Clinton Township City Zoning Code
ARTICLE III
Conditional Uses
§ 185-23 Conditional uses.
A.
The criteria for conditional uses as listed for each zoning district in Article II are listed below. The Board of Supervisors, in granting a conditional use, may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as they may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code (MPC)[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Applications for conditional uses shall be made to the Planning Commission, at a time and place established by the office. Conditional uses shall be granted or denied by the Board of Township Supervisors after the recommendation of the Township Planning Commission. Procedures shall follow those specified in this chapter and the MPC. Where there is a conflict between a procedure in this chapter, and the MPC (including any future amendments to the state code), the standards of the MPC shall take precedent, for all hearings, procedures, and time limitations.
[Amended 7-13-2020 by Ord. No. 2020-01; 5-22-2023 by Ord. No. 2023-01]
C.
The Planning Commission shall review all applications for conditional use to determine that they are complete and correct. A public hearing shall be scheduled within 60 days of the date of application, unless the applicant has agreed in writing. If the hearing is not completed within the initial day scheduled, each subsequent extension of the hearing shall be held within 45 days. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And the applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
[Amended 7-13-2020 by Ord. No. 2020-01]
D.
The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
[Amended 7-13-2020 by Ord. No. 2020-01]
E.
Conditional uses in C, AC, and R-1 Districts. The following shall apply to conditional uses as authorized in the aforementioned districts, excluding home occupations.
[Added 10-9-2012 by Ord. No. 2012-02]
(1)
Where the lot on which the use is proposed fronts on or bears legal access to a collector street, the Board may require the limitation of access to the collector street in order to minimize extraordinary impact to local streets.
(2)
Where a specific setback is not otherwise required by the respective use section within this article, the principal use shall be set back 100 feet from adjoining properties zoned as C, AC, or R-1. The setback shall include buffer yards as may be required by this article. The Board of Supervisors, in concert with the conditional use approval, may approve the reduction of the required buffer yards and reduction of the aforementioned setback by up to 50%, but not less than the applicable setback otherwise required in the respective zoning district, provided that the Board finds that such reduction will not be adverse to the public health, safety, and welfare in consideration of the following:
(3)
Noise. The Board may require the applicant to submit a noise study where ongoing operations of the proposed use, including but not limited to principal or accessory activities and events, compressors, or operation of machinery or equipment associated with the proposed use where noise associated with the preceding is not customarily associated with principal uses permitted as of right within the respective zoning district.
(a)
The study shall establish by generally accepted testing procedures the continuous seventy-two-hour ambient noise level at the nearest property line or 50 feet from the nearest dwelling, whichever point is closer to the affected dwelling. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test the applicant may assume and use, for the purpose of compliance with this chapter, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment, which will provide equivalent data.
(b)
The study shall evaluate the necessity of sound mitigation devices. Where such devices are necessary to address sound levels that would otherwise exceed the aforementioned noise level standards, the study shall propose and detail the installation of sound mitigation devices sufficient to ensure that sound does not exceed the average ambient noise level established by more than five decibels for more than 10 minutes within any one hour; or that such does not exceed the levels required by § 185-64 when applied to oil and gas operations.
(c)
The applicant shall execute an agreement with the Township in a form acceptable to the Township Solicitor in which a schedule of noise tests are performed at the expense of the applicant and in which the applicant agrees to modify installed sound mitigation devices in a manner necessary to ensure that the sound level does not exceed the authorized level.
§ 185-24 Service and repair businesses.
The intent of this conditional use is to allow a small business that operates in rural areas, with appropriate safeguards. Examples may include woodworking enterprises, light repair services (such as small engine repair), and very light fabrication or assembly.
A.
For new construction, all side and rear yards are increased by 50 feet in those instances where they abut residential uses.
B.
All service and repair activities, except for incidental loading and unloading, shall be conducted within a building.
C.
No service and repair business may be conducted on a lot of lesser size than 10 acres in the C Conservation District and five acres in the AC Agricultural Conservation District. The developer shall agree to not subdivide any parcel below these stated minimums.
§ 185-25 Mining and mineral extraction.
Mining may include the excavation of earth, sand, gravel, stone, coal or other minerals by surface or deep mining methods and removal of the excavated materials from the site when such activity is not a part of an approved site development plan. An application for conditional use must be approved prior to issuance of any land development plan, stormwater management plan, or other approval. As part of the application for conditional use approval, the excavator shall submit a drawing showing:
A.
The property on which the excavation will occur, including abutting roads, property lines and boundary on the property within which the excavating will occur, including proposed phasing of the work over the life of the project;
B.
Contours at five-foot intervals, indicating existing contours and proposed contours at conclusion of excavation;
C.
Solution to drainage from the site, showing means of carrying groundwater to a natural drainageway or to an approved stormwater system.
D.
The registration seal of the engineer preparing the drawing when over five acres in area.
E.
The excavator shall comply with all applicable regulations of this chapter, including but not limited to site grading and drainage, landscaping and buffering, and environmental standards.
F.
No landfill or dumps for garbage or other refuse or commercial or industrial by-products shall be permitted, except land application as permitted by the PADEP.
G.
The excavation project shall be operated as follows:
(1)
Primary access to the site shall be controlled at one location.
(2)
The excavator shall post the property, noting that a dangerous condition exists and warning trespassers away.
(3)
The excavator shall take care that trucks leaving the property are not overloaded. If materials from trucks are spilled upon a public road, all such materials shall be removed from the road within four hours.
(4)
Water accumulating on the site shall be removed to a drainageway, and any contaminated water shall be treated before being allowed to enter a drainageway.
(5)
Wash stations shall be installed for trucks leaving the site to enter a public road in order to ensure that no dust leaves the property.
(6)
To prevent the migration of dust from surface mining to other properties, the Township may require the installation of screening, landscaping or buffer areas.
H.
The Board of Supervisors may require a bond in favor of the Township to be posted by the excavator to cover damages that may occur to Township roads as a result of hauling materials excavated from the permitted site. The amount of the bond less any sums needed to correct damages shall be refunded to the excavator within one year after the conclusion of the operation.
§ 185-26 Specialized animal raising and care.
While the Township recognizes the importance of these endeavors, their intensity makes them a conditional use; such facilities shall:
A.
No such activity may be conducted on a lot of lesser size than 10 acres in the C Conservation District and five acres in the AC Agricultural Conservation District. The developer shall agree to not subdivide any parcel below these stated minimums.
B.
No pens or runs shall be closer than 100 feet to neighboring lot lines.
C.
If containing runs for more than 75 birds or mammals, provide evidence that waste products or manure will not create a malodorous nuisance.
D.
Provide evidence of meeting all applicable state codes and licenses.
§ 185-27 Mini storage facilities.
These structures are also known as "self-service storage facilities" and consist of one or more larger buildings which are divided into small separate units. These units, often the size of a single garage, are then rented for storage, normally for personal goods. Such uses must adhere to the following regulations:
A.
There shall be no outdoor storage of any type, at any time, with the exception of motor vehicles or trailers licensed to travel the highways of the commonwealth. Such vehicles and trailers shall be stored in a manner that they are visually screened from any abutting residential use.
B.
Type I screening, in accordance with § 185-62B of this chapter, shall be required. Front yard areas shall be landscaped with a mix of lower shrubs, grass and trees.
[Amended 10-9-2012 by Ord. No. 2012-02]
C.
The entire complex shall be surrounded by a security fence at least six feet but not greater than eight feet in height. Said fence shall be no closer to any lot line than 10 feet.
D.
There shall be no rental of space for active uses, such as gatherings or music practice.
§ 185-28 Communications towers.
Such towers are a conditional use in the C-Conservation, AC-Agricultural Conservation and IP-Industrial Park Districts.
A.
Compliance with other regulations.
(1)
If applicable, the applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower and communication antennas. If not applicable, the Township may require evidence of any exemption.
(2)
All applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation shall be met.
(3)
All applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations shall be met.
B.
Dimensional requirements.
(1)
Towers shall be no taller than necessary to perform their intended function. The maximum height of any communications tower shall be no more than 300 feet unless preempted by airport zoning.
(2)
Communications towers may be located on a lot occupied by other principal structures, and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district it is located within, but the minimum area devoted to the communications tower shall be at least two acres.
C.
Yard and setback requirements.
(1)
The minimum dimension between the tower base and any abutting property line shall be at least the height of the tower plus 10 feet.
(2)
No two towers, existing or proposed, shall be within 3,000 feet of one another unless two or more towers are placed on the same parcel or lot. The distance between any tower base and the edge of the site is at least the height of the tower closest to the edge, plus 10 feet.
[Amended 7-13-2020 by Ord. No. 2020-01]
(3)
No tower shall be located within 500 feet of a residential lot with an occupied residential dwelling.
(4)
All support guy wire anchors and accessory buildings shall be located within the site.
(5)
Any communications equipment building shall comply with the required yards and height requirements of applicable zoning district for an accessory structure.
D.
Shared use of a tower. Before a new tower site can be approved, the developer shall demonstrate that there is no feasible existing elevated location within 3,000 feet of the proposed site, capable of supporting his/her equipment at the required height. Existing structures such as steeples, silos or water tanks may be used, as well as existing towers in lieu of a new tower. The developer shall provide letters from the owners of the elevated locations stating that they have refused the developer the use of their site or sites with reasons why the site or sites is unreasonable or unfeasible for the developer's needs, if such reason involves:
(1)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
E.
Fencing, access, landscaping, lighting, and other standards.
(1)
Pole towers will be preferred over lattice towers. A pole tower shall be considered one which is of monopod configuration with support from guy wires.
(2)
A security fence at least eight feet high shall surround the entire area around the base of the tower, any accessory buildings and guy anchors on the ground.
(3)
Access to the site, if it does not abut a public road, shall be over an easement at least 56 feet wide between road and site and shall be improved with a dust-free, all-weather surface to a width of at least 10 feet for its entire length.
[Amended 7-13-2020 by Ord. No. 2020-01]
(4)
Existing trees on the site shall not be removed except within the fenced area or for the access easement. An evergreen screen at least six feet high shall be planted at the base of the tower and accessory buildings to screen them from the view of nearby residences.
(5)
The tower and site shall not be lighted except as may be required by the Federal Aviation Administration.
F.
Tower design and maintenance.
(1)
The tower installation shall be designed by a registered Pennsylvania professional engineer, who shall supervise the construction at no cost to the Township, shall certify that the structure has been designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electronic Industries Alliance/Telecommunications Industry Association. The structure must be capable of carrying at least twice the anticipated initial load, with a safety factor of two, and of withstanding wind and ice loads in accordance with accepted engineering practices.
[Amended 7-13-2020 by Ord. No. 2020-01]
(2)
The developer shall provide a schedule for regular inspection and maintenance of the tower and site, and shall be responsible to mow the entire site that is not in woods or in agricultural or other active use.
G.
Submission requirements.
(1)
Even if a tower site is to be leased, a subdivision or land development plan shall be prepared to show the site, described by bearings and distances, within the property from which the site will be leased or sold.
(2)
Evidence of a lease agreement must be presented.
(3)
A site development plan, drawn to scale, shall also be prepared to show precisely the location of the tower on the site, fencing, support buildings on the ground, guy anchors, and access easement.
(4)
The subdivision plan shall be reviewed and if approved, recorded.
(5)
Once finalized, the applicant shall submit the name, address and emergency telephone number for the operator of the communications tower for the use of Emergency Management personnel.
(6)
The applicant shall submit a Certificate of Insurance evidencing general liability coverage in the minimum amount of $1 million per occurrence and property damage coverage in the minimum amount of $1 million per occurrence covering the communications tower and communications antennas.
H.
Ultimate disposition. The developer, or current owner, shall be responsible for the removal of the tower and the returning of the site to its original condition within one calendar year after if the tower is abandoned or the equipment is no longer operational. Landscaping installed during development of the site may remain in place. Each tower owner shall inform the Township of any changes in ownership or responsibility for a tower immediately after the change occurs.
§ 185-29 Recreational campgrounds.
Such uses are commercial in nature, normally seasonal but do have a high impact potential. They are also regulated by Chapter 147, Subdivision and Land Development, and must comply with all provisions of that ordinance relative to plan submittal and approval. Such uses shall:
§ 185-30 Commercial recreation.
These particular uses by their nature can generate noise or excessive activity adversely affecting neighboring properties. Standards shall be based upon the type of activities.
A.
Outdoor uses shall:
(1)
Have a lot of not less than 10 acres in size.
[Amended 7-13-2020 by Ord. No. 2020-01]
(2)
Present a plan for the use, time and duration of any outdoor speakers. Outdoor speakers may not be employed for musical performances. Outdoor speakers may not be employed for nonemergency use between the hours of 10:00 p.m. and 7:00 a.m.
B.
Indoor uses shall:
(1)
Have no outdoor speakers, with the exception of emergency public address speakers.
(2)
Present evidence of compliance with Labor and Industry (PA) building regulations.
(3)
If an indoor shooting range, the developer shall show adherence to best design practices, such as the National Rifle Association's NRA Range Source Book to ensure safety.
C.
Intensive uses shall:
(1)
Maintain a lot of at least 100 acres for commercial hunting operations and 50 acres for all other intensive uses.
(2)
No enclosure for commercial hunting shall be erected within 450 feet of a neighboring residence, any neighboring agricultural building used to house livestock, a school, day-care facility, or playground associated with a school. Other intensive commercial uses shall add 200 feet to all required setback areas to create a buffer zone where no intensive activities may occur.
(3)
No intensive use shall directly abut a residential district.
[Amended 7-13-2020 by Ord. No. 2020-01]
(4)
The Board of Supervisors may limit hours of operation as a reasonable additional condition of approval.
(5)
Commercial shooting ranges shall illustrate that the design and direction of all firing lanes shall not present a danger to public health and safety. The developer shall show adherence to best design practices, such as the National Rifle Association's NRA Range Source Book to ensure safety. Other intensive uses shall present a plan to minimize any noise created by activities through buffering, acoustic engineering or topography.
§ 185-31 Sawmills.
§ 185-32 Limited retail and service business.
The purpose of this use is to allow smaller retail operations in a rural environment. Such uses shall:
A.
Provide all parking as required by this chapter on lot.
B.
All compressors shall be so enclosed as to baffle their sound from surrounding uses.
C.
All dumpsters and or garbage/trash storage areas shall be enclosed.
D.
No sign for a limited retail and service business may exceed 16 square feet.
E.
No building devoted to retail or service uses shall exceed 5,000 square feet gross floor area.
F.
Illustrate that the proposal meets the definition of a limited retail and service business by presenting information about proposed goods or services to be offered, hours of operation, and any outdoor sales or services.
G.
Minimum 10 acres in Conservation District, minimum five acres in Agricultural District.
[Added 8-26-2019 by Ord. No. 2019-04]
§ 185-33 Cemeteries.
The purpose of cemeteries, under this chapter, is to provide a proper burial ground for persons. All uses and activities must be clearly and customarily incidental to this use. Prior to the establishment of a new facility or expansion of an existing cemetery, the owner shall:
A.
File a site plan to demonstrate the design and layout of the proposed cemetery or cemetery expansion and specifically illustrating: the proposed drainage plan, the internal circulation plan, and the location of accessory building(s). This plan shall meet all applicable standards of Chapter 147, Subdivision and Land Development.
B.
Connections to existing Township streets will be no closer than 50 feet to a street intersection, 15 feet to a fire hydrant, 30 feet to a driveway on the same side of the street and shall avoid streets or driveways opposite proposed means of ingress and egress.
C.
Shall demonstrate compliance with applicable State laws.
D.
All accessory uses must be clearly incidental and subordinate to the function of the cemetery.
E.
All new facilities shall have a size of at least 10 acres, and shall include a deeded right-of-way connecting the burial ground to a public road.
[Amended 7-13-2020 by Ord. No. 2020-01]
§ 185-34 Day-care centers.
Shall be allowed as a conditional use providing the following criteria are met:
A.
Any outdoor play area shall be effectively fenced from access to abutting properties or with a solid or opaque fence of at least four feet in height.
B.
For all new construction, and where feasible for existing structures, circular driveways shall be provided to deliver and pick up children. These will be for the safety of the children and the protection of the neighborhood. In any event, there shall be an off-street area for loading/unloading children.
C.
One parking space for each employee shall be required.
D.
The operator shall secure and keep current all permits from the Commonwealth or other licensing agencies.
§ 185-35 Personal care home.
The purpose of such homes is to provide residences for individuals in a home-like setting. Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residences. Personal care homes are facilities which offer food, shelter and personal assistance for a period of more than 24 consecutive hours for four or more adult residents who are not relatives of the operator and where the residents do not require hospitalization or nursing facility care. In addition, such uses shall meet the following conditions:
A.
There shall be no sign or exterior display beyond the name of the home or its use. Signs shall meet the standards of § 185-60 of this chapter.
B.
At least one additional on-lot parking space shall be provided for each two guests.
C.
No home in the R-1 or LB District shall admit more than eight guests/clients at any one time.
D.
Required local, county and/or state certifications shall be presented to the Board. Specifically included are to be applicable permits from the Pennsylvania Department of Human Services.[1]
[Amended 7-13-2020 by Ord. No. 2020-01]
[1]
Editor's Note: Original Section 314, Gas and Oil Drilling, which immediately followed this subsection, was repealed 10-9-2012 by Ord. No. 2012-02.
§ 185-36 Churches, places of assembly, schools, hospitals, and nursing homes.
A.
Shall provide all parking and loading/unloading requirements as required by this chapter.
B.
Schools shall be located on a paved public street which has two means of entrance and exit, and with a minimum cartway width of 24 feet.
C.
The design and landscaping shall be compatible with, and preserve the character of, adjoining residential uses. The Township may require screening of a type deemed necessary.
D.
All parking and recreation/play areas that abut residential uses shall provide screen planting of a type deemed sufficient by the Township.
E.
Any outdoor lighting shall be designed to prevent glare to adjoining properties, and meet the standards of Chapter 85, Lighting, Outdoor.
F.
Such uses shall have, and present, all needed local, county, state or federal permits, or applications for needed permits. If needed permits are in the application stages, the final approval for same shall be a condition prior to issuing a certificate of occupancy.
G.
The applicant shall describe any proposed use of outdoor speakers or amplified outdoor activities. The Township may limit the times for such outdoor activities as a reasonable additional condition and safeguard.
§ 185-37 Light manufacturing.
The purpose of this is to diversify the Township's economic base by providing more industrial business opportunities in business areas without jeopardizing the overall welfare of other small businesses. Such businesses shall:
A.
Describe all industrial processing and product lines in such detail to ensure the Township that they meet the definition of light manufacturing.
B.
Agree that all industrial activities and storage areas shall be contained indoors.
C.
Show a plan for minimizing the effect of any truck traffic on congested areas.
D.
Show evidence of compliance with parking, loading signage, lighting, buffering and other performance standards.
§ 185-38 Truck terminals.
Such uses are permitted subject to the following requirements:
A.
Side and rear yard setbacks shall be increased by 20 feet.
[Amended 5-22-2023 by Ord. No. 2023-01]
B.
All outdoor storage shall be in side yards (behind the front lot line) or in the rear yard.
C.
Access to roads and highways shall be clearly defined.
D.
All parking, loading and unloading facilities shall be clearly designed so motor vehicles will not be required to back into or from streets or roads when parking or leaving the premises.
E.
Provide sufficient buffer yards to dampen the effects of noise and light. At a minimum, Type I buffer yards shall be proved per this chapter on side and rear lot lines where there is a single-family dwelling within 150 feet of the proposed development.
F.
In the LB Limited Business District, no building for a warehouse or truck terminal shall exceed 50,000 square feet in gross floor area.
§ 185-39 Car washes, auto sales, and equipment sales and rental.
These kinds of businesses differ from other kinds of retail or industry in that activities and goods sold occur outside buildings.
A.
No vehicles will be parked or stored within any setback lines or encroach upon a required yard area, except customer vehicles parked on a short-term basis (less than 12 hours).
B.
There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, parts of vehicles, tires or vehicles which lack current Pennsylvania inspection stickers. The overnight parking of customer vehicles and the screened storage of approved trash containers shall be permitted.
C.
All lighting shall be indirect, or designed to prevent glare to neighboring properties and meet the standards of Chapter 85, Lighting, Outdoor.
D.
All compressors shall be enclosed to muffle their sound from surrounding uses.
E.
Car wash facilities open to the public may be required to prepare a safe yield water study as defined under Chapter 147, Subdivision and Land Development. The Supervisors may waive this requirement if a majority of the water is to be recycled.
F.
Any underground storage tanks shall be in compliance with all federal or state regulations.
§ 185-40 Multiple-family dwellings/mobile home parks.
The purpose of this conditional use is to further the affordable housing goals of the county Comprehensive Plan by allowing limited specialized housing opportunities in mixed residential/commercial areas.
A.
In the LB District, development may not exceed a density greater than one dwelling unit or one mobile home per acre.
[Amended 7-13-2020 by Ord. No. 2020-01]
B.
Provide evidence they have passed all applicable regulations for sewage disposal.
C.
Show evidence of compliance with all applicable Department of Environmental Protection regulations.
D.
Be screened from abutting single-family residential or business uses (Type I).
§ 185-41 Corporate offices, research and laboratories.
A.
In the LB District, building size is limited to 50,000 square feet of gross floor area.
B.
Parking areas shall have Type I screening per § 185-62B if they abut a single-family dwelling within 150 feet.
C.
The design and landscaping shall be compatible with, and preserve the character of, adjoining residential uses.
§ 185-42 Heavy industry.
The applicant shall provide a detailed description of the proposed use in each of the following topics:
A.
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;
B.
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size;
C.
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited performance standards under Article IV of this chapter; and
D.
A traffic study prepared by a professional traffic engineer and meeting any standards for such studies within Clinton Township.
§ 185-43 Home occupations.
Home occupations represent a potential intrusion on residential neighborhoods. They must therefore meet the following criteria:
A.
The home occupation must be carried on entirely within the dwelling unit.
B.
No more than 25% of the gross floor area of the dwelling may be used for the home occupation.
C.
Articles sold or offered for sale on site shall be limited to mail-order articles or articles for sale elsewhere.
D.
No offensive noise, vibration, smoke (or other particulate matter), heat, humidity, glare or other objectionable effects shall be produced.
E.
No equipment or processes shall be used which create interference in radio or television receivers off the premises or which cause fluctuation in utility line transmissions. Applicant will also show that electric or electronic equipment will not create an electrical fire hazard.
F.
Not more than two persons (including the owner/operator) shall be employed.
G.
If services are provided directly to patrons, no more than two patron areas (such as barber chairs or stations) shall be provided.
§ 185-44 Building material and supply yards.
§ 185-45 Salvage yards and recycling centers.
§ 185-45.1 Permitting of junkyards and salvage yards.
[Added 12-13-2021 by Ord. No. 2021-05]
A.
These regulations shall apply to all junkyards or salvage yards legally operating in the Township.
B.
All persons operating a junkyard or salvage yard must obtain a permit issued by the Township. All junkyards or salvage yards legally operating in the Township on the effective date of this section shall make application for the permit required by this section within 60 days after the effective date of this section.
C.
The permit will be effective for one year from date of issuance. The permit is subject to renewal upon reapplication and compliance with this section.
D.
Prior to issuance of a permit, applicants must first obtain all zoning approvals required by the Clinton Township Zoning Ordinance, if any.
E.
Initial application for a permit must be submitted to the Zoning Officer, who will review the application to determine compliance with this section and make a recommendation to the Board of Supervisors. The Zoning Officer shall act upon the application within 30 days after the date upon which the application was made. If the Zoning Officer recommends approval of the application, the application, along with any pertinent restrictions or requirements, will be submitted to the Board of Supervisors for final approval.
F.
In the event an application is not recommended for approval by the Zoning Officer, the Zoning Officer shall so notify the applicant in writing stating the reasons for the denial of approval, whereupon the applicant can withdraw the application or proceed to submit the application to the Board of Supervisors of Clinton Township for final decision.
G.
The Board of Supervisors shall act upon the application within 60 days after receiving the Zoning Officer's recommendation. In the event the application is not approved by the Board of Supervisors of Clinton Township, the Board shall so notify the applicant in writing stating the reasons for the failure of approval or denial, whereupon the applicant shall then have 30 days to file an appeal, in writing, to the Court of Common Pleas of Butler County, Pennsylvania, as provided by law.
H.
An initial permit application will include the following:
(1)
A plot plan showing the layout of the junkyard or salvage yard and the location of key business operations, including storage areas, parking areas, point of access from the nearest public road or roads and any other areas pertinent to the business. This plot may be hand-drawn by the owner or operator and need not be professionally prepared.
(2)
A written plan for prevention of accumulation of rubbish.
(3)
The measurement of the area to be used by the junkyard or salvage yard.
(4)
The type and number of buildings to be used.
(5)
The type and number of storage areas to be used, if any.
(6)
The type of fencing or natural barriers to be used to satisfy the requirements of this section and maintain the beautification of the area.
(7)
If application is for a junkyard or salvage yard, the plot plan must show a layout of rows and roadways within the junkyard or salvage yard as are necessary to permit movement of emergency equipment and facilities to safely accept and store any toxic or hazardous materials.
I.
If a permit is issued, such permit shall, at all times, be conspicuously displayed at the junkyard or salvage yard premises.
J.
The permit will be nontransferable, both as to the junkyard or salvage yard premises and the operator or salvage yard or junkyard dealer.
K.
No person granted a permit under this section may operate more than one junkyard or salvage yard within Clinton Township under the same permit, and that junkyard or salvage yard must be at the location specified on the permit.
L.
Application for renewal of the permit will be filed in writing with the Township Manager or Zoning Officer and will list any changes made since the original application or in the last application. The Manager or Zoning Officer will inspect the property to determine if the junkyard or salvage yard has complied with the regulations in this section. If action needs to be taken by the junkyard operator or salvage yard operator in order to come into compliance with this section, such action shall be completed before the renewal permit will be issued.
M.
Annual permit fee. An annual fee as set forth in the Township's fee schedule adopted by the Board of Supervisors will be charged for each permit.
N.
Junkyard maintenance. Every junk and salvage dealer permitted to operate under this section will maintain the junkyard and salvage yard as hereinafter generally provided:
(1)
All junk or salvage will be stored behind an opaque fence, structurally stable enough to withstand category F2 tornado wind events and at least eight feet in height, supplemented by screening material creating a visual barrier.
(2)
The fence shall be so constructed as to permit an entrance which shall be closed off by means of latching a gate of similar construction to the required fence.
(3)
The Planning Commission will analyze the screening and/or fencing required for each site as represented on the permit application and submittal to the Township, and comment on the screening and fencing for compliance with Township Ordinances.
(4)
To maintain Township beautification and for safety purposes, the operator will line public highway and property boundaries with a natural barrier of shrubbery, evergreens, or arborvitae in conjunction with any existing trees.
(5)
For junk or salvage yards located in the Township's Industrial Zoning District, fence and barrier must be installed as close to the rear and side yard established property lines as possible and 40 feet from the edge of the road right-of-way nearest the front property lines of the premises occupied by the junk or salvage yard. However, if the junk or salvage yard in the Industrial Zoning District abuts property in a different Zoning District, then fencing along the side of the junk/salvage yard abutting that adjacent property, fence and barrier must be installed 50 feet from the established side or rear property line for the adjacent property.
(6)
The Township will not be responsible for the preservation or maintenance of required screening.
(7)
All salvage will be stored and arranged so as to permit access by emergency equipment and to prevent accumulation of stagnant water and to preclude accidental runoff of hazardous materials.
(8)
Gasoline, oil or other combustible material will be stored in only one location on the premises. State and/or federal regulations for storage will apply.
(9)
Hours of operation for public sales and service shall be 7:00 a.m. to 7:00 p.m.
§ 185-46 Sanitary landfills.
The Township of Clinton limits sanitary landfills to the IP District in order to encourage the reclamation of brownfields or previously mined areas. Plans for sanitary landfills shall be approved and controlled by the Pennsylvania Department of Environmental Protection, the laws and regulations of the commonwealth and appropriate laws and regulations of the United States of America. Operators of sanitary landfills shall file with the Board written proof that they have met all permit requirements of the state and/or federal government as they may apply to a specific development. Local requirements which must be met prior to permit approval by the Board include:
A.
Minimum lot size of 20 acres; a buffer yard of 200 feet from all public rights-of-way and 400 feet from all dwellings, schools, churches, hospitals and similar residential uses.
B.
An eight-foot-high cyclone-type fence with panel weaving or similar solid fencing shall parallel all public rights-of-way and adjacent properties for purposes of preventing the passing of wind-blown litter and preventing direct visibility of the working area from public rights-of-way and adjoining properties. Barrier fences shall be maintained in good condition at all times.
C.
The barrier shall be at a minimum distance of 75 feet from all operations, and the area between the work area and barrier shall consist of a natural cover of vegetation or forestry. This strip shall not be of barren soil.
D.
The landfill shall have no more than two access routes, unless the landfill property borders three or more public rights-of-way. In such an event, approval by the Township Supervisors will be necessary to secure an additional access route. All access areas shall be maintained in a dust free condition at all times.
E.
A bond will be filed with the Township Supervisors, at an amount deemed necessary by the Board of Supervisors, to provide for protection of Township roads, which may be used for access to this landfill.
F.
The operator shall submit to the Board for approval a plan for the restoration of the landfill area, which shall include anticipated future use of the restored land.
G.
Due to bird-strike hazards, landfills are not permitted within 5,000 feet of any airport.
H.
Hours of operation shall be limited to between 7:00 a.m. and 7:00 p.m.
§ 185-47 Sexually oriented businesses.
A.
These businesses have potential negative impacts upon the community, including frequent use for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.
B.
The concern over sexually transmitted diseases is a legitimate health concern of the Township, which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens.
C.
There is convincing documented evidence of a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values.
D.
Sexually oriented businesses have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighboring blight and downgrading the quality of life in the adjacent area.
E.
Permitting and/or licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance, which addresses the secondary effects of sexually oriented businesses. Nor is it the intent of the Township to condone or legitimize the distribution of obscene material.
F.
Sexually oriented businesses, as defined herein, shall be permitted as a conditional use, provided:
(1)
The proposed business does not lie, as measured in lineal feet from the nearest boundary point of the property of the proposed use to the nearest boundary point of the property of the listed use, within 1,500 feet of:
[Amended 10-9-2012 by Ord. No. 2012-02]
(2)
Compliance with all other applicable local codes and licenses is presented to the Township Supervisors.
§ 185-48 Correctional facilities/halfway houses.
A.
Shall present the Township Supervisors with a security plan that takes into account the safety of Township residents.
B.
The proposed business does not lie, as measured in lineal feet from the nearest boundary point of the property of the proposed use to the nearest boundary point of the property of the listed use, within 1,500 feet of:
[Amended 10-9-2012 by Ord. No. 2012-02]
C.
Does not lie within 300 feet of a preexisting single-family home.
§ 185-49 Veterinary clinics.
A.
The design and landscaping shall be compatible with, and preserve the character of, adjoining residential uses.
B.
All parking and recreation/play areas that abut residential uses shall provide screen planting, and fencing as necessary to contain animals.
C.
All overnight boarding shall be conducted indoors. The clinic shall show means of adequate soundproofing.
D.
The clinic shall show evidence of sanitary means to dispose of dead animals, such as a letter of agreement with a licensed waste hauler.
§ 185-50 Flea markets.
To conform to conditional use standards, all such flea markets shall meet the following standards:
A.
The operator of the flea market shall either be the property owner, or provide evidence of written permission (such as a lease agreement) to utilize the property.
B.
The operator shall submit a plan that details public parking areas, and the number and location of proposed seller stalls.
C.
The operator shall have a contract with an approved waste hauler, and a minimum of one fifty-gallon-capacity solid waste receptacle (or equivalent dumpster capacity) for every four proposed sellers.
§ 185-51 Public utility structures.
§ 185-51.1 Parking requirement.
[Added 8-26-2019 by Ord. No. 2019-04]
Parking requirements: see § 185-55A.
§ 185-51.2 Short-term rentals; bed-and-breakfasts; Airbnb rentals.
[Added 4-12-2021 by Ord. No. 2021-03]
A.
The owners of the property upon which the short-term rental dwelling unit or residence is located must reside on the same property in a primary (principal) residence, or the dwelling unit being rented as a short-term rental may also be the property owner's primary residence, provided the primary residence is not being rented out in its entirety. If the owners of the property upon which the short-term rental is located are not residing on the same property in the primary residence, then the owners themselves or an agent or property manager engaged by the owners must be available locally 24 hours per day, seven days per week, to address complaints and problems that may arise.
C.
The maximum number of day guests or visitors allowed at any one time shall be 75% of the maximum overnight occupancy of the short-term rental.
D.
Neither occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person/people residing near the dwelling unit by loud, unusual, or excessive noise, by offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or creating a dangerous or physically offensive condition or environment.
E.
If not on a public sewer system, there shall be a septic system evaluation certifying the existing system is functioning as intended and proof that the septic tank has been pumped within the past three to five years for approval by the Township Sewage Enforcement Officer. Maximum occupancy shall be limited by the capacity of the sewage disposal system on-site.
F.
Smoke detectors must be installed in each bedroom, outside each bedroom in common hallways, and on each floor. Smoke detectors that are wired into house wiring or are wireless are preferred over battery-operated detectors. If battery-powered detectors are used, batteries must be dated.
G.
Dwelling units or rooms within dwelling units serving as the principal building on the property shall comply with the National Electrical Code and other applicable codes and requirements for residential occupancy. This applies to the proper use of both GFI and AFCI outlets.
H.
Carbon monoxide detectors are required if an open flame oil or gas furnace or wood-burning fireplace is present.
I.
The short-term rental structure, bed-and-breakfast structure, or AirBnb structure is clearly subordinate to the existing residential use of the property.
J.
Dwelling units or rooms within dwelling units serving as the principal building on the property shall comply with the Township's Building Code and Pennsylvania Uniform Construction Code requirements for residential occupancy. No rooms or areas in temporary structures shall be rented out under this use.
K.
Mobile homes, travel trailers, campers or similar structures or vehicles that can be pulled by another vehicle cannot be used as short-term rentals, bed-and-breakfasts, or AirBnbs under any circumstances.
L.
Lighting shall be in accordance with the Township Lighting Ordinance for exterior lighting.
M.
It is the owner's responsibility to make sure the address for the short-term rental unit is clearly marked at the end of the driveway and, furthermore, that a sign denoting short-term rental unit is also placed at the end of the driveway if the unit is rented more than four times per year. All signs shall be installed in accordance with the Township's Sign Ordinance and with the appropriate Township permit.
N.
A site plan shall be filed with the Township which designates the structure(s) or rooms being rented, property lines and parking areas for the structure.
O.
A zoning permit is required and must be renewed annually by the property owner. The Township's Code Enforcement Officer will inspect the property when a zoning permit is applied for or renewed.
P.
The property owner must maintain at least $1,000,000 in liability insurance on the short-term rental for the full duration of the license term and provide proof to the Township of said insurance. The Township reserves the right to change the amount of liability insurance required at any time in the future upon the advice of their insurance agent.
Q.
No street or yard parking is permitted. All parking by renters and guests must be in a parking area that has a bituminous, concrete, or gravel surface.
R.
Trash storage with weekly pickup is mandatory.
S.
Property lines must be clearly marked, and occupants and their guests must always stay on the property upon which the short-term rental, bed-and-breakfast, or AirBnb is situated. Fencing may be required delineating the property lines if disputes or claims of trespass by neighboring property owners are made.
T.
The setting off of fireworks, other displays containing combustible chemicals, and/or light displays or the discharging of firearms by renters is strictly prohibited under all circumstances. Compliance with the Township Noise and Vibration Ordinance (§ 185-59) is required without exception.
U.
Annual inspection of the dwelling unit serving as a short-term rental shall be conducted by the Township Zoning Officer or another agent of the Township.
V.
These requirements shall be posted on the door to the short-term rental at all times. The Township shall furnish these requirements in a fashion suitable for posting.
W.
Any property with a dwelling unit that is a rental property must be registered with the Township. Application with fee must be made to the Township, and the rental property must be inspected for compliance with Township zoning and County and State Building Code requirements. A license or permit will be issued by the Township. The Township Code Enforcement Officer will inspect the subject dwelling unit at the time of application for a zoning permit or at the time of permit renewal for compliance with Township zoning and Code requirements.