East Allen Township
City Zoning Code
City Zoning Code
ARTICLE III
Zoning Districts and Uses
§ 250-11 (((-301.))) Establishment of zoning districts.
A.
For the purpose of this ordinance, zoning districts are hereby established as follows:
[Amended 2-19-2004 by Ord. No. 2004-3; 9-22-2005 by Ord. No. 2005-8]
C | Conservation District | |
A/RR | Agricultural/Rural Residential District | |
A/RR/MPRD | Agricultural/Rural Residential/Major Planned Residential Development District | |
AG | Agricultural District | |
SR | Suburban Residential District | |
PR | Planned Residential District | |
PC-1 | Planned Commercial District | |
PC-2 | Limited Planned Commercial District | |
LI/BP | Light Industrial/Business Park District | |
GI | General Industrial District | |
EI | Extractive Industrial District (98-05) | |
OC | Office Commercial District |
B.
For the purposes of this ordinance, the zoning districts named in § 250-11A shall be of the number, size, shape, and location shown on the Official Zoning Map adopted and included in its entirety as a part of this ordinance.[1]
[1]
Editor's Note: The Official Zoning Map is on file in the Township offices and can be viewed during regular office hours.
§ 250-12 (((-302.))) Applicability of district regulations.
A.
Unless otherwise provided by law or specifically in this ordinance, no land or building or structure shall be used or occupied except for a use permitted in the zoning district within which the land or building or structure is located.
B.
The regulations set by this ordinance shall apply uniformly to each class or kind or structure or land, except as provided for in this ordinance.
C.
No building, structure, or land shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, and no building or structure or part thereof shall hereafter be used or occupied, unless it is in conformity with the regulations herein specified for the use and district in which it is located.
D.
No part of yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
E.
No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
F.
Any territory which may hereafter be annexed to the Township shall be classified as the zoning district of the Township most similar to the zoning of such territory before annexation (as determined by the Zoning Hearing Board) until otherwise classified.
§ 250-13 (((-303.))) Zoning Map.
B.
The Official Zoning Map shall be identified by the signature of the Chairman of the Board of Supervisors attested by the Township Secretary, and shall bear the adoption date of this ordinance and the seal of the Township under the following words: "This is to certify that this is the Official Zoning Map adopted June 16, 2005, as amended, as part of the East Allen Township Zoning Ordinance."
[Amended 9-22-2005 by Ord. No. 2005-8]
C.
Changes of any nature to the Official Zoning Map shall be made in conformity with the amendment procedures set forth in this ordinance. All changes shall be noted by date with a brief description of the nature of the change.
D.
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the Township office and shall be the final authority on boundaries and districts. The Zoning Officer shall have a certified copy of the Official Zoning Map for official use.
E.
New maps.
(1)
If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, the Board of Supervisors may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
(2)
The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall include an amendment thereof.
(3)
The new Official Zoning Map shall be identified by the signatures of the Board of Supervisors, attested to by the Township Secretary, and bearing the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted December 9, 1982, as amended, as part of the East Allen Township Zoning Ordinance."
(4)
Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any part or parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.
§ 250-14 (((-304.))) Rules for interpreting district boundaries.
A.
Zoning boundaries drawn approximately following the center lines of streams, drainageways, streets, alleys, railroads or other rights-of-way shall be construed to follow such center lines. In the event of any change in the center line, the zoning boundary shall be construed as moving with the actual center line.
B.
Boundaries approximately following property lot lines shall be construed as following such property lot lines.
C.
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of such map.
§ 250-15 (((-305.))) Conservation District (C).
A.
Purpose. The purposes of the Conservation District are to protect and preserve the scenic, recreational and environmental resources of the natural resources in the Township and to provide for the orderly development of the Township. The predominant land uses in the C District are forest land and other open space uses on steep slopes, wet soils, or stream valleys. The regulations for the C District are designed to protect these land uses from spoliation and to channel development to more appropriate areas of the Township.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Conservation District by the Zoning Officer, provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Conservation District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance:
[Amended 8-19-2004 by Ord. No. 2004-7; 9-22-2005 by Ord. No. 2005-8]
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Conservation District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
E.
Accessory uses.
(1)
Each accessory use in the Conservation District shall comply with the minimum yard requirements of § 250-15G, except as specifically provided for in this ordinance.
(2)
Each of the following accessory uses shall be permitted in the Conservation District only if such use complies with the relevant standards contained in § 250-27 of this ordinance:
(a)
Bus shelter.
(b)
Farm pond.
(c)
Home gardening, nursery, or greenhouse.
(d)
Home occupation.
(e)
Noncommercial swimming pool.
(f)
Recreational vehicle.
(g)
Residential accessory structure or use.
(h)
Seasonal roadside produce market.
(i)
Solar energy system.
(j)
Temporary structure or use.
(k)
Tennis court.
(l)
Small wind energy system.
[Amended 4-23-2009 by Ord. No. 2009-03]
(m)
No-impact home-based business, as defined in § 250-10, except that this permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
[Added 2-19-2004 by Ord. No. 2004-3]
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Conservation District, except as specifically provided for in this ordinance:
Maximum Land Coverage (percent) | Maximum Building Height | |||||
|---|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (acres) | Minimum Lot Width (feet) | By Buildings | By Total Impervious Cover1 | (stories) | (feet) |
Any use | 3 | 220 | 5 | 101 | 2.5 | 35 |
NOTES: 1At least 30% of the total lot area shall be lawns and/or vegetation land cover. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Conservation District, except as specified in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 40 | 35 | 70 | 35 | |
§ 250-16 (((-306.))) Agricultural/Rural Residential District (A/RR).
A.
Purpose. The purposes of the Agricultural/Rural Residential District are to maintain and promote agriculture in the Township, to maintain the rural character of the Township, to protect and preserve natural resources in the Township, and to provide for the orderly development of the Township. The predominant land uses in the A/RR District are agriculture, animal husbandry, other open space uses, and single-family detached dwellings. The regulations for the A/RR District are designed to protect and stabilize the essential characteristics of these areas, to minimize conflicting land uses, and to control development which requires highways and public services in excess of those required by these uses.
[Amended 11-17-2011 by Ord. No. 2011-09; 5-9-2012 by Ord. No. 2012-07]
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Agricultural/Rural Residential District by the Zoning Officer, provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
(1)
General agriculture, including animal husbandry.
(5)
Orchard.
(8)
Communications antennas mounted on an existing public utility transmission tower, building or other structure and communications equipment buildings.[1]
[1]
Editor's Note: Former Subsection B(9), University planned development, added 11-17-2011 by Ord. No. 2011-09, which immediately followed this subsection, was repealed 5-9-2012 by Ord. No. 2012-07.
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Agricultural/Rural Residential District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance.
[Amended 8-19-2004 by Ord. No. 2004-7; 9-22-2005 by Ord. No. 2005-8]
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Agricultural/Rural Residential District when authorized by the Board of Supervisors in accordance with the standards in § 250-26 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
E.
Accessory uses.
(1)
Each accessory use in the Agricultural/Rural Residential District shall comply with the minimum yard requirements of § 250-16G., except as specifically provided for in this ordinance.
(2)
Each of the following accessory uses shall be permitted in the district only if such use complies with the relevant standards contained in § 250-27 of this ordinance:
(a)
Bus shelter.
(b)
Farm pond.
(c)
Home gardening, nursery or greenhouse.
(d)
Home occupation.
(e)
Noncommercial swimming pool.
(f)
Recreational vehicle.
(g)
Residential accessory structure or use.
(h)
Seasonal roadside produce market.
(i)
Solar energy system.
(j)
Temporary structure or use.
(k)
Tennis court.
(l)
Small wind energy system.
[Amended 4-23-2009 by Ord. No. 2009-03]
(m)
No-impact home-based business, as defined in § 250-10, except that this permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
[Added 2-19-2004 by Ord. No. 2004-3]
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Agricultural/Rural Residential District, except as specifically provided for in this ordinance.
[Amended 11-17-2011 by Ord. No. 2011-09; 5-9-2012 by Ord. No. 2012-07]
Maximum Land Coverage (percent) | Maximum Building Height | |||||
|---|---|---|---|---|---|---|
Principal Use | Mini- mum Lot Area (acres) | Mini- mum Lot Width (feet) | By Build- ings | By Total Imper- vious Cover1 | (stories) | (feet) |
Animal husbandry | 3 | 220 | 5 | 101 | 2.5 | 35 |
Any other use | 1 | 130 | 15 | 201 | 2.5 | 35 |
NOTES: 1At least 30% of the total lot area shall be lawns and/or vegetation land cover. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Agricultural/Rural Residential District, except as specifically provided for in this ordinance.
[Amended 11-17-2011 by Ord. No. 2011-09; 5-9-2012 by Ord. No. 2012-07]
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any other use | 30 | 20 | 40 | 20 | |
H.
Special one-hundred-foot-wide raised berm buffer yard requirement.
[Added 11-20-2013 by Ord. No. 2013-08]
(1)
A one-hundred-foot-wide raised berm buffer yard shall be constructed between any proposed intensive agriculture use on a lot with an area of eight acres or more and any contiguous property zoned to allow residential use or which is zoned as an agricultural zoning district (either Agricultural/Rural Residential - A/RR, or Agricultural - AG). This requirement shall apply even if the adjacent property is in another municipality or across a public street. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to a forty-foot-wide raised berm buffer yard.
(2)
This buffer yard shall be measured from the lot line of the proposed use adjacent to the feature listed in Subsection H(1).
(3)
The buffer yard shall be landscaped with vegetative ground cover and evergreen and deciduous trees and flowering trees.
(4)
The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings and structures of any kind except for approved access driveways or pathways and/or sidewalks or drainage and/or utility facilities as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.
(5)
The raised berm in the buffer yard may be undulating but shall have an average height of 14 feet or as otherwise approved by the Board of Supervisors during site or land development plan review. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to an average height of four feet.
(6)
(7)
The plants shall be arranged on berms to provide a visual barrier of any nonresidential use. A minimum of 1/2 of the flowering trees shall be planted on the residential side of the berm.
(8)
The height of evergreen trees shall be a minimum of eight feet at the time of planting, measured from finished grade. The average size of deciduous trees shall be a minimum two-inch caliper measured three feet above finished grade, and deciduous trees shall also have a minimum height of 12 feet at the time of planting. Flowering trees shall be a minimum seven feet high at the time of planting.
(9)
Berms within the buffer yards shall have a maximum slope of 3:1.
(10)
The toe of the slope of the berm shall begin at a minimum of 10 feet from the lot line.
(11)
The berm shall have a minimum width of four feet at the top.
§ 250-17 (((-306A))) Agricultural District (AG).
A.
Purpose. The primary purpose of this district is to promote the continuation and preservation of agricultural activities in those areas most suitable for such activities. This district also intends to protect and stabilize the Township's viable agricultural economy by eliminating uses that are incompatible with farming, but permitting limited agricultural support businesses. Consequently, residential users are limited and any future inhabitants in this District must be willing to accept the impacts associated with normal farming practices, and related businesses.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Agricultural District by the Zoning Officer, provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
C.
Special exception uses. This district has no special exception uses.
[Amended 9-22-2005 by Ord. No. 2005-8]
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Agricultural District when authorized by the Board of Supervisors in accordance with the standards in § 250-26 of this ordinance:
E.
Accessory uses.
(1)
Each accessory use in the Agricultural District shall comply with the minimum yard requirements of § 250-17G, except as specifically provided for in this ordinance.
(2)
Each of the following accessory uses shall be permitted in the district only if such use complies with the relevant standards contained in § 250-27 of this ordinance:
(a)
Agricultural accessory structure or use.
(b)
Bus shelter.
(c)
Farm pond.
(d)
Home gardening, nursery or greenhouse.
(e)
Home occupation.
(f)
Noncommercial swimming pool.
(g)
Recreational vehicle.
(h)
Residential accessory structure or use.
(i)
Seasonal roadside produce market.
(j)
Solar energy system.
(k)
Temporary structure or use.
(l)
Tennis court.
(m)
Small wind energy system.
[Amended 4-23-2009 by Ord. No. 2009-03]
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Agricultural District, except as specifically provided for in this ordinance:
Maximum Land Coverage (percent) | Maximum Building Height | |||||
|---|---|---|---|---|---|---|
Principal Use | Mini- mum Lot Area (acres) | Mini- mum Lot Width (feet) | By Build- ings | By Total Imper- vious Cover1 | (stories) | (feet) |
Single- family detached dwelling1 | 1 | 130 | 15 | 20 | 2.5 | 35 |
Any other use | 10 | 300 | 5 | 10 | 2.5 | 35 |
NOTES: 1Pursuant to conditional use requirements of § 250-26 of this ordinance. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Agricultural District, except as specifically provided for in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any other use | 50 | 50 | 100 | 50 | |
H.
Special one-hundred-foot-wide raised berm buffer yard requirement.[1]
[Added 11-20-2013 by Ord. No. 2013-08]
(1)
A one-hundred-foot-wide raised berm buffer yard shall be constructed between any proposed intensive agriculture use on a lot with an area of eight acres or more and any contiguous property zoned to allow residential use or which is zoned as an agricultural zoning district (either Agricultural/Rural Residential - A/RR, or Agricultural - AG). This requirement shall apply even if the adjacent property is in another municipality or across a public street. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to a forty-foot-wide raised berm buffer yard.
(2)
This buffer yard shall be measured from the lot line of the proposed use adjacent to the feature listed in Subsection H(1).
(3)
The buffer yard shall be landscaped with vegetative ground cover and evergreen and deciduous trees and flowering trees.
(4)
The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings and structures of any kind except for approved access driveways or pathways and/or sidewalks or drainage and/or utility facilities as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.
(5)
The raised berm in the buffer yard may be undulating but shall have an average height of 14 feet or as otherwise approved by the Board of Supervisors during site or land development plan review. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to an average height of four feet.
(6)
(7)
The plants shall be arranged on berms to provide a visual barrier of any nonresidential use. A minimum of 1/2 of the flowering trees shall be planted on the residential side of the berm.
(8)
The height of evergreen trees shall be a minimum of eight feet at the time of planting, measured from finished grade. The average size of deciduous trees shall be a minimum two-inch caliper measured three feet above finished grade, and deciduous trees shall also have a minimum height of 12 feet at the time of planting. Flowering trees shall be a minimum seven feet high at the time of planting.
(9)
Berms within the buffer yards shall have a maximum slope of 3:1.
(10)
The toe of the slope of the berm shall begin at a minimum of 10 feet from the lot line.
(11)
The berm shall have a minimum width of four feet at the top.
[1]
Editor's Note: Former Subsection H, regarding a Zoning Map amendment for this district, was repealed 9-22-2005 by Ord. No. 2005-8.
§ 250-18 (((-307.))) Suburban Residential District (SR).
A.
Purpose. The purposes of the Suburban Residential District are to provide for low- to moderate-density (depending on centralized water and sewer availability) residential areas which are protected from incompatible land uses, so as to maintain these areas as attractive living environments and to promote the orderly development of the Township. Residential uses are the predominant land uses in the district. The regulations for this district are designed to protect the quality of these residential areas.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Suburban Residential District by the Zoning Officer, provided that the use, type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
(1)
General agriculture, not including animal husbandry and greenhouses.
(3)
Mobile home.
(5)
Single-family detached cluster development (see Appendix B for additional requirements).
(6)
Single-family detached dwelling.
(7)
Communication antennas mounted on an existing public utility transmission tower, building or other structure and communications equipment buildings.
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Suburban Residential District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Suburban Residential District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
E.
Accessory uses.
(1)
Each accessory use in the Suburban Residential District shall comply with the minimum yard requirements of § 250-18G, except as specifically provided for in this ordinance.
(2)
Each of the following accessory uses shall be permitted in the Suburban Residential District only if such use complies with the relevant standards contained in § 250-27 of this ordinance:
(a)
Bus shelter.
(b)
Farm pond.
(c)
Home gardening, nursery or greenhouse.
(d)
Home occupation.
(e)
Noncommercial swimming pool.
(f)
Recreational vehicle.
(g)
Residential accessory structure or use.
(h)
Solar energy system.
(i)
Temporary structure or use.
(j)
Tennis court.
(k)
Small wind energy system.
[Amended 4-23-2009 by Ord. No. 2009-03]
(l)
No-impact home-based business, as defined in § 250-10, except that this permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
[Added 2-19-2004 by Ord. No. 2004-3]
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Suburban Residential District, except as specifically provided for in this ordinance.
[Amended 1-11-2012 by Ord. No. 2012-04]
Maximum Land Coverage (percent) | Maximum Building Height | ||||||
|---|---|---|---|---|---|---|---|
Principal Use | Mini- mum Lot Area (acres) | Mini- mum Lot Width (feet) | By Build- ings | By Total Imper- vious Cover1 | (stories) | (feet) | |
Agriculture | 43,560 | 130 | 10 | 15 | 2.5 | 35 | |
Any other use: | |||||||
With on-lot sewer and on-lot water | 43,560 | 130 | 15 | 201 | 2.5 | 35 | |
With on-lot sewer and public water supply system | 43,560 | 110 | 15 | 201 | 2.5 | 35 | |
With centralized sewer and on-lot water | 25,000 | 100 | 20 | 211 | 2.5 | 35 | |
With centralized sewer and public water supply system | 15,000 | 75 | 25 | 351 | 2.5 | 35 | |
NOTES: 1At least 30% of the total lot area shall be lawns and/or vegetation land cover. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Suburban Residential District, except as specifically provided for in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any other use | 30 | 15 | 30 | 20 | |
§ 250-19 (((-308.))) Planned Residential District (PR).
A.
Purpose. The purposes of the Planned Residential District are to provide for a variety of housing types and densities in residential areas which are protected from incompatible land uses and are near the commercial uses and community facilities, so as to maintain these areas as attractive living environments and to promote the orderly development of the Township.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Planned Residential District by the Zoning Officer, provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
(1)
General agriculture, not including animal husbandry and greenhouses.
(3)
Mobile home.
(5)
Planned residential development (see Appendix A for additional requirements).
(6)
Single-family detached cluster development (see Appendix E for additional requirements).
(7)
Single-family detached dwelling.
(8)
Two-family dwelling.
(9)
Communications antennas mounted on an existing public utility transmission tower, building or other structure and communications equipment buildings.
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Residential District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Residential District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
E.
Accessory uses.
(1)
Each accessory use in the Planned Residential District shall comply with the minimum yard requirements contained in § 250-19G, except as specifically provided for in this ordinance.
(2)
Each of the following accessory uses shall be permitted in the Planned Residential District only if such use complies with the relevant standards contained in § 250-27 of this ordinance:
(a)
Bus shelter.
(b)
Farm pond.
(c)
Home gardening, nursery or greenhouse.
(d)
Home occupation.
(e)
Noncommercial swimming pool.
(f)
Recreational vehicle.
(g)
Residential accessory structure or use.
(h)
Solar energy system.
(i)
Temporary structure or use.
(j)
Tennis court.
(k)
Small wind energy system.
[Amended 4-23-2009 by Ord. No. 2009-03]
(l)
No-impact home-based business, as defined in § 250-10, except that this permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
[Added 2-19-2004 by Ord. No. 2004-3]
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Planned Residential District, except as specifically provided for in this ordinance:
[Amended 1-11-2012 by Ord. No. 2012-04]
Maximum Land Coverage (percent) | Maximum Building Height | ||||||
|---|---|---|---|---|---|---|---|
Principal Use | Mini- mum Lot Area (acres) | Mini- mum Lot Width (feet) | By Build- ings | By Total Imper- vious Cover1 | (stories) | (feet) | |
Agriculture | 43,560 | 130 | 10 | 151 | 2.5 | 35 | |
Any other use: | |||||||
With on-lot sewer and on-lot water | 43,560 | 130 | 15 | 201 | 3 | 42 | |
With on-lot sewer and public water supply system | 43,560 | 110 | 15 | 201 | 3 | 42 | |
With centralized sewer and on-lot water | 25,000 | 100 | 20 | 201 | 3 | 42 | |
With centralized sewer and public water supply system | 11,000 | 60 | 25 | 351 | 3 | 42 | |
NOTES: 1At least 30% of the total lot area shall be lawns and/or vegetation land cover. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Planned Residential District, except as specifically provided for in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 20 | 10 | 20 | 20 | |
§ 250-20 (Reserved) [1]
[1]
Editor's Note: Former § 250-20, (-309.) Village Center District (VC), was repealed 9-22-2005 by Ord. No. 2005-8.
§ 250-21 (((-310.))) Planned Commercial District (PC-1).
[Amended 8-19-2004 by Ord. No. 2004-7; 9-22-2005 by Ord. No. 2005-8]
A.
Purpose. The purposes of the Planned Commercial District are to provide for larger commercial and business uses that typically generate higher traffic volumes and, as such, are suited to larger parcels of land with controlled access to arterial roads, such as Airport Road and Nor-Bath Boulevard in the Frank's Corner area of the Township.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Planned Commercial District by the Zoning Officer; provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
(1)
General agriculture, not including animal husbandry.
(18)
Mixed uses in an existing building (site plan review required, see § 250-35), provided that there are no more than four principal uses in the building; and provided that the uses are permitted by right in this district.
(32)
Communication antennas mounted on an existing public utility transmission tower, building or other structure, including existing communication towers, and communication equipment buildings.
C.
Special exception uses.
(1)
Each of the following principal uses and their accessory uses may be permitted in the Planned Commercial District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance:
(a)
Animal hospital/veterinarian office.
(b)
Auto repair/body shop.
(c)
Bottling industry.
(d)
Car wash.
(e)
Drive-in (outdoor) theater.
(f)
Fast-food restaurant.
(g)
Laundry/laundromat.
(h)
(Reserved)
(i)
Communication towers subject to the standards for communications towers as special exceptions set forth at § 250-25 and communications equipment building. The developer shall submit photographs of the site in all compass directions demonstrating the appearance of the site prior to the issuance of a building permit and, upon completion of the tower, photographs of the completed tower with antenna, prior to the issuance of an occupancy permit. In addition, the collocation developer shall submit a site plan for review by the Planning Commission. The requirements for this site plan shall be in conformance with the Township ordinances presently in effect.
(j)
Adult bookstore, adult movie theater or adult live entertainment facility (site plan review required, see § 250-35).
(m)
Commercial outdoor recreation.
(n)
Cultural center.
(o)
Indoor theater/auditorium.
(p)
Stadium.
(q)
Amphitheater.
(r)
Conference and training center and exposition hall.
(2)
Further, any planned commercial use not listed in § 250-21B, C, or D, excluding uses permitted by right, special exception, or conditional use in the Light Industrial/Business Park District (LI/BP), General Industrial District (GI) and Extractive Industrial District (EI) may be permitted in this district by the Zoning Hearing Board in accordance with the standards set forth in § 250-25 of this ordinance.
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Planned Commercial District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
E.
Accessory uses.
(1)
Each accessory use in the Planned Commercial District shall comply with the minimum yard requirements of § 250-21G, except as specifically provided for in this ordinance.
(2)
Each of the following accessory uses shall be permitted in the Planned Commercial District only if such use complies with the relevant standards contained in § 250-27 of this ordinance.
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Planned Commercial District, except as specifically provided for in this ordinance:
Maximum Land Coverage (percent)*** | Maximum Building Height | ||||||
|---|---|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (acres) | Minimum Lot Width (feet) | By Buildings | By Total Impervious Cover | (stories) | (feet) | |
Any use | 8 | 600 | 30 | 70**** | 2.5 | 35 | |
NOTES: ***At least 1,500 square feet must be set aside for an alternate drainfield. ****At least 30% of the total lot area shall be lawns and/or vegetation land cover. | |||||||
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Planned Commercial District, except as specifically provided for in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 50 | 50 | 100 | 50 | |
H.
Special one-hundred-foot-wide raised berm buffer yard requirement.
[Added 11-20-2013 by Ord. No. 2013-08]
(1)
A one-hundred-foot-wide raised berm buffer yard shall be constructed between any proposed nonresidential use, nonresidential overlay zoning or nonresidential subdivision on a lot with an area of eight acres or more (except and excluding any proposed general agriculture use, which proposed use is exempted from this requirement) and any contiguous property zoned to allow residential use or which is zoned as an agricultural zoning district (either Agricultural/Rural Residential - A/RR, or Agricultural - AG). This requirement shall apply even if the adjacent property is in another municipality or across a public street. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to a forty-foot-wide raised berm buffer yard.
(2)
This buffer yard shall be measured from the lot line of the proposed use adjacent to the feature listed in Subsection H(1).
(3)
The buffer yard shall be landscaped with vegetative ground cover and evergreen, deciduous trees and flowering trees.
(4)
The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings and structures of any kind except for approved access driveways or pathways and/or sidewalks or drainage and/or utility facilities as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.
(5)
The raised berm in the buffer yard may be undulating but shall have an average height of 14 feet or as otherwise approved by the Board of Supervisors during site or land development plan review. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to an average height of four feet.
(6)
(7)
The plants shall be arranged on berms to provide a visual barrier of any nonresidential use. A minimum of 1/2 of the flowering trees shall be planted on the residential side of the berm.
(8)
The height of evergreen trees shall be a minimum of eight feet at the time of planting, measured from finished grade. The average size of deciduous trees shall be a minimum two-inch caliper measured three feet above finished grade, and deciduous trees shall also have a minimum height of 12 feet at the time of planting. Flowering trees shall be a minimum seven feet high at the time of planting.
(9)
Berms within the buffer yards shall have a maximum slope of 3:1.
(10)
The toe of the slope of the berm shall begin at a minimum of 10 feet from the lot line.
(11)
The berm shall have a minimum width of four feet at the top.
§ 250-21.1 Limited Planned Commercial District (PC-2).
[Added 9-22-2005 by Ord. No. 2005-8]
A.
Purpose. The purposes of the Limited Planned Commercial District are to provide for a variety of commercial and business uses that are limited in size and in terms of traffic generation. They are generally suited to the smaller parcels of land that exist in this district.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Limited Planned Commercial District, provided that the use, type, dimensional and all other applicable requirements of this ordinance are satisfied:
(1)
General agriculture, not including animal husbandry.
(14)
Mixed uses in an existing building (site plan review required, see § 250-35), provided that there are no more than four principal uses in the building; and provided that the uses are permitted by right in this district.
(15)
Office (including contractor's construction office, but no outside storage of equipment or material) (site plan review required, see § 250-35).
(26)
Communication antennas mounted on an existing public utility transmission tower, building or other structure, including existing communication towers, and communication equipment buildings.
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Limited Planned Commercial District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance.
D.
Conditional use. Each of the following principal uses and their accessory uses may be permitted in the Limited Planned Commercial District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
(6)
Planned mixed commercial/residential development (site plan review required, see § 250-35), which must meet the requirements of § 250-26E(17).
[Added 5-14-2008 by Ord. No. 2008-06]
(7)
Solar energy farm (site plan review required, § 230-35).
[Added 1-11-2012 by Ord. No. 2012-02]
(8)
Dispensary facility.
[Added 5-25-2017 by Ord. No. 2017-05]
E.
Accessory uses.
(1)
Each accessory use in the Limited Planned Commercial District shall comply with the minimum yard requirements of this section, except as specifically provided for in this ordinance.
(2)
Each of the following accessory uses shall be permitted in the Limited Planned Commercial District only if such use complies with the relevant standards contained in § 250-27 of this ordinance.
(3)
Commercial accessory buildings, structure or use.
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Limited Planned Commercial District, except as specifically provided for in this ordinance:
[Amended 1-11-2012 by Ord. No. 2012-04]
Maximum Land Coverage (percent)*** | Maximum Building Height | ||||||
|---|---|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | By Buildings | By Total Impervious Cover | (stories) | (feet) | |
Any use: | |||||||
With on-lot sewer and on-lot water | 43,560 | 130 | 30 | 40 | 2.5 | 35 | |
With on-lot sewer and public water supply system | 43,560 | 130 | 30 | 40 | 2.5 | 35 | |
With centralized sewer and on-lot water | 43,560 | 130 | 30 | 40 | 2.5 | 35 | |
With centralized sewer and public water supply system | 43.560 | 130 | 35 | 70**** | 2.5 | 35 | |
NOTES: |
|---|
*** At least 1,500 square feet must be set aside for an alternate drain field. |
**** At least 30% of the total lot area shall be lawns and/or vegetation land cover. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Limited Planned Commercial District, except as specifically provided for in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 40 | 15 | 30 | 20 | |
H.
Special one-hundred-foot-wide raised berm buffer yard requirement.
[Added 11-12-2008 by Ord. No. 2008-16]
(1)
A one-hundred-foot-wide raised berm buffer yard shall be constructed between any proposed nonresidential use, nonresidential overlay zoning or nonresidential subdivision on a lot with an area of eight acres or more (except and excluding any proposed general agriculture use, which proposed use is exempted from this requirement) and any contiguous property zoned to allow residential use or which is zoned as an agricultural zoning district (either Agricultural/Rural Residential - A/RR, or Agricultural - AG). This requirement shall apply even if the adjacent property is in another municipality or across a public street. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to a forty-foot-wide raised berm buffer yard.
[Amended 11-20-2013 by Ord. No. 2013-08]
(2)
This buffer yard shall be measured from the lot line of the proposed use adjacent to the feature listed in Subsection H(1).
(3)
The buffer yard shall be landscaped with vegetative ground cover and evergreen and deciduous trees, flowering trees, and shrubs.
(4)
The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings and structures of any kind, except for emergency access roads or pathways and/or sidewalks or drainage and/or utility facilities as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.
(5)
The raised berm in the buffer yard may be undulating but shall have an average height of 14 feet or as otherwise approved by the Board of Supervisors during site or land development plan review. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to an average height of four feet.
[Amended 11-20-2013 by Ord. No. 2013-08]
(6)
(7)
The plants shall be arranged on berms to provide a visual barrier of any nonresidential use. A minimum of 1/2 of the shrubbery and flowering trees shall be planted on the residential side of the berm.
(8)
The height of evergreen trees shall be a minimum of eight feet at the time of planting measured from finished grade. The average size of deciduous trees shall be a minimum of two-inch caliper measured three feet above finished grade, and deciduous trees shall also have a minimum height of 12 feet at the time of planting. Flowering trees shall be a minimum of seven feet high at the time of planting. Shrubs shall be a minimum of 30 inches in height at the time of planting.
(9)
Berms within the buffer yards shall have a minimum slope of 3:1.
(10)
The toe of the slope of the berm shall begin at a minimum of 10 feet from the lot line.
(11)
The berm shall have a minimum width of four feet at the top.
§ 250-22 (((-311.))) Light Industrial/Business Park District (LI/BP).
A.
Purpose. The purposes of this district are to provide areas which are suitable for light industrial, heavy commercial, and office uses, so as to prevent conflicts between these uses and other land uses.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Light Industrial/Business Park District by the Zoning Officer, provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Light Industrial/Business Park District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance:
(1)
Bottling industry.
[Amended 9-22-2005 by Ord. No. 2005-8]
(2)
Food processing.
[Amended 9-22-2005 by Ord. No. 2005-8]
(3)
Planned development.
(4)
Plastic rubber products industry.
(6)
Communication towers subject to the standards for communications towers as special exceptions set forth at § 250-25 and communications equipment building.
(7)
Commercial outdoor recreation.
[Added 9-22-2005 by Ord. No. 2005-8]
(8)
Cultural center.
[Added 9-22-2005 by Ord. No. 2005-8]
(9)
Indoor theater/auditorium.
[Added 9-22-2005 by Ord. No. 2005-8]
(10)
Stadium.
[Added 9-22-2005 by Ord. No. 2005-8]
(11)
Amphitheater.
[Added 9-22-2005 by Ord. No. 2005-8]
(12)
Conference and training center and exposition hall.
[Added 9-22-2005 by Ord. No. 2005-8]
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Light Industrial/Business Park District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
(5)
Mobile home park.
(9)
Self-storage development (site plan review required, see § 250-35).
[Added 10-23-2008 by Ord. No. 2008-13]
(10)
Solar energy farm (site plan review required, § 230-35).
[Added 1-11-2012 by Ord. No. 2012-02]
(12)
Academic clinical research center.
[Added 5-25-2017 by Ord. No. 2017-05]
(13)
Grower/processor facility.
[Added 5-25-2017 by Ord. No. 2017-05]
(14)
Medical marijuana delivery vehicle office.
[Added 5-25-2017 by Ord. No. 2017-05]
E.
Accessory uses.
(1)
Each accessory use in the Light Industrial/Business Park District shall comply with the minimum yard requirements in § 250-22G, except as specifically provided for in this ordinance.
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Light Industrial/Business Park District, except as specifically provided for in this ordinance:
[Amended 5-22-2008 by Ord. No. 2008-05; 1-12-2011 by Ord. No. 2011-01; 1-11-2012 by Ord. No. 2012-04]
Maximum Land Coverage (percent) | Maximum Building Height | ||||||
|---|---|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (acres) | Minimum Lot Width (feet) | By Building | By Total Impervious Cover | (stories) | (feet) | |
Any use: | |||||||
Without both centralized sewer and public water supply system | 2 | 180 | 30% | 40%1,2 | 3 | 504 | |
With centralized sewer and public water supply system | 2 | 180 | 30% | 60%3 | 3 | 504 | |
With centralized sewer and public water supply system | 10 | 180 | 40% | 60%3 | 3 | 504 | |
NOTES: |
|---|
1At least 30% of the total lot area shall be lawns and/or vegetation land cover. |
2At least 1,500 square feet must be set aside for an alternate drainfield. |
3At least 40% of the total lot area shall be lawns and/or vegetation land cover. |
4Any portion of a structure in excess of 42 feet in height shall not be habitable. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Light Industrial/Business Park District, except as specifically provided for in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 40 | 40 | 80 | 40 | |
H.
Special one-hundred-foot wide raised berm buffer yard requirements.
(1)
A one-hundred-foot-wide raised berm buffer yard shall be constructed between any proposed nonresidential use, nonresidential overlay zoning or nonresidential subdivision on a lot with an area of eight acres or more (except and excluding any proposed general agriculture use, which proposed use is exempted from this requirement) and any contiguous property zoned to allow residential use or which is zoned as an agricultural zoning district (either Agricultural/Rural Residential - A/RR, or Agricultural - AG). This requirement shall apply even if the adjacent property is in another municipality or across a public street. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to a forty-foot-wide raised berm buffer yard.
[Amended 11-20-2013 by Ord. No. 2013-08]
(2)
This buffer yard shall be measured from the lot line of the proposed use adjacent to the feature listed in Subsection H(1).
(3)
The buffer yard shall be landscaped with vegetative ground cover and evergreen and deciduous trees, flowering trees, and shrubs.
(4)
The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings and structures of any kind except for emergency access roads or pathways and/or sidewalks or drainage and/or utility facilities as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.
(5)
The raised berm in the buffer yard may be undulating but shall have an average height of 14 feet or as otherwise approved by the Board of Supervisors during site or land development plan review. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to an average height of four feet.
[Amended 10-23-2008 by Ord. No. 2008-13; 11-20-2013 by Ord. No. 2013-08]
(6)
(7)
The plants shall be arranged on berms to provide a visual barrier of any nonresidential use. A minimum of 1/2 of the shrubbery and flowering trees shall be planted on the residential side of the berm.
(8)
The height of evergreen trees shall be a minimum of 8 feet at the time of planting, measured from finished grade. The average size of deciduous trees shall be a minimum two-inch caliper measured three feet above finished grade, and deciduous trees shall also have a minimum height of 12 feet at the time of planting. Flowering trees shall be a minimum 7 feet high at the time of planting. Shrubs shall be a minimum of 30 inches in height at the time of planting.
(9)
Berms within the buffer yards shall have a maximum slope of 3:1.
(10)
The toe of the slope of the berm shall begin at a minimum of 10 feet from the lot line.
(11)
The berm shall have a minimum width of four feet at the top.
§ 250-22.1 Business Park Overlay Zone.
[Added 11-12-2008 by Ord. No. 2008-16]
A.
Applicability. The application of the rules and regulations of the Business Park Overlay Zone (BPOZ) are strictly limited to existing industrial and business parks which are or were:
B.
Applicable provisions.
(1)
Existing undeveloped parcels in an existing industrial or business park need not meet current minimum lot area, lot cover, and dimensional requirements so long as each such parcel meets the following minimum requirements (determined as modified pursuant to Subsection B(2) below):
(2)
Utility easements and sanitary drainage fields, for purpose of the overlay only, may be included in the lot area calculations used to determine lot area, lot cover, and other dimensional requirements.
(3)
Minimum setback requirements, if different from current ordinance standards, shall not be deemed deficient if they equal or exceed the setbacks on existing developed parcels within the industrial or business park.
(4)
The one-hundred-foot-wide landscaped berm buffer requirements of § 250-22H between the existing zone and adjacent residentially zoned property shall not be required, so long as:
(a)
There exist mature plantings or elevation changes abutting the property line which are satisfactory to the abutting property owner as a substitute for a more pronounced berm or buffer (which satisfaction shall be memorialized by the abutting property owner's written consent, which shall be noted on the record plan); or
(b)
The property owner plants and maintains a staggered planting buffer of evergreen material approved by the Board of Supervisors between the two zones on each developed lot, and where required to create a visual barrier from existing adjacent residential uses, as reasonably determined by the Board of Supervisors, the buffer area contains a berm of not less than four feet in height, onto which the planting buffer may be placed.
(5)
Each building may contain multiple users, so long as each such use is otherwise permitted in the LI/BP Zone or has been approved by the Zoning Hearing Board of East Allen Township.
(6)
Parking areas and vehicular access drives for existing buildings need not be modified to meet current Township parking and access standards, except as required to assure an adequate number of parking spaces for any additions to such existing buildings, except where an inadequate number of parking spaces can be reasonably established for such an expanded use.
(7)
For purposes of parking restrictions and requirements only, yard areas fronting on public streets which are not used for building access shall not be deemed front yards.
C.
Other requirements. To assure that the impact of new uses authorized in the Overlay Zone will not adversely impact neighboring properties, the following regulations shall apply.
(1)
The operations of the occupant of any building within the Overlay Zone shall comply with all applicable DEP and EPA rules, regulations and statutes.
(2)
Discharge of any industrial, commercial and/or manufacturing waste materials, other than domestic sewage discharged into approved sanitary facilities, shall be prohibited.
(3)
Release of airborne particulate or other matter from operations into the atmosphere shall occur in strict compliance with DEP and EPA regulations.
(4)
Releases of odors which are discernable beyond the boundaries of the commercial or industrial park, or which do not meet the requirements of § 250-51 of the Zoning Ordinance, are prohibited.
(5)
All flammable materials stored on site, including paints and solvents, must be stored in fireproof vaults, storage areas or cabinets.
§ 250-23 (((-312.))) General Industrial District (GI).
A.
Purpose. The purposes of the General Industrial District are to provide areas which are suitable for industrial and heavy commercial uses, so as to prevent conflicts between these uses and other land uses.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the General Industrial District by the Zoning Officer, provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the General Industrial District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the General Industrial District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
E.
Accessory uses.
(1)
Each accessory use in the General Industrial District shall comply with the minimum yard requirements contained in § 250-23G, except as otherwise provided for in this ordinance.
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the General Industrial District, except as otherwise provided for in this ordinance:
Maximum Land Coverage (percent) | Maximum Building Height | |||||
|---|---|---|---|---|---|---|
Principal Use | Mini- mum Lot Area (acres) | Mini- mum Lot Width (feet) | By Build- ings | By Total Imper- vious Cover1 | (stories) | (feet) |
Any use | 2 | 180 | 40 | 501 | 4 | 56 |
NOTES: 1At least 30% of the total lot area shall be lawns and/or vegetation land cover. 2At least 1,500 square feet must be set aside for an alternate drainfield. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the General Industrial District, except as otherwise provided for in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 40 | 35 | 70 | 35 | |
H.
Special one-hundred-foot-wide raised berm buffer yard requirements.
[Added 9-22-2005 by Ord. No. 2005-8]
(1)
A one-hundred-foot-wide raised berm buffer yard shall be constructed between any proposed nonresidential use, nonresidential overlay zoning or nonresidential subdivision on a lot with an area of eight acres or more (except and excluding any proposed general agriculture use, which proposed use is exempted from this requirement) and any contiguous property zoned to allow residential use or which is zoned as an agricultural zoning district (either Agricultural/Rural Residential - A/RR, or Agricultural - AG). This requirement shall apply even if the adjacent property is in another municipality or across a public street. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to a forty-foot-wide raised berm buffer yard.
[Amended 11-20-2013 by Ord. No. 2013-08]
(2)
This buffer yard shall be measured from the lot line of the proposed use adjacent to the featured district listed in Subsection H(1).
(3)
The buffer yard shall be landscaped with vegetative groundcover and evergreen and deciduous trees, flowering trees and shrubs.
(4)
The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings and structures of any kind except for emergency access roads or pathways and/or sidewalks or drainage and/or utility facilities as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.
(5)
The raised berm in the buffer yard may be undulating but shall have an average height of 14 feet or as otherwise approved by the Board of Supervisors during site or land development plan review. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to an average height of four feet.
[Amended 11-20-2013 by Ord. No. 2013-08]
(6)
(7)
The plants shall be arranged on berms to provide a visual barrier of any nonresidential use. A minimum of 1/2 of the shrubbery and flowering trees shall be planted on the residential side of the berm.
(8)
The height of evergreen trees shall be a minimum of eight feet at the time of planting, measured from finished grade. The average size of deciduous trees shall be a minimum two-inch caliper (measured three feet above finished grade), and deciduous trees shall also have a minimum height of 12 feet at the time of planting. Flowering trees shall be a minimum seven feet high at the time of planting. Shrubs shall be a minimum of 30 inches in height at the time of planting.
(9)
Berms within the buffer yards shall have a maximum slope of 3:1.
(10)
The toe of the slope of the berm shall begin at a minimum of 10 feet from the lot line.
(11)
The berm shall have a minimum width of four feet at the top.
§ 250-24 (((-313.))) Extractive Industrial District (EI).
A.
Purpose. The purposes of the Extractive Industrial District are to provide areas which are suitable for extractive industrial, general industrial, and heavy commercial uses, so as to prevent conflicts between these uses and other land uses.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Extractive Industrial District by the Zoning Officer, provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Extractive Industrial District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Extractive Industrial District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
E.
Accessory uses.
(1)
Each accessory use in the Extractive Industrial District shall comply with the minimum yard requirements of § 250-24G, except as provided for in this ordinance.
F.
Lot area, width, building coverage, and height regulations. Each of the following dimensional requirements shall apply to each use in the Extractive Industrial District, except as provided for in this ordinance:
Maximum Land Coverage (percent) | Maximum Building Height | |||||
|---|---|---|---|---|---|---|
Principal Use | Mini- mum Lot Area (acres) | Mini- mum Lot Width (feet) | By Build- ings | By Total Imper- vious Cover1 | (stories) | (feet) |
Any use | 2 | 180 | 40 | 50 | 41 | 56 |
NOTES: 1At least 30% of the total lot area shall be lawns and/or vegetation land cover. 2At least 1,500 square feet must be set aside for an alternate drainfield. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the Extractive Industrial District, except as otherwise provided for in this ordinance:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 40 | 35 | 70 | 56 | |
H.
Special one-hundred-foot-wide raised berm buffer yard requirement.
[Added 11-20-2013 by Ord. No. 2013-08]
(1)
A one-hundred-foot-wide raised berm buffer yard shall be constructed between any proposed nonresidential use, nonresidential overlay zoning or nonresidential subdivision on a lot with an area of eight acres or more (except and excluding any proposed general agriculture use, which proposed use is exempted from this requirement) and any contiguous property zoned to allow residential use or which is zoned as an agricultural zoning district (either Agricultural/Rural Residential - A/RR, or Agricultural - AG). This requirement shall apply even if the adjacent property is in another municipality or across a public street. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to a forty-foot-wide raised berm buffer yard.
(2)
This buffer yard shall be measured from the lot line of the proposed use adjacent to the feature listed in Subsection H(1).
(3)
The buffer yard shall be landscaped with vegetative ground cover and evergreen, deciduous trees and flowering trees.
(4)
The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings and structures of any kind except for approved access driveways or pathways and/or sidewalks or drainage and/or utility facilities as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.
(5)
The raised berm in the buffer yard may be undulating but shall have an average height of 14 feet or as otherwise approved by the Board of Supervisors during site or land development plan review. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to an average height of four feet.
(6)
(7)
The plants shall be arranged on berms to provide a visual barrier of any nonresidential use. A minimum of 1/2 of the flowering trees shall be planted on the residential side of the berm.
(8)
The height of evergreen trees shall be a minimum of eight feet at the time of planting, measured from finished grade. The average size of deciduous trees shall be a minimum two-inch caliper measured three feet above finished grade, and deciduous trees shall also have a minimum height of 12 feet at the time of planting. Flowering trees shall be a minimum seven feet high at the time of planting.
(9)
Berms within the buffer yards shall have a maximum slope of 3:1.
(10)
The toe of the slope of the berm shall begin at a minimum of 10 feet from the lot line.
(11)
The berm shall have a minimum width of four feet at the top.
§ 250-24.1 Office Commercial District (OC).
[Added 10-17-2002 by Ord. No. 2002-9]
A.
Purpose. The purpose of the Office Commercial District is to provide a location dedicated to office and related uses in a campus-like setting which is designed to minimize the impact of the uses on adjacent properties.
B.
Uses permitted by right. Each of the following principal uses and their accessory uses are permitted by right in the Office Commercial District by the Zoning Officer, provided that the use type, dimensional, and all other applicable requirements of this ordinance are satisfied:
[Amended 9-22-2005 by Ord. No. 2005-8]
C.
Special exception uses. Each of the following principal uses and their accessory uses may be permitted in the Office Commercial District by the Zoning Hearing Board in accordance with the standards contained in § 250-25 of this ordinance: None
D.
Conditional uses. Each of the following principal uses and their accessory uses may be permitted in the Office Commercial District when authorized by the Board of Supervisors in accordance with the standards contained in § 250-26 of this ordinance:
[Amended 9-22-2005 by Ord. No. 2005-8]
(4)
Solar energy farm (site plan review required, § 230-35).
[Added 1-11-2012 by Ord. No. 2012-02]
E.
Accessory uses.
(1)
Each accessory use in the Office Commercial District shall comply with the minimum yard requirements of § 250-24.1G, except as specifically provided for in this ordinance.
F.
Lot area, width, building coverage and height regulations. Each of the following dimensional requirements shall apply to each use in the OC District, except as specifically provided elsewhere in this ordinance:
[Amended 1-11-2012 by Ord. No. 2012-04]
Maximum Land Coverage (%) | |||||||
|---|---|---|---|---|---|---|---|
Principal Use | Minimum Lot Area1 (square feet) | Minimum Lot Width2 (feet) | By Buildings | By Total Impervious Cover3 | Maximum Building (stories) | Height (feet) | |
Any use: | |||||||
With on-lot sewer and on-lot water | 43,560 | 130 | 40 | 50 | 3 | 35 | |
With centralized sewer and on-lot water | 25,000 | 100 | 40 | 50 | 3 | 35 | |
With centralized sewer and public water supply system | 20,000 | 90 | 45 | 50 | 3 | 35 | |
NOTES: 1Per dwelling unit for residential uses. 2Measured at the minimum front yard listed in § 250-24.1G for the particular use. 3Impervious cover may be 50%, but remaining 50% shall remain in vegetative cover. |
G.
Minimum yard requirements. Each of the following minimum yard requirements shall apply to each use in the OC District, except as specifically provided elsewhere in this ordinance:
Side Yard (feet) | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard (feet) | One | Both | Rear Yard (feet) | |
Any use | 401 | 20 | 40 | 40 | |
NOTES: | |
|---|---|
1The depth at which the minimum lot width shall be measured. |
H.
Buffer requirements. Uses in this district shall be separated from adjacent residential uses by landscaped berms not less than four feet in height, nor less than 15 feet in width. Landscaping shall include a mix of deciduous and nondeciduous species to assure buffering in all seasons.
§ 250-25 (((-314.))) Special exception uses.
A.
Purpose. Before a zoning permit is granted for any use listed as a special exception use in this ordinance, a site plan shall be reviewed by the Planning Commission and approved by the Zoning Hearing Board. This procedure is provided because of the considerable impact that these uses tend to have on a community.
B.
Procedure.
(1)
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Zoning Hearing Board is obtained.
(2)
All applicants for a special exception use shall submit three sets of site plans for the proposed use to the Zoning Hearing Board as part of the application for a zoning permit.
(4)
The Zoning Hearing Board shall forward one copy of the site plan to the Zoning Officer and one copy to the Planning Commission within five days of receiving the submission.
(5)
The Zoning Officer shall, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this ordinance and submit a written report to the Zoning Hearing Board.
(6)
The Planning Commission shall, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this ordinance and submit a written recommendation to the Zoning Hearing Board.
(7)
The Board shall not decide the case without reviewing the reports received from the Zoning Officer and Planning Commission. Failure of either the Zoning Officer or the Planning Commission to submit a written report prior to the next regularly scheduled meeting shall not prevent the Board from hearing and deciding the request.
(8)
The Board shall hear and decide such request for a special exception use under the procedures of Article VIII as set forth in the applicable provisions of the Municipalities Planning Code.
[Amended 2-19-2004 by Ord. No. 2004-3]
(9)
The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address as set forth in the applicable provisions of the Municipalities Planning Code.
[Amended 2-19-2004 by Ord. No. 2004-3]
C.
D.
General standards. Each special exception use shall comply with all of the following general standards:
(1)
In conformance with the spirit, purposes, intent, and all applicable requirements of this ordinance.
(2)
In conformance with all applicable provisions of all other Township Ordinances.
(3)
In accordance with the Comprehensive Plan.
(4)
In conformance with all applicable state and federal laws, regulations, and requirements.
(5)
Suitable for the particular location in question.
(6)
Not detrimental to the public health or welfare.
E.
Specific standards. Each special exception use shall comply with all of the following specific standards listed for that use:
(1)
Animal hospital.
(a)
A minimum lot size of at least two acres shall be required for those animal hospitals treating small animals (e.g., cats, birds, exotic animals). A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals (e.g., cattle, horses, etc.).
(b)
All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(c)
Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m. No outdoor runs shall be permitted in the Village Center.
(2)
Auto repair/body shop.
(a)
All repair and paint work shall be performed within an enclosed building.
(b)
All provisions shall be made to prevent or minimize noise, odor, vibration, light, or electrical interference to adjacent lots.
(c)
Outdoor storage of autos and other vehicles shall not exceed three times the indoor repair area, shall only be back of the front yard line, and shall be no closer than 20 feet from side and rear lot lines.
(d)
Any vehicle on the premises longer than seven days shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.
(3)
Bottling industry. Centralized sewage disposal facilities and public water supply facilities shall be provided.
[Amended 1-11-2012 by Ord. No. 2012-04]
(5)
Car wash. Centralized sewage disposal facilities and public water supply facilities shall be provided.
[Amended 1-11-2012 by Ord. No. 2012-04]
(6)
Cemeteries shall be on a lot at least two acres in area.
(7)
Chemical products industry. Currently there are no additional standards.
(9)
Commercial outdoor recreation.
[Added 8-19-2004 by Ord. No. 2004-7]
(a)
The subject tract shall front on and gain access from either an arterial or collector road, as identified on the Official Road Classifications Map,[2] or a street in a proposed subdivision or land development plan which conforms to prevailing arterial and collector street design and improvement requirements.
[2]
Editor's Note: The Official Street Classification Map is on file in the Township office and can be viewed during regular office hours.
(c)
The commercial outdoor recreation use shall be served by both public water and public sewer.
(d)
The applicant shall present evidence that the proposed use will not be detrimental to the use of adjoining properties as a result of, but not limited to, hours of operation, noise, light, litter, dust, pollution and traffic congestion.
(e)
Light fixtures for the illumination of parking and service areas shall be designed to minimize illumination levels to zero footcandles when measured from an adjacent lot line. Between 11:00 p.m. and 6:00 a.m., lighting levels shall be reduced by at least 1/2 their standard operating power.
(f)
No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.
(g)
Required parking will be determined based upon the types of activities proposed and the schedule listed in Article VII of this ordinance. In addition, the Zoning Hearing Board may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Such overflow parking area to be maintained after each event and adequately maintained between events.
(h)
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(i)
Additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
(j)
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Zoning Officer determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Zoning Officer can require the applicant to revise means of access to relieve the undue congestion.
(k)
Any outside pedestrian waiting lines shall be provided with a means of shade.
(l)
Proof of the provision for adequate parking and traffic control, security, trash removal, etc., related to the use shall be provided at the time of application for permit.
(m)
The owner(s) and operator(s) of a commercial outdoor recreation facility shall be responsible for the conduct and safety of the members, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors and guests.
(n)
A traffic impact study in accordance with § 250-55 shall be submitted.
(9.1) | Indoor/outdoor recreation facilities and other selected places of assembly [Added 8-19-2004 by Ord. No. 2004-7] | ||
(a) | The subject tract shall front on and gain access from either an arterial or collector road, as identified on the Official Road Classifications Map,[3] or a street in a proposed subdivision or land development plan which conforms to prevailing arterial and collector street design and improvement requirements. | ||
(b) | Buffer yards shall be provided in accordance with § 250-30D | ||
(c) | The use shall be served by both public water and public sewer. | ||
(d) | The applicant shall present evidence that the proposed use will not be detrimental to the use of adjoining properties as a result of, but not limited to, hours of operation, noise, light, litter, dust, pollution and traffic congestion. Such evidence shall be provided at the time of application for permit. | ||
(e) | Light fixtures for the illumination of parking and service areas shall be designed to minimize illumination levels to zero footcandles when measured from an adjacent lot line. Between 11:00 p.m. and. 6:00 a.m., lighting levels shall be reduced by at least 1/2 their standard operating power. | ||
(f) | No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property. | ||
(g) | Required parking will be determined based upon the types of activities proposed and the schedule listed in Article VII of this ordinance. In addition, the parking area shall be bituminous paving. | ||
(h) | Additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances. | ||
(i) | Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Zoning Officer determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Zoning Officer can require the applicant to revise means of access to relieve the undue congestion. | ||
(j) | Any outside pedestrian waiting lines shall be provided with a means of shade. | ||
(k) | The owner(s) and operator(s) of the facility shall be responsible for the conduct and safety of the members, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors and guests. | ||
[3]
Editor's Note: The Official Street Classification Map is on file in the Township office and can be viewed during regular office hours.
(10)
Cultural center.
[Added 8-19-2004 by Ord. No. 2004-7]
(a)
The display of live animals is not permitted.
(b)
The total gross floor area of all buildings comprising the cultural center shall not exceed 12,000 square feet.
(d)
The location and orientation of loading and service areas shall be coordinated to minimize conflicts of vehicular and pedestrian circulation.
(e)
Required parking will be determined based upon the types of activities proposed and the schedule listed in Article VII of this ordinance. Required paving shall be of a bituminous material.
(f)
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(g)
The sale of goods is prohibited, except for an accessory gift shop not exceeding 10% of the total gross floor area of all buildings comprising the cultural center.
(11)
Drive-in (outdoor) theaters shall:
(a)
Be on a lot abutting an arterial street or collector street (as defined on the Official Street Classification Map).
(b)
Have a lot area of at least 10 acres.
(c)
Have a buffer yard which complies with the standards of § 250-30D provided around the entire lot.
(d)
Provide a driveway at least 300 feet in length between the point where admission tickets are sold and the street right-of-way lines.
(12)
Fast-food restaurant.
(a)
Shall screen all trash containers.
(b)
Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives.
(c)
May provide an outdoor menu board (which shall not be considered a sign) if drive-up service is provided from within the building to customers in their vehicles.
(d)
Shall be served by both public water and public sewer.
[Added 1-11-2012 by Ord. No. 2012-04]
(13)
Food processing.
[Amended 1-11-2012 by Ord. No. 2012-04]
(a)
Shall be served by both public water and public sewer.
(14)
Fuel oil company. Currently no additional standards.
(18)
Gun club/outdoor target range.
(a)
All outdoor target ranges shall have a barrier behind the target area, which is of sufficient height and thickness to adequately provide for the public safety.
(b)
The applicant for the special exception use shall present to the Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing, or doing business within a radius of 500 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius, and must supply a list of all addresses at which no contact was made. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon.
(19)
Junkyard.
(a)
Storage of organic material is prohibited.
(b)
All junk shall be at least 200 feet from any adjoining lot.
(c)
All junk shall be at least 200 feet from any public highway, road, or street.
(d)
The site shall contain one entrance and one exit, each of which is not less than 30 feet in width.
(e)
The site shall be completely enclosed by a buffer yard, which complies with all of the standards of § 250-30D.
(f)
The burning or incineration of vehicles or junk shall be prohibited, unless said burning is carried out in a completely enclosed incinerator approved by the Department of Environmental Protection.
(20)
Kennel.
(a)
All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.
(b)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(c)
Outdoor runs may be provided so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(21)
Laundry/laundromat. Shall be served by both public water and public sewer.
[Amended 1-11-2012 by Ord. No. 2012-04]
(24)
Membership club shall be on a lot of at least two acres in area.
[Amended 9-22-2005 by Ord. No. 2005-8]
(25)
Mineral extraction.
(a)
The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well being of the surrounding area and its residents.
(b)
The site shall be reclaimed to a nonhazardous state permitting some economically productive future use and that extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.
(c)
A buffer yard shall completely enclose the site which complies with all of the standards of § 250-30D. (except such buffer yard shall be at least 50 feet in width) and shall be set back from adjacent properties by at least 100 feet and from residential structures by at least 200 feet (or such greater distance as may be required by site conditions to protect adjacent properties as determined necessary by the Zoning Hearing Board).
(d)
Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities.
(27)
Nursing home. Shall be served by both public water and public sewer.
[Amended 1-11-2012 by Ord. No. 2012-04]
(28)
Paper/pulp mill. Currently no additional standards.
(29)
Planned development. Shall be served by both public water and public sewer.
[Amended 1-11-2012 by Ord. No. 2012-04]
(30)
Plastic/rubber products industry. Currently no additional standards.
(31)
Radio/television transmitter. Currently no additional standards.
(33)
Rooming house. Currently no additional standards.
(34)
Slaughter house. Each slaughterhouse shall comply with all applicable state regulations.
(35)
Swimming club.
(a)
All pools shall be entirely enclosed with a good quality chain link or preferably a wooden or other equivalent fence of not less than six feet in height.
(b)
No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.
(c)
No lighting shall be permitted which will shine on adjacent property.
(38)
Trade school. Currently no additional standards.
(40)
Adult use (this is limited to the following: adult bookstore, adult movie theater, or adult live entertainment use):
(a)
No such use shall be located within 1,000 lineal feet of the lot line of any primary or secondary school, place of worship, public park, day-care center, child nursery, library, existing dwelling, existing adult use, or any site marked as a proposed future park location on any Township Official Map.[7]
[7]
Editor's Note: The Official Map is on file in the Township offices and can be viewed during regular office hours.
(b)
A buffer yard shall be provided, regardless of Zoning District, along the side and rear lot lines in accordance with § 250-30D.
(c)
No pornographic material, displays, or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(d)
No such use shall be used for any purpose that violates any federal, state, or Township law.
(e)
No such use shall be allowed in combination with the use or sale of alcoholic beverages.
[Amended 9-22-2005 by Ord. No. 2005-8]
(f)
The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.
(g)
These uses are specifically prohibited in all Districts except where specifically permitted by Article III.
(h)
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but it is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet.
(i)
No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.
(j)
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use.
(41)
Bed-and-breakfast.
(a)
Bed-and-breakfast homes shall have a minimum lot size of 40,000 square feet.
(b)
No more than five guest rooms shall be provided, and no more than two adults and two children may occupy one guest room.
(c)
One off-street parking space shall be provided for each guest room, in addition to those required for the dwelling.
(d)
At least one full bathroom separate from the host family's bathroom shall be provided for every three guest rooms.
(e)
There shall be no use of show windows or any type of display or advertising visible from outside the premises.
(f)
The use shall be carried on by members of the immediate family, who must reside on the premises.
(g)
There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast only.
(h)
The use may not be established until there is compliance with all Township rules and regulations.
(i)
Any property proposed for a bed-and-breakfast home which has an on-lot sewage facility shall have its permit reevaluated as being adequate, in accordance with local and state regulations. New facilities may be required to be installed, meeting current regulations.
(j)
The Fire Chief shall inspect the facility for familiarity and general comment.
(k)
A floor plan shall be submitted with the site plan.
(43)
Campground.
(a)
Any sleeping quarters of tent sites shall not be within the one-hundred-year floodway.
(c)
The maximum impervious coverage shall be 10%.
(d)
Any store shall be limited to sales of common household and camping items to persons camping on the site.
(e)
A commercial campground shall include at least one entrance road from a public street, with a minimum width of 20 feet.
(f)
The minimum lot area shall be eight acres.
(g)
All parking, interior driveways, developed recreational areas, recreational vehicle parking areas, cabins, tent sites, and similar activity areas shall be setback a minimum of 100 feet from any residential lot lines. Any existing healthy trees within such setback shall be preserved, except at needed perpendicular crossings.
(44)
Race track.
(b)
Any area used for the testing, warm-up or racing of vehicle engines shall be set back a minimum of 1,000 feet from any residential lot line.
(c)
The minimum lot area shall be 20 acres.
(d)
A buffer yard meeting § 250-30D shall be provided around the perimeter of the lot. The Board of Supervisors may allow clustering of plants and variations in the types of plants.
(e)
All tracks and driving courses shall be paved in asphalt, concrete or closely similar dust-free surface.
(45)
Stadium.
[Added 8-19-2004 by Ord. No. 2004-7]
(a)
The subject tract shall front on and gain access from either an arterial or collector road, as identified on the Official Road Classifications Map,[8] or a street in a proposed subdivision or land development plan which conforms to prevailing arterial and collector street design and improvement requirements.
[8]
Editor's Note: The Official Street Classification Map is on file in the Township office and can be viewed during regular office hours.
(b)
Hours of operation and stadium events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(c)
A stadium's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(d)
The number of off-street parking and loading spaces shall be provided as defined by Article VII of this ordinance. In addition, the Zoning Hearing Board may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Said overflow parking area should be maintained after each event and adequately maintained between events, i.e., the ground area shall be cut and smooth without ruts in the grass.
(e)
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(f)
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the facility, the Zoning Officer determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Zoning Officer can require the applicant to revise means of access to relieve the undue congestion.
(h)
Light fixtures for the illumination of fields, courts, seating areas and parking areas shall be designed to minimize illumination levels to zero footcandles when measured from an adjacent lot line. Lighting levels shall be reduced by at least 1/2 their standard operating power between 11:00 p.m. and 6:00 a.m.
(k)
The owner(s) and operator(s) of the facility shall be responsible for the conduct and safety of the members, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors and guests.
(46)
Amphitheater.
[Added 8-19-2004 by Ord. No. 2004-7]
(a)
Hours of operation and amphitheater events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(b)
The number of off-street parking and loading spaces shall be provided as defined by Article VII of this ordinance. In addition, the Zoning Hearing Board may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Said overflow parking areas shall be maintained after each event and adequately maintained between events.
(c)
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances
(d)
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the facility, the Zoning Officer determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Zoning Officer can require the applicant to revise means of access to relieve the undue congestion.
(f)
An amphitheater's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(i)
The owner(s) and operator(s) of the facility shall be responsible for the conduct and safety of the members, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors and guests.
(47)
Conference and training centers; exposition halls.
[Added 8-19-2004 by Ord. No. 2004-7]
(a)
The subject tract shall front on and gain access from either an arterial or collector road, as identified on the Official Road Classifications Map,[9] or a street in a proposed subdivision or land development plan which conforms to prevailing arterial and collector street design and improvement requirements.
[9]
Editor's Note: The Official Street Classification Map is on file in the Township office and can be viewed during regular office hours.
(b)
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(e)
To ensure employee and visitor safety, the number of points of ingress/egress shall be determined by the Township Engineer based upon projected peak hour traffic defined in the traffic impact study.
(f)
No outdoor loading or service areas, including dumpsters, shall be located within the side or rear yard setback areas.
(g)
Dumpsters shall be screened from view by landscaping, opaque fencing, or a combination of both.
(h)
The owner(s) and operator(s) of the facility shall be responsible for the conduct and safety of the members, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors and guests.
(48)
Indoor theater/auditorium.
(a)
An indoor theater/auditorium's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(b)
An indoor theater/auditorium shall have, at a minimum, two direct points of ingress/egress from an adjoining public street. The points of ingress/egress shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(c)
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
(d)
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(f)
The owner(s) and operator(s) of the facility shall be responsible for the conduct and safety of the members, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors and guests.
F.
Standards for communications towers as special exceptions.
(1)
The applicant shall demonstrate that it is licensed by the Federal Communications Commissions to operate a communications tower, if applicable, and communications antennas.
(2)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(3)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and all applicable airport zoning regulations.
(4)
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable Structures within a 1/4 mile radius of the proposed communications tower site to be contacted and that one or more of the following reasons for not selecting such structure apply:
(a)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing Structure and the interference cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with the owners of such structure.
(5)
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length.
(6)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements of the Zoning District.
(7)
Recording of a plot of subdivision or land development shall be required for a lease parcel on which a communications tower is proposed to be constructed.
(8)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(9)
The foundation and base of any communication tower shall be set back from a property line (not lease line) 50% of the height of the tower, thus creating a safety zone. Towers within the aviation easement shall be approved by the Airport Authority.
(10)
The foundation and base of any communications tower shall be set back from a property line (not a lease line) located in any Residential District at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
(11)
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(12)
The communications equipment building shall comply with the required yard and height requirements of the applicable zoning district for an accessory structure.
(13)
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the East Allen Township Building Code.
(14)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address, and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(15)
The certificate of insurance shall be renewed and filed with the Township annually. The Township shall be held harmless of any third-party lawsuits. The use permit shall be renewed annually with an annual inspection by a designated township official.
(16)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(17)
The site of a communications tower shall be secured by a fence with a minimum height of 10 feet and maximum height of 12 feet with privacy slats in a chain link fence.
(18)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), or other governmental agency which has jurisdiction.
(19)
Communications towers shall be protected and maintained in accordance with requirements of East Allen Township's Building Code.
(20)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period. The owner shall provide an escrow or performance bond in an amount sufficient to return the site to the former condition.
(21)
One off-street parking space shall be provided within the fenced area. The owner or operator is responsible for notifying the Township within 30 days of intent to cease operation at any location.
(22)
The developer shall submit photographs of the site in all compass directions demonstrating the appearance of the site prior to the issuance of a building permit and, upon completion of the tower, photographs of the completed tower with antenna, prior to the issuance of an occupancy permit. In addition, the collocation Developer shall submit a site plan for review by the Planning Commission. The requirements for this site plan shall be in conformance with the Township Ordinances presently in effect.
§ 250-26 (((-315.))) Conditional uses.
[Amended 2-19-2004 by Ord. No. 2004-3; 9-22-2005 by Ord. No. 2005-8; 5-14-2008 by Ord. No. 2008-06; 10-23-2008 by Ord. No. 2008-13; 11-12-2008 by Ord. No. 2008-16; 10-13-2010 by Ord. No. 2010-03; 1-11-2012 by Ord. No. 2012-04; 1-11-2012 by Ord. No. 2012-02; 3-27-2014 by Ord. No. 2014-01; 1-13-2016 by Ord. No. 2015-07; 8-25-2016 by Ord. No. 2016-01; 5-25-2017 by Ord. No. 2017-05; 4-11-2024 by Ord. No. 2024-01]
A.
Purpose. Before a zoning permit is granted for any use listed as a conditional use in this ordinance, a site plan shall be reviewed by the Planning Commission and approved by the Township Supervisors. This procedure is provided because of the considerable impact that these uses tend to have on a community.
B.
Procedure.
(1)
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Township Supervisors is obtained.
(2)
All applicants for a conditional use shall submit six sets of site plans for this proposed use to the Board of Supervisors as part of the application for a zoning permit.
(4)
The Board of Supervisors shall forward one copy of the site plan to the Zoning Officer and one copy to the Planning Commission within seven days of receiving the submission.
(5)
The Zoning Officer shall, within 30 days of receiving the site plan, review the plan to determine compliance with this ordinance and submit a written report to the Board of Supervisors.
(6)
The Planning Commission shall, within 30 days of receipt of the site plan, review the plan to determine compliance with this ordinance and submit a written recommendation to the Township Supervisors.
(7)
The Board of Supervisors shall not approve or deny the use without reviewing any such report received nor until such 30 days have expired. Failure of either the Zoning Officer or the Planning Commission to submit a written report within 30 days shall not prevent the Board of Supervisors from hearing and deciding the request.
(8)
The Board of Supervisors shall review the submission for the proposed use and approve or disapprove the use as set forth in the applicable provisions of the Municipalities Planning Code. Approval may be made conditional upon the applicant's adoption of specified changes in the submission.
(9)
The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at his last know address as set forth in the applicable provisions of the Municipalities Planning Code.
C.
D.
General standards. Each conditional use shall comply with all of the following general standards:
(1)
In conformance with the spirit, purposes, intent, and all applicable requirements of this ordinance.
(2)
In conformance with all applicable provisions of all other Township Ordinances.
(4)
In conformance with all applicable state and federal laws, regulations, and requirements.
(5)
Suitable for the particular location in question.
(6)
Not detrimental to the public health or welfare.
E.
Specific standards for conditional uses. Each conditional use shall comply with all of the following specific standards listed for that use:
(1)
Public airport, private airstrip and airport, and heliport.
(a)
A minimum lot size of 20 acres shall be required.
(b)
Runways shall be oriented to minimize the hazards and disturbance posed by aircraft during takeoff and landing.
(c)
The Pennsylvania Bureau of Aviation within the Pennsylvania Department of Transportation shall find the landing area safe and acceptable for licensing to develop the property for a private airstrip, private airport, or heliport.
(d)
The Federal Aviation Administration shall have granted approval for the use of the air space.
(e)
Public airports must meet all applicable regulations and guidelines published by the Federal Aviation Administration of the United States Department of Transportation.
(2)
Any industrial/commercial uses not permitted by right or special exception in the district.
(a)
Shall be served by public water.
(5)
Community center. No outdoor recreation area shall be located closer to any lot lines than the required front yard depth in the zoning district.
(7)
Government services and facilities. Currently no additional standards.
(8)
Hospital/hospice.
(a)
A hospital/hospice shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.
(b)
More than one access road of at least 20 feet in width shall be provided from such arterial or collector street.
(c)
More than one fire exit shall be provided.
(d)
All facilities shall be located on the ground floor, unless an elevator sufficient to accommodate rolling beds or litters provides access to other than ground floor levels.
(e)
Shall be served by both public water and public sewer.
(9)
Mobile home park shall:
(10)
Post office. Currently no additional standards.
(11)
Sanitary landfill.
(a)
Sanitary landfills shall comply with all state requirements.
(b)
All landfilling operations shall be conducted at least 200 feet from any lot line or public highway, road, or street.
(c)
The site shall contain one entrance road and one exit, each of which is not less than 30 feet in width.
(d)
The site shall be completely enclosed by a buffer yard, which complies with all of the standards of § 250-30D.
(e)
The burning or incineration of garbage, trash, or junk shall be prohibited, unless carried out in a completely enclosed incinerator approved by the DEP.
(12)
School.
(a)
All school developments shall comply with the provisions outlined in § 250-26, Conditional uses, as well as the following requirements in amended Subsection E(12), School.
[1]
The minimum lot size shall be 50 acres.
[2]
The site must have direct access and frontage on at least one designated arterial street and one designated collector street.
[a]
All access points to arterial and collector streets shall be provided with protected left-hand turn lanes and through lanes.
[b]
The nearest arterial intersections in each direction from the site, along the frontage arterial, that are intersections of one arterial road with another arterial road, must be studied to determine the need for left-hand turn lanes on each approach. In the event that left turn lanes are warranted, the intersection should be evaluated to determine the cost of any required improvements. The analysis should also identify potential sources of funding; and the developer, prior to occupancy, shall provide an agreement, satisfactory to the Township, for the developer's pro rata share of the costs for the identified improvements.
[3]
The site must be provided with public sewer and water services that have adequate capacity for school use, including sufficient water pressures and volumes for sprinkler systems and a firefighting capacity with a flow of 1,500 gallons per minute for a four-hour period. On-site water supply and elevated gravity storage facilities for firefighting capacity and sprinkler systems may be provided if not provided by the public water service provider. Such public water and public sewer service must be provided by facilities abutting the site, or, if extended from off-site infrastructure, such extension must be compatible with public sewer and water facilities needs and/or plans of the Township. In the case of public sewer extensions, such extension must be compatible with the Township's Act 537 Plan. With regard to extension of public water facilities, such extension must be from the nearest available water provider that is capable of providing the needed public water service for the school site.
[4]
The site must be located within two miles of fire and emergency services.
[5]
The minimum building setback line for front, side and rear yards shall be 100 feet. Parking areas and internal drives, except for access drive areas, shall have a minimum setback line for front, side and rear yards of 50 feet.
[6]
The minimum lot width shall be 600 feet.
[7]
The maximum lot area building coverage shall be 25% buildings.
[8]
The maximum total impervious coverage shall be 50%.
[9]
The maximum building height shall be limited to two occupied stories, unless the building is fully sprinklered, and in that case, the number of stories shall be limited to three occupied stories and a maximum height of 60 feet.
[10]
Street trees at seventy-five-foot intervals shall be installed along all existing street frontages.
[11]
The site shall devote a minimum of 20% of the site area to outdoor recreation and open space.
[12]
The applicant shall provide a traffic impact study, as defined by § 250-55, to determine whether the traffic generated by the school's use will degrade the level of service for the immediately adjacent intersection of a collector and arterial road, any intersection identified at the traffic scoping meeting held with the Township and its representatives within one mile of the site and the nearest adjacent intersections of arterials to arterials in each direction from the site. The Township has sole discretion in determining the intersections to be studied.
(b)
Shall be served by public water and a public or centralized sewer system.
(13)
Utility substation. All equipment shall be enclosed in a building or by a sight-obscuring screen, masonry wall, wooden fence, or chain link fence with evergreen vines at least eight feet in height.
(14)
Single-family detached dwelling in the Agricultural District.
(a)
For each 20 acres of contiguous land in single ownership as of the effective date of this ordinance, there may be one new lot created for a single-family detached dwelling, provided that the minimum lot area shall be one acre and a maximum lot size of two acres.
(b)
For each tract of contiguous land in single ownership that is two acres or more, but less than 20 acres, as of the effective date of this ordinance, there may be only one new lot created for a single-family detached dwelling. The lot area for the smaller lot created by that subdivision shall be a minimum of one acre and a maximum of two acres.
(c)
The provisions of Subsection E(14)(a) and (b) of this section shall apply to all parcels of land legally existing on the effective date of this ordinance. Regardless of size, no tract of land subsequently subdivided from its parent tract shall qualify for additional single-family detached dwellings or lots pursuant to this Section. Similarly, any subsequent owner of any parcel of land legally existing on the effective date of this ordinance shall be bound by the actions of previous owners in that such new owner may only subdivide for purposes of additional single family dwellings the number of lots, if any, remaining from the original number permitted by this section.
[1]
Any subdivision or land development plan hereafter filed for a tract of land in the agricultural district shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings as determined by the provisions of this section.
[2]
In the event of a tract of land, which was not classified as part of the Agricultural District on the effective date of this ordinance, is hereafter classified as part of the Agricultural District, the size and ownership of such tract of land shall be determined as of the effective date of the change in the zoning classification.
(d)
Any proposed dwelling shall be no closer than 300 feet to an existing barn, stable, or other structure intended to house or shelter animals.
(e)
In reviewing an application and site plan for this conditional use, the Board of Supervisors should seek to:
[1]
Minimize the loss of valuable farmland;
[2]
Cluster residential lots on the subject property and, if applicable, with those lots contained on adjoining farms;
[3]
Minimize the length of property lines shared by all residential lots and adjoining farms;
[4]
Assure adequate vehicular access to future residences not currently proposed; and
(f)
The applicant shall furnish evidence regarding how these objectives have been satisfied.
(15)
Intensive agriculture.
(a)
Lot requirements shall be as follows:
(c)
Access shall be provided from a collector or arterial road built or upgraded to collector or arterial standards, and the property owners shall establish and maintain an access so that all turning maneuvers (whether entering or leaving the property) can do so without first having to encroach on adjacent lanes.
(d)
The conditional use site plan shall include a plan for landscaping and vegetation buffering meeting the provisions of § 250-16H of this ordinance, as applicable.
(e)
The conditional use site plan shall include a plan for the stormwater management design pursuant to the Subdivision and Land Development Ordinance (SALDO).
(f)
Solid and liquid wastes shall be disposed of in a manner to avoid creating insect and rodent problems or public nuisances in accordance with current rules and regulations, including the Pennsylvania Nutrient Management Act.
(g)
No intensive agriculture use shall occur within a 100-year floodplain.
(h)
If there is a change to an existing use that does not constitute a "land development" (as defined in the Township Subdivision and Land Development Ordinance), a site plan shall be submitted in accordance with § 250-35 of this ordinance and that also includes provisions for off-street parking and loading areas that show maneuverability, parking and loading of trucks, trailers or other vehicles without infringing upon public roadways, if applicable.
(i)
A Traffic/Transportation Impact Study shall be provided and a traffic circulation plan to define travel routes, volumes, weight restrictions, and road, bridge and culvert evaluations and plans to correct any deficiencies. The plan shall include provisions for off-street parking and loading areas that show maneuverability, parking, loading and queuing of trucks, trailers or other vehicles without infringing upon public roadways. Board of Supervisors shall have the discretion to impose additional conditions to ensure all staging and/or queuing occurs within the lot.
(j)
Operations open after hours of darkness shall be adequately lighted, but in such a manner that no glare of light is directed toward adjacent properties or onto public streets. No unshielded lights shall be permitted. Light fixtures for the illumination of parking and service areas shall be designed to minimize illumination levels to zero foot-candles when measured from an adjacent lot line. Between 11:00 p.m. and 6:00 a.m., lighting levels shall be reduced by at least 1/2 their standard operating power.
(k)
If any use presents a fire hazard, emits smoke, dust or other air pollutants, noise, light/glare, or creates a nuisance as a result of the operation, conditions may be attached as deemed necessary to adequately control and mitigate the potentially detrimental effects that the activity may have on the surrounding area.
(l)
The applicant shall prepare and submit a water conservation plan demonstrating the reuse, recycling and pretreatment of water and/or wastewater to the greatest extent possible, if applicable.
(m)
Additional provisions for Intensive Animal Operations and Stockyards:
[1]
A maximum of five animal units per acre is permitted. (Refer to the following examples.)
Intensive Agriculture Standards Animal Density Example Calculations Number of Animals Allowed | ||||||
|---|---|---|---|---|---|---|
Lot Size Example (acres) | Animal Units per Acre | Cattle (1,200 pounds per animals) | Swine (300 pounds per animal) | Sheep/Goats (200 pounds per animal) | Poultry (4 pounds per animal) | Rabbits (5 pounds per animal) |
50 | 5 | 208 | 833 | 1,250 | 62,500 | 50,000 |
100 | 5 | 416 | 1,666 | 2,500 | 125,000 | 100,000 |
[2]
A nutrient management plan shall be prepared and approved in accordance with the provisions of Title 25, Chapter 83, Subchapter D, Pennsylvania Code, as amended, for all proposed intensive agriculture animal uses. The approved nutrient management plan shall be submitted to the Township with the conditional use application.
[3]
Any disposal of dead animals on the property must be in strict compliance with the applicable standards of the Pennsylvania Department of Environmental Protection (DEP). When disposal does not occur on the property, any small dead animals must be kept in containers, and larger animals are to be kept in a manner so as to minimize the spread of odors and disease and access by scavengers. Dead animals must be kept out of public view prior to pickup or disposal and must be removed promptly.
[4]
The owners of property on which a building to house animals in an intensive agriculture use is located shall remove such building within two years following the time such building ceases to be used to provide housing for livestock unless, prior thereto, such owners obtain a use or occupancy certificate by conditional use from the Township Board of Supervisors to utilize such building for another purpose. Alternate uses shall be agriculturally related. Likewise, alternate uses for unused manure pits and lagoons may be proposed. If no acceptable use is approved, the unused pits and lagoons must be emptied and filled in accordance with state, county and Township regulations. Upon approval and prior to issuance of a permit by the Zoning Officer, financial security, acceptable to the Township, shall be provided for removal of such facilities should they become obsolete or abandoned and no acceptable alternate use is established.
[5]
Intensive agricultural animal uses shall comply with setbacks to wells, watercourses and property lines as defined in the Pennsylvania Nutrient Management Act.[6] In addition, buildings housing animals shall be at least 300 feet from side and rear property lines, 100 feet from front property lines and wells, and 1,000 feet from public facilities such as parks, schools and churches.
[6]
The applicant shall prepare and show the ability to comply with an odor abatement plan. Recognition must be given that certain agricultural activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan of the applicant shall show that such steps, as may be necessary to abate odors or to allow odors periodically, which would cause minimal interference with neighbors should be taken.
(n)
Additional provisions for Commercial Mushroom Operations:
[1]
Mushroom production facilities shall be operated under the guidelines as set forth in "Best Practices for Environmental Protection in the Mushroom Farm Community" (DEP, Document No. 254-5401-001, December 1997) which is incorporated herein by reference thereto.
[2]
Mushroom industry housing for workers will not be allowed except as it relates to single-family residences under this ordinance.
(o)
Additional provisions for intensive produce operations:
[1]
Building coverage maximum 5%; Total Impervious Coverage: maximum 10% Building Coverage may be increased to a maximum of 45% and Total Impervious Coverage may be increased to a maximum of 50% where the stormwater management facilities on the property are designed to meet the required release rates and the developer can show that no harm would be caused to downstream properties and conveyance systems by the increase in volume of stormwater runoff leaving the subject property during all regulated storm events under the Stormwater Management Ordinance compared to the volume that would be generated from the property if total impervious coverage were limited to 10%. This evaluation shall include, but not be limited to, an analysis of closed depressions and known drainage problem areas on roadways and properties downstream to the confluence of the Monocacy Creek, Catasauqua Creek or location determined acceptable by the Township Engineer. If a problem area is identified, the developer shall provide a means to mitigate the impact on the downstream property and/or provide written approval and easement(s), if required, from the affected property owner(s). Where stormwater reuse is being applied for greenhouse operations, provisions shall be made to regulate the stormwater runoff leaving the subject property to the required rates for all storm events and volume requirement listed above in the event that the greenhouse facility and/or stormwater reuse system is not operational.
[2]
Building height: The maximum building height of a greenhouse shall not exceed 40 feet, provided that for each additional foot of building height above 35 feet, the applicable building setbacks are increased by two feet and the berm height is increase by one foot.
[3]
All loading areas shall be oriented so that either such loading areas do not face adjoining public streets or residential dwellings or are screened from adjoining public streets or residential dwellings by another building on the property or a landscape screen or fence.
[4]
The roofs and sides of any greenhouse(s) used in the operation shall include shades or shields so as to limit light/glare.
[5]
The site shall be served by public water and a public centralized sewage disposal system (except that an on-lot sewage disposal system shall be permitted only for domestic waste).
[6]
Notwithstanding anything to the contrary in this ordinance, the buffer yard shall be landscaped with vegetative ground cover and evergreen and minor deciduous trees identified in ANSI Z60.1-2014 as Type 2 Shade Trees not exceeding 30' mature height (but excluding Golden Rain Tree, Amur Maple or other species deemed not acceptable by the Township). Minor deciduous trees shall have a minimum height of 8 to 12 feet at the time of planting.
(16)
Farm-related business.
(a)
A farm-related business may involve any one of a wide range of uses, so long as the use is compatible with the primary agricultural use of the land. The applicant must demonstrate that the farm business is compatible with the rural setting and will not create nuisances for nearby residences and agriculture production activities.
(b)
Farm-related businesses may involve the following types of uses:
[1]
Facilities for the manufacturing, warehousing, sales, repair and service of agricultural equipment or supplies.
[2]
Processing of locally produced agricultural products, including winery, butcher shops and grain mills.
[3]
Craft shops.
[4]
Feed supply, fuel and fertilizer distributors.
[5]
Other uses similar in character to those listed above.
(d)
A farm-related business is only permitted on an existing farm with a lot area of at least 30 acres.
(e)
No more than a total of five full-time nonresident employees of the farm parcel shall be employed by the farm-related business.
(f)
The farm-related business shall occupy a total building area no greater than 10,000 square feet of gross floor area. This total is the sum of all buildings being used for a farm-related business.
(g)
Where practicable, farm-related businesses shall be conducted within an existing farm building.
(h)
Any new building constructed for use by the farm-related business shall be located at least 100 feet from rear and side property lines and meet applicable front setback requirements.
(j)
Any outdoor storage of supplies, materials or products shall be located no closer than 50 feet from property lines. Such outdoor storage shall also have an evergreen plant screen from adjoining roads and properties. The display of farm equipment for sale shall be excluded from this provision.
(k)
One outdoor sign shall be permitted for a farm-related business. Such sign shall not exceed 15 square feet in total area.
(l)
Access drives shall comply with all Township and PennDOT regulations, as applicable.
(m)
Any building constructed for use by the farm-related business shall be of a type that can be converted to agricultural use in the event the farm-related business is discontinued (e.g., barn or shed).
(n)
Vegetation screening must be provided when a farm-related business use is located within 200 feet of any adjacent property used principally for residential purposes.
(o)
The approval of a conditional use for a farm-related business shall be subject to the agreement that the property owner record a covenant running with the land which stipulates that if the property ceases to be used as a farm or if the property is subdivided in such a way that the minimum requirements of this subsection are no longer met, the property owner agrees that the farm-related business will be terminated and that the building and land use shall be converted to a use permitted by right.
(17)
Planned mixed commercial/residential development in a PC-2 District.
(a)
The purpose of the planned mixed commercial/residential development is to allow flexibility where larger tracts may have the option of having both commercial and residential development in a relatively small planned village center environment and to encourage a unified development design that provides a high quality of building architecture and site landscaping that emphasizes the use of earth tone colors and natural materials for building facades and emphasizes varying roof lines and roof slopes and building facade projections. A planned mixed commercial/residential development shall meet the following conditions:
[1]
Planned mixed commercial/residential development overall conditions:
[a]
The minimum site area for a mixed commercial/residential development shall be 10 acres.
[b]
The site shall be served by both public water and public sewer.
[c]
A mixed commercial/residential development may be staged and the density or development characteristics of a stage may be varied as long as the overall plan does not exceed the maximum density and coverage requirements for the commercial and the residential uses.
[d]
The developer shall make provisions which ensure that any common open space, streets, parking or other common facilities will be adequately and properly maintained.
[e]
Curbs and sidewalks shall be required adjacent to streets only as deemed necessary by the Board of Supervisors for purposes of stormwater control and pedestrian safety. An overall plan for pedestrian circulation within and between residential and commercial areas shall be provided.
[g]
All streets, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted and designed to direct light away from adjacent residences. Lighting shall be low intensity and shall not be higher than 16 feet above the adjacent grade.
[h]
All telephone, electric and cable TV utilities shall be installed underground. Any outdoor trash dumpsters serving residential and commercial areas shall be suitably screened.
[i]
Architectural plans depicting building elevations, particularly those visible from the adjacent roadways, shall be provided, which illustrate how the developer will achieve the purposes described in Subsection E(17)(a).
[j]
Commercial development land area shall comprise a minimum of 40% of the development area, excluding existing or future street rights-of-way or stormwater management areas. Residential development land area shall comprise a minimum of 30% of the development area. Any land between a commercial use and a street shall be considered commercial area. Any land within 20 feet of a commercial building or parking lot shall be considered commercial area.
[k]
No more than 50% of the residential development portions of the project shall be developed prior to the completion of the commercial development.
[l]
All surfaces of structures shall have complementary earth tones. The front of all buildings and sides of all commercial buildings shall be stone or brick on a minimum of 35% of the nonglass surface.
[m]
Buffer yards must be provided between proposed residential areas and commercial areas.
[n]
Nonemergency vehicular traffic circulation of the commercial and residential uses shall be kept separate. The development shall be designed so that no vehicular traffic to or from a commercial use would pass a residence.
[2]
Commercial/Nonresidential uses conditions:
[a]
[b]
Any area utilized for commercial/nonresidential uses shall be adjacent to a collector or arterial street.
[c]
Uses within the commercial/nonresidential portion of a planned mixed commercial/residential development may be individually sited uses and/or multiple uses contained in a planned single building.
[3]
Residential conditions:
[a]
A mixed commercial/residential development may contain any of the following dwelling unit types: two-family dwellings, single-family attached dwellings/townhouses, garden apartments and/or low-rise multiple-family dwellings or other similar housing types.
[b]
The residential development portion shall have an overall maximum development density of six dwelling units per acre excluding existing or future street rights-of-way or stormwater infiltration and detention basin areas.
[c]
Conventional siting practices such as building setbacks from street rights-of-way, internal street cartways and minimum distances between buildings may be varied in order to produce attractive and interesting arrangement of buildings and to allow a condominium type of ownership.
[i]
The following building spacing is for buildings not more than three stories or 42 feet in height, except for uninhabited architectural roof areas. Spacing between ends of buildings shall not be less than 30 feet; end of building to building back or front 40 feet; and building back to building back 80 feet.
[ii]
The following building spacing is for buildings not more than two stories or 35 feet in height, except for uninhabited architectural roof areas. Spacing between ends of buildings shall not be less than 25 feet; end of building to building back or front 34 feet; and building back to building back 68 feet.
[d]
No residential structure shall be located within 40 feet of the right-of-way of an arterial street, 30 feet of the right-of-way of a collector street, nor within 25 feet of the right-of-way of a local public street.
[e]
Internal privately maintained streets are allowed within a mixed commercial/residential development with a minimum cartway width of 24 feet. Streets shall otherwise meet the street construction standards of the Township Subdivision and Land Development Ordinance.[7] The minimum setback for a residential dwelling shall be 25 feet from the cartway edge of any internal privately maintained street.
[f]
In no event shall a structure be located less than 30 feet from the external property line of the development that is not a street right-of-way.
[g]
A minimum of 10% of the residential portion of any mixed commercial/residential development shall be set aside as common open space. Areas shall only count as common open space if they are a minimum of 20 feet away from any dwelling and the edge of any cartway or common parking area. This 10% shall apply in addition to any recreation/open space requirements of the Subdivision and Land Development Ordinance.[8] The payment of a recreation fee may be required in place of providing the Subdivision and Land Development Ordinance portion of the common open space and may be required at the sole discretion of the Township Board of Supervisors.
[h]
Residential uses shall provide a planting screen per § 250-30D(3) along the boundaries of the residential portion where homes abut a collector street, arterial street, commercial uses and any other adjacent existing residential or nonresidential uses on another tract. The planting screen may be part of a required front, side or rear yard. The plant materials shall consist of an approximate mixture of 40% deciduous trees and 60% evergreen trees.
(18)
Self-storage development.
(a)
All storage units shall be of a fireproof construction. Each shall have a separate access secured by a locking device.
(b)
Outdoor storage shall be in a fenced area and shall be limited to recreational vehicles, campers, and boats or trailers parked in designated paved areas. All such items must be licensed and inspected (if applicable), and in operable condition.
(c)
Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins, or similar items shall not be stored.
(d)
Nothing shall be stored in interior aisles, off-street parking areas, loading areas, or driveway areas.
(e)
Servicing or repairing of boats, vehicles, trailers, lawn mowers, or any similar equipment shall not be permitted.
(f)
Adequate low-intensity lighting shall be provided to illuminate the area, for security purposes. Such lighting shall be directed away or shielded to direct light away from adjacent property and uses. No light shall be higher than 16 feet above the adjacent grade.
(g)
Hours of operation shall be no earlier than 5:00 a.m. or later that 11:00 p.m., and access to individual storage units shall be restricted by means of a lockable gate.
(h)
No building containing the storage units shall be greater than 200 feet in length.
(i)
The distance between the buildings containing the storage units shall be a minimum of 35 feet.
(j)
No fence shall be placed closer to a property line than the building setback lines.
(19)
Solar energy farm.
(a)
Solar energy farms shall be located on properties with a minimum lot size of five acres.
(b)
The applicant shall demonstrate appropriate screening for the operation and demonstrate compliance with general requirements for nonresidential uses within the Zoning Ordinance, including but not limited to environmental considerations.
(c)
The applicant shall provide an operations agreement to the Township, which shall set forth operations parameters, the name of the operator, inspection protocol, emergency procedures and general safety documentation.
(d)
The applicant shall demonstrate the manner of abandonment and removal of the solar panels that comprise the solar energy farm.
(e)
All other area and bulk regulations shall apply in the applicable zoning district.
(f)
The construction of a solar energy farm will be considered a land development that is subject to review pursuant to the requirements of the Township Subdivision and Land Development Ordinance, Chapter 212 of the Township Code.
(g)
All aboveground solar energy farm facilities shall be surrounded by a minimum eight-foot-high fence with a self-locking gate to prevent or restrict unauthorized persons or vehicles from entering the property on which the facility is located. Warning signs shall be placed on the fence, barrier, or system at the base of all pad-mounted transformers and substations to inform individuals of potential voltage hazards.
(h)
Solar energy farm facilities shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, and similar materials. The manufacturer's or installer's identification and any appropriate warning signs and placards may be displayed on the solar energy farm facilities, provided they comply with the Township's sign regulations.
(i)
To the extent applicable, the solar energy farm facilities shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, the National Electrical Code, and the regulations adopted by the Department of Labor and Industry. A building permit, with code review, will be required.
(j)
The design of the solar energy farm facilities shall conform to applicable manufacturer standards.
(k)
All electrical wiring leading from a solar energy farm facility shall be located underground.
(l)
The applicant shall demonstrate that reasonable efforts have been taken to avoid any disruption, interference with, or loss of radio, telephone or similar signals and shall mitigate any such harm caused by the solar energy farm facilities.
(m)
Abandonment and removal. Where any solar energy farm is not in service for a period of 12 continuous months, the solar panels will be removed. Any solar panel (roof or ground) that has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal. In the event that the solar panels have not been removed within six months of the end of such twelve-month abandonment period, the Township shall give written notice to the landowner and/or facility owner and operator to accomplish the removal within 30 days.
(n)
The design of solar energy farm facilities shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility into the natural setting and existing environment.
(o)
The solar energy farm is subject to all requirements for interconnection from PPL, or any other applicable utility company. No solar energy farm facility shall be constructed until proof is submitted that the utility company that operates the electrical grid where the installation is to be located has been informed of the applicant's intent to install an interconnected customer-owned generator, if such facility is planned for the supply of electricity to the grid.
(p)
All aboveground facilities of the solar energy farm must comply with all setback and height requirements for buildings in the zoning district where the solar energy farm is to be installed.
(q)
All exterior electrical and/or plumbing lines must be buried below the surface of the ground.
(r)
The horizontal projection of the surface area of a solar panel, regardless of the mounted angle, shall be calculated as part of the overall lot building coverage.
(s)
Notification will be provided to the Township Fire Department that the solar energy farm is proposed on the property. The owner of the facility shall provide a copy of the approved land development plan to the Fire Department. After construction, the property owner shall coordinate with the Fire Department to allow a site visit to document the system for its use in case of an emergency. Upon request, the owner shall cooperate with the local emergency providers to develop an emergency response plan.
(t)
All solar energy farm facilities shall be designed by one or more engineers who are registered in the State of Pennsylvania, and all design drawings and calculations shall be supplied to the Township as part of the building and electrical permit application procedure.
(u)
All solar energy farm facilities shall comply with all federal, state and local regulations. In case of conflict, the most-stringent requirements shall apply.
(v)
If the landowner and the proposed owner and/or operator of the facility are different entities, evidence of written agreement shall be provided demonstrating that the facility owner and/or operator has the permission of the landowner to apply for necessary permits or approvals for construction and operation of the facility ("participating landowner agreement").
(w)
A plan shall be provided for operation and maintenance, including safe access by maintenance and emergency personnel.
(x)
Solar energy farms shall have a buffer yard, in accordance with § 250-30D, along any property line adjacent to any public road or property that is residentially zoned or used for residential purposes.
(y)
All methods of shutting down the facility shall be clearly labeled.
(z)
The owner of any solar energy farm facilities must configure his/her/its system in a manner that a backup source of electricity is available during times of outage of his/her/its facilities.
(20)
Age qualified residential community within an AQRC.
(a)
An age qualified residential community within an AQRC shall consist of any one or more of the following types of residential dwelling units:
(b)
The following accessory uses shall be permitted as part of an age qualified residential community within an AQRC:
[1]
Uses customarily incidental to the above-listed dwelling types.
[2]
Outdoor recreational facilities, including, but not limited to, tennis courts, swimming pools, walking paths, golf putting/chipping and shuffleboard courts.
[3]
Community center or clubhouse consisting of, inter alia, activity rooms, kitchen areas, meeting rooms, craft rooms, fitness rooms, lounges or similar facilities for the exclusive use of members of the age qualified community and invited guests.
[4]
Administrative and sales facilities exclusively for the management of the age qualified community and located within the community center, except that model units may contain sale facilities until build-out of the development.
[5]
Service facilities exclusively for the operation of the age qualified community.
[6]
Gatehouses, entrance facilities and other similar structures.
(c)
The following bulk and design requirements shall apply to an age qualified residential community within an AQRC:
[1]
A minimum tract area of 50 gross acres shall be required.
[2]
A minimum lot width of 400 feet shall be required.
[3]
Maximum impervious coverage for the tract shall be 40%.
[4]
Maximum density shall be four dwelling units per gross acre.
[5]
A fifty-foot wide buffer yard with a minimum fifteen-foot planting screen shall be provided along all front, side, and rear boundaries of the tract in accord with regulations of the Zoning Ordinance, except as required along arterial roads as described in Subsection E(20)(d)[4][e] below.
[6]
Buildings shall be set back a minimum distance of 20 feet from the street right-of-way line.
[7]
Minimum building-to-building separations for single-family detached dwellings shall be 15 feet and minimum building-to-building separations for attached dwellings (such as townhouses) shall be 20 feet.
[8]
Minimum building-to-building rear-to-rear separation shall be 40 feet.
[9]
A minimum of 30% of the tract area of the age qualified residential community shall be set aside as common open space. Area designated as common open space for the purpose of this subsection shall be designated on the approved land development plan and guaranteed by deed restrictions, covenants or other instruments filed of record and binding in perpetuity.
[10]
Maximum building height shall be 2 1/2 stories or 35 feet, whichever is greater.
(d)
The following General Requirements shall apply to an age qualified residential community within an AQRC:
[1]
Form of ownership. Fee simple or condominium form of ownership may be utilized; however, regardless of the form of ownership, the applicant shall establish a community organization which shall be funded in such a manner as to be financially responsible for the operation, and maintenance and upkeep of the age qualified residential community and the improvements and common amenities forming a part thereof.
[2]
Declaration of age qualification. Prior to the recording of the land development plan, the applicant shall record a declaration against the property being developed, in a form acceptable to the Township Solicitor, binding the property and owners to the minimum age qualification and such other regulations as may be established by the applicant. Such qualifications and regulations shall be in accordance with all applicable federal and state laws and the regulations promulgated thereunder. The recorded declaration shall relieve the Township from any obligation to enforce the qualifications and regulations set forth therein, and shall place the primary obligation of enforcement on the residents/owners and/or governing association, if any, of the development. The Declaration shall include language confirming that the development meets the Federal Fair Housing Act (42 U.S.C. §§ 3601-3619), the Pennsylvania Human Relations Act (43 P.S. §§ 951-963) and the Housing for Older Persons Act (42 U.S.C. § 3607), which collectively provide exemptions to permit age qualified residential communities if the community meets either of the following conditions: all the occupants of the community are over the age of 62; or at least 80% of the occupied units include at least one resident who is verified to be over the age of 55, and the community follows a policy that demonstrates an intent to provide housing to those aged 55 or older.
[3]
Utilities.
[a]
The age qualified residential community shall be served by both public water and public sewer service.
[b]
All fire services shall be designed and constructed to meet or exceed ISO standards. The heads of all emergency services within the Township or their designees shall review and must find acceptable those aspects of the land development plan relating to the provision of such services, including but not limited to water pressure, fire hydrant locations, turning radii, access to dwelling units and other structures and access to the development from the public right-of-way.
[c]
All utilities to be constructed on the tract to serve the age qualified residential community shall be installed underground. Design and installation of utilities shall be in accordance with applicable requirements of the Township or other provider as applicable.
[4]
Vehicular and pedestrian circulation system.
[a]
Interior streets within an age qualified residential community shall be private, and owned and maintained by a governing association, management corporation or other entity acceptable to the Township and shall have a minimum right-of-way width of 50 feet.
[b]
Interior streets within the age qualified residential community shall be designed and constructed to Township standards for public residential streets, except that the cartway width may be reduced to a minimum of 26 feet, upon the condition that street parking is prohibited.
[c]
Curbs shall be provided along all streets or cartways.
[d]
A pedestrian circulation system shall be included and consist of four-foot-wide sidewalks on one side of internal streets.
[e]
Along arterial roads, the buffer yard and screening shall be provided a minimum width of 100 feet and be provided with an undulating earthen berm varying in height from six feet to 14 feet and landscaped in a naturalized style with a mixture of deciduous and coniferous plantings. Any shade tree planted shall have a minimum trunk caliper of two inches measured at three feet above finished grade and any upright conifer planted shall have a minimum height of six feet.
[f]
The maximum block length for internal streets shall be 800 feet between intersections and/or 90° curves.
[g]
No more than one main access for nonemergency use shall be permitted along the development's frontage on any arterial or collector route.
[h]
The development shall provide at least two means of access with one means permitted to be emergency access only.
[5]
Off-street parking.
[a]
A minimum of two off-street parking spaces shall be provided for each dwelling unit. Garage spaces may count toward this requirement provided that the developer include in its declarations and restrictions an enforceable covenant that each counted space be used for parking and not be converted to another use; however, at least one of the required off-street parking spaces must be an exterior space (outside the garage). Where a driveway is provided, it shall count as one parking space. The developer shall also construct separate, common parking facilities within 300 feet of the dwellings to be served thereby in accordance with regulations contained in this Zoning Ordinance at a ratio of one space for every four dwelling units.
[b]
Off-street parking area for the community center or other community amenities shall be set back a minimum of 20 feet from all buildings and a minimum of 50 feet from the overall development tract boundaries. For the community center, a minimum of one off-street parking space shall be provided for every 250 square feet of gross floor area.
[6]
Open space.
[a]
A minimum of 30% of the tract area of the age qualified residential community shall be set aside and designated as common open space. The common open space may include all of the following: buffers, amenity and recreation areas, natural features and resources, and stormwater management facilities. Such area may also include buildings, parking areas, driveways, pathways and recreation facilities for all such improvements that are provided for the use or enjoyment of the residents of the development. Such areas, however, shall not include street right-of-way areas.
[b]
Significant natural features such as woodland areas, large trees, and natural watercourses, bodies of water, rock outcroppings, and scenic views shall be incorporated into open space areas, where possible.
(e)
Pursuant to § 250-77 (-807) of the Zoning Ordinance, relating to zoning amendments, the Board of Supervisors may consider an amendment to the Zoning Map to include a particular parcel or parcels of land within the Age Qualified Residential Community Overlay District, thus enabling development of such parcel(s) in accordance with this ordinance. In determining the propriety of a Zoning Map amendment, the Township shall comply with all requirements relating to Zoning Map amendments and shall consider the following criteria:
[1]
Consistency with the Township's Comprehensive Plan and other development objectives as embodied in Township ordinances, documents and records;
[2]
Conduciveness of development to, and impact of development on, all relevant environmental factors;
[3]
Compatibility with the character of the neighborhood in which the subject parcel or parcels is/are located; and
[4]
Whether such amendment, if enacted, would violate established legal principles.
(21)
Warehouse.
(a)
Off-street parking and loading shall be provided as required by Article VII of this ordinance; however, the Board of Supervisors shall have the discretion to impose additional conditions to ensure all staging and/or queuing occurs within the lot.
(b)
Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.
(c)
Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins, or similar items shall not be stored.
(e)
Access shall be to a collector or arterial roadway, built to Township standards and connected to the nearest collector or arterial built to those standards.
(22)
Academic clinical research centers.
(a)
Parking requirements will follow the parking regulations found in §§ 250-67, 250-68, 250-69 and 250-70 of the Township of East Allen Zoning Ordinance. Off-street parking regulations shall utilize those listed for colleges, universities, technical or fine arts schools, and postsecondary schools, as appropriate.
(b)
An academic clinical research center may only grow medical marijuana in an indoor, enclosed and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The portions of the academic clinical research center where the medical marijuana is grown shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
All external lighting serving an academic clinical research center must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where an academic clinical research center adjoins a residential use or district, pursuant to § 250-22H of the Zoning Ordinance.
(e)
Any and all other provisions contained in the Act affecting the construction, use and operation of an academic clinical research center.
(f)
The academic clinical research center shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized.
(23)
Grower/processor facility.
(a)
A grower processor facility which grows medical marijuana must be owned and operated by a grower/processor legally registered with the commonwealth and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.[9]
[9]
Editor's Note: "The Act" refers to the Medical Marijuana Act, Act of April 17, 2016, P.L. 84, No. 16.
(b)
A grower/processor facility which grows medical marijuana can only do so in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
The maximum floor area of a grower/processor facility shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage or marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.
(d)
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any grower/processor facility where medical marijuana growing, processing, or testing occurs.
(e)
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH policy or policies and shall not be placed within any unsecure exterior refuse containers.
(f)
The grower/processor facility shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products are specifically prohibited at grower/processor facilities.
(g)
A grower/processor facility may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
(h)
All external lighting serving a grower/processor facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(j)
A buffer planting is required where a grower/processor facility adjoins a residential use or district in accordance with § 250-22H of the Township of East Allen Zoning Ordinance.
(k)
Entrances and driveways to a grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility.
(l)
The grower/processor facility shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Township of East Allen Ordinances.
(m)
Any and all other provisions contained in the Act affecting the construction, use and operation of a grower/processor facility.
(n)
Any medical marijuana facility lawfully operating pursuant to the Act shall not be considered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.
(24)
Medical marijuana delivery vehicle office.
(a)
A traffic impact study is required where the office is to be located and operated.
(c)
All external lighting serving a medical marijuana delivery vehicle office must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where a medical marijuana delivery vehicle office adjoins a residential use or district pursuant to § 250-22H of the Township of East Allen Zoning Ordinance.
(e)
Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(f)
The medical marijuana delivery vehicle office shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the Township of East Allen Ordinances.
(g)
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle office, the office must be secured to the same level as a grower/producer facility and dispensary facility.
(h)
Any and all other provisions contained in the Act affecting the construction, use and operation of a medical marijuana delivery vehicle office.
(25)
Dispensary facility.
(a)
A dispensary facility must be owned and operated by a legally registered dispensary in the commonwealth and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.
(b)
A dispensary facility may only dispense medical marijuana in an indoor, enclosed, permanent and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
A dispensary facility may not operate on the same site on which a grower/processor facility is located.
(d)
A dispensary facility shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana, all of which shall be in accordance with the Act.
(e)
Permitted hours of operation of a dispensary facility shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).
(f)
A dispensary facility shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of medical marijuana, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area of the dispensary facility.
(h)
A dispensary facility may dispose only medical marijuana to certified patients and caregivers as set forth in the Act and shall comply with all lawful, applicable health regulations, including those of the DOH.
(i)
A dispensary facility may not be located within 1,000 feet of a property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
(j)
A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor facility or academic clinical research centers and the specific dispensary facility they serve, or with which they partner.
(k)
Any medical marijuana facility lawfully operating pursuant to the Act shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.
(l)
All external lighting serving a dispensary facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(o)
Entrances and driveways to a dispensary facility must be designed to accommodate the anticipated vehicles used to service the facility.
(p)
The dispensary facility shall require a site plan review and approval if it is utilizing an existing facility and a land development review and approval if a new facility is being built and utilized pursuant to the Township of East Allen Ordinances.
(q)
Any and all other provisions contained in the Act affecting the construction, use and operation of a dispensary facility.
§ 250-27 (((-316.))) Accessory uses.
A.
In general. An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.
B.
Yard requirements. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this ordinance.
C.
Special standards. Each accessory use shall comply with all of the following standards listed for that use:
(1)
Commercial or industrial outdoor storage and display.
(a)
Location. Shall not occupy any part of the street right-of-way, area intended or designed for pedestrian use, required parking area, or part of the required front yard.
(b)
Size. Shall occupy an area less than 1/2 the existing building coverage. A special exception may be authorized by the Zoning Hearing Board for no more than 25% of the lot area to be used for outdoor storage or display.
(2)
Commercial accessory building, structure or use.
(b)
Commercial fences.
[1]
Fences in the required front, side and rear yard areas shall not exceed 10 feet in height with a two-foot allowable security projection which shall be at least two feet from a lot line or easement line, unless the abutting property owner irrevocably agrees in writing.
[2]
Fences in the required front yard shall not be opaque above six feet from the ground and shall be no closer than one foot to a property line.
[3]
Overhangs shall not be permitted in the setback restrictions unless irrevocably agreed by the abutting property owner in writing.
(3)
Dwelling unit as an accessory use to a nonresidential use.
(5)
Home gardening, nurseries, and greenhouses. No outdoor storage of equipment shall be permitted.
(6)
Home occupation.
(a)
A home occupation shall not include any retail or wholesale sales on the premises (other than over the telephone or through the mail) nor any industrial use other than custom crafts.
(b)
A maximum of two persons may be employed who are not permanent residents of the dwelling.
(c)
The total floor area used for the home occupation shall not be more than 25% of the total area of the principal dwelling unit or 750 square feet, whichever is less.
(d)
There shall be no outdoor operations or outdoor storage of materials, products, or equipment and the same applies to any accessory buildings.
(e)
No exterior changes shall occur that reduce the residential appearance of any building.
(f)
There shall be no use of show windows, business display, or advertisement visible from the outside of the premises, except for; one non-illuminated sign with a maximum sign area of two square feet on each of the two sides with a maximum height of five feet.
(g)
A home occupation shall not be conducted in any way that is perceptible from beyond the lot line between the hours of 9:00 p.m. and 7:30 a.m.
(h)
The use shall not involve the storage or use of hazardous, flammable, or explosive substances other than types and amounts commonly found in a dwelling.
(i)
The use shall not involve the use or storage of toxic substances.
(j)
No machinery or equipment shall be permitted that produces noise, noxious odor, vibration, light, or electrical interference beyond the boundary of the property. No use shall generate noise or glare in excess of what is typical in a residential neighborhood.
(k)
Traffic to the use by trucks (other than U.S. Postal Service vehicles, pickup trucks, or standard sized vans) shall occur a maximum of twice a day. The use shall involve the parking of not more than two trucks of any type on the lot or on adjacent streets at any period of time.
(l)
The use shall not need servicing by tractor-trailer trucks or require outdoor on-street or on-private property parking of one or more vehicles with more than a maximum of 12,000 pounds gross vehicle weight (GVW).
(7)
Noncommercial swimming pool. Noncommercial swimming pools shall be located and designed in accordance with Ord. Nos. 83-1 and 83-2, as amended from time to time.
(8)
Recreational vehicle. No recreational vehicle or unit shall be stored for a period of three consecutive months within a front yard or within 10 feet of a side yard or a rear yard line.
(9)
Residential accessory building, structure or use. Permitted residential accessory buildings, structures or uses include:
(a)
Fences and walls.
[1]
Fences and walls in the required side and rear yard areas shall not exceed six feet in height (except tennis court fences which shall not exceed 10 feet in height), and shall be at least two feet from a lot line or easement line unless the abutting property owner unrevocably agrees in writing.
[2]
Fences or walls placed in the required front yard shall not exceed five feet in height and shall be no closer than one foot to a front lot line (right-of-way line). Where height is specified in this section, it shall be measured from the ground elevation.
(b)
Building.
[1]
Any accessory building larger than 144 square feet shall be located beyond the required setback of the front, side, or rear yard, for each zoning district. An accessory building larger than 144 square feet shall not exceed 50% of the floor area of the principal building and should not exceed 18 feet in height.
[2]
Any accessory building 144 square feet or smaller in size shall not be located within a required front, side, or rear yard unless the abutting property owner irrevocably agrees in writing to allow it to be closer. This building shall not exceed 12 feet in height. In no case shall such an accessory building be located less than three feet from any lot line.
(10)
Seasonal roadside produce market. Roadside produce markets for the sale of dairy, farm, greenhouse, or nursery products are permitted with the following restrictions:
(a)
Size. The area where products are displayed or sold shall not exceed 800 square feet.
(b)
Location. The stand shall be at least 50 feet from an intersection, and shall be at least 30 feet from the cartway.
(c)
Removal in off-season. The stand shall be portable, shall be maintained in good condition and shall be removed during seasons when products are not being offered for sale.
(d)
Parking. Parking for vehicles shall be provided off the existing and future street right-of-way and in compliance with the provisions of Article VII.
(e)
Only items grown on the property can be sold during the growing season.
(11)
Solar energy system. No solar energy system shall deny solar access of adjacent lots.
[Amended 1-11-2012 by Ord. No. 2012-02]
(a)
All aboveground electrical components of a solar energy system that are less than 10 feet above the ground shall be enclosed by a fence at least four feet in height which is located at least five feet from the component.
(b)
No component of a solar energy system shall be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, and similar materials. The manufacturer's or installer's identification and any appropriate warning signs and placards may be displayed on the solar energy system, provided they comply with the Township's sign regulations.
(c)
To the extent applicable, the solar energy system facilities shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, the National Electrical Code, and regulations adopted by the Department of Labor and Industry. A building permit, with code review, will be required.
(d)
The design of the solar energy system facilities shall conform to applicable manufacturer standards.
(e)
The solar energy system shall provide power and heat for the principal use of the property on which the solar energy system is located and shall not be used solely for the generation of power for the sale of energy to other users.
(f)
No solar energy system will be designed and constructed that would, on an annual basis, generate energy in excess of 150% of the energy expected to be consumed on the site.
(g)
Any energy generated may only be used on site or be sold to the utility company; no energy may be provided to other users directly.
(h)
A solar energy system shall not be constructed until a principal building is constructed or concurrent with a principal building.
(i)
All electrical wiring between a solar energy system and a separate building shall be located underground.
(j)
The owner of a solar energy system shall remove all components of the system, including the support structure, when the system does not operate or is not used to heat buildings, cool buildings, heat water or generate electricity for more than one year, for any reason.
(k)
The design of solar energy system facilities shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(l)
The solar energy system is subject to all requirements for interconnection from PPL, or any other applicable utility company. No facility planned for interconnection shall be constructed until proof is submitted that the utility company that operates the electrical grid where the installation is to be located has been informed of the applicant's intent to install an interconnected customer-owned generator.
(m)
All solar energy system facilities shall be designed by one or more engineers who are registered in the State of Pennsylvania; and all design drawings and calculations shall be supplied to the Township as part of the building and electrical permit application procedure.
(n)
All solar energy system facilities shall comply with all federal, state, and local regulations pertaining to solar energy and its collection. In case of conflict, the most-stringent requirements shall apply.
(o)
The solar energy system shall be owned and operated by the property owner.
(p)
No adjacent property owner shall be required to remove or cut any plant, bush crop, or tree, nor shall adjacent property owners require a structure to be removed or relocated to accommodate a solar use on an adjoining property.
(q)
A solar energy system may be roof-mounted or ground-mounted as set forth herein:
[1]
Ground-mounted solar energy system:
[a]
A solar energy system must comply with all height requirements for the zoning district where the solar energy system is to be installed.
[b]
A ground-mounted solar energy system must comply with the accessory structure restrictions contained in the zoning district where the ground-mounted solar energy system is located.
[c]
Ground-mounted solar energy systems shall not be located in the required front yard setback.
[d]
The projected horizontal surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot building coverage.
[e]
Where more than 2,500 square feet of ground-mounted solar panel surface will exist on a lot, the following provisions of the solar energy farm requirements shall be addressed:
[i]
Submission as a land development: § 250-26E(19)(f).
[ii]
Fencing: § 250-26E(19)(g).
[iii]
Plan addressing operations, maintenance, and safe emergency access: § 250-26E(19)(w).
[iv]
Buffer yard: § 250-26E(19)(x).
[2]
Roof-mounted systems:
[a]
The height of roof-mounted systems on the principal buildings or accessory buildings shall not extend more than three feet above the finished roof peak to which they are mounted. In no instance shall any part of the system extend beyond the edge of the roof.
[b]
The owner shall identify and document that adequate structural capacity exists to support the system, along with all other applicable expected loads.
[c]
The owner shall notify the Township Fire Department that the solar energy system is proposed on the property. After construction, the owner shall allow the Fire Department to visit the site to document the system for its use in case of an emergency.
[d]
Solar roof-mounted panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
(12)
Temporary structure or use. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
(14)
Small wind energy system.
[Amended 4-23-2009 by Ord. No. 2009-03]
(a)
All small wind energy system support towers shall be enclosed by a fence at least six feet in height which is located at least five feet from the base of such small wind energy system. However, no fence is required for a monopole structure.
(b)
No small wind energy system, vane, sail or rotor blade is to pass within 15 feet of the ground.
(c)
All electrical wiring leading from a small wind energy system shall be located underground.
(d)
No small wind energy system shall be permitted within a front yard.
(e)
The height of a small wind energy system (including highest elevation of blades) shall not exceed 130 feet.
(f)
A small wind energy system shall be set back from a property line or aboveground utility line a distance greater than its overall height, including blades, or the minimum yard requirement, whichever is greater. It is noted, however, that anchors for guy wires that may be needed to hold a small wind energy system tower vertical shall be located no closer than 10 feet to any property line.
(g)
Small wind energy systems shall comply with the requirements of § 250-36, Airport area safety regulations, or current FAA requirements, whichever are more restrictive.
(h)
If guy wires are utilized to stabilize the location of a small wind energy system tower, these guy wires shall be protected and/or labeled in such a way as to provide notice to persons who may be walking, riding bikes or otherwise passing near the guy wires.
(i)
All components of a small wind energy system shall be designed by one or more engineers who are registered in the State of Pennsylvania, and all design drawings and calculations shall be supplied to the Township as part of the building and electrical permit application procedure. The design and construction of electrical generation, storage and supply equipment shall conform to appropriate provisions of the National Electric Code. The design and construction of any tower utilized for the purposes of supporting a small wind energy system shall conform to the appropriate provisions of the International Building Code Section 1609, by utilizing the Structural Code TIA/EIA — 222, latest revision, as published by the American National Standard Institute (ANSI).
[1]
The structural design engineer shall be responsible for the study of subsoil and geologic conditions to provide documented information on which to base the design of the foundation of the structures proposed. A report of this soil and geologic information shall be provided as part of the permit applications.
[2]
The design of any wind turbine utilized shall include mechanical and electrical overrides that would prevent mechanical or electrical damage to the structure, the turbine or electrical system of the principal structure at times of high wind, lightning and/or power company outages.
(j)
Any tower utilized for the support of a small wind energy system, turbine and blade shall be finished and/or painted with a nonreflective color or finish of natural metal or white, light gray or light blue except that blades may be dark gray or black.
(k)
Small wind energy systems shall not be lighted in any way, unless an aircraft warning light is required by federal regulations. Documentation of this requirement would need to be provided as part of the permit application. This prohibition against lighting includes a prohibition of any lighting that would be directed toward or aimed at any portion of the structure and/or small wind energy system.
(l)
No portion of the small wind energy system shall be utilized for signage or advertising regardless of the zoning district in which the system is constructed.
(m)
The owner of a small wind energy system shall remove all components of the system, including the support structure, when the system does not operate or is not used to generate electricity, for more than one year, for any reason.
D.
Lots equal to or exceeding 15 acres in size. In all zoning districts, accessory uses on lots equal to or exceeding 15 acres in size shall not exceed 4,000 square feet for such accessory use, and the maximum height for such accessory use shall be no higher than 25 feet.
[Added 3-25-2010 by Ord. No. 2010-01]