Butler Township City Zoning Code
ARTICLE VI
Generally Applicable Provisions
§ 300-24 Intent.
Provisions of this article are of general application to all zoning districts described in Article V. It is the intent of this article to set down provisions for off-street parking and loading areas, to regulate the type, location and number of signs, to prevent congestion, to promote and protect property values and to provide for the health, safety and welfare of the citizenry by establishing performance standards and design requirements for land development.
§ 300-25 Parking requirements.
A.
Design of parking areas.
(1)
Each off-street parking space provided to meet the minimum requirements of this chapter shall have minimum dimensions of nine feet by 18 feet, shall be of usable shape and condition and shall be located closest to the entrance of the premises that it is intended to serve.
[Amended 12-17-2012 by Ord. No. 869]
(2)
Each required parking space shall open upon a driveway which shall be designed according to the following standards:
Parking Space Angle | Driveway Width (feet) | |
|---|---|---|
30° | 12 | |
45° | 12 | |
60° | 18 | |
90° | 24 |
(3)
All driveways serving angled parking spaces shall be designated for one-way traffic movement.
(4)
Islands shall be provided on all open parking areas in excess of 10,000 square feet. All parking areas shall be curbed in accordance with the specifications of Chapter 252, Subdivision and Land Development. Wheel stops shall be provided if curbs are not installed where parking areas adjoin public rights-of-way, lot lines or landscaped areas.
(5)
Dead-end driveways shall be designed according to the following minimum standards:
Dimension Requirement | Feet | |
|---|---|---|
Turnaround radii | 13 | |
Depth of turnaround area | 13 | |
Width of turnaround area | 15 |
(6)
Handicapped parking spaces shall be provided in accordance with standards and requirements of the Commonwealth of Pennsylvania and the American National Standards Institute (ANSI).
(7)
All parking spaces accessory to all uses, except single-family dwellings and two-family dwellings, shall be located at least five feet from all front, side and rear property lines.
(8)
A landscaped strip shall be provided between the street right-of-way and parking areas containing 20 or more spaces that are located in the front yard. Landscaping shall consist of grass, ground cover, shrubs or other natural materials that are no more than three feet in height. All such landscaping shall comply with the clear sight triangle requirements of § 300-22C(8).
B.
Location. All parking spaces shall be located on the site of the principal use which they are intended to serve, unless off-site parking is authorized as a use by special exception in accordance with § 300-25C, below.
C.
Authorization for off-site parking may be granted by the Zoning Hearing Board as a use by special exception in accordance with the following criteria:
(1)
Off-site parking which shares the frontage of one or more public street rights-of-way with the contiguous lot boundary lines on which the principal use is located shall be authorized as required parking.
[Amended 12-21-2009 by Ord. No. 845]
(2)
All parking spaces in the off-site parking area shall be set back a minimum of 10 feet from the property line, and the ten-foot setback area shall be landscaped with ground cover and plant materials that do not obstruct visibility for traffic entering or leaving the site.
D.
Access. Each parking space shall have direct access to a driveway. Parking areas shall be designed with sufficient areas to turn around so that vehicles are not required to back onto the cartway of any public street. Access to off-street parking areas shall be limited to well-defined locations, and, in no case, shall there be unrestricted access along the entire street frontage. In the C-1, C-2 or M-1 District, the street frontage shall be curbed to restrict access to the lot, except where access drives are proposed.
E.
Expansion, enlargement or change of use. Whenever any building, other than a single-family or two-family dwelling, is expanded or enlarged in gross floor area or the use of the building is changed to a use that has different parking requirements, off-street parking shall be provided for said expansion or enlargement in accordance with the requirements of the Table of Minimum Standards specified in Subsection H below.
F.
Surfacing. All open off-street parking areas, except those accessory to single-family and two-family dwellings, shall be improved with a minimum six-inch base, with asphalt, tar and chips, concrete or other similar dustless surface material of adequate thickness to support the weight of fully loaded vehicles which customarily park or travel on it.
G.
Mixed occupancies. In the case of land developments containing mixed uses which have differing parking requirements, the total requirements for the various uses shall be computed separately. Off-street parking facilities for one use shall not be considered to meet the minimum requirements for another use.
H.
Table of Minimum Standards. Required off-street parking spaces shall be in conformance with the following table, and where alternative standards prevail, the stricter standards shall be applied to resolve conflicting computations. When the calculation of required parking spaces results in a requirement of a fractional parking space, any fraction shall be counted as one parking space.
Table of Minimum Standards | ||
|---|---|---|
Use | Number of Spaces Required | |
Residential | 2 per dwelling unit | |
Mobile home park | 2 for each dwelling | |
Home occupation, including day-care home | 2 in addition to the spaces required for the dwelling | |
Day-care center | 1 for each staff member, plus 4 for each 500 square feet of floor area | |
Boardinghouses and lodging homes and similar uses | 1 per dwelling unit, plus 1 per each boarding or lodging room | |
Group homes, group care facilities and transitional dwellings | 2 per dwelling unit, plus 1 for each staff on peak shift | |
Nursing homes and personal care boarding homes | 1 per every 3 beds or residents, plus 1 per each staff on peak shift | |
Retirement communities, independent-living and assisted-living facilities | 1 per dwelling unit, plus 1 for each staff on peak shift | |
Churches, auditoriums and similar enclosed places of assembly | 1 per 40 square feet of gross floor area | |
Hospitals | 1 per 3 beds, plus 1 for each employee and staff on peak shift, plus 1 for each 75 square feet of floor area devoted to outpatient services | |
Theaters | 1 per 3 seats | |
Stadiums, sports arenas and similar open assemblies | 1 per 4 seats or 1 per 100 square feet of assembly spaces without fixed seats | |
Motels and hotels, bed-and-breakfasts bed-and-breakfast inns | 1 per sleeping room, plus 1 for each 80 square feet of floor area accessible to the public, including corridors, lobbies, restaurants, shops, meeting rooms and the like | |
Golf courses, country clubs | 8 for each hole, plus 1 for each employee, plus the parking required for any other use, such as restaurant or swimming pool | |
Bowling alleys | 5 per alley, plus parking required for any other use, such as restaurant | |
Swimming pools, public, semipublic or commercial | 1 for each 50 square feet of surface water area | |
Medical and dental offices | 1 for each doctor, 1 for each employee and 2 for each chair, examining or treatment room or other patient service area | |
Banks, business and professional offices with on-site customer service | 1 per 300 square feet of gross floor area | |
Offices not providing on-site customer services | 1 per each employee or 1 per 400 square feet of gross floor area, whichever is greater | |
Funeral homes and mortuaries | 25 for the first parlor, plus 5 for the 2nd through 4th parlors, plus 10 for the 5th or more parlors | |
Restaurant, bar or tavern | 1 for each 50 square feet of gross floor area and outside seating area, plus 1 for each employee on peak shift, plus 1 for each 7 square feet of floor area devoted to liquor service at a bar rather than tables | |
Roadside stands | 5 per 100 square feet of gross floor area of stand | |
Furniture, appliances, hardware, plumbing, heating, ventilating and building supplies sales and service | 1 per 600 square feet of gross floor area | |
New and used vehicle and machinery sales and service, mobile home sales | 1 per 1,000 square feet of gross floor area, plus 1 per employee on peak shift, with minimum of 4 spaces | |
All other retail sales establishments | 1 per 200 square feet of gross floor area | |
Manufacturing uses and research testing, processing and assembling, all industries | 1.5 per employee on peak working shift | |
Warehouse, storage and wholesale business and freight terminals | 1.5 per employee on peak working shift | |
Libraries and museums | 1 per 300 square feet of gross floor area | |
Elementary and junior high schools, public, private or parochial | 1.5 per employee on peak shift | |
High schools, public, private or parochial | 1 per 1.3 students, plus 1 per each employee on peak shift | |
Colleges, community colleges and other postsecondary education | 1 for every 1.3 students, plus 1 for each employee on peak shift | |
Recreational vehicle park | 1 for each employee, plus 1 for each 200 square feet of floor area devoted to supporting retail or indoor amusement uses | |
Religious site | 1 for each 40 square feet of gross floor area devoted to assembly, plus 1 for each sleeping unit in a cabin or dormitory | |
Cemeteries | 1 for each employee, plus 1 for each 75 square feet in a chapel or mausoleum, unless the chapel or mausoleum is located within 300 feet of a driveway that is part of the interior circulation system in the cemetery | |
Municipal buildings | 1 for each 300 square feet of office space, plus 1 for each 40 square feet of area devoted to conference rooms or public meeting rooms | |
Essential communications towers and commercial communications towers | 1 for maintenance personnel | |
Police and fire stations, emergency medical services | 1 for each vehicle housed, plus 1 for each employee on peak shift, plus 1 for each 300 square feet of office area accessible to the public | |
Public utility installations, essential and other | 1 for each employee on peak shift, plus 1 for each 300 square feet of floor area devoted to office or meeting rooms available to the public, plus 1 for each vehicle stored on the site | |
Animal hospital | 1 for each doctor and staff person, plus 3 for each examining or treatment room | |
Kennels | 1 for each 5 kennel units | |
Riding academies, boarding stables | 1 for each employee, plus 1 for each 2 stalls, plus 1 for each 3 seats in an arena if the public attends events | |
Drive-in theaters | 1 for each employee | |
Miniature golf | 1 for each employee, plus 1 for each 3 holes | |
Golf or batting practice facilities | 2 for each tee, cage or other practice position, plus 1 for each employee | |
Ice or roller rinks | 1 for each employee on peak shift, plus 1 for each 50 square feet of skating surface, plus 1 for each 3 fixed seats for spectators | |
Amusement park | 1 for each 200 square feet of floor area within an enclosed building, plus 1 for each 3 persons authorized to ride each ride at maximum occupancy, plus 1 for each employee on peak shift | |
Health or racquet club | 3 for each playing court, plus 1 for each 200 square feet of exercise area, plus 1 for each employee on peak shift | |
Gun or archery range | 1 for each employee on peak shift, plus 2 for each target position | |
Clubs or lodges | 1 for each 40 square feet of floor area devoted to meeting rooms and dining rooms, whichever is less | |
Airport/aircraft charter | 1 for each employee, plus 1 for each hangar, plus 1 for each 100 square feet of floor area devoted to supporting services, such as restaurants, retail sales, classrooms and the like | |
Private use helipad | 3 | |
Bus passenger station | 1 for each employee, plus 1 for each 100 square feet of waiting area | |
Personal service establishments | 1 for each employee on peak shift, plus 1 for each 100 square feet of gross floor area accessible to the public | |
Gasoline service station, convenience store | 1 for each employee on peak shift, plus 2 for each service bay, plus 1 for each 200 square feet of convenience store | |
Repair facility | 1 for each employee, plus 1 for each vehicle owned by the business, plus 5 for each service bay | |
Adult services | 1 for each employee, plus 1 for each viewing station and 1 for each 40 square feet of floor area devoted to theater or nightclub seating, plus 1 for each 7 square feet of floor area devoted to bar service, plus 1 for each sleeping room for motels, plus 1 for each 100 square feet of gross floor area for all other uses | |
Auto wrecking yard or junkyard | 1 for each employee, plus 1 for each 1,000 square feet of vehicle storage area | |
Mini warehouses and self-storage facilities | 1 for the office or manager's quarters, if any, plus 2 located outside the fenced area reserved for prospective clients | |
Recycling operations | 1 for each employee on peak shift, plus 5 for visitors | |
All other uses not listed | 1 for each 3 occupants at maximum permitted occupancy or 1 for each 300 square feet of gross floor area of building or lot area devoted to the use, whichever is greater | |
I.
Reduction in minimum required spaces. The Zoning Hearing Board may reduce the minimum number of parking spaces required by § 300-25H as a use by special exception, provided the following criteria are met:
(1)
The applicant can demonstrate by presenting data from existing conditions at similar locations or by special studies that the minimum number of parking spaces required by § 300-25H is not needed to adequately accommodate the residents, employees, customers and/or visitors to the site.
(2)
The Zoning Hearing Board may request a traffic study, as required by Chapter 252, Subdivision and Land Development, be prepared and submitted at the applicant's expense.
(3)
As a condition of reducing the minimum number of parking spaces for a particular use, the applicant may be required to reserve an area on the site for future parking in the event that the use of the site is changed to an authorized use that demands greater parking.
J.
Plans. The plan of the proposed parking area shall be submitted to the Zoning Officer or his authorized representative at the time of the application for approval of the land development plan for the building for which the parking area is required. Said plan shall clearly indicate the proposed development, including location, size, shape, design, curb cut, lighting, landscaping, construction details and other features and appurtenances required. All traffic control devices, such as parking stripes designating car stalls, handicapped ramps, directional arrows or signs, wheel stops, bullrails, curbs, islands, planting strips and other features shall be installed and completed as shown on the approved plan.
§ 300-26 Loading area requirements.
A.
Each off-street loading space shall measure not less than 30 feet by 12 feet and shall have an unobstructed height of 14 feet six inches and shall be made permanently available for loading purposes and shall be hard-surfaced, improved and maintained. Required loading spaces shall be in conformance with the following table.
B.
Table of Minimum Standards.
(1)
Freight terminals, hospitals, nursing homes, industrial or manufacturing establishments, retail or wholesale stores or storage warehouses or similar uses which propose a gross floor area of 10,000 square feet or more shall provide truck loading or unloading berths as follows:
Aggregate Gross Floor Area (square feet) | Required Number of Berths | |
|---|---|---|
Under 10,000 | 0 | |
10,000 to 60,000 | 1 | |
60,001 to 100,000 | 2 | |
For each additional 60,000 | 1 additional |
(2)
Auditoriums, convention or exhibit halls, sports arenas, hotels, office buildings, restaurants or similar uses which propose a gross floor area of 40,000 square feet or more shall provide truck loading or unloading berths as follows:
Aggregate Gross Floor Area (square feet) | Required Number of Berths | |
|---|---|---|
Less than 40,000 | 0 | |
40,001 to 99,999 | 1 | |
100,000 to 160,000 | 2 | |
160,001 to 200,000 | 3 | |
For each additional 60,000 | 1 additional |
§ 300-27 Signs.
In all zoning districts, signs may be erected and maintained only when in compliance with the provisions of this section.
A. ADDRESS SIGN ADVERTISING VEHICLE ANIMATED SIGN BANNER BENCH SIGN or TRANSIT SHELTER SIGN BILLBOARD BULLETIN SIGN BUSINESS SIGN CHANGEABLE COPY SIGN, ELECTRONIC CHANGEABLE COPY SIGN, MANUAL CONSTRUCTION SIGN DEVELOPMENT SIGN DIRECTORY SIGN FACADE FACE OF SIGN FESTOONS FLAGS FLASHING SIGN FREESTANDING SIGN(1) (2) FRONTAGE FRONTAGE, BUILDING GOVERNMENTAL SIGN HEIGHT OF SIGN HOME OCCUPATION IDENTIFICATION SIGN IDENTIFICATION SIGN ILLUMINATED SIGN, INDIRECTLY ILLUMINATED SIGN, INTERNALLY INACTIVE SIGN INCIDENTAL SIGN MAINTENANCE MEMORIAL/HISTORICAL PLAQUES NAMEPLATE SIGN NONCONFORMING SIGN OFFICIAL TRAFFIC SIGN OFF-PREMISES DIRECTIONAL SIGN, BUSINESS OFF-PREMISES DIRECTIONAL SIGN, GOVERNMENTAL ON-PREMISES DIRECTIONAL SIGN PAINTED WALL SIGN PARKING AREA IDENTIFICATION SIGN POINT OF PURCHASE DISPLAY POLITICAL SIGN PORTABLE SIGN PROJECTING SIGN REAL ESTATE SIGN ROOF SIGN ROTATING SIGN SIDEWALK OR SANDWICH BOARD SIGN SNIPE SIGN STREET IDENTIFICATION SIGNAGE SURFACE AREA OF A SIGN TEMPORARY SIGN TEMPORARY SPECIAL EVENT DISPLAY TIME-AND-TEMPERATURE SIGN TRANSIT SHELTER SIGN TRESPASSING SIGN WALL SIGNS WINDOW DISPLAY
Definitions. For purposes of interpreting this section, the following terms shall have the particular meanings specified:
A sign which indicates only a street address.
Any vehicle and/or trailer which has thereon or affixed thereto any sign or advertising device and which is parked on a public right-of-way or public or private property, other than temporarily for overnight storage on the site of a business or for maintenance, repair, loading, unloading or rendering of service at any location, so as to be visible from the public right-of-way, where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
Any sign, other than an electronic changeable copy sign, that utilizes motion of any part by mechanical, electrical or wind means or which displays flashing, oscillating or intermittent lights.
A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such nonrigid material for background.
A sign painted on a bench or erected on the side panel of a transit shelter at a transportation stop or other public area in a business district or along a street right-of-way which advertises a local business or service.
A structure utilized for advertising an establishment, an activity, a product, a service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.
A type of changeable copy sign used by a school, church, library or other public or semipublic building to announce hours of operation and changing events.
A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same property on which the sign is located.
A sign that is designed so that characters, letters or illustrations can be changed or rearranged electronically to change the message on the sign without altering the face or surface of the sign.
A sign that is designed so that characters, letters or illustrations can be changed or rearranged manually to change the message on the sign without altering the face or surface of the sign.
A temporary sign identifying an architect, artisan, engineer, contractor, subcontractor and/or material supplier who participates in construction on the property on which the sign is located.
A sign indicating that the premises is in the process of being subdivided and/or developed for the construction of dwellings or other buildings.
A sign listing only the names and addresses of businesses where three or more businesses are located on the same property.
The entire building front, including the parapet.
The area of a sign on which the copy is placed.
A string of ribbons, tinsel, small flags or pinwheels.
Official flags of government jurisdiction or religious, charitable, public and nonprofit organizations.
A sign which contains an intermittent or sequential flashing light source or which has a light source which is not stationary or constant in intensity at all times and which is used primarily to attract attention. A changeable copy sign which produces changing messages electronically or any portion of an otherwise permitted sign which contains a changeable display to indicate time and temperature shall be excluded from this definition.
A detached sign, which shall include any sign supported by one or more uprights, poles or braces placed permanently in the ground and not attached to any building, including ground and pole signs as defined below:
GROUND SIGNA freestanding sign, the bottom edge of which shall be no more than 18 inches above the adjacent ground level.
POLE SIGNA freestanding sign, erected on a pole or pylon, the bottom edge of which is high enough to provide visibility for motorists and to allow for safe pedestrian circulation.
The length of a property line bordering a public right-of-way.
The length of an outside building wall facing a public right-of-way.
Any temporary or permanent sign erected and maintained by the Township, county, state or federal government for traffic direction or for designation of or direction to any publicly owned property or facility.
The vertical distance measured from the finished surface elevation directly beneath the sign to the highest point of the sign, including decorative embellishments.
A nameplate sign attached to the wall of the dwelling or to a mailbox which contains only the name, address and occupation of the resident of the dwelling.
A sign which contains only the name, address and use of the premises and which shall contain no advertising other than a logo.
A sign which is lighted indirectly by means of lamps or lighting devices external to and reflected on the sign, which lighting is stationary and constant in intensity and color at all times and which conforms to the glare standards of § 300-28 of this chapter.
A sign which is lighted by means of lamps, luminous tubes or other lighting devices internal to the sign, which lighting is an integral part of the sign structure and the advertising effect.
The face of a sign which identifies or advertises a bona fide business, lessor, service, owner, product or activity which is no longer located, conducted or offered on the premises on which the sign is located or any sign for which no legal owner can be found.
A sign, emblem or decal not exceeding one square foot in surface area informing the public of goods, facilities or services available on the premises, e.g., a credit card sign or a sign indicating hours of operation.
The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
Commemorative plaques placed by a recognized agency of the Township, county, state or federal government.
A nonilluminated sign not exceeding two square feet in surface area attached to the wall of the dwelling or mailbox which contains only the name and address of the residents of the dwelling.
A sign which does not comply with the applicable provisions of this chapter or amendment heretofore or hereafter enacted, where such sign lawfully existed prior to the enactment of such ordinance or amendment.
Those signs erected or approved by the Commonwealth of Pennsylvania, Department of Transportation or the Township which are designed to regulate traffic or to describe road conditions.
A sign, other than a billboard, erected by a business, agency or organization located within the Township, that directs vehicular traffic to an establishment, event, activity, person, product or service not sold, produced or available on the property on which the sign is located, but not including governmental off-premises directional signs.
Any sign erected by a governmental agency in the public right-of-way of an arterial or collector street in conformance with PennDOT design criteria that directs the public to a business, activity or location.
A sign which directs and/or instructs vehicular or pedestrian traffic on the premises relative to parking areas, entrances, exits, loading areas, public telephones and similar information and which shall contain no advertising other than the business name or logo.
A sign which is applied to the face of a wall with paint or similar substance.
A sign which indicates that the principal use of a structure or lot is for public or private off-street parking where no building exists on the lot. In the case of private off-street parking related to a business, the sign may include reference to the name of the business, provided that reference does not constitute more than 20% of the gross surface area of the sign.
Advertising of a retail item accompanying its display, e.g., advertisement on a product dispenser.
A sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue concerning which a public election is scheduled to be held.
A temporary sign, often on wheels, designed to be moved easily and not to be affixed permanently to the ground or to a structure or building.
Any sign, other than a wall sign, as defined by this chapter, which is attached to and projects from a building wall whose leading edge projects more than 10 inches beyond the building wall.
A temporary sign erected by the owner or his agent advertising the real estate upon which the sign is located as being for rent, lease or sale.
Any sign erected or constructed upon the eaves or below the ridge or parapet of any building.
A sign which in its entirety or in part moves in a revolving or similar manner. Such motion does not include methods of changing copy.
A type of portable sign intended to be placed on the sidewalk or in front of an establishment to announce hours of operation and/or services or to promote daily features or special events.
A temporary sign or poster affixed to a tree, utility pole, fence or similar support, the message appearing thereon not applying to the present use of the premises or structure upon which such sign is located.
Signs containing the names of public streets located at intersections of all arterial, collector and local streets.
That area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links, etc., which are not part of the main supports of the sign shall be included in determining the sign area. For two-sided signs, only one face is counted in computing the surface area.
A sign not constructed or intended for long-term use.
A temporary sign, banner or inflatable device, constructed of durable material, erected for no more than two thirty-day periods in any twelve-month period whose sole purpose is to advertise a grand opening or other special event.
A sign which indicates changing time and/or temperatures by intermittent lighting.
See "bench sign or transit shelter sign."
A sign not exceeding two square feet indicating the private nature of a driveway or premises.
Any sign attached to and parallel to an outside wall of a building and projecting no more than 12 inches from the surface of the structure to which it is attached.
[Amended 12-21-2009 by Ord. No. 845]
A sign or group of signs affixed to the inside of a display window in a commercial establishment which advertises a product or service available on the premises or which announces or promotes a special sale or special event.
B.
Exempt signs. The following signs shall be exempt from these regulations:
(1)
Address signs not exceeding one square foot in surface area and nameplates not exceeding two square feet in surface area.
(2)
Flags, as defined herein.
(3)
Government signs, street identification signs and official traffic signs, as defined herein.
(4)
Governmental off-premises directional signs, as defined herein.
(5)
Holiday decorations displayed for recognized federal or state holidays, provided that they do not interfere with traffic safety or do not, in any other way, become a public safety hazard.
(6)
Incidental signs not exceeding one square foot in surface area.
(7)
Memorial/historical plaques, as defined herein.
(8)
Point of purchase displays, as defined herein, located inside a store, in a display window or on gasoline pumps.
(9)
Political signs, as defined herein, shall not exceed the maximum size of other temporary signs permitted in the zoning district wherein the political sign is proposed to be located. Such signs shall be removed within five days of the election for which they are erected.
[Amended 12-21-2009 by Ord. No. 845]
(10)
Trespassing signs, as defined herein.
(11)
Window displays, as defined herein, provided that they shall not exceed 20% of the gross surface area of all windows in an establishment.
C.
Prohibited signs. The following signs shall be expressly prohibited, unless otherwise provided for:
(1)
Advertising vehicles, as defined herein.
(2)
Banners, as defined herein, except when authorized as part of an approved special event display.
(3)
Window displays, as defined herein, which exceed 20% of the gross surface area of all windows in an establishment.
(4)
Billboards, as defined herein, in any agricultural or residential zoning district.
(5)
Festoons, as defined herein, in any agricultural or residential zoning district.
(6)
Flashing or animated signs, as defined herein.
(7)
Painted wall signs, as defined herein.
(8)
Portable signs, including sidewalk or sandwich board signs, as defined herein, except as a temporary sign when authorized by this chapter.
(9)
Projecting signs, as defined herein.
(10)
Roof signs, as defined herein.
(11)
Rotating signs, as defined herein.
(12)
Snipe signs, as defined herein.
(13)
Any sign which imitates a traffic control device.
D.
General regulations. The following provisions shall apply to all signs in all zoning districts:
(1)
Visibility. No sign shall be located in such a position that it will cause a hazard by obstructing visibility for traffic traveling on a street or entering onto a street or by obscuring a traffic signal or other traffic control device.
(2)
Maintenance and inspection. All signs shall be maintained in a safe condition by the owner thereof. If, upon inspection, any sign is found to be in an unsafe condition or not in compliance with this chapter, the Zoning Officer or his authorized representative shall give notice, in writing, to the owner of the sign to repair or remove the sign within 10 days, unless there is an immediate threat to public safety, in which case the sign shall be ordered to be repaired or removed immediately. If the owner fails to repair or remove the sign within the time specified in the notice, the Township shall remove the sign at the owner's expense.
(3)
Removal of inactive signs. Inactive signs, as defined herein, shall not be permitted to remain on any property which becomes vacant and remains unoccupied for a period of six months or more or on any property where the business or other use of the present occupant is unrelated to the inactive sign. Inactive signs which relate to a time, event or purpose which is past shall not be permitted to remain on any property. Inactive signs shall be removed within 30 days of the date the sign becomes inactive, as defined by this section, or if the owner fails to remove the signs as required by this section, such signs shall be removed within 30 days of written notice from the Zoning Officer or his authorized representative to the owner to remove an inactive sign.
(4)
Liability for damages. The provisions of the this chapter or the issuance of any sign permit shall not be construed as relieving or limiting the responsibility or liability of the person erecting, owning or maintaining any sign from personal injury or property damage resulting from such sign or work relating thereto; nor shall it be construed as imposing upon the Township or its officers or employees any responsibility or liability by reason of the approval of any sign, material or device under any of the provisions of this chapter.
(5)
Insurance. Every sign contractor shall file with the Zoning Officer or his authorized representative a certificate of insurance indicating the applicant holds public liability and property damage specifically to include and hold harmless with bodily injury limits with at least $100,000 per occurrence and $100,000 aggregate, and property damage insurance of at least $50,000 per occurrence and $50,000 aggregate. Such insurance shall not be canceled or reduced without first giving 10 days' notice in writing to the Township of such cancellation or reduction.
(7)
Permit fees. All applications for zoning permits for signs filed with the Zoning Officer or his authorized representative shall be accompanied by the required fee established from time to time by resolution of the Board of Commissioners. The current schedule of fees shall be available to the public in the office of the Township Manager.
(8)
Expiration of permits. Any zoning permit issued by the Zoning Officer or his authorized representative for erection, alteration, replacement or relocation of any sign shall expire automatically without notice to the applicant within one year of the date of issuance if work authorized by the permit has not been initiated and diligently pursued.
(9)
Changeable copy sign. Changeable copy signs may utilize either manual or electronic changeable copy. The minimum length of time that a message on an electronic changeable copy sign must remain stationary shall be five seconds.
(10)
Sign location. All signs shall be located on the premises for which they are intended to serve, except for billboards (as defined herein and authorized by this chapter) and sporting facility signage, which shall include sponsor advertisements on the interior of the fence facing the playing field and shall be no higher than the fence to a maximum of eight feet. All such sporting facility signage shall be four feet by six feet maximum.
[Amended 12-17-2012 by Ord. No. 869]
(11)
Height and location of freestanding signs. No part of any freestanding sign shall be located closer than 10 feet to any street right-of-way or any property line. The maximum height of the top of any freestanding sign is specified in § 300-27E through G below. The bottom edge of any freestanding pole sign, as defined herein, shall be a minimum of seven feet above the adjacent ground level, if traffic is not proposed to circulate under it, and shall be a minimum of 12 feet above the adjacent ground level, if traffic will circulate under the sign. The maximum height of the bottom edge of any freestanding ground sign shall be 18 inches above the adjacent ground level.
(12)
Illumination of signs.
(a)
When authorized by this chapter, indirect illumination shall be directed upon the sign face and not towards adjoining properties or streets. The intensity of any source of illumination of any sign, whether indirect or internal, shall be controlled so as not to create glare and so that it is compatible with the intensity of ambient light and illumination on surrounding properties.
(b)
Electrical devices and wiring shall be installed in accordance with the specification of all applicable codes. All electrical sign components, connections and installations shall conform to specifications of all applicable codes. In no case shall any open spark or flame be used as part of a sign display.
(13)
Structural integrity of signs. All signs shall be securely mounted or fastened to the building upon which they are erected or, if freestanding, shall be securely and safely installed in the ground. All signs shall be designed to withstand minimum wind loads as specified in the edition of the Uniform Construction Code currently in effect in the Township.
E.
Signs authorized in all zoning districts. The following signs are authorized in all zoning districts, subject to the requirements specified for each sign:
(1)
Temporary special event display. One nonilluminated temporary special event display, as defined herein, shall be permitted to be attached to the face of a public building, church or building which houses a nonprofit organization, provided that the sign shall not exceed 48 square feet in surface area and the sign shall be displayed for no more than two thirty-day periods in any twelve-month period and shall be removed within five days following the event it is erected to promote. No more than two temporary special event displays shall be permitted to be placed in or over a public right-of-way or sidewalk, provided that the owner of the right-of-way or sidewalk grants permission to erect the temporary special event display.
(2)
Temporary real estate sales sign. One nonilluminated real estate sign, as defined herein, shall be permitted on a lot, provided that the sign shall not exceed six feet in height. The real estate sign shall not exceed 12 square feet in surface area when located on property in any residential zoning district and shall not exceed 32 square feet in surface area when located on property in any commercial zoning district. Such sign shall be removed within 30 days of the sale or rental of the property on which it is located.
(3)
Temporary development sign. One nonilluminated development sign, as defined herein, shall be permitted on a lot, provided that the sign shall be a ground sign, as defined herein, which shall not exceed 32 square feet in surface area. The development sign shall not exceed six feet in height in a residential zoning district and shall not exceed 10 feet in height in a commercial zoning district. Such sign shall be removed within 30 days of the sale of the last lot or completion of the proposed construction in the development.
(4)
Temporary construction sign. One nonilluminated construction sign, as defined herein, shall be permitted on a lot, provided that the sign shall be a ground sign, as defined herein, and shall not exceed 12 square feet in surface area. The construction sign shall not exceed four feet in height in a residential zoning district and shall not exceed six feet in height in a commercial zoning district. Such sign shall be removed immediately upon completion of the work.
(5)
Home occupation identification sign. One nonilluminated home occupation identification sign, as defined herein, shall be permitted to be attached to a dwelling, provided that the sign shall not exceed two square feet in surface area.
(6)
Bulletin sign.
(a)
One nonilluminated or indirectly illuminated bulletin sign, as defined herein, shall be permitted on a lot which contains an authorized church, school, library or other public or semipublic building, provided that the sign shall not exceed 24 square feet in surface area. A bulletin sign may be either a wall sign or a freestanding ground sign, as defined herein. The maximum height of a freestanding ground bulletin sign shall be six feet.
(b)
A bulletin sign may be proposed in addition to the identification sign, as defined herein, authorized for the use; however, if a bulletin sign includes the identification sign, the surface area of the combined sign shall not exceed 32 square feet.
(7)
On-premises directional signs.
(a)
On any lot which contains two or more multifamily or nonresidential buildings and/or any lot which provides more than 50 parking spaces, on-premises directional signs, as defined herein, shall be permitted, provided that the surface area of any one sign shall not exceed four square feet and the height of any sign shall not exceed three feet.
(b)
On such lots with lot areas of 20,000 square feet or less, a maximum of four nonilluminated or indirectly illuminated on-premises directional signs shall be permitted. On such lots with lot areas of more than 20,000 square feet but not more than one acre, a maximum of six nonilluminated or indirectly illuminated on-premises directional signs shall permitted. On such lots with lot areas in excess of one acre, an additional two nonilluminated or indirectly illuminated on-premises directional signs shall be permitted for each additional acre or fraction thereof in excess of one acre.
(8)
Business off-premises directional signs. Two nonilluminated business off-premises directional signs shall be permitted for each business, agency or organization located in the Township, provided the business, agency or organization is located on property in the A-1, R-1 or R-2 District. The application for a permit for an off-premises directional sign shall include evidence of permission from the property owner on which the sign is to be located. The sign shall be within two miles of the location of the business, agency or organization for which the sign is erected, measured by road miles between the two locations. Each sign shall not exceed four square feet in surface area and shall be located at least two feet from the edge of any street right-of-way. Business off-premises directional signs shall not be located within any street right-of-way. All other applicable criteria of this § 300-27 governing signs shall be met.
(9)
Transit shelter or bench signs.
F.
Signs authorized in agricultural and residential districts. In addition to the signs authorized by § 300-27E above in all zoning districts, only the following signs shall be permitted in any agricultural or residential zoning district, subject to the requirements for each sign:
(1)
Residential identification sign. One nonilluminated or indirectly illuminated identification sign, as defined herein, shall be permitted as a wall sign on a multifamily residential building or as a freestanding ground sign at the entrance to any residential development, provided that the sign shall not exceed 12 square feet in surface area. The maximum height of a freestanding ground identification sign shall be three feet. Freestanding ground signs shall not be located in any public right-of-way unless the Township approves the location.
(2)
Nonresidential identification sign. One nonilluminated or indirectly illuminated identification sign, as defined herein, shall be permitted on a lot which contains a nonresidential use, other than a home occupation, which has been approved as a use by special exception in a residential zoning district, provided that the sign shall not exceed 24 square feet in surface area. The identification sign may be either a wall sign or a freestanding ground sign. The maximum height of such a freestanding ground sign shall be three feet.
(3)
Legal nonconforming use identification sign. One nonilluminated or indirectly illuminated business or identification sign, as defined herein, shall be permitted on a lot which contains a legal nonconforming nonresidential use in a residential zoning district, provided that the sign shall not exceed 24 square feet in surface area. The identification sign may be either a wall sign or a freestanding ground or pole sign. The maximum height of such freestanding ground sign shall be three feet, and the maximum height of such a freestanding pole sign shall be 12 feet.
G.
Signs authorized in commercial and industrial districts. In addition to the signs authorized by § 300-27E above in all zoning districts, only the following signs shall be permitted in any commercial or industrial zoning district, subject to the requirements for each sign:
(1)
Wall sign.
[Amended 10-19-2015 by Ord. No. 887; 12-18-2017 by Ord. No. 897]
(a)
Three business signs or professional signs which are wall signs, as defined herein, which shall be either nonilluminated, indirectly illuminated or internally illuminated, as defined herein, shall be permitted for each establishment. The maximum surface area of such wall signs shall not exceed 10% of the surface area of the building frontage that the business occupies. Only one wall sign as defined shall be permitted on any side of a business.
(b)
Where otherwise permitted on a building that abuts any residentially zoned property, wall signs are specifically prohibited on any side of said building which directly abuts or faces the residentially zoned property.
(2)
Freestanding sign.
(a)
One freestanding business sign, as defined herein, shall be permitted on a lot, regardless of the number of establishments on the lot. The freestanding business sign shall be either a ground sign or pole sign, as defined herein.
(b)
The maximum surface area of the ground or pole sign shall not exceed 64 square feet if there is one establishment on the lot and the area of the lot is one acre or less. The maximum surface area of the ground or pole sign shall not exceed 100 square feet regardless of the number of businesses on the lot if the area of the lot is over one acre, but less than 10 acres. The maximum surface area of the ground or pole sign shall be 200 square feet regardless of the number of businesses on the lot if the area of the lot is 10 acres or more.
(c)
The maximum height of a pole sign shall be 20 feet. The maximum height of a ground sign shall be six feet. The ground or pole sign shall be either nonilluminated, indirectly illuminated or internally illuminated.
[Amended 12-17-2012 by Ord. No. 869]
(d)
Lots in the C-1 General Commercial District which have an area of 20,000 square feet or more and which front on more than one street shall be permitted to have one authorized freestanding business sign on each street frontage.
(e)
In approved shopping centers, one freestanding business sign, either a ground or pole sign, shall be permitted for an out parcel in addition to the shopping center identification sign. The maximum surface area of the sign shall not exceed 32 square feet, and the sign shall be located on the out parcel at least 10 feet from any right-of-way or property line. A changeable copy sign shall not be permitted to be attached to a freestanding pole sign for a shopping center out parcel. The maximum height and illumination of the sign shall be the same as all other ground or pole signs authorized in the zoning district.
(3)
Changeable copy sign. One changeable copy sign, as defined herein, shall be permitted for each establishment, provided that the maximum surface area of a manual changeable copy sign shall not exceed 32 square feet and the maximum surface area of an electronic changeable copy sign shall be 16 square feet. The square footage of the changeable copy sign shall be included in the maximum size permitted for a wall sign or freestanding pole business sign. The changeable copy shall be either a wall sign, as defined herein, or shall be attached to the structure of an existing or proposed freestanding pole business sign. The maximum number of faces on a changeable copy sign shall be two faces. Independent freestanding or portable changeable copy signs shall not be permitted.
(4)
Directory sign. One nonilluminated, indirectly illuminated or internally illuminated directory sign, as defined herein, shall be permitted for buildings or sites which contain three or more establishments. The directory sign, as defined herein, shall be permitted either as a separate wall sign or shall be attached to an existing or proposed freestanding pole business sign structure, provided that the maximum surface area of the directory sign shall not exceed 32 square feet.
(5)
Temporary special event display. One nonilluminated temporary special event display, as defined herein, shall be permitted per establishment, subject to the following requirements:
(a)
No more than two signs or banners shall be permitted on any establishment at any one time.
(b)
The temporary special event display shall be securely attached to the building or to the permanent supporting structure for the business identification sign.
(c)
The temporary special event display shall be displayed for no more than two thirty-day periods, either consecutively or cumulatively, in any twelve-month period.
(d)
The aggregate surface area of all temporary special event display signs shall not exceed 48 square feet per establishment.
[Amended 10-19-2015 by Ord. No. 887]
(6)
Portable signs, other than temporary special event display.
(a)
One portable sign shall be allowed per lot regardless of the number of businesses on the lot.
(b)
The maximum surface area of the portable sign shall be 20 square feet.
(c)
The portable sign shall not be located in or obstruct access to any parking space and shall not create a hazard for vehicular or pedestrian traffic on the lot.
(d)
The portable sign shall not be located within any public street right-of-way. The portable sign shall be located at least 10 feet from any public street right-of-way or driveway entrance from the public street.
(e)
The portable sign shall not be illuminated.
(f)
The portable sign shall be a temporary sign only and shall not be displayed for more than 90 consecutive days or 180 cumulative days in any twelve-month period.
(g)
Portable signs that are not used as a temporary special event display shall not be alternated with an approved special event display.
(h)
Festoons shall be permitted in outdoor display areas accessory to an authorized business use.
(7)
Parking area identification sign. One nonilluminated or indirectly illuminated parking area identification sign, as defined herein, shall be permitted as a wall sign on a parking structure or as a freestanding pole sign in an open off-street parking area. The maximum surface area of the sign shall be 32 square feet, and the maximum height of the freestanding pole sign shall be 20 feet.
H.
Signs authorized in overlay districts:
[Added 12-21-2009 by Ord. No. 845]
(1)
Signs in the Institutional I Overlay District:
(a)
Signage requirements for hospitals, as follows, shall supersede the requirements of §§ 300-27D(11), 300-27E(6), (7) and (8) and 300-27F with respect to any signs located in the Township:
(2)
Signs in the Residential "R" Overlay: (Reserved)
(3)
Signs in the Transitional "T" Overlay: (Reserved)
(4)
Signs in the Hansen Avenue Revitalization "H" Overlay: (Reserved)
§ 300-28 Performance standards.
The following performance standards shall apply to all uses authorized in this chapter in order to protect the public against the creation of public nuisance. As part of an application for land development approval, conditional use approval or approval of a use by special exception, the applicant may be required to provide qualified expert testimony regarding compliance with these performance standards. The cost of services for qualified expert consultants shall be paid by the applicant.
A.
Fire hazards and protection. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment acceptable to the Board of Fire Underwriters and shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Radioactivity or electrical disturbances. No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
C.
Noise.
(1)
Noise in excess of 60 decibels as measured on a decibel or sound level meter of standard quality and design operated on the A-weighing scale at a distance of 25 feet from any property line of the property on which the noise source is located shall not be permitted.
(2)
The following uses or activities shall be exempt from the noise regulations:
(a)
Noises emanating from construction or maintenance activities, including yard maintenance, between 7:00 a.m. and sunset.
(b)
Noises caused by safety signals, warning devices and other emergency-related activities or uses.
(c)
Noises related to municipal service activities.
(d)
Noises emanating from public or noncommercial recreational uses between 7:00 a.m. and sunset.
D.
Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property, except that the temporary vibration as a result of construction activity shall be permitted.
E.
Odors. In any district except the M-1 Manufacturing District, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. The standard for determining such quantities shall be the fifty-percent response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemists Association, Inc., Washington, D.C. This shall not apply to any form of fertilizer on property where agriculture is a permitted use.
F.
Air pollution. No pollution of air by smoke, fly ash, dust, vapors, odors, particulate matter or other substances shall be permitted which violates the Clean Air Act or any other applicable state or federal regulation.
G.
Glare.
(1)
Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted. No light in excess of 0.0 footcandle shall be emitted at the property line when adjacent to a residential use. Lighting of 0.2 footcandle at the property line of a public right-of-way is permissible, provided that the light reaches a level of 0.0 footcandle at the adjacent property line. All lighting devices shall be shielded appropriately.
[Amended 12-17-2012 by Ord. No. 869]
(2)
All lighting devices located within 100 feet of any property line adjoining a residential use or zoning classification shall be designed with shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than 60°. "Cutoff angle" is defined as the angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
(3)
With the exception of light-emitting diodes from electronic signs, all architectural landscape and canopy lighting shall be from a concealed source in which the filament or bulb without a shield lens is not visible from the property boundaries or public street right-of-way. Lighting associated with a freestanding or building canopy shall be recessed into the canopy.
[Added 10-19-2017 by Ord. No. 887]
H.
Garbage and trash containers. All organic rubbish and discarded materials shall be placed in tight, verminproof containers on the property and shall be secured in side or rear yards. Containers two yards or greater shall be screened from public view by means of a solid-face fence or wall.
[Added 10-19-2017 by Ord. No. 887[1]]
I.
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues, and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
J.
Continuing enforcement.
(1)
The Zoning Officer or his authorized representative shall investigate any purported violation of these performance standards approved as part of a final land development plan and, subject to approval by the Board of Commissioners, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 300-53 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
§ 300-29 Buffer area requirements.
A.
Where required by this chapter, a landscaped area shall be planted and maintained in trees, grass, ground cover, shrubs, bushes or other natural landscaping material consisting of a mix of types and sizes of plant materials which within three years of planting meets the standard of providing a compact year-round visual screen at least six feet in height for a certain depth from a property line specified by this chapter. Existing or constructed natural barriers, such as differences in elevation or earthen mounds, may be substituted for the required plantings in the buffer area, subject to approval by the Board of Commissioners. In the event that existing natural barriers are substituted for the required buffer area, the applicant may be required to record a conservation easement of the depth specified for the buffer area to guarantee that the existing topography and/or vegetation shall not be disturbed or removed from the required buffer area in perpetuity.
B.
Trees planted in the required buffer area shall be a minimum of two inches in diameter at a point one foot above the ground. Trees shall be planted in accordance with accepted conservation practices. Trees shall be spaced a minimum of 10 feet apart measured from the center of the trees. In addition to the required trees, a row of low level evergreen shrubs or hedge or a landscaped earthen mound at least three feet in height shall be provided where parking spaces are located so that cars are visible from adjoining properties.
C.
None of the required plantings shall encroach across any property line. All plantings shall be located so that, at maturity, all parts of the tree shall be a minimum of 2 1/2 feet from any public street right-of-way or any property line which constitutes the exterior boundary of the buffer area.
D.
In the event that a public right-of-way, dedicated and accepted by the Township separates the two dissimilar uses specified, the buffer area shall not be required.
E.
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as not to obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 300-22C(8) of this chapter.
F.
No structures or uses shall be permitted in the required buffer area, other than fences, active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
G.
Depth of buffer area required.
(1)
The depth of the required buffer area as measured from the property line separating the adjoining uses shall be determined in accordance with the following table, except as otherwise specified:
[Amended 12-21-2009 by Ord. No. 845]
Adjoining Land Uses | Depth Required (feet) | ||
|---|---|---|---|
Multifamily | |||
Adjoining undeveloped A or R | 10 | ||
Adjoining single- or two-family | 10 | ||
Adjoining multifamily | 5 | ||
Adjoining commercial | 5 | ||
Adjoining industrial | 15 | ||
Commercial | |||
Adjoining undeveloped A or R | 10 | ||
Adjoining single- or two-family | 10 | ||
Adjoining multifamily | 5 | ||
Adjoining industrial | 15 | ||
Industrial | |||
Adjoining undeveloped A or R | 15 | ||
Adjoining single- or two-family | 15 | ||
Adjoining multifamily | 15 | ||
Adjoining commercial | 10 | ||
(2)
Buffer yards shall not be required along property lines where single-family or two-family dwellings adjoin other single-family or two-family dwellings.
H.
When the width of a required buffer area is in conflict with the minimum yard requirements of the zoning district, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement. Buffer area plantings may be located within any required yard setback.
I.
In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The buffer area required by this § 300-29 shall apply on all other sides of the existing structure.
J.
It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
§ 300-30 On-site sales accessory to farm and roadside stands.
A.
Products sold shall be limited to products grown on the farm for which the stand is operated or products grown on neighboring farms.
B.
Seasonal roadside stands shall be located no closer than 10 feet to any street right-of-way or property line and shall be removed at the end of the growing season.
C.
Permanent roadside stands shall be located at least 50 feet from any street right-of-way and at least 25 feet from any other property line.
D.
If the roadside stand is not located on the farm from which the products are obtained, a peddler's license shall be obtained from the Township.
E.
Temporary off-street parking shall be provided for seasonal roadside stands in accordance with the requirements of § 300-25 of this chapter; however, temporary parking areas shall not be required to be improved as required by that section.
F.
Off-street parking for permanent roadside stands shall be provided in accordance with the requirements of § 300-25 of this chapter and shall be improved as required by that section.
G.
Adequate ingress and egress shall be provided from the off-street parking area and the parking area shall be of sufficient size that cars shall not stand or park on any street or berm.
§ 300-31 Permanent secondary dwelling for resident farm workers.
One permanent secondary dwelling shall be permitted to be constructed on a farm, as defined by this chapter, without subdividing the property for the secondary dwelling, provided that all of the following requirements are met:
A.
The area proposed for the secondary dwelling would be capable of meeting the minimum lot area and lot width requirements specified in § 300-22 for principal structures in the zoning district if the property were to be subdivided in the future without reducing the area required for the original dwelling.
B.
Adequate vehicular access to a public street is provided for the secondary dwelling.
C.
The landowner of the farm shall be the owner of the secondary dwelling. The secondary dwelling shall not be sold to any other party unless and until a plan of subdivision is recorded in accordance with the requirements of Chapter 252, Subdivision and Land Development.
D.
The sole purpose of the secondary dwelling shall be to provide a permanent dwelling for a person or persons who are working on the farm as tenants or employees.
§ 300-32 Solar, wind and alternative energy systems.
A.
Wind energy conversion systems (WECS) are permitted in all zoning districts as an accessory use to any lawfully permitted principal use or accessory use on the same lot or parcel upon issuance of the proper permit pursuant to and upon compliance with all requirements of this article and as elsewhere specified in this chapter. Any WECS shall comply with the following criteria:
(1)
In order to ensure safety to adjoining properties, all WECS shall require a zoning permit issued by the Zoning Officer after his review of proposed construction plans and operational data relative to the proposed WECS.
(2)
The applicant shall submit the following information to secure a zoning permit:
(a)
Construction plans prepared by a registered engineer showing the location of the proposed tower and related equipment for the WECS, the type of materials used to construct the tower or pole on which the WECS will be mounted, and all manufacturer's data relative to the complete operational characteristics of the WECS, including but not limited to safety and performance standards and/or characteristics, noise characteristics, and supplemental information as requested by the Zoning Officer.
(b)
A recorded plat demonstrating that the parcel on which a ground-mounted WECS is proposed is a minimum of one acre in area (43,560 square feet) and a minimum of 1/2 acre (21,780 square feet) for a WECS proposed to be mounted on an existing principal or accessory structure.
(c)
Dimensions to scale demonstrating that a WECS proposed to be mounted on an existing principal or accessory structure shall not exceed the maximum height, when combined, of a structure permitted in the zoning district.
(3)
All WECS towers, poles, or supporting structures shall be set back from all property lines a minimum distance of 1.25 times the total height of the tower or pole and all equipment mounted thereon from all adjacent property lines. The total height shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level.
(4)
All WECS towers or poles shall be enclosed by a six-foot fence with a lockable entry. The climbing apparatus for the tower or pole shall stop 12 feet above the ground level.
(5)
WECS operations shall not cause interference to television or radio reception on neighboring properties. The Township reserves the right to suspend and/or rescind the zoning permit if such interference becomes evident and is a nuisance to neighboring property owners.
(6)
WECS operations shall not exceed the performance standards for noise under § 300-28 of this chapter. The Township reserves the right to suspend and/or rescind the zoning permit if it is determined by the Zoning Officer that the noise characteristics and/or levels generated by a particular WECS exceed the standard enumerated herein.
(7)
WECS operations shall not constitute an undue safety hazard to neighboring properties due to repeated failure and/or breakage of the rotor blade(s). If, in the opinion of the Township Engineer, such a safety hazard and/or nuisance exists, the Township reserves the right to suspend and/or rescind the zoning permit until the safety hazard(s) have been corrected to the satisfaction of the Township Commissioners.
B.
Solar energy systems.
(1)
It is the purpose of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses, lots and parcels. This section seeks to:
(a)
Provide property owners and business owners/operators with flexibility in satisfying their on-site energy needs;
(b)
Reduce overall energy demands within the community and to promote energy efficiency; and
(c)
Integrate alternative energy systems seamlessly into the community's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.
(2)
Applicability.
(a)
This section applies to building-mounted and ground-mounted solar photovoltaic (PV) systems installed and constructed after the effective date of this section.
(b)
Solar PV systems constructed prior to the effective date of this section are not required to meet the requirements of this section.
(c)
Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this section.
(3)
Permitted zoning districts.
(a)
Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use or accessory use on the same lot or parcel upon issuance of the proper permit pursuant to and upon compliance with all requirements of this article and as elsewhere specified in this chapter.
(b)
Building-integrated systems, as defined by this chapter, are not considered an accessory use and are not subject to the requirements of this section.
(4)
Locations within a lot. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures, provided that the surface of the panels are minimal glare and the industry standard for a matted finish is installed.
[Amended 12-19-2022 by Ord. No. 921]
(5)
Design and installation standards.
(a)
The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.
(b)
All wiring must comply with applicable electrical codes and specifications.
(c)
The solar PV system must be constructed to comply with any applicable firesafety codes.
(6)
Setback requirements. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar-PV-related equipment or parts.
(7)
Height restrictions. Notwithstanding the height limitations of the zoning district:
(a)
For a building-mounted system installed on a sloped roof, the system must be installed at the same angle as the roof on which it is installed, with a maximum distance measured perpendicular to the roof of 18 inches between the roof and the highest edge of the system.
(b)
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
(c)
For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.
(d)
Ground-mounted systems may not exceed 10 feet in height, measured from the tallest part of the structure when installed.
(8)
Screening and visibility.
(a)
Building-mounted systems on a sloped roof shall not be required to be screened.
(b)
Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a fifty-foot radius of the property, at a level of five feet from the ground, in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a fifty-foot radius at a level of five feet from the ground.
(9)
Impervious lot coverage restrictions. The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above an existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.
(10)
Nonconformance. If a building-mounted system is to be installed on any building or structure that is nonconforming because it violates the height or setback restrictions of the zoning district in which it is located, the building-mounted system may be granted a special exception so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted.
(11)
Vacation, abandonment and/or decommissioning.
(a)
Discontinuation and/or abandonment is presumed when a solar PV system has been disconnected from the net metering grid for a period of six continuous months without being connected to a battery system, or has not produced electricity for a period of six months.
(b)
A solar PV system, including its solar-PV-related equipment, must be removed within 12 months of the date of discontinuation and/or abandonment or upon termination of the useful life of the solar PV system.
(c)
For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.