(a)

Any lawful building, land or use existing at the effective date of this chapter may be continued, although such building, land or use does not conform to the provisions of this chapter.

(b)

Nonconforming residential uses structures and/or structures on nonconforming lots in article V, sections 232-109, 232-123, 232-137, 232-151, 232-165, 232-180 and 232-195, may be extended to the maximum building area permitted in each district. This extension must occur within the allowable building coverage and setback requirements of these districts. Nonconforming commercial uses, structures and/or structures on nonconforming lots in any residential district shall not be expanded unless all area and dimensional requirements of the residential district are met and a buffer in accordance with subsection 232-592(1) is provided.

Nonconforming buildings, lands or uses in all other districts may be expanded by 50 percent. This extension must occur within the allowable building coverage, impervious surface and setback requirements of these districts and in compliance with section 232-592. Only one such expansion shall be permitted.

(c)

Any building which has been damaged by fire, explosion or any other cause may be repaired or rebuilt on its original footprint and at its former overall height provided that the rebuilding and/or repair shall be commenced within one year from the date that the building was damaged and continued with due diligence to completion without voluntary interruption. Any deviation from the former overall dimensions shall conform to all provisions of this chapter.

If the structural damage is 50 percent or more as determined by the Township Fire Marshal, Building Inspector, Township Engineer and/or the applicant's structural engineer, the entire structure shall be brought into conformance with all current Township building codes.

(d)

No building which has been razed shall be rebuilt except in conformity with the provisions of the chapter.

(e)

If a nonconforming use of a building or portion thereof or of land is discontinued for a period of one year, such nonconforming use shall not thereafter be re-established and the future use shall be in conformity with this chapter.

(Ord. No. 96-05, Art. XIII(1300), 6-3-96; Ord. No. 2000-08, § IV, 5-23-00)

No building shall hereafter be erected unless there is direct access to it from a paved street or highway. Access from a street or way shall be a paved surface, no less than 12 feet in width. No building shall hereafter be erected so as to close the present means of access to an existing dwelling or so as to diminish this means of access.

(Ord. No. 96-05, Art. XIII(1301), 6-3-96)

(a)

One and two-family detached residential uses.

(1)

A private garage or other accessory building which is not an integral structural part of a main building may be located no closer than the front yard distance for that district, no closer to the street line than the principal building, no closer than the side yard distance for that district.

(2)

Private garages or other accessory buildings may be placed no closer than five feet from the rear and/or side property line only, provided that the private garage or other accessory building is located at a point behind any major rear facing portion of the principal building.

(3)

In no case shall a garage or other accessory building be closer than ten feet to any other structure.

(4)

Nothing in this section shall be construed to prohibit the erection of a common or joining garage which is not an integral structural part of a main building on adjoining lots. No permit shall be issued for the construction of a private garage unless such private garage will be accessory to an existing building.

(b)

All other uses. Buildings accessory to the main use must meet the yard requirements of the applicable district.

(c)

Retaining walls. Retaining walls may be constructed in a yard area. The maximum permitted exposed height of a retaining wall abutting a residential district shall be no higher than the distance to the nearest building on an adjacent parcel or eight feet, whichever is less. The wall shall be located no closer than three feet from property lines unless construction and maintenance easements are produced from abutting property owners.

(d)

Fences.

(1)

Fences may be erected in any front, side or rear yard. Unless specified elsewhere in this ordinance, fences shall not exceed six and one-half feet in height.

(2)

Fences abutting a private driveway or located beyond the front building set-back line shall not exceed four feet in height.

(3)

Fences may be erected on properties that have multiple front yards, however, along the street line on which the principal building fronts, the fence shall not exceed four feet in height, and along the remaining front yard streets lines that do not abut a private driveway, the fence shall not exceed six and one-half feet in height.

(4)

In all cases, the height of the fence shall be measured from grade level.

(5)

In all residential districts, fences may only be of the following materials and construction:

a.

Stockade fence of wood, with a wood frame, provided that the framework must face the interior of the lot. Stockade fences shall not be permitted on any residential front yard;

b.

Ranch rail fence of wood, provided that the distance between each horizontal piece of the fence shall not be less than 12 inches;

c.

Open metal mesh or chain link fence, supported by posts or frames of either pipe or wood, provided that the posts and frame must face the interior of the lot. In any residential front yard, no slats or other materials may be placed within the mesh or chain links of the fence so as to obstruct vision through the fence;

d.

Wire, barbed wire, electrified fences and/or any other fences of similar material or construction shall not be permitted in any residential district; or

e.

Any other industry acceptable material sold, distributed or otherwise used for the construction of a fence.

f.

Any fence constructed or erected within a residential district of such materials as permitted in accordance with Chapter 232, subsection 583(d)(5) shall not be painted or constructed of brightly colored or multicolored materials, but shall remain neutral color to prohibit any offensive appearance to adjacent property owners.

(6)

In all other districts, fences may only be of the following materials and construction:

a.

All materials and construction set forth in subsection (5) above;

b.

Security fences not exceeding six and one-half feet in height may have an additional one foot of barbed wire installed above them only in industrial or institutional districts.

(7)

Notwithstanding the foregoing, on any property on which an apartment building or an apartment complex is located:

a.

The owner of a property shall erect, install and maintain a fence on each boundary of the property, except any boundary which fronts on a public right-of-way, if any. The fence shall be a minimum height of six feet, and in no event shall exceed a maximum height of eight and one-half feet, and shall be of such construction, design and materials to obscure vision through it and to prevent the passage of litter, trash or garbage through the fence.

b.

Permitted fences shall be of the following types of construction:

1.

Stockade fence of wood, provided that the distance between each horizontal piece of the fence shall not exceed four inches;

2.

Ranch rail fence of wood, provided that the distance between each horizontal piece of the fence shall not exceed four inches;

3.

Metal mesh or chain link fence, provided that the area of each individual opening shall not exceed two square inches. Slats to obscure vision may be inserted within the wire mesh or chain links; or

4.

PVC or other similarly industry accepted material for the construction of a fence.

c.

For the purpose of this section, an apartment building is defined as any building designed and occupied exclusively as a residence for three or more families. An apartment complex is defined as one or more apartment buildings that are constructed and located upon one or more common and contiguous parcels of land and/or which share a common popular name.

(8)

Swimming pools, spas and hot tubs shall be subject to the requirements of section 232-588 of this chapter.

(9)

All fences and walls must comply with the requirements of section 232-584 of this chapter relating to obstructions which prohibit any structure, wall, fence, planting or other visual obstruction between the height of two feet and seven feet above the level of intersecting streets being constructed or erected within any clear sight triangle for a corner lot.

(10)

No fence can be constructed for the purpose of cutting off the light or air of any adjoining property, nor constructed of unsightly materials for the purpose of annoyance or harassment.

(11)

Fences shall be subject to all of the requirements of the Township Property Maintenance Code.

(e)

Permits.

(1)

No fence or wall can be constructed without first obtaining a permit from the Township Department of Building and Planning, along with all applicable permits as may be required by this Code and/or other applicable laws, except, however, that no permit shall be required for the repair and/or renovation of all or part of a fence existing on any property within the Township.

(2)

All ordinances and/or parts of ordinances of the Township that are inconsistent with this section are hereby similarly repealed.

(3)

The provisions of this section are severable. If any section, clause, sentence, part or provision of this section shall be determined to be illegal or invalid by any court of competent jurisdiction, such decision shall not impair or affect the remaining terms, sections and clauses of this section. If there are any inconsistencies between the provisions of this section and any other section of the Zoning Ordinance in effect, the terms and provisions of this section shall control.

(f)

Violations. Any person who shall violate any provision of this section commits a summary offense and shall, upon conviction thereof, be sentenced to pay a fine or penalty not to exceed $600.00 for each and every offense, along with the cost of prosecution thereof. Each and every day on which a violation of this section continues shall be deemed a separate offense.

(Ord. No. 96-05, Art. XIII(1302), 6-3-96; Ord. No. 98-06, § 1(B), 1-30-98; Ord. No. 2004-3, § I, 3-2-04; Ord. No. 2009-05, 6-22-09; Ord. No. 2013-04, § 1, 4-8-13)

On any corner lot a clear sight triangle shall be provided. Within such triangles no structure, wall, fence, planting or other visual obstruction between the height of two feet and seven feet above the level of the intersecting streets shall be permitted. Such triangles shall be delineated by a line drawn across a lot to connect points on the two street lines at the following minimum distances:

(1)

Twenty-five feet from the point of intersection of the street lines of two streets where both are local streets.

(2)

Thirty-five feet from the point of intersection of the street lines of two streets where one is a collector street.

(3)

Forty-five feet from the point of intersection of two streets where one is an arterial street.

Whenever a portion of the line of such triangles occur within the proposed building setback line, such portion shall be considered a building setback line.

(Ord. No. 96-05, Art. XIII(1303), 6-3-96)

(a)

No building may be erected, altered or used and no lot or premises may be used in any district for any use which results in noxious, toxic or corrosive fumes or is offensive by reason of odor which constitutes a public hazard, by reason of fire, explosion, smoke, odor, dust, vibration, illumination, noise, electrical disturbance, pollution of water, air or otherwise.

The applicant, as a condition of approval of a permit application, shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed uses will not be noxious, hazardous, or offensive as defined above.

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

(1)

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

(2)

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

(3)

Make such reasonable tests as are deemed necessary.

(b)

Attached (row) or semi-detached buildings used exclusively as dwellings shall not be permitted in any district, except under the townhouse provisions contained in R-3, R-3A, R-33, R-55 residential districts, found at articles V, sections 232-179, 232-195, 232-253 and 232-269 respectively.

(Ord. No. 96-05, Art. XIII(1304), 6-3-96)

(a)

General regulations.

(1)

All parking requirements listed herein shall be provided on the lot containing the specified use. In no case shall parking on public roads, streets or thoroughfares be permitted in nonresidential districts.

(2)

In no case is parking permitted to be located in required buffer areas.

(3)

Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than required under this chapter for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.

(4)

If parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces complying with subsections (4)a., b., c. and d. shall be provided in each such parking area in conformance with the table in subsection (4)e. Vehicles shall be identified by either a "HANDICAPPED" or a "SEVERELY DISABLED VETERAN" license plate or official placard.

a.

Accessible parking areas shall be designated as reserved by a sign showing the International Symbol of Accessibility (R7-8) and the Penalty Sign (R7-8B) or such signs as may be required by the State of Pennsylvania. The distance from the bottom of the R7-8B sign to the ground shall be no less than 42 inches.

b.

In order to improve visibility, handicapped spaces/areas may be marked using blue paint, a blue on white logo may be painted towards the rear of the space.

c.

A five-foot wide access aisle shall be provided for handicapped spaces. Two adjacent spaces may share a common aisle. The aisles should be level with the parking space(s), shall be diagonally striped and be part of an accessible route as required by Americans with Disabilities Act - Accessibility Guidelines.

d.

Curb ramps must be located within the access aisle boundaries, not within the parking space.

e.

In addition to these requirements for all non-single family detached dwellings, as set forth in subsection (c)(2) below, the number of handicapped spaces to be provided shall be as follows:

f.

Ten percent of parking spaces provided for medical outpatient and drug stores shall be accessible. Twenty percent of parking spaces provided for medical facilities that specialize in treatment or services for persons with mobility impairments shall be accessible.

g.

Businesses whose primary function is repair or service of vehicles, where a person would turn their vehicle over to an employee of the business, should be treated as having valet parking. No accessible spaces would be required.

(5)

The parking areas required in subsection 232-586(c)(2), below shall be subject to stormwater management pursuant to section 201-105 of the Bensalem Township Subdivision and Land Development Ordinance No. 268, as amended.

(6)

No parking is permitted in the floodplain district except to serve the uses listed in subsection 232-58(5). Such parking shall occur on the natural topography and only porous materials shall be permitted for these parking areas.

(7)

No parking is permitted in wetland areas as delineated by the U.S. Army Corps of Engineers or the Department of Environmental Protection, Bureau of Dams, Waterways, and Wetlands.

(8)

All parking facilities shall be designed and approved in accordance with the requirements of the Bensalem Township Subdivision and Land Development Ordinance No. 268, as amended, and maintained as designed and approved.

(b)

Dimensional requirements.

(1)

Dimensions for parking spaces and handicapped parking spaces in all districts shall be no less than those listed in the following table:

_____

_____

a.

Angle of parking shall be the acute angle formed by the intersection of the parking space delineation line with the centerline of the aisle.

b.

Parking spaces width shall be the perpendicular distance between the parking space delineation lines.

c.

Parking space depth shall be the perpendicular distance from line formed by the rear of the parking space delineation lines to the line formed by the front of the parking space delineation lines.

(c)

Parking space requirements.

(1)

Parking for single-family detached dwellings. Not less than two off street, paved, parking spaces with a minimum ten foot wide paved access from a street or way shall be provided on any lot on which a single-family detached dwelling or manufactured home is hereafter erected. All parking areas on premises shall be adequate to provide ample area for vehicles inasmuch as the vehicles should not encroach into the public right-of-way, to include the street and/or sidewalk and provided that the vehicle parked on the premises does not cause a sight obstruction at a corner or a neighboring parking area or driveway.

Parking spaces shall be a minimum of nine feet in width and 18 feet in length and shall be arranged such that each space has independent access to the street or way. Garages shall not count as off street parking spaces.

(2)

Handicapped parking space requirements.

a.

Standard accessible parking spaces. Parking stall dimensions shall be 12 feet wide by 18 feet long with an adjacent five-foot access aisle (with appropriate striping).

b.

Minimum accessible parking space. If, in the discretion of the Township Council, it is determined that due to physical or spacial constraints the standard accessible parking space(s) cannot be accommodated, the applicant may substitute a minimum accessible parking space. Parking stall dimensions are to be eight feet wide by 18 feet long with a five foot wide adjacent access aisle. In addition, one in every eight accessible spaces, but not less than one, shall be "van accessible." A van accessible space shall be the same dimensions as a minimum accessible space (eight feet by 18 feet), however, it shall be served by an adjacent eight foot wide access aisle (with appropriate striping).

(3)

Parking for all other uses. The following types of uses shall provide off street parking areas as indicated. These parking areas shall conform to subsection 232-586(b) and shall be paved, and have paved access from a street or way and shall be located on the lot on which such use is situated. Parking areas shall be designed such that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other vehicle.

_____

(d)

Special parking requirements.

(1)

Reserved.

(2)

BP district.

a.

Parking for combined uses: When accessory uses requiring different parking ratios under subsection 232-586(c) are conducted on the same lot under single ownership, the parking requirements shall be in accordance with subsection 232-586(c) for that use which requires the greatest number of parking spaces. Where a separate parking area is provided for a single accessory use, such area shall be located contiguous to the use it serves.

b.

Prohibited parking areas: Parking shall be designed so that it is only located in the side or rear yards on the lot. No parking space shall be permitted within 15 feet of any property line or the rear line of a required buffer area. No parking spaces, access drives and/or aisleways shall be permitted within 15 feet of any building.

c.

The lot shall have one accessway to a public street. Said accessway shall not be less than 24 feet in width.

d.

Impervious surface coverage of any parking lot shall not exceed 50 percent of the total lot area.

(3)

G-C district.

a.

Parking for combined uses: When several uses requiring different parking ratios under this section are conducted on the same lot under single ownership, the parking requirements shall be in accordance with that use which required the greatest number of parking spaces.

b.

Prohibited parking areas: No parking of vehicles shall be permitted in the area within 25 feet from the abutting outside boundary of a public street, road or highway, nor within 25 feet from any other property line bounding the premises.

(4)

R-3A district.

a.

Parking areas shall be sufficient to accommodate a minimum of two cars per unit or four cars per duplex, in common parking areas. In each parking area, at least ten percent of the total area shall be set aside for buffer purposes in order to avoid long contiguous rows of cars. All parking spaces must be a minimum of nine feet by 18 feet. If parking is provided on individual lots, it shall be mandatory to provide individual guest parking in common or public areas. Such additional parking shall be a minimum of three parking spaces per unit. This additional guest parking area shall only be calculated for "on lot parking units."

(5)

The special requirements found at article XIII, section 232-591 also apply.

(Ord. No. 96-05, Art. XIII(1305), 6-3-96; Ord. No. 98-05, § 1(B), 1-30-98; Ord. No. 99-14, § 1, 5-25-99; Ord. No. 2009-05, 6-22-09; Ord. No. 2017-3, § I(D), 2-13-17; Ord. No. 2021-04, §§ 34—36, 8-23-21)

Adequate off-street loading and unloading space with proper access from a street, alley or driveway shall be provided on any lot on which a building is hereafter erected, substantially altered or used for commercial, industrial or manufacturing purposes or as an institution, apartment house or for any use involving the receipt or distribution of material or merchandise. Such space shall be sufficient to accommodate all truck loading, unloading and waiting and may be provided inside or outside a building. The space for off-street loading and unloading shall be in addition to the required off-street parking spaces and aisles and in no case shall less than one space be provided.

(1)

Each truck loading space shall consist of a minimum of 780 square feet of usable area, 12 by 65 feet in size, exclusive of access roads connecting such space with a street, alley or driveway. Access to each loading space shall have radii sufficient to service the largest anticipated vehicle.

(2)

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

(3)

In all cases of new construction involving railroad sidings, finalized plans for such sidings must be submitted to the railroad involved for approval by the applicant and a copy of such approval shall be on file with the Township.

Access to off-street loading and unloading spaces shall in no case be directly from a public street or right-of-way. All necessary turning and maneuvering shall occur entirely on the premises.

(Ord. No. 96-05, Art. XIII(1306), 6-3-96)

(a)

Area regulations for swimming pools accessory to one and two-family detached residential dwellings. Swimming pools, spas, and hot tubs having a depth of 18 inches or more shall not be located in any front yard, and shall further be located so as to allow at least ten feet from any property line to any point on the pool. In the case of corner lots, the pool shall not be located within any front yard setbacks, no closer to the street line than the principle building, and no closer than ten feet to any side property line. In addition, all such swimming pools, spas, and hot tubs shall be enclosed in accordance with Section 421.10 of the BOCA National Building Code of 1993, as amended.

(b)

Commercial or public swimming pools. Commercial or public wwimming pools shall be treated as a building and shall be in conformance with all area and dimensional requirements of the zone in which they are located. All applications for swimming pools in this subsection shall be submitted as a land development application and shall adhere to the land development requirements of the Subdivision and Land Development Ordinance, as amended.

(Ord. No. 96-05, Art. XIII(1307), 6-3-96)

(a)

Each self-service gasoline service station (as that term is defined in subsection 232-408(4) of this chapter) must:

(1)

Have at least one trained attendant on duty while the station is open to the public for business which attendant shall have an unrestricted view of each pump and have instantaneous communication with each customer;

(2)

Utilize only Underwriter Laboratories approved pumps and dispenser equipment;

(3)

Be equipped with a control panel that permits the immediate activation or deactivation of every pump;

(4)

Have posted warning signs in conspicuous locations with each sign stating:

a.

WARNING - IT IS UNLAWFUL AND DANGEROUS TO DISPENSE GASOLINE INTO UNAPPROVED CONTAINERS:

b.

NO SMOKING

c.

STOP MOTOR

(5)

Have at least one Underwriter Laboratories listed fire extinguisher of proper class within 25 feet of each pump;

(6)

Comply in all respects with the Pennsylvania State Police Regulations concerning special and automatic dispensers.

(Ord. No. 96-05, Art. XIII(1308), 6-3-96)

In addition to normal household pets, horses and ponies may be kept in any zoning district. In all zoning districts except R-AA and CSD there must be compliance with the following regulations:

(1)

A minimum paddock area of 30 feet by 60 feet be maintained on the premises, the same to be of such type construction as complies with all other Township ordinances, or other laws, rules and regulations, etc., of the County of Bucks, Commonwealth of Pennsylvania, or of the United States of America.

(2)

A buffer area between all adjoining properties of 50 feet be maintained, said buffer area to be separately and adequately fenced so that no horse or pony shall have access thereto, nor shall any such horse or pony be permitted at any time in the buffer area. No stables, equipment, food, supplies, manure, or any other accessory use, shall be located in or upon the buffer area.

(3)

The number of horses or ponies or combinations thereof shall be determined by the size of the parcel of land involved and shall be limited as follows:

a.

No horses or ponies shall be permitted on parcels of less than one acre.

b.

Parcels of one acre, but less than two acres: Two.

c.

Parcels of two acres, but less than three: Four.

d.

Parcels of three acres but less than five: Ten.

e.

Parcels of five acres or more: Twenty.

(4)

A special permit shall be obtained by each property owner desiring to have such horse or horses, pony or ponies or combinations thereof, as a prerequisite to the keeping of such animals. This permit shall only be issued upon total compliance with all of the provisions hereof. The cost of the permit shall be the same as for all other zoning permits and this permit shall be in addition to the normal zoning permit required under the provisions of the Zoning Ordinance.

(Ord. No. 96-05, Art. XIII(1309), 6-3-96)

The following regulations shall govern the parking, housing or maintaining of vehicles on the premises.

(1)

It shall be unlawful to load or unload any commercial vehicle in a residential district except for normal retail deliveries or for moving the contents of a residential premises.

(2)

It shall be unlawful for any person to park, store or house a commercial vehicle with a gross weight in excess of 10,000 pounds on a residential district premises.

(3)

It shall be unlawful for any person to use premises in a residential district for a loading station or warehouse.

(4)

The following regulations shall apply to the parking, housing and storage of vehicles in a G-C general commercial district:

a.

Commercial vehicles may be parked, stored or housed in a commercial area without any regulation as to the number of such commercial vehicles provided;

1.

That such commercial vehicles shall be owned or leased and operated by the owner or occupant of said premises in the business of said owner or occupant.

2.

That such business of the owner or occupant of said premises shall be a permissible use under this chapter or amendment thereto.

3.

That such commercial vehicles shall not, because of their weight and size, exceed a "U" Pennsylvania License requirement.

b.

Truck parts and truck storage, except as an accessory use to a permitted G-C general commercial use are hereby prohibited.

(5)

No more than one unlicensed and/or uninspected vehicle shall be stored outdoors on the premises.

(Ord. No. 96-05, Art. XIII(1310), 6-3-96)

Bufferyards and planting strips shall be provided for all land developments occurring in the NRP, MHP, R-3A, R-33, R-55, A-D, BP, G-C, H-C1, PCD, CSD, L-I, G-I and IN districts in accordance with the following requirements:

(1)

A twenty-foot bufferyard and planting strip shall be provided along each boundary which is opposite or adjacent to a residence district or to a park.

(2)

Where the residence district or park is adjacent to or opposite to a side yard or rear yard, the bufferyard and planting strip shall be required in addition to (not including or within) the rear yard or side yard requirements of the district, the following standards shall apply:

a.

The planting materials or trees used in the bufferyard and planting strip shall be of such species and size as will produce within three years a complete visual screen at least six feet high.

b.

The planting strip shall be maintained permanently and any plant material which does not survive, shall be replaced within 120 days.

c.

The screen planting shall be broken only at points of vehicular or pedestrian access.

d.

In all bufferyard and planting strips, the exterior width beyond the planting screen shall be planted with grass seed, sod or ground cover, and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.

e.

The screen planting shall be placed so that at maturity it will be no closer than three feet from any street or property line.

f.

No structure, materials, equipment or parking of any vehicle or motorcycles, motorbikes or boats shall be permitted in the bufferyard and planting strip.

(3)

In the IN institutional district a bufferyard along the entire lot line where the lot is adjacent to a residential district or residential use shall be provided in accordance with one of the following options:

a.

A 100-foot wide buffer strip shall be provided in addition to the minimum yard requirements of this district, which buffer strip shall be maintained in grass, or

b.

A 50-foot wide buffer strip shall be provided in addition to the minimum yard requirements, which buffer strip shall include one four to five foot evergreen tree per each 40 lineal feet of buffer plus one 2½-inch caliper shade tree per each 40 lineal feet of buffer, or

c.

A 20-foot wide buffer strip shall be provided in addition to the minimum yard requirements, which buffer strip shall include a minimum of one three to four foot shrub per three feet plus one four to five foot evergreen tree per each eight lineal feet of buffer, or

d.

A ten-foot wide buffer strip shall be provided in addition to the minimum yard requirements, which buffer strip shall include one minimum five-foot high opaque fence or wall and one 2½-inch caliper shade tree for each 40 lineal feet of buffer.

(4)

A buffer planting strip of not less than 50 feet shall be provided in an R-33 district, which buffer planting strip may be included in the setback of 75 feet required from any dwellings adjacent to any other zoning district, pursuant to article V, subsection 232-255(5)c.

(5)

A 20-foot bufferyard and planting strip, or in lieu thereof, a barrier shall be provided along each R-55 PRC zoning classification line except where the adjacent use consists of open space, existing park land or a natural water feature. The barrier may be an opaque fence, brick, masonry or similar type wall of at least five feet in height. The barrier shall be compatible with the surrounding land uses and architecture. The bufferyard may be included within the 100-foot setback as provided for in article V, subsection 232-273(3). The screen planting and bufferyard shall be provided and maintained so as to comply with the Bensalem Township Subdivision and Land Development Ordinance.

(6)

Parking areas in a BP districts shall be screened as follows:

a.

Three to four feet high shrubs to be planted on three-foot centers plus one 2½-inch caliper shade tree to be planted for each 30 lineal feet of parking areas, pursuant to article IX, section 232-438.

(7)

A 15-foot landscaped bufferyard and planting strip shall be provided in each PCD development between any side lot line and any off-street parking area or access drive, pursuant to article X, subsection 232-464(c)(2); likewise, a 20-foot landscaped bufferyard and planting strip shall be provided between any rear lot line and any off-street parking area or access drive, pursuant to article X, subsection 232-464(c)(3).

(8)

Pursuant to article XII, subsection 232-562(b), CSD convention stadium district, it is expected that additional bufferyards and planting will be provided above those required, such bufferyards and planting strips to be mutually determined by the applicant and the application review committee.

(9)

Outside assembly or activity areas in an IN institutional districts shall be screened from all parking areas by either the planting of three to four foot shrubs planted on three-foot centers, plus one 1½ to 2½ inch caliper shade tree planted at 40-foot intervals, or a fence, minimum five feet high or wall plus one 1½ to 2½ inch caliper shade tree planted at 40-foot intervals, pursuant to article VII, section 232-359.

(Ord. No. 96-05, Art. XIII(1311.0, 1311.1), 6-3-96; Ord. No. 2000-08, § III, 5-23-00)

When the districts referred to in section 232-592 abut any rural or residence district boundary line, a yard shall be provided which shall not be less than 75 feet in width, measured from the rear of the 20-foot bufferyard and planting strip referenced in subsection 232-592(1) except subsections 232-592(3)a. through d., (4) and (6), above, except that in the R-33, R-3A, A-D and SRM districts the 75-foot yard shall be measured from the boundary line.

(Ord. No. 96-05, Art. XIII(1311.2), 6-3-96; Ord. No. 2021-09, § I, 11-8-21)

(a)

Home occupation definition. A permitted home occupation is defined as any occupation for gain or support conducted within a residential dwelling unit solely by persons residing in the dwelling, provided that the occupation or activity conforms in every respect with each and every requirement of the within article, and all provisions of the Bensalem Township Zoning Code and general law.

(b)

Permitted districts. Home occupations are permitted only in the R-A, R-A-1, R-A-2, R-AA, R-1, R-11, R-2, R-22, R-3, R-3A, R-33, A-D and MHP districts and no home occupation shall be permitted in any other district.

(c)

Use limitations. All home occupations shall be subject to the following use limitations, which limitations shall be in addition to all use limitations applicable in the zoning district in which the property is located:

(1)

The home occupation use shall be clearly incidental and secondary to use of the property as a residence.

(2)

The use of the dwelling shall not change the character thereof, or show any exterior evidence whatsoever of the existence of the home occupation within the premises.

(3)

The home occupation shall be carried on entirely indoors and within a dwelling.

(4)

No goods or merchandise of any kind shall be sold or publicly displayed upon the premises.

(5)

The occupation shall not occupy more than 400 square feet and shall not occupy more than 25 percent of the habitable space contained within the dwelling, including basements, whichever is less.

(6)

The home occupation shall not create noise, fumes, odor, dust, electrical interference, or other emanation of any kind which may be detected outside of the dwelling unit containing the use.

(7)

No mechanical equipment other than equipment normally intended for domestic, household, or small office use shall be permitted.

(8)

The storage of stock in trade and the sale of commodities or merchandise on the premises is prohibited, except for those produced upon the premises.

(9)

No signs whatsoever indicating use of the premises for a home occupation shall be permitted.

(10)

The home occupation shall not generate traffic or litter.

(11)

The use does not require internal or external alterations or involve construction features not customary in a dwelling unit.

(12)

No exterior storage of any materials shall occur.

(13)

Servicing by commercial vehicles for supplies and materials shall not be permitted.

(14)

No use which results in a violation of any Township ordinance relating to the parking or storage of vehicles upon any premises shall be permitted.

(15)

No home occupation shall be permitted which in any way violates the residential character or a neighborhood or otherwise interferes with the quiet enjoyment and aesthetic residential quality of any street or neighborhood.

(16)

Separate zoning and use and occupancy permits shall be obtained prior to commencement of the home occupation use.

(d)

License requirement. No use of a premise for purposes of an otherwise permitted home occupation shall be permitted, unless an appropriate license pursuant to the Bensalem Township Business Privilege/Mercantile License Tax has been obtained.

(Ord. No. 96-05, Art. XIII(1312.0—1312.3), 6-3-96)

(a)

Applicability. The Bensalem Township Council shall have the power to approve conditional uses when this chapter specifically requires the obtaining of such approval and for no other use or purpose.

(b)

Conditions and standards. In granting a conditional use, the Bensalem Township Council shall make findings of fact consistent with the provisions of this chapter. The Bensalem Township Council shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.

(c)

General requirements and standards. The Bensalem Township Council shall grant a conditional use only if it finds adequate evidence that any proposed development will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Bensalem Township Council shall among other things require that any proposed use and location be:

(1)

In accordance with the comprehensive plan and is consistent with the spirit, purposes, and the intent of this chapter;

(2)

In the best interests of the municipality, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity;

(3)

Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;

(4)

In conformance with all applicable requirements of this chapter, all municipal ordinances, and all state and federal statutes;

(5)

Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard; and

(6)

In accordance with sound standards of subdivision and land development practice where applicable.

(d)

Compliance. The Bensalem Township Council may impose whatever reasonable conditions it deems necessary to ensure that any proposed development will comply substantially with the objectives in this chapter.

(e)

Review by the Bensalem Township Planning Commission. The Bensalem Township Council shall request an advisory opinion from the Bensalem Township Planning Commission on any application for a conditional use; the Bensalem Township Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Bensalem Township Council on an application. For conditional use applications submitted pursuant to the Bensalem 2018 Regulating Code, the advisory opinion required by this section shall be provided by the Consolidated Review Committee in accordance with article III of this chapter.

(f)

Conditional use applications. Conditional use applications shall be governed by the following:

(1)

The landowner shall make a written request to the governing body that it hold a hearing on his application. The request shall contain a statement reasonably informing the Bensalem Township Council of the matters that are in issue.

(2)

The application shall be accompanied by plans and other material describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information required by this chapter shall accompany the application.

(3)

The Bensalem Township Council shall hold a hearing pursuant to public notice upon the request, commencing not later than 60 days after the request is filed, unless the applicant requests, or consents in writing to an extension of time.

(g)

Hearings. The Bensalem Township Council shall conduct hearings and make decisions in accordance with the following:

(1)

Administration. Township Council shall conduct hearings on applications for conditional use approval in accordance with the provisions of Article IX of the Municipalities Planning Code, 53 P.S. §§ 10908, 10909.1(b), 10913.2.

(2)

Bensalem 2018 Regulating Code. Township Council shall, upon consideration of applications for conditional uses subject to the Bensalem 2018 Regulating Code, grant such approval only if the application meets the intent of the Regulating Code, as set forth in chapter 1 thereof. Each application for conditional use submitted pursuant to the Bensalem 2018 Regulating Code shall include a project narrative indicating how the proposed application meets the stated goals and the design guidelines of the Regulating Code.

(h)

Application fee. The applicant for any hearing on a conditional use request before the Bensalem Township Council shall at the time of making application, pay a fee in accordance with a fee schedule adopted by resolution of the Bensalem Township Council or as such schedule may be amended from time to time.

(Ord. No. 96-05, Art. XIII(1313), 6-3-96; Ord. No. 2009-05, 6-22-09; Ord. No. 2015-10, § I, 12-22-15)

(a)

Applicability. The Bensalem Township Zoning Hearing Board shall have the power to grant special exceptions when this chapter specifically authorizes the granting of a use by Special Exception.

(b)

Conditions and standards. In granting a special exception, the Bensalem Township Zoning Hearing Board shall make finding of fact consistent with the provisions of this chapter. No special exception shall be granted except in conformance with the conditions and standards outlined in this chapter.

(c)

General requirements and standards. The Bensalem Township Zoning Hearing Board shall grant a special exception only if it finds adequate evidence that any proposed development will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Bensalem Township Zoning Hearing Board shall require that any proposed use and location be:

(1)

In accordance with the comprehensive plan and is consistent with the spirit, purpose, and the intent of this chapter;

(2)

In the best interests of the municipality, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity;

(3)

Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;

(4)

In conformance with all applicable requirements of this chapter, all municipal ordinances, and all state and federal statutes;

(5)

Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard;

(6)

In accordance with sound standards of subdivision and land development practice where applicable; and

(7)

In furtherance of, and not in derogation of, the public health, safety or welfare, the Zoning Hearing Board may impose whatever reasonable conditions and safeguards it deems necessary to ensure that any proposed development will substantially comply with the objective in this chapter.

(d)

[Application fee.] The applicant for any hearing on a request for special exception shall at the time of making application, pay a fee in accordance with the fee schedule adopted by resolution of the Bensalem Township Council, as such schedule may be amended from time to time.

(Ord. No. 96-05, Art. XIII(1314), 6-3-96)

(a)

Bus shelters shall be permitted in any zoning district in Bensalem Township when authorized as a conditional use by the Bensalem Township Council. Decisions by the Bensalem Township Council as to whether or not to permit a bus shelter as a conditional use shall be made pursuant to the conditions of article XXIII, section 232-595, conditional uses with the exception of subsection 232-595(f)(1) which shall not apply to requests for conditional use for bus shelters.

(b)

In those cases where the applicant for a conditional use pursuant to this section is not the registered owner of the property or right-of-way on which the bus shelter would be erected and where the bus shelter will be located all or partially within the property lines, the applicant must provide written permission from any affected property owner. Where the bus shelter would be located all or partially within a highway right-of-way on a highway owned or regulated by the Pennsylvania Department of Transportation, the applicant must provide written permission from the Pennsylvania Department of Transportation as well.

(c)

Any bus shelter erected pursuant to this section shall be permitted to include a two faced sign. Signs erected in accordance to this section may not exceed 24 square feet per side for a total of 48 square feet. Signs erected in accordance with this section may be illuminated in accordance with regulations set forth in subsection 232-714(6)b. No sign erected in accordance with this section 232-597 shall be a sign which violates the regulations set forth in subsection 232-714(6)b. of the Bensalem Township Zoning Code.

(d)

No bus shelter shall be erected pursuant to this section until the applicant has entered into an agreement with the Township in form acceptable to the Solicitor of Bensalem Township setting forth the respective responsibilities and requirements of the applicant and of Bensalem Township.

(e)

Applications for a bus shelter to be erected in accordance with this section shall include renderings and schematics of the proposed bus shelter. The Township Council in approving a particular bus shelter shall require the structure in question to be suitable for the property in question and that the bus shelter be designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the properties in the general vicinity of the proposed bus shelter.

(f)

Any application for a conditional use to be presented to the Township Council in accordance to this section shall include all structural details and such structural details shall be provided in accordance with subsection 232-595(c)d. of the Bensalem Code and be in conformance with all applicable requirements of the Bensalem Township Zoning Ordinance, all other ordinances of Bensalem Township and all state and federal statutes including, but not limited to, the BOCA Codes which have been adopted by Bensalem Township.

(Ord. No. 96-05, Art. XIII(1315), 6-3-96)

(a)

Telecommunication facilities shall be permitted in the following districts when authorized as a conditional use by the Township Council:

G-C general commercial

H-C1 highway commercial

BP business professional

PCD planned commerce park district

LI light industrial

G-1 general industrial

(b)

Telecommunications facilities are permitted either as the sole use on a lot, or in combination with other lawful uses when telecommunication facilities are the sole use on a lot, they shall meet the standards and conditions applicable to the zoning district in which they are located, except that the height restrictions shall be regulated by subsection 232-598(d) and shall also conform to the following additional provisions:

(1)

The telecommunication facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance or emergency repair.

(2)

An evergreen screen that consists of a hedge, planted three feet on center maximum, or a row of evergreen trees planted ten feet on center maximum shall be located along the perimeter of any security fence.

(3)

Existing vegetation, trees and shrubs shall be preserved to the maximum extent possible.

(4)

A security fence six feet high shall completely surround any freestanding tower, guide wires, and telecommunication equipment, building, where applicable.

(5)

Any tower shall be designed and constructed to all applicable standards of the American National Standards of the American National Standards Institute ANSI/EIA-222-E Manual as amended.

(6)

A soil report complying with the standards of appendix one: geotechnical investigations ANSI/EIA-222-E Manual as amended.

(7)

Towers and antennas shall be designed to withstand the effects of wind according to the standards designated by the American National Standards Institute as prepared by the Engineering Department of the Electronics Industry Association and Telecommunication Industry Associations (ANSI/EIA. TIA-222-E Code as amended).

(c)

Telecommunication facilities which are used in combination with another use on a lot, but are not part of another structure on the lot, shall meet the standards set forth in subsection 232-598(b), and shall also conform to the following additional provisions:

(1)

To the extent possible existing roadways and driveways shall be used to gain access to the telecommunications facilities. Additional entrances to the lot from a public road shall be strongly disfavored, and may be used only when no other practical access is available.

(2)

The telecommunications facilities shall be separately enclosed within the lot by a six-foot high chainlink fence.

(3)

Parking for the telecommunication facilities shall be in addition to that provided for the other uses on the lot.

(4)

The lot shall meet all of the dimensional requirements under this article for the zoning district regardless of whether those requirements have been met for the preexisting uses.

(d)

Telecommunication facilities which are attached to an unrelated structure or building on a lot shall meet the standards set forth in 232-598(b) subject to the following provisions:

(1)

If telecommunications facilities are located on top of a structure or building, such as on the roof of a building, the building shall be designed or modified so as to prevent access to the telecommunications facilities by unauthorized persons.

(2)

The height of any telecommunications facilities, or combined height of the telecommunications facilities and the building structure to which they are attached shall not exceed the maximum height permitted in the table below:

*Eighty feet for freestanding facility or a combined height not to exceed a 15-story building 40 feet for the telecommunications facility.

(e)

The following development regulations shall be considered by the Township Council in its deliberation of any conditional use applications to modify, alter, repair, reconstruct, construct or improve existing telecommunication facilities within the Township.

(1)

The applicant shall demonstrate compliance using technical evidence, that the telecommunications facility must be located where it is proposed in order to provide safe and reliable services within the service area of the applicant.

(2)

The applicant shall present documentation that any tower is designed with the standards cited in this section for telecommunication towers.

(3)

The applicant shall submit a site plan showing the following items:

a.

Locations of all existing uses and proposed telecommunication facilities.

b.

Elevations of any existing uses and proposed telecommunications facilities.

c.

Vehicular access, fencing, and any easements for access and utilities.

d.

The plans shall comply with the plan requirements of the Township Subdivision and Land Development Ordinance for submission as a land development, except as otherwise approved by Council.

(4)

The applicant shall demonstrate the height of the tower for the telecommunications facility is the minimum height necessary for the service area.

(5)

The telecommunication facility shall comply with all state and federal law and regulations concerning aviation safety.

(6)

The applicant shall demonstrate that the proposed telecommunication facility and tower are constructed in a manner consistent with all applicable industry standards; that the surrounding area will not be adversely effected by the support structure failure, falling ice, other debris; and that electro magnetic fields or radio frequency interference are within the limitations of the latest editions of standards set by the following oversight organizations:

American National Standards Institute (ANSIC95.1 as amended) the Institute of Electrical and Electronic Engineers (IEEE-C95.1 as amended)

The National Council on Radiation Protection and Measurements (NCRP)

The International Radiation Protection Asociations (IPRA).

(7)

All towers and support structures shall be fitted with anti-climbing devices, as approved by industry standards.

(8)

In order to reduce the number of antenna support structures needed in the Township all towers and support structures shall be designed to permit accommodation of future users including other telecommunication companies and police, fire, and emergency services. Furthermore, the applicant shall document the other existing structures are not available for antenna support. The applicant shall demonstrate that owners of all structures that are in excess of 60 percent maximum height allowed under subsection 232-598(b)(2) within one-quarter mile radius of the site proposed have been contacted for permission to install the antenna on those aforesaid structures; and, permission for installation was denied even when customary rental prices were offered.

(9)

The applicant shall demonstrate that other telecommunications licensees have been contacted with the objective of encouraging location of licensees antenna on the proposed tower.

(10)

The applicant shall design the tower to be as compatible as reasonably possible with the surrounding area including where appropriate disguising the tower to resemble a tree, church steeple, or other structure.

(Ord. No. 97-47, § 2, 12-9-97; Ord. No. 99-17, § 1B, 5-25-99; Ord. No. 2009-05, 6-22-09)

(a)

Definitions.

Check means a type of negotiable instrument as defined in 13 Pa. C.S. 3104 (f), (g) and (h) and domestic postal orders.

Check casher means any person and/or business entity, whether operating as a proprietorship, partnership, association, limited liability company or corporation, that engages in the cashing of checks for a fee, including, but not limited to, those licensed by the Department of Banking of the Commonwealth of Pennsylvania pursuant to the Pennsylvania Check Casher Licensing Act, 63 P.S. 2301, et seq.

Pawnbroker means any person and/or business entity, whether operating as a proprietorship, partnership, association, limited liability company or corporation, that:

(1)

Engages in the business of lending money on the deposit or pledge of personal property, other than choses in action, securities, or written evidences of indebtedness; or

(2)

Purchases personal property with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or

(3)

Lends money upon goods, wares or merchandise pledged, stored or deposited as collateral security, including, but not limited to, those licensed by the Department of Banking of the Commonwealth of Pennsylvania pursuant to the Pennsylvania Pawnbrokers License Act, 63 P.S. 281-1, et seq.

Pawnbroker establishment means a pawnbroker, as defined herein.

(b)

Locational restriction.

(1)

A check casher, pawnbroker and/or pawnbroker establishment shall be permitted only in general industrial districts, subject to all the regulations applicable to such a zoning district, and further subject to the additional regulation that it shall be unlawful to establish an check casher, pawnbroker and/or pawnbroker establishment within 1,000 linear feet of another check casher, pawnbroker and/or pawnbroker establishment. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the boundary line of the property on which the check casher, pawnbroker and/or pawnbroker establishment is located or conducted, to the nearest boundary line of any other premises on which a check casher, pawnbroker and/or pawnbroker establishment is located.

(2)

No building, premises, structure or other facility that contains any check casher, pawnbroker and/or pawnbroker establishment shall contain any other kind of check casher, pawnbroker and/or pawnbroker establishment.

(c)

Non-conforming uses.

(1)

Any business lawfully operating on the effective date of this section that is in violation of the locational requirements set forth in subsection (b) shall be deemed a non-conforming use.

(2)

Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more check casher, pawnbroker and/or pawnbroker establishment are within 1,000 feet of one another and otherwise in a permissible location, the check casher, pawnbroker and/or pawnbroker establishment first established and continually operated at a particular location is the conforming use and the later-established business is non-conforming.

(d)

Exterior portions of check casher, pawnbroker and pawnbroker establishments.

(1)

It shall be unlawful for a check casher, pawnbroker and/or pawnbroker establishment to allow the exterior portion of the establishment to have flashing lights, or any words, lettering, drawings, and/or pictorial representations of any manner except to the extent permitted by the provisions of this section.

(2)

It shall be unlawful for a check casher, pawnbroker and/or pawnbroker establishment to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a check casher, pawnbroker and/or pawnbroker establishment existing and operating at the time of adoption of this section.

(e)

Signage.

(1)

Notwithstanding any other Township ordinance, code or regulation to the contrary, it shall be unlawful for any check casher, pawnbroker and/or pawnbroker establishment, or any other individual, partnership, firm, association, corporation, or other legal entity, to erect, construct, or maintain any sign for the check casher, pawnbroker and/or pawnbroker establishment other than one primary sign and one secondary sign, as provided herein.

(2)

Primary signs shall have no more than two display surfaces. Each such display surface shall:

a.

Not contain any flashing lights;

b.

Be a flat plane, rectangular in shape;

c.

Not exceed 75 square feet in area; and

d.

Not exceed ten feet in height or ten feet in length.

(3)

Secondary signs shall have only one display surface. Such display surface shall:

a.

Be a flat plane, rectangular in shape;

b.

Not exceed 20 square feet in area;

c.

Not exceed five feet in height and four feet in width; and

d.

Be affixed or attached to any wall or door of the enterprise.

(4)

Primary and secondary signs shall otherwise comply in all respects with the requirements of the Township sign ordinance, sections 232-711, et seq.

(Ord. No. 2007-03, §§ I—V, 2-12-07)

Editor's note— Ord. No. 2007-03, §§ I—V, adopted February 12, 2007, did not specify manner of inclusion; hence, inclusion as § 232-599 is at the discretion of the editor.

(a)

Definitions.

Canteen truck. A vehicle that operates to provide food services to workers at locations where access to such services is otherwise unavailable or impractical (e.g., a construction site); from which the operator sells food and beverages that require no on-site preparation or assembly other than the heating of precooked foods; and is not advertised in any form to the general public except by virtue of signage on the vehicle. Products sold from canteen trucks may include fruits, vegetables, precooked foods such as hot dogs, prepackaged foods, and prepackaged drinks.

Food truck. A vehicle from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, provided further that food trucks may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food truck operators may market their products to the public via advertising, including social media.

Ice cream truck. A vehicle from which the operator sells only prepackaged frozen dairy or water-based food products and prepackaged beverages. For purposes of this article, a non-motorized cart from which such products are sold shall be considered an ice cream truck.

Mobile food service vehicle. A food truck, canteen truck or ice cream truck and includes any portable unit that is attached to a motorized vehicle and intended for use in the operation of a food truck, canteen truck or ice cream truck.

Mobile food vendor. Self-contained food service operation, located in a readily movable motorized, wheeled, or towed vehicle, used to store, prepare, display or serve food intended for individual portion service.

(b)

Locational restriction.

(1)

Food Trucks. Food Trucks shall be permitted to operate only in the GI — General Industrial District, subject to all the regulations applicable to such zoning district, and further subject to the additional regulations set forth in Chapter 173 of the Code, including, but not limited to, prohibitions on operating within 1,000 feet of the outside perimeter of school property during school hours as well as one hour preceding or one hour after when school is in session; operating within 100 feet of a licensed concession stand in a Township park when that stand is open for business, unless the mobile food vendor is under contract with the Township to be in that specific location; operating within 100 feet of the primary entrance of a licensed restaurant during the hours the restaurant is open for business, unless the mobile food vendor is operating with the consent of the restaurant; or operating within ten feet of another mobile food service vehicle.

(2)

Canteen Truck.

a.

Canteen trucks shall be permitted in any zoning district but only on properties where active construction projects are ongoing subject to all the regulations applicable to such zoning district, and further subject to the additional regulations set forth in Chapter 173 of the Code, including, but not limited to, prohibitions on operating within 1,000 feet of the outside perimeter of school property during school hours as well as one hour preceding or one hour after when school is in session; operating within 100 feet of a licensed concession stand in a Township park when that stand is open for business, unless the mobile food vendor is under contract with the Township to be in that specific location; operating within 100 feet of the primary entrance of a licensed restaurant during the hours the restaurant is open for business, unless the mobile food vendor is operating with the consent of the restaurant; or operating within ten feet of another mobile food service vehicle.

Upon cessation of construction activities, the canteen truck shall no longer be permitted.

b.

If operating from a private property, canteen trucks shall be permitted to operate only in the GI — General Industrial District, subject to all the regulations applicable to such zoning district, and further subject to the additional regulations set forth in Chapter 173 of the Code, including, but not limited to, prohibitions on operating within 1,000 feet of the outside perimeter of school property during school hours as well as one hour preceding or one hour after when school is in session; operating within 100 feet of a licensed concession stand in a Township park when that stand is open for business, unless the mobile food vendor is under contract with the Township to be in that specific location; operating within 100 feet of the primary entrance of a licensed restaurant during the hours the restaurant is open for business, unless the mobile food vendor is operating with the consent of the restaurant; or operating within ten feet of another mobile food service vehicle.

(3)

Ice Cream Truck. Ice cream trucks shall be permitted in any zoning district, subject to all the regulations applicable to such zoning district, and further subject to the additional regulations set forth in Chapter 173 of the Code, including, but not limited to, prohibitions on operating within 1,000 feet of the outside perimeter of school property during school hours as well as one hour preceding or one hour after when school is in session; operating within 100 feet of a licensed concession stand in a Township park when that stand is open for business, unless the mobile food vendor is under contract with the Township to be in that specific location; operating within 100 feet of the primary entrance of a licensed restaurant during the hours the restaurant is open for business, unless the mobile food vendor is operating with the consent of the restaurant; or operating within ten feet of another mobile food service vehicle.

(c)

Non-conforming uses.

(1)

Any business lawfully operating on the effective date of this section that is in violation of the locational requirements set forth in subsection (b) shall be deemed a non-conforming use.

(2)

Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(d)

Exterior portions of mobile food vendors. It shall be unlawful for a mobile food vendor to allow the exterior portion of the establishment to have flashing lights, or any words, lettering, drawings, and/or pictorial representations of any manner except to the extent permitted by the provisions of this section or Chapter 173.

(e)

Signage. Notwithstanding any other Township ordinance, code or regulation to the contrary, it shall be unlawful for any mobile food service vendor, or any other individual, partnership, firm, association, corporation, or other legal entity, to erect, construct, or maintain any sign for the mobile food service vendor.

(Ord. No. 2025-04, § II, 7-14-25)

(a)

Definitions.

Tobacco shop/smoke shop. A retail establishment whose primary or principal product offered for sale is tobacco, smokeless tobacco, tobacco products, vape pens, vape refills, smoking products or similar products.

(b)

Locational restriction.

(1)

A tobacco shop or smoke shop be permitted only in general industrial districts by special exception only, subject to all the regulations applicable to such a zoning district, and further subject to the additional regulation that it shall be unlawful to establish a tobacco shop or smoke shop within 1,000 linear feet of another tobacco shop or smoke shop. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the boundary line of the property on which the tobacco shop or smoke shop is located or conducted, to the nearest boundary line of any other premises on which a tobacco shop or smoke shop establishment is located or proposed to be located.

(2)

No building, premises, structure or other facility that contains any tobacco shop or smoke shop establishment shall contain any other kind of tobacco shop or smoke shop establishment.

(c)

Non-conforming uses.

(1)

Any business lawfully operating on the effective date of this section that is in violation of the locational requirements set forth in subsection (b) shall be deemed a non-conforming use.

(2)

Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more tobacco shop or smoke shop establishment are within 1,000 feet of one another and otherwise in a permissible location, the tobacco shop or smoke shop establishment first established and continually operated at a particular location is the conforming use and the later-established business is non-conforming.

(d)

Exterior portions of tobacco shop or smoke shop establishments.

(1)

It shall be unlawful for a tobacco shop or smoke shop establishment to allow the exterior portion of the establishment to have flashing lights, or any words, lettering, drawings, and/or pictorial representations of any manner except to the extent permitted by the provisions of this section.

(2)

It shall be unlawful for a tobacco shop or smoke shop establishment to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a tobacco shop or smoke shop establishment existing and operating at the time of adoption of this section.

(e)

Signage.

(1)

Notwithstanding any other Township ordinance, code or regulation to the contrary, it shall be unlawful for any tobacco shop or smoke shop establishment, or any other individual, partnership, firm, association, corporation, or other legal entity, to erect, construct, or maintain any sign for the tobacco shop or smoke shop establishment other than one primary sign and one secondary sign, as provided herein.

(2)

Primary signs shall have no more than two display surfaces. Each such display surface shall:

a.

Not contain any flashing lights;

b.

Be a flat plane, rectangular in shape;

c.

Not exceed 75 square feet in area; and

d.

Not exceed ten feet in height or ten feet in length.

(3)

Secondary signs shall have only one display surface. Such display surface shall:

a.

Be a flat plane, rectangular in shape;

b.

Not exceed 20 square feet in area;

c.

Not exceed five feet in height and four feet in width; and

d.

Be affixed or attached to any wall or door of the enterprise.

(4)

Primary and secondary signs shall otherwise comply in all respects with the requirements of the Township sign ordinance, sections 232-711, et seq.

(Ord. No. 2022-07, § II, 11-28-22)

Adult establishment.

(a)

Any commercial establishment having the characteristics of either an adult book store, adult motion picture theater, adult mini-motion picture, adult cabaret, adult video store, adult arcade, adult motel, escort agency, and/or nude model studio, all as defined in this chapter.

(b)

An adult establishment may have other principal business purposes or principal uses that do not involve the offering for sale, rental or exhibition, of material describing or depicting specified sexual activities or specified anatomical areas, however, any such other business purpose or use shall not exempt such commercial establishments from being characterized as an adult establishment so long as one of its principal business purposes or principal uses is the offering for sale, rental or exhibition for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

Adult bookstore. An establishment having, as a substantial, significant, or preponderant portion of its stock, matter that is distinguished or characterized by its emphasis on content depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, or an establishment with a segment or section devoted to the sale or display of such matter.

Adult cabaret. A nightclub, bar, restaurant, and/or similar commercial establishment that regularly features:

(a)

Persons who appear in a state of nudity;

(b)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; and/or

(c)

Films, motion pictures, video cassettes, slides, and/or other photographic reproductions which are characterized by the depiction of specified sexual activities or specified anatomical areas.

Adult mini-motion picture theater. An enclosed building, or enclosed area within a building, with a capacity for less [than] 50 persons used for presenting matter distinguished or characterized by an emphasis on material presenting, depicting, described or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.

Adult motion picture theater. An enclosed building with a capacity of 50 or more persons used for presenting matter distinguished or characterized by an emphasis on material presenting, depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.

Adult video store. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: Films, motion pictures, video cassettes or video reproductions, slides, and/or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture, or video machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult motel. A hotel, motel or similar commercial establishment that:

(a)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or

(b)

Offers a sleeping room for rent for a period of time that is less than 24 hours; or

(c)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 24 hours.

Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Sexually-oriented devices. Any artificial or simulated anatomical area, or other device or paraphernalia, that is designed in whole or in part for use in specified sexual activities.

Nude model studio. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Specified sexual activities.

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse or sodomy; and/or

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Specified anatomical areas.

(a)

Less than completely and opaquely covered:

(1)

Human genitals, pubic region;

(2)

Buttock; and/or

(3)

Female breast below a point immediately above the top of the areola;

(b)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Nudity. The showing of the human male or female genitals, pubic areas, or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of male genitals in a discernible turgid state, regardless of the amount of covering.

Obscene. Applying contemporary standards, the predominant appeal of the matter, taken as a whole, is to prurient interest of the average person, i.e., a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters and is matter which is utterly without redeeming social importance.

(Ord. No. 00-22, § I, 10-16-00)

(a)

An adult establishment and/or sexually-oriented business shall be permitted only in general industrial districts, subject to all the regulations applicable to such a zoning district, and further subject to the following additional regulations:

(1)

It shall be unlawful to establish an adult establishment within 1,000 linear feet of:

a.

A church, synagogue or regular place of religious worship;

b.

A public or private elementary or secondary school;

c.

A boundary of any residential district;

d.

A public park;

e.

A licensed day-care center; or

f.

Another adult establishment and/or sexually-oriented business.

(2)

No building, premises, structure or other facility that contains any adult establishment and/or sexually-oriented business shall contain any other kind of adult establishment or sexually-oriented business. No building, premises, structure or other facility in which sexually-oriented devices are sold, distributed, exhibited, or contained in one adult establishment, shall contain any other adult establishment.

(3)

For purposes of this division, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the boundary line of the property on which the adult establishment is located or conducted, to the nearest boundary line of any premises falling within one or more of the enumerated categories set forth in (1)a. through f. of this subsection (a).

(Ord. No. 00-22, § II, 10-16-00)

The Zoning Hearing Board may waive the locational restriction if it finds that the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this division will be observed.

(Ord. No. 00-22, § III, 10-16-00)

(a)

Any business lawfully operating on the effective date of this division that is in violation of the locational requirements set forth in section 232-702 of this division shall be deemed a nonconforming use.

(b)

Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more adult establishments are within 1,000 feet of one another and otherwise in a permissible location, the adult establishment first established and continually operated at a particular location is the conforming use and the later-established business is nonconforming.

(Ord. No. 00-22, § IV, 10-16-00)

(a)

It shall be unlawful for an owner or operator of an adult establishment to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

(b)

It shall be unlawful for the owner or operator of an adult establishment to allow the exterior portion of the establishment to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this division.

(c)

It shall be unlawful for the operator or owner of an adult establishment to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to an adult establishment existing and operating at the time of adoption of this division if the following conditions are met:

(1)

The establishment is a part of a commercial multi-unit center; and

(2)

The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted in the same color as one another or are painted in such a way so as to be component of the overall architectural style or patterns of the commercial multi-unit center.

(d)

Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of an adult establishment.

(Ord. No. 00-22, § V, 10-16-00)

(a)

Notwithstanding any other Township ordinance, code or regulation to the contrary, it shall be unlawful for the owner or operator of any adult establishment or sexually-oriented business, or any other individual, partnership, firm, association, corporation, or other legal entity, to erect, construct, or maintain any sign for the adult establishment other than one primary sign and one secondary sign, as provided herein.

(b)

Primary signs shall have no more than two display surfaces. Each such display surface shall:

(1)

Not contain any flashing lights;

(2)

Be a flat plane, rectangular in shape;

(3)

Not exceed 75 square feet in area; and

(4)

Not exceed ten feet in height or ten feet in length.

(c)

Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.

(d)

Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same paint-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

(e)

Secondary signs shall have only one display surface. Such display surface shall:

(1)

Be a flat plane, rectangular in shape;

(2)

Not exceed 20 square feet in area;

(3)

Not exceed five feet in height and four feet in width; and

(4)

Be affixed or attached to any wall or door of the enterprise.

(f)

The provisions of item (1) of subsection (b) and subsection (c) and (d) shall also apply to secondary signs.

(Ord. No. 00-22, § VI, 10-16-00)

(a)

It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of an adult establishment at any time that the adult establishment is open for business.

(b)

It shall be the duty of the operator and owner of each adult establishment to ensure that an attendant is stationed at each public entrance to the adult establishment at all times during the establishment's regular business hours. It shall be the duty of the attendant to prohibit any person under the age of 18 years from entering the adult establishment. It shall be presumed that an attendant, and the operator and owner, knew a person was under the age of 18 unless such attendant asked for and was furnished:

(1)

A valid operator's, commercial operator's, or chauffeur's driver license; or

(2)

A valid personal identification certificate issued by the State of Pennsylvania reflecting that such person is 18 years of age or older.

(Ord. No. 00-22, § VII, 10-16-00)