Brecknock Township City Zoning Code
ARTICLE V
District Regulations
§ 110-18 Agricultural (AG) District.
A.
Intended purpose. The Agricultural (AG) District is intended to encourage agricultural activities in those portions of the Township which are best suited for such activities. This district contains the most productive agricultural areas within the Township and is intended to protect the Township's viable agricultural economy by eliminating uses which are incompatible with farming. Since agriculture is the intended primary use, residents and other nonagricultural occupants must accept the impacts associated with normal farming practices.
B.
(1)
Permitted uses and structures shall be as follows:
(b)
Municipal uses.
(c)
One-room school houses.
(f)
Customary accessory uses, buildings and structures incidental to the above permitted uses (subject to § 110-27).
(i)
No-impact home-based businesses
[Added 4-8-2003 by Ord. No. 135]
(j)
Nontower wireless communication facilities outside of the rights-of-way, subject to § 110-64B of this Zoning Ordinance.
[Added 10-11-2022 by Ord. No. 229-2022]
(2)
(3)
Conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with § 110-117, the applicable standards contained in Article VI, and any other applicable provisions of this chapter:
[Added 8-14-2007 by Ord. No. 163; amended 5-11-2010 by Ord. No. 170]
C.
Lot, yard and height requirements.
(1)
Number of lots.
[Amended 5-11-2010 by Ord. No. 170]
(a)
In order to preserve agricultural tracts, it is the express intent of this provision that the subdivision of lots from farms shall be limited. In addition, it is the express intent of this provision 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. It is the intent of the Board of Supervisors to implement the mandate of Section 604(3) of the Municipalities Planning Code[3] to preserve prime agricultural land through the enactment of these regulations.
[3]
Editor's Note: See 53 P.S. § 10604(3).
(b)
The maximum number of lots which may be created from a parcel of land shall be based on the acres of contiguous land held in single and separate ownership (the “parent tract”) on March 16, 1981, or, if such land was not classified as Agricultural District on March 16, 1981, the date on which such land was first zoned Agricultural District.
[1]
For the purposes of determining the maximum number of lots in accordance with this section, the term "lot" shall include both any newly created lot(s) and any residual lots remaining. The following scale shall be used to determine the maximum number of lots permitted based on the size of the tract:
Lot Area (acres) | Maximum Number of Lots Which May Be Created | |
|---|---|---|
At least 20 but less than 40 | 2 | |
At least 40 but less than 60 | 3 | |
At least 60 but less than 80 | 4 | |
At least 80 but less than 130 | 5 | |
At least 130 but less than 180 | 6 | |
At least 180 but less than 230 | 7 | |
At least 230 but less than 280 | 8 |
[2]
Any larger tract shall be governed by the same progression for each additional 50 acres.
(c)
Except as otherwise permitted elsewhere in this chapter, no more than one principal use or dwelling unit shall be permitted on a single lot within the AG District. It is the purpose and intent of this section to limit the development of agricultural tracts regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(d)
No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size as set forth in Subsection C(2) below. Any lot which is two or less acres in size shall be presumed to be used for residential purposes, and the size of such lot shall not be increased.
(e)
A subdivision, the sole purpose of which is to transfer land to increase the size of a lot being used for agricultural purposes, where both the parent tract from which the land is taken and the lot to which the land is added will be 20 acres or greater after such subdivision, shall not be included when computing the permissible number of lots to be created from a tract as set forth in Subsection C(1)(b) above.
(f)
A subdivision to create a lot which will be transferred to the Township, a municipality authority created by the Township or another governmental body shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection C(1)(b) above.
(g)
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, if any such right remains from the quota allocated to the parent tract on March 16, 1981, or on the date when such land was first included within the Agricultural District, whichever is later. The right of further subdivision, if any, or an indication that no further subdivision is permissible shall also be included in the deed to the newly created lot. In the event that a lot which was not classified as part of the Agricultural District on March 16, 1981, is or was thereafter classified as part of the Agricultural District, the size and ownership of any such lot on the effective date of the change in zoning classification shall determine the number of lots which may be subdivided.
(2)
Lot requirements shall be as follows:
(a)
Minimum and maximum lot areas.
[1]
Agriculture. The minimum lot area shall be 20 acres; provided, however, that any farm containing at least 10 or more acres as of the effective date of this chapter is expressly authorized to be continued as a use permitted by right.
[2]
Single-family residential dwelling. The minimum lot size shall be one acre, and the maximum lot size shall be two acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by DEP or the Township, a larger lot area is required to accommodate an individual on-lot sewage disposal system and the Department will not accept a plume easement or other method to accommodate sanitary sewage disposal requirements. It is the express intent of this provision to limit the size of the lots created in this district, and the maximum lot size in excess of two acres shall be the minimum lot size acceptable to DEP, in quarter-acre increments.
[Amended 5-11-2010 by Ord. No. 170]
[3]
Any other permitted use. The minimum lot size shall be one acre, and the maximum lot size shall be two acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by DEP or the Township, a larger lot area is required to accommodate an individual on-lot sewage disposal system and the Department will not accept a plume easement or other method to accommodate sanitary sewage disposal requirements. It is the express intent of this provision to limit the size of the lots created in this district, and the maximum lot size in excess of two acres shall be the minimum lot size acceptable to DEP, in quarter-acre increments.
[Amended 5-11-2010 by Ord. No. 170]
(b)
Minimum lot width: 150 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Maximum lot coverage: 20%.
(e)
Minimum interior distance: none for farm buildings; 50 feet for all other principal buildings.
§ 110-19 Agricultural-2 (AG-2) District.
A.
Intended purpose. The Agricultural-2 (AG-2) District is intended to encourage agricultural activities in those portions of the Township which are well-suited for such activities. This district contains soils and agricultural lands which are typically less productive than those found in the Agricultural District and therefore provides for more intensive nonagricultural uses. Since agriculture is the intended primary use, residents and other nonagricultural occupants must accept the impacts associated with normal farming practices.
B.
(1)
Permitted uses and structures shall be as follows:
(b)
Municipal uses.
(c)
One-room school houses.
(g)
Customary accessory uses, buildings and structures incidental to the above permitted uses (subject to § 110-27).
(h)
No-impact home-based businesses.
[Added 4-8-2003 by Ord. No. 135]
(i)
Nontower wireless communication facilities outside of the rights-of-way, subject to § 110-64B of this Zoning Ordinance.
[Added 10-11-2022 by Ord. No. 229-2022]
(2)
Special exceptions. The following uses are permitted subject to the issuance of a special exception by the Zoning Hearing Board:
(c)
Retail greenhouses and retail plant nurseries (subject to § 110-68).
[Amended 4-12-2005 by Ord. No. 2005-150]
(n)
Cemeteries.
(q)
Sawmill.
C.
Lot, yard and height requirements.
(1)
Number of lots.
[Amended 5-11-2010 by Ord. No. 170]
(a)
In order to preserve agricultural tracts, it is the express intent of this provision that the subdivision of lots from farms shall be limited. In addition, it is the express intent of this provision 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. It is the intent of the Board of Supervisors to implement the mandate of Section 604(3) of the Municipalities Planning Code.[3] to preserve prime agricultural land through the enactment of these regulations.
[3]
Editor's Note: See 53 P.S. § 10604(3).
(b)
The maximum number of lots which may be created from a parcel of land shall be based on the acres of contiguous land held in single and separate ownership (the “parent tract”) on March 16, 1981, or, if such land was not classified as Agricultural District on March 16, 1981, the date on which such land was first zoned Agricultural District or Agricultural-2 District, whichever is earlier.
[1]
For the purposes of determining the maximum number of lots in accordance with this section, the term "lot" shall include both any newly created lot(s) and any residual lots remaining. The following scale shall be used to determine the maximum number of lots permitted based on the size of the tract:
Lot Area (acres) | Maximum Number of Lots Which May Be Created |
|---|---|
At least 20 but less than 40 | 2 |
At least 40 but less than 60 | 3 |
At least 60 but less than 80 | 4 |
At least 80 but less than 130 | 5 |
At least 130 but less than 180 | 6 |
At least 180 but less than 230 | 7 |
At least 230 but less than 280 | 8 |
[2]
Any larger tract shall be governed by the same progression for each additional 50 acres.
(c)
Except as otherwise permitted elsewhere in this chapter, no more than one principal use or dwelling unit shall be permitted on a single lot within the AG-2 District. It is the purpose and intent of this section to limit the development of agricultural tracts regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(d)
No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size as set forth in Subsection C(2) below. Any lot which is two or less acres in size shall be presumed to be used for residential purposes, and the size of such lot shall not be increased.
(e)
A subdivision, the sole purpose of which is to transfer land to increase the size of a lot being used for agricultural purposes, where both the parent tract from which the land is taken and the lot to which the land is added will be 20 acres or greater after such subdivision, shall not be included when computing the permissible number of lots to be created from a tract as set forth in Subsection C(1)(b) above.
(f)
A subdivision to create a lot which will be transferred to the Township, a municipality authority created by the Township or another governmental body shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection C(1)(b) above.
(g)
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, if any such right remains from the quota allocated to the parent tract on March 16, 1981, or on the date when such land was first included within the Agricultural District, whichever is later. The right of further subdivision, if any, or an indication that no further subdivision is permissible shall also be included in the deed to the newly created lot. In the event that a lot which was not classified as part of the Agricultural District on March 16, 1981, is or was thereafter classified as part of the Agricultural District or Agricultural-2 District, the size and ownership of any such lot on the effective date of the change in zoning classification to Agricultural District or Agricultural-2 District, whichever shall have occurred first, shall determine the number of lots which may be subdivided.
(2)
Lot requirements shall be as follows:
(a)
Minimum and maximum lot areas.
[1]
Agriculture. The minimum lot area shall be 20 acres; provided, however, that any farm containing at least 10 or more acres as of the effective date of this chapter is expressly authorized to be continued as a use permitted by right.
[2]
Single-family residential dwelling. The minimum lot size shall be one acre, and the maximum lot size shall be two acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by DEP or the Township, a larger lot area is required to accommodate an individual on-lot sewage disposal system and the Department will not accept a plume easement or other method to accommodate sanitary sewage disposal requirements. It is the express intent of this provision to limit the size of the lots created in this district, and the maximum lot size in excess of two acres shall be the minimum lot size acceptable to DEP, in quarter-acre increments.
[Amended 5-11-2010 by Ord. No. 170]
[3]
Any other permitted use. The minimum lot size shall be one acre, and the maximum lot size shall be two acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by DEP or the Township, a larger lot area is required to accommodate an individual on-lot sewage disposal system and the Department will not accept a plume easement or other method to accommodate sanitary sewage disposal requirements. It is the express intent of this provision to limit the size of the lots created in this district, and the maximum lot size in excess of two acres shall be the minimum lot size acceptable to DEP, in quarter-acre increments.
[Amended 5-11-2010 by Ord. No. 170]
(b)
Minimum lot width: 150 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Maximum lot coverage: 20%.
(e)
Minimum interior distance: none for farm buildings; 50 feet for all other buildings.
§ 110-20 Forest Recreation (FR) District.
A.
Intended purpose. The regulations of this district are intended to preserve open areas from intensive development, to preserve and protect essential watershed areas and to provide for certain recreational uses commonly found in forested and other natural areas.
B.
(1)
Permitted uses and structures shall be as follows:
(a)
Public conservation areas.
(b)
Public park and recreation areas.
(c)
Game refuges.
(e)
Municipal uses.
(h)
Customary accessory uses, buildings and structures incidental to the above permitted uses (subject to § 110-27).
(i)
No-impact home-based businesses.
[Added 4-8-2003 by Ord. No. 135]
(j)
Nontower wireless communication facilities outside of the rights-of-way, subject to § 110-64B of this Zoning Ordinance.
[Added 10-11-2022 by Ord. No. 229-2022]
(2)
Special exceptions. The following uses are permitted subject to the issuance of a special exception by the Zoning Hearing Board:
C.
Lot, yard and height requirements.
(1)
Number of dwelling units or lots.
[Amended 5-11-2010 by Ord. No. 170]
(a)
The maximum number of lots which may be created from a parcel of land shall be based on the acres of contiguous land held in single and separate ownership (the “parent tract”) on March 16, 1981.
[1]
For the purposes of determining the maximum number of lots in accordance with this section, the term "lot" shall include both any newly created lot(s) and any residual lots remaining. The following scale shall be used to determine the maximum number of lots permitted based on the size of the tract:
Lot Area (acres) | Maximum Number of Lots Which May Be Created |
|---|---|
At least 20 but less than 40 | 2 |
At least 40 but less than 60 | 3 |
At least 60 but less than 80 | 4 |
At least 80 but less than 130 | 5 |
At least 130 but less than 180 | 6 |
At least 180 but less than 230 | 7 |
At least 230 but less than 280 | 8 |
[2]
Any larger tract shall be governed by the same progression for each additional 50 acres.
(b)
Except as otherwise permitted elsewhere in this chapter, no more than one principal use or dwelling unit shall be permitted on a single lot within the FR District. It is the purpose and intent of this section to limit the development of Forest Recreation tracts regardless of whether such development is accomplished by subdivision or land development as those terms are defined in the Municipalities Planning Code.[3]
[3]
Editor’s Note: See 53 P.S. § 10101 et seq.
(c)
The provisions of Subsection C(1)(a) of this section shall apply to all parcels of land legally existing on March 16, 1981. Regardless of size, no tract of land subsequently subdivided from its parent tract shall qualify for additional lots pursuant to this section. Similarly, any subsequent owner of any parcel of land legally existing on March 16, 1981, shall be bound by the actions of previous owners in that such current owner may only subdivide the maximum number of lots remaining from the original number permitted to the parent tract by this section.
(d)
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 the right of further subdivision, if any such right remains from the quota of lots allocated to the parent tract on March 16, 1981, or on the date when such land was first included within the Forest Recreation District, whichever is later. The right of further subdivision, or an indication that no further subdivision is permissible, shall also be included in the deed to the newly created lot. In the event that a lot which was not classified as part of the Forest Recreation District on March 16, 1981, is or was thereafter classified as part of the Forest Recreation District, the size and ownership of any such lot on the effective date of the change in zoning classification shall determinate the number of lots which may be subdivided.
(e)
In no event shall any parent tract of land which is divided or redivided after the same becomes subject to the provisions of this section, nor any of the lots which are created by such division or redivision, result in an increase in the quota of lots permitted by Subsection C(1)(a) of this section.
(2)
Lot requirements shall be as follows:
(a)
Maximum and minimum lot areas.
[Amended 5-11-2010 by Ord. No. 170; 4-9-2013 by Ord. No. 190-2013]
[1]
Single-family residential dwellings. The minimum lot size shall be one acre, and the maximum lot size shall be two acres; provided, however, that the maximum lot area may be increased if, after completing any hydrogeologic studies required by DEP or the Township, a larger lot area is required to accommodate an individual on-lot sewage disposal system and the Department will not accept a plume easement or other method to accommodate sanitary sewage disposal requirements. It is the express intent of this provision to limit the size of the lots created in this district, and the maximum lot size in excess of two acres shall be the minimum lot size acceptable to DEP, in quarter-acre increments.
[2]
Any other permitted use. The minimum lot area shall be 20 acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Maximum lot coverage: 20%.
[Amended 8-10-2021 by Ord. No. 227-2021]
(e)
Minimum interior distance: 50 feet.
§ 110-21 Residential Low (RL) District.
A.
Intended purpose. The regulations for this district are intended to provide suburban residential areas in the Township with limited public utility service where low-density single-family residential development may occur. Higher densities at a future date would be contingent upon the provision of public water and sewer services.
B.
(1)
Permitted uses and structures shall be as follows:
(b)
Municipal uses.
(d)
Customary accessory uses, buildings and structures incidental to the above permitted uses (subject to § 110-27).
(e)
No-impact home-based businesses.
[Added 4-8-2003 by Ord. No. 135]
(f)
Nontower wireless communication facilities outside of the rights-of-way, subject to § 110-64B of this Zoning Ordinance.
[Added 10-11-2022 by Ord. No. 229-2022]
(2)
Special exceptions. The following uses are permitted subject to the issuance of a special exception by the Zoning Hearing Board:
§ 110-22 Residential Medium (RM) District.
A.
Intended purpose. The regulations for this district are intended to provide for various types of residential development in order to encourage a village growth concept. Emphasis is placed upon accessibility to transportation, community facilities and public utilities. Intense urban development in this district must be contingent upon the provision of public water and sewage facilities.
B.
(1)
Permitted uses and structures shall be as follows:
(d)
Customary accessory uses and buildings incidental to the above permitted uses (subject to § 110-27).
(e)
No-impact home-based businesses.
[Added 4-8-2003 by Ord. No. 135]
(f)
Nontower wireless communication facilities outside of the rights-of-way, subject to § 110-64B of this Zoning Ordinance.
[Added 10-11-2022 by Ord. No. 229-2022]
(2)
Special exceptions. The following uses are permitted subject to the issuance of a special exception by the Zoning Hearing Board:
C.
Lot, yard and height requirements.
(1)
Lot requirements shall be as follows:
(b)
Public sewer facilities available only:
[Amended 10-11-1994 by Ord. No. 101; 4-9-2019 by Ord. No. 221-2019]
[1]
Single-family detached and single-family semidetached dwellings:
[2]
Townhouses:
[a]
Minimum lot area: 2,000 square feet per interior dwelling unit plus 4,000 square feet per end dwelling unit, provided that the total lot area for any townhouse dwelling shall be no less than 10,000 square feet.
[b]
Minimum lot with: 20 feet for an interior dwelling unit; 40 feet for an end dwelling unit.
[c]
Minimum lot depth: 80 feet.
[d]
Maximum lot coverage: 50%.
[e]
Minimum interior distance: 20 feet.
[f]
Maximum density: 10 dwelling units per gross acre.
[3]
Apartments:
[a]
Minimum lot area: 2,500 square feet per dwelling unit, provided that the total lot area for any apartment dwelling shall be no less than 10,000 square feet.
[b]
Minimum lot width: 90 feet.
[c]
Minimum lot depth: 125 feet.
[d]
Maximum lot coverage: 50%.
[e]
Minimum interior distance: 30 feet.
[f]
Maximum density: eight dwelling units per gross acre.
§ 110-23 Neighborhood Commercial (NC) District.
A.
Intended purpose. The regulations in this district are intended to preserve and enhance the sense of place which is experienced within the Township's existing villages through the blending of residential uses and commercial uses which primarily function to serve the needs of residents within the villages. Nonresidential uses are generally limited by size and intensity to allow a mixture of uses and to prevent the establishment of intensive commercial uses which exceed the local orientation of this district. Residential uses are permitted within the district to allow access to local goods and services without the use of the automobile. Uses which are consistent with the intent of this district, yet require a higher level of scrutiny, are permitted by special exception or conditional use.
[Amended 12-11-2018 by Ord. No. 218-2018]
B.
Uses and structures (subject to §§ 110-33, 110-34 and 110-44).
[Amended 2-10-1998 by Ord. No. 120; 1-8-2002 by Ord. No. 133; 4-8-2003 by Ord. No. 135; 1-13-2004 by Ord. No. 140; 5-11-2010 by Ord. No. 171; 12-11-2018 by Ord. No. 218-2018]
(1)
Permitted uses shall be as follows:
(a)
Agricultural uses and structures (subject to compliance with § 110-38), other than intensive agriculture, provided that the commercial keeping of poultry, livestock, bees and wild or domestic animals shall not be maintained on tracts of less than 10 acres.
(b)
Apartment dwellings within the same structure in combination with a commercial use or uses.
(c)
Municipal uses.
(d)
No-impact home-based businesses.
(e)
Personal service shops, including shoe repair, tailor, dressmaking, barber or beauty shops or similar shops, provided that gross floor area does not exceed 700 square feet and confined to one building.
(f)
Public utility uses and structures.
(g)
Shops for the repair of small household appliances.
(h)
Shops which involve retail sale and/or the rental of goods.
(i)
Single-family detached dwellings, single-family semidetached dwellings, townhouses and apartments subject to § 110-22.
(j)
Accessory uses incidental to the above permitted uses.
(2)
Special exceptions. The following uses are permitted subject to the issuance of a special exception by the Zoning Hearing Board:
(b)
Banks and financial institutions, provided that all drive-through or drive-in facilities are located in the rear yard.
(e)
Convenience stores, provided that such use complies with the requirements of § 110-70 if the sale of gasoline, diesel or other motor vehicle fuel is associated with the store.
(f)
Emergency service facilities.
(h)
Farm produce markets.
(i)
Libraries, museums and art galleries, provided that the gross floor area does not exceed 3,000 feet.
(j)
Parking lots, provided that parking lots for uses which require more than five parking spaces shall be located within the rear yard. In the event that the property does not contain a rear yard, parking lots containing more than five parking spaces shall be located between the building and the road which is least traveled.
(k)
Parks, playgrounds and outdoor recreational facilities which may be publicly or privately owned, excluding commercial golf courses, weapon target ranges or vehicle race courses or tracks.
(l)
Physician, chiropractic or dental facilities, limited to outpatient care and occupying no more than 3,000 square feet of gross floor area.
(n)
Professional offices, provided that the gross floor area does not exceed 3,000 feet.
(o)
Public and private educational facilities and related uses.
(p)
Restaurants without drive-in facilities, and excluding nightclubs.
(s)
Studios and shops of artists and artisans not to exceed 3,000 square feet of gross floor area.
(3)
Conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with § 110-117, the applicable standards contained in Article VI, and any other applicable provisions of this chapter:
(a)
Churches and other places of worship and related uses.
C.
Lot, yard and height requirements.
(1)
Shopping centers shall have a minimum lot size of three acres and a minimum lot width of 250 feet regardless of the availability of public water or sewer. The maximum lot coverage for a shopping center shall be consistent with the following table in Subsection C(2).
(2)
Uses other than shopping centers shall comply with the following lot requirements. The following maximum lot coverage requirements shall also pertain to shopping centers.
[Amended 2-10-1998 by Ord. No. 120]
Public Utilities Utilized | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage (percent) |
|---|---|---|---|
No water or sewer | 1 acre | 150 | 25% |
Water only | 30,000 | 125 | 30% |
Sewer only | 15,000 | 90 | 75% |
Water and sewer | 8,000 | 65 | 80% |
(3)
Minimum yard requirements shall be as follows:
(a)
Front yard setback. All buildings, structures (except permitted signs) and loading areas shall be setback from the road right-of-way a minimum distance of 25 feet (subject to § 110-32).
(c)
Rear yard setback. All buildings, structures, off-street parking and loading areas shall be set back from the rear lot line a minimum distance of 25 feet, with the exception of rear lot lines located between uses which share joint parking facilities.
D.
Residential buffer and screening requirements. Any nonresidential use which adjoins a property zoned Residential Medium (RM) or Residential Low (RL) shall require a minimum setback of 50 feet between the property zoned RM or RL and all buildings, structures, off-street parking and loading areas and shall require screening along such lot lines as required in § 110-36C of this chapter.
E.
All accessory buildings shall have a maximum height of 20 feet. Farm buildings shall have no height limitations. All principal buildings and other structures shall have a maximum height of 35 feet.
F.
Parking and loading facilities shall be subject to the regulations of Article VIII of this chapter.
G.
Any portion of the site not used for buildings, structures, parking, loading areas and sidewalks shall be landscaped as required in § 110-36D.
H.
All dumpsters used for the storage of waste or materials which are to be recycled shall be located in the side or rear yards and shall be screened from the view of adjacent properties and roads.
I.
Outdoor storage areas and outdoor retail areas are not permitted.
§ 110-24 Highway Commercial (HC) District.
[Amended 4-8-2003 by Ord. No. 135; 12-17-2007 by Ord. No. 166; 10-14-2008 by Ord. No. 167; 5-11-2010 by Ord. No. 171; 12-11-2018 by Ord. No. 218-2018]
A.
Intended purpose. The regulations for this district are intended to provide suitable locations for commercial uses, including businesses of a small scale. The uses permitted in this district serve local residents as well as motorists passing through the Township.
B.
(1)
Permitted uses and structures shall be as follows:
(b)
(c)
Nontower wireless communication facilities outside of the rights-of-way, subject to § 110-64B of this Zoning Ordinance.
[Added 10-11-2022 by Ord. No. 229-2022]
(2)
Special exceptions. The following uses are permitted subject to the issuance of a special exception by the Zoning Hearing Board:
(a)
Amusement arcades.
(b)
Businesses which involve the retail sale and/or rental of goods.
(c)
Car washes.
(e)
Churches and other places of worship and related uses.
(f)
Commercial garages.
(g)
Farm equipment sales and repairs.
(h)
Garden supply stores and repairs of garden equipment.
(j)
Hospitals.
(k)
Hotels, motels and inns.
(l)
Lumber and other building materials sales and services.
(m)
Manufacturing, working, processing, assembling and/or packaging of wood and wood products and/or metal and metal products, provided that the gross floor area devoted to such use in any building does not exceed 20,000 square feet.
(n)
Medical marijuana dispensary.
(o)
Nightclubs.
(p)
Personal service shops, including shoe repair, tailor, dressmaking, barber or beauty shops or similar shops.
(r)
Recreational commercial businesses such as miniature golf or Putt-Putt golf courses.
(s)
Restaurants, including fast-food restaurants and drive-in restaurants.
(t)
Service stations.
(v)
Self-service storage facilities.
(w)
Storage buildings and warehouses.
(x)
Theaters and auditoriums.
(z)
Warehouse/distribution center.
C.
Lot, yard and height requirements.
(1)
Shopping centers shall have a minimum lot size of three acres and a minimum lot width of 250 feet regardless of the availability of public water or sewer. The maximum lot coverage for a shopping center shall be consistent with the following table in Subsection C(2).
(2)
Uses other than shopping centers shall comply with the following lot requirements. The following maximum lot coverage requirements shall also pertain to shopping centers:
Public Utilities Utilized | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage |
|---|---|---|---|
No water or sewer | 1 acre | 150 | 35% |
Water only | 30,000 | 125 | 40% |
Sewer only | 15,000 | 90 | 60% |
Water and sewer | 8,000 | 65 | 70% |
(3)
Minimum yard requirements shall be as follows:
(a)
Front yard setback. All buildings, structures (except permitted signs), outdoor storage areas, outdoor retail areas and loading areas shall be set back from the road right-of-way a minimum distance of 35 feet if parking is provided in the front or side yard, or 20 feet if parking is provided in the rear yard.
(b)
Side yard setback. All buildings and structures shall be set back from the side lot lines a minimum distance of 25 feet. Off-street parking, loading areas, outdoor storage areas and outdoor retail areas shall be set back from the side lot lines a minimum distance of 15 feet, with the exception of side lot lines located between uses which share joint parking facilities.
(c)
Rear yard setback. All buildings, structures, off-street parking, loading areas, outdoor storage areas and outdoor retail areas shall be set back from the rear lot line a minimum distance of 20 feet, with the exception of rear lot lines located between uses which share joint parking facilities.
D.
Residential buffer and screening requirements.
(1)
Any nonresidential use which has a side or rear lot line in common with a property in residential use shall require a minimum setback of 25 feet between the side and rear lot lines and all buildings, structures, off-street parking, loading areas, outdoor storage areas and outdoor retail areas. All such structures and areas shall be screened from view of the residential uses which are to the side or rear of the nonresidential use as required in § 110-36C of this chapter.
(2)
Any nonresidential use which adjoins a property zoned Residential Medium (RM) or Residential Low (RL) shall require a minimum setback of 50 feet between the property zoned RM or RL and all buildings, structures, off-street parking, loading areas, outdoor storage areas and outdoor retail areas and shall require screening along such lot lines as required in § 110-36C of this chapter.
E.
All accessory buildings shall have a maximum height of 28 feet. Farm buildings shall have no height limitation. All principal buildings and other structures shall have a maximum height of 35 feet.
G.
Any portion of the site not used for buildings, structures, parking, loading areas, outdoor storage areas, outdoor retail areas and sidewalks shall be landscaped as required in § 110-36D.
H.
All dumpsters used for the storage of waste or materials which are to be recycled shall be screened from view of adjacent properties and roads.
I.
Outdoor storage and outdoor retail areas shall comply with all setback requirements contained within this section and shall be entirely screened from view of all adjacent properties and roads. However, outdoor retail areas associated with the sale of vehicles, boats and mobile structures need not be screened from adjoining roads.
§ 110-25 Light Industrial (LI) District.
[Amended 9-14-1993 by Ord. No. 87am; 10-11-1994 by Ord. No. 100; 12-11-2018 by Ord. No. 218-2018]
A.
Intended purpose. The regulations of this district are intended to provide for industrial and commercial activities in areas affording adequate highway access.
B.
(1)
Permitted uses and structures shall be as follows:
(b)
(c)
Nontower wireless communication facilities outside of the rights-of-way, subject to § 110-64B of this Zoning Ordinance.
[Added 10-11-2022 by Ord. No. 229-2022]
(2)
Special exception. The following uses are permitted subject to the issuance of a special exception by the Zoning Hearing Board:
(b)
Tower-based wireless facilities, subject to § 110-64A of this Zoning Ordinance.
[Amended 10-11-2022 by Ord. No. 229-2022]
(d)
Hotels, motels, tourist courts and inns.
(f)
Local bus passenger station.
(g)
Lumber and other building materials.
(i)
Manufacturing, assembling, processing and packaging of electrical and electronic components, medical and dental instruments, institutional appliances, housewares and appliances, photographic equipment, watches, clocks, jewelry, silverware, musical instruments, games, sporting goods and office supplies (subject to §§ 110-44 and 110-45).
(n)
Medical marijuana grower/processor.
(o)
Motor freight terminal.
(p)
Motor vehicles and accessory sales.
(r)
Nightclubs.
(t)
Restaurants, including fast-food restaurants and drive-in restaurants.
(v)
Self-service storage facilities.
(w)
Storage buildings and warehouses.
C.
Lot, yard and height requirements.
(2)
Front yard setback. All buildings, structures (except permitted signs), outdoor storage areas and loading areas shall be set back from the road right-of-way a minimum distance of 50 feet unless otherwise required by § 110-32 of this chapter.
(3)
Side yard setback. All buildings and structures shall be set back from the side lot lines a minimum distance of 25 feet. Off-street parking, loading areas and outdoor storage areas shall be set back from the side lot lines a minimum distance of 20 feet with the exception of side lot lines located between uses which share joint parking facilities.
(4)
Rear yard setback. All buildings, structures, off-street parking, loading areas and outdoor storage areas shall be set back from the rear lot line a minimum distance of 25 feet with the exception of rear lot lines located between uses which share joint parking facilities.
D.
Residential buffer and screening requirements.
(1)
Any nonresidential use which has a side or rear lot line in common with a property in residential use shall require a minimum setback of 35 feet between the side and rear lot lines and all buildings, structures, off-street parking, loading areas and outdoor storage areas. All such structures and areas shall be screened from view of the residential uses which are to the side or rear of the nonresidential use as required in § 110-36C of this chapter.
(2)
Any nonresidential use which adjoins a property zoned Residential Medium (RM) or Residential Low (RL) shall require a minimum setback of 50 feet between the property zoned RM or RL and all buildings, structures, off-street parking, loading areas and outdoor storage areas and shall require screening along such lot lines as required in § 110-36C of this chapter.
E.
All accessory buildings shall have a maximum height of 28 feet. Farm buildings shall have no height limitation. All principal buildings and other structures shall have a maximum height of 35 feet.
G.
Any portion of the site not used for buildings, structures, parking, loading areas, outdoor storage areas and sidewalks shall be landscaped as required in § 110-36D.
H.
All dumpsters used for the storage of waste or materials which are to be recycled shall be screened from view of adjacent properties and roads.
I.
All outdoor storage areas shall comply with all setback requirements contained within this section and shall be entirely screened from the view of all adjacent properties and roads.
§ 110-26 Floodplain (FP) District.
A.
Purpose and intent. The purpose of the Floodplain District is to prevent development in areas unfit therefor by reason of flooding; to minimize danger to public health by protecting water supply and natural drainage; to promote health, safety and welfare of residents and property owners in or near streams and areas subject to flooding; and to provide for the preservation of natural drainageways while providing for such uses and development as are compatible with these objectives.
(1)
The intent of the Floodplain District under this Zoning Ordinance is to coordinate the use of land in the identified floodplain areas within Brecknock Township and as defined in the Brecknock Township Floodplain Management Ordinance, as may be amended.
B.
Relationship to other articles and ordinances. The applicable regulations of the Brecknock Township Floodplain Management Ordinance are incorporated herein by reference. The provisions of this article create an overlay zoning district which is applicable within floodplains in all other zoning districts established in this Ordinance. In the event of any conflict, the more restrictive provisions shall apply.
C.
Establishment of district.
[Amended 4-12-2005 by Ord. No. 151; 4-9-2013 by Ord. No. 190-2013; 3-8-2016 by Ord. No. 209-2016]
(1)
Lands in district defined. The Floodplain District is hereby defined and established to be the low area adjoining and including any water or drainage course or body of water subject to periodic flooding or overflow and those areas are identified in the Brecknock Township Floodplain Management Ordinance,[1] as amended. It further includes all areas of Brecknock Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated April 5, 2016, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
D.
Uses and structures (subject to §§ 110-33, 110-34 and 110-48).
[Amended 4-9-2013 by Ord. No. 190-2013; 3-8-2016 by Ord. No. 209-2016]
(1)
Permitted uses (excluding all structures). The following uses and no other are permitted in the Floodplain District, and they are permitted only if done under and in accordance with the provisions of the Brecknock Township Floodplain Management Ordinance,[2] all other applicable provisions of this Zoning Ordinance, and any other applicable local, state or federal regulations:
E.
Lot, yard and height requirements shall be as required within the applicable underlying zoning district.
§ 110-26.1 Mineral Recovery (MR) District.
[Added 10-11-1994 by Ord. No. 101]
A.
Intended purpose. It is the purpose of this district to authorize quarrying and recovery of minerals on land within the Township upon which minerals may be located in sufficient quantities to make such recovery feasible. The land located in this district does not contain prime agricultural soils, and quarrying and mining activities will not detract from the goal of the Township and the Commonwealth to preserve prime agricultural soils. In recognition of the impact of quarrying and mining upon surrounding properties and the Township's road system, standards have been imposed to safeguard the community and the public interest.
B.
Uses and structures. Permitted uses and structures shall be as follows:
C.
Lot, yard and height requirements.
(1)
Minimum lot area shall be as follows, unless a greater lot area is required for a specific use:
(a)
Forty thousand square feet, if served by neither the public sanitary sewer nor public water facilities.
(b)
Twenty thousand square feet, if served by either the public sanitary sewer or public water facilities.
(c)
Ten thousand square feet, if served by both the public sanitary sewer and public water facilities.
(2)
Minimum lot width. The minimum lot width shall be 75 feet at the building setback line.
(3)
Minimum lot depth. The minimum lot depth shall be 100 feet.
(4)
Minimum yard requirements shall be as follows, unless a greater setback is required for a specific use:
(a)
Front yard setback. All buildings, structures (except permitted signs), outdoor storage areas and loading areas shall be set back from the street right-of-way a minimum distance of 50 feet unless a greater setback is required by § 110-32 of this chapter.
(b)
Side yard setback. All buildings, structures, outdoor storage areas, parking areas and loading areas shall be set back from the side lot lines a minimum distance of 25 feet.
(c)
Rear yard setback. All buildings, structures, outdoor storage areas, parking areas and loading areas shall be set back from the rear lot line a minimum distance of 25 feet.
(5)
Height. No building or structure shall be erected to a height in excess of 65 feet unless authorized as a special exception or unless regulations for the specific use authorize a greater height.
D.
Application and performance regulations for quarries and mines and uses accessory to quarries and mines.
(1)
As a part of each application, the applicant shall furnish an accurate survey site plan as required under the laws and regulations of the Department of Environmental Resources (DER) of the Commonwealth of Pennsylvania and the Environmental Protection Agency (EPA) of the Federal Government.
(2)
The applicant shall obtain any required permit or permits from DER and, upon receipt thereof, shall present such permit or permits to the Township. No zoning permit shall be finally issued until the applicant has presented a copy of the DER permit to the Township. The Zoning Officer may issue a zoning permit conditioned upon receipt of the DER permit, if requested to do so by the applicant. Such a conditional zoning permit shall not authorize the applicant to undertake any quarrying activities on the property but may be used by the applicant to demonstrate that zoning approval will be received when DER approval is obtained.
(3)
The applicant shall present duplicate sets of the plans, specifications, applications and supporting data that have been or shall be presented to DER. If a zoning permit is granted, the operator shall continue to present such documentation to the Township when it is submitted to DER.
(4)
Operation of the facility shall at all times comply with all applicable state and federal statutes and regulations. This shall include, but not be limited to, the noncoal Surface Mining Conservation and Reclamation Act, Act of December 19, 1984, P.L. 1093, No. 219, as amended, 52 P.S. § 3301 et seq., or any subsequent amendment or enactment of the Pennsylvania General Assembly regulating noncoal surface mining, and the regulations of DER implementing such statutes.
(5)
The minimum lot area shall be 50 acres.
(6)
Minimum setbacks shall be as follows:
(a)
Stock piles or spoil piles: 50 feet, excluding the berm.
(b)
Mineral processing equipment: 100 feet, excluding conveyors.
(c)
Quarry pit: 50 feet until reclamation, when it shall be 25 feet.
(d)
Parking, loading, vehicle storage and weighing facilities: 100 feet.
(e)
Other stationary operational equipment, structures and/or improvements: 100 feet.
(7)
Buffer planting and fencing requirements shall be as follows:
(a)
A fence measuring six feet high must enclose the area of actual quarrying or excavation. It shall not be less than 25 feet from the edge of excavation. The fence used shall have openings less than three inches in any dimension, if any.
(b)
Buffer planting shall be installed along all property lines adjoining residentially zoned property or property which is developed with residential dwellings at the date of application and all street frontages, except as necessary for adequate sight distances for access drives. Buffer planting shall not be required where, because of existing vegetation or natural terrain, screening reasonably equivalent to that required by this section exists. Buffer planting shall also not be required where, because of soil type (or lack of soil), such plantings would not thrive.
(c)
Buffer planting shall consist of one row, staggered, of mixed evergreen and deciduous trees which shall be at least six feet in height when planted and shall be spaced not more than 10 feet apart on center and two rows, staggered, of mixed broad leaf and evergreen shrubs which shall be at least three feet in height when planted and shall be spaced no more than five feet apart on center.
(d)
Where screening, plantings or fencing have been installed, such screening, plantings and fencing shall be permanently maintained. All required plant materials which die shall be promptly replaced in accordance with recognized nursery standards. All fencing shall be maintained in good repair.
(e)
No trees and bushes shall be removed within 25 feet of a property line, except as part of the final reclamation, and evergreen plantings are specifically approved and encouraged.
(8)
Traffic analysis.
(a)
The applicant shall provide an analysis, prepared by a professional engineer experienced in the field of traffic analysis, of the physical conditions of the primary road system serving the site, in accordance with § 110-81, for all facilities which are not already permitted by the DER.
(b)
If the traffic study demonstrates that improvements to Township or state roads shall be required in order to serve the proposed use or to alleviate the direct impacts of the proposed use upon the traffic network, the applicant shall make such improvements. In lieu of making such improvements prior to the issuance of a zoning permit, the applicant may submit an agreement with the Township governing the maintenance of roads which will be affected by the proposed use.
(9)
Access drives and internal circulation roads for all facilities not permitted by DER shall comply with the following requirements:
(a)
Sight distances.
[1]
All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or the edge of a cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface:
Speed Limit on Street (miles per hours) | Sight Distance (feet) | |
|---|---|---|
25 | 240 | |
30 | 275 | |
35 | 315 | |
40 | 350 | |
45 | 425 | |
50 | 475 | |
55 | 550 |
[2]
The applicant shall present information sufficient for the Zoning Officer to determine that such sight distances exist.
(b)
Vehicular access shall be designed so as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties.
(c)
Sufficiently long vehicle stacking lanes into the facility shall be provided so that vehicles waiting to be weighed will not back up onto public roads.
(d)
All access drives onto the site shall be paved to a cartway width of 35 feet for a distance of at least 200 feet from the street right-of-way line. In addition, a one hundred-foot-long crushed stone section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may be attached to a vehicle's wheels.
(e)
The facility shall front upon, and gain access from, a collector or arterial road. The identification or road status in the Brecknock Township Comprehensive Plan shall determine whether such road is a collector or arterial road.
(10)
The applicant shall demonstrate that the water supplies for neighboring properties shall not be adversely affected by the proposed use. In order to fulfill this requirement, the applicant shall submit to the Township all studies as required by the Department of Environmental Resources. (DER)
(11)
Extraction of minerals shall be undertaken only from material occurring naturally on the tract. Spoil piles, slag, solid waste or other materials shall not be brought to the tract for the extraction of minerals. Notwithstanding the foregoing, if an asphalt manufacturing plant is being operated as an accessory use in accordance with the performance standards set forth herein, asphalt can be brought to the tract for recycling in connection with the accessory use. The applicant shall have the right to buy aggregate and bring it on the site for the purpose of processing.
(12)
The operator shall limit unauthorized access to the site to those posted times when an attendant is on duty. In order to protect the public health, safety and welfare, access drives shall be secured by fences, locks, gates and other means to deny access at unauthorized times.
(13)
The operator shall maintain and make available to the public at its office all permits and approved plans required by all governmental regulatory agencies having jurisdiction over the permitting, operation, maintenance and/or reclamation of such a facility.
(14)
The operator shall provide the Township with copies of any notices of violation received from DER or EPA within two weeks from the date such notice of violation was received by the operator.
(15)
There shall be no operations on Sunday or legal holidays, said legal holidays to include New Year's Day, Memorial Day, the fourth of July, Labor Day, Thanksgiving and Christmas. Trucks may be loaded and enter and exit the quarry between 6:00 a.m. and 7:00 p.m. on weekdays, and on Saturdays from 6:00 a.m. until 1:00 p.m. There shall be no operations, other than emergency or maintenance activities (defined as ordinary lubrication, repair, parts replacement, cleaning, etc., normally associated with the operations permitted by this chapter), between 10:00 p.m. and 6:00 a.m. on other days. The primary crusher, only, shall be permitted to operate between 6:00 a.m. and 8:00 p.m. and on Saturdays from 7:00 a.m. until 1:00 p.m. Because of the nature of the operations permitted by this chapter, it is anticipated that, from time to time, an operator will be required to temporarily expand the hours of operation in order to deal with specific contract requirements or for other reasons. In such instance, the operator shall request of the Township Supervisors approval for such additional hours of operation. The request for approval shall include a brief statement as to the reason why such additional hours are desired. Promptly upon receipt of such request (but in no event later than seven days after such receipt) the Supervisors shall consider the request together with the reasons therefor and shall attempt to amicably resolve the operator's need for additional hours. If amicable resolution of the request cannot be achieved, the Supervisors shall, within the period aforesaid, grant or deny the operator's request for additional hours; provided, however, that the Supervisors' permission to operate during such hours shall not be unreasonably withheld. "Unreasonably withheld" is defined as being a withholding or approval without a sound basis, based upon legally competent evidence, that such operation will result in significant harm to the health, safety and welfare of the citizens of the Township. Should the Supervisors fail to act within the aforesaid period, their approval of the request shall be deemed to have been given.
(16)
All mining operations shall comply with DER regulations and laws.
(17)
At the time of application for a zoning permit, an operations statement shall be submitted, as required by the Department of Environmental Resources (DER) in its application requirements for a permit.
(18)
At the time of application for a zoning permit, a reclamation plan shall also be submitted as required by the Department of Environmental Resources (DER).
(19)
Within 90 days after the commencement of operations and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer, said report as required by the Department of Environmental Resources (DER).
(20)
Waste products in waste containers may be placed within side and rear yards, provided that they are screened from adjoining roads and properties. All such containers shall be set back not less than 100 feet from any adjoining property.
E.
Accessory use standards.
(1)
The following accessory uses shall be permitted to be operated in conjunction with a quarry or mine for the extraction of minerals:
(a)
Stockpiling, processing and sale of stone and minerals produced by the quarry or mine.
(b)
Storage, maintenance and repair of construction and mining vehicles and equipment used by the operator of the quarry or surface mine in the operation on the property.
(c)
Sales offices relating to the sale of stone and minerals produced by the quarry or mine.
(d)
Administrative offices relating to the operation of the quarry or mine or an accessory use.
(e)
Bituminous asphalt manufacturing, recycling and sales, including administrative and sales offices.
(2)
Accessory uses and structures shall be clearly indicated on the application for a zoning permit for a quarry or mine. If an accessory use is to be commenced or an accessory structure is to be erected after the zoning permit for the quarry or mine is issued, the applicant shall apply for a permit for the accessory use, providing all information which the Zoning Officer may require to determine if there will be any changes to the information upon which the zoning permit for the quarry or mine was issued.