Preservation Society, Inc. (KCVPS, Inc.) for review and comment, as to the effect of the proposed action on the historic character of the structure, area, or site. This section shall apply to all public and private historical sites shown on Exhibit F of the Hellam Township Comprehensive Plan, incorporated by reference.[1]

[Amended 8-21-2008 by Ord. No. 2008-07]

[1]

Editor's Note: Exhibit F is on file in the Township offices.

Permitted uses. The development and/or use of any land will be permitted, provided that the development or uses adhere to all the requirements of the underlying zone.

Voluntary review by KCVPS, Inc. and action by the Township. In addition to meeting the normal requirements for obtaining a zoning permit, the Township zoning office shall contact KCVPS, Inc. regarding all applications for alteration and/or demolition of a building, structure, or site within the Historic Overlay District. Information shall be forwarded by the Township to the KCVPS, Inc., so that a meeting between the KCVPS, Inc. and the applicant can be arranged. All landowners are encouraged to consider implementation of any design recommendations provided by the KCVPS, Inc. that would preserve the original architectural considerations of the structure. The landowner is encouraged to permit photo documentation of the property by KCVPS, Inc. if requested. KCVPS, Inc. shall provide documentation of the meeting and/or recommendations to the Township zoning office for the applicant's files.

[Amended 8-21-2008 by Ord. No. 2008-07]

§ 490-21 Restricted Development Overlay District (RDO).

Purpose. The Restricted Development Overlay District is intended to protect those areas of Hellam Township with natural features that are essential to the health, economy, and rural character of the Township, including steep slopes, wetlands, flood-prone areas, woodlands, hazardous geology, streams, and unique geological features. This Overlay District is to be interpreted in conjunction with the Hellam Township Official Map to encourage the preservation of the Township's natural resource base and rural character by directing, whenever possible, land development away from environmentally sensitive areas.

Abrogation and greater restrictions. This section is intended to create an overlay district. All of the regulations of the underlying zone shall remain in full force and effect. To the extent the provisions of this section are applicable and more restrictive, they shall supersede conflicting provisions within all other sections of this chapter.

Permitted uses. The development and/or use of any land will be permitted, subject to the provisions of this section, provided that the development or uses adhere to all the requirements of the underlying zone.

Delineation of the restricted development overlay district. For purposes of this chapter, areas contained within the Restricted Development Overlay District shall include the following:

(1)

Steep slopes. Slopes in excess of 15% shall be considered to be included within the Restricted Development Overlay District.

(2)

Wetlands. Any portion of a property within a designated wetland, as determined by current state and/or federal guidelines, shall be considered to be included within the Restricted Development Overlay District.

(3)

Woodlands. Any portion of a property having a continuous canopy equal to or greater than 10,000 square feet shall be considered to be included within the Restricted Development Overlay District.

(4)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection D(4), Floodplains, was repealed 8-15-2019 by Ord. No. 2019-04.

(5)

Streams. Any portion of a property within 25 feet of the ordinary waterline of a naturally occurring waterway having a drainage area of 200 acres or more shall be considered to be included within the Restricted Development Overlay District.

(6)

Unique geological features. The unique geological features shown on the Hellam Township Official Map shall be considered to be included within the Restricted Development Overlay District.

Boundary disputes. Should a dispute concerning any boundary of the Restricted Development Overlay District arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with Article VI of this chapter. The burden of proof in such an appeal shall be on the applicant, and all hearings and procedures shall follow the requirements of Article VI of this chapter.

Design and performance standards.

(1)

Conservation of steeply sloped lands:

(a)

No site disturbance shall be allowed on slopes exceeding 25%.

(b)

Disturbance on slopes between 15% and 25% shall require the submission of a detailed site grading plan, which shall contain, at a minimum, the following information:

[1]

Existing contours;

[2]

Existing areas within the Restricted Development Overlay District as defined herein;

[3]

Location of existing and proposed structures, including vehicular accesses;

[4]

Proposed contours;

[5]

Proposed erosion and sedimentation control measures;

[6]

Proposed limits of disturbance;

[7]

A tabulation of the acreage of the area within the Restricted Development Overlay District which would be impacted by the proposed activity.

(c)

Disturbance on slopes between 15% and 25% shall require the submission of an impact assessment which shall evidence consideration of all reasonable alternatives to the proposed activity and the provisions taken to minimize adverse impacts.

(2)

Conservation of wetlands.

(a)

For all projects where wetlands have been delineated, a jurisdictional determination performed by the U.S. Army Corps of Engineers or notification from the U.S. Army Corps of Engineers that wetlands do not exist on the project site is required. Wetlands shown on any plan must match this jurisdictional determination. All documentation associated with the jurisdictional determination must be provided to the Township. In areas where soils have hydric inclusions, or in areas with shallow depth to groundwater, or evidence of surface water, the Township reserves the right to conduct, at the applicant's expense, a wetlands determination, including a wetlands and wetlands margin delineation.

(b)

Any portion of a property within a delineated wetlands area shall not be altered, regraded, filled, piped, diverted, or built upon except in conformance with the regulations of the PA DEP and the U.S. Army Corps of Engineers.

(c)

Any activity requiring a federal or state permit shall obtain such permit before final approval by the Township.

(d)

All uses and activities shall minimize, to the extent possible, destruction, degradation, or adverse impact on the wetland.

(e)

Wells and septic systems shall not be located in wetlands areas.

(3)

Conservation of woodlands.

[Amended 1-17-2008 by Ord. No. 2008-02; 12-6-2012 by Ord. No. 2012-05]

(a)

(Reserved)[2]

[2]

Editor’s Note: Former Subsection F(3)(a), regarding land not within the Continuous Canopy Woodland Corridor Reservation, as amended, was repealed 4-18-2019 by Ord. No. 2019-03.

(b)

In areas within the Continuous Canopy Corridor Reservation as shown on the Official Map, not more than 20% of total area of a woodland, as defined in Article 1 of this chapter, may be altered or cleared for any purpose (including but not limited to the erection of structures) unless a woodland restoration plan prepared in accordance with 490 Attachment 8 was filed and approved by the Township as part of an approved subdivision and/or land development plan, and the landowner follows all provisions in Article IV of the MPC.[3]

[Amended 7-18-2013 by Ord. No. 2013-04; 9-3-2015 by Ord. No. 2015-05; 7-21-2016 by Ord. No. 2016-02; 4-18-2019 by Ord. No. 2019-03]

[3]

Editor's Note: See 53 P.S. § 10401 et seq.

(c)

Any clearing or alteration of a woodland or forest shall be undertaken to maintain, to the greatest extent possible, the existing continuous canopy of trees where a continuous canopy exists.

(d)

(Reserved)[4]

[4]

Editor’s Note: Former Subsection F(3)(d), regarding hedgerows, was repealed 4-18-2019 by Ord. No. 2019-03.

(e)

Nothing in this section shall be construed to prohibit the practice of forestry, as defined herein. In accordance with the requirements of Section 603(f) of the MPC,[5] as amended by Act 68 of 2000, forestry, including the harvesting of timber, is permitted as of right in all zoning districts within the Township, subject to the provisions generally applicable to all uses in the district in which such land is located. If, in the future, the General Assembly amends the MPC to repeal Section 603(f) or to remove the requirement that forestry be permitted in all zoning districts in every municipality, this Subsection F(3)(d) will no longer be in force or effect.

[1]

Forestry activities shall be conducted in accordance with an erosion and sedimentation pollution control plan that is consistent with current acceptable practices to control runoff, erosion, stream siltation and soil stabilization.

[2]

The erosion and sedimentation pollution control plan shall be submitted to the York County Conservation District for its review and approval prior to initiating any earthmoving or timber harvesting activities.

[3]

The erosion and sedimentation pollution control plan shall be submitted to the Township prior to initiating any earthmoving or timber-harvesting activities.

[4]

All roads and trails developed as a part of a timbering activity shall be dust stabilized when within 100 feet of any lot line.

[5]

Editor's Note: See 53 P.S. § 10603(f).

(4)

(Reserved)[6]

[6]

Editor’s Note: Former Subsection F(4), Conservation of floodplain areas, was repealed 8-15-2019 by Ord. No. 2019-04.

(5)

Conservation of streams:

(a)

Any portion of a property within 25 feet of the ordinary waterline of any Type A stream shown on the Zoning Map shall not be altered, regraded, filled, or used for any purpose, including the raising of crops and/or the keeping of livestock, except in conformance with this section.

(b)

Any portion of a property within 10 feet of the ordinary waterline of any Type B drainageway shown on the Zoning Map shall not be altered, regraded, filled, or used for any purpose, including the raising of crops and/or the keeping of livestock, except in conformance with this section. In cases where the flow in a drainage way is intermittent, the measurement shall be taken from the center line of the drainageway.

(c)

A filter strip shall be maintained within all of the above areas. Changes in the ground cover shall be limited to those complying with the definition of this area in § 490-11C.

(d)

Where it is necessary to cross a stream or drainageway with a street, access road or driveway, such crossing shall be perpendicular to the thread of the stream or drainageway, and shall minimize the disturbance to the filter strip. If any vegetation is proposed to be disturbed, the disturbed area must be replaced so that the resulting size of the filter strip remains the same.

(e)

Where it is necessary to provide for livestock crossings of a stream, farmers are encouraged to work with Natural Resources Conservation Service (NRCS) to establish best management practices (BMPs) to protect the stream.[7]

[7]

Editor’s Note: Former Subsection F(5.1), Conservation of riparian buffer areas, was repealed 4-18-2019 by Ord. No. 2019-03.

(6)

Conservation of unique geological features:

(a)

The "unique geological features" shown on the Hellam Township Official Map shall not be altered, regraded, or built upon except in conformance with the provisions of the Official Map unless the landowner follows all provisions in Article IV of the MPC.[8]

[8]

Editor's Note: See 53 P.S. § 10401 et seq.

§ 490-22 Village Overlay District (V). [1]

Purpose.

(1)

This Overlay District provides an optional set of design standards that can be applied to property located within the R Residential Zone. These optional design standards seek to achieve a "village" type setting that is characteristic of much of York County's built environment and heritage. All of the design standards of this Overlay District are vital if the village atmosphere is to be achieved. While many of the following requirements deal with issues that typically transcend zoning jurisdiction, they are provided as design options, and are, therefore, considered voluntarily self-imposed by prospective developers, but enforceable by the Township.

(2)

It is the further intent of the Board of Supervisors to encourage flexibility, economy and ingenuity in the development of tracts within the Residential Zone of the Township. To this end, the Board of Supervisors shall, by conditional use approval, permit the developer to modify the design standards of this section if such modification will enable the design of a better development. It is the specific intent of the Board of Supervisors to permit developers to consider and utilize innovative methods of design.

(3)

Some of the specific development objectives of the Overlay District include the design and construction of neighborhoods that:

(a)

Allow flexible design options to encourage the preservation of important natural and cultural features;

(b)

Provide for a diversity of housing types, sizes, and costs, with particular emphasis on scattered-site affordable housing opportunities;

(c)

Provide for convenient vehicular access to the neighborhood's edge but increased reliance upon pedestrian movements within its bounds;

(d)

Integrate local businesses and trades to enhance resident convenience and offer limited employment opportunities;

(e)

Make efficient use of local infrastructure and services;

(f)

Reflect the historic and traditional building styles of York County;

(g)

Reserve and feature civic uses and open spaces as community focal points;

(h)

Provide safe, efficient, and compatible linkages with existing nearby land uses, streets, sidewalks, etc.;

(i)

Invite regular social interaction among its inhabitants; and

(j)

Blend all of these above-described features in a way that promotes community identification and a sense of belonging for the residents.

(4)

These development objectives will be used as a measure of conformance with any proposed development within this Overlay District.

Relationship to other ordinances and sections of this chapter. The provisions of this section create a conditional use overlay district which may be applied to lands within the R Zone. This overlay district may only be applied to property upon approval by the Board of Supervisors and written acceptance by the landowner of all requirements of this section, and any conditions of approval attached by the Board of Supervisors. Such overlay district establishes different land use and design requirements from those contained in this and other ordinances of the Township. To the extent the regulations within this section differ (are more, or less restrictive) from others, those within this section shall govern. However, all other provisions of this and other ordinances of the Township shall remain in full force.

Severability and repealer. Should any part of this section be declared invalid by the courts, the entire section shall be automatically repealed.

Review procedures. All proposals within this overlay district are considered and shall be governed by the application and review procedures for conditional uses according to Article VII of this chapter. The remaining requirements of this overlay district shall be used as the specific criteria for evaluating the approval of any conditional use(s).

Conditional uses (subject to the requirements listed in Articles IV and VII of this chapter).

(1)

Agriculture, subject to the requirements of § 490-12 of this chapter;

[Amended 8-15-2019 by Ord. No. 2019-04]

(2)

Agricultural operations, subject to the requirements of § 490-12 of this chapter;

[Added 8-15-2019 by Ord. No. 2019-04[2]]

[2]

Editor's Note: Former Subsection E(2) through (21) was redesignated as Subsection E(3) through (22) pursuant to this ordinance.

(3)

Churches and related uses.

(4)

Single-family semidetached dwelling.

(5)

Two-family over-under dwelling.

(6)

Family day-care facilities.

(7)

Group day-care facilities.

(8)

Health and fitness clubs.

(9)

Home occupations.

(10)

Libraries.

(11)

Multiple-family dwellings.

(12)

Public and/or nonprofit parks and playgrounds.

(13)

Public uses and public utilities structures.

(14)

Public and private schools.

(15)

Restaurants and taverns.

(16)

Retail photocopy and printing centers, not exceeding 5,000 square feet of gross leasable floor area.

(17)

Single-family detached dwellings.

(18)

Two-family conversions.

(19)

Townhouses.

(20)

The following locally oriented businesses:

(a)

Banks, including outdoor tellers if pedestrian-oriented, and similar financial institutions, provided no drive-through facilities are utilized.

(b)

Barber, beauty, tanning, and health salons.

(c)

Delicatessens, bakeries, ice cream shops, caterers, restaurants, and fast-food restaurants, provided no drive-through facilities are used.

(d)

Photographic, music, art and dance studios.

(e)

Professional, medical, and/or dental offices.

(f)

Repair of clocks, jewelry, cameras, electronics, and small household appliances.

(g)

Retail sales and/or rental of goods such as, but not limited to, antiques, apothecaries, packaged beverages, recorded music and video materials, books, clothing, confections, dry goods, flowers, fresh or packaged food, furniture, gifts, hardware, jewelry, newspapers, notions, personal and household supplies, photographic supplies, sporting goods, stationery, and tobacco (excluding adult-related uses); and

(h)

Tailors, off-site dry cleaning, and shoe repair services.

(21)

Accessory uses customarily incidental to the above conditional uses.

(22)

Accessory dwelling.

[Added 7-16-2015 by Ord. No. 2015-03]

Minimum area requirements. All applications for this overlay district shall contain no less than 30 contiguous acres. However, applications that expand previously approved Village Overlay District development shall have no minimum area requirements.

Required mixture of uses. All Village Overlay District developments shall provide a mixture of uses that conform with the following ratios of net acreage (excluding streets, alleys, and utility rights-of-way):

Use	Required Percentage
Public, civic open spaces	Minimum 30%
Single-family detached dwellings (including accessory apartments)	Minimum 35%
Other dwellings	10% to 30%
Local commercial uses	Maximum 5%

Maximum coverage. In no case shall more than 55% of a Village Overlay District development site be covered with buildings and/or other impervious surfaces.

Architectural considerations. All proposals within the Village Overlay District should incorporate architectural treatments and styles that complement the Township's historic resources. All applications should include the preparation of textual and (typical) graphic descriptions by a commonwealth-registered architect, of proposed architectural features and styles, which shall be presented and analyzed with the following criteria:

(1)

Proportion of building's front facades. The relationship between the width of the front of the building and the height of the front of the building.

(2)

Proportion of openings within the building. The relationship of width to height of windows and doors.

(3)

Rhythms of solids to voids in the front facade. Since rhythm is a repeated and recurrent alteration of strong and weak architectural elements, a rhythm of masses to openings in a building should be maintained.

(4)

Rhythm of spacing of buildings on streets. In moving past a series of buildings, a rhythm of recurrent or repeated building masses to spaces between them should be experienced.

(5)

Rhythm of entrance and/or porch projections. Moving past a series of structures, one experiences a rhythm of entrances or projections at an intimate scale.

(6)

Relationship of materials. Within an area, the predominant materials may be brick, stone, stucco, wood siding, or other material.

(7)

Relationship of textures. The predominant textures of an area may be smooth, such as stucco, or rough, as brick, with tooled joints or horizontal wood siding, or other textures.

(8)

Walls of continuity. Physical ingredients, such as brick walls, wrought iron fences, evergreen landscape masses, building facades, or combinations of these form continuous, cohesive walls of enclosures along the street.

(9)

Relationship of landscaping. There may be a predominance of a quality and quantity of landscaping, although emphasis herein should be with the amounts and continuity of landscaping.

(10)

Paving materials. There may be predominance in the use of brick pavers, cobblestones, granite blocks, or others.

(11)

Directional expression of front elevation. Structural shape, planning of openings and architectural detail may provide a predominantly vertical, horizontal, or nondirectional character to the building's facade.

(12)

Scale. Scale is created by the size of units of construction and architectural detail that relate to the size of man. It can also be determined by building mass and how it relates to open space. The major elements of scale may be brick or stone units, window or door openings, porches, and balconies, etc.

(13)

Relationship of color. Insofar as the mass and detail, such as trim, are concerned, a predominant color that may be of a natural material or a patina colored by time. Blending colors of trim is also a factor.

(14)

Relationship of architectural details. Architectural details and the relationship to the structure in question and adjacent ones, including but not limited to, cornices, lintels, arches, quoins, balustrades, and ironwork, chimneys, etc.

(15)

Relationship of roof shapes. Buildings should have compatible roof shapes, such as gable, mansard, hip, flat, gambrel, and/or other kinds of roof shapes.

(16)

A description of any nonstructural site improvements (buffering, landscaping, and screening) that will be used to protect the integrity of the historic resources.

Permitted Dwelling Type	Permitted Base Density (Units/Net Acre)¹	Maximum Permitted Density (Units/Net Acre)¹	Minimum Lot Width at Building Line (feet)	Maximum Lot Coverage²	Front Build-To Line³ (feet)	One Side (feet)	Each Side (feet)	Rear (feet)
Single-family detached	3.6	6.0	50	30%	10-15	6	12	20
Single-family semi- detached dwelling	3.6	6.0	40 per unit	30%	10-15	6 per unit	N/A	20
Two-family over-under dwelling	3.6	6.0	50	30%	10-15	6	12	20
Townhouse⁵	4.6	6.0	18 per unit	55%	10-15	10 end units	N/A	20

NOTES:
¹	Density calculated on total gross acreage of tract, including land intended for public civic and open space use, but excluding lands needed for streets and alleys. Maximum and base densities apply with and without the use of development rights, respectively.
²	Maximum lot coverage requirements shall not apply to porches located within the front yard.
³	No less than 70% of a building's front facade (including the front facade of any covered or uncovered porches) must be located on the front build-to line, except, however, no less than 50% of any townhouse building must be located on the front build-to line. Front build-to lines shall be measured between the edges of the street right-of-way and the closest facade of the building; including porches. No part of any building shall extend closer to a street than the front build-to line.
⁴	Required setbacks for accessory structures shall be 10 feet from rear lot lines and six feet from side lot lines. No accessory buildings shall be permitted within the front yard.
⁵	No townhouse building shall contain more than six units. For each townhouse building containing more than four units, no more than 67% of such units shall have the same front yard setback; the minimum variation of setback shall be five feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives, or parking facilities contained on commonly held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse buildings are located on the same lot, the following separation distances will be provided between each building:
	a.	Front to front, rear to rear, or front to rear parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end.
	b.	A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
	c.	A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
	d.	All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.

(17)

Residential building design standards. All residences should comply with the following:

(a)

Building height. All principal residences should be between 1 1/2 and three stories in height. Accessory buildings should be no more than 15 feet high unless an accessory apartment is provided, in such cases, an accessory building can extend up to two stories;

(b)

Building orientation and porches. All residential buildings' main entrances should face the lot's front yard. At least 50% of all detached dwellings located along a public street within the same block should include porches within the front yard. When a dwelling with a porch is located on a corner lot, the porch should extend parallel along both front lot lines; and

(c)

Residential building width. No residential dwelling should be greater than 100 feet wide as measured parallel, or approximately parallel, with any street line.

(18)

Vehicular access and parking requirements for residences. All driveways and off-street parking should be provided within the rear yard. However, one joint-use driveway should be permitted to extend into the front yard to connect with a public street, along a common lot line serving at least two adjoining residences. Driveway widths should range between 10 and 12 feet. In no case should any joint use driveway serve more than four dwelling units. For purposes of this overlay district, Article III of this chapter is partially waived to allow the creation of dwelling lots that do not have public street frontage; however, such lots should front along a commonly held pedestrian path, and adjoin and have direct access to a public alley, or a joint-use driveway. In such cases, the lot's front yard should be that which is along the common pedestrian path. Furthermore, the lot's front build-to line should be measured from the edge of the common pedestrian path.

(a)

All mail and newspaper boxes should be attached to the building's front facade; and

(b)

No aboveground accessory residential swimming pools, except portable kiddie pools should be permitted.

Commercial design requirements. Within the Village Overlay District, those limited commercial activities listed in Subsection E(12) shall be permitted in one or a combination of the two following alternative design schemes:

(1)

Commercial courtyard: this design scheme provides for a centralized pedestrian-oriented commercial courtyard that provides a maximum separation of commercial patrons from vehicular traffic:

(a)

Where practicable, all commercial land uses shall be centralized within one area which is generally equidistant from the peripheral edges of the development, or any adjoining residential neighborhood(s) whose residents would also patronize the commercial courtyard.

(b)

Commercial courtyards shall also be integrated upon a system of sidewalks and/or pedestrian pathways, such that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access to the commercial courtyard.

(c)

Where practicable, commercial courtyards will be contiguous or directly across a street from common greens. Furthermore, commercial courtyards shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community centers or pavilions, playgrounds, etc.).

(d)

Commercial courtyards shall consist of one minimum thirty-five-foot-wide pedestrian path which generally runs perpendicular from adjoining streets. Such pedestrian path shall have a dust-free impervious surface with lamp posts, trash receptacles, shade tree beds, pedestrian benches, and similar amenities.

(e)

Each commercial building's main facade, sign, and customer entrance must front on the commercial courtyard. At least 50% of the commercial buildings' main facades shall be placed upon a five-foot build-to-line, as measured from the nearest edge of the courtyard's pedestrian path; however, this requirement can be waived for outdoor cafes, so long as a three-foot high fence is placed along the same build-to-line.

(f)

Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted, so long as they architecturally and visually complement the overall appearance and function of the commercial courtyard. All activities on-site shall be controlled so as not to constitute a nuisance by means of noise, and litter.

(g)

One sidewalk display bin for retail merchandise shall be permitted per use between the main facade of the building and the courtyard's pedestrian path. Such bin shall be located against the facade and shall not extend more than two feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of 15 feet, nor an overall height of three feet. Sidewalk bins shall only be exhibited during the use's business hours.

(h)

Signs for commercial uses within the commercial courtyard shall only include flat wall signs, wall projecting signs, or roof projecting signs. Overall sign size shall be limited to six square feet per sign, per business. Each business will be permitted one such sign along the courtyard pedestrian path, plus another oriented to its street side. The commercial courtyard is also permitted one freestanding archway which crosses over the common pedestrian path. Such archway must be used to identify a common name of the commercial courtyard, and shall comply with the requirements for a freestanding planned center sign for sites containing less than 50,000 square feet of gross leasable floor area, as listed in Article III of this chapter.

(i)

Vehicular access, off-street parking, and off-street loading shall be located in the commercial use's front yard (directly opposite the common pedestrian path or courtyard) between the building and a public street. As an alternative, off-street parking and loading can be provided on a separate common area shared by adjoining businesses. Such common parking and loading shall be not more than 300 feet from any of the uses it serves, shall be linked via a sidewalk to the courtyard's common pedestrian path, and shall be screened from the common pedestrian path, adjoining roads, and adjoining residential areas.

(j)

Required off-street parking.

[1]

[2]

Off-street parking lot design standards shall follow those specified for all commercial uses contained within Article III of this chapter. All off-street parking for commercial uses shall be set back no less than 25 feet from any adjoining property used principally for residential purposes. Furthermore, any street access to any off-street parking space must be set back at least 40 feet from the right-of-way lines of any intersecting street, or five feet from a fire hydrant.

(k)

For each commercial use, one upper-floor apartment with a separate ground-level access and one off-street parking space must be provided.

(l)

No business shall comprise more than 2,000 square feet of gross floor area (excluding the upper-floor apartment).

(m)

For each 30 dwelling units occupied, one commercial use may be constructed.

(n)

Lot area requirements: 5,000 to 10,000 square feet per store.

(o)

Lot width requirements: 25 feet to 80 feet per storefront, except that when a commercial use adjoins a lot or lots used principally for residential purposes, the maximum lot width shall be increased to accommodate a required forty-foot-wide landscape buffer planning strip C in accordance with Ch. 280, Landscaping.

[Amended 10-17-2019 by Ord. No. 2019-07]

(p)

Maximum lot coverage: 90%.

(q)

Minimum required setbacks: see following table:

Use	Front Yard (feet)	Side Yards Abutting Other Commercial Uses	Side Yards Abutting Public or Residential Uses (feet)	Rear Yard
Building	54	None	None	See Article II
Off-street parking	See Article II	None	25	Not permitted
Off-street loading	10	None	50	Not permitted
Dumpster	25	None	50	Not permitted

(r)

Required off-street loading: see § 490-36 of this chapter.

(s)

Height requirements: all buildings shall have two or 2 1/2 stories.

(t)

Outdoor storage: no outdoor storage is permitted.

(u)

Waste products: dumpsters may be permitted within the side or front yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back a minimum of 50 feet from any adjoining properties used for a principal residence. All waste receptacles shall be completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.

(v)

Architectural considerations: all commercial buildings are subject to the regulations of Article II.

(w)

Landscaping: any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover, meadow and/or other ornamental plantings in accordance with Ch. 280, Landscaping.

[Amended 10-17-2019 by Ord. No. 2019-07]

(x)

Commercial operations standards: all commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.

(2)

Main street setting. This design scheme provides for a centralized main street streetscape similar to that characterized by many of the historic villages and boroughs of the county.

(a)

(b)

Main street settings shall be integrated upon a system of sidewalks, such that all inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access to the main street area.

(c)

Where practicable, main street settings will be contiguous to or directly across a street from, common greens as required by Subsection L(1) of this sectoion. Furthermore, main street settings shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community centers or pavilions, playgrounds, etc.).

(d)

Main street settings shall require that commercial uses front along a new arterial or collector road serving the development.

(e)

Main street settings shall include sidewalks with lamp posts trash receptacles, pedestrian benches, shade trees, and other similar amenities.

(f)

Each commercial building's facade, sign, and customer entrance must be oriented toward its adjoining street. At least 50% of the commercial buildings' main facades shall be placed upon a five-foot front build-to line; however, this requirement can be waived for outdoor restaurant cafes, so long as a three-foot high fence is placed along the same build-to-line.

(g)

Outdoor restaurant cafes, including awnings, umbrellas, tables and chairs, and trash receptacles are permitted so long as they architecturally and visually complement the overall appearance and function of the main street setting. All activities on-site shall be controlled so as not to constitute a nuisance by means of noise and litter.

(h)

One sidewalk display bin for retail merchandise shall be permitted per use between the main facade of the building and the main street sidewalk. Such bin shall be located against the facade and shall not extend more than two feet perpendicular from it. Sidewalk display bins shall not exceed an overall length of 15 feet, nor an overall height of three feet. Sidewalk bins shall only be exhibited during the use's business hours.

(i)

Signs for commercial uses within the main street setting shall only include flat wall signs, wall projecting signs, or roof projecting signs. Overall sign size shall be limited to six square feet per business. Each business will be permitted only one such sign. Another two-square-foot wall sign is permitted facing the building's off-street parking area.

(j)

Required parking and loading.

[1]

Minimum required off-street parking spaces for commercial uses are computed on the basis of one per 300 square feet of total floor area, except that convenience stores, and/or offices of physicians, dentists, and veterinarians shall require one space per 200 square feet of total floor area. Required off-street loading spaces shall be determined by Article III of this chapter. Such off-street parking and loading areas shall be located behind any commercial building in the rear yard. All off-street parking and loading space areas shall be provided on an integrated basis so that all uses are physically interconnected and share available parking and loading spaces. Cross-access easements to ensure such integration shall be required in language acceptable to the Township's Solicitor. For the purposes of this overlay district, the schedule of required parking spaces listed in Article III and the reduction of required parking spaces provided for by Article III shall not apply. However, all other design standards shall be enforceable. All vehicular access to such areas shall be via common access drives, preferably not directly from the main street area, but from an intersecting side street.

[2]

In addition to the above-described off-street parking, on-street parking shall be provided as parallel parking along any side of the street upon which commercial uses front.

(k)

For each commercial use, one upper-floor apartment with a separate ground-level access and one off-street parking space must be provided.

(l)

No business shall comprise more than 2,000 square feet of gross floor area (excluding the upper-floor apartment).

(m)

For each 30 dwelling units occupied, one commercial use may be constructed.

(n)

Lot area requirements: 5,000 to 10,000 square feet per store.

(o)

Lot width requirements: 25 feet to 80 feet per store front, except that, when a commercial use adjoins a lot or lots used principally for residential purposes, the maximum lot width shall be increased to accommodate a required twenty-five-foot-wide landscape buffer strip.

(p)

Maximum lot coverage: 90%.

(q)

Minimum required setbacks: see the following table:

Use	Front Yard	Side Yards Abutting Other Commercial Uses	Side Yards Abutting Noncommercial Uses (feet)	Rear Yards Abutting Other Commercial Uses (feet)	Rear Yards Abutting Other Noncommercial Uses
Building	See Article II	None	50	50	See Article II
Off-street parking	Not permitted	None	15	None	Not permitted
Off-street loading	Not permitted	None	25	None	Not permitted
Dumpster	Not permitted	None	50	None	Not permitted

(r)

Height requirements: all buildings shall have two or 2 1/2 stories.

(s)

Outdoor storage: no outdoor storage is permitted.

(t)

Waste products: dumpsters are permitted within the rear yard. All dumpsters shall be set back a minimum of 50 feet from any adjoining properties used for a principal residence. All waste receptacles shall be completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.

(u)

(v)

Open space design requirements. As specified in Subsection G, no less than 30% of the total development site's net acreage shall be devoted to public, civic, and/or open space uses. The following standards shall also be applied to these areas:

(1)

Of the total 30% required, no less than two-thirds shall be used for commonly held public open spaces. Any remaining area shall be reserved for centralized common greens, such as playgrounds, picnic pavilions, and neighborhood parks, or public schools, churches, meeting halls, swimming pools, libraries, museums, and other similar uses.

(2)

The location and design of required public open spaces shall be largely determined by a proper site planning process. As part of this process, applicants shall be required to prepare a natural and cultural features inventory of the site, as described in Article IV of Chapter 430, Subdivision and Land Development. From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the Village Overlay District development minimizes disturbance of, but integrates, these features to provide a safe and attractive network of common pedestrian paths that link areas within the proposed development and connect with nearby uses of the Township. All common pedestrian paths shall consist of an all-weather durable surface that is at least five feet wide.

(3)

An essential element of the Village Overlay District development application is a written description and plan for the disposition of ownership, and maintenance of open space. Such description and plan shall be provided in accordance with Article III of this chapter.

Streets, sidewalks, and alleys. Within the Village Overlay District, the following design standards shall be applied to streets, sidewalks, and alleys:

(1)

The following table lists required street, sidewalk, and alley widths:

Functional Street Classification	Number of Travel Lanes	Number of Parallel Parking Lanes	Minimum Required Cartway Width (feet)	Minimum Required Sidewalk and Related Planting Strip Width (feet)	Minimum Required ROW Width (feet)
Arterial or collector	2	2	40	10 each side¹	60
Local	2	2	36	10 each side¹	56
Local	2	1	28	10 each side¹	48
N/A	2-way alleys	0²	16	0	16
N/A	1-way alleys	0²	11	0	11
N/A	1-way access drives	0	9	0	9
N/A	2-way access drives	0	18	0	18
N/A	Joint-use driveway	0	16	0	16

NOTES:
¹	Sidewalks shall be provided in accordance with Subsection L(4) of this section.
²	No parking shall be permitted within alleys.

(2)

Where possible, the design of streets, alleys and sidewalks shall provide for through traffic and pedestrian movements, and shall interconnect with existing nearby streets, alleys, and sidewalks. The use of cul-de-sac streets and alleys is forbidden, unless accompanied by plans of future adjacent street connections;

(3)

All public streets that connect with existing arterial or collector roads (as depicted on the Official Zoning Map) provide access to commercial uses, and/or act as collector roads within the proposed development, shall be designed with a minimum center line turning radius of 150 feet. All other roads shall be designed with a minimum center-line turning radius of 80 feet. All intersections of driveways, joint-use driveways, access drives, and/or streets shall provide a clear sight triangle in accordance with Article III of this chapter;

(4)

Both sides of all public streets shall be lined with five-foot wide sidewalks, and five-foot wide sidewalk planting strips; however, where sidewalks directly abut on street parking spaces fronting commercial uses, such sidewalks shall be at least eight feet wide. Sidewalks and sidewalk planting strips shall weave beside, and in-and-out of, one another. At driveway, access drive, and street intersections, all sidewalks shall include aprons for access by handicapped persons according to standards contained within the latest version of the Pennsylvania Universal Accessibility Standards. Sidewalk planting strips shall stop no less than 20 feet from the curbline of an intersecting street, in these areas, ten-foot-wide sidewalks shall be provided. In addition, sidewalk planting strips can be replaced with ten-foot-wide sidewalks at locations of passive pedestrian nodes (e.g., benches, fountains, public transit stops, and access points of public uses and parks). One shade tree shall be provided every 50 feet, or fraction thereof, of linear sidewalk planting strip.

Public utility and service requirements. All proposals within the Village Overlay District must comply with the following:

(1)

Both public sewer and public water shall be used throughout the development;

(2)

Where practicable, the retention and regenerative percolation of stormwater runoff shall be located within common passive open spaces;

(3)

All utility lines shall be located underground and within public streets, alleys, or other public rights-of-way. Any required utility structures, buildings, pump stations, transformers, or other similar devices shall be screened from adjoining properties and roads;

(4)

All public streets shall be provided on one, or both, side(s) with streetlights. Such streetlights shall be placed every 100 lineal feet and shall be of such design and light intensity to complement the development's architecture;

(5)

Bus stops shall be placed at appropriate location(s) along major roads serving the proposed development. Their distribution shall be such that no residence within the development shall be situated more than 1,000 feet from its bus stop. Furthermore, the selection of bus stops shall be logically connected with any existing bus routes. Bus stops shall consist of a minimum pedestrian node consisting of one ten-foot-by-twenty-foot sidewalk section, one permanently anchored park bench, and a shade tree. Such bus stops shall be provided, even if existing bus routes do not currently serve the area; and

(6)

Applicants are required to obtain a letter from the fire chief of the company that would provide first-call service to the proposed development. Such letter shall describe any foreseeable problems regarding fire protection for the proposed development. Particular attention should focus upon the location of fire hydrants and street turning radii.

Subsequent revisions within the village overlay district.

(1)

Except as provided in Subsection N(2) and (3), any change proposed within a previously approved Village Overlay District will require the obtainment of a conditional use according to the procedures and standards listed in Article VII of this chapter. The evaluation of such conditional use will be based upon its compliance with the specific requirements of this chapter, as well as any conditions of approval attached to the original approval.

(2)

Minor revisions of existing uses which were previously approved as part of a Village Overlay District are permitted by right if they:

(a)

Do not violate any design standards specifically imposed upon the proposed use and its site;

(b)

Do not change any principal use;

(c)

Do not violate any of the standards imposed upon the entire development;

(d)

Do not violate any conditions attached to the original approval of the Village Overlay District; and

(e)

Do not adversely affect the architecture of the approved existing development.

(3)

The following accessory uses may be established by conditional use, subsequent to approval of a Village Overlay District development, subject to their respective specific criteria and the rules and procedures of Articles IV and VI of this chapter:

(a)

Home occupations; and

(b)

Accessory apartments.

Modifications of design standards.

(1)

The Board of Supervisors may, by conditional use approval, permit the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for village development, as required by Article VII, also make application for conditional use approval under this section. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the design standards shall be subject to the following standards:

(a)

Such modifications of design standards better serve the intended purposes of this overlay district;

(b)

Such modifications of design standards would not result in adverse impact to adjoining properties, nor future inhabitants within the Village Overlay District development;

(c)

Such modifications will not result in an increase in residential densities permitted for the site; and

(d)

The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria.

[1]

Editor's Note: Former § 490-21.1, Riparian Buffer Protection Overlay District, added 9-3-2015 by Ord. No. 2015-05, which immediately preceded this section, was repealed 7-21-2016 by Ord. No. 2016-02.

§ 490-23 TDR Sending Overlay District.

Purpose. The TDR Sending Overlay District is intended to protect prime agricultural land by shifting development to designated areas in the Township through the transfer of development rights. This Overlay District is to be used as the designated sending area as specified in the section on the transfer of development rights within this chapter.

Permitted uses. The development and/or use of any land will be permitted, subject to the provisions of this section, provided that the development or uses adhere to all requirements of the underlying zone.

Conditional uses. Conditional uses will be granted subject to the provisions of this section, provided that the development or uses adhere to all requirements of the underlying zone.

Area and design requirements. It is the express intent of these provisions that the maximum size of lots created for any use other than agriculture be limited in order to provide for the retention of tracts of sufficient size to be used for agricultural purposes.

(1)

Maximum area requirements. Applications for residential use in this overlay district shall be limited to lots no larger than 2.5 acres. The maximum lot area shall not apply if the applicant can demonstrate by credible evidence that the area proposed for the dwelling lot does not predominantly consist of Class I, II and/or III soils, as identified in a soil survey; or is generally unsuitable for agricultural purposes, or, where an applicant desires to subdivide an existing dwelling from the parent tract, the applicant may opt to impose the maximum lot area requirements of this section upon such existing dwelling, rather than on a proposed dwelling located on the remainder of the parent tract. Larger lot areas shall be permitted in order to allow for the siting of on-lot sewage disposal systems and allow for dilution of nitrates as demonstrated in a hydrogeological study as prepared in accordance with PA DEP requirements.

(2)

Minimum lot area. The minimum lot area shall be two acres.

Limitations on land development. Development of the overlay district shall be limited to the use of development rights for the development of 10% of the parent tract area. This limitation shall supersede any reference to the use of development rights for residential (or other) use in development of this overlay district.

[Amended 4-15-2010 by Ord. No. 2010-01]