Douglass Township, PA Zoning Ordinance

An accessory use is permitted if it is listed as a permitted accessory use in the district use provisions. Accessory uses not listed as such are not permitted, except when the Zoning Officer determines a use qualifies as "subordinate and customarily incidental to" the principal use of the subject tract.

Accessory uses, when permitted, are subject to the district regulations, the provisions of the use regulations established herein, and all other applicable sections of this chapter.

Any proposed use that is accessory to a use that is permitted by conditional use, special exception, or variance shall require the same level of review and approval.

Uses not permitted. Any use not listed in the district in question is not permitted.

Use by variance. Any use not permitted in the district regulations or conforming to the use regulations or applicable provisions of this chapter, may be permitted if a variance for relief of those requirements is granted by the Zoning Hearing Board. If approved, the Zoning Hearing Board may impose further conditions to ensure the protection of adjacent uses, and the health, safety, and general welfare of the residents. Following approval and conditions of the Zoning Hearing Board, the use is subject to all other applicable federal, state, and local codes, permits, regulations, and standards expressed in this chapter.

§ 265-40 Legal status of uses.

The following terminology is assigned to uses, based upon their method of institution. Refer to Article XXVI of this chapter for treatment of these various circumstances.

Conforming use. The use meets all applicable standards and regulations as established in this chapter.

Nonconforming use. The use does not meet all applicable standards and regulations as established in this chapter.

Legally nonconforming use. The use does not meet all applicable standards and regulations as established in the Zoning Ordinance, but the use or property received the required Township approval through the variance process or was legally instituted prior to the adoption of this chapter or the applicable Zoning Ordinance standard.

Illegal use. A use which may or may not conform to zoning, but never received the appropriate Township approval.

A use created by special exception, variance, or conditional use approval may only undergo alteration, addition, expansion, or intensification of the use by reapplication and re-approval of the body granting original approval.

§ 265-41 Categories of permitted uses.

Accessory uses.

Use A-1: Residential Accessory Structure. A building or structure erected for the private use of the owner or occupant of a single-family dwelling unit (attached or detached), which is situated on the same lot as the residence, and used for common household purposes, storage, or vehicular parking. This includes but is not limited to a detached garage, storage shed, gazebo, deck, private greenhouse, private stables, barn, carport, children's playhouse, home gardens or shelter for pets. Residential swing sets shall not be considered structures. The following additional requirements shall apply:

All residential accessory structures shall require a zoning permit. Construction or alteration of residential accessory structures greater than 260 square feet in area shall require a building permit and use and occupancy permit with inspections.

An accessory building having less than 260 square feet may be erected within side or rear yards, provided:

It is located at least as far back from the street line as the foremost portion of the principal building, and

The distance from the accessory building to the side and rear property line is at least 10 feet. Residential accessory structures in mobile home parks shall comply with the setback requirements of Use C-6: Mobile Home Park.

There shall be no distinction between permanent accessory buildings and nonpermanent accessory buildings.

Accessory buildings having 260 square feet or more shall comply with the yard regulations applicable to the principal building on the lot.

Residential accessory structures 260 square feet or less shall not exceed 12 feet in height. Residential accessory structures greater than 260 square feet shall not exceed 20 feet in height.

Accessory buildings must be at least five feet from any other building or structure.

Use A-2: Nonresidential Accessory Structure. A building or structure erected for uses customarily incidental to a legally established nonresidential use. The following additional regulations shall be satisfied:

All nonresidential accessory structures shall require a zoning permit. An accessory structure shall not be used to establish a new or unrelated use on the premises.

Nonresidential accessory buildings must be at least five feet from any other building or structure and shall comply with the yard and setback requirements applicable to the principal building on the lot.

Nonresidential accessory buildings or structures are limited in size to 25% of the ground floor area of the principal building which it serves.

Nonresidential accessory buildings shall not exceed 20 feet in height.

Use A-3: Agricultural Accessory Structure. A building or structure on a parcel that is primarily used for cultivation of agricultural crop production for sale to the public.

All agricultural accessory structures shall require a zoning permit.

Agricultural accessory structures must be at least five feet from any other building or structure.

Agricultural accessory structures shall not exceed 20 feet in height. A maximum height of 75 feet is permitted by special exception.

Structures for livestock shall not be located in the front yard.

All agricultural accessory structures shall be located at least 100 feet from any property line.

Use A-4: Commercial Vehicle Parking. Forty-eight-hour parking of commercial vehicles over 10,000 pounds gross vehicle weight shall comply with the following regulations in residential zoning districts:

In the R-A District one vehicle may be parked on each conforming lot, provided the vehicle is owned or operated by a person residing on the lot. Vehicles used for agricultural purposes on the premises where they are parked are exempt from this regulation.

Parking more than one commercial vehicle from the same company on a residential lot is prohibited.

For more than one vehicle on a conforming R-A lot, or for one or more vehicles on a conforming lot in the R-1, R-2, R-3, or R-4 Districts, approval as a special exception must be granted by the Zoning Hearing Board, with the right to review by the Township Planning Agency and Engineer, in compliance with the following criteria:

Sufficient turning area must be provided and used on the lot so that the vehicle(s) will not have to back onto or off of the street; this requirement does not apply to residential streets.

No such vehicles shall be parked in a front yard area.

A minimum setback of 10 feet shall be required from a side or rear property line, which area shall be provided with an opaque fence or screen planting to a height of six feet.

Any such vehicle which creates noise louder than a typical automobile shall not be left running on the lot for a period exceeding 10 minutes. A typical automobile shall not be left running on the lot for a period to exceed 10 minutes.

All other Township regulations regarding noise, sanitation, etc. shall be strictly enforced.

Use A-5: Fences and Walls. Any artificially constructed barrier or structure of any material or combination of materials, erected to enclose or screen areas of land which may be located within the yard requirement of the zoning district. Fences erected on five or more acres for agricultural purposes are exempt from the requirements of this chapter, but must comply with § 265-10, Obstruction to vision at intersections prohibited. No fence will be permitted to be erected or maintained in the Township except in conformance with the regulations contained in this article. Freestanding walls and hedges that serve the same purposes as a fence shall be governed by this article as if they were fences. The following additional regulations shall be satisfied:

If the fence is wood cover or wood frame, the framework must face onto the interior of the lot, unless the fence is so designed to provide equal frame and cover area to adjoining lots.

If the fence is open metal mesh, supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh.

If the fence is of masonry construction, a finished side of all fences must be provided to the exterior side.

All fences for stormwater management areas shall have a minimum of three inches of clearance from the ground for the passage of stormwater.

In the R-A, R-1, R-2, R-3, R-4, and LC Zoning Districts, the following regulations apply:

Within the front yard of any lot, as defined herein, including both street frontage for a corner lot or a lot with double frontage, fences or walls may not exceed four feet in height, except in the case of a retaining wall. A sight triangle shall be provided.

Behind the front yard line, as defined herein, fences may not exceed six feet in height.

For corner lots, fences or walls shall comply with § 265-10 of this chapter, by providing sight triangles.

No fence or wall may be placed closer to a street than the ultimate right-of-way line as defined herein.

In the IN, GC, MU, M-1, and M-2 Zoning Districts, the following regulations apply:

Within the front yard of any lot, as defined herein, including all street frontages, fences or walls constructed of solid materials which block visibility may not exceed four feet in height, except in the case of a retaining wall.

Within the front yard of any lot, as defined herein, including all street frontages, fences constructed of open materials such as mesh, posts or rails, which allow good visibility may not exceed six feet in height.

For corner lots, fences or walls shall comply with § 265-10 of this chapter by providing sight triangles, regardless of the type of fence construction.

No fence or wall may be placed closer to a street than the ultimate right-of-way line as defined herein.

Use A-6: Home Occupations. Any lawful occupation or business activity performed for financial gain which is conducted in whole or in part by the resident(s) from their primary residence, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained. All home occupations shall meet the following requirements:

The home occupation shall be conducted by the residents of the dwelling.

The home occupation shall not occupy more than 25% of the total floor area of the dwelling or 500 square feet, whichever is less.

There shall be no employees other than the residents of the dwelling.

There shall be no exterior displays of goods visible from the outside.

There shall be no storage of materials or products outside a principal or accessory building or other structure.

There shall be no external alterations which are not customary in residential buildings.

There shall be no impact on abutting properties.

There shall be no required deliveries or trash pick-up in excess of that required normally in residential areas.

There shall be no direct retail sales on the premises.

Office or studio of a doctor, dentist, teacher, artist, architect, tutor, landscape architect, musician, lawyer, engineer or practitioner of similar character (Use E-2 Business/Professional Office and Use D-27 Studio), barber shop, beauty shop, shop of dressmaker or tailor (Use D-20 Personal Service), and family day-care homes (Use A-7 Family Day-Care Home) shall have the following additional requirements:

There shall be no more than one employee who does not reside in the dwelling.

There shall be no more than four visitors associated with the home occupation at any one time.

Signs must meet the requirements of Article XXIV, Sign Regulations.

Home occupations not specifically listed above shall meet the following requirements:

There shall be no visitors at any time associated with the home occupation.

There shall be no parking spaces required in addition to those required for the residence.

There shall be no signs.

Use A-7: Family Day-Care Home. A family residence other than the adult or child's own home in which day care is provided at any one time up to six people, who are not relatives of the resident caregiver. Family day-care homes are permitted as accessory uses in the R-1, R-2, R-3, L-C districts by-right, and in the MU and LOR by conditional use. Family day-care homes shall meet the following requirements:

Registration. Each operator of a child or adult day-care center, family day-care home or group day-care home shall register with Douglass Township prior to the initiation or modification of such use. The operator must certify compliance with all aspects of this chapter as well as all other applicable Douglass Township requirements and Commonwealth of Pennsylvania requirements for child and adult care.

Inspection. The operator of a child or adult day-care facility shall permit authorized agents of Douglass Township to enter the property to inspect such use for compliance with requirements of this section and all other applicable Township ordinances and state statutes and regulations.

Day-care facilities must hold an approved Pennsylvania Department of Public Welfare (child day care) or Department of Aging (adult day care) certificate or license, as appropriate and comply with all applicable state regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes. Administrators providing day care services must conduct background checks on all job applicants to determine their suitability for employment in a day care program.

For residences abutting residential streets, permitted on-street parking areas may be used for non-resident employee parking and passenger drop off/pick up space, provided that the child drop off/pick up is conducted on the same side of the road as the subject property.

For residences abutting semi-controlled access and collector streets, one additional off-street parking space shall be provided for non-resident employee and one safe passenger drop off/pick up space measuring at least 10 feet by 20 feet shall be provided. In addition, the off-street parking area shall be designed so that vehicles can turn around in the parking area in order to avoid the danger of backing onto a street.

Each home shall have a minimum of 40 square feet of indoor space for each child, measured wall-to-wall, inclusive of space occupied by cupboards, shelves, furniture and equipment, but exclusive of halls, bathrooms, offices, kitchens, locker rooms and related areas.

Each home shall have a minimum of 30 square feet of outdoor play space for each child, to be located only in the rear yard of the residence.

The outdoor play area shall not be located within 10 feet of an adjoining property line.

The outdoor play area shall be surrounded by a safety fence impenetrable by children or small animals, with a minimum height of four feet and constructed of materials suitable to the existing residential environment.

Time of operation shall be limited to the hours between 6:00 A.M. and 7:00 P.M.

Outdoor play shall be limited to the hours between 8:00 A.M. and 7:00 P.M.

In the Limited Office Residential Overlay District, the minimum lot area shall be 15,000 square feet.

Use A-8: Outdoor Storage/Display. The outdoor keeping of inventory, stock, material, merchandise, or any goods in an unroofed or open area for more than 24 hours for sale or storage purposes. Seasonal items and vehicles are excluded from these provisions.

All outdoor storage areas shall be enclosed by a fence, wall or planting screen adequate to conceal the facilities from the street or abutting properties to limit the visual and acoustic impacts of these functions. Storage outside enclosed by a fence or landscape screen shall conceal stored items from view at a five-foot level when standing at the street or property line.

Outdoor storage must be kept within the building setback lines and may not infringe on the minimum vegetative area. No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yards, shall be occupied by outside storage. No more than 50% of the lot area shall be used in outdoor storage.

No flammable or explosive liquids, solids or gasses shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.

No materials or waste shall be deposited upon the lot in such form or manner that they may be transferred off the lot by natural causes of forces.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. All outdoor storage areas shall be set back a minimum of five feet from all parking areas.

Use A-9: Accessory Roof-Mounted Solar Energy System. An alternative energy system that consists of one or more building mounted or integrated solar collection devices and solar energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy and is an accessory use to a residential, industrial, institutional, agricultural, or commercial use. Accessory ground-mounted renewable energy systems shall be sized and intended to be used to generate electricity for the principal use to which it is accessory.

When located on a flat roof, solar energy systems under this use are exempt from the district height requirements.

When located on a sloped roof, solar energy systems under this use shall not exceed the highest point of the roof to which it is attached.

A three-foot setback from all roof ridges shall be provided for roof-mounted solar panels to ensure that firefighters may access the roof in a quick and safe manner.

A 1.5-foot setback from all roof hips and valleys shall be provided for roof-mounted solar panels to ensure that firefighters may access the roof in a quick and safe manner if solar panels are installed on both sides of the roof hip or valley.

Installed solar modules shall be constructed with at least one anti-reflective layer to reduce reflectivity.

Use A-10: Accessory Ground-Mounted Renewable Energy System. An alternative energy system that consists of one or more ground mounted or free-standing solar or wind collection devices and solar or wind energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar or energy to a different form of energy and is an accessory use to a residential, industrial, institutional, agricultural, or commercial use. Accessory ground-mounted renewable energy systems shall be sized and intended to be used to generate electricity for the principal use to which it is accessory. Accessory ground-mounted wind energy systems are only permitted with special exception approval.

The minimum lot size for accessory ground-mounted renewable energy systems is one acre.

Accessory ground-mounted renewable energy systems shall not be permitted in front yards. Solar energy system components are prohibited between the building line and a street unless the applicant demonstrates that the rear yard location will not result in acceptable solar access and can be installed to meet all other requirements. Energy system components shall not encroach upon any stormwater management facility or right-of-way or easement, including but not limited to water, stormwater, sanitary sewer, natural gas, telephone, and electrical easements.

Accessory ground-mounted solar energy systems shall not exceed 15 feet in height. An accessory ground-mounted solar energy system may exceed the applicable maximum accessory structure height if it will cover an impervious surface parking area. Height may not exceed the height of the primary structure that the parking area serves. Minimum height of the parking canopy must allow clearance for emergency service and service vehicles.

Ground-mounted or freestanding wind energy systems shall not exceed 60 feet in height.

Accessory ground-mounted solar energy systems must meet the applicable setbacks for the zoning district in which the system is located. A ground-mounted or freestanding solar energy module or array may not extend into any applicable yard setback when oriented at minimum design tilt. Wind energy systems shall be set back from property lines a distance equal to the total height of the wind turbine from all inhabited structures off-site, overhead utility lines, and public roads or rights-of-way.

Installed solar modules shall be constructed with at least one anti-reflective layer to reduce reflectivity.

For purposes of determining compliance with coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding renewable energy collectors, including solar photovoltaic cells, panels, arrays, and inverters shall be considered pervious coverage provided that pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays.

There shall be a minimum of 30 feet between the ground and the lowest part of the rotor blade for wind energy systems. No blades may extend over parking areas, driveways, or sidewalks.

Noise from wind energy systems shall not exceed 50 decibels.

A plot plan shall be submitted with the application.

Use A-11: Outdoor Dining. An eating area with tables and chairs that is located outside of and accessory to Use D-16: Microbrewery/Microdistillery/Microwinery, D-22: Restaurant, Dine In, or D-23: Restaurant, Take Out. The following additional regulations shall be satisfied:

Outdoor dining shall not obstruct or interfere with pedestrian circulation on or off-site and shall have unobstructed aisles and entrances. When conducted in the right-of-way, a minimum of five feet of sidewalk width shall remain unobstructed.

A minimum of five feet shall be maintained between fire hydrants and outdoor dining areas.

If located in a parking lot or street right-of-way, the outdoor dining area shall be physically separated from drive aisles, parking spaces, or any motor vehicle traffic area by a railing, fence, planter box, or combination thereof.

If located in a parking lot, minimum parking requirements for the principal use shall still apply.

Applicable outdoor dining areas must meet all required building codes.

Use A-12: Communications Antennae. The following regulations shall apply:

An antenna that is attached to an existing communications tower, smoke stack, water tower or other tall structure is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure a full site plan is not required.

An antenna that is either ground mounted, not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted requires a special exception in all districts except for the M-1 Office and Light Industrial and M-2 Manufacturing Industrial Districts.

All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited, unless otherwise permitted in the zoning district in which the antenna is located.

Standards of approval of all communication antennae:

Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

Setbacks from base of antenna support structure. The minimum distance between the base of the support structure and any property line shall meet the requirements of § 265-14.

Antennae support structure safety. The applicant shall demonstrate that the proposed antennae and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. A structural analysis shall be provided. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a maximum of eight feet in height.

Screening/softening buffer. A screening/softening buffer shall be provided for the support structure, the fence surrounding the support structure and any other ground level features (such as a building) in accordance with § 230-47 of the Township's Subdivision and Land Development[1] Ordinance. The applicant may use any combination of existing vegetation, new vegetation, topography, walls, decorative fences or other features, provided an effective buffer is created. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, buffering is not required.

Editor's Note: See Ch. 230, Subdivision and Land Development.

In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other communication companies, and local police, fire and ambulance companies.

The applicant must demonstrate that it is licensed by the Federal Communication Commission.

Antennae shall utilize stealth design. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted in order to reduce visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structure may be artificially lighted except when required by the FAA.

A full site plan submission is required for all antenna sites except those utilizing existing structures. The plan shall show the antenna, antenna support structure, building, fencing, buffering, access and all other applicable items required in the Township Subdivision and Land Development[2] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Standards of approval of special exceptions.

The applicant is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.

If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other communications providers, other communications towers (fire, police, etc.) and other tall structures. The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

Use A-13: Drive-Through Facility. Any building, design, facility, or structure, or portion thereof, from which a business, product, or service is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during the transaction:

A minimum of eight automobile waiting spaces shall be required for single-lane drive-through facilities and six per lane for double-lane drive-through facilities. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation, parking or deliveries to the tract.

These vehicle stacking spaces shall not interfere with parking spaces, drive aisles, or internal circulation of the site.

Use A-13: Drive-Through Facility will require an additional 10,000 square feet of lot area.

Ingress to the drive-in facility shall occur from an aisleway within the interior circulation of the lot, and not directly from a principal or minor arterial highway.

Egress from the drive-in facility shall not occur within 15 feet from a pedestrian entrance or exitway to the building.

A clearly marked crosswalk shall connect the entryway(s) to the parking lot and shall be situated perpendicular to the drive-through stacking lane.

A drive-through facility shall not be located within the front yard area.

Lighting for all drive-through service areas shall be installed in a manner that safely, but not excessively, illuminates the drive-through areas without spillage onto adjacent uses or parcels.

Landscaping for all drive-through service areas shall be installed in a manner which safely shields the stacking lanes, drive-through aisle and drive-in windows from view of neighboring uses or parcels.

Use A-14: Mobile Food Vendor. A self-contained food service operation, located in a readily movable motorized, wheeled, or towed vehicle, used to store, prepare, display, or serve food intended for individual portion service. The following shall apply:

Mobile food vendors must comply with all federal, state, and local licensing, which includes obtaining a business license, up-to-date records on health inspections, as well as any and all other permitting regulations and all business tax, sales tax, and other tax requirements.

Mobile food vendors shall not be permitted to park and operate for more than seven consecutive days unless operation is part of a special event or if authorized by the Township to do so. A zoning permit is required for operation greater than seven consecutive days in a thirty-day period.

Insurance. Mobile food vendors must maintain all motor vehicle insurance coverage required by applicable state and federal laws and regulations.

Hours of operation. Mobile food vendors may operate between 6:00 a.m. and 10:00 p.m. unless otherwise restricted by the property owner. The Township may permit extended hours of operation upon written permission from the property owner, provided that extended hours do not violate Township noise or nuisance ordinance requirements.

Mobile food vendor operations, including any canopies, signage, equipment, and seating areas, may not occupy more than four parking spaces per vendor. Vendors not parked within designated parking spaces shall not block fire lanes, designated traffic lanes, or ingress or egress to or from a building or street, and shall not impede vehicle circulation.

All applicable parking requirements for the principal use on the lot shall be met.

Mobile food vendors shall serve pedestrians only. Drive-through or drive-in service is prohibited.

Waste collection. The area of a mobile food service vehicle operation must be kept neat and orderly at all times. During each period of operation at a location, the operator must provide proper trash receptacles for public use that are sufficient and suitable to contain all trash generated by the mobile food service vehicle. All trash receptacles must be emptied when full, and all waste must be removed prior to departure of a mobile food service vehicle from a location.

Use A-15: Swimming Pool. A body of water or receptacle for water having a depth at any point of 18 inches or greater which is primarily used or intended to be used for swimming or bathing. The following additional regulations shall be satisfied:

Construction permit and approval.

Before any work is commenced on the construction of a swimming pool or on any alteration, addition, remodeling or other improvement to a swimming pool, an application for a permit for construction, together with plans and specifications pertinent to the construction, as well as explanatory data, shall be submitted to the Township. No part of the work shall be commenced until approval has been granted to the applicant by a written permit. No concrete shall be placed until a satisfactory inspection has been made by the Township.

All plans, including a plot plan, shall bear the name and seal of a registered architect or registered engineer. The plot plan shall show the location of all buildings and the proposed pool on the property, distances to all property lines in the immediate vicinity of the swimming pool and dwelling, and the location of wells, sewage disposal systems and enclosure or fence around the pool.

Standard pools, properly designed by established swimming pool companies and having the approval of a registered engineer or registered architect shall be acceptable when accompanied by suitable plans and specifications, including information required above.

Enclosure.

Every swimming pool shall be completely surrounded by a fence, wall or similar enclosure not less than four feet in height, which shall be so constructed with no openings, holes or gaps larger than two inches in any dimension. If the fence or wall is a picket fence, the horizontal dimensions maintained shall not exceed four inches. A dwelling, wall, or accessory building may be used as part of such enclosure.

All gates or door openings through such enclosure shall be equipped with a self-closing, self-latching device on the pool side for keeping the gate or door securely closed at all times when not in use, except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped. The fence shall surround the pool and the deck area. Fences shall be erected around all existing swimming pools no later than June 1, 1989.

Location on the property.

A swimming pool shall be located at the rear or along the side of the dwelling where practicable.

There shall be a minimum of three feet of concrete, stone, brick or block sidewalk or other all weather surface around all pools, except portable above-ground pools.

Swimming pools or appurtenances including decks and shelters shall be set back from property lines the same distance as required by the Zoning Chapter for buildings or structures in the district where such facilities are located.

No swimming pool shall be located so as to interfere with the operation of a well or on-site sewer system, or be located where there is potential danger of a sewer system discharging into the pool or onto the adjacent area around the pool.

Design and construction requirements.

Material. The material used for lining a swimming pool shall be light in color, impervious and shall provide a tight tank with easily cleaned surfaces. Uncovered sand or dirt bottoms are prohibited.

Walls and bottoms. All pool walls and bottoms shall be designed to withstand water pressure from within and to resist the pressure of earth or ground water when the pool is empty.

Steps, ladders, handholds. One or more steps, ladders, stepholes or handholds shall be provided for all pools. The coping of the swimming pool, if not higher than eight inches above the water surface, shall be considered a handhold.

Make-up water. Pools shall be equipped with suitable facilities for adding make-up water as required. There shall be no physical connection between the water supply line and the pool system. When make-up water is added to the pool, the inlet shall be at least six inches above the pool water surface.

Drainage outlet. No pool water shall be drained at the curb, along the gutter line of any street or on the surface of any street.

Recirculation. Provision shall be made for complete circulation of water throughout the pool. The system shall be designed and constructed so that there is a turnaround at least once every twelve-hour period. Recirculation systems shall consist of pumping equipment, hair-and-lint catcher, filters, together with all necessary pipe connections to the pool inlets and outlets, facilities and pipe connections necessary for backwashing or cleaning filters.

Safety equipment. Life preservers, ropes and poles shall be readily available at the pool site.

Portable pools.

Above-ground pools are not subject to permit or design requirements as set forth herein. Above-ground pools are subject to permitting requirements under the International Pool and Spa Code. However, all such pools having walls less than four feet in height shall be enclosed in accordance with the provisions of § 265-41A(15)(b).

Portable above-ground pools having walls four feet or greater in height are excluded from the fencing requirement only if such pools are equipped with access ladders which may be raised and locked in a near vertical position when the pool is unattended. An above-ground pool as described in this paragraph which is served by a ladder or steps which cannot be raised and locked to prevent access by small children shall be enclosed in accordance with § 265-41A(15)(b).

Property rights. No swimming pool shall be so located or maintained as to interfere unduly with the enjoyment of the property rights of others.

Shielding lights. Lights used to illuminate any swimming pool shall be so arranged to reflect light away from adjoining premises.

Unnecessary noise. It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool, any loud, unnecessary or unusual noise which disturbs, injures or endangers the comfort, health, peace or safety of others.

Impervious surface. Pool water shall be calculated as impervious surface.

Electrical connections.

All electrical installations shall conform to the specifications of the National Electrical Code. No electric wires or conductors shall cross, either overhead or underground, on any part of the swimming pool, nor shall any electric wiring be installed parallel to any pool wall closer than five feet, if underground, unless enclosed in a rigid conduit, or within five feet, if overhead.

All underwater lights must be watertight, self-contained units with ground connections running from a waterproof junction box to a proper grounding facility or medium. All underground electric wires supplying current to said lights within a distance of five feet of a pool wall shall be enclosed in rigid conduits.

All metal fences, enclosures or railings, or other electrically conductive components near or adjacent to a swimming pool, which might become electrically charged as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded.

Use A-16: Accessory Dwelling Unit. An accessory dwelling unit (ADU) is a dwelling unit that is accessory to a single-family dwelling that is located on the same lot. Use A-16: Accessory Dwelling Unit is only permitted upon special exception approval by the Zoning Hearing Board in the R-A, R-1, and R-2 Districts and when the following requirements are met:

Limitation. One ADU may be permitted per lot where use C-2: Single-Family Detached Dwelling is established as the principal use of the lot.

Occupancy.

The use permit for the ADU shall be in effect only so long as either the principal dwelling or the ADU is occupied by the owner of record of the property.

An ADU shall only be occupied by the owner of record or an immediate family member of the owner of record of the property that is related to the owner of record by blood, marriage, or adoption.

No more than three people shall occupy an ADU.

A separate EDU is required for the use.

Design and development standards.

Dimensional requirements. ADUs shall meet the setback and coverage requirements for principal structures in the underlying zoning district.

Attached ADUs. All ADUs shall be attached to the principal building or within the principal building. They shall have an entrance separate from the entrance to the primary residence. This entrance may not be a part of the front facade of the primary residence.

Maximum size. The maximum permitted floor area of an ADU shall be the lesser of 40% of the living area of the primary residence or 1,200 square feet.

Maximum building height.

ADUs attached to the primary residence shall not increase or exceed the height of the existing primary residence.

Parking. Required parking spaces associated with the accessory unit shall share the driveway of the primary residence and conform to all applicable standards of the underlying zoning district. Parking shall comply with the requirements of Article XXV, Off-Street Parking.

General design. The design of the accessory unit shall relate to the design of the primary residence by use of similar exterior wall materials, window types, door and window trims, roofing materials, and roof pitch. Windows on the ADU shall be offset from neighboring residences to preserve privacy.

An ADU may not be a mobile home, motor home, or trailer.

Agricultural uses.

Use B-1: Agricultural uses. The active use of land for growing and harvesting of crops, as food for humans or animals, and also including nursery, greenhouse production, horticulture, and forestry uses; and/or the raising, consumption and/or selling of livestock as a source of meat, poultry, dairy products, hides or other animal products. Agricultural use and agricultural purpose shall be interchangeable terms. The following additional regulations shall apply:

The tract is at least five acres and buildings used in the keeping or raising of livestock or poultry shall be setback a minimum of 100 feet from an ultimate right-of-way line and 50 feet from any other property line.

At least 50% of a parcel, lot, or tract must be actively used for agricultural purposes as defined in Article II to qualify as an agricultural use.

The keeping of animals other than domesticated pets shall be limited to lots of at least one acre, provided that less than 50% of the lot is used for livestock purposes. This includes chickens, and their shelter must be setback at least 50 feet from a property line. Free ranging of livestock is not permitted for properties of one acre or less.

Use B-2: Agritourism Enterprise. Activities conducted on and accessory to a working farm and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in the farm operation. These activities must be directly related to agricultural or natural resources. Typical agritourism enterprises include but are not limited to: U-pick operations, Christmas tree farm/cut your own, wineries and winery tours/tastings, corn mazes, farm-related interpretive facilities and exhibits, agriculturally related educational and learning experiences, events/fairs/festivals, on-site farm/garden/nursery tours, horseback riding, event space, recreation-related operations(outfitters/fishing and hunting facilities/bird-watching/cross-country skiing). Agritourism enterprises are permitted as a by-right use in the R-A District.

Applicants must submit a land development plan identifying the location of the agritourism enterprise, all farm buildings, dwellings, existing and proposed driveways, access drives, parking areas, vehicle turn around areas, location of sanitary facilities (if required) and buffer and landscaping.

Parking shall be in compliance with Article XXV. Parking is not permitted in the street right-of-way.

Sanitary facilities shall be provided in accordance with PA DEP requirements.

All prepared food for sale must be prepared in accordance with applicable federal, state, or local regulations.

Permanent structures associated with agritourism enterprises shall comply with the dimensional regulations in the R-A Residential Agriculture District.

The applicant shall submit evidence that all state and federal requirements have been met prior to the issuance of a final occupancy permit.

If the activities will involve periodic special events, compliance with the regulations for each activity shall be required. All building permits and ADA requirements to meet the building code must be completed.

Use B-3: Community Garden. Land managed and maintained by public/nonprofit organization or group of individuals to grow and harvest food crops and/or ornamental plants for use or donation. This use is permitted by conditional use in all zoning districts.

Community gardens shall comply with the lot size and dimensional restrictions of the district in which they are located.

Use B-4: Riding Academy/Stable. A riding academy, livery, or commercial boarding of horses shall be permitted, provided that:

Animal sheds and storage buildings shall not be located closer than 100 feet to any property line.

Residential uses.

Use C-1: Country Residence. A single-family detached home on lots of at least four acres in the R-A District and two acres in the R-1 District. County residences are permitted in the Residential Cluster Development Overlay by conditional use in the R-1 and R-A if the following conditions are met:

It is infeasible to develop the tract in question for cluster development under the Residential Cluster District due to factors such as the size or shape of the tract or the location of natural features.

The proposed development will not have a disruptive effect on the existing topography, floodplains, wetlands, mature woodlands or other natural features on the site.

The proposed development shall be consistent with good design principles and land development practices. Specifically, it shall be designed to minimize views of dwellings from exterior roads, and to avoid "stripping out" of lots along those roads.

The tract in question can be developed in a manner consistent with community goals as expressed in the Douglass Township Open Space Plan.

Use C-2: Single-Family Detached Dwelling. A building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.

Use C-3: Single-Family Attached Dwelling (Townhouse). A townhouse or rowhouse is a single-family attached or semi-detached (in the case of end units) dwelling within a multi-dwelling building, consisting of at least three but no more than five such dwelling units, with each unit occupying the total space from ground to roof, and joined to each other by not more than two vertical, common party walls, which also serve as the lot line dividing the properties. Townhouses may be 1, 2, or 3-level dwelling units, provided they do not exceed the district height limitation.

Use C-4: Single-Family Semi-Detached Dwelling (Twin). A two-family building with dwelling units placed side-by-side, with each occupying the total space from ground to roof, and joined to each other by a vertical, common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall.

Use C-5: Two-Family Detached Dwelling (Duplex). A two-family building with two separate dwelling units, one over the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot.

Use C-6: Mobile Home Park. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more lots, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of manufactured homes. Mobile home parks shall comply with the following regulations:

Mobile home parks may contain manufactured homes of singular width, multiple width, or both, single-family detached modular homes, conventionally built single-family detached homes, or a mixture of any of the above.

Travel trailers and motor homes or similar non-powered or self-powered transient vehicles are prohibited.

Not more than 40% of the total number of dwelling units in a manufactured home development may be conventionally-built or modular single-family detached dwellings.

No part of any manufacture home development shall be used for nonresidential purposes, except such uses that are required for the district servicing, recreation and well-being of the residents and for the management and maintenance of the development, and are not otherwise prohibited by any provisions of this chapter.

Nothing in this chapter shall be deemed as prohibiting the rental, sale or resale of a manufactured home located on a manufactured home stand and connected to the pertinent utilities. Similarly, a model or display area is permissible on a temporary basis provided those models are developed in accordance with all applicable regulations of this chapter, and other applicable ordinances and use of the models for sales or rental promotion ceases when the project is fully developed.

Accessory uses and structures customarily incidental to the maintenance, servicing and well-being of manufactured home development residents shall be permitted only as part of an approved development plan for the site.

Accessory uses on individual manufactured home lots, customarily incidental to manufactured homes, or other dwellings, such as storage sheds, shall be permitted on the individual manufactured home lots provided the site design provisions of this section and other applicable ordinances are complied with.

Added rooms specifically designed by the manufactured home manufacturers for enlargement of manufactured homes and other additions architecturally compatible with the unit may be joined onto a manufactured home provided all site design requirements and other applicable ordinances are met.

Conditional use criteria. A manufactured home park development may be allowed by the Township Board of Supervisors as a conditional use in the R-3 Residential District only, pursuant to the procedure specified in accordance with § 265-255 of this chapter and subject to the following standards. The burden of proving compliance with these standards shall be on the applicant. All manufactured home park developments shall comply with the provisions of the R-3 Residential District.

The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction and in the manner approved.

Any parcel to be used as a manufactured home development must have a minimum tract size of 10 contiguous acres of land.

At least 50% of the site must be composed of developable land as defined in this chapter.

Any site proposed for a manufactured home park development shall not be subject to adverse environmental influence, such as swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.

Any site proposed for a manufactured home development shall not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare, as defined by the governing body and all appropriate ordinances.

The location of all manufactured home developments shall be protected by screening or other appropriate means against any undesirable off-site views or any adverse influence (such as heavy commercial or industrial use, heavy traffic or brightly lighted activities) from adjoining streets and areas.

Manufactured home developments shall not be located directly abutting conventionally-built single-family detached housing of significantly different unit value and density than the proposed manufactured homes, except where extensive natural buffering exists and will be retained, or can be created, so as to functionally and visually separate the two sites, or where compatible units of modular or conventionally-built homes will be located in the manufactured home development adjacent to the existing residences. The developer shall provide any necessary transition between differing residential structural types, unit values and densities within the manufactured home development tract.

Any tract intended for a manufactured home development must have direct access to a feeder-type road (or a road of a higher classification), as defined by the Township Comprehensive Plan or Ultimate Right-of-Way Ordinance, which the Township governing body deems capable of accommodating the transport of manufactured home units, upon recommendation of the Township Engineer. Plans evidencing provision for safe and efficient ingress and egress to and from the public streets and highways servicing the manufactured home development district, without causing undue confusion or interference with the normal traffic flow, shall be submitted to the Township governing body and must be approved by the Township Engineer, who shall make the determination based on the adequacy of the thoroughfare to carry the additional traffic generated by the manufactured home development.

The applicant shall demonstrate to the satisfaction of the governing body that he has complied with or will comply with all requirements of Chapter 179 of Title 25, Part I, Subpart D, Article II of the Rules and Regulations of the Pennsylvania Department of Environmental Resources, and with all other pertinent regulations of the Commonwealth of Pennsylvania which are applicable to manufacture home parks.

Density. The total number of dwelling units in a manufactured home park development shall not exceed a maximum density of four per developable acre. All area not contained in development acreage as defined in this chapter shall be excluded from density calculations. If for any reasons this maximum density is not attainable on a particular tract due to the need to conform to the site design requirements of this section, the maximum permissible density shall be reduced accordingly.

The lot size and dimensional standards otherwise required under the R-3 Residential District for single-family detached dwellings shall apply to lots which will be used for modular homes or conventionally-built single-family detached homes located within the manufactured home park development.

Site design.

Setback from tract boundary. No manufactured home or other primary building may be located closer than 50 feet from any boundary of a manufactured home park development regardless of whether that boundary abuts a lot, water body, road or other right-of-way. In the event a manufactured home park development abuts another such development, this may be reduced to 25 feet.

Setback from internal streets. In no case shall the long side of a manufactured home, or any side of another primary building or accessory use, be located closer than 25 feet to the ultimate right-of-way line of any public street, or the equivalent right-of-way line of private interior roadways, or to the edge of any common pedestrian walkway, within a manufactured home development; provided, however, that the short side of a manufactured home may be located no closer to these facilities than 20 feet. No more than six homes in a row shall have the same setback; where varied setbacks are utilized, the difference shall be at least four feet.

Setback from common parking facilities. No manufactured home or accessory use shall be located within 25 feet of the edge of pavement of any common parking area.

Lot size. All manufactured home lots in a manufactured home development, regardless of tenure, shall have a minimum lot size of 6,500 square feet, when on-lot parking is provided, except that this may be reduced to no less than 6,000 square feet when common parking is provided.

Lot width. No individual manufactured home lot shall be less than 60 feet in width at the building setback line. No individual manufactured home lot shall be less than 25 feet in width at the right-of-way line of a public street or the equivalent right-of-way line of a private street, as applicable, on curved streets or cul-de-sac turnarounds.

Side and rear setbacks. No manufactured home or accessory buildings may be located closer than four feet to any side or rear lot line of an individual manufactured home lot, provided however, that all minimum requirements of § 265-41C(6)(l)[8] must be met, and provided further that accessory buildings may be located on the lot line if physically joined to each other with a common wall located on the property line.

Unit location on individual lots. Manufactured homes placed on individual lots are encouraged to utilize the minimal setbacks specified in § 265-41C(6)(l)[6], and to be placed off-center on the lots so as to provide a larger usable open yard space and outdoor living area in one section of the lot.

Distance between structures. Manufactured homes and roofed structures or areas attached thereto shall be separated from each other, and from other buildings and structures, other than accessory structures, at their closest points by a minimum of 20 feet, provided however, that whenever two manufactured homes have their longer sides parallel or essentially parallel to each other for more than 25% of the length of either, the minimum distance between the two manufactured homes shall be 30 feet. The sides shall be considered essentially parallel if they form an angle of less than 45° when extended to intersect.

Lot coverage. The maximum coverage of any individual manufactured home lot by all primary and accessory buildings and structures, including covered patios or decks, shall be no greater than 25%.

Height. No structure built in a manufactured home development district shall exceed a height of three stories or a minimum of 35 feet.

Preservation of natural features. No manufactured home or other structure shall be located within an area defined as floodplain by the Township Flood Plain Ordinance, nor shall any manufactured home be placed on steeply sloped land having a natural grade of 15% or greater, nor shall said steep slope land be graded to a lesser percentage slope for the purpose of accommodating a manufactured home, unless approved by the Board of Supervisors upon recommendation of the Township Engineer and Planning Agency.

Design alternative. In addition to the modification of requirements permitted by § 265-24 of this chapter, the following regulations are designed to encourage clustering of lots for site design flexibility, preservation of natural features, and to maximize accessibility to recreation areas upon approval of the governing body, following a written request from the applicant:

Minimum lot size and width may be reduced up to a maximum of 10%, provided at least 50% of all lots so reduced shall directly abut a part of the common open space for a distance of at least 20 feet.

An area equal to that by which each lot is reduced shall be added to the minimum common open space required by the R-3 District. All other regulations remain as stated herein.

(m)

Service buildings. The structure or structures containing the management office and other common facilities shall be conveniently located for the use intended. Consolidation of laundry, recreation, management, and other common facilities in a single building and location is encouraged, if the single location will adequately serve all manufactured home lots.

(n)

Maintenance. Prior to development plan approval, provisions shall be established for the maintenance of all common elements, acceptable to the Board of Supervisors upon recommendation of the Township Solicitor.

Use C-7: Multifamily Development. A detached residential building containing three or more dwelling units with units arranged in a variety of combinations including side-by-side, over and under, or back-to-back with another dwelling unit. The following additional standards shall be satisfied:

The dwelling units may share outside access and internal hallways, lobbies, and similar facilities.

The dwelling units cannot be individually lotted, but shall share a lot or parcel on which the building is located; except under condominium law.

Any accessory use on the same lot with and that is determined to be customarily incidental to this use by the Zoning Officer is permitted. Such accessory use(s) may include but is not limited to any administrative offices, laundry facilities, refuse collection facilities, or recreation facilities that are used exclusively by residents, their visitors, or employees.

Use C-8: Multifamily Conversion. The remodeling or alteration of a single-family home to a multifamily use.

Conversion of single-family houses to multifamily is permitted by special exception in the L-C District, provided there are no more than five dwelling units in any one building.

Use C-9: Independent Living Unit. A single-family detached, single-family semi-detached, or single-family attached dwelling unit within a Continuing Care Retirement Community.

Use C-10: Assisted Living Unit. A dwelling unit within a Continuing Care Retirement Community providing a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living.

Use C-11: Nursing Home Unit. A living arrangement within a Continuing Care Retirement Community that provides nursing care and related medical services on a twenty-four-hour basis to two or more individuals because of illness, disease, or physical or mental infirmity, and including specifically designed memory care units. Provides care for those persons not in need of hospital care.

Use C-12: Active Adult Community. A planned residential community with usable open space and recreation facilities. On-site services like a medical office or cafe that serve only the residents of the community are permitted. Each residential unit will only be permanently occupied by persons aged 55 or above with the following exceptions:

A spouse under 55 years if married to a resident over that age.

Up to two children, or one child and one child-in-law, over 18 years of age, residing with at least one parent over 55 years of age whose presence is required to care for that parent.

A spouse under 55 years of age who is the surviving member of a previously qualified household.

A live-in nurse or similar caretaker whose presence is required to care for an occupant over 55 years of age.

Any adult child with special needs that must reside with at least one qualified parent.

Commercial uses.

Use D-1: Adult Use. A building or portion thereof that includes an adult bookstore, adult dancing establishment, adult motion picture theater, or similar use where specified sexual activities are performed or where specified anatomical areas are viewed by persons other than the artist and one other person with the consent of the client. Adult uses are permitted in the General Commercial District only when authorized by the Zoning Hearing Board as a special exception in compliance with the standards and criteria of Article I and Article XII, GC: General Commercial District. The following shall apply:

Any adult use shall not be located within 500 feet of a residential zone, church, playground, park or any other adult use unless a waiver is obtained as provided for in § 265-41D(1)(c) hereof.

Any adult use shall not be located within 1,000 feet of a school unless a waiver is obtained as provided for in § 265-41D(1)(c) hereof.

A waiver shall be granted upon the following conditions:

In the case of an adult use to be located within 500 feet of a residential zone, church, playground, park or any other adult use:

When 51% of the persons owning real estate or residing on real estate or operating a business, within 500 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When the applicant for the proposed adult use has complied with § 265-26 of this chapter where applicable.

In the case of an adult use to be located within 1,000 feet of a school:

When 51% of the persons owning real estate or residing on real estate or operating a business, within 500 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When 51% of the parents of minor children who attend any school located within 1,000 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When the applicant for the proposed adult use has complied with § 265-26 where applicable.

Use D-2: Automobile Sales and Rental. A commercial use for the sale, rental, and repair of motor vehicles, including new and used cars, trucks, recreational vehicles, and/or farm equipment, having both indoor and outdoor display areas, and providing maintenance and repair services for vehicle owners. Such use shall include fleet services. The following additional standards shall apply:

Vehicles shall not be displayed on above-ground platforms and shall be displayed to appear similar to customer parking. Fleet vehicles or vehicles used in providing the loan or lease service shall be separated from required customer parking areas.

Outdoor display shall be limited to motor vehicles.

Any new buildings shall be of such size, scale, building materials, and general appearance so as to conform to the general nature of surrounding buildings and not detract from the intent of this code to preserve the appearance of the area. Minimum visual and functional conflict will be created the proposed use and nearby uses.

Except for incidental emergency repair work, vehicle repairs and service are to be conducted indoors.

No temporary storage of vehicles is permitted on the abutting roadway.

No parking or storage of vehicles or supplies may be located within 25 feet of the ultimate right-of-way of any street.

No streamers, pennants, flags, balloons or similar ornamentation shall be hung, strung or affixed to buildings, structure, or vehicles.

Anticipated noise and congestion created by the use will be comparable to the levels created by the uses permitted in the zoning district where the use is permitted.

Use D-3: Automobile Repairs and Service. Such use shall include the general repair of automobiles, trucks, and the like, and the sale of auto parts and supplies. Service may include but is not limited to car washing and detailing, painting, body repairs, maintenance, and general repairs.

Painting and body work and/or other service and/or repair shall be conducted only within buildings upon the property.

The sale of gasoline, diesel fuel, and kerosene shall be prohibited.

The outdoor display and sale of vehicles is prohibited.

Vehicles shall not be parked or stored for repair or service within the front yard setback.

All storage, including parts, tires, refuse, and similar articles shall be stored within a building or fully enclosed area.

Anticipated noise and congestion created by the use will be comparable to the levels created by the uses permitted in the zoning district where the use is permitted.

Use D-4: Bank/Financial Institution. A building or portion thereof where the primary use is the processing of credit or monetary transactions, including a savings and loan association, credit union, and other financial establishment.

Use A-13: Drive-Through Facility may be established as an accessory use to a bank provided that all requirements of the use are met.

Use D-5: Bed and Breakfast. A single-family dwelling that provides a maximum of three guest rooms for six guests on an overnight basis for periods not to exceed 14 days. A bed and breakfast is permitted only as a conversion of a single-family detached dwelling in the Limited Office Residential Overlay District.

Use D-6: Car Wash. A commercial facility and/or structures used for the purpose of cleaning the exterior and/or interior surfaces of motor vehicles, whether self-service or operated by attendants or employees.

Use D-7: Club/Lodge. A building or portion thereof that houses the headquarters or meeting place of members of a non-profit organization where educational, social, or recreational activities take place.

Use D-8: Convenience Store. A mini food market where retail trade intended for quick sale and carry-out is the principal use. Such use shall not specialize in a particular product, but offer an array of different items.

Use D-9: Event Facility. A location, building, site or structure that is not a restaurant which is rented as a place for the purpose of accommodating a group of diners, guests, or other attendees for functions such as banquets, wedding receptions, parties, entertainment, meetings, conferences, performances, and/or similar gatherings.

Use D-10: Farmers Market. A market held in an open area in a structure where groups of individual sellers offer for sale to the public such items as agricultural produce, seasonal fruits, fresh flowers, and items customarily sold or dispensed at farmers' markets from booths, tables, or vehicles located on site.

All farmers' markets and their vendors comply with all federal, commonwealth and local laws relating to the operation, use, and enjoyment of the market premises.

Farmers' markets may be held in the same fixed location and may be conducted year-round or may be operated on an occasional or periodic basis as a seasonal or temporary use.

Use D-11: Funeral Home. A building or portions thereof used for human funeral services. Such facilities may contain provisions for chapel, embalming, viewing, and other services used in preparation of the dead, including the storage of caskets, supplies, and funeral vehicles.

Use D-12: Fuel Service Station. An area of land, together with any structure, thereon, used for the retail sale of motor fuel and lubricants and ancillary services.

All automobile servicing activities except those performed at fuel pumps shall be performed within a completely enclosed building.

Minimum setback of fuel pumps from the ultimate right-of-way: 25 feet.

Minimum setback of parking (any portion) from fuel pumps: 30 feet.

Fuel pumps shall not interfere with parking spaces or internal circulation.

If fuel service islands are provided in addition to any non-fuel station use (e.g., convenience food store) 5,000 square feet of lot area must be produced in addition to the 25,000 square feet otherwise required under the provisions of this section.

Canopies shall meet the following requirements:

Canopies shall be set back at least 15 feet from property lines and ultimate right-of-way lines and 50 feet from abutting residentially zoned properties.

Canopies shall have a maximum height of 16 feet measured to the underside of the canopy. For slanted canopies, this sixteen-foot maximum can be measured at the portion of the canopy closest to the street.

Individual canopies shall have a maximum area of 3,600 square feet; multiple canopies shall be separated by a minimum distance of 15 feet.

Lighting for canopies shall be recessed so that the bottom of the lighting fixture is flush with the underside of the canopy, using a full cutoff flat lens luminaire.

Canopies shall be designed to be architecturally compatible with structures in the surrounding area with regard to color and building materials. Colors shall be compatible with buildings in the neighborhood, and pitched roofs shall be used wherever possible.

The following accessory uses are permitted:

Use D-8: Convenience Store.

Use D-13: Kennel. An establishment licensed by the commonwealth to operate and house cats, dogs, or other permitted household pets, and where breeding, boarding, training, or selling of animals is conducted.

A minimum lot size of 1/2 acre shall be required for interior pens. If outdoor boarding of animals, outdoor pens, or animal runways are provided, the minimum lot size shall be one acre.

Kennels shall be set back a minimum of 100 feet from the ultimate right of way line and 50 feet from any other property line. Accessory pens and runways shall be kept a minimum of 100 feet from any property line, and are not to be used for the boarding of animals.

Interior pens shall be soundproofed so that animal noises will not be heard off-premises.

Use D-14: Laundry (Self-Service). A business or use that provides washing, cleaning, and drying machines for hire or rent, to be used by customers on the premises.

It shall be demonstrated to the Township Zoning Officer that adequate provisions will be made for wastewater disposal.

Use D-15: Marijuana Dispensary. A person, corporation, partnership, association, trust, or other entity, or any combination thereof which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana. The term includes the facility from which medical marijuana is dispensed.

A dispensary may not be located within 1,000 feet of the property line of a state licensed public, private or parochial school or a day-care center.

Use D-16: Microbrewery/Microdistillery/Microwinery. A facility specializing in the production, packaging, sampling, sale, and on- or off-premises consumption of beer, wine, cider, malt beverages and/or distilled liquors. Production of beer, wine, cider, malt beverages and/or distilled liquors shall not exceed a combined total of 100,000 gallons annually. Such use may be associated with Use D-22: Restaurant, Dine-In. The following additional standards shall apply:

The facility shall be licensed by the Pennsylvania Liquor Control Board.

Use A-11: Outdoor Dining may be established as an accessory use to a Dine-In Restaurant provided that all requirements of the use are met.

Any brewery, winery, or distillery that produces a net volume greater than 100,000 gallons annually shall be treated as Use H-5: Light Manufacturing.

(17)

Use D-17: Mixed Use. A building which contains both residential dwelling unit(s) and at least one nonresidential use. The following additional standards shall be satisfied:

Dwelling units shall not be located on the ground floor of any mixed-use building. This shall not preclude incidental pedestrian entrances on the ground floor that lead to a dwelling elsewhere in the building.

Regardless of the number of residential dwelling units proposed, the use regulations for Use C-8: Multifamily Development shall apply to all mixed use buildings.

Only those uses which are expressly permitted in the applicable zoning district shall be permitted in a mixed use building. All applicable use regulations shall apply to mixed use buildings.

(18)

Use D-18: Overnight Lodging (Hotel, Motel, Tourist Home, Rooming House). Overnight lodging includes hotels, motels, inns, bed-and-breakfasts, and similar uses where guests may rent a room on a nightly basis for a fee. The following additional standards shall be satisfied:

No cooking facilities shall be allowed in guest rooms.

Use D-22: Restaurant, Dine In is permitted as an accessory use.

(19)

Use D-19: Parking Structure. A building or structure designed and used for the parking of motor vehicles open to customers, patrons, or tenants of a business or residence, all or parts of which may be above or below ground. Parking structures shall be constructed to the following minimum standards indicated below:

Retail store fronts or other business uses on the street level shall be required on major collector or higher classification highways.

For structures not on a major collector or higher classification highway, parking structures shall have a minimum setback of 30 feet from the public right-of-way and shall comply with any more restrictive setback or other yard requirements for the zoning district in which it is located. A minimum twenty-foot wide planting strip shall be provided between the face of the parking structure and the public right-of-way.

The wall of the parking structure facing a public street or right-of-way shall be treated in such a manner as to partially screen street-level parking. Undecorated appearances of parking structures are not permitted.

(20)

Use D-20: Personal Service/Care. A building or portion thereof engaged in providing service involving the care of a person or personal items. A personal care business requires direct physical contact with the customer in the performance of a physical service. Examples include barbers, beauticians, nail manicurists, estheticians, tattoo parlors, tanning salons, massage parlors, tailors, and dry cleaners. When such use requires a license from the Commonwealth Department of Professional Occupations, proof of licensure shall be provided to the Township.

(21)

Use D-21: Repair Services. A repair service shall include any business where the primary function is the repair of appliances, small business or electronic machines and similar products.

This use does not include auto or vehicle repair.

All items shall be repaired on the premises.

No outside storage is permitted.

(22)

Use D-22: Restaurant, Dine-In. A building or portion thereof where food and beverages are sold for direct consumption on the premises to persons seated within the building or within an outdoor dining area. Customers are normally served by a restaurant employee while seated at a table or counter. A dine-in restaurant may include carry-out services, but shall not include establishments where food service is subordinate or incidental to the consumption of alcoholic beverages, entertainment, or the sale of merchandise or non-food-related services. See also Use D-23: Restaurant, Take Out and Use D-16: Microbrewery/Microdistillery/Microwinery.

Use A-11: Outdoor Dining may be established as an accessory use to a Dine-In Restaurant provided that all requirements of the use are met.

(23)

Use D-23: Restaurant, Take Out. A building or portion thereof where food and beverages are sold primarily in disposable containers for take-out and where food/beverages are primarily consumed off-site. Customers generally pay for their food/beverage prior to consumption either at a counter or by paying ahead of time. Limited sit-down to occupy not more than 20% of the gross leasable floor area of the use. Retail bakeries may be included in this use. See also Use D-22: Restaurant, Dine-In and Use D-16: Microbrewery/Microdistillery/Microwinery.

Use A-13: Drive-Through Facility may be established as an accessory use to a take-out restaurant provided that all requirements of the use are met.

Use A-11: Outdoor Dining may be established as an accessory use to a take-out restaurant provided that all requirements of the use are met.

(24)

Use D-24: Retail Establishment. A building or portion thereof involved in the sale, lease, or rental of new or used products, not including vehicle or machinery sales/rental.

(25)

Use D-25: Shopping Center. A group of commercial establishments, planned and developed as an integrated architectural and functional unit, providing convenient on-site parking and controlled, common vehicular and pedestrian access.

In order to maintain the retail nature of the center, no more than 25% of the uses shall be non-retail uses.

In order to provide architectural variety, no individual section or strip of stores shall exceed 150 feet in length without an offset greater than six feet in depth.

Anchor stores, large retail stores, banks, supermarkets, and other spaces which constitute a separate or detached building on the lot or premises of the shopping center, shall provide a green buffer no less than 10 feet wide along all walls of the building not identified as the main entrance or containing drive-in facilities.

Load/unload zones, dumpsters, and service structures shall not be located in front of the building facade and shall not face the public streets surrounding the shopping center.

Shopping centers with more than four businesses or establishments shall provide pedestrian and path systems to the major collector or higher classification highway on which they take ingress and egress, and to adjacent commercial or residential neighborhoods. Such paths shall be separate and distinct from required parking and aisleways.

Satellite uses may be proposed in the initial shopping center plan approval process, or be added to the shopping center following initial plan approval in compliance with the following regulations:

The permitted number of satellite uses shall be determined by multiplying the tract size in acres by 0.40. However, in no case shall be maximum number of satellite uses exceed five regardless of the tract size.

Not more than 10% of the total allowable building coverage for shopping centers shall be devoted to satellite uses.

Total building coverage of the shopping center, including satellite uses, shall not exceed 30%.

Access to parking and service areas intended for satellite uses shall be taken only from driveways within the shopping center, and shall not connect directly to an abutting street.

Parking and service areas intended for satellite uses shall be separated from primary shopping center parking area by landscaped barrier islands to direct and control traffic flow. Such landscaped islands shall adhere to the applicable regulations of the Township's Subdivision and Land Development[3] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

(26)

Use D-26: Short-Term Transient Lodging or Vacation Rental. Any use of a dwelling or dwelling unit rented or exchanged as a short-term transient lodging or vacation rental for up to 30 consecutive days, regardless of whether there is concurrent, partial, or full occupancy by the owner or another when not in use as a short-term transient lodging or vacation rental.

(27)

Use D-27: Studio. The workshop and/or gallery of an artist, sculptor, photographer, or performance artist (musician, actor, dancer, etc.). Such use may be open to the public and offer educational events, private lessons, and may include the retail sale of artist work.

(28)

Use D-28: Tavern/Bar. Any building or portion thereof wherein alcoholic beverages are served or sold at retail for consumption on the premises, of which the principal business is the sale of such beverages, and where the sale of such beverages comprises at least 75% or more of gross receipts. Such facilities shall be licensed by the Pennsylvania Liquor Control Board.

(29)

Use D-29: Supermarket/Grocery Store. A retail store selling a variety of foods and household items.

Office uses.

Use E-1: Animal Care. A facility specializing in the care of dogs, cats, or other common household pets. Such use may include veterinary care and the grooming, training, and the like for household pets. The following additional standards shall be satisfied:

Boarding of animals shall only be for the purposes of medical care.

Use E-2: Business/Professional Office. A building or portion thereof consisting of workspaces for the conducting of business by employees and which may involve public access or appointment-only customer/client interaction. Such use shall not include the offices of therapeutic, medical or dental professionals, which are defined as E-4: Medical Clinic/Office. Such use includes corporate headquarters and administration buildings.

Use E-3: Hospital. A building or portion thereof providing health-care services that offers therapeutic, clinical, temporary, or emergency medical, dental, or surgical care procedures to the sick and injured, and licensed by the Commonwealth to provide such facilities and services.

Use E-4: Medical Clinic/Office. A building or group of buildings for the office of more than one dentist and/or physician or for multiple offices by a group of dentists and physicians whose practices are not related, and are used for the diagnosis, examination, surgery, or other treatment of persons as outpatients and for laboratories incidental thereto.

Use E-5: Research Facility. A use, building, structure, or group of buildings and structures in which are located facilities for scientific research, training, investigation, experimentation, or testing, but not facilities for the manufacture, production, or sale of products, except as incidental to the primary purpose or on a limited pilot scale.

Recreation/entertainment uses.

Use F-1: Golf Course. A golf course, including chip and putt and similar uses, may include a clubhouse, restaurant, and other accessory uses, and shall be subject to the following provisions:

No building shall be closer than 100 feet to any lot line.

A seventy-five-foot screening buffer shall be provided, in accordance with the provisions of this chapter, along all side and rear property lines.

Fencing or netting not to exceed 150 feet in height is required for driving ranges.

Use F-2: Indoor Recreation/Amusement. An indoor facility designed to accommodate sports such as bowling, ice-skating, roller skating/blading, skateboarding, and the like, as well as arcade games and indoor sport courts. This use shall also include fitness studios, yoga studios, and gyms.

Use F-3: Outdoor Recreation/Amusement. Land or facilities providing regularly scheduled recreation-oriented activities in an outdoor setting. Examples of such facilities include, but are not limited to: miniature golf courses, swimming pools, sport courts, athletic fields, and similar uses which are not enclosed in buildings and are operated on a commercial or membership basis, primarily for the use of patrons who do not reside on the same lot or premises. Outdoor recreation shall include any accessory use, such as snack bars, pro shops, clubhouses, country clubs, or similar uses which are designed and intended primarily for the use of patrons of the principal recreational use. Outdoor recreation shall not include amusement parks or overnight camping.

Use F-4: Theater. Any building or portion thereof that is used primarily for the screening of films or for the viewing of live performances such as dance, dramatic, oratorical, musical, or similar performance art purposes. Such use may include associated offices, ticket windows, and limited food/beverage service when licensed with the appropriate agency.

Use F-5: Parkland. Public lands held for conservation and open space preservation, including open space dedicated to Douglass Township or Montgomery County. All parkland is limited to uses of a primarily passive, non-intensive, and non-motorized nature, including, but not limited to, picnicking, walking, running, hiking, bicycling, horseback riding, fishing, ice skating, boating, birdwatching, tennis, basketball, roller hockey, wildlife sanctuary, playground, forest preserve, watershed protection area, and playing fields.

Community service and institutional uses.

Use G-1: Adult/Child Day-Care Center. Such use shall include both day care services for adults as well as day care services for children: a facility in which adult daily living services are provided for four or more adults not related to the operator, and/or a facility in which care is provided for seven or more children at any one time, where the child care areas are not being used as a family residence.

Day-care centers are permitted as an accessory use to Use G-9: Place of Worship by conditional use.

All day-care facilities shall conform to the following criteria and standards as well as the requirements of the district in which they are located.

Use G-1 Day-Care Center and Use G-2 Group Day-Care Home shall meet the following requirements:

The requisite outdoor play area shall only be located in the rear yard of the subject property.

The outdoor play area shall be located within the building setback lines of the property on which it is located.

Parking shall be provided per § 265-230G. One safe passenger unloading space measuring 10 feet by 20 feet shall be provided for each 10 children that the center is licensed to accommodate. (Group day-care homes only need one passenger unloading space, regardless of the number of children.) In addition, the off-street parking area shall be designed so that vehicles can turnaround or otherwise avoid backing onto a street to exit.

The outdoor play area shall be surrounded by a safety fence impenetrable by children or small animals, with a minimum height of four feet. The Board of Supervisors may increase the minimum height when necessary for safety reasons.

Any signs shall comply with standards in this chapter governing the use of signs.

Outdoor play shall be limited to the hours between 8:00 A.M. and 7:00 P.M.

In residential and institutional districts, no group day-care home or child day-care center shall be established within 500 feet of another such use, private nursery or kindergarten.

For group day-care homes, there shall be no external alteration of existing buildings, except as may be necessary for reasons of safety. Fire escapes and outside stairways, where practicable, shall be located on the rear of the building.

For group day-care homes, the time of operation shall be limited to the hours between 6:30 A.M. and 7:00 P.M.

Adult day-care centers shall comply with the requirements of § 265-230G(1) (parking), Article XXIV (Signs), and § 265-41G(1)(c)[9] (hours of operation).

Use G-2: Group Day-Care Home. A facility in which care is provided by a resident caregiver for more than six but less than 12 children at any one time, where the childcare areas are being used as a family residence. See Use G-1 for relevant regulations.

Use G-3: Cemetery. Land used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with the cemetery and within its boundaries.

A forty-foot buffer strip, unoccupied except for landscaping and walkways, shall be provided between any building or burial site and the cemetery property line.

Entrance features, including gates, fountains, statuary, identification signs and the like shall not exceed 12 feet in height.

Where interior roads are provided, they shall be paved according to municipal standards and shall have a minimum width of 12 feet for one-way and 20 feet for two-way. There shall be no dead-end roads, unless provided with a turnaround having a center-line radius of at least 40 feet.

Cemeteries shall be permitted as an accessory use to Use G-9: Place of Worship by conditional use.

Use G-4: Continuing Care Retirement Community. A community providing independent, assisted, and nursing home living arrangements for person(s) 55 years of age and older as part of a planned community.

Permitted uses within the CCRC include:

Use C-9: Independent Living Unit.

Use C-3: Single-Family Detached Dwelling.

Use C-4: Single-Family Attached Dwelling (no more than four units shall be attached in any building).

Use C-5: Single-Family Semi-Detached Dwelling (Twin).

Use C-7: Multifamily Development (not to exceed 24 units in any building).

Use C-10: Assisted Living Unit.

Use C-11: Nursing Home Unit.

Accessory uses customarily incidental to any of the above uses, including but not limited to dining and kitchen facilities, healthcare facilities, and recreation facilities.

Maximum density shall be 10 dwelling units per gross acre. Assisted living and nursing home units shall be included in that density calculation at the ratio of three beds per one independent living unit. No more than 30% of the total number of units shall be independent living units.

Dimensional standards:

Minimum tract area: 10 acres.

Minimum tract frontage: 200 feet on a public or private street.

Tract building setback: All CCRC buildings shall be set back a minimum of 40 feet from tract boundaries and ultimate rights-of-way.

Minimum building setbacks:

From the curb lines of interior streets and drives: 25 feet.

From off-street parking areas: 15 feet.

From adjacent buildings on the same site: 25 feet, or the average height of the two adjacent buildings, whichever is greater.

Single-family detached, semi-detached, and attached independent living unit buildings shall have two side yards (where applicable), each a minimum of eight feet, with a minimum of 16 feet separation between sides of such buildings.

Building height:

Single-family detached, semi-detached, and attached independent living units: 35 feet or three stories.

Assisted living and nursing home unit buildings: 45 feet.

Maximum impervious coverage: 75% of gross tract area, excluding any area within the right-of-way of a street offered for dedication to Douglass Township.

Maximum building coverage: 35% of gross tract area.

Use G-5: Educational Facility. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses that provides a broad educational curriculum to individuals enrolled therein, and is licensed by the State Department of Education, including private and public kindergartens, elementary, junior and senior high schools, colleges, universities, and theological schools.

Educational facilities are permitted as an accessory use to Use G-9: Place of Worship by conditional use.

Use G-6: Emergency Services. Such use shall include ambulance, fire, police, rescue, and other emergency services of a municipal or volunteer nature.

Use G-7: Library or Community Center. A facility building, lot, parcel, use, or group of facilities, buildings, and uses that is open to the general public or a subset thereof (i.e., senior citizens) for educational, social, or recreational programs and other community uses, and owned and operated by a civic, educational, municipal, philanthropic, religious, or tax-exempt entity.

Use G-8: Senior Living Facility. This use may include nursing homes and retirement communities.

Use G-9: Place of Worship. A church, synagogue, temple, mosque, or other place of religious worship, including any accessory use or structure, such as administrative facilities and adjunct residential uses. This use shall not include associated schools or cemeteries.

The following accessory uses are permitted by conditional use. A traffic study shall be submitted with the application:

Use G-5: Educational Facilities.

Use G-3: Cemeteries.

Use G-1: Day-Care Centers.

Industrial uses.

Use H-1: Artisan Manufacturing. A facility specializing in the manufacture and production of goods created on-site by a craftsperson using hand tools and/or small-scale, light mechanical equipment. Examples of such work include pottery, fiber crafts, sculpture, leathercraft, jewelry, soaps, metalwork, cabinetry, stained glass, textile production, candle-making, hand-made food products, and fabrication of crafts of similar scale and intensity. Artisan manufacturing may also include demonstration/instruction in the production processes, offices and the display or retail sale of goods produced on-site. The following additional regulations shall be satisfied:

Artisan manufacturing shall not include any activity that causes noise, odor, or vibration to be detectable on a neighboring property.

Artisan manufacturing shall occupy a maximum of 5,000 square feet; any use meeting the standards of Use H-1: Artisan Manufacturing but which exceeds 5,000 square feet shall be considered Use H-5: Light Manufacturing.

Use H-2: Data Center. A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations. The following shall apply:

Power generators, water cooling and storage facilities, and other mechanical and associated infrastructure serving the use shall not be visible from any adjacent street, use, or building.

Ground level and roof top mechanical equipment shall be screened.

Generator testing shall be limited to weekdays between 8:00 am and 5:00 pm.

Use H-3: Heliport. A landing area for helicopters that is licensed by the Pennsylvania Department of Transportation. A personal use heliport is used for picking up and discharging passengers or cargo, and does not include fueling, helicopter repair, or storage areas. A commercial heliport includes facilities for fueling, repair, and storage of helicopters. The following shall apply:

Personal use heliports shall be permitted as a special exception in the M-1 and M-2 Districts, only when licensed by the Bureau of Aviation of the Pennsylvania Department of Transportation (PENNDOT), and subject to the standards of the district in which it is located. In addition, no personal use heliport shall be located closer than 50 feet from the property line of the parcel on which it is located or 100 feet from a residential district or use.

Commercial heliports shall be permitted as a special exception in the M-2 District only when licensed by the Bureau of Aviation of PENNDOT and complying with all pertinent PENNDOT standards, and subject to the standards of the M-2 District. In addition, no structure or storage area for helicopters shall be located closer than 100 feet from any residential district or use, of which at least 50 feet shall be maintained as a green area and planted in grass, shrubs and/or trees.

Signs, parking for cars, screening and green area must conform to the requirements for the district in which it is located.

Fencing, which does not interfere with the landing of the helicopters, shall be required whenever necessary to restrict pedestrian access.

It shall be unlawful to take off or land a helicopter anywhere within Douglass Township except at a site for which a permit, issued by the Township as hereinafter provided, is in force unless landing or takeoff is done:

When necessary for law enforcement purposes or for emergencies; or

On an occasional basis (not more than two landings and takeoffs per year in one location) not including the activities listed under Subsection H(3)(a)[1] above.

Permits for establishing, using and maintaining sites shall be issued to the owner or leasee of a site by a Zoning Officer within 30 days after the granting of a special exception by the Zoning Hearing Board. Notwithstanding the locational requirements set forth herein, a permit will be issued for a helicopter landing and takeoff in conjunction with a special event such as an athletic contest, a holiday celebration, commercial promotion, parade or similar activity provided that the Township is given at least one week's notice and the landing area is approved by a safety specialist from the Pennsylvania Department of Transportation Bureau of Aviation.

The permit shall be deemed automatically revoked if:

The Pennsylvania Department of Transportation Bureau of Aviation revokes the license or refuses to re-license the site after one of its periodic inspections (said inspections are made at least annually); or

Thirty days after the Zoning Officer has notified the permit holder in writing that the site is no longer in compliance with the requirements set forth herein for the initial granting of the permit, provided the alleged defect has not been cured within said thirty-day period.

Procedure after revocation. When the site permit has been revoked, the owner or lessee shall forthwith cause the site to be closed to all helicopter operations by publishing such notices and warnings, and employing such markings as are customary to accomplish this purpose.

Use H-4: Heavy Manufacturing. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses engaged in the manufacturing, fabrication, assembly, processing, and packaging of natural and man-made materials, chemicals, synthetics, and other organic and inorganic products. Public utility buildings shall fall under this use.

Marijuana growing or processing shall be considered a H-4: Heavy Manufacturing use and shall comply with the requirements of the Medical Marijuana Act, the regulations of the Department of Health, and all other regulations from the Commonwealth of Pennsylvania and the County of Montgomery. In accordance with the Medical Marijuana Act, a grower/processor may only conduct their operations within an indoor, enclosed, secure facility equipped with an electronic locking system and electronic surveillance.

Use H-5: Light Manufacturing. A facility, building, lot, parcel, use, or group of facilities, buildings, and uses engagement in the light manufacturing of beverages, confections/baked goods, food products (exclusive of meats and fish packing, and the rendering or refining of fats and oils), cosmetics, pharmaceuticals, ceramics, clothing, plastics, electrical goods, furniture, hardware, tools, dies, patterns, professional and scientific instruments, jewelry, time pieces, optical goods, musical instruments and toys, electronic, small parts assembly and/or manufacture, printing, publishing, lithographing, and other similar processes. The processing, fabrication, assembly, treatment packaging, incidental storage, and distribution of such products is included under this use.

Use H-6: Solid Waste Management Facility. A sanitary landfill, solid waste transfer station, solid waste incinerator or other facility for treating including recycling, storing, or disposition of "solid waste" as defined Solid Waste Management Act (Act of July 7, 1980, P.L. 380, 35 P.S. 6018.101 et seq.) enacted by the Commonwealth of Pennsylvania, as amended to the date of this chapter, and any regulations promulgated pursuant thereto. Except as otherwise specifically provided in this section, a sanitary landfill or a solid waste management facility shall be permitted as a conditional use only if the application and the use proposed thereby comply with all applicable requirements set forth in this chapter and any other ordinance of Douglass Township, and specifically with this article and in addition, with the following requirements:

The applicant shall pay at the time of submission of the conditional use application an application fee in an amount as set from time to time by resolution of the Board of Supervisors and shall deposit with the Township an amount equal to 5% of the estimated construction cost of the proposed facility, the minimum deposit and maximum deposit being as set from time to time by resolution of the Board of Supervisors, to be applied to the reasonable legal and engineering costs to the Township for review of the application and for preparation of studies and agreements in connection therewith, which shall include all such costs incurred by the Township until final approval and issuance of occupancy permit and beginning of lawful operation. The applicant may elect to pay 1/2 of the deposit at the time of submission of the application and the balance at the time of approval of conditional use. In place of a deposit the applicant may elect to produce an irrevocable letter of credit issued by a bank or savings-and-loan association doing business in Montgomery County, Pennsylvania, satisfactory to the Board of Supervisors. A refund of the excess of the deposit over such costs will be made to the applicant. The following conditions as well as any other reasonable conditions may be imposed by the Board of Supervisors. A refund of the excess of the deposit over such costs will be made to the applicant.

The following conditions as well as any other reasonable conditions may be imposed by the Board of Supervisors. A refund of the excess of the deposit over such costs will be made to the applicant.

The applicant shall be required to pay a user fee as set from time to time by resolution of the Board of Supervisors per ton based upon the quantity of solid waste processed at the solid waste management facility. Such user fee may be subject to adjustment from time to time by reference to the Consumer Price Index, U.S. All items as compiled by the United States Department of Labor, Bureau of Labor Statistics, or similar index, provided the minimum user fee shall be $1 per ton. The user fee shall apply to each solid waste management facility. Thus, the user fee is applicable in regard to disposal of incinerator ash at a landfill in Douglass Township even though the user fee already has been paid for processing at an incinerator.

The applicant may be required to permit access to its operational and financial records for the purpose of periodic review by a Governmental Advisory Board consisting of three Supervisors of Douglass Township, one member appointed by the Board of Supervisors of Douglass Township and one member appointed by Montgomery County.

The applicant may be required to offer unconditionally to purchase properties containing residential buildings at the time of the application located within 500 feet of the boundary line of the tract on which the sanitary landfill and/or solid waste management facilities is proposed. The offer to purchase such residential properties shall include the residential structures, together with the minimum lot size permitted by this chapter for a single-family detached residence. To determine the amount to be offered to each property owner, a panel of three qualified appraisers shall be retained. One appraiser shall be selected by the owner of the property in question and a second appraiser selected by the applicant for conditional use approval. The two appraisers so selected shall together select a third appraiser. The reasonable cost of the appraisals shall be paid by the applicant. The applicant may be required to offer unconditionally an amount equal to the mean appraised value of the property based on the three appraisal reports, plus 25% of such mean value. Such properties when purchased shall remain part of the tract on which the sanitary landfill and/or solid waste management facility is located and owned by the owner thereof so long as such landfill or facility continues to operate. The value shall be determined as the value existed immediately preceding the application and as unaffected by it.

The applicant at its expense may be required to improve the road network to Route 100 in accordance with a plant approved by the Township. Reference shall be made to § 265-124D hereinafter set forth.

The applicant shall provide satisfactory documentation to indicate that the proposed application has been approved by Montgomery County as consistent with its municipal waste management plan.

The applicant shall comply with all applicable federal and state regulations.

Dimensional standards:

Minimum lot size (exclusive of existing rights-of-way of public roads): eight acres; provided, however, that the minimum lot size for a sanitary landfill shall be 50 acres.

Minimum lot width at building line: 500 feet. (Applicable to sanitary landfill only.)

Minimum building setback measured from:

The ultimate right-of-way line: 200 feet.

An abutting district boundary line: 200 feet.

Any other property line: 200 feet.

Maximum building height: 120 feet, provided, however, that this height limitation shall not apply to the height of the stack.

A solid waste management facility for municipal waste shall not allow dumping, burying, depositing, storing, incinerating, treating or disposition of solid waste other than municipal waste as defined in the Solid Waste Management Act (Act of July 7, 1980, P.L. 380, 35 P.S.§ 6018.101 et seq.) enacted by the Commonwealth of Pennsylvania, as amended to the date of this chapter, and the ash, residue, reject material and other material generated from such municipal waste. A solid waste management facility for municipal waste permitted as conditional use hereunder shall not dispose of any ash, residue, reject material and other material generated from such municipal waste at a landfill within Douglass Township unless such landfill conforms to the criteria and requirements set forth in this section and accepts such waste from the solid waste management facility exclusively and no other waste. Reject material and other material generated from such municipal waste shall be limited to municipal waste delivered to the solid waste management facility which cannot be processed because of its nature or because of a temporary operational failure at the solid waste management facility. In no event shall the ash, residue, reject material and other material generated from such municipal waste disposed in such landfill exceed 25% of the material processed at the solid waste management facility during any given period of 30 days.

Vehicular access.

Any Township road used to provide access to a solid waste management facility shall be paved and maintained in good condition in accordance with the standards of Pennsylvania Department of Transportation relating to the type of heavy truck traffic resulting from such facility.

The Board of Supervisors may designate safe and adequate access roads and prohibit the use of other roads, except for local trash collection purposes.

Applicant at its expense may be required to upgrade access roads to the facility in accordance with a plan approved by the Board of Supervisors.

The costs of upgrading and maintaining access roads to the solid waste management facility shall be paid by the solid waste management facility operation in a manner suitable to the Supervisors.

When acquisition of private property is necessitated by the plan approved by the Board of Supervisors, the Township may use its power of condemnation to obtain the land at the expense of the applicant.

The site shall be fenced and secured by gates which can be locked. In addition, appropriate precautions shall be taken to prevent waste from escaping the site because of wind or otherwise. Fencing, walls and other enclosures may be required for this purpose. Any such escaping waste shall be collected daily and properly disposed.

The solid waste management facility site shall be graded and provided with appropriate drainage facilities to minimize runoff, prevent erosion, and to prevent collection of stagnant water.

There shall be no dumping, depositing, storage, incineration, treatment or disposition of waste within 50 feet of any public road or any property line of the solid waste management facility and reasonable visual screening composed of trees and so forth shall be provided. Such visual screening shall include evergreen trees in a solid double row with a minimum height of nine feet and, in addition, shade trees with a two-inch caliper and a minimum height of nine feet in a number equivalent to one tree for every 50 linear feet of buffer. In addition, there shall be no dumping, depositing, storage, incineration, treatment or disposition of waste within 50 feet of any dwelling, church, school or other occupied building.

The highest elevation of a landfill shall not exceed 35 feet above the highest point of natural elevation within the landfill area of the site before the disposal operation began. Final grading of the landfill area shall be done in a manner which leaves the site potentially useful. New landscaping shall be planted to protect against erosion and improve the appearance of the land after final grading.

Buildings shall be constructed on the site to house equipment other than motor vehicles when not in use.

(m)

All buildings shall be equipped with fire and smoke detection and extinguishing facilities in accordance with regulations of the Pennsylvania Department of Labor and Industry, the National Fire Protection Association, and/or other more stringent regulations, if determined appropriate by the Board of Supervisors.

(n)

An on-site scale shall be used to weigh all solid waste delivered to the site and complete records shall be maintained by the operator, which records shall be available for inspection by the Board of Supervisors.

(o)

A certified copy of all reports, data, plans and other material or information required to be submitted to the Pennsylvania Department of Environmental Protection also shall be submitted to the Board of Supervisors.

(p)

A tire cleaning area shall be provided on the access road within the solid waste management facility site. All tires on all trucks leaving the solid waste management facility site shall be cleaned.

(q)

An environmental assessment statement shall be submitted to the Board of Supervisors, and shall include the following:

A description of all proposed facilities;

A physical description of the environment affected including summary technical data and maps and diagrams adequate to permit an assessment of potential environmental impact by commenting agencies and the public. Highly technical and specialized analysis and data should be attached as appendices or footnoted with adequate bibliographic references;

The interrelationship and cumulative environmental and economic impacts of the proposed solid waste management facility when coupled with other solid waste processing or disposal facilities shall be stated and supported by adequate technical analysis;

The sources of data used to identify, quantify or evaluate any and all environmental consequences must be expressly noted;

The relationship of the proposed solid waste management facility to land use plans, policies and controls for the affected area, including a statement as to how the proposed solid waste management facility may conform or conflict with the objectives and specific terms of existing or proposed federal, state, county or Township land use plans, policies and controls; an on-site scale shall be used to weigh all solid waste delivered to the site and complete records shall be maintained by the operator, which records shall be available for inspection by the Board of Supervisors.

An analysis of:

The primary and secondary effects on the solid waste management facility and its capacity to stimulate or induce changes in patterns of social and/or economic facilities;

The impact on existing community facilities and activities, changes in natural conditions, and so forth; and

The effect on natural and cultural features such as streams, mountains, historic sites, landmarks, principal roads, lakes and towns;

Specific data relating to the impact of the solid waste management facility on local vehicular traffic, and designating the routes to be utilized by vehicles seeking access to that proposed facility;

Specific data relating to the impact of the solid waste management facility on local water supplies, streams and rivers;

Specific data relating to the impact of the solid waste management facility on natural or man-made local storm drainage facilities and areas;

Specific data relating to the impact of the solid waste management facility on the existing flood hazard areas of the Township, including details of any measures or precautions which may have to be taken in order to provide adequate flood control in the Township;

A statement of any probable adverse environmental effects which cannot be avoided (such as water or air pollution, undesirable land use patterns, damage to life systems, congestion, threats to health or other consequences adverse to the environment). Included for purposes of contrast should be a clear statement of how other avoidable adverse effects will be mitigated;

The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. This section should contain a brief discussion of the extent to which the proposed action involves short-term environmental gains at the expense of long-term losses, or the converse, and a discussion of the extent to which the proposed action forecloses future options. In this context, the words "short-term" and "long-term" should be viewed in terms of the environmentally significant consequences of the proposed action;

The aesthetic impact of the proposed action including its impact upon visual quality of the surround community;

An analysis of the success and/or failure of similar projects;

[15]

A statement of any adverse effects on employment, taxes and property values;

[16]

A statement of any effects on desirable community growth;

[17]

A statement describing the location and impact of the project on nearby recreation areas.

[18]

Such other information as reasonably required by the Board of Supervisors, Planning Agency, Engineer, and/or Solicitor.

(r)

Contents of application. An application for a conditional use for a solid waste management facility shall contain the following:

A topographical drawing, prepared by a professional engineer, registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 100 feet, showing:

Location of site relative to public roads;

Owners of adjacent properties;

Proposed fencing and improvements;

Proposed screening and buffering;

Cross sections showing the existing grades and the proposed grades upon completion and closure;

Location of equipment cleaning and tire cleaning areas; and

Location of weighing scales, firefighting equipment and all facilities, including buildings.

The names and current addresses of any and all persons who own any interest, real or equitable, in the real estate which is the subject of the application;

The names and current addresses of any and all persons having any ownership interest in any corporations or other business entities which may be set forth in answers to § 265-41G(6)(r)[2] above, where such persons possess an ownership interest of 10% or more (ownership shall include constructive ownership as defined by Internal Revenue Code, Section 318 as now in effect);

The names and current addresses of any and all persons having any ownership interest in the operation or proposed operation, maintenance and use of the solid waste management facility in question;

The names and current address of any and all persons having any ownership interest in any corporations or other business entities which may be set forth in answer to § 265-41G(6)(r)[4] above, where such persons possess an ownership interest of 10% or more (ownership shall include constructive ownership as defined by Internal Revenue Code, Section 318 as now in effect);

The identities and qualifications of personnel designated to manage and operate the proposed facility, together with their intended responsibilities;

All requirements of the Pennsylvania Solid Waste Management Act and regulations and standards of the Department of Environmental Protection relating to solid waste processing and disposal system are incorporated herein by reference, and the applicant shall be required to submit any and all plans, applications, data, materials, studies and information to the Board of Supervisors as is required to be submitted to the Pennsylvania Department of Environmental Protection pursuant to said Act, regulations and standards. All such materials shall be certified by the applicant to be true and correct copies of original materials filed with that department;

Statements indicating expected useful life of the solid waste management facility and the condition and proposed uses of said site upon termination of operation, and any limitations on future uses due to proposed use;

An access road survey, which shall include the following;

Statements as to the estimated number of vehicles which are expected to use the site on a daily basis during the first two years of operations and as to the estimated weight thereof; and

A plan indicating all roads anticipated to be used as access roads.

Statement of applicant's prior experience, if any, in operating solid waste management facilities;

An environmental assessment statement as required by § 265-41G(6)(q) above.

A certified copy of all reports, data, plans and other material or information required to be submitted to the Pennsylvania Department of Environmental Resources also shall be submitted to the Board of Supervisors.

(s)

Permits, inspections, operations.

Application for renewal shall be on a year-to-year basis, and the license fee shall be as set from time to time by resolution of the Board of Supervisors.

The Board of Supervisors and/or its authorized representatives, from time to time, shall inspect the solid waste management facility and operation to assure continued compliance with this chapter. The solid waste management operator shall make the site available for inspection when requested to do so. All inspection expenses shall be borne by the operator.

For the purposes of this chapter, the terms "applicant" and "operator" shall be synonymous and shall mean those individuals, authorities, private firms, or others who are responsible for making application(s) to the Board of Supervisors and for operating the solid waste management facilities.

(t)

Transfer of permit. No permit issued hereunder may be transferred or assigned unless and until an application is received from the proposed transferee setting forth the information required by § 265-41G(6)(r), above.

(u)

Denial of access to certain vehicles. The operator of any solid waste management facility shall be required to deny access to the facility for a period of 30 days to any person or business entity whose vehicles used in delivering solid waste thereto:

Do not have loads fully enclosed within the truck body or which are not covered by appropriate covering and restraining devices;

Are discovered by the Township to be utilizing routes other than those designated in the operating permit.

(v)

Cleaning of litter required. The operator of any solid waste management facility shall be required to clean litter each day from all feeder roads utilized by trucks depositing solid waste therein for a distance of 1,500 feet in each direction from the entrance of the facility.

(w)

Vector control procedures. Vector control procedures shall be carried out a minimum of twice each month, or more often as required, to prevent health hazards or nuisances. The permittee shall submit a control program for the approval of the Board of Supervisors, including evidence of a contractual agreement for services within an exterminator. The permit is required to submit proof of extermination to the Board of Supervisors.

(x)

Waste remaining at transfer stations. There shall be no solid waste remaining at a transfer station at the end of a working day unless it is stored in containers constructed to be watertight, leakproof, weatherproof and rodentproof. Special provisions shall be made for the transfer of bulky waste (e.g., tree branches and stumps, appliances, junk automobiles, machinery) at the transfer station, otherwise such waste shall be excluded from the provisions stated in § 265-41G(6)(i), above.

(y)

Emergency operation plans; storage of material. All solid waste management facilities shall have a written emergency operational plan to provide for an alternative waste handling system during periods when the facility is inoperative. These plans shall delineate the procedures to be following in case of equipment breakdown which will required standby equipment, extension of operating hours or diversion of solid waste to other facilities. Solid waste materials shall not be stored at a permitted facility for more than 24 hours before ultimate disposition by transfer, disposal in a landfill, or incineration, except for material to be recycled such as glass, metal, paper, rags and so forth, and material to be processed at an incinerator or resource recovery facility which is stored within the confines of a building in a holding pit or bunker. Under no circumstances shall such pit or bunker be built with a capacity larger than will accommodate or hold a six-day supply of material for the incinerator or resource recovery facility.

(z)

Vehicles to originate from transfer-transport facility; load capacity. Twenty-five percent of all vehicles delivering solid waste generated outside of Douglass Township to an incinerator or resource recovery facility within Douglass Township shall originate from a transfer-transport facility permitted by the Pennsylvania Department of Environmental Protection and shall have a load capacity of not less than 40 cubic yards.

(aa)

Limitation of facilities. Not more than one incinerator and one resource recovery facility and one trash transfer station utilizing a total of not more than three compactors shall be permitted to be in existence and to operate within this district at any time.

(bb)

Limitation of capacity. No incinerator or resource recovery shall have a design capacity of greater than 750 tons in a twenty-four-hour period.

(cc)

Indemnification. The owner and/or operator of a solid waste management facility shall agree to indemnify and hold the Township harmless from any liability in connection with the permitting, construction and/or operation of the solid waste management facility and/or any sanitary landfill within Douglass Township accepting ash, residue, reject material and other materials generated therefrom.

(dd)

Waiver of requirements. The Board of Supervisors for good cause may, in its discretion, waive any of the requirements set forth in this section.

Use H-7: Solar Energy Facility. An alternative energy facility that consists of one or more ground-mounted, free-standing, or building-integrated solar collection devices, solar-energy-related equipment and other associated infrastructure with the principal use intention of generating electricity or otherwise converting solar energy to a different form of energy primarily for off-site use. Solar energy facilities are permitted by conditional use in the M-2.

General regulations.

Solar energy systems shall be installed in compliance with all applicable state and federal building, construction, and fire codes, including regulations with respect to stormwater management and impervious cover.

Solar energy systems shall be operated in compliance with all federal, state, and local laws and regulations.

Setbacks.

Solar energy facilities, including all collection devices and arrays, shall comply with district setback requirements. Solar energy facility components shall not encroach upon any stormwater management facility or right-of-way or easement, including but not limited to water, stormwater, sanitary sewer, natural gas, telephone, and electrical easements.

Setbacks for building-mounted solar energy facilities shall meet the following requirements.

Solar energy facilities mounted on a pitched roof must meet the following requirements; or an alternative design that provides safe access to the roof, and roof ridge, that is approved by the Township building inspector.

The design must provide at least three access ways from the edge of roof to the ridge of the roof that are a minimum of two feet wide. A side of a pitched roof which does not carry a solar energy facility may count as two access ways as long as the roof is more than five feet wide.

A two-foot minimum setback from the roof ridgelines shall be provided for roof-mounted solar modules to allow available space for firefighters to penetrate the roof to create ventilation. Solar modules may be installed along the roof slope up to the ridge when an adequate alternative smoke ventilation method is provided and approved by the Township building inspector.

[iii]

A 1.5-foot setback from all roof hips and valleys shall be provided if solar modules are installed on both sides of the roof hip or valley.

Solar energy facilities mounted on a flat roof must meet the following requirements; or an alternative design that provides safe access to the roof that is approved by the Township building inspector.

A three-foot setback from a minimum of two roof edges shall be provided for roof mounted solar modules to ensure that firefighters may access the roof in a quick and safe manner.

Height.

For a building-mounted facility installed on a sloped roof, the highest point of the facility shall not exceed the highest point of the roof to which it is attached as allowed by setback requirements.

For a building-mounted facility installed on a flat roof, the highest point of the facility shall be permitted to exceed the district's height limit of up to six feet above the rooftop which it is attached.

Ground-mounted or freestanding solar energy facilities shall not exceed 25 feet in height.

Design and installation.

The design and installation of solar energy facilities shall conform to applicable industry codes and standards, including, but not limited to, those of the International Code Council (ICC), American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying and professional organizations such as the American Society of Civil Engineers and the American Society of Mechanical Engineers.

All exterior electrical and/or plumbing lines shall be buried below the surface of the ground and be placed in a conduit.

All solar energy facility components shall be clearly labeled with a warning concerning voltage and other important electrical safety information. The universal isolation switch, or equivalent device, shall be easily accessible by first responders and clearly labeled.

For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, modules, arrays, inverters and solar hot air or water collector devices, shall be considered as pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, modules, arrays, and solar hot air or water collector devices. The following components of a ground-mounted solar energy facility shall be considered included in the calculations for lot coverage requirements:

Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

All mechanical equipment of the solar energy facility, including any pad mounted structure for batteries, switchboard, transformers, or storage cells.

Paved access roads servicing the solar energy facility.

An applicant shall locate a solar energy system so that tree removal is not required to the extent practical and shall be subject to any applicable tree replacement regulations found in the Subdivision and Land Development[4] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Solar modules shall be positioned to prevent solar glare upon any neighboring properties or any public or private street, and to prevent additional heat load upon neighboring properties. The latest version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used per its user's manual to evaluate solar glare. The full report shall be sent to the municipality at least 30 days before the first public meeting that will discuss the project.

All equipment for solar energy facilities including any structure for batteries or storage cells shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. Batteries and storage cells shall not be stored within the setback areas.

The applicant will provide a stormwater management plan prepared by an engineer for the facility that will minimize the impact of stormwater leaving the site and promote infiltration on-site through the use of stormwater BMPs. A stormwater management plan required by the municipal stormwater management ordinance may be used for this requirement with approval from the Township engineer.

Solar energy facilities shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, lights or similar items. Manufacturers and equipment information, safety warnings, and ownership information may be displayed on solar energy facility equipment provided such information complies with applicable sign regulations.

It is the responsibility of the owner of the solar energy facility to obtain any necessary solar easements from neighboring landowners to ensure solar access. The Township does not guarantee and will not protect any individual property rights with respect to solar access.

The grazing of animals, to include but not be limited to sheep and goats, to control vegetation growing underneath solar arrays is permitted as customarily incidental to a solar energy facility principal use subject to the lot size requirements specified in this chapter.

Buffers are required per § 230-47 of the Township's Subdivision and Land Development[5] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Lighting. Lighting of the solar energy facility shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Decommissioning requirements.

The owner of the solar energy facility is required to notify Douglass Township immediately upon cessation or abandonment of the operation.

If a solar energy facility remains nonfunctional or inoperative for a continuous period of two years, the facility shall be deemed to be abandoned and shall constitute a public nuisance, unless the owner demonstrates good faith intent to sell and maintain the facility. Within six months of abandonment, the owner shall remove the system after a demolition permit has been obtained in accordance with the following:

Any aboveground mechanical equipment, wiring, and structural components shall be removed.

Underground wiring and structural components shall be removed and the resulting void space filled.

When a solar energy facility is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.

The owner shall ensure that the site's soils are tested as part of the decommissioning process to ensure there is no contamination. If there is contamination, the owner shall be responsible for site remediation.

Financial security.

The deposit, executions, or filing with the Douglass Township Clerk of cash, bond, or other form of security reasonably acceptable to the Douglass Township attorney and/or engineer, shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be 110% of the cost of removal of the solar energy facility and restoration of the property with an escalator of 2% annually for the life of the solar energy facility. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the solar energy facility.

In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to Douglass Township, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property is completed.

Use H-8: Sewage Treatment Plant. Such use shall include a sanitary sewage equalization or holding tank, a sanitary treatment plant, a package sewage treatment plant and other similar sanitary sewage detention or treatment facilities.

Use H-9: Warehouse/Storage Facility. A building, structure, lot, parcel, or use engaged in the storage, wholesale, and distribution of manufactured equipment, goods, materials, products, or supplies, but excluding bulk storage of chemicals and materials that are explosive, inflammable, or hazardous to adjoining properties.

Exterior storage of boats, trailers, recreational vehicles, and commercial vehicles are permitted by conditional use. Storage of these vehicles shall be in the rear yard.

A screening buffer shall be provided to mitigate the visual impact on adjoining properties per § 230-47 of the Township's Subdivision and Land Development[6] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

The maximum size of a warehouse/storage facility shall be 150,000 square feet. A self-storage facility shall be limited to 35,000 square feet of rentable space.

A traffic impact study shall be submitted with the application.

Plans submitted shall demonstrate available on-site queuing areas for trucks to avoid any queuing on public roads. Plans shall include electric hookups to minimize truck idling of temperature-controlled loads, where applicable.

Use H-10: Contractor Service. Offices and supply/fabrication shops for services rendered in the building trades.

Douglass Township City Zoning Code

ARTICLE III

Use Regulations

§ 265-36 Regulation of uses.

Except as provided for by law, no building, structure, land, lot or premises shall be used for any purposes other than as permitted in this chapter.

§ 265-37 Intent.

§ 265-38 Interpretation and applicability.

A building, structure, lot, or premises shall be permitted only one principal use, except as may be provided for in this chapter.

§ 265-39 Permitted uses.

Accessory uses permitted.

Accessory uses, when permitted, are subject to the district regulations, the provisions of the use regulations established herein, and all other applicable sections of this chapter.

Any proposed use that is accessory to a use that is permitted by conditional use, special exception, or variance shall require the same level of review and approval.

Uses not permitted. Any use not listed in the district in question is not permitted.

§ 265-40 Legal status of uses.

The following terminology is assigned to uses, based upon their method of institution. Refer to Article XXVI of this chapter for treatment of these various circumstances.

Conforming use. The use meets all applicable standards and regulations as established in this chapter.

Nonconforming use. The use does not meet all applicable standards and regulations as established in this chapter.

Illegal use. A use which may or may not conform to zoning, but never received the appropriate Township approval.

§ 265-41 Categories of permitted uses.

Accessory uses.

An accessory building having less than 260 square feet may be erected within side or rear yards, provided:

It is located at least as far back from the street line as the foremost portion of the principal building, and

There shall be no distinction between permanent accessory buildings and nonpermanent accessory buildings.

Accessory buildings having 260 square feet or more shall comply with the yard regulations applicable to the principal building on the lot.

Residential accessory structures 260 square feet or less shall not exceed 12 feet in height. Residential accessory structures greater than 260 square feet shall not exceed 20 feet in height.

Accessory buildings must be at least five feet from any other building or structure.

All nonresidential accessory structures shall require a zoning permit. An accessory structure shall not be used to establish a new or unrelated use on the premises.

Nonresidential accessory buildings or structures are limited in size to 25% of the ground floor area of the principal building which it serves.

Nonresidential accessory buildings shall not exceed 20 feet in height.

Use A-3: Agricultural Accessory Structure. A building or structure on a parcel that is primarily used for cultivation of agricultural crop production for sale to the public.

All agricultural accessory structures shall require a zoning permit.

Agricultural accessory structures must be at least five feet from any other building or structure.

Agricultural accessory structures shall not exceed 20 feet in height. A maximum height of 75 feet is permitted by special exception.

Structures for livestock shall not be located in the front yard.

All agricultural accessory structures shall be located at least 100 feet from any property line.

Parking more than one commercial vehicle from the same company on a residential lot is prohibited.

Sufficient turning area must be provided and used on the lot so that the vehicle(s) will not have to back onto or off of the street; this requirement does not apply to residential streets.

No such vehicles shall be parked in a front yard area.

A minimum setback of 10 feet shall be required from a side or rear property line, which area shall be provided with an opaque fence or screen planting to a height of six feet.

All other Township regulations regarding noise, sanitation, etc. shall be strictly enforced.

If the fence is wood cover or wood frame, the framework must face onto the interior of the lot, unless the fence is so designed to provide equal frame and cover area to adjoining lots.

If the fence is open metal mesh, supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh.

If the fence is of masonry construction, a finished side of all fences must be provided to the exterior side.

All fences for stormwater management areas shall have a minimum of three inches of clearance from the ground for the passage of stormwater.

In the R-A, R-1, R-2, R-3, R-4, and LC Zoning Districts, the following regulations apply:

Behind the front yard line, as defined herein, fences may not exceed six feet in height.

For corner lots, fences or walls shall comply with § 265-10 of this chapter, by providing sight triangles.

No fence or wall may be placed closer to a street than the ultimate right-of-way line as defined herein.

In the IN, GC, MU, M-1, and M-2 Zoning Districts, the following regulations apply:

For corner lots, fences or walls shall comply with § 265-10 of this chapter by providing sight triangles, regardless of the type of fence construction.

No fence or wall may be placed closer to a street than the ultimate right-of-way line as defined herein.

The home occupation shall be conducted by the residents of the dwelling.

The home occupation shall not occupy more than 25% of the total floor area of the dwelling or 500 square feet, whichever is less.

There shall be no employees other than the residents of the dwelling.

There shall be no exterior displays of goods visible from the outside.

There shall be no storage of materials or products outside a principal or accessory building or other structure.

There shall be no external alterations which are not customary in residential buildings.

There shall be no impact on abutting properties.

There shall be no required deliveries or trash pick-up in excess of that required normally in residential areas.

There shall be no direct retail sales on the premises.

There shall be no more than one employee who does not reside in the dwelling.

There shall be no more than four visitors associated with the home occupation at any one time.

Signs must meet the requirements of Article XXIV, Sign Regulations.

Home occupations not specifically listed above shall meet the following requirements:

There shall be no visitors at any time associated with the home occupation.

There shall be no parking spaces required in addition to those required for the residence.

There shall be no signs.

Each home shall have a minimum of 30 square feet of outdoor play space for each child, to be located only in the rear yard of the residence.

The outdoor play area shall not be located within 10 feet of an adjoining property line.

Time of operation shall be limited to the hours between 6:00 A.M. and 7:00 P.M.

Outdoor play shall be limited to the hours between 8:00 A.M. and 7:00 P.M.

In the Limited Office Residential Overlay District, the minimum lot area shall be 15,000 square feet.

No materials or waste shall be deposited upon the lot in such form or manner that they may be transferred off the lot by natural causes of forces.

When located on a flat roof, solar energy systems under this use are exempt from the district height requirements.

When located on a sloped roof, solar energy systems under this use shall not exceed the highest point of the roof to which it is attached.

A three-foot setback from all roof ridges shall be provided for roof-mounted solar panels to ensure that firefighters may access the roof in a quick and safe manner.

Installed solar modules shall be constructed with at least one anti-reflective layer to reduce reflectivity.

The minimum lot size for accessory ground-mounted renewable energy systems is one acre.

Ground-mounted or freestanding wind energy systems shall not exceed 60 feet in height.

Installed solar modules shall be constructed with at least one anti-reflective layer to reduce reflectivity.

There shall be a minimum of 30 feet between the ground and the lowest part of the rotor blade for wind energy systems. No blades may extend over parking areas, driveways, or sidewalks.

Noise from wind energy systems shall not exceed 50 decibels.

A plot plan shall be submitted with the application.

A minimum of five feet shall be maintained between fire hydrants and outdoor dining areas.

If located in a parking lot, minimum parking requirements for the principal use shall still apply.

Applicable outdoor dining areas must meet all required building codes.

Use A-12: Communications Antennae. The following regulations shall apply:

Standards of approval of all communication antennae:

Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

Setbacks from base of antenna support structure. The minimum distance between the base of the support structure and any property line shall meet the requirements of § 265-14.

Editor's Note: See Ch. 230, Subdivision and Land Development.

The applicant must demonstrate that it is licensed by the Federal Communication Commission.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Standards of approval of special exceptions.

The applicant is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.

These vehicle stacking spaces shall not interfere with parking spaces, drive aisles, or internal circulation of the site.

Use A-13: Drive-Through Facility will require an additional 10,000 square feet of lot area.

Ingress to the drive-in facility shall occur from an aisleway within the interior circulation of the lot, and not directly from a principal or minor arterial highway.

Egress from the drive-in facility shall not occur within 15 feet from a pedestrian entrance or exitway to the building.

A clearly marked crosswalk shall connect the entryway(s) to the parking lot and shall be situated perpendicular to the drive-through stacking lane.

A drive-through facility shall not be located within the front yard area.

Lighting for all drive-through service areas shall be installed in a manner that safely, but not excessively, illuminates the drive-through areas without spillage onto adjacent uses or parcels.

Insurance. Mobile food vendors must maintain all motor vehicle insurance coverage required by applicable state and federal laws and regulations.

All applicable parking requirements for the principal use on the lot shall be met.

Mobile food vendors shall serve pedestrians only. Drive-through or drive-in service is prohibited.

Construction permit and approval.

Enclosure.

Location on the property.

A swimming pool shall be located at the rear or along the side of the dwelling where practicable.

There shall be a minimum of three feet of concrete, stone, brick or block sidewalk or other all weather surface around all pools, except portable above-ground pools.

Design and construction requirements.

Material. The material used for lining a swimming pool shall be light in color, impervious and shall provide a tight tank with easily cleaned surfaces. Uncovered sand or dirt bottoms are prohibited.

Walls and bottoms. All pool walls and bottoms shall be designed to withstand water pressure from within and to resist the pressure of earth or ground water when the pool is empty.

Drainage outlet. No pool water shall be drained at the curb, along the gutter line of any street or on the surface of any street.

Safety equipment. Life preservers, ropes and poles shall be readily available at the pool site.

Portable pools.

Property rights. No swimming pool shall be so located or maintained as to interfere unduly with the enjoyment of the property rights of others.

Shielding lights. Lights used to illuminate any swimming pool shall be so arranged to reflect light away from adjoining premises.

Impervious surface. Pool water shall be calculated as impervious surface.

Electrical connections.

Limitation. One ADU may be permitted per lot where use C-2: Single-Family Detached Dwelling is established as the principal use of the lot.

Occupancy.

The use permit for the ADU shall be in effect only so long as either the principal dwelling or the ADU is occupied by the owner of record of the property.

An ADU shall only be occupied by the owner of record or an immediate family member of the owner of record of the property that is related to the owner of record by blood, marriage, or adoption.

No more than three people shall occupy an ADU.

A separate EDU is required for the use.

Design and development standards.

Dimensional requirements. ADUs shall meet the setback and coverage requirements for principal structures in the underlying zoning district.

Maximum size. The maximum permitted floor area of an ADU shall be the lesser of 40% of the living area of the primary residence or 1,200 square feet.

Maximum building height.

ADUs attached to the primary residence shall not increase or exceed the height of the existing primary residence.

An ADU may not be a mobile home, motor home, or trailer.

Agricultural uses.

At least 50% of a parcel, lot, or tract must be actively used for agricultural purposes as defined in Article II to qualify as an agricultural use.

Parking shall be in compliance with Article XXV. Parking is not permitted in the street right-of-way.

Sanitary facilities shall be provided in accordance with PA DEP requirements.

All prepared food for sale must be prepared in accordance with applicable federal, state, or local regulations.

Permanent structures associated with agritourism enterprises shall comply with the dimensional regulations in the R-A Residential Agriculture District.

The applicant shall submit evidence that all state and federal requirements have been met prior to the issuance of a final occupancy permit.

Community gardens shall comply with the lot size and dimensional restrictions of the district in which they are located.

Use B-4: Riding Academy/Stable. A riding academy, livery, or commercial boarding of horses shall be permitted, provided that:

Animal sheds and storage buildings shall not be located closer than 100 feet to any property line.

Residential uses.

The proposed development will not have a disruptive effect on the existing topography, floodplains, wetlands, mature woodlands or other natural features on the site.

The tract in question can be developed in a manner consistent with community goals as expressed in the Douglass Township Open Space Plan.

Use C-2: Single-Family Detached Dwelling. A building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.

Travel trailers and motor homes or similar non-powered or self-powered transient vehicles are prohibited.

Not more than 40% of the total number of dwelling units in a manufactured home development may be conventionally-built or modular single-family detached dwellings.

Any parcel to be used as a manufactured home development must have a minimum tract size of 10 contiguous acres of land.

At least 50% of the site must be composed of developable land as defined in this chapter.

Site design.

Setback from common parking facilities. No manufactured home or accessory use shall be located within 25 feet of the edge of pavement of any common parking area.

Lot coverage. The maximum coverage of any individual manufactured home lot by all primary and accessory buildings and structures, including covered patios or decks, shall be no greater than 25%.

Height. No structure built in a manufactured home development district shall exceed a height of three stories or a minimum of 35 feet.

Minimum lot size and width may be reduced up to a maximum of 10%, provided at least 50% of all lots so reduced shall directly abut a part of the common open space for a distance of at least 20 feet.

An area equal to that by which each lot is reduced shall be added to the minimum common open space required by the R-3 District. All other regulations remain as stated herein.

The dwelling units may share outside access and internal hallways, lobbies, and similar facilities.

The dwelling units cannot be individually lotted, but shall share a lot or parcel on which the building is located; except under condominium law.

Use C-8: Multifamily Conversion. The remodeling or alteration of a single-family home to a multifamily use.

Conversion of single-family houses to multifamily is permitted by special exception in the L-C District, provided there are no more than five dwelling units in any one building.

Use C-9: Independent Living Unit. A single-family detached, single-family semi-detached, or single-family attached dwelling unit within a Continuing Care Retirement Community.

A spouse under 55 years if married to a resident over that age.

Up to two children, or one child and one child-in-law, over 18 years of age, residing with at least one parent over 55 years of age whose presence is required to care for that parent.

A spouse under 55 years of age who is the surviving member of a previously qualified household.

A live-in nurse or similar caretaker whose presence is required to care for an occupant over 55 years of age.

Any adult child with special needs that must reside with at least one qualified parent.

Commercial uses.

Any adult use shall not be located within 500 feet of a residential zone, church, playground, park or any other adult use unless a waiver is obtained as provided for in § 265-41D(1)(c) hereof.

Any adult use shall not be located within 1,000 feet of a school unless a waiver is obtained as provided for in § 265-41D(1)(c) hereof.

A waiver shall be granted upon the following conditions:

In the case of an adult use to be located within 500 feet of a residential zone, church, playground, park or any other adult use:

When 51% of the persons owning real estate or residing on real estate or operating a business, within 500 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When the applicant for the proposed adult use has complied with § 265-26 of this chapter where applicable.

In the case of an adult use to be located within 1,000 feet of a school:

When 51% of the persons owning real estate or residing on real estate or operating a business, within 500 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When 51% of the parents of minor children who attend any school located within 1,000 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When the applicant for the proposed adult use has complied with § 265-26 where applicable.

Outdoor display shall be limited to motor vehicles.

Except for incidental emergency repair work, vehicle repairs and service are to be conducted indoors.

No temporary storage of vehicles is permitted on the abutting roadway.

No parking or storage of vehicles or supplies may be located within 25 feet of the ultimate right-of-way of any street.

No streamers, pennants, flags, balloons or similar ornamentation shall be hung, strung or affixed to buildings, structure, or vehicles.

Anticipated noise and congestion created by the use will be comparable to the levels created by the uses permitted in the zoning district where the use is permitted.

Painting and body work and/or other service and/or repair shall be conducted only within buildings upon the property.

The sale of gasoline, diesel fuel, and kerosene shall be prohibited.

The outdoor display and sale of vehicles is prohibited.

Vehicles shall not be parked or stored for repair or service within the front yard setback.

All storage, including parts, tires, refuse, and similar articles shall be stored within a building or fully enclosed area.

Anticipated noise and congestion created by the use will be comparable to the levels created by the uses permitted in the zoning district where the use is permitted.

Use A-13: Drive-Through Facility may be established as an accessory use to a bank provided that all requirements of the use are met.

All farmers' markets and their vendors comply with all federal, commonwealth and local laws relating to the operation, use, and enjoyment of the market premises.

Farmers' markets may be held in the same fixed location and may be conducted year-round or may be operated on an occasional or periodic basis as a seasonal or temporary use.

Use D-12: Fuel Service Station. An area of land, together with any structure, thereon, used for the retail sale of motor fuel and lubricants and ancillary services.

All automobile servicing activities except those performed at fuel pumps shall be performed within a completely enclosed building.

Minimum setback of fuel pumps from the ultimate right-of-way: 25 feet.

Minimum setback of parking (any portion) from fuel pumps: 30 feet.

Fuel pumps shall not interfere with parking spaces or internal circulation.

Canopies shall meet the following requirements:

Canopies shall be set back at least 15 feet from property lines and ultimate right-of-way lines and 50 feet from abutting residentially zoned properties.

Individual canopies shall have a maximum area of 3,600 square feet; multiple canopies shall be separated by a minimum distance of 15 feet.

Lighting for canopies shall be recessed so that the bottom of the lighting fixture is flush with the underside of the canopy, using a full cutoff flat lens luminaire.

The following accessory uses are permitted:

Use D-8: Convenience Store.

A minimum lot size of 1/2 acre shall be required for interior pens. If outdoor boarding of animals, outdoor pens, or animal runways are provided, the minimum lot size shall be one acre.

Interior pens shall be soundproofed so that animal noises will not be heard off-premises.

Use D-14: Laundry (Self-Service). A business or use that provides washing, cleaning, and drying machines for hire or rent, to be used by customers on the premises.

It shall be demonstrated to the Township Zoning Officer that adequate provisions will be made for wastewater disposal.

A dispensary may not be located within 1,000 feet of the property line of a state licensed public, private or parochial school or a day-care center.

The facility shall be licensed by the Pennsylvania Liquor Control Board.

Use A-11: Outdoor Dining may be established as an accessory use to a Dine-In Restaurant provided that all requirements of the use are met.

Any brewery, winery, or distillery that produces a net volume greater than 100,000 gallons annually shall be treated as Use H-5: Light Manufacturing.

(17)

Use D-17: Mixed Use. A building which contains both residential dwelling unit(s) and at least one nonresidential use. The following additional standards shall be satisfied:

Regardless of the number of residential dwelling units proposed, the use regulations for Use C-8: Multifamily Development shall apply to all mixed use buildings.

Only those uses which are expressly permitted in the applicable zoning district shall be permitted in a mixed use building. All applicable use regulations shall apply to mixed use buildings.

(18)

No cooking facilities shall be allowed in guest rooms.

Use D-22: Restaurant, Dine In is permitted as an accessory use.

(19)

Retail store fronts or other business uses on the street level shall be required on major collector or higher classification highways.

Use D-21: Repair Services. A repair service shall include any business where the primary function is the repair of appliances, small business or electronic machines and similar products.

This use does not include auto or vehicle repair.

All items shall be repaired on the premises.

No outside storage is permitted.

(22)

Use A-11: Outdoor Dining may be established as an accessory use to a Dine-In Restaurant provided that all requirements of the use are met.

(23)

Use A-13: Drive-Through Facility may be established as an accessory use to a take-out restaurant provided that all requirements of the use are met.

Use A-11: Outdoor Dining may be established as an accessory use to a take-out restaurant provided that all requirements of the use are met.

(24)

Use D-24: Retail Establishment. A building or portion thereof involved in the sale, lease, or rental of new or used products, not including vehicle or machinery sales/rental.

(25)

In order to maintain the retail nature of the center, no more than 25% of the uses shall be non-retail uses.

In order to provide architectural variety, no individual section or strip of stores shall exceed 150 feet in length without an offset greater than six feet in depth.

Load/unload zones, dumpsters, and service structures shall not be located in front of the building facade and shall not face the public streets surrounding the shopping center.

Satellite uses may be proposed in the initial shopping center plan approval process, or be added to the shopping center following initial plan approval in compliance with the following regulations:

Not more than 10% of the total allowable building coverage for shopping centers shall be devoted to satellite uses.

Total building coverage of the shopping center, including satellite uses, shall not exceed 30%.

Access to parking and service areas intended for satellite uses shall be taken only from driveways within the shopping center, and shall not connect directly to an abutting street.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Use D-29: Supermarket/Grocery Store. A retail store selling a variety of foods and household items.

Office uses.

Boarding of animals shall only be for the purposes of medical care.

Recreation/entertainment uses.

Use F-1: Golf Course. A golf course, including chip and putt and similar uses, may include a clubhouse, restaurant, and other accessory uses, and shall be subject to the following provisions:

No building shall be closer than 100 feet to any lot line.

A seventy-five-foot screening buffer shall be provided, in accordance with the provisions of this chapter, along all side and rear property lines.

Fencing or netting not to exceed 150 feet in height is required for driving ranges.

Community service and institutional uses.

Day-care centers are permitted as an accessory use to Use G-9: Place of Worship by conditional use.

All day-care facilities shall conform to the following criteria and standards as well as the requirements of the district in which they are located.

Use G-1 Day-Care Center and Use G-2 Group Day-Care Home shall meet the following requirements:

The requisite outdoor play area shall only be located in the rear yard of the subject property.

The outdoor play area shall be located within the building setback lines of the property on which it is located.

Any signs shall comply with standards in this chapter governing the use of signs.

Outdoor play shall be limited to the hours between 8:00 A.M. and 7:00 P.M.

In residential and institutional districts, no group day-care home or child day-care center shall be established within 500 feet of another such use, private nursery or kindergarten.

For group day-care homes, the time of operation shall be limited to the hours between 6:30 A.M. and 7:00 P.M.

Adult day-care centers shall comply with the requirements of § 265-230G(1) (parking), Article XXIV (Signs), and § 265-41G(1)(c)[9] (hours of operation).

A forty-foot buffer strip, unoccupied except for landscaping and walkways, shall be provided between any building or burial site and the cemetery property line.

Entrance features, including gates, fountains, statuary, identification signs and the like shall not exceed 12 feet in height.

Cemeteries shall be permitted as an accessory use to Use G-9: Place of Worship by conditional use.

Permitted uses within the CCRC include:

Use C-9: Independent Living Unit.

Use C-3: Single-Family Detached Dwelling.

Use C-4: Single-Family Attached Dwelling (no more than four units shall be attached in any building).

Use C-5: Single-Family Semi-Detached Dwelling (Twin).

Use C-7: Multifamily Development (not to exceed 24 units in any building).

Use C-10: Assisted Living Unit.

Use C-11: Nursing Home Unit.

Accessory uses customarily incidental to any of the above uses, including but not limited to dining and kitchen facilities, healthcare facilities, and recreation facilities.

Dimensional standards:

Minimum tract area: 10 acres.

Minimum tract frontage: 200 feet on a public or private street.

Tract building setback: All CCRC buildings shall be set back a minimum of 40 feet from tract boundaries and ultimate rights-of-way.

Minimum building setbacks:

From the curb lines of interior streets and drives: 25 feet.

From off-street parking areas: 15 feet.

From adjacent buildings on the same site: 25 feet, or the average height of the two adjacent buildings, whichever is greater.

Building height:

Single-family detached, semi-detached, and attached independent living units: 35 feet or three stories.

Assisted living and nursing home unit buildings: 45 feet.

Maximum impervious coverage: 75% of gross tract area, excluding any area within the right-of-way of a street offered for dedication to Douglass Township.

Maximum building coverage: 35% of gross tract area.

Educational facilities are permitted as an accessory use to Use G-9: Place of Worship by conditional use.

Use G-6: Emergency Services. Such use shall include ambulance, fire, police, rescue, and other emergency services of a municipal or volunteer nature.

Use G-8: Senior Living Facility. This use may include nursing homes and retirement communities.

The following accessory uses are permitted by conditional use. A traffic study shall be submitted with the application:

Use G-5: Educational Facilities.

Use G-3: Cemeteries.

Use G-1: Day-Care Centers.

Industrial uses.

Artisan manufacturing shall not include any activity that causes noise, odor, or vibration to be detectable on a neighboring property.

Power generators, water cooling and storage facilities, and other mechanical and associated infrastructure serving the use shall not be visible from any adjacent street, use, or building.

Ground level and roof top mechanical equipment shall be screened.

Generator testing shall be limited to weekdays between 8:00 am and 5:00 pm.

Signs, parking for cars, screening and green area must conform to the requirements for the district in which it is located.

Fencing, which does not interfere with the landing of the helicopters, shall be required whenever necessary to restrict pedestrian access.

When necessary for law enforcement purposes or for emergencies; or

On an occasional basis (not more than two landings and takeoffs per year in one location) not including the activities listed under Subsection H(3)(a)[1] above.

The permit shall be deemed automatically revoked if:

The following conditions as well as any other reasonable conditions may be imposed by the Board of Supervisors. A refund of the excess of the deposit over such costs will be made to the applicant.

The applicant shall provide satisfactory documentation to indicate that the proposed application has been approved by Montgomery County as consistent with its municipal waste management plan.

The applicant shall comply with all applicable federal and state regulations.

Dimensional standards:

Minimum lot size (exclusive of existing rights-of-way of public roads): eight acres; provided, however, that the minimum lot size for a sanitary landfill shall be 50 acres.

Minimum lot width at building line: 500 feet. (Applicable to sanitary landfill only.)

Minimum building setback measured from:

The ultimate right-of-way line: 200 feet.

An abutting district boundary line: 200 feet.

Any other property line: 200 feet.

Maximum building height: 120 feet, provided, however, that this height limitation shall not apply to the height of the stack.

Vehicular access.

The Board of Supervisors may designate safe and adequate access roads and prohibit the use of other roads, except for local trash collection purposes.

Applicant at its expense may be required to upgrade access roads to the facility in accordance with a plan approved by the Board of Supervisors.

The costs of upgrading and maintaining access roads to the solid waste management facility shall be paid by the solid waste management facility operation in a manner suitable to the Supervisors.

The solid waste management facility site shall be graded and provided with appropriate drainage facilities to minimize runoff, prevent erosion, and to prevent collection of stagnant water.

Buildings shall be constructed on the site to house equipment other than motor vehicles when not in use.

A tire cleaning area shall be provided on the access road within the solid waste management facility site. All tires on all trucks leaving the solid waste management facility site shall be cleaned.

(q)

An environmental assessment statement shall be submitted to the Board of Supervisors, and shall include the following:

A description of all proposed facilities;

The sources of data used to identify, quantify or evaluate any and all environmental consequences must be expressly noted;

An analysis of:

The primary and secondary effects on the solid waste management facility and its capacity to stimulate or induce changes in patterns of social and/or economic facilities;

The impact on existing community facilities and activities, changes in natural conditions, and so forth; and

The effect on natural and cultural features such as streams, mountains, historic sites, landmarks, principal roads, lakes and towns;

Specific data relating to the impact of the solid waste management facility on local vehicular traffic, and designating the routes to be utilized by vehicles seeking access to that proposed facility;

Specific data relating to the impact of the solid waste management facility on local water supplies, streams and rivers;

Specific data relating to the impact of the solid waste management facility on natural or man-made local storm drainage facilities and areas;

The aesthetic impact of the proposed action including its impact upon visual quality of the surround community;

An analysis of the success and/or failure of similar projects;

[15]

A statement of any adverse effects on employment, taxes and property values;

[16]

A statement of any effects on desirable community growth;

[17]

A statement describing the location and impact of the project on nearby recreation areas.

[18]

Such other information as reasonably required by the Board of Supervisors, Planning Agency, Engineer, and/or Solicitor.

(r)

Contents of application. An application for a conditional use for a solid waste management facility shall contain the following:

A topographical drawing, prepared by a professional engineer, registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 100 feet, showing:

Location of site relative to public roads;

Owners of adjacent properties;

Proposed fencing and improvements;

Proposed screening and buffering;

Cross sections showing the existing grades and the proposed grades upon completion and closure;

Location of equipment cleaning and tire cleaning areas; and

Location of weighing scales, firefighting equipment and all facilities, including buildings.

The names and current addresses of any and all persons who own any interest, real or equitable, in the real estate which is the subject of the application;

The names and current addresses of any and all persons having any ownership interest in the operation or proposed operation, maintenance and use of the solid waste management facility in question;

The identities and qualifications of personnel designated to manage and operate the proposed facility, together with their intended responsibilities;

An access road survey, which shall include the following;

Statements as to the estimated number of vehicles which are expected to use the site on a daily basis during the first two years of operations and as to the estimated weight thereof; and

A plan indicating all roads anticipated to be used as access roads.

Statement of applicant's prior experience, if any, in operating solid waste management facilities;

An environmental assessment statement as required by § 265-41G(6)(q) above.

(s)

Permits, inspections, operations.

Application for renewal shall be on a year-to-year basis, and the license fee shall be as set from time to time by resolution of the Board of Supervisors.

Do not have loads fully enclosed within the truck body or which are not covered by appropriate covering and restraining devices;

Are discovered by the Township to be utilizing routes other than those designated in the operating permit.

Limitation of capacity. No incinerator or resource recovery shall have a design capacity of greater than 750 tons in a twenty-four-hour period.

(cc)

(dd)

Waiver of requirements. The Board of Supervisors for good cause may, in its discretion, waive any of the requirements set forth in this section.

General regulations.

Solar energy systems shall be operated in compliance with all federal, state, and local laws and regulations.

Setbacks.

Setbacks for building-mounted solar energy facilities shall meet the following requirements.

A 1.5-foot setback from all roof hips and valleys shall be provided if solar modules are installed on both sides of the roof hip or valley.

A three-foot setback from a minimum of two roof edges shall be provided for roof mounted solar modules to ensure that firefighters may access the roof in a quick and safe manner.

Height.

Ground-mounted or freestanding solar energy facilities shall not exceed 25 feet in height.

Design and installation.

All exterior electrical and/or plumbing lines shall be buried below the surface of the ground and be placed in a conduit.

Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

All mechanical equipment of the solar energy facility, including any pad mounted structure for batteries, switchboard, transformers, or storage cells.

Paved access roads servicing the solar energy facility.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Buffers are required per § 230-47 of the Township's Subdivision and Land Development[5] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Lighting. Lighting of the solar energy facility shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Decommissioning requirements.

The owner of the solar energy facility is required to notify Douglass Township immediately upon cessation or abandonment of the operation.

Any aboveground mechanical equipment, wiring, and structural components shall be removed.

Underground wiring and structural components shall be removed and the resulting void space filled.

When a solar energy facility is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.

Financial security.

Exterior storage of boats, trailers, recreational vehicles, and commercial vehicles are permitted by conditional use. Storage of these vehicles shall be in the rear yard.

A screening buffer shall be provided to mitigate the visual impact on adjoining properties per § 230-47 of the Township's Subdivision and Land Development[6] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

The maximum size of a warehouse/storage facility shall be 150,000 square feet. A self-storage facility shall be limited to 35,000 square feet of rentable space.

A traffic impact study shall be submitted with the application.

Use H-10: Contractor Service. Offices and supply/fabrication shops for services rendered in the building trades.

Douglass Township City Zoning Code

ARTICLE III

Use Regulations

§ 265-36 Regulation of uses.

Except as provided for by law, no building, structure, land, lot or premises shall be used for any purposes other than as permitted in this chapter.

§ 265-37 Intent.

§ 265-38 Interpretation and applicability.

A building, structure, lot, or premises shall be permitted only one principal use, except as may be provided for in this chapter.

§ 265-39 Permitted uses.

Accessory uses permitted.

Accessory uses, when permitted, are subject to the district regulations, the provisions of the use regulations established herein, and all other applicable sections of this chapter.

Any proposed use that is accessory to a use that is permitted by conditional use, special exception, or variance shall require the same level of review and approval.

Uses not permitted. Any use not listed in the district in question is not permitted.

§ 265-40 Legal status of uses.

The following terminology is assigned to uses, based upon their method of institution. Refer to Article XXVI of this chapter for treatment of these various circumstances.

Conforming use. The use meets all applicable standards and regulations as established in this chapter.

Nonconforming use. The use does not meet all applicable standards and regulations as established in this chapter.

Illegal use. A use which may or may not conform to zoning, but never received the appropriate Township approval.

§ 265-41 Categories of permitted uses.

Accessory uses.

An accessory building having less than 260 square feet may be erected within side or rear yards, provided:

It is located at least as far back from the street line as the foremost portion of the principal building, and

There shall be no distinction between permanent accessory buildings and nonpermanent accessory buildings.

Accessory buildings having 260 square feet or more shall comply with the yard regulations applicable to the principal building on the lot.

Residential accessory structures 260 square feet or less shall not exceed 12 feet in height. Residential accessory structures greater than 260 square feet shall not exceed 20 feet in height.

Accessory buildings must be at least five feet from any other building or structure.

All nonresidential accessory structures shall require a zoning permit. An accessory structure shall not be used to establish a new or unrelated use on the premises.

Nonresidential accessory buildings or structures are limited in size to 25% of the ground floor area of the principal building which it serves.

Nonresidential accessory buildings shall not exceed 20 feet in height.

Use A-3: Agricultural Accessory Structure. A building or structure on a parcel that is primarily used for cultivation of agricultural crop production for sale to the public.

All agricultural accessory structures shall require a zoning permit.

Agricultural accessory structures must be at least five feet from any other building or structure.

Agricultural accessory structures shall not exceed 20 feet in height. A maximum height of 75 feet is permitted by special exception.

Structures for livestock shall not be located in the front yard.

All agricultural accessory structures shall be located at least 100 feet from any property line.

Parking more than one commercial vehicle from the same company on a residential lot is prohibited.

Sufficient turning area must be provided and used on the lot so that the vehicle(s) will not have to back onto or off of the street; this requirement does not apply to residential streets.

No such vehicles shall be parked in a front yard area.

A minimum setback of 10 feet shall be required from a side or rear property line, which area shall be provided with an opaque fence or screen planting to a height of six feet.

All other Township regulations regarding noise, sanitation, etc. shall be strictly enforced.

If the fence is wood cover or wood frame, the framework must face onto the interior of the lot, unless the fence is so designed to provide equal frame and cover area to adjoining lots.

If the fence is open metal mesh, supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh.

If the fence is of masonry construction, a finished side of all fences must be provided to the exterior side.

All fences for stormwater management areas shall have a minimum of three inches of clearance from the ground for the passage of stormwater.

In the R-A, R-1, R-2, R-3, R-4, and LC Zoning Districts, the following regulations apply:

Behind the front yard line, as defined herein, fences may not exceed six feet in height.

For corner lots, fences or walls shall comply with § 265-10 of this chapter, by providing sight triangles.

No fence or wall may be placed closer to a street than the ultimate right-of-way line as defined herein.

In the IN, GC, MU, M-1, and M-2 Zoning Districts, the following regulations apply:

For corner lots, fences or walls shall comply with § 265-10 of this chapter by providing sight triangles, regardless of the type of fence construction.

No fence or wall may be placed closer to a street than the ultimate right-of-way line as defined herein.

The home occupation shall be conducted by the residents of the dwelling.

The home occupation shall not occupy more than 25% of the total floor area of the dwelling or 500 square feet, whichever is less.

There shall be no employees other than the residents of the dwelling.

There shall be no exterior displays of goods visible from the outside.

There shall be no storage of materials or products outside a principal or accessory building or other structure.

There shall be no external alterations which are not customary in residential buildings.

There shall be no impact on abutting properties.

There shall be no required deliveries or trash pick-up in excess of that required normally in residential areas.

There shall be no direct retail sales on the premises.

There shall be no more than one employee who does not reside in the dwelling.

There shall be no more than four visitors associated with the home occupation at any one time.

Signs must meet the requirements of Article XXIV, Sign Regulations.

Home occupations not specifically listed above shall meet the following requirements:

There shall be no visitors at any time associated with the home occupation.

There shall be no parking spaces required in addition to those required for the residence.

There shall be no signs.

Each home shall have a minimum of 30 square feet of outdoor play space for each child, to be located only in the rear yard of the residence.

The outdoor play area shall not be located within 10 feet of an adjoining property line.

Time of operation shall be limited to the hours between 6:00 A.M. and 7:00 P.M.

Outdoor play shall be limited to the hours between 8:00 A.M. and 7:00 P.M.

In the Limited Office Residential Overlay District, the minimum lot area shall be 15,000 square feet.

No materials or waste shall be deposited upon the lot in such form or manner that they may be transferred off the lot by natural causes of forces.

When located on a flat roof, solar energy systems under this use are exempt from the district height requirements.

When located on a sloped roof, solar energy systems under this use shall not exceed the highest point of the roof to which it is attached.

A three-foot setback from all roof ridges shall be provided for roof-mounted solar panels to ensure that firefighters may access the roof in a quick and safe manner.

Installed solar modules shall be constructed with at least one anti-reflective layer to reduce reflectivity.

The minimum lot size for accessory ground-mounted renewable energy systems is one acre.

Ground-mounted or freestanding wind energy systems shall not exceed 60 feet in height.

Installed solar modules shall be constructed with at least one anti-reflective layer to reduce reflectivity.

There shall be a minimum of 30 feet between the ground and the lowest part of the rotor blade for wind energy systems. No blades may extend over parking areas, driveways, or sidewalks.

Noise from wind energy systems shall not exceed 50 decibels.

A plot plan shall be submitted with the application.

A minimum of five feet shall be maintained between fire hydrants and outdoor dining areas.

If located in a parking lot, minimum parking requirements for the principal use shall still apply.

Applicable outdoor dining areas must meet all required building codes.

Use A-12: Communications Antennae. The following regulations shall apply:

Standards of approval of all communication antennae:

Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

Setbacks from base of antenna support structure. The minimum distance between the base of the support structure and any property line shall meet the requirements of § 265-14.

Editor's Note: See Ch. 230, Subdivision and Land Development.

The applicant must demonstrate that it is licensed by the Federal Communication Commission.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Standards of approval of special exceptions.

The applicant is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.

These vehicle stacking spaces shall not interfere with parking spaces, drive aisles, or internal circulation of the site.

Use A-13: Drive-Through Facility will require an additional 10,000 square feet of lot area.

Ingress to the drive-in facility shall occur from an aisleway within the interior circulation of the lot, and not directly from a principal or minor arterial highway.

Egress from the drive-in facility shall not occur within 15 feet from a pedestrian entrance or exitway to the building.

A clearly marked crosswalk shall connect the entryway(s) to the parking lot and shall be situated perpendicular to the drive-through stacking lane.

A drive-through facility shall not be located within the front yard area.

Lighting for all drive-through service areas shall be installed in a manner that safely, but not excessively, illuminates the drive-through areas without spillage onto adjacent uses or parcels.

Insurance. Mobile food vendors must maintain all motor vehicle insurance coverage required by applicable state and federal laws and regulations.

All applicable parking requirements for the principal use on the lot shall be met.

Mobile food vendors shall serve pedestrians only. Drive-through or drive-in service is prohibited.

Construction permit and approval.

Enclosure.

Location on the property.

A swimming pool shall be located at the rear or along the side of the dwelling where practicable.

There shall be a minimum of three feet of concrete, stone, brick or block sidewalk or other all weather surface around all pools, except portable above-ground pools.

Design and construction requirements.

Material. The material used for lining a swimming pool shall be light in color, impervious and shall provide a tight tank with easily cleaned surfaces. Uncovered sand or dirt bottoms are prohibited.

Walls and bottoms. All pool walls and bottoms shall be designed to withstand water pressure from within and to resist the pressure of earth or ground water when the pool is empty.

Drainage outlet. No pool water shall be drained at the curb, along the gutter line of any street or on the surface of any street.

Safety equipment. Life preservers, ropes and poles shall be readily available at the pool site.

Portable pools.

Property rights. No swimming pool shall be so located or maintained as to interfere unduly with the enjoyment of the property rights of others.

Shielding lights. Lights used to illuminate any swimming pool shall be so arranged to reflect light away from adjoining premises.

Impervious surface. Pool water shall be calculated as impervious surface.

Electrical connections.

Limitation. One ADU may be permitted per lot where use C-2: Single-Family Detached Dwelling is established as the principal use of the lot.

Occupancy.

The use permit for the ADU shall be in effect only so long as either the principal dwelling or the ADU is occupied by the owner of record of the property.

An ADU shall only be occupied by the owner of record or an immediate family member of the owner of record of the property that is related to the owner of record by blood, marriage, or adoption.

No more than three people shall occupy an ADU.

A separate EDU is required for the use.

Design and development standards.

Dimensional requirements. ADUs shall meet the setback and coverage requirements for principal structures in the underlying zoning district.

Maximum size. The maximum permitted floor area of an ADU shall be the lesser of 40% of the living area of the primary residence or 1,200 square feet.

Maximum building height.

ADUs attached to the primary residence shall not increase or exceed the height of the existing primary residence.

An ADU may not be a mobile home, motor home, or trailer.

Agricultural uses.

At least 50% of a parcel, lot, or tract must be actively used for agricultural purposes as defined in Article II to qualify as an agricultural use.

Parking shall be in compliance with Article XXV. Parking is not permitted in the street right-of-way.

Sanitary facilities shall be provided in accordance with PA DEP requirements.

All prepared food for sale must be prepared in accordance with applicable federal, state, or local regulations.

Permanent structures associated with agritourism enterprises shall comply with the dimensional regulations in the R-A Residential Agriculture District.

The applicant shall submit evidence that all state and federal requirements have been met prior to the issuance of a final occupancy permit.

Community gardens shall comply with the lot size and dimensional restrictions of the district in which they are located.

Use B-4: Riding Academy/Stable. A riding academy, livery, or commercial boarding of horses shall be permitted, provided that:

Animal sheds and storage buildings shall not be located closer than 100 feet to any property line.

Residential uses.

The proposed development will not have a disruptive effect on the existing topography, floodplains, wetlands, mature woodlands or other natural features on the site.

The tract in question can be developed in a manner consistent with community goals as expressed in the Douglass Township Open Space Plan.

Use C-2: Single-Family Detached Dwelling. A building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.

Travel trailers and motor homes or similar non-powered or self-powered transient vehicles are prohibited.

Not more than 40% of the total number of dwelling units in a manufactured home development may be conventionally-built or modular single-family detached dwellings.

Any parcel to be used as a manufactured home development must have a minimum tract size of 10 contiguous acres of land.

At least 50% of the site must be composed of developable land as defined in this chapter.

Site design.

Setback from common parking facilities. No manufactured home or accessory use shall be located within 25 feet of the edge of pavement of any common parking area.

Lot coverage. The maximum coverage of any individual manufactured home lot by all primary and accessory buildings and structures, including covered patios or decks, shall be no greater than 25%.

Height. No structure built in a manufactured home development district shall exceed a height of three stories or a minimum of 35 feet.

Minimum lot size and width may be reduced up to a maximum of 10%, provided at least 50% of all lots so reduced shall directly abut a part of the common open space for a distance of at least 20 feet.

An area equal to that by which each lot is reduced shall be added to the minimum common open space required by the R-3 District. All other regulations remain as stated herein.

The dwelling units may share outside access and internal hallways, lobbies, and similar facilities.

The dwelling units cannot be individually lotted, but shall share a lot or parcel on which the building is located; except under condominium law.

Use C-8: Multifamily Conversion. The remodeling or alteration of a single-family home to a multifamily use.

Conversion of single-family houses to multifamily is permitted by special exception in the L-C District, provided there are no more than five dwelling units in any one building.

Use C-9: Independent Living Unit. A single-family detached, single-family semi-detached, or single-family attached dwelling unit within a Continuing Care Retirement Community.

A spouse under 55 years if married to a resident over that age.

Up to two children, or one child and one child-in-law, over 18 years of age, residing with at least one parent over 55 years of age whose presence is required to care for that parent.

A spouse under 55 years of age who is the surviving member of a previously qualified household.

A live-in nurse or similar caretaker whose presence is required to care for an occupant over 55 years of age.

Any adult child with special needs that must reside with at least one qualified parent.

Commercial uses.

Any adult use shall not be located within 500 feet of a residential zone, church, playground, park or any other adult use unless a waiver is obtained as provided for in § 265-41D(1)(c) hereof.

Any adult use shall not be located within 1,000 feet of a school unless a waiver is obtained as provided for in § 265-41D(1)(c) hereof.

A waiver shall be granted upon the following conditions:

In the case of an adult use to be located within 500 feet of a residential zone, church, playground, park or any other adult use:

When 51% of the persons owning real estate or residing on real estate or operating a business, within 500 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When the applicant for the proposed adult use has complied with § 265-26 of this chapter where applicable.

In the case of an adult use to be located within 1,000 feet of a school:

When 51% of the persons owning real estate or residing on real estate or operating a business, within 500 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When 51% of the parents of minor children who attend any school located within 1,000 feet of the proposed adult use have approved of the waiver allowing such use in writing; and

When the applicant for the proposed adult use has complied with § 265-26 where applicable.

Outdoor display shall be limited to motor vehicles.

Except for incidental emergency repair work, vehicle repairs and service are to be conducted indoors.

No temporary storage of vehicles is permitted on the abutting roadway.

No parking or storage of vehicles or supplies may be located within 25 feet of the ultimate right-of-way of any street.

No streamers, pennants, flags, balloons or similar ornamentation shall be hung, strung or affixed to buildings, structure, or vehicles.

Anticipated noise and congestion created by the use will be comparable to the levels created by the uses permitted in the zoning district where the use is permitted.

Painting and body work and/or other service and/or repair shall be conducted only within buildings upon the property.

The sale of gasoline, diesel fuel, and kerosene shall be prohibited.

The outdoor display and sale of vehicles is prohibited.

Vehicles shall not be parked or stored for repair or service within the front yard setback.

All storage, including parts, tires, refuse, and similar articles shall be stored within a building or fully enclosed area.

Anticipated noise and congestion created by the use will be comparable to the levels created by the uses permitted in the zoning district where the use is permitted.

Use A-13: Drive-Through Facility may be established as an accessory use to a bank provided that all requirements of the use are met.

All farmers' markets and their vendors comply with all federal, commonwealth and local laws relating to the operation, use, and enjoyment of the market premises.

Farmers' markets may be held in the same fixed location and may be conducted year-round or may be operated on an occasional or periodic basis as a seasonal or temporary use.

Use D-12: Fuel Service Station. An area of land, together with any structure, thereon, used for the retail sale of motor fuel and lubricants and ancillary services.

All automobile servicing activities except those performed at fuel pumps shall be performed within a completely enclosed building.

Minimum setback of fuel pumps from the ultimate right-of-way: 25 feet.

Minimum setback of parking (any portion) from fuel pumps: 30 feet.

Fuel pumps shall not interfere with parking spaces or internal circulation.

Canopies shall meet the following requirements:

Canopies shall be set back at least 15 feet from property lines and ultimate right-of-way lines and 50 feet from abutting residentially zoned properties.

Individual canopies shall have a maximum area of 3,600 square feet; multiple canopies shall be separated by a minimum distance of 15 feet.

Lighting for canopies shall be recessed so that the bottom of the lighting fixture is flush with the underside of the canopy, using a full cutoff flat lens luminaire.

The following accessory uses are permitted:

Use D-8: Convenience Store.

A minimum lot size of 1/2 acre shall be required for interior pens. If outdoor boarding of animals, outdoor pens, or animal runways are provided, the minimum lot size shall be one acre.

Interior pens shall be soundproofed so that animal noises will not be heard off-premises.

Use D-14: Laundry (Self-Service). A business or use that provides washing, cleaning, and drying machines for hire or rent, to be used by customers on the premises.

It shall be demonstrated to the Township Zoning Officer that adequate provisions will be made for wastewater disposal.

A dispensary may not be located within 1,000 feet of the property line of a state licensed public, private or parochial school or a day-care center.

The facility shall be licensed by the Pennsylvania Liquor Control Board.

Use A-11: Outdoor Dining may be established as an accessory use to a Dine-In Restaurant provided that all requirements of the use are met.

Any brewery, winery, or distillery that produces a net volume greater than 100,000 gallons annually shall be treated as Use H-5: Light Manufacturing.

(17)

Use D-17: Mixed Use. A building which contains both residential dwelling unit(s) and at least one nonresidential use. The following additional standards shall be satisfied:

Regardless of the number of residential dwelling units proposed, the use regulations for Use C-8: Multifamily Development shall apply to all mixed use buildings.

Only those uses which are expressly permitted in the applicable zoning district shall be permitted in a mixed use building. All applicable use regulations shall apply to mixed use buildings.

(18)

No cooking facilities shall be allowed in guest rooms.

Use D-22: Restaurant, Dine In is permitted as an accessory use.

(19)

Retail store fronts or other business uses on the street level shall be required on major collector or higher classification highways.

Use D-21: Repair Services. A repair service shall include any business where the primary function is the repair of appliances, small business or electronic machines and similar products.

This use does not include auto or vehicle repair.

All items shall be repaired on the premises.

No outside storage is permitted.

(22)

Use A-11: Outdoor Dining may be established as an accessory use to a Dine-In Restaurant provided that all requirements of the use are met.

(23)

Use A-13: Drive-Through Facility may be established as an accessory use to a take-out restaurant provided that all requirements of the use are met.

Use A-11: Outdoor Dining may be established as an accessory use to a take-out restaurant provided that all requirements of the use are met.

(24)

Use D-24: Retail Establishment. A building or portion thereof involved in the sale, lease, or rental of new or used products, not including vehicle or machinery sales/rental.

(25)

In order to maintain the retail nature of the center, no more than 25% of the uses shall be non-retail uses.

In order to provide architectural variety, no individual section or strip of stores shall exceed 150 feet in length without an offset greater than six feet in depth.

Load/unload zones, dumpsters, and service structures shall not be located in front of the building facade and shall not face the public streets surrounding the shopping center.

Satellite uses may be proposed in the initial shopping center plan approval process, or be added to the shopping center following initial plan approval in compliance with the following regulations:

Not more than 10% of the total allowable building coverage for shopping centers shall be devoted to satellite uses.

Total building coverage of the shopping center, including satellite uses, shall not exceed 30%.

Access to parking and service areas intended for satellite uses shall be taken only from driveways within the shopping center, and shall not connect directly to an abutting street.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Use D-29: Supermarket/Grocery Store. A retail store selling a variety of foods and household items.

Office uses.

Boarding of animals shall only be for the purposes of medical care.

Recreation/entertainment uses.

Use F-1: Golf Course. A golf course, including chip and putt and similar uses, may include a clubhouse, restaurant, and other accessory uses, and shall be subject to the following provisions:

No building shall be closer than 100 feet to any lot line.

A seventy-five-foot screening buffer shall be provided, in accordance with the provisions of this chapter, along all side and rear property lines.

Fencing or netting not to exceed 150 feet in height is required for driving ranges.

Community service and institutional uses.

Day-care centers are permitted as an accessory use to Use G-9: Place of Worship by conditional use.

All day-care facilities shall conform to the following criteria and standards as well as the requirements of the district in which they are located.

Use G-1 Day-Care Center and Use G-2 Group Day-Care Home shall meet the following requirements:

The requisite outdoor play area shall only be located in the rear yard of the subject property.

The outdoor play area shall be located within the building setback lines of the property on which it is located.

Any signs shall comply with standards in this chapter governing the use of signs.

Outdoor play shall be limited to the hours between 8:00 A.M. and 7:00 P.M.

In residential and institutional districts, no group day-care home or child day-care center shall be established within 500 feet of another such use, private nursery or kindergarten.

For group day-care homes, the time of operation shall be limited to the hours between 6:30 A.M. and 7:00 P.M.

Adult day-care centers shall comply with the requirements of § 265-230G(1) (parking), Article XXIV (Signs), and § 265-41G(1)(c)[9] (hours of operation).

A forty-foot buffer strip, unoccupied except for landscaping and walkways, shall be provided between any building or burial site and the cemetery property line.

Entrance features, including gates, fountains, statuary, identification signs and the like shall not exceed 12 feet in height.

Cemeteries shall be permitted as an accessory use to Use G-9: Place of Worship by conditional use.

Permitted uses within the CCRC include:

Use C-9: Independent Living Unit.

Use C-3: Single-Family Detached Dwelling.

Use C-4: Single-Family Attached Dwelling (no more than four units shall be attached in any building).

Use C-5: Single-Family Semi-Detached Dwelling (Twin).

Use C-7: Multifamily Development (not to exceed 24 units in any building).

Use C-10: Assisted Living Unit.

Use C-11: Nursing Home Unit.

Accessory uses customarily incidental to any of the above uses, including but not limited to dining and kitchen facilities, healthcare facilities, and recreation facilities.

Dimensional standards:

Minimum tract area: 10 acres.

Minimum tract frontage: 200 feet on a public or private street.

Tract building setback: All CCRC buildings shall be set back a minimum of 40 feet from tract boundaries and ultimate rights-of-way.

Minimum building setbacks:

From the curb lines of interior streets and drives: 25 feet.

From off-street parking areas: 15 feet.

From adjacent buildings on the same site: 25 feet, or the average height of the two adjacent buildings, whichever is greater.

Building height:

Single-family detached, semi-detached, and attached independent living units: 35 feet or three stories.

Assisted living and nursing home unit buildings: 45 feet.

Maximum impervious coverage: 75% of gross tract area, excluding any area within the right-of-way of a street offered for dedication to Douglass Township.

Maximum building coverage: 35% of gross tract area.

Educational facilities are permitted as an accessory use to Use G-9: Place of Worship by conditional use.

Use G-6: Emergency Services. Such use shall include ambulance, fire, police, rescue, and other emergency services of a municipal or volunteer nature.

Use G-8: Senior Living Facility. This use may include nursing homes and retirement communities.

The following accessory uses are permitted by conditional use. A traffic study shall be submitted with the application:

Use G-5: Educational Facilities.

Use G-3: Cemeteries.

Use G-1: Day-Care Centers.

Industrial uses.

Artisan manufacturing shall not include any activity that causes noise, odor, or vibration to be detectable on a neighboring property.

Power generators, water cooling and storage facilities, and other mechanical and associated infrastructure serving the use shall not be visible from any adjacent street, use, or building.

Ground level and roof top mechanical equipment shall be screened.

Generator testing shall be limited to weekdays between 8:00 am and 5:00 pm.

Signs, parking for cars, screening and green area must conform to the requirements for the district in which it is located.

Fencing, which does not interfere with the landing of the helicopters, shall be required whenever necessary to restrict pedestrian access.

When necessary for law enforcement purposes or for emergencies; or

On an occasional basis (not more than two landings and takeoffs per year in one location) not including the activities listed under Subsection H(3)(a)[1] above.

The permit shall be deemed automatically revoked if:

The following conditions as well as any other reasonable conditions may be imposed by the Board of Supervisors. A refund of the excess of the deposit over such costs will be made to the applicant.

The applicant shall provide satisfactory documentation to indicate that the proposed application has been approved by Montgomery County as consistent with its municipal waste management plan.

The applicant shall comply with all applicable federal and state regulations.

Dimensional standards:

Minimum lot size (exclusive of existing rights-of-way of public roads): eight acres; provided, however, that the minimum lot size for a sanitary landfill shall be 50 acres.

Minimum lot width at building line: 500 feet. (Applicable to sanitary landfill only.)

Minimum building setback measured from:

The ultimate right-of-way line: 200 feet.

An abutting district boundary line: 200 feet.

Any other property line: 200 feet.

Maximum building height: 120 feet, provided, however, that this height limitation shall not apply to the height of the stack.

Vehicular access.

The Board of Supervisors may designate safe and adequate access roads and prohibit the use of other roads, except for local trash collection purposes.

Applicant at its expense may be required to upgrade access roads to the facility in accordance with a plan approved by the Board of Supervisors.

The costs of upgrading and maintaining access roads to the solid waste management facility shall be paid by the solid waste management facility operation in a manner suitable to the Supervisors.

The solid waste management facility site shall be graded and provided with appropriate drainage facilities to minimize runoff, prevent erosion, and to prevent collection of stagnant water.

Buildings shall be constructed on the site to house equipment other than motor vehicles when not in use.

A tire cleaning area shall be provided on the access road within the solid waste management facility site. All tires on all trucks leaving the solid waste management facility site shall be cleaned.

(q)

An environmental assessment statement shall be submitted to the Board of Supervisors, and shall include the following:

A description of all proposed facilities;

The sources of data used to identify, quantify or evaluate any and all environmental consequences must be expressly noted;

An analysis of:

The primary and secondary effects on the solid waste management facility and its capacity to stimulate or induce changes in patterns of social and/or economic facilities;

The impact on existing community facilities and activities, changes in natural conditions, and so forth; and

The effect on natural and cultural features such as streams, mountains, historic sites, landmarks, principal roads, lakes and towns;

Specific data relating to the impact of the solid waste management facility on local vehicular traffic, and designating the routes to be utilized by vehicles seeking access to that proposed facility;

Specific data relating to the impact of the solid waste management facility on local water supplies, streams and rivers;

Specific data relating to the impact of the solid waste management facility on natural or man-made local storm drainage facilities and areas;

The aesthetic impact of the proposed action including its impact upon visual quality of the surround community;

An analysis of the success and/or failure of similar projects;

[15]

A statement of any adverse effects on employment, taxes and property values;

[16]

A statement of any effects on desirable community growth;

[17]

A statement describing the location and impact of the project on nearby recreation areas.

[18]

Such other information as reasonably required by the Board of Supervisors, Planning Agency, Engineer, and/or Solicitor.

(r)

Contents of application. An application for a conditional use for a solid waste management facility shall contain the following:

A topographical drawing, prepared by a professional engineer, registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 100 feet, showing:

Location of site relative to public roads;

Owners of adjacent properties;

Proposed fencing and improvements;

Proposed screening and buffering;

Cross sections showing the existing grades and the proposed grades upon completion and closure;

Location of equipment cleaning and tire cleaning areas; and

Location of weighing scales, firefighting equipment and all facilities, including buildings.

The names and current addresses of any and all persons who own any interest, real or equitable, in the real estate which is the subject of the application;

The names and current addresses of any and all persons having any ownership interest in the operation or proposed operation, maintenance and use of the solid waste management facility in question;

The identities and qualifications of personnel designated to manage and operate the proposed facility, together with their intended responsibilities;

An access road survey, which shall include the following;

Statements as to the estimated number of vehicles which are expected to use the site on a daily basis during the first two years of operations and as to the estimated weight thereof; and

A plan indicating all roads anticipated to be used as access roads.

Statement of applicant's prior experience, if any, in operating solid waste management facilities;

An environmental assessment statement as required by § 265-41G(6)(q) above.

(s)

Permits, inspections, operations.

Application for renewal shall be on a year-to-year basis, and the license fee shall be as set from time to time by resolution of the Board of Supervisors.

Do not have loads fully enclosed within the truck body or which are not covered by appropriate covering and restraining devices;

Are discovered by the Township to be utilizing routes other than those designated in the operating permit.

Limitation of capacity. No incinerator or resource recovery shall have a design capacity of greater than 750 tons in a twenty-four-hour period.

(cc)

(dd)

Waiver of requirements. The Board of Supervisors for good cause may, in its discretion, waive any of the requirements set forth in this section.

General regulations.

Solar energy systems shall be operated in compliance with all federal, state, and local laws and regulations.

Setbacks.

Setbacks for building-mounted solar energy facilities shall meet the following requirements.

A 1.5-foot setback from all roof hips and valleys shall be provided if solar modules are installed on both sides of the roof hip or valley.

A three-foot setback from a minimum of two roof edges shall be provided for roof mounted solar modules to ensure that firefighters may access the roof in a quick and safe manner.

Height.

Ground-mounted or freestanding solar energy facilities shall not exceed 25 feet in height.

Design and installation.

All exterior electrical and/or plumbing lines shall be buried below the surface of the ground and be placed in a conduit.

Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

All mechanical equipment of the solar energy facility, including any pad mounted structure for batteries, switchboard, transformers, or storage cells.

Paved access roads servicing the solar energy facility.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Buffers are required per § 230-47 of the Township's Subdivision and Land Development[5] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

Lighting. Lighting of the solar energy facility shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Decommissioning requirements.

The owner of the solar energy facility is required to notify Douglass Township immediately upon cessation or abandonment of the operation.

Any aboveground mechanical equipment, wiring, and structural components shall be removed.

Underground wiring and structural components shall be removed and the resulting void space filled.

When a solar energy facility is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.

Financial security.

Exterior storage of boats, trailers, recreational vehicles, and commercial vehicles are permitted by conditional use. Storage of these vehicles shall be in the rear yard.

A screening buffer shall be provided to mitigate the visual impact on adjoining properties per § 230-47 of the Township's Subdivision and Land Development[6] Ordinance.

Editor's Note: See Ch. 230, Subdivision and Land Development.

The maximum size of a warehouse/storage facility shall be 150,000 square feet. A self-storage facility shall be limited to 35,000 square feet of rentable space.

A traffic impact study shall be submitted with the application.