Bristol Township City Zoning Code
ARTICLE II
Use Regulations
§ 205-12 Applicability of regulations.
Except as provided by law or in this chapter, in each district no building, structure, or land shall be used or occupied except for the purposes permitted in § 205-16 of this article and for the zoning districts so indicated.
§ 205-13 Uses by right; special exceptions; conditional uses; uses not permitted.
B.
A use listed in § 205-15 is permitted as a special exception in any district denoted by the letter "S," provided the Zoning Hearing Board authorizes the issuance of a building permit by the Zoning Officer, subject to the requirements of §§ 205-16 and 205-187 and such further conditions as said Board may impose to insure the protection of adjacent uses, or the health, safety and general welfare.
C.
A use listed in § 205-15 is permitted as a conditional use in any district denoted by the letter "C," provided Council, having received a recommendation from the Planning Commission, grants the conditional use subject to the express standards set forth in § 205-178 and such further conditions that Council may impose to insure the protection of adjacent uses, or the health, safety, or general welfare.
§ 205-14 Uses subject to other regulations.
A.
Uses permitted by right or as special exceptions or conditional uses shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, and to such other provisions as are specified in other articles hereof.
B.
The conversion of an existing structure to a permitted nonresidential use in a zoning district shall be permitted, provided that the character of the existing structure is maintained, the parking and other requirements for the particular use are met, and the buffer requirements of § 205-109 are met. A new building permit is required each time a structure is converted to a different nonresidential use.
C.
In particular, the laws of the commonwealth and the regulations of the Bucks County Department of Health regarding waste disposal shall be adhered to. Further, no building permit shall be issued until approval is obtained from the Bucks County Department of Health for sewage disposal or until a certification of the availability of public sewage service is obtained from the servicing authority.
§ 205-15 Table of use regulations.
The Table of Use Regulations provides the list of permitted uses and the zoning district in which they are permitted. This table is for reference purposes only and is not part of the ordinance regulations.[1]
[1]
Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.
§ 205-16 Use regulations.
[Amended 2-20-2003 by Ord. No. 2003-06; 9-18-2003 by Ord. No. 2003-16; 9-18-2003 by Ord. No. 2003-17; 4-27-2006 by Ord. No. 2006-04; 11-19-2007 by Ord. No. 2007-09; 8-18-2016 by Ord. No. 2016-03; 3-16-2017 by Ord. No. 2017-01; 4-20-2017 by Ord. No. 2017-03; 6-17-2021 by Ord. No. 2021-07; 6-17-2021 by Ord. No. 2021-08; 5-19-2022 by Ord. No. 2022-04; 10-20-2022 by Ord. No. 2022-13; 11-10-2022 by Ord. No. 2022-17; 12-21-2023 by Ord. No. 2023-14]
A.
Residential Uses.
(1)
Al Single-Family Detached Dwelling. A dwelling having only one dwelling unit from ground to roof, designed and occupied exclusively as a residence for one family, having independent outside access and having yards on all sides, including a manufactured home or mobile home.
(a)
No more than one single-family detached dwelling shall be placed on a lot, and such detached dwelling shall be occupied by not more than one family.
(b)
If the dwelling is a mobile home, the following conditions shall also apply:
[1]
The provisions of all current municipal ordinances regulating mobile homes and regulations of the Bucks County Health Department regarding water supply and waste disposal shall be adhered to.
[2]
The area between ground level and the perimeter of the mobile home shall be enclosed by means of wood or aluminum skirting or other similar material.
[3]
Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.
(2)
A2 Two-Family Dwelling (twin or duplex). A structure containing two dwelling units, each of which is totally separated from the other by a solid wall extending from ground to roof or a solid ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell.
(3)
A3 Single-Family Attached Dwelling (townhouse dwelling). A dwelling designed and occupied exclusively as a residence for one family, having independent outside access attached to but separated from adjoining dwellings by not more than two party walls and not a two-family dwelling.
(5)
A4.1 Garden-Style Apartments. A garden-style apartment dwelling is an attached dwelling within a six- to 16-dwelling building and with dwellings above, side-by-side, or back-to-back with other dwellings. The building has setbacks on all four sides.
(6)
A5 Mobile Home Park. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes, subject to the following provisions:
(a)
Minimum site area: five acres.
(b)
There shall be a buffer strip of not less than 100 feet between a mobile home park and adjoining properties.
(c)
Public water and sanitary sewer facilities shall be available.
(d)
No more than 30% of the total area of said lot shall be used for space occupied by mobile homes.
(e)
A minimum distance of 20 feet shall be provided_ between mobile home units.
(f)
All residential units shall be in clearly designated lots. All residential units shall face or abut on a paved driveway of not less than 16 feet in width, giving easy access from said units to a public street. Such driveway shall be paved and maintained in good condition, be well lighted at night, and shall not be obstructed.
(g)
Mobile home parks must conform to the requirements for open space ratio, density, and impervious surface ratio, established in § 205-32 of this chapter.
(h)
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of wood or aluminum skirting or a similar material.
(i)
Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.
(j)
The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be nine.
(k)
No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.
(l)
Plans for any mobile home park shall be submitted in conformance with Chapter 177, Subdivision and Land Development.
(m)
A building permit shall be required for each mobile home placed in a park.
(7)
A6 Residential Conversion. The conversion of an existing residential or nonresidential building into two or a maximum of three dwelling units, subject to the following provisions:
(a)
The building to be converted shall meet the minimum yard requirements for Use Al for the applicable zoning district.
(b)
Detached dwellings which are converted must maintain the appearance of a detached dwelling with a singie front entrance. Stairways leading to the second or any higher floor shall be located within the walls of the building wherever practical. Stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall and in no case on a front wall or on a side wall facing a street. After conversion the building shall retain substantially the same structural appearance it had before such conversion.
(c)
For units proposed to be served by public sewers, certification should be provided from the servicing authority that adequate service is available for the proposed conversion. All septic systems must be approved by the Bucks County Department of Health as suitable for the proposed conversion.
(d)
Separate cooking, sleeping, living and bathroom facilities shall be provided for each dwelling unit.
(e)
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
(f)
A building must be occupied at least seven years before it is converted.
(g)
Off-street parking spaces shall be located o the side or rear of the converted structure.
(h)
Off-street parking lots with three or more spaces shall be buffered from abutting residences by hedge material placed on three-foot centers. Alternately, a four-foot to five-foot fence may be erected which provides a visual screen.
(8)
A7 Life-Care Facility. A life-care facility is a form of residential use designed and operated for individuals requiring certain medical and nonmedical support facilities and services.
(a)
Support facilities and services: A life-care facility may include some or all of the following medical and nonmedical support facilities and services.
[1]
Retail facilities shall be for use of residents and their guests only. No outside advertising is permitted. The life-care retail facilities may occupy no more than 0.1% of the total floor area. Retail facilities shall be limited to the following uses:
[2]
Life-care nursing facility. A health care facility designed for the temporary and long-term care of the residents of the life-care facility. Nursing beds shall not exceed one bed per three dwelling units.
[3]
Social services. Residents of the life-care facility may be provided with social services including, but not limited to, homemaker, personal care and financial management services.
[4]
Other support facilities may include, but are not limited to, lounge areas, reading rooms, craft rooms, common dining facilities, exercise rooms and recreational rooms.
(b)
Open space and passive recreational area. At least 50% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting areas shall be located on land subject to flooding or on slopes in excess of 5%.
(c)
Fire protection. All rooms in the life-care facility shall be provided with sprinkler systems for fire protection and shall contain and be served by wet charged stand pipes to the top floor.
(d)
Location to service.
[1]
Due to the dependence of the elderly on alternate means of transportation and the need for acquiring access to primary services, a life-care facility must be located within a quarter of a mile to the following services:
[2]
If this is not possible, the developer of a life-care facility shall submit to the municipality a transportation plan which shall outline a transportation service for the residents of the life-care facility, to be provided by the owner or manager, providing access to these services at reasonable intervals. This plan must be approved by the municipality as a condition for approval of use.
(e)
Safety features. It is necessary in the design and development of a life-care center that the safety and physical capabilities of the future residents be considered. The design features of the life-care center shall be such that potentially dangerous situations are minimized and the independence and mobility of the residents maximized. The following safety features shall be incorporated into the design of the life-care center as a condition of approval.
[1]
Handle-type spigots and doorknobs.
[2]
Showers designed for wheelchairs, in place of tubs in at least 30% of the units.
[3]
Nonskid surfaces in tubs and showers and on all floors.
[4]
Control of water temperature to avoid accidental scalding.
[5]
Flush door entrances for easy wheelchair access.
[6]
Emergency signal systems in bathrooms and bedrooms connected with· either an adjacent apartment or central office.
[7]
Grab bars around all toilets and tubs; in addition, all grab bars and towel racks shall be made of noncorrosive metal and be able to withstand up to 250 pounds.
[8]
All cooking stoves shall be electric. Burner controls shall be located in the front.
[9]
Electric outlets shall be located at levels at least 24 inches above the floor.
[10]
All light fixtures shall be located on the walls at convenient levels, to avoid accidents that might otherwise occur in the repair of ceiling fixtures.
[11]
There shall be ramps or elevators in addition to stairs.
[12]
All elevators shall have slow closing doors with sensitive reopening mechanisms.
[13]
Handrails shall be provided along all steps, hallways, ramps and sloped walks, both indoors and outdoors.
(9)
A8 Age-Qualified Residential Community. A residential development designed for and occupied primarily by persons 55 years of age or older who prefer an independent residential environment and do not require intensive individual care. An age-qualified residential community may include a mix of the following residential use types: A1 Single-Family Detached; A2 Two-Family Dwelling; A3 Single-Family Attached; A4 Multiple-Family Dwelling; A4.1 Garden-style Apartments; A5 Mobile Home Park.
(a)
A minimum base site area of nine acres is required.
(b)
A maximum density of nine dwelling units per acre of base site area for the overall tract is permitted. A Use A8 development shall provide for a compatible and harmonious mix of residential use types; provided, however, that one residential use type shall not account for more than 70% of the dwelling units on the overall tract.
(c)
A maximum building coverage of 25% of the net buildable site area for the overall tract shall be permitted.
(d)
A maximum impervious surface coverage of 60% of the net buildable site area for the overall tract shall be permitted.
(e)
A minimum of 40% of the base site area of the overall tract shall be devoted to common open space as defined in § 205-11. Open space having a dimension of less than 30 feet in width or containing an individual area less than 20,000 square feet shall not be counted toward the minimum percentage of open space. The Township may accept suitable off-site property in common ownership that meets the requirements of § 205-11 that is offered as dedicated open space either by dedication to or easement in favor of the Township in order to satisfy the open space requirements for the overall tract.
(g)
Individual Lot Requirements (Use A3).
[1]
Minimum lot area: 3,000 square feet per dwelling unit.
[2]
Minimum lot width: None.
[3]
Average unit width: 22 feet.
[4]
Number of units: Not less than three and not more than eight units in any one building.
[5]
Maximum building area: 65%.
[6]
Maximum impervious surface ratio: 80%.
[7]
Minimum Yard Area Around Dwellings. Specific individual requirements with respect to front, side and rear yard requirements for each lot are not required. Instead, a minimum of 1,000 square feet for each lot may be allocated for front, side or rear purposes or any combination thereof.
[9]
Maximum building height: 35 feet.
[10]
Every Use A3 Single-Family Attached dwelling within the A8 Age-Qualified Residential Community shall have a record lot on a recorded subdivision or condominium plan, though the lot may be within the interior walls of the dwelling unit.
(h)
Individual Lot Requirements (Use A4).
[1]
Minimum lot area of individual Use A4 lot: two acres.
[2]
Maximum building area: 10%.
[3]
Maximum impervious surface ratio: 45%.
[4]
Building setbacks. For Use A4 Multiple-Family Dwelling, no more than three contiguous structures may have the same setback; the difference in setback must be at least two feet when a change is provided.
[5]
Maximum height: two stories not to exceed 35 feet.
[6]
A Use A4 lot within a Use A8 Age-Qualified Residential Community may include accessory structures and common facilities such as open spaces, recreation areas and stormwater management facilities.
(i)
Individual Lot Requirements (Use A4.1).
[1]
Minimum lot area of individual Use A4.1 lot: 6,000 square feet.
[2]
Maximum building area: 75%.
[3]
Maximum impervious surface ratio: 80%.
[4]
Building setbacks. For Use A4.1 Garden-Style Apartments, no more than three contiguous structures may have the same setback; the difference in setback must be at least two feet when a change is provided.
[5]
Maximum height: two stories not to exceed 35 feet.
(j)
Individual lot requirements (other uses). All uses within a Use A8 Age Qualified Residential Community, other than Use A3 Single Family Attached Dwelling, Use A4 Multifamily Building or Use A4.1 Garden-Style Apartments, shall meet the minimum lot requirements for the underlying zoning district in which the property is located.
(k)
Accessory uses to an A8 Age-Qualified Residential Community shall be specifically restricted to serve only residents of the age-qualified residential community and their invited guests and shall contain a clubhouse consisting of some or all of the following: auditorium, activity rooms, craft rooms, library, physical therapy and fitness center, lounges and similar facilities. In addition, the following may be permitted as accessory uses to an A8 Age-Qualified Residential Community:
[1]
Recreation facilities such as swimming pool, tennis court, bocce court, shuffleboard court, walking path and golf chipping and putting area;
[2]
Guardhouse/gatehouse and/or mechanical entrance gate, which may be located in the required setback for the overall tract;
[3]
Administrative offices used exclusively for the management of the agequalified residential community; and
[4]
Uses customarily incidental to any permitted residential use.
(l)
A pedestrian circulation system shall be provided as an integral part of an agequalified residential community. The pedestrian circulation system shall include any one, or combination of sidewalks, pathways, and/or trails to provide access to neighborhoods, recreation, shopping or other destinations within and adjacent to the A8 Age-Qualified Residential Community.
(m)
Parking and Access Requirements.
[1]
All parking spaces shall be set back a minimum of 15 feet from the ultimate right-of-way line of any public street which is offered for dedication and shall not be permitted within any required yard or buffer yard. The area between the cartway and the parking area shall be devoted to required street trees, landscaping and sidewalks.
[2]
The parking layout shall provide for pedestrian circulation throughout the parking area. The pedestrian circulation system shall be illustrated on the site plan.
[3]
Parking requirements. There shall be a minimum of two parking spaces per dwelling unit for the entire development.
[4]
Where a clubhouse is proposed as an accessory use, one off-street parking space for each 200 square feet of gross floor area, plus one additional space for each employee shall be provided.
[5]
All private driveways for individual dwelling units and common parking areas shall take access from an internal road that is privately owned and maintained by a community association. There shall be no direct access to a publicly dedicated roadway from any private driveway or common parking area within the A8 Age-Qualified Residential Community. The only access points to a publicly dedicated roadway from the A8 Age-Qualified Residential Community shall be through a designated entrance which shall be subject to review and approval by the Township during the land development process.
(n)
No outdoor storage of boats, campers, recreation vehicles or motor homes shall be permitted within the A8 Age-Qualified Residential Community.
(o)
Buffer yards. A Class A buffer shall be provided along the overall tract boundary in accordance with § 205-109C.
(p)
Signs.
[1]
Signage for an age-qualified residential community shall comply with all applicable sign regulations of this chapter, except as modified or supplemented by these regulations.
[2]
Age-qualified residential community identification signs may be permitted within the required buffer yard; provided, that such signs are located outside of the ultimate right-of-way and do not obstruct the clear sight triangle.
(q)
Maintenance. Provisions shall be made for the perpetual maintenance, care and ownership of all common areas including streets, driveways, parking areas, walkways, landscaped areas, open space, recreation and stormwater management systems by a private association approved by Bristol Township Council and none of these facilities shall be offered for dedication to Bristol Township. Notwithstanding the foregoing, all streets, driveways and parking areas shall be designed and maintained in accordance with the applicable provisions of the Bristol Township Code of Ordinances.
(r)
Unit occupancy. No more than three persons shall occupy a dwelling unit in the age-qualified residential community on a permanent basis, at least one of whom shall be 55 years of age or older. With the exception of full-time care givers, no person under the age of 19 shall occupy a dwelling unit in the age-qualified residential community for more than three months in a calendar year.
(s)
Declaration of age restriction. At the time of subdivision and land development, as a prerequisite to the recording of any final plan approved, the developer shall record a declaration against the entire tract, in a form acceptable to Council, binding all properties and owners to the restriction which shall require one permanent resident of an individual dwelling unit within the age-qualified residential community to be age 55 or older, and which shall require that, with the exception of full-time caregivers, any resident of an individual dwelling unit within the age-qualified residential community under the age of 19 years old shall not reside in that unit for more than three months in any calendar year.
(10)
A9 Group Home. A residential dwelling unit used as living quarters by any number of unrelated persons specifically designed to create a residential setting for the mentally and physically handicapped, as that term is defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. The following criteria shall be met:
(a)
The applicable regulations of the United States of America, Commonwealth of Pennsylvania and/or the County of Bucks governing this specific use shall be met.
(b)
All certifications and/or licenses issued by the United States of America, Commonwealth of Pennsylvania and/or the County of Bucks for this specific use shall be obtained prior to the granting of a permit by the Zoning Officer.
(c)
The minimum space and occupancy requirements of § 120-6, Space and occupancy, of the Code of the Township of Bristol shall be met.
(d)
(Reserved)
(e)
The Township shall conduct inspections to ensure compliance with all subsections of this use.
(f)
A request for a reasonable accommodation for this use as required under the Federal Fair Housing Act, as amended, by providing an exception to the maximum number of unrelated persons living in a dwelling unit and/or restriction shall automatically be granted if the following standards and conditions are met:
[1]
All requirements under subsections (A)(9)(a) through (c) of this section;
[2]
In R-2 through R-4 districts, group homes shall have 10 or fewer residents;
[3]
A property containing a group home shall be a minimum distance of 300 feet from any other property containing a group home.
Nothing in this provision shall limit the Township from granting other reasonable accommodations for this use where the requested accommodation is consistent with the health, safety and welfare of the Bristol Township residents.
(11)
A10 Recovery House. A recovery house is a use where any number of individuals reside together either by court order or voluntarily in order to recover from drug, alcohol and/or substance abuse which serves as a transitional environment between rehabilitation facilities and reintegration into their future lives. This definition shall also include sober houses, or sober living environments. This term does not include roomers, boarders, lodgers, members of a family (except those protected as suffering from a "handicap" under the provisions of Sections 3602(h) and 3604 of the Fair Housing Act[1]) or any other use otherwise defined, described or regulated in this chapter.
(a)
The applicable regulations of the United States of America, Commonwealth of Pennsylvania and/or the County of Bucks governing this specific use shall be met.
(b)
All certifications and/or licenses issued by the United States of America, Commonwealth of Pennsylvania and/or the County of Bucks for this specific use shall be obtained prior to the granting of a permit by the Zoning Officer.
(c)
The minimum space and occupancy requirements of § 120-6, Space and occupancy, of the Code of the Township of Bristol shall be met.
(d)
Prior to the issuance of any permit or certificate of occupancy, all recovery house operators must provide proof in a form acceptable to the Township that they are a member in good standing and in compliance with all the rules and/or regulations of the following recovery home associations: Pennsylvania Alliance of Recovery Residences; the National Association of Recovery Houses; and the Bucks County Recovery House Association. Annually thereafter, each operator must provide similar proof that they remain a member in good standing and in compliance with all the rules and/or regulations of the recovery home associations listed in this subsection.
(e)
The Township shall conduct inspections to ensure compliance with all subsections of this use.
(f)
A recovery house may only be permitted in the R-1, C and NC Zoning Districts.
[1]
Editor's Note: See 42 U.S.C. §§ 3602(h) and 3604.
B.
Institutional and recreational uses.
(1)
B1 Place of Worship. Church, synagogue or other place of religious worship.
(a)
Access shall be to a collector or primary street.
(2)
B2 School. Religious, sectarian and nonsectarian, denominational private school or public school which is not conducted as a private gainful business, not including a trade or commercial school.
(a)
No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.
(b)
Outdoor play areas shall be sufficiently screened and sound-insulated with a planted buffer so as to protect the neighborhood from inappropriate noise and other disturbances.
(c)
Schools shall have access to a collector or primary street.
(3)
B2a College/University. An educational facility authorized to award associate, baccalaureate, and/or post-baccalaureate degrees and which may include buildings and structures necessary for the operation of a college or university, including classroom buildings, laboratories, gymnasiums, recreational facilities and dormitories.
(a)
Such use shall take access from arterial roadways.
(b)
No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.
(c)
Outdoor recreation areas shall be sufficiently screened and sound insulated with a planted buffer so as to protect the neighborhood from inappropriate noise and other disturbances.
(4)
B3 Trade or Commercial School. Trade or commercial school providing instruction in a trade, in the arts or other activities; this does not include a public or private school or a day-care center.
(5)
B4 Library or Museum. Library or museum, open to the public or connected with a permitted educational use and not operated as a private, gainful business.
(6)
B5 Private Club. A private club or lodge established for the fraternal, social, educational, civic, or cultural enrichment of its members, whose members meet certain prescribed qualifications for membership and pay dues.
(a)
The use shall not be conducted as a private gainful business.
(b)
The use shall be for members and their authorized guests only.
(c)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.
(d)
Outdoor recreation areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.
(7)
B6 Community Center. An educational, social, cultural or other similar facility, operated by a public or nonprofit group or agency subject to the following provisions:
(a)
The use shall not be conducted as a private gainful business.
(b)
Dining services and/or the service of alcoholic beverages shall not be part of the regular activities at the facility.
(c)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.
(d)
Outdoor recreation areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.
(e)
Community centers shall have access to a collector or primary street.
(8)
B7 Day-Care Center. A facility in which out-of-home day care is provided to four or more children, disabled persons and/or elderly.
(a)
In residential districts, the use shall be conducted in a building designed to look like a single-family detached residence.
(b)
An outdoor recreation area shall be provided with a minimum area of 200 square feet for each child and 100 square feet for each disabled or elderly person. This outdoor play area shall be located to the side or the rear of the lot and shall not include any parking areas. The outdoor play area shall be fully enclosed by a four-foot-high fence and shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
(c)
Sufficient facilities for passenger loading and unloading shall be provided.
(d)
This use may be permitted as accessory to a permitted nonresidential use.
(e)
A license from the Pennsylvania Department of Public Welfare shall be required.
(9)
B8 Hospital. An establishment licensed by the American Hospital Association which provides health services primarily for in-patient medical or surgical care of the sick or injured, including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices as an integral part of the establishment.
(10)
B9 Nursing Home. A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care to individuals who, by reason of advanced age, chronic illness or disabilities, are unable to care for themselves.
(a)
Each nursing home facility must provide an outdoor sitting area which must be landscaped. The sitting area must be properly situated in terms of the microclimate (no extreme southerly exposure) and shall not be located on land subject to flooding or on slopes over a 5% grade.
(11)
B10 Cemetery. A burial place or graveyard including mausoleum, crematory or columbarium.
(a)
Minimum lot area: 10 acres.
(b)
No more than 10% of the lot area, to a maximum of five acres, may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administrative offices, chapels, maintenance facilities and the like. This restriction includes parking facilities.
(c)
No building or structure shall be located within 50 feet of a property line or street line.
(d)
One single-family detached dwelling for a full-time caretaker shall be permitted.
(12)
B11 Municipal Services. All municipal buildings, structures and uses including, but not limited to, recreational facilities, playgrounds, parks, governmental offices, garages for the storage of tools, equipment and vehicles, municipally sponsored police and emergency services, and the use of land for the stockpiling of materials used by the municipality in its municipal functions.
(13)
B12 Public Park/Public Recreational Facility. Outdoor recreational facility, nature area, playground or park, owned or operated by the local, county, state, or federal government.
C.
Office uses.
(1)
C1 Office. A room or group of rooms used for conducting the affairs of a business, profession, or service other than Uses Bll, C2, and D14.
(2)
C2 Medical Office. Office or clinic for medical, psychological or dental examination or treatment of persons as outpatients, including laboratories incidental thereto and chiropractic services, physical therapy, or massage therapy by massage therapists with certification from the National. Certification Board for Therapeutic Massage and Bodywork or other recognized national certification board approved by Council.
(3)
C3 Office Park. An office park is a planned development of office and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.
(a)
Area and Dimensional Requirements.
(b)
Permitted uses: B7 Day-Care Center, Cl Office, C2 Medical Office, D1 Retail Shop, D3 Financial Establishment, D4 Sit-Down restaurant, D8 Motel, Hotel and Inn, D10 Athletic Facility, D20 Parking Lot or Garage, and F2 Research and Development.
(c)
At least 70% of the total floor space of the park shall be utilized for office uses.
(d)
Accessory outside storage or display of materials, goods or refuse is not permitted within an office park.
(e)
Individual uses may be located in detached and attached structures.
(f)
All uses within the office park shall take access from an interior roadway. Access for the park shall be from an arterial or collector highway.
(g)
All parking and loading facilities shall be located to the side or rear of buildings.
(h)
Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
(i)
All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act or other ownership arrangement approved by the municipality.
(j)
The applicant shall submit a plan for the overall design and improvements for the office park.
D.
Retail and consumer service uses.
(1)
D1 Retail Shop. A shop or store with a gross floor area of 10,000 square feet or less selling apparel, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, paint, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics, automotive accessories, and service business such as barber, beautician, laundry and dry cleaning (not to include dry cleaning and dying plant), shoe repair, tailor, photographer, travel agency and photocopy center. Also included within this use shall be the sale of soft drinks, beer and other alcoholic beverages in sealed containers not for consumption on the premises.
(a)
All products produced on the premises shall be sold on the premises at retail.
(b)
Where a drive-through window is proposed, a stacking lane shall be provided to serve a minimum of six vehicles. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
(c)
Any retail shop that provides for gasoline or fuel sales directly to retail customers shall be considered to be a Use D15, Service Station, and shall meet the requirements of that use and shall only be permitted in zoning districts where Use D15 is permitted.
(2)
D2 Large Retail Store. A store with a gross floor area of greater than 10,000 square feet, selling commodities and goods to the ultimate consumer such as supermarkets, department stores and discount stores.
(a)
All products produced on the premises shall be sold on the premises at retail.
(b)
Any large retail store that provides for gasoline or fuel sales directly to retail customers shall be considered to be a Use D15, Service Station, and shall meet the requirements of that use and shall only be permitted in zoning districts where Use D15 is permitted.
(3)
D3 Financial Establishment. Bank, savings and loan association, credit union and other financial establishments, not including Use D29 Pawnshop/Check-Cashing Establishment.
(a)
For each drive-in teller window, a stacking lane shall be provided to serve a minimum of six vehicles. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
(4)
D4 Sit-Down Restaurant. Eating place for the sale and consumption of food and beverages without drive-through service and without takeout service. All food and beverages are to be served by waiters and waitresses and consumed inside the building while patrons are seated at counters and tables. The sale of alcoholic beverages must be incidental to the sale and consumption of food.
(5)
D5 Fast-Food Restaurant. Eating place which utilizes an inside window, service area or cafeteria line where customers place their orders and food is served for consumption at seating areas within the building and for customer takeout service. This type of eating place may also have drive-through service.
(a)
-Where a drive-through window is proposed, a stacking lane shall be provided to serve a minimum of eight cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
(b)
Trash receptacles shall be provided outside the restaurant for patron use.
(6)
D6 Repair Shop. Repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines and other light equipment, but not including automobiles, motorcycles, trucks and heavy equipment.
(7)
D7 Funeral Home or Mortuary. An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
(8)
D8 Motel, Hotel and Inn. A building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent.
(a)
Motels, hotels and inns may contain the following accessory facilities: eating place, tavern, conference and meeting rooms, and banquet rooms.
(9)
D9 Indoor Entertainment. An entertainment or recreational facility operated as a gainful business and taking place within a building including a bowling alley, skating rink, billiard hall, movie theater, theater or other similar use.
(10)
D10 Athletic Facility. An athletic facility with indoor and/or outdoor facilities. Activities may include, but are not limited to the following: baseball; soccer; court games such as racquetball, handball, squash, tennis, basketball, and volleyball; facilities for exercise equipment and health clubs; swimming pools; and facilities related thereto.
(a)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.
(b)
Outdoor recreation areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.
(c)
Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be part of the regular activities at the facility.
(11)
D11 Target Range. A facility, indoor or outdoor, which provides for target practice by individuals using pistols, shotguns or rifles. This use may also include archery ranges.
(a)
A minimum lot area of two acres shall be required.
(b)
If outdoors, the range shall not be lighted for nighttime use.
(c)
The safety of adjoining properties shall be a primary consideration in the location of the target range.
(d)
Where the range includes target practice for firearms, the following shall be required:
[1]
The range shall be designed and constructed in accordance with the National Rifle Association's standards for the particular type of range.
[2]
The range shall be operated in strict accordance with the National Rifle Association's standards for operation and safety.
[3]
The range shall be used only for the type of firearms which it is designed to accommodate.
(12)
D12 Outdoor Entertainment. Outdoor entertainment or recreational facility operated as a gainful business and not including an athletic facility, outdoor motion picture establishment, or vehicular track or course.
(13)
D13 Tavern. An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental to the primary use.
(14)
D14 Veterinary Office or Clinic. Office of a veterinarian with associated animal kennel. In no event shall animal kennels be allowed as a primary use.
(15)
D15 Service Station. An establishment for the sale of vehicular fuels and the sale and installation of lubricants, tires, batteries and similar automotive accessories.
(a)
A minimum lot width of 150 feet shall be provided along each street on which the lot abuts.
(b)
Access drives shall be at least 50 feet from the intersection of any streets, measured from the intersection of the street lines.
(c)
All activities shall be performed within a completely enclosed building, except those to be performed at the fuel pumps.
(d)
Fuel pumps shall be at least 25 feet from any street line.
(e)
All automobile parts and similar articles shall be stored within a building.
(f)
Lubrication, oil changes, tire changes and minor repairs shall be performed within a building.
(g)
Vehicles awaiting repairs shall not be stored outdoors for more than seven days.
(h)
The sale of convenience-type products shall be permitted as an accessory use subject to the following:
(i)
Paint spraying or body and fender work shall not be permitted.
(j)
The sale or rental of automobiles, trucks, trailers, or other vehicles shall not be permitted.
(k)
All fuel tanks shall comply with Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (PaDEP) regulations for such tanks.
(l)
This use shall be permitted only on lots having frontage along two arterial roadways.
(17)
D17 Automotive Sales - New. The sale, lease or rental of new automobiles, trucks (not exceeding one-ton hauling capacity), motorcycles, boats and recreational vehicles.
(a)
Display areas shall not be permitted in the required front, side and rear yards.
(b)
The sale of used automobiles, trucks (not exceeding one-ton hauling capacity), motorcycles, boats and recreational vehicles, and automobile repair work shall be permitted as accessory uses, provided that the requirements for Use D18 Automotive Repair are met.
(c)
Parking areas for customers and for auto service must be clearly delineated so as to separate them from auto display and storage areas.
(d)
A minimum aisle width of six feet shall be provided between aisles of parked automobiles for sale.
(18)
D17a Automotive Sales - Used. The sale, lease or rental of used automobiles, trucks (not exceeding one-ton hauling capacity), motorcycles, boats and recreational·vehicles.
(a)
Display areas shall not be permitted in the required front, side and rear yards.
(b)
Automobile repair work shall be permitted as an accessory use, provided that the requirements for Use D18 Automotive Repair are met.
(c)
Parking areas for customers and for auto service must be clearly delineated so as to separate them from auto display and storage areas.
(d)
A minimum aisle width of six feet shall be provided between aisles of parked automobiles for sale.
(19)
D18 Automotive Repair. Establishments doing paint spraying, body and fender work, and/or mechanical repair work, custom body work, for automobiles, trucks and other motor vehicles.
(a)
All work shall be performed within a fully enclosed building.
(b)
All automobile parts and similar articles shall be stored within a building.
(c)
Vehicles awaiting repairs shall not be stored outdoors for more than 30 days.
(d)
The sale of automotive accessories, parts, tires, batteries and other supplies shall be permitted in conjunction with this use.
(21)
D20 Parking Lot or Garage. A lot of record upon which the parking or storing of motor vehicles is the primary use, provided:
(a)
No sale, rental, service or repair operation of vehicles shall be performed.
(b)
The parking or storage of heavy trucks (exceeding one-ton hauling capacity) or trailers shall not be permitted.
(22)
D21 Marina. A service-oriented facility for the mooring and storage of recreational boats within quick and convenient access of an open body of water. Such use may include the sale of boats, fuel and supplies and provide for emergency servicing and land (out-of-water) storage for recreational boats.
(b)
No boats offered for sale shall be displayed in the required yards set for the zoning district in which the marina is located.
(c)
New marinas and expanding marinas must provide adequate capacity to handle sewage, either by means of on-site pump-out and treatment facilities or connection to a treatment plant. Applicants shall document the availability and capacity of the above sewage facilities to handle the anticipated volume of wastes. All marinas with fueling facilities shall provide pump out facilities at each fuel dock. Marinas which serve liveaboards or overnight transient traffic shall provide direct connections to municipal sewage collection systems at every liveaboard and transient slip.
(d)
All applicants shall provide documentation of their capability to respond as rapidly and effectively as possible to contain any spills of petroleum or other hazardous materials. Documentation shall be in the form of a spill contingency plan which includes a list of cleanup equipment and where it will be stored, fuel pump operation and emergency shutdown procedures, spill containment and removal procedures, and a description of the training which will be provided to marina personnel who will operate the pumps and deploy clean up equipment.
(e)
Boat maintenance activities in new or expanded marina sites shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic substances common to boat maintenance. Paint chips and cleaning agents must be kept in hull maintenance areas so as to avoid contaminating surface water. Runoff from boat maintenance activities must be collected and treated prior to discharge.
(f)
Open wet slips shall be preferred to covered wet slips in marina design to reduce shading of water bodies which results in lowered biological productivity.
(g)
Aisles shall be provided between boats to allow for safe access; stacking of boats must be avoided.
(h)
New marinas and expanding marinas shall provide facilities for recycling or proper disposal of oil, antifreeze, paint thinner and other toxic or hazardous substances associated with the type of facility being developed.
(i)
Activities shall not significantly alter existing water circulation patterns or salinity regimes.
(j)
Disturbances to wetlands, submerged aquatic plant beds or other areas of important aquatic habitats will be minimized.
(k)
Dredging shall be conducted in a manner, and using a method, which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation.
(l)
Such use shall meet all applicable state and federal requirements.
(m)
The proposed use shall be referred to the Fire Marshal for review regarding safety.
(23)
D22 Adult Commercial Uses.
(a) ADULT ARCADE ADULT BOOKSTORE ADULT BUSINESS ADULT BUSINESS OPERATOR ADULT BUSINESS OWNER ADULT CABARET ADULT ENTERTAINMENT ENTERPRISE ADULT ENTERTAINMENT ROOM ADULT HOTEL/MOTEL ADULT MODELING STUDIO ADULT MOTION-PICTURE THEATER ADULT VISUAL MATERIALS OR VIDEO STORE BAR DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON EMPLOYEE ENTERTAINER OPERATE AN ADULT BUSINESS REGULARLY FEATURES WITH RESPECT TO AN ADULT BUSINESS SEMINUDE SPECIFIED ANATOMICAL AREAS[1] [2] [3] SPECIFIED SEXUAL ACTNITIES[1] [2] [3] [4] [5]
An adult commercial use shall include and be defined as follows:
Any place in which the public is permitted or invited wherein coin-operated or slab-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.
An establishment having as a substantial, significant, or preponderant portion of its stock in matter which are distinguished or characterized by their emphasis on content depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
Any adult or sexually oriented business, including any business establishment that regularly features live performances, which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person. Or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person, or any business whose primary purpose is the sale of display of matter that, because if its sexually explicit nature, may, pursuant to state law or other regulatory authority, be offered only to persons over the age of 18 years. Adult business may include an adult arcade, adult bookstore, adult cabaret, adult hotel/motel, adult motion-picture theater, adult visual materials or video store, adult modeling studio, or adult enterprise, as defined herein.
A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on the premises thereof.
A person or persons who hold a financial or other business interest, in whole or in part, either singly or jointly, in an adult business. For purposes of this chapter, indicia of ownership may be established by evidence including, but not limited to, business license information, fictitious business name registration, utility billing information, or by other competent evidence. For purposes of this chapter, the person whose name appears on the business license application as the business owner shall be deemed to be the adult business owner.
A building or portion thereof or area regularly featuring the presentation or exhibition of live performers whose performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined; or whose performances are rendered in a state of dress so as to expose the female breast below a point immediately above the top of the areola; male or female genitals; public areas; buttocks; or the female breast with only the nipple or areola covered, or any combination thereof, for observation by patrons or customers.
Any business activity wherein (1) is furnished for a fee or charge or other like consideration the opportunity to paint, feel, handle, touch, be in the presence of, be entertained by, be painted by, felt by, or touched by, the unclothed body or the unclothed body of another person, or to observe, view, or photograph such activity, or (2) a fee or charge or like consideration is paid or received for goods sold or services rendered by or in the presence of one or more persons with an unclothed body or an unclothed portion of the body. Adult entertainment enterprise shall include, but not be limited to, the following business activities and activities similar thereto adult or nude encounter studios, adult or nude dance studios, nude exhibitions, peep shows, wrestling centers, adult or nude art or photograph studios. "Unclothed portion of the body" shall mean state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals, public areas, buttocks, or female breast with only the nipple and areola covered.
Any room of an adult entertainment establishment, which constitutes an adult cabaret, adult motion-picture theater, adult entertainment enterprise, or adult theater, or adult visual materials store pursuant to this section.
A hotel or motel or similar business establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.
A business which provides, for any form of compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.
A building or portion thereof or area, open or enclosed, used for the presentation on more than 1/3 of the days in a calendar year during which motion-picture films, video cassettes, cable television or any other such visual media are displayed or exhibited, of films, videocassettes, cable television or their visual media which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as hereinafter defined for observation by patrons or customers. "Adult motion-picture theater" does not include any room or suite of rooms rented for human occupancy in a hotel or motel which is equipped for furnished with a video cassette playing machine or cable television, unless such hotel or motel is determined to be an adult hotel/motel as defined herein.
A building or portion thereof used by an establishment having not less than 30% of its actual display area devoted to; or stock in trade for sale or rental to the public or any segment thereof consist of books, magazines, other publications, films, video cassettes, or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined.
Any commercial establishment licensed by the State Liquor Control Board to serve any alcoholic beverages on the premises.
The dominant or essential theme of the object described by such phrase.
Every owner, partner, manager, supervisor, performer or other worker, whether paid or not, who renders services of any nature in the conduct of an adult business establishment. For purposes of this chapter, it shall be a rebuttable presumption that every person who renders services of any nature in the conduct of an adult business is an employee of the adult business.
Any person who is an employee or independent contractor of the adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.
The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.
A regular, substantial course of conduct. The presentation, in or at any building or portion thereof, of live performances which are distinguished or characterized by an emphasis upon the display or specified anatomical areas or specified sexual activity on two or more occasions within a thirty-day period; three or more occasions within a sixty-day period; or four or more occasions with a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
A state of dress in which clothing covers no more than the genitals, public region, buttocks, areola of the female breast, as well as portion of the body covered by supporting straps or devices such as by G-strings, pasties, thongs, bikinis, or other similar forms of garments or devices.
Any of the following:
Less than completely and opaquely covered human genitals, public region, buttocks and female breast below a point immediately above the top of the areola; and
Human male genitals in a discernibly turgid state, even if completely opaquely covered.
Any device, costume or covering that simulates any of the body part included in Subsections (1) or (2) above.
Any of the following whether performed directly or indirectly through clothing or other coverings:
Human genitals in a state of sexual stimulation or arousal;
Sexual acts, actual or simulated, including sexual intercourse, oral copulation or sodomy; and
Fondling or other erotic touching of human genitals, public region, buttocks or female breast.
Masturbation, actual or simulated; and
Excretory functions as part of or in a connection with any of the other activities described in Subsections (1) through (4).
(b)
These adult commercial uses shall be subject to the following provisions:
[1]
The building or structure of such use shall be located no less than 1,000 feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional or educational use.
[2]
No such use shall be located within 2,000 feet of a similar use.
[3]
No pornographic material shall be visible from a window, door, or exterior of the building.
[4]
No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult use.
(c)
An adult commercial use shall not include the following:
[1]
Any activity conducted or sponsored by a school district or other public agency; so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.
[2]
Any activity conducted by a person pursuant to any license issued by the State of Pennsylvania or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession, in and to the extent that such activity is conducted within the course and scope of the exercise of the privileges authorized by such license, or the duties of such agency.
(24)
D23 Personal Service Establishment.
(a) BODY PIERCING PERSONAL SERVICE ARTIST/OPERATOR TATTOO or TATTOOING
Any premises where a personal service artist/operator does body piercing and tattooing, as defined below:
The process of breaching the skin or mucous membrane for the purpose of insertion of any object, including but not limited to jewelry for cosmetic purposes.
One who engages in body piercing or tattooing.
To mark or color the skin by pricking in, by subcutaneous introduction, nontoxic dyes or pigments so as to form indelible marks or figures or by production of scars.
(b)
These uses shall be subject to the following provisions:
[1]
The building or structure of such use shall be located no less than 1,000 feet from any residential use or district, school, place of worship, day care center, recreation facility, public park, or another personal service establishment.
[2]
Services must be performed under sanitary conditions and in compliance with all federal, state and local regulations, rules and laws, if any, regulating such procedure.
[3]
Such establishment must display notices as are required by Pennsylvania law regarding the necessity of parental consent before any procedure is performed on a minor.
(25)
D24 Agriculture. The production of agricultural, horticultural, arboriculture, viticultural and dairy products; the keeping of livestock, poultry, and the products thereof; bee raising and the products thereof; and all buildings (barns, sheds, silos, etc.) which are associated with this use.
(a)
The minimum site area shall be two acres.
(b)
Any building or structure used for the keeping or raising of bees, livestock, or poultry shall be situated not less than 75 feet from any street line or property line. Livestock and poultry are not permitted to run at large. A fenced-in area for the keeping of livestock and poultry shall be provided and shall not be less than 100 feet from a dwelling other than the owner's.
(c)
The keeping or raising of livestock and poultry shall be limited to the keeping and raising of two head of livestock and 100 fowl per one acre.
(d)
The raising of ferrets and/or garbage-fed pigs shall not be permitted.
(26)
D25 Nursery. The raising of plants, shrubs and trees, outdoors or in a greenhouse, for sale and transplantation.
(27)
D26 Commercial Kennel. An establishment, structure, lot or portion of a lot on or in which six or more dogs, cats or domestic pets are housed, bred, boarded, trained or sold or in which animals are raised for laboratory use or for furs and skins.
(a)
The minimum site area shall be two acres.
(b)
No animal shelter or run shall be located closer than 150 feet from any street line or property line.
(c)
One single-family detached dwelling shall be permitted on the same tract with this principal use, provided that the yard and setback requirements for Use Al Single Family Detached Dwelling for the applicable zoning district shall be met.
(d)
Retail sales of related items shall be limited to a maximum floor area of 750 square feet.
(e)
No structure for the storage or processing of animal waste shall be situated less than 150 feet from any street line or property line. No storage, processing or spraying of animal waste shall take place outdoors.
(28)
D27 Dwelling in Combination. A dwelling or dwellings within the same building as an existing or permitted office or commercial use.
(29)
D28 Convention/Exposition Center. A facility used for conferences and seminars with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, and meeting rooms.
(30)
D29 Pawnshop/Check-Cashing Establishment.
(a)
Any premises which include one or both of the following:
[1]
Pawnshop (pawnbroking): a business engaged in:
[a]
Lending of money on the deposit or pledge of personal property, securities, or written evidences of indebtedness;
[b]
Purchasing personal property with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or
[c]
Lending money upon goods, wares, or merchandise pledged, stored, deposited as collateral.
[2]
Check cashing establishment: a business which is not a bank or financial establishment (Use D3) subject to federal and state regulation that charges either a flat fee or a fee based on a percentage of the face value of a check to be cashed or processed by such establishment and provides such service to the public.
(b)
These uses shall be subject to the following provision:
[1]
The building or structure of such use shall be located no less than 1,000 feet from any residential use or district, school, place of worship, day-care center, recreation facility, public park, or another pawnshop/check-cashing establishment.
[2]
The sale of convenience-type products shall be permitted as an accessory use subject to the following:
(31)
D30 Forestry. The management and/or removal of trees or woodlands, as defined in § 205-11, when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. This includes clear-cutting or selective cutting for the sale of the trees for lumber, pulp, firewood or the like.
(a)
For all commercial forestry operations as described above, a permit shall be required, and the following conditions shall be met:
[1]
The area of the forest shall not be cleared below 80% of the forest as it exists at the time the forestry use is established.
[2]
Applications for other forestry/logging activities shall be accompanied by a forest management plan prepared by a qualified forester, which shall be approved by the municipality. For any tract or tracts of land for which a forest management plan which includes a logging operation has been approved and for which a logging permit is issued and pursuant to which any logging operation is conducted, such tract or tracts shall not be subject to or permitted any other use under this chapter (including other permitted uses in said zoning district) until certification by the municipality of the successful completion of any reforestation portion of the approved forest management plan, including any reforestation period set forth by the plan.
[3]
Each forest management plan and the logging operation itself shall comply with the following requirements:
[a]
The forest management plan submitted in support of a proposed logging operation shall identify and inventory. The principal variety or varieties of trees intended to be logged. The criteria for selection of trees to be removed must be clearly stated and must conform to a plan for sustainable use of the woodland resource. Such a plan shall describe how the health and diversity of the woodland will be protected and the potential for future timber harvests maintained.
[b]
A reforestation program shall be submitted which shall show a program for reestablishment of the forest on a sustained yield basis. The program shall specifically identify each principal variety of tree to be reforested, the method of reforestation to be employed and the recommended reforestation or regeneration period in terms of years.
[c]
The forestry plan shall address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law), and Chapter 105, Dam and Waterway Management Rules and Regulations issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachment Act). An erosion and sedimentation control plan designed to prevent erosion and sedimentation during and after the logging operation shall be submitted and approved by the Bucks County Conservation District Copy shall be provided of the Bucks County Conservation District Letter of Adequacy for the proposed erosion control facilities, including associated plans, reports, and other permits as required.
[d]
The forestry plan shall address, at a minimum, the following:
[i]
Design of the temporary road system.
[ii]
Water control structures.
[iii]
Stream crossings.
[iv]
Log landings.
[v]
Haul roads, skid roads, and skid trails.
[vi]
Maintenance.
[vii]
Road use.
[viii]
Temporary road and log landing removal and restoration.
[ix]
General location of the anticipated operation in relation to Township and state highways.
[x]
Property boundary for the tract on which the logging will take place and boundary of the proposed harvest area.
[xi]
A stand description for each stand located in the proposed harvest area.
[xii]
Copies of all permits required shall be submitted as an Appendix to the forestry plan.
[e]
All plans shall show how the general habitat and visual block of the forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.
[f]
All cutting, skidding, removing and transporting of trees shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees and vegetation and the land itself.
[g]
Felling or skidding across perennial or intermittent streams is prohibited except over bridges or culverts. Felling or skidding on, or across, any public thoroughfare or street is prohibited without the expressed written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of said thoroughfare or street.
[h]
Buffers.
[i]
A no-logging buffer zone with a width of 50 feet shall be maintained along both sides of any watercourses and around the perimeter of any springs.
[ii]
A no-logging buffer zone with a width of 25 feet shall be maintained on the property on which the forestry operation is to be conducted along all public streets. The buffer shall be measured from the legal right-of-way. No trees shall be cut, removed, skidded, or transported within the no-logging buffer zone except as necessary for access to the site from a public street.
[iii]
A limited-logging buffer zone with a width of 25 feet shall be maintained on the property on which the forestry operation is to be conducted along abutting properties. The buffer shall be measured from the legal right-of-way. Only trees larger than 15 inches in dbh (diameter at breast height) may be cut, removed, skidded, or transported within the limited-logging buffer zone except as necessary for access to the site from a public street.
[iv]
No tops or slash shall be left within 25 feet of any public roadway.
[v]
All tops and slash between a distance of 25 feet and 50 feet from a public thoroughfare shall be lopped to a maximum height of six feet above the surface of the ground.
[i]
Maintenance.
[i]
No tops or slash shall be left on or across a property boundary without consent of the adjoining property owner.
[ii]
Litter (trash) resulting from any forestry operation shall be cleaned up and removed from the site before it is vacated by the operator.
[iii]
Any soil, stones, and/or debris carried onto public roadways must be removed immediately.
[iv]
When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the wooded area to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable ground cover.
[j]
A bond shall be posted to insure reforestation.
[k]
An agreement shall be signed and recorded that no cutting or clearing shall be considered to reduce the area of forest/woodland for any subdivision or land development, proposed or not, pursuant to this chapter.
[l]
The Township shall be notified three working days prior to the commencement of operation and upon completion of all work prescribed under the forestry plan.
[m]
The forestry plan and all related permits shall be available at the forestry operation site.
[n]
Before any permitted forestry operation begins, all trees which are to be felled in connection therewith shall be clearly marked on the trunk and stump.
(b)
Cutting of trees and/or grading which is initiated two years or less before the submission of plans for subdivision, land development, or building permits is presumed to be in anticipation of development. If an application for building, subdivision or land development is submitted for the property within two years of the date the cutting and/or grading began, the requirements for natural resource protection, as set forth in § 205-108 of this chapter, shall be applied to the property as it was prior to removal of trees or grading. If woodland removal, tree removal, or grading has exceeded the limits set forth in § 205-108, the applicant is required to replace trees removed during the tree or woodland removal process. Replacement will be based on the actual number and size of trees or woodland removed, and trees shall be replaced on an inch-for-inch basis. Determination of actual caliper-inches of trees removed may be determined through site inspection or on the basis of the tree inventory that was submitted to the Township. If it is not possible to determine the caliper inches of trees removed, then replacement trees shall be provided so that there shall be a minimum of 1,500 caliper-inches of trees per acre after replanting.
(c)
Any permitted clearing or alteration of a woodland shall be undertaken to maintain the existing continuous canopy of trees where a continuous canopy exists. Every effort should be made to keep the dimensions of wooded tracts as near to square or circular as possible to minimize edge-to-interior ratio and to maximize effective woodland interior habitat.
(d)
An exception is provided to exempt the individual property owner from the requirement of obtaining a permit to cut a tree or trees as part of normal maintenance and upkeep of his property. The following activities are specifically exempt from the provisions of this use and shall not require a zoning permit:
(32)
D31 Medical Marijuana Dispensary. Subject to the specific criteria listed below:
(a)
A medical marijuana dispensary shall provide to the Township proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any Township approval shall immediately become void. A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana. Proof of a permit issued by the Department of Health, and all renewals thereof, must be provided to the Township.
(b)
A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities and must maintain a permit issued by the Department of Health.
(c)
A medical marijuana dispensary may not be located on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the property line of a parcel containing a public, private or parochial school or a day-care center.
(d)
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed and secure facility.
(e)
A medical marijuana dispensary shall be limited to the hours of operation not earlier than 7:00 a.m. and not later than 10:00 p.m.
(f)
A medical marijuana dispensary shall submit proof to the Township of a disposal plan approved by the Department of Health.
(g)
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is located.
(h)
No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.
(i)
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
(j)
A medical marijuana dispensary shall submit a security plan to the Township, which plan shall demonstrate how it will maintain effective security and control of the facility. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 701 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
(33)
D32 Hookah Bar/Lounge. Any establishment that is dedicated, in whole or in part, to the smoking of a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah," and also known as a narghile, nargileh, shisha, hubble-bubble, and goza, or any similar device. Subject to the specific criteria listed below:
(a)
Operating hours closed 12:00 a.m. to 11:00 a.m.
(b)
No discernible noise or vibration beyond property line.
(c)
No alcoholic beverages served or consumed on premises.
(d)
Planted buffer, fence or sound barrier when located within 300 feet of a residential property.
(e)
Services must be performed under sanitary conditions and in compliance with all federal, state and local regulations, rules and laws, if any, regulating such services.
(f)
No one under the age of 18 is permitted on premises.
(34)
D33 Smoke Shops and Tobacco Stores. Any premises having more than 250 square feet dedicated to the delivery, display, distribution, furnishing, marketing, offering and/or sale of cigarettes, cigars, e-cigarettes, chewing tobacco or other tobacco products and paraphernalia.
(a)
Notwithstanding any other provision of this title to the contrary, smoke shops and tobacco stores shall be a conditional use in the Commercial Zoning District. Requirements for conditional use approval include:
[1]
Smoke shops and tobacco stores shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions from any property line, without regard to intervening structures or objects, of the nearest point on a property line of a parcel containing a public, private or parochial school or daycare center, youth or community center, public park or religious institution.
[2]
Smoke shops and tobacco stores shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions from any property line, without regard to intervening structures or objects, of the nearest point on a property line of a parcel containing another smoke shop or tobacco store.
[3]
No smoking shall be permitted on the premises at any time.
[4]
No self-service e-cigarette, tobacco, tobacco product or tobacco paraphernalia displays shall be permitted.
[5]
No distribution of free or low-cost e-cigarette, tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
[6]
No sales may be solicited or conducted on the premises by minors.
(b)
It shall be unlawful for smoke shops or tobacco stores to permit a minor, not accompanying a parent or guardian, to enter into or remain in the smoke shop or tobacco store. Smoke shops and tobacco stores shall post clear signage at all points of entry stating that minors are prohibited from entering unless they are accompanying a parent or guardian.
(c)
Smoke shops and tobacco stores that are legally existing on the effective date of the ordinance codified in this section may continue to operate as legal nonconforming uses and shall not be required to obtain conditional use approval. However, any change or expansion of the legal nonconforming use shall require compliance with this section and conditional use approval.
E.
Utility, service and transportation uses.
(1)
E1 Utilities. Transformer station, pumping station, relay station, substations, telephone switching center, water or sewage treatment plant and any similar or related installation, not including a public incinerator, a commercial communication tower, or a public or private landfill. In addition to public utilities, this use includes private utilities in a subdivision or land development. Wireless communications facilities are regulated under Use E4 and are not utilities.
(a)
In residential districts such uses shall be permitted only where all of the following conditions have been met. These requirements shall not apply to uses that are exempt under Section 619 of the Pennsylvania Municipalities Planning Code.[2]
[1]
Such installation is essential to service such residential areas.
[2]
No public business office, storage building or storage yard shall be operated in connection with the use.
[2]
Editor’s Note: See 53 P.S. § 10619.
(2)
E2 Emergency Services. Fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.
(3)
E3 Terminal. Railway station or bus station providing transportation services to the general public.
(4)
E4 Wireless Communications Facilities.
(a) ANTENNA TOWER WIRELESS COMMUNICATIONS FACILITY
As used in this subsection, the following terms shall have the meanings indicated:
A device used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes, and single pole known as whips.
A structure that is intended to support equipment used to transmit and/or receive telecommunications signals; examples of such structures include monopoles and lattice construction steel structures.
Equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(b)
General standards.
[1]
The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.
[2]
An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.
[3]
The following buffer plantings shall be located around the perimeter of the security fence:
[4]
The tower shall be designed and constructed to all applicable standards of the American Standards Institute, ANSI/EIA-222-E manual, as amended.
[5]
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires if used.
[6]
Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.
[7]
An antenna may not be located on a building or structure that is listed on a historic register or is in a historic district.
[8]
Owners of existing towers shall accept the facilities of additional users at fair-market lease value, unless the owner of the tower presents to the Township substantial evidence that the multiple use of the tower is technologically infeasible.
[9]
When a tower is no longer in use as a wireless communication facility, the owner shall promptly remove the tower. Prior to receipt of a building permit for the construction of a tower, the applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower. Said financial security shall remain in place until the tower is removed.
(c)
Site requirements. A wireless communication facility may be located in a zoning district as permitted in§ 205-15 (Table of Use Regulations) subject to the following conditions:
[2]
Combined with a nonresidential use. An antenna may be attached to a nonresidential building or a structure that is permitted in the district. The following conditions shall be met:
[a]
Maximum height: 50 feet above the existing building or structure.
[b]
If the applicant proposes to locate the wireless communication equipment in a separate building, the building shall comply with the following:
[i]
The building shall comply with the minimum setback requirements for the subject zoning district.
[ii]
An eight-foot-high security fence shall surround the building.
[iii]
A buffer yard shall be planted in accordance with § 205-16E(4)(b)[3].
[iv]
Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
[3]
Located on a nonresidential property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use in the district subject to the following conditions:
[4]
Located on a residential building. An antenna for a wireless communications facility may be attached to an apartment building subject to the following conditions:
[a]
Maximum height: 20 feet above the existing building.
[b]
If the applicant proposes to locate the wireless communication equipment in a separate building, the building shall comply with the following:
[i]
The building shall comply with the minimum setback requirements for the subject zoning district.
[ii]
An eight-foot-high security fence shall surround the building.
[iii]
A buffer yard shall be planted in accordance with § 205-16E(4)(b)[3].
[iv]
A vehicular access to the building shall, if at all feasible, use the existing circulation system.
[5]
Located on a residential property. A tower to support an antenna may be constructed on a property with a residential use that is a permitted use in the district subject to the following conditions:
[a]
The tower shall be set back from any property line abutting a residential lot a distance that is at least equal to 1.5 times the height of the tower.
[c]
Vehicular access to the tower and equipment building shall, whenever possible, be provided along the circulation driveways of the existing use.
[6]
Located in open space. A wireless communications facility is permitted on land that has been established as permanent open space or a park subject to the following conditions:
F.
Industrial uses.
(2)
F2 Research and Development. Research, testing or experimental laboratory.
(3)
F3 Wholesale Business, Wholesale Storage, Warehousing. Wholesale business, wholesale storage or warehousing, excluding retail sales.
(4)
F4 Mini-Warehouse. A structure containing separate storage spaces which are leased to the general public for the purpose of storing items generally stored in residential structures.
(a)
The maximum height of storage units shall be 12 feet.
(b)
The minimum building spacing shall be 24 feet.
(c)
No structure shall exceed 6,000 square feet in size.
(d)
Outdoor storage of automobiles, boats and recreational vehicles shall be permitted based on the following ratio: one square foot of outdoor storage area for every two square feet of indoor storage area. The outdoor storage area shall not be located in the required yards and shall not interfere with traffic movement through the complex. Outdoor storage areas shall be properly screened so as not to be visible from any adjacent streets or property.
(e)
Such use shall be surrounded by a fence at least six feet in height.
(f)
One office and one dwelling unit shall be permitted as accessory uses.
(g)
No business activity other than leasing of storage units shall be permitted.
(h)
Storage of explosive, toxic, radioactive or highly flammable materials shall be prohibited.
(5)
F5 Printing. Printing, publishing, binding.
(6)
F6 Contracting. Contractor offices and shops such as building, cement, electrical, heating, painting, masonry, and roofing, plumbing, carpentry, upholstery, cabinetmaking, furniture-making and similar crafts.
(7)
F7 Truck Terminal. The use of land and/or structures for the storage of trucks and for the transfer of freight from one truck to another.
(8)
F8 Storage. Principle use of the site is for outside storage of items such as automobiles, boats and tractor trailers.
(a)
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the front yard shall be occupied by outside storage.
(b)
Outside storage and display areas shall be shielded from view from all public streets and adjacent lots.
(9)
F9 Fuel Storage and Distribution. Fuel storage and distribution tanks and related buildings.
(10)
F10 Junkyard. An area of land, with or without buildings, used for the storage of used or discarded materials, including but not limited to waste paper, glass, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall only be stored in a licensed junkyard.
(a)
The maximum lot area shall be 10 acres.
(b)
Such use shall be a minimum of 100 feet from any street line or property line.
(c)
The land area used for junkyard purposes shall not be exposed to public view from any public street or residence.
(d)
A junkyard shall be entirely enclosed by a solid fence or wall, at least eight feet but no more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such gates shall be locked at all times when the junkyard is not in operation. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.
(e)
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. The buffer yard shall be 100 feet in width. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.
(f)
The contents of a junkyard shall not be placed or deposited to a height greater than eight feet.
(g)
All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
(h)
The storage of toxic chemicals or nuclear wastes shall be prohibited.
(i)
Dumping of trash or landfill operations and burning of any materials shall be prohibited.
(j)
No material shall be placed in a junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes.
(k)
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.
(l)
No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles, at least 15 feet, for escape and fire fighting, and by other necessary measures.
(m)
All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain runoff from a 100-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the Department of Environmental Protections' Rules and Regulations.
(n)
A building permit shall be obtained on an annual basis with application made by January 15 of each year. The permit shall be issued only after an inspection by the Zoning Officer to certify that this use meets all provisions of this and other ordinances.
(11)
F11 Sale of Fireworks. Facilities engaged in the sale of fireworks and related apparatus. Such uses shall meet the general standards and the specific standards related to the use as set forth below.
(a)
The facility shall be licensed by the Department of Agriculture in accordance with the licensing requirements as set forth by the Commonwealth of Pennsylvania.
(b)
The facility shall be in a standalone building and shall be no larger than 12,000 square feet, from which no other uses shall be permitted.
(c)
Storage areas shall be separated by appropriately rated fire separation from wholesale or retail sale areas to which a purchaser may be admitted.
(d)
The facility shall be located no closer than 250 feet from any facility selling or dispensing gasoline, propane or other such flammable products.
(e)
The facility shall be located no closer than 250 feet from any facility licensed to sell consumer fireworks.
(f)
The facility shall have a monitored burglar and fire alarm system.
(g)
The hours of operation shall be no earlier than 9:00 a.m. and no later than l0:00 p.m. prevailing time.
(h)
The facility shall be served by public water and sewer.
(i)
The proposed facility shall otherwise comply in all respects with the requirements and standards more fully set forth in the Fireworks Law,[3] the Pennsylvania Construction Code Act[4] and the Pennsylvania Uniform Construction Code Act as enacted by the General Assembly of the Commonwealth of Pennsylvania.
(12)
F12 Fuel ethanol manufacturing: facilities engaged in the production/manufacturing of ethanol. Such use shall meet the general standards and the specific standards related to the use as set forth below.
(a)
Ethanol production facilities shall only be permitted to utilize the dry mill process.
(b)
Ethanol production facilities shall be required to install thermal oxidizers or other similar technology to remove the volatile organic compounds (VOCs) to reduce odors.
(c)
The applicant is required to provide a study on the potential impacts of any proposed ethanol production facility on groundwater sources.
(d)
When a facility is not proposed to be connected to a connected public sanitary system, sufficient information shall be provided in the application to prove that an adequate drainage outlet is available for all anticipated discharges to surface waters.
(e)
The applicant is required to provide the following:
[1]
An emergency action plan which meets OSHA standards with written approval from the responding service providers.
[2]
A certificate of compliance or letter of approval as a result of the application under the Clean Air Act.
[3]
An air permit issued by any applicable licensing agency of the federal and state governments.
(f)
The applicant shall provide a letter from a professional engineer indicating that based on the proposed design the factory is not expected to violate the Bristol Township Noise Ordinance.[5] Postconstruction, the applicant shall place on file a letter from a professional engineer indicating that while operating, the plant does not violate the Bristol Township Noise Ordinance.
(13)
F13 Medical marijuana grower/processor subject to the specific criteria listed below:
(a)
A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any Township approval shall immediately become void. A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana. Proof of a permit issued by the Department of Health, and all renewals thereof, must be provided to the Township.
(b)
A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
(c)
A medical marijuana grower/processor must be located on a lot which adheres to the minimum lot area of the district in which such use is proposed.
(d)
A medical marijuana grower/processor may not be located on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the property line of a parcel containing a public, private or parochial school or a day-care center.
(e)
A medical marijuana grower/processor may only grow, store, harvest or process medical marijuana in an indoor, enclosed and secure facility.
(f)
A medical marijuana grower/processor shall submit proof to the Township of a disposal plan approved by the Department of Health.
(g)
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor facility is located.
(h)
No one under the age of 18 shall be permitted in a medical marijuana grower/processor facility, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.
(i)
No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(j)
A medical marijuana grower/processor shall submit a security plan to the Township, which plan shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 701 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
G.
Accessory uses.
(1)
G1 Accessory Home Occupation. A customary home occupation for gain. An accessory home occupation is an accessory use that shall be clearly subordinate to the existing residential use of the property. Such uses shall meet the general standards and the specific standards related to the use as set forth below.
(a)
General standards. The following shall apply to all home occupations:
[1]
A home occupation must be conducted within a residential dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. The home occupation shall be carried on wholly indoors.
[2]
The maximum amount of floor area devoted to this home occupation shall not be more than 25% of the ground floor area of the principal residential structure (excluding the ground area covered by an attached garage or such other similar building).
[3]
In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows, signs or advertising visible outside the premises to attract customers or clients, other than a sign as permitted in Article XXIX.
[4]
All commercial vehicles shall be parked on-lot in a garage or an enclosed structure.
[5]
Off-street parking spaces are not permitted in the front yards. A ten-foot wide driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences by evergreen hedge material placed on three-foot centers. Alternately, a four-foot to five-foot fence may be erected which provides a visual screen.
[6]
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
[7]
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.
[8]
Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted.
[9]
All accessory home occupations shall be located on an improved public street.
[10]
Home occupations shall not include the following: animal hospitals, commercial stables and kennels, funeral parlors or undertaking establishments, tourist homes, restaurants, furniture stripping, and rooming, boarding, or lodging houses.
[11]
A building permit shall be required for all accessory home occupations.
(b)
Specific use standards. The following shall apply to specific types of accessory home occupations.
[1]
Use Gla Professional Offices.
[a]
A professional office is a service-oriented business use conducted within an enclosed area specifically designed for the functional needs of the use, wherein the professional services of the practitioner is the saleable commodity offered to the client. Professional offices include, but are not limited to, the following: office facility of a salesman, sales representative or a manufacturer's representative. Office facility of an architect, engineer, broker, dentist, physician, psychiatrist, chiropractor, physical therapist, massage therapist (with certification from the National Certification Board for Therapeutic Massage and Bodywork or other recognized national certification board approved by Council), insurance agent, land surveyor, lawyer, musician, real estate agent, or accountant. Office facility of a minister, rabbi or priest, provided that the office is open to the public or congregation.
[b]
No more than two persons, other than resident members of the immediate family, may be employed or subcontracted at the residence.
[2]
Use G1b Personal Services. A service business including, but not limited to, barbers, beauticians or photographers.
[3]
Use G1c Instructional Services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study.
[4]
Use G1d Home Crafts.
[a]
Home crafts are business activities whereby the commodity for sale is completely manufactured and may be sold on the site by the resident craftsman.
[b]
Home crafts may include, but are not limited to, the following: artists, sculptors, dressmakers, seamstresses and tailors; and include such activities as model making, rug weaving, lapidary work and furniture-making.
[c]
No more than one person other than resident members of the immediate family may be employed.
[5]
Use G1e Family Day Care. A family day-care use is a facility in which care is provided for four to six children or up to four disabled and/or elderly persons at any one time, who are not relatives of the caregiver, where the child- or adult-care areas are being used as a family residence.
[a]
Prior to the final approval of the use by the Zoning Hearing Board and the issuing of a permit by the Zoning Officer, the applicant must obtain a registration certificate from the Department of Public Welfare and/or the Department of Aging.
[b]
This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
[c]
A minimum outdoor play area of 200 square feet of contiguous area shall be provided for each child as a recreational area for the children. An outdoor recreation area of 100 square feet of contiguous area shall be provided for each disabled and/or elderly person. This area shall not include any impervious surface or parking areas.
[d]
If a family day-care use is located adjacent to a nonresidential use, a parking lot or on a street with a classification higher than a secondary street, the outdoor play or recreation area must be enclosed by a four-foot-high fence which is deemed appropriate by the municipality. The outdoor play or recreation area should be located to the side or rear of the property.
[e]
No more than two persons other than resident members of the immediate family may be employed.
[6]
Use G1f Group Child Day-Care Center. A group child day-care center is a facility in which care is provided for more than six but no more than 11 children at any one time, who are not relatives of the caregiver, where the child-care areas are being used as a family residence. The following criteria shall be met:
[a]
All applicable standards noted in § 205-16G(l)(b)[5] for family day-care uses shall be met.
[b]
The regulations of the Pennsylvania Department of Welfare shall be met.
[c]
Prior to the final approval of the use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services manual by this Department to the Applicant subject to licensure under Article X of the Public Welfare Code.
[7]
Use Glg Adult Day-Care Center. A facility in which day care is provided for six or more elderly and/or disabled adults at any one time, who are not relatives of the caregiver, where the adult-care areas are being used as a family residence.
[a]
Prior to the final approval of the use by the Zoning Hearing Board and the issuing of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare and/or the Department of Aging.
[b]
This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
[c]
An outdoor recreation area of 100 square feet of contiguous area shall be provided for each disabled and/or elderly person. This area shall not include any impervious surface or parking areas.
[d]
If an adult day-care use is located adjacent to a nonresidential use, a parking lot or on a street with a classification higher than a secondary street, the outdoor recreation area must be enclosed by a four-foot-high fence which is deemed appropriate by the municipality. The outdoor recreation area should be located to the side or rear of the property.
[8]
Use Glh Trades. The use of a residence as a base of operation for the business. Trades for this home occupation include but are not limited to electrician, plumber, carpenter, mason, painter, roofer, and similar occupations.
[9]
Use G1i No-Impact Home-Based Businesses. The use of a residence as a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
[a]
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
[b]
The business shall employ no employees other than family members residing in the dwelling.
[c]
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
[d]
There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
[e]
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electronic interference, including interference with radio or television reception.
[f]
The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.
[g]
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
[h]
The business may not involve any illegal activity.
(2)
G2 Residential Accessory Building, Structure or Use. Residential accessory building, structure or use including but not limited to:
(a)
Garages or parking spaces for the parking of passenger automobiles including noncommercial trucks and vans with loading capacities not exceeding one ton.
(b)
Garages, enclosed structures or parking for commercial vehicles.
[1]
No more than one commercial vehicle and pull-along trailer shall be parked outside of a garage or an enclosed structure. The commercial vehicle shall weight no more than 7,000 pounds.
[2]
Any nonlicensed, noninspected, commercial vehicle shall meet the provisions of § 205-16G(2)(e) of this chapter.
(c)
Structures such as fences, walls or signs.
(d)
Buildings such as storage sheds, bathhouses and private greenhouses. These structures may be located in the required side and/or rear yard but not less than three feet from any property line. These structures do not require building permits; provided, that they meet all of the following criteria:
(e)
(Reserved)
(f)
Swimming pool: A structure designed to contain a water depth of 24 inches or more and intended for swimming or recreational purposes. A swimming pool shall be permitted as an accessory use to a residential use, provided:
[1]
A building permit shall be required to locate, construct or maintain a swimming pool.
[2]
A swimming pool shall be located no closer than six feet from a side or rear yard property line. For purpose of measurement, the location of the pool shall be measured to the waterline. A swimming pool shall not be located in a front yard unless it is located no closer than the front yard setback requirement or 25 feet from the street line, whichever is less.
[3]
The pool may be lighted by underwater or exterior lights, or both, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.
[4]
An outdoor swimming pool, including an in-ground, aboveground/on-ground pool, and hot tub/spa shall be provided with a fence or barrier that completely surrounds the swimming pool. The fence or wall shall comply with the applicable regulations in the municipality’s adopted BOCA National Building Code. If the adopted BOCA National Building Code does not contain regulations for fences or barriers around swimming pools or, if a municipality has not adopted a BOCA National Building Code, the fence or barrier shall comply with applicable regulations contained in the most recent BOCA National Building Code.[6]
[5]
There shall be no cross connection with a public sewerage system.
[6]
The permanent inlet shall be above the overflow level of the pool.
(g)
Garage or yard sales: The temporary display and sale of goods and craft items on a residentially used property.
[1]
Such temporary uses shall be limited to occurrences of not more than three days. Such occurrences shall be limited to not more than four occurrences in a calendar year. There shall be at least a thirty-day period between such occurrences.
(h)
Accessory buildings and structures such as storage sheds, bathhouses and private greenhouses shall not exceed 12 feet in height and garages shall not exceed 16 feet in height.
(3)
G3 Accessory Apartment. A separate dwelling unit subordinate in size to the principal single-family detached dwelling unit. The accessory apartment may be contained in the principal residence or in an accessory building.
(a)
Not more than 30% of the total floor area of the principal residence shall be occupied by the accessory apartment. If the apartment is located in an accessory building, the maximum floor area of the apartment shall be 650 square feet.
(b)
Not more than one accessory apartment shall be permitted per lot.
(c)
The lot must conform to the minimum lot area requirement for Use A1 Single-Family Detached Dwelling in the applicable zoning district.
(d)
The single-family detached dwelling or the accessory building in which the apartment is located shall meet the minimum yard requirements for Use A1 Single-Family Detached Dwelling in the applicable zoning district.
(e)
The principal residence must maintain the appearance of a detached dwelling with a single front entrance. The dwelling units may share the single front entrance or additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front wall or on a side wall facing a street.
(f)
Separate cooking, sleeping, living and bathroom facilities shall be provided for each dwelling unit.
(g)
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
(h)
For units served by public sewer, certification should be provided from the servicing authority that adequate service is available for the additional dwelling unit. All septic systems must be approved by the Bucks County Department of Health as suitable for the additional dwelling unit.
(4)
G4 School Bus Shelter. A structure for the use of students waiting for a bus.
(a)
Maximum floor area: 65 square feet.
(b)
Such structures shall be located at least five feet from any street line and 15 feet from any other lot line. In addition, such structures shall meet the requirements of § 205-128 of this chapter regarding traffic visibility across corners.
(c)
Two parallel signs, no more than six square feet each, may be erected. These signs may advertise goods, services, businesses, or organizations not located on the property.
(5)
G5 Dormitory. An accessory building for the residency of students, religious orders, teachers or others engaged in the primary activity of the institution where individuals need to live on the site. The density in such areas shall be based on persons per acre since dormitories are not family dwellings.
(6)
G6 Nonresidential Accessory Building or Structure. Accessory buildings or structures, or uses customarily incidental to nonresidential uses except outside storage or display. If a use is permitted by special exception or conditional use, the accessory use shall only be permitted as a special exception or conditional use.
(7)
G7 Outside Storage and Display. Outside storage or display, other than storage as a principal use of the land, necessary but incidental to the normal operation of a principal use.
(a)
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the front yard shall be occupied by outside storage or display.
(b)
Outside storage and display areas shall occupy an area of less than 0.5 the existing building coverage.
(c)
Outside storage areas shall be shielded from view from all public streets and adjacent lots.
(d)
Outside display shall be shielded from any adjacent residential uses.
(e)
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection G(7)(b) above when granted as a special exception by the Zoning Hearing Board.
[1]
No more than 25% of the lot area shall be used in outdoor storage or display.
[2]
Outside storage and display areas shall not encroach upon the front yard or any buffer yard.
[3]
In particular, uses appropriate under this provision include, but are not limited to D25 Nursery, D17 Automotive Sales-New, D17a Automotive Sales-Used, E3 Terminal and F7 Truck Terminal.
[4]
Among the uses that shall not be appropriate for inclusion under this provision are D1 Retail Shop, D2 Large Retail Store, D6 Repair Shop, D15 Service Station, D18 Automotive Repair, F3 Wholesale Business, Wholesale Storage and Warehousing, and F6 Contracting.
(8)
G8 Temporary Structure or Use. Temporary structure, building or use. A temporary permit shall be required for structures or uses necessary during construction or other special circumstances of a nonrecurring nature.
(a)
The time period of the initial permit shall not exceed six months. This permit may be renewed for three-month time periods, not to exceed a total of 21 months from the initial permit. Extensions must be approved by the Zoning Hearing Board.
(b)
Temporary nonconforming structures or uses shall only be permitted by special exception.
(d)
Such structure or use shall be removed completely upon expiration of the permit without cost to the municipality.
(9)
G9 Temporary Community Event. A temporary activity including, but not limited to, flea markets, public exhibitions, auctions, carnivals, circuses, picnics, air shows and suppers for fund-raising, and similar organizational events and meetings.
(a)
Such temporary uses shall be limited to occurrences of not more than seven days per occurrence. Such occurrences shall be limited to not more than four occurrences in a calendar year for each organization or property.
(b)
Signs advertising a temporary community event shall be permitted in accordance with Article XXIX.
(c)
Such uses may be permitted as conditional uses. The applicant shall provide the governing body with plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control, and cleanup after the event.
(10)
G10 Heliport. A private, noncommercial heliport.
(a)
Approval of the Pennsylvania Department of Transportation, Bureau of Aviation, and any other applicable licensing agencies of the federal and state governments shall be secured.
(b)
No heliport shall be established if its flight pattern will overlap with the flight pattern of any existing heliport.
(c)
There shall be no rental or hangar space or commercial activities, including storage facilities or instruction in conjunction with this use.
(d)
The heliport shall not be located within the minimum yard setbacks for the applicable district.
(e)
The proposed heliport shall not adversely affect adjoining land uses, the safety of nearby residents or employees or the future growth and development of the area in which it is located.
(11)
Gll Aerials, Masts, Radio and Television Towers.
(12)
G12 Bed-and-Breakfast. The use of a detached dwelling for the accommodation of over night guests for a fee.
(a)
Such use shall be accessory to a single-family detached dwelling only.
(b)
There shall be no use of show windows for display or advertising visible outside the premises to attract guests, other than a single, nonilluminated sign which may not exceed four square feet.
(c)
Nonresident employees shall be limited to two in addition to the resident members of the family.
(d)
No external alterations, additions, or changes to the exterior structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency. Fire escapes or external stairways shall be located either to the rear or to the side of the residence.
(e)
There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only. There shall be no restaurant facilities on the premises open to the public.
(f)
The maximum, uninterrupted length of stay at a bed-and-breakfast facility shall be 14 days.
(g)
The use of any outdoor amenities provided on the premises, such as a swimming pool or tennis court, shall be restricted to the resident family and its guests and to the guests of the establishment. If the outdoor amenities are within 100 feet of a property line, an evergreen hedge or row of evergreen trees shall be planted along the property line, which will block the view of the recreation facilities from the adjacent property.
(h)
A building permit shall not be granted unless the applicant has obtained a valid Bucks County Department of Health permit for this intended use. If the proposed use is to be served by a public sewage system, the applicant shall submit documentation from the servicing authority that adequate service is available for the proposed use.
(13)
G13 Marina. An accessory facility for the mooring and storage of recreational boats within quick and convenient access of an open body of water. Such use may include the sale of fuel and supplies and provide for emergency servicing and land (out-of-water) storage for recreational boats. An accessory marina shall meet the requirements of Use D21 in Subsections G(22)(b) through (m).