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East Donegal Township
City Zoning Code

ARTICLE V

- DISTRICT REGULATIONS

Sec. 52-113.- Conservation District (C).

(a)

Intended purpose.

(1)

To protect, conserve and preserve the natural resources of the Township.

(2)

To protect sensitive and important natural features (e.g., floodplains, wetlands, prime farmlands, unique geologic features, steep slopes, woodlands, wildlife habitats, etc.) from indiscriminate development.

(3)

To establish a linear park corridor along the Susquehanna River, emphasizing and preserving the natural and passive qualities of the riverbank.

(4)

To provide for a diversity of parkland and recreation opportunities to meet the needs of all residents.

(5)

To discourage sizable developments in areas not served by public utilities.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Natural areas, woodland preserves and wildlife preserves.

b.

Public parks.

c.

Any form of agriculture, horticulture or forestry.

d.

Single-family detached dwellings.

e.

Customary accessory uses and structures incidental to permitted conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

f.

No-impact home businesses.

g.

Accessory alternative energy systems in accordance with section 52-148(d).

(2)

Conditional uses and structures.

a.

Private parks, subject to the provisions of section 52-286.

b.

Arboretums, botanical gardens and zoological gardens, subject to the provisions of section 52-252.

c.

Nature-based sports clubs, subject to the provisions of section 52-282.

d.

Water oriented structures such as docks, piers, wharves and marinas, subject to the provisions of section 52-302.

e.

Stream improvements, fish hatcheries and ponds, subject to the provisions of section 52-300.

f.

Floodproofing and flood hazard reduction structures for nonconforming uses and structures, subject to the provisions of chapter 14 of this Code of Ordinances of the Township.

g.

Community utilities, subject to the provisions of section 52-265.

h.

Country clubs, subject to the provisions of section 52-266.

i.

Golf courses, subject to the provisions of section 52-270.

j.

Adaptive reuse of historic resources in accordance with section 52-124(o).

(3)

Special exception uses and structures, subject to the provisions of section 52-298.

a.

Historical buildings, structures and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Home occupations, subject to the provisions of section 52-272.

c.

Temporary uses, subject to the provisions of section 52-301

d.

Short-term rental units in accordance with section 52-304.

(c)

Lot, yard and height requirements.

(1)

Number of single-family detached dwellings permitted:

a.

For every 25 acres of an existing, contiguous lot or fraction thereof under single ownership as of January 8, 1975, there may be one single-family detached dwelling permitted in addition to the existing uses on said existing lot, or one new single-family detached dwelling lot subdivided from said existing lot provided the remaining portion of the existing lot is in conformance with all lot, yard and height requirements of the zoning district, subject to this subsection (c).

b.

On an existing lot under single ownership that has a lot area of two acres or more, but is less than 25 acres in lot area as of the January 8, 1975, there may be only one single-family detached dwelling permitted in addition to the existing uses on said existing lot, or one new single-family detached dwelling lot subdivided from said existing lot, provided, the remaining portion of the existing lot is in conformance with all lot, yard and height requirements of the zoning district, subject to subsection (c).

c.

An additional two single-family detached dwellings or single-family detached dwelling lots shall be permitted in addition to the number of single-family detached dwellings or single-family detached dwelling lots permitted by subsections (c)(1) and (2) of this section, where said single-family detached dwellings or single-family detached dwelling lots are developed totally on non-tillable land, provided:

1.

Said single-family detached dwellings and single-family detached dwelling lots meet all other requirements of this chapter.

2.

The application for development shall show the areal extent of non-tillable land. Where the application indicates the areal extent of non-tillable land as being different from that designated by the soil conservation service, the applicant shall be required to submit a field survey of the area in question. Said field survey shall be sealed by a professional qualified to perform such a survey and shall have adequate detail to justify the area being designated as non-tillable land.

d.

At the time new single-family detached dwelling lots are being subdivided in accordance with the provisions of this subsection, the landowner of the existing contiguous lot under single ownership shall designate on the subdivision plan to be recorded for such new single-family detached dwelling lots whether any rights to further subdivide the existing contiguous lot are to be transferred to any of the new single-family detached dwelling lots created by the subdivision plan. If such a designation is not made on the subdivision plan to be recorded, then all rights to further subdivide the original existing contiguous lot shall go to the largest lot remaining from said original existing contiguous lot after the subdivision plan has been recorded. If two or more lots are of equal size and are the largest lots remaining from the original existing contiguous lot after the subdivision plan has been recorded, then the rights to further subdivide shall be distributed equally among such equally large lots provided that the number of single-family detached dwellings and lots permitted to be subdivided is not exceeded.

e.

The maximum lot area of any single-family detached dwelling lot subdivided from a tract of land shall be two acres; however, this maximum lot area may be increased as deemed necessary by the Township to accommodate required on-lot disposal systems (OLDS) as stipulated by the state department of environmental protection.

(2)

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Line Min. Lot Width at Setback Line Max. Lot Coverage Side Yard Width Rear Yard Depth
Single-family
detached dwelling
33,000 s.f. 50 ft. 100 ft. 20% 12 ft. 25 ft.
All other permitted uses 2 acres 100 ft. 100 ft. 20% 12 ft. 50 ft.

 

(3)

Building height.

a.

Principal building: 40 feet.

b.

Accessory building: 30 feet.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 100 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 80 feet from the centerline of the existing or proposed street or 55 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings; provided, however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 501; Ord. No. 2001-1, § 501, 2-27-2001; Ord. No. 2004-2, § 11, 10-7-2004; Ord. No. 2010-4, § 1, 12-2-2010; Ord. No. 2017-5, § 501, 12-7-2017; Ord. No. 2024-3, § 2, 5-2-2024)

Sec. 52-114. - Agricultural District (A).

(a)

Intended purposes.

(1)

To preserve agricultural areas for agricultural use.

(2)

To protect productive farmlands as a means of prolonging agricultural viability and the vital flavor of the Township, without financially overburdening local farmers.

(3)

To provide effective agricultural zoning that severely limits speculative development in favor of continued farming.

(4)

To allow for the use of agriculturally related businesses as a means of accommodating limited industry while aiding farmers, but subject to strict regulations that assure their compatibility within a rural context.

(5)

To provide safeguards from intensive livestock operations to minimize adverse impacts and to ensure compliance with applicable management measures.

(6)

To protect, conserve and preserve the natural resources of the Township.

(7)

To protect sensitive and important natural features (e.g., floodplains, wetlands, prime farmlands, unique geologic features, steep slopes, woodlands, wildlife habitats, etc.) from indiscriminate development.

(8)

To preserve and enhance the community character that makes it a unique, distinctive and identifiable place.

(9)

To promote the preservation of the historic architecture within the Township.

(10)

To discourage sizable developments in areas that are not served by public utilities.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

The tilling of the soil, the raising of crops, fruits and vegetables.

b.

Nurseries, horticultural activities and forestry.

c.

The storage and packing of crops, fruits and vegetables produced on the premises.

d.

The hatching, raising, slaughtering, dressing and marketing on a commercial scale, chickens, turkeys or other fowl or poultry, hatched or raised on the premises.

e.

The raising, grazing and slaughtering of horses, cattle, hogs, sheep or goats, including the supplementary feeding of such animals, provided that such raisin, grazing and slaughtering is not a part of, nor conducted in conjunction with a livestock slaughterhouse or animal byproducts business.

f.

The keeping and raising of hogs, provided that there shall be no feeding of any market or house refuse, garbage or offal, other than that produced on the premises.

g.

Milk processing and jugging operations for the retail sale of milk produced on the premises; however, 80 percent of the sales must be milk derived products.

h.

Structures such as barns, silos, corncribs, poultry houses, pigsties, stables, kennels, implement sheds and similar structures, necessary for the proper operation of the agricultural activity.

i.

Single-family detached and semi-detached dwelling units.

j.

Community utilities.

k.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

l.

Kennels.

m.

No-impact home-based business.

n.

Public and private schools located within the Township's urban growth boundaries.

o.

Accessory alternative energy systems in accordance with section 52-148(d).

(2)

Conditional uses and structures.

a.

Municipal buildings, including fire houses and emergency services, subject to the provisions of section 52-281.

b.

Churches or similar places of worship, subject to the provisions of section 52-263.

c.

Public and private parks, subject to the provisions of section 52-287.

d.

Riding academies, subject to the provisions of section 52-294.

e.

Public and private schools located outside of the Township's Urban Growth Boundaries, subject to the provisions of section 52-287.

f.

Cemeteries and mortuaries, subject to the provisions of section 52-261.

g.

Country clubs, subject to the provisions of section 52-266.

h.

Golf courses, subject to the provisions of section 52-270.

i.

Storage, buying and selling of whole grains, subject to the provisions of section 52-299.

j.

Elder cottage, subject to the provisions of section 52-268.

k.

Rental storage within farm buildings, subject to the provisions of section 52-290.

l.

Bed and breakfast establishments, subject to the provisions of section 52-255.

m.

Commercial communication towers and antennas, subject to the provisions of section 52-264. Additional antennas and associated appurtenances associated with any previously approved sites and installed on existing structures are permitted by right in accordance with "Achieving Better Care by Monitoring All Prescriptions Program (ABC-MAP)" PA Act 191.

n.

Adaptive reuse of historic resources in accordance with section 52-124(o).

(3)

Special exception uses and structures.

a.

Historical buildings, structures, and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Home occupations, subject to the provisions of section 52-272.

c.

Manufactured homes for agricultural uses, subject to the provisions of section 52-277.

d.

Farm occupations, subject to the provisions of section 52-269.

e.

Regional anaerobic digesters, subject to the provisions of section 52-289.

f.

Temporary uses, subject to the provisions of section 52-301.

g.

Short-term rental units in accordance with section 52-304.

(c)

Lot, yard and height requirements.

(1)

Number of uses and lots permitted:

a.

For every 25 acres of an existing contiguous lot or fraction thereof under single ownership as of January 8, 1975, there may be one use permitted in addition to the existing uses on said existing lot, or one new lot subdivided from said existing lot provided the remaining portion of the existing lot is in conformance with all lot, yard and height requirements of the zoning district, subject to this subsection (c).

b.

On an existing lot under single ownership that has a lot area of two acres or more, but is less than 25 acres in lot area as of January 8, 1975, there may be only one use permitted in addition to the existing uses on said existing lot, or one new lot subdivided from said existing lot provided the remaining portion of the existing lot is in conformance with all lot, yard and height requirements of the zoning district, subject to this subsection (c).

c.

An additional two permitted uses or lots shall be permitted in addition to the number of uses or lots permitted by subsections (c)(1)a and b of this section, where said permitted uses or lots are developed totally on non-tillable land, provided:

1.

Said uses and lots meet all other requirements of this chapter.

2.

The application for development shall show the areal extent of non-tillable land. Where the application indicates the areal extent of non-tillable land as being different from that designated by the soil conservation service, the applicant shall be required to submit a field survey of the area in question. Said field survey shall be sealed by a professional qualified to perform such a survey and shall have adequate detail to justify the area being designated as non-tillable land.

d.

At the time new lots are being subdivided in accordance with the provisions of this section, the landowner of the existing contiguous lot under single ownership shall designate on the subdivision plan to be recorded for such new lots whether any rights to further subdivide the existing contiguous lot are to be transferred to any of the new lots created by the subdivision plan. If such a designation is not made on the subdivision plan to be recorded, then all rights to further subdivide the original existing contiguous lot shall go to the largest lot remaining from said original existing contiguous lot after the subdivision plan has been recorded. If two or more lots are of equal size and are the largest lots remaining from the original existing contiguous lot after the subdivision plan has been recorded, then the rights to further subdivide shall be distributed equally among such equally large lots provided that the number of lots permitted to be subdivided is not exceeded.

e.

The maximum lot area of any residential lot subdivided from a tract of land shall be two acres; provided however, this maximum lot area may be increased as deemed necessary by the Township to accommodate required on-lot disposal systems (OLDS) as stipulated by the state department of environmental protection.

f.

Lands within the Agricultural District (A) are located within an area where land is used for agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort or the possibility of injury to property or persons arising from normal and accepted agricultural practices or operations used in a prudent manner, including, but not limited to, noise, odors, dust, the operation of machinery of any kind (including, without limitation, aircraft), the storage and disposal of manure, and the application of fertilizers, herbicides, pesticides or soil amendments. Owners, residents and other users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations and are hereby put on official notice that § four of the Pennsylvania Act 133 of 1982, the Right to Farm Law, may bar them from obtaining a legal judgment against such normal agricultural practices or operations used in a prudent manner.

g.

All final subdivision or land development plans for the creation of a new residential use or new residential lot within the Agricultural District (A) must contain, in conspicuous form, the following note:

"WARNING: The residential uses or lots proposed by this subdivision or land development plan are in an Agricultural Zoning District. The primary use of such district is agricultural, and residents must expect occurrences such as the smell of farm animals and animal waste they produce, insects, toxic chemical spraying, slow-moving agricultural machinery on local roads and other byproducts of agricultural business and activity."

h.

No lot within an agricultural zoning district currently used for an agricultural use as its principal use may be utilized as a residential use as its principal use unless such lot is no larger than two acres in size.

A copy of the final subdivision or land development plan shall be issued to the purchaser of each lot within the subject subdivision or land development.

(2)

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Line Min. Lot Width at Setback Line Max. Lot Coverage Side Yard Width Rear Yard Depth
Single-family dwelling units 33,000 s.f. 50 ft. 100 ft. 20% 12 ft. 25 ft.
Semi-detached dwelling units 7,500 s.f. 40 ft.
per d.u.
40 ft.
per d.u.
20% 10 ft. 25 ft.
Municipal
buildings
1 acre 50 ft. 150 ft. 50% 25 ft. 25 ft.
Churches; public and private schools 2 2 acres 50 ft. 200 ft. 50% 50 ft. 50 ft.
Riding academies, cemeteries and mortuaries, country clubs and golf courses 2 acres 50 ft. 200 ft. 20% 50 ft. 50 ft.
All other permitted uses 2 acres 100 ft. 100 ft. 20% 12 ft. 50 ft.
2 Or as required by the Pennsylvania Department of Education

 

(3)

Building height.

a.

Principal building: 40 feet.

b.

Accessory building: 30 feet.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 100 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing, or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 80 feet from the centerline of the existing or proposed street or 55 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings, provided; however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 502; Ord. No. 2001-1, § 502, 2-27-2001; Ord. No. 2002-5, § 5, 10-10-2002; Ord. No. 2004-2, §§ 12, 13, 10-7-2004; Ord. No. 2010-2, 2-4-2010; Ord. No. 2010-4, § 2, 12-2-2010; Ord. No. 2017-5, § 502, 12-7-2017; Ord. No. 2024-3, § 2, 5-2-2024)

Sec. 52-115. - Low Density Residential District (R-1).

(a)

Intended purpose. To provide for continued suburban style development in areas where such development has been prevalent in recent decades, and by encouraging residential growth and development of a low density character, provided public water and sewerage facilities are available. Emphasis for growth and development is placed upon accessibility to transportation, community facilities and public utilities.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Single-family detached dwellings.

b.

Public parks.

c.

Municipal buildings, including fire houses and emergency services.

d.

Churches or similar places of worship.

e.

Public and private schools.

f.

Community utilities.

g.

Forestry.

h.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

i.

No-impact home-based business.

j.

Accessory alternative energy systems subject to the provisions of section 52-148(d).

(2)

Conditional uses and structures.

a.

Private parks, subject to the provisions of section 52-286.

b.

Cemeteries and mortuaries, subject to the provisions of section 52-261.

c.

Country clubs, subject to the provisions of section 52-266.

d.

Golf courses, subject to the provisions of section 52-270.

e.

Nursing or retirement care facilities, subject to the provisions of section 52-283.

f.

Adaptive reuse of historic resources in accordance with section 52-124(o).

(3)

Special exception uses and structures.

a.

Historical buildings, structures, and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Home occupations, subject to the provisions of section 52-272.

c.

Temporary uses, subject to the provisions of section 52-301.

d.

Short-term rental units in accordance with section 52-304.

(c)

Lot, yard and height requirements.

(1)

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Line Min. Lot Width at Setback Line Max. Lot Coverage Side Yard Width Rear Yard Depth
Single-family
detached dwelling with no water or sewer, or with
water only
33,000 s.f. 50 ft. 100 ft. 20% 12 ft. 25 ft.
Single-family
detached dwelling with sewer only
20,000 s.f. 50 ft. 100 ft. 25% 12 ft. 25 ft.
Single-family
detached dwelling with water and sewer
15,000 s.f. 50 ft. 100 ft. 30% 10 ft. 25 ft.
Municipal
buildings
1 acre 50 ft. 150 ft. 50% 25 ft. 25 ft.
Churches; public and private schools 3 and nursing or retirement care facilities 2 acres 50 ft. 200 ft. 50% 50 ft. 50 ft.
Cemeteries and mortuaries, country clubs and golf courses 2 acres 50 ft. 200 ft. 20% 50 ft. 50 ft.
All other permitted uses 2 acres 100 ft. 100 ft. 20% 12 ft. 50 ft.
3 Or as required by the Pennsylvania Department of Education

 

(2)

Minimum lot depth: 125 feet.

(3)

Sewer and water. All uses requiring sewer and water service shall be connected to public sewer and water facilities if available.

(4)

Building height.

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 100 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 80 feet from the centerline of the existing or proposed street or 55 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing, or proposed right-of-way, whichever is the greater.

d.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings, provided; however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(3)

Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land located within the agricultural district. In addition, on any non-farm parcel, no shrub, plant or vegetation except grass shall be planted and no accessory structure or fence shall be located within ten feet of any land within the agricultural district. Similarly, no tree shall be planted on any non-farm parcel within 30 feet of any land within the agricultural district.

(e)

Modifications to area and bulk requirements for residential subdivisions and land developments utilizing stormwater management best management practices.

(1)

The board of supervisors may permit the modification of any of the standards set forth in subsection (c)(1) of this section in order to encourage the use of innovative stormwater management design that strives to replicate pre-development hydrological function, exceed volume control requirements, implement on-lot runoff volume control measures and decrease public infrastructure.

(2)

No modification of area and bulk requirements shall be considered or approved by the board of supervisors unless the following requirements are met:

a.

The proposed residential subdivision or land development contains a minimum of five residential lots or units.

b.

The total area of the proposed residential subdivision or land development equals or exceeds five acres.

c.

Individual on-lot stormwater management best management practices are implemented to disconnect lot runoff from the municipal stormwater management system.

d.

Post-development impervious surface runoff from individual lots within the development is reduced to an equivalent to 90 percent of the pre-development surface runoff.

(3)

Lot, yard and height requirements.

a.

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Ln. Min. Lot Width at Setback Ln Max. Lot Coverage Side
Yard
Setback
Rear
Yard
Setback
Single-family detached dwelling; with public water and sewer 7,500 s.f. 50 ft. 60 ft. 60% 10 ft. 25 ft.

 

b.

Minimum lot depth: 125 feet

c.

Setback regulations.

1.

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

2.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is greater.

(f)

Modifications to street design standards to reduce the volume and rate of stormwater runoff requirements for residential development utilizing stormwater management best management practices. In conjunction with subsection (e) of this section, the following modifications may be implemented within residential subdivisions and land developments that meet the requirements of subsection (b) of this section subject to the following:

(1)

The street design specifications contained in chapter 42 of this Code shall govern except as indicated in this section and approved as part of a preliminary subdivision or land development plan.

(2)

Two-way local streets shall have two ten-foot minimum travel lanes.

(3)

On-street parking shall be required on one side of local streets. On-street parking spaces shall be a minimum of seven feet by 22 feet.

(4)

Curbing may be eliminated in areas designed to implement stormwater management best management practices.

(5)

Local streets shall be designed for possible dedication to the Township and shall be a minimum of 50-foot right-of-way.

(g)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter except as prescribed in this section.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 503; Ord. No. 2001-1, § 503, 2-27-2001; Ord. No. 2004-2, §§ 14—16, 10-7-2004; Ord. No. 2005-8, § 1, 7-7-2005; Ord. No. 2010-4, § 3, 12-2-2010; Ord. No. 2017-5, § 503, 12-7-2017; Ord. No. 2018-1, § 1, 5-3-2018; Ord. No. 2024-3, § 2, 5-2-2024)

Sec. 52-116. - Suburban Residential District (R-2).

(a)

Intended purpose. To accommodate suburban style development in areas where such development has been substantially built out in recent decades, and by similar type residential growth and development, provided public water and sewerage facilities are available. Emphasis for growth and development is placed upon accessibility to transportation, community facilities and public utilities.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Single-family detached dwellings.

b.

Public parks.

c.

Municipal buildings, including fire houses and emergency services.

d.

Churches or similar places of worship.

e.

Public and private schools.

f.

Community utilities.

g.

Forestry.

h.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

i.

No-impact home-based business.

j.

Accessory alternative energy systems subject to the provisions of section 52-148(d).

(2)

Conditional uses and structures.

a.

Private parks, subject to the provisions of section 52-286.

b.

Cemeteries and mortuaries, subject to the provisions of section 52-261.

c.

Elder cottage, subject to the provisions of section 52-268.

d.

Nursing or retirement care facilities, subject to the provisions of section 52-283.

e.

Adaptive reuse of historic resources in accordance with section 52-124(o).

(3)

Special exception uses and structures.

a.

Historical buildings, structures and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Home occupations, subject to the provisions of section 52-272.

c.

Temporary uses, subject to the provisions of section 52-301.

d.

Short-term rental units in accordance with section 52-304.

(c)

Lot, yard, and height requirements.

(1)

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Line Min. Lot Width at Setback Line Max. Lot Coverage Side Yard Width Rear Yard Depth
Single-family
detached dwelling
10,000 s.f. 70 ft. 90 ft. 50% 10 ft. 25 ft.
Municipal
buildings
1 acre 50 ft. 150 ft. 50% 25 ft. 25 ft.
Churches; public and private schools 4 and nursing or retirement care facilities 2 acres 50 ft. 200 ft. 50% 50 ft. 50 ft.
Cemeteries and mortuaries, country clubs and golf courses 2 acres 50 ft. 200 ft. 20% 50 ft. 50 ft.
All other permitted uses 2 acres 100 ft. 100 ft. 20% 12 ft. 50 ft.
4 Or as required by the Pennsylvania Department of Education

 

(2)

Minimum lot depth: 100 feet.

(3)

Sewer and water. All uses requiring sewer and water service shall be connected to public sewer and water facilities.

(4)

Building height.

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 50 feet from the centerline of the existing or proposed street or 25 feet from the edge of the existing or proposed rightof-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 50 feet from the centerline of the existing, or proposed street or 25 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 50 feet from the centerline of the existing or proposed street or 25 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 50 feet from the centerline of the existing or proposed street or 25 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings, provided; however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(3)

Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land located within the agricultural district. In addition, on any non-farm parcel, no shrub, plant or vegetation except grass shall be planted and no accessory structure or fence shall be located within ten feet of any land within the agricultural district. Similarly, no tree shall be planted on any non-farm parcel within 30 feet of any land within the agricultural district.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 504; Ord. No. 2001-1, § 504, 2-27-2001; Ord. No. 2004-2, §§ 17—20, 10-7-2004; Ord. No. 2005-8, § 2, 7-7-2005; Ord. No. 2010-4, § 4, 12-2-2010; Ord. No. 2017-5, § 504, 12-7-2017; Ord. No. 2024-3, § 2, 5-2-2024)

Sec. 52-117. - Urban Extension Residential District (R-3).

(a)

Intended purpose. To encourage residential growth and development of a medium density character consistent with traditional development forms where such development is an extension of existing traditional growth, allows for a diversity of housing types, sizes and costs, with particular emphasis on scattered-site affordable housing opportunities, allows for convenient vehicular access to the neighborhood edge, allows for increased reliance upon pedestrian movement and reflects the historic and traditional building styles of the Township; provided public water and sewerage facilities are available. Emphasis for growth and development is placed upon accessibility to transportation, community facilities and public utilities.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Single-family detached dwellings.

b.

Single-family semi-detached dwellings.

c.

Public parks.

d.

Municipal buildings, including fire houses and emergency services.

e.

Churches or similar places of worship.

f.

Public and private schools.

g.

Community utilities.

h.

Forestry.

i.

No-impact home-based business.

j.

Public libraries.

k.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, or to existing residential uses, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

l.

Accessory alternative energy systems, subject to the provisions of section 52-148(d).

(2)

Conditional uses and structures.

a.

Residential conversion, subject to the provisions of section 52-291.

b.

Private parks, subject to the provisions of section 52-286.

c.

Nursing or retirement care facilities, subject to the provisions of section 52-283.

d.

Elder cottage, subject to the provisions of section 52-268.

e.

Adaptive reuse of historic resources in accordance with section 52-124(o).

(3)

Special exception uses and structures.

a.

Historical buildings, structures, and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Home occupations, subject to the provisions of section 52-272.

c.

Temporary uses, subject to the provisions of section 52-301.

d.

Short-term rental units in accordance with section 52-304.

(c)

Lot, yard and height requirements.

(1)

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Line Min. Lot Width at Setback Line Max. Lot Coverage Side Yard Width Rear Yard Depth
Single-family
detached dwelling
10,000 s.f. 60 ft. 60 ft. 50% 10 ft. 25 ft.
Single-family semi-detached dwelling 5,500 s.f.
per d.u.
40 ft.
per d.u.
40 ft.
per d.u.
60% 10 ft. 25 ft.
Municipal
buildings
1 acre 50 ft. 150 ft. 50% 10 ft. 25 ft.
Churches; public and private schools 5 and nursing or retirement care facilities 2 acres 50 ft. 200 ft. 50% 10 ft. 50 ft.
All other permitted uses 2 acres 100 ft. 100 ft. 20% 10 ft. 25 ft.
5 Or as required by the Pennsylvania Department of Education

 

(2)

Minimum lot depth: 100 feet.

(3)

Sewer and water. All uses requiring sewer and water service shall be connected to public sewer and water facilities.

(4)

Building height.

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(5)

For single-family semi-detached dwellings, individual driveway entrances onto streets shall be contiguous where possible so that a maximum amount of area is available for on street parking between driveways. Driveways shall not enter directly onto arterial streets.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 50 feet from the centerline of the existing or proposed street or 25 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 50 feet from the centerline of the existing or proposed street or 25 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 50 feet from the centerline of the existing or proposed street or 25 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 50 feet from the centerline of the existing or proposed street or 25 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings, provided; however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(3)

Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land located within the agricultural district. In addition, on any non-farm parcel, no shrub, plant or vegetation except grass shall be planted and no accessory structure or fence shall be located within ten feet of any land within the agricultural district. Similarly, no tree shall be planted on any non-farm parcel within 30 feet of any land within the agricultural district.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 505; Ord. No. 2001-1, § 505, 2-27-2001; Ord. No. 2001-4, §§ 1, 2, 9-13-2001; Ord. No. 2002-5, § 6, 10-10-2002; Ord. No. 2004-2, §§ 21—24, 10-7-2004; Ord. No. 2005-8, § 3, 7-7-2005; Ord. No. 2010-4, § 5, 12-2-2010; Ord. No. 2017-5, § 505, 12-7-2017; Ord. No. 2024-3, § 2, 5-2-2024)

Sec. 52-118. - Village Center District (R-4).

(a)

Intended purpose. To promote the continued viability of the historic development patterns found within Maytown where buildings have traditionally been located on a tightly knit pattern of long and narrow lots located in close proximity to the major streets within the village, where access to rear alleys is generally found, where a wide variety of housing types are intermixed, where conversion of existing residential uses to public or limited commercial uses should be provided if such conversions do not eliminate existing buildings and do not degrade the historic characteristics of the area, and provided public water and sewerage facilities are available.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Single-family detached dwellings.

b.

Single-family semi-detached dwellings.

c.

Townhouses.

d.

Public parks.

e.

Community utilities.

f.

Forestry.

g.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

h.

No-impact home businesses.

i.

Retail stores for the conducting of any retail business and having a gross floor area of less than 2,000 square feet of gross floor area, including, but not limited to, the retailing of food, confectionery, hardware, bakery products, clothing, household appliances, flowers or house plants, provided however, that no alcoholic beverages shall be sold or consumed on the premises by patrons unless such establishment providing alcoholic beverage consumption holds a valid license to serve alcoholic beverages from the state liquor control board or are specifically exempted therefrom.

j.

Accessory alternative energy systems, subject to the provisions of section 52-148(d).

(2)

Conditional uses and structures.

a.

Residential conversion, subject to the provisions of section 52-291.

b.

Elder cottage, subject to the provisions of section 52-268.

c.

Bed and breakfast establishments, subject to the provisions of section 52-255.

d.

Municipal buildings, including fire houses and emergency services, subject to the provisions of section 52-281.

e.

Public libraries, Subject to the provisions of section 52-288.

f.

Churches or similar places of worship, subject to the provisions of section 52-263.

g.

Private parks, subject to the provisions of section 52-286.

h.

Public and private schools, subject to the provisions of section 52-287.

i.

Child day care centers, subject to the provisions of section 52-262.

j.

Nursing or retirement care facilities, subject to the provisions of section 52-283.

k.

Automobile service stations, subject to the provisions of section 52-253.

l.

Sales offices and lots for the retail sales of automobiles, trucks, boats and farm equipment, subject to the provisions of section 52-295.

m.

Medical and dental clinics and laboratories, subject to the provisions of section 52-278.

n.

Retail stores in excess of 2,000 square feet, for the conducting of any retail business, including, but not limited to, the retailing of food, confectionery, hardware, bakery products, clothing, household appliances, flowers or house plants, provided however, that no alcoholic beverages shall be consumed on the premises by patrons unless said retail store holds a valid license to serve alcoholic beverages from the Pennsylvania Liquor Control Board, or are specifically exempted therefrom, subject to the provisions of section 52-293.

o.

Personal service shops and professional offices, subject to the provisions of section 52-285.

p.

Bus station, subject to the provisions of section 52-258.

q.

Banks and financial institutions, subject to the provisions of section 52-254.

r.

Restaurants, cafes, and other establishments serving, food and beverages, provided, however, that no alcoholic beverages shall be consumed on the premises by patrons unless said restaurant, cafe or other establishment holds a valid license to serve alcoholic beverages from the Pennsylvania Liquor Control Board, or are specifically exempted therefrom, subject to the provisions of section 52-292.

(3)

Special exception uses and structures.

a.

Historical buildings, structures, and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Home occupations, subject to the provisions of section 52-272.

c.

Temporary uses, subject to the provisions of section 52-301.

d.

Short-term rental units in accordance with section 52-304.

(c)

Lot, yard and height requirements.

(1)

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Line Min. Lot Width at Setback Line Max. Lot Coverage Side Yard Width Rear Yard Depth
Single-family
detached dwelling
7,500 s.f. 30 ft. 30 ft. 50% 3 ft. 25 ft.
Single-family semi-detached dwelling 5,000 s.f.
per d.u.
20 ft. 20 ft. 60% 3 ft. 25 ft.
Townhouses 5,000 s.f.
per d.u.
20 ft. 20 ft. 60% 3 ft.
(end units)
25 ft.
All other permitted uses 7,500 s.f. 30 ft. 30 ft. 75% 3 ft. 25 ft.

 

(2)

Minimum lot depth: 250 feet.

(3)

Sewer and water. All uses requiring sewer and water service shall be connected to public sewer and water facilities.

(4)

Building height.

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(5)

General requirements.

a.

All lots shall have frontage on a public street and shall extend to an alley or another public street.

b.

Lots with frontage only on an alley cannot be subdivided.

c.

Vehicular access shall be provided to all lots from an alley or street located along the rear lot line. Required parking spaces shall be provided to the rear of the principal building.

d.

On-lot parking spaces shall not be provided between the street right-of-way and the front building line.

e.

On corner lots, the minimum side yard width shall be three feet.

f.

For each townhouse building, no more than 50 percent of the total front facade shall have the same front building line. The minimum variation of setback for the building line shall be four feet.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 50 feet from the centerline of the existing or proposed street or 25 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 25 feet from the centerline of the existing or proposed street or ten feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 25 feet from the centerline of the existing or proposed street or ten feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 25 feet from the centerline of the existing or proposed street or ten feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings, provided; however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(3)

Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land located within the agricultural district. In addition, on any non-farm parcel, no shrub, plant or vegetation except grass shall be planted and no accessory structure or fence shall be located within ten feet of any land within the agricultural district. Similarly, no tree shall be planted on any non-farm parcel within 30 feet of any land within the agricultural district.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 506; Ord. No. 2001-1, § 506, 2-27-2001; Ord. No. 2004-2, §§ 25—27, 10-7-2004; Ord. No. 2005-8, § 4, 7-7-2005; Ord. No. 2010-4, § 6, 12-2-2010; Ord. No. 2017-5, § 506, 12-7-2017; Ord. No. 2024-3, § 2, 5-2-2024)

Sec. 52-119. - Multifamily Residential District (R-5).

(a)

Intended purpose. To encourage the continued residential growth and development of previously planned multifamily development, provided public water and sewerage facilities are available. Emphasis for growth and development is placed upon accessibility to transportation, community facilities and public utilities.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Single-family detached dwellings.

b.

Single-family semi-detached dwellings.

c.

Multifamily dwellings.

d.

Townhouses.

e.

Public parks.

f.

Municipal buildings, including fire houses and emergency services.

g.

Community utilities.

h.

Forestry.

i.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

j.

No-impact home-based business.

k.

Accessory alternative energy systems, subject to the provisions of section 52-148(d).

(2)

Conditional uses and structures.

a.

Private parks, subject to the provisions of section 52-286.

b.

Child day care centers, subject to the provisions of section 52-262.

(3)

Special exception uses and structures.

a.

Historical buildings, structure, and site, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Temporary uses, subject to the provisions of section 52-301.

c.

Short-term rental units in accordance with section 52-304.

(c)

Lot, yard and height requirements.

(1)

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Line Min. Lot Width at Setback Line Max. Lot Coverage Side Yard Width Rear Yard Depth
Single-family
detached dwelling
10,000 s.f. 50 ft. 75 ft. 50% 10 ft. 25 ft.
Single-family semi-detached dwelling 5,500 s.f.
per d.u.
20 ft.
per d.u.
40 ft.
per d.u.
60% 10 ft. 25 ft.
Townhouses 2,000 s.f.
per d.u.
20 ft. 22 ft. 60% 10 ft.
(end units)
25 ft.
Garden
apartments
3,000 s.f.
per du +
500 s.f. per each add. bedroom
75 ft. 100 ft. 40% 10 ft. 25 ft.
Municipal
buildings
1 acre 50 ft. 150 ft. 50% 25 ft. 25 ft.
Child day care center 20,000 s.f. 75 ft. 100 ft. 25% 25 ft. 50 ft.
All other permitted uses 2 acres 100 ft. 100 ft. 20% 12 ft. 50 ft.

 

(2)

Minimum lot depth: 125 feet.

(3)

Sewer and water. All uses requiring sewer and water service shall be connected to public sewer and water facilities.

(4)

Building height.

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(5)

General requirements.

a.

The gross density for garden apartments shall not exceed 12 dwelling units per acre.

b.

The gross density for townhouses shall not exceed six dwelling units per acre.

c.

No more than 60 percent of the total number of townhouse buildings shall contain more than four dwelling units and in no case shall any building contain more than six dwelling units.

d.

For each townhouse and garden apartment building, no more than 50 percent of the total front facade shall have the same front building line. The minimum variation of setback for the building line shall be four feet.

e.

All townhouse buildings shall be set back a minimum of 15 feet from any parking facility contained on commonly-held lands.

f.

All townhouse and garden apartment buildings shall be set back at least 25 feet from any perimeter lot line of the development site.

g.

For single-family semi-detached dwellings and townhouses, individual driveway entrances onto streets shall be contiguous where possible so that a maximum amount of area is available for on-street parking, between driveways. Driveways shall not enter directly onto arterial streets.

h.

Required recreational facilities for townhouse and garden apartment developments.

1.

All townhouse and garden apartment developments involving ten or more dwelling units shall provide sites for park, playground, open space or other recreational use in addition to any park and recreation requirements set forth in the Township subdivision and land development ordinance, chapter 42. A minimum of 0.028 acres of land shall be provided for recreational use for each dwelling unit within the development; provided however, that no recreational site shall be less than 12,000 square feet in size.

2.

The land established for recreational use must be of suitable size, dimensions, topography, access and general character for its design purpose and shall meet the recreational needs of the development, subject to the approval of the board of supervisors.

3.

The developer shall be responsible for development of all recreational facilities within a required recreational site. Unless the board of supervisors accepts dedication of such a recreational site, the site shall be owned by a private entity (such as a homeowner's association). Such entity shall be responsible for maintenance of the facilities, and a legally binding agreement between the entity and the Township shall be made providing for maintenance of all recreational sites and facilities. Said agreement shall also put forth provisions that will allow inspection by the Township of all recreational facilities at any reasonable time.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 100 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 80 feet from the centerline of the existing or proposed street or 55 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings, provided; however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(3)

Agricultural setback requirement. No dwelling unit shall be located within 50 feet of any land located within the agricultural district. In addition, on any non-farm parcel, no shrub, plant or vegetation except grass shall be planted and no accessory structure or fence shall be located within ten feet of any land within the agricultural district. Similarly, no tree shall be planted on any non-farm parcel within 30 feet of any land within the agricultural district.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 507; Ord. No. 2001-1, § 507, 2-27-2001; Ord. No. 2004-2, §§ 28—31, 10-7-2004; Ord. No. 2005-8, § 5, 7-7-2005; Ord. No. 2010-4, § 7, 12-2-2010; Ord. No. 2017-5, § 507, 12-7-2017; Ord. No. 2024-3, § 2, 5-2-2024)

Sec. 52-120. - General Commercial District (GC).

(a)

Intended purpose. To encourage a wide range of small scale freestanding commercial businesses and offices; provided, vehicular access is prohibited directly from major arterial and collector highways and is channeled to secondary highways by way of internal streets, marginal access streets and common access points, and provided, public water and sewerage facilities are available.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Automobile service stations.

b.

Medical and dental clinics and laboratories.

c.

Retail stores for the conducting of any retail business and having a gross floor area of under 20,000 square feet of gross floor area, including, but not limited to, the retailing of food, confectionery, hardware, bakery products, clothing, household appliances, flowers or house plants, provided however, that no alcoholic beverages shall be consumed on the premises by patrons unless such establishment providing alcoholic beverage consumption holds a valid license to serve alcoholic beverages from the state liquor control board or are specifically exempted therefrom, subject to the provisions of section 52-293.

d.

Personal service shops and professional offices.

e.

Banks and financial institutions.

f.

Restaurants, cafes, and other establishments serving food and/or beverages, provided however, that no alcoholic beverages shall be consumed on the premises by patrons unless such establishment providing alcoholic beverage consumption holds a valid license to serve alcoholic beverages from the state liquor control board or are specifically exempted therefrom, subject to the provisions of section 52-292.

g.

Bus station.

h.

Outdoor advertising business signs.

i.

Municipal buildings, including fire houses and emergency services.

j.

Churches or similar places of worship.

k.

Public and private schools.

l.

Public libraries.

m.

Motels.

n.

Sales offices and lots for the retail sales of automobiles, recreational vehicles, trucks, boats, farm equipment, manufactured homes and manufactured homes.

o.

Fraternal organizations.

p.

Community utilities.

q.

Forestry.

r.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

s.

Automotive body shop.

t.

Accessory alternative energy systems, subject to the provisions of section 52-148(d).

u.

Mini-warehousing, subject to the provisions of subsection 52-154(i).

(2)

Conditional uses and structures.

a.

Hospitals, subject to the provisions of section 52-273.

b.

Nursing or retirement care facilities, subject to the provisions of section 52-283.

c.

Campgrounds, subject to the provisions of section 52-259.

d.

Livestock holding barn and livestock brokerage business, subject to the provisions of section 52-275.

e.

Car wash, subject to the provisions of section 52-260.

f.

Retail stores in excess of 20,000 square feet and shopping centers for the conducting of any retail business, including, but not limited to, the retailing of food, confectionery, hardware, bakery products, clothing, household appliances, flowers or house plants in accordance with, and complying with the provisions of section 52-293; provided, however, that no alcoholic beverages shall be consumed on the premises by patrons unless such establishment providing alcoholic beverage consumption holds a valid license to serve alcoholic beverages from the state liquor control board or are specifically exempted therefrom, subject to the provisions of section 52-293.

(3)

Special exception uses and structures.

a.

Historical buildings, structures, and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Temporary uses, subject to the provisions of section 52-301.

(c)

Lot, yard and height requirements.

(1)

Minimum requirements are as follows.

a.

Minimum lot area: one acre.

b.

Minimum lot width at street line: 50 feet.

c.

Minimum lot width at setback line: 150 feet.

d.

Maximum lot coverage: 70 percent.

e.

Minimum landscape area: 30 percent.

f.

Minimum side yard: 25 feet.

g.

Minimum rear yard: 25 feet.

(2)

Minimum lot depth: 200 feet.

(3)

Sewer and water. All uses requiring sewer and water service shall be connected to public sewer and water facilities.

(4)

Building height.

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(5)

General requirements.

a.

To avoid additional points of vehicular access to and from PA Route 441, all lots fronting PA Route 441 shall be provided vehicular access from a marginal access street or some other type of local street that collects and directs all traffic from the lots to other existing streets that intersect with PA Route 441.

b.

Direct access to PA Route 441 is not permitted except for right turn in and right turn out driveways, provided a traffic impact study is completed that shows such access drives provide for a better and safer traffic flow condition than without such access drives.

c.

Where possible, internal circulation shall be provided between contiguous commercial lots.

d.

Where shared parking is provided between commercial lots, required greenbelt areas along the common lot lines of such lots may be eliminated.

e.

In a case where two or more commercial buildings compatibly abut each other by means of a common party wall or a lot line, no side yard shall be required between them, provided that a written agreement is made between the affected lot owners acknowledging that such side yard and the greenbelt are not required.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 100 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 80 feet from the centerline of the existing or proposed street or 55 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the avenge of the setback of the existing principal buildings, provided; however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 508; Ord. No. 2001-1, § 508, 2-27-2001; Ord. No. 2004-2, §§ 32, 33, 10-7-2004; Ord. No. 2010-4, § 8, 12-2-2010; Ord. No. 2017-5, § 508, 12-7-2017; Ord. No. 2022-2, § 1, 4-7-2022)

Sec. 52-121. - Planned Commercial District (PC).

(a)

Intended purpose. To provide locations for large-scale freestanding uses and integrated shopping centers where a limited number of access points are provided under controlled circumstances to the adjacent highway system, and provided public water and sewerage facilities are available.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Automobile service stations.

b.

Medical and dental clinics and laboratories.

c.

Retail stores for the conducting of any retail business and having a gross floor area of under 20,000 square feet of gross floor area, including, but not limited to, the retailing of food, confectionery, hardware, bakery products, clothing, household appliances, flowers or house plants, provided however, that no alcoholic beverages shall be consumed on the premises by patrons unless such establishment providing alcoholic beverage consumption holds a valid license to serve alcoholic beverages from the state liquor control board or are specifically exempted therefrom, subject to the provisions of section 52-293.

d.

Personal service shops and professional offices.

e.

Banks and financial institutions.

f.

Restaurants, cafes, and other establishments serving food and/or beverages, provided however, that no alcoholic beverages shall be consumed on the premises by patrons unless such establishment providing alcoholic beverage consumption holds a valid license to serve alcoholic beverages from the state liquor control board or are specifically exempted therefrom, subject to the provisions of section 52-292.

g.

Bus station.

h.

Outdoor advertising business signs.

i.

Municipal buildings, including fire houses and emergency services.

j.

Indoor amusements, provided however, that no alcoholic beverages shall be consumed on the premises by patrons unless said indoor amusement holds a valid license to serve alcoholic beverages from the Pennsylvania Liquor Control Board.

k.

Community utilities.

l.

Forestry. Customary accessory uses and structures incidental to permitted, conditional.

m.

Special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses."

n.

Inns (subject to the same requirements of section 52-293).

o.

Mini-warehouses, subject to the provisions of section 52-280.

p.

No-impact home occupations

q.

Accessory alternative energy systems, subject to the provisions of section 52-148(d).

(2)

Conditional uses and structures.

a.

Shopping center, provided however, that no alcoholic beverages shall be consumed by a patron of any establishment within said shopping center unless that establishment holds a valid license to serve alcoholic beverages from the Pennsylvania Liquor Control Board, or are specifically exempted therefrom, subject to the provisions of section 52-296.

b.

Adult entertainment establishment, subject to the provisions of section 52-250.

c.

Outdoor amusements (excluding country clubs, golf courses, and riding academies); provided, however, that no alcoholic beverages shall be consumed on the premises by patrons unless said outdoor amusement holds a valid license to serve alcoholic beverages from the Pennsylvania Liquor Control Board, or are specifically exempted therefrom., subject to the provisions of section 52-284.

d.

Hospitals, subject to the provisions of section 52-273.

e.

Nursing or retirement care facilities, subject to the provisions of section 52-283.

f.

Manufactured home parks, subject to the provisions of section 52-276.

g.

Beer distributor and liquor sales establishment, subject to the provisions of section 52-251.

h.

Adaptive reuse of historical resources, in accordance with section 52-124(o).

i.

Retail stores in excess of 20,000 square feet for the conducting of any retail business, including, but not limited to, the retailing of food, confectionery, hardware, bakery products, clothing, household appliances, flowers or house plants in accordance with, and complying with the provisions of section 52-293; provided however, that no alcoholic beverages shall be consumed on the premises by patrons unless such establishment providing alcoholic beverage consumption holds a valid license to serve alcoholic beverages from the state liquor control board or are specifically exempted therefrom, subject to the provisions of section 52-293.

(3)

Special exception uses and structures.

a.

Historical buildings, structures, and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Temporary uses, subject to the provisions of section 52-301.

(c)

Lot, yard and height requirements.

(1)

Minimum requirements are as follow:

a.

Minimum lot area: one acre.

b.

Minimum lot width at street line: 50 feet.

c.

Minimum lot width at setback line: 150 feet.

d.

Maximum lot coverage: 70 percent.

e.

Minimum landscape area: 30 percent.

f.

Minimum side yard: 25 feet.

g.

Minimum rear yard: 25 feet.

(2)

Minimum lot depth: 200 feet.

(3)

Sewer and water. All uses requiring sewer and water service shall be connected to public sewer and water facilities.

(4)

Building height.

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(5)

General requirements.

a.

All lots shall front and have any primary point of access onto an arterial or major collector street.

b.

No more than one vehicular access to an arterial street shall be permitted from each lot that existed on the effective date of the ordinance from which this chapter is derived.

c.

Where possible, internal circulation shall be provided between contiguous commercial lots.

d.

Where shared parking is provided between commercial lots, required greenbelt areas along the common lot lines of such lots may be eliminated.

e.

In a case where two or more commercial buildings compatibly abut each other by means of a common party wall or a lot line, no side yard shall be required between them, provided that a written agreement is made between the affected lot owners acknowledging that such side yard and the associated greenbelt are not required.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 100 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 80 feet from the centerline of the existing or proposed street or 55 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings, provided; however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 509; Ord. No. 2001-1, § 509, 2-27-2001; Ord. No. 2002-5, § 7, 10-10-2002; Ord. No. 2004-2, §§ 34, 35, 10-7-2004; Ord. No. 2010-4, § 9, 12-2-2010; Ord. No. 2017-5, § 509, 12-7-2017)

Sec. 52-122. - Industrial District (I).

(a)

Intended purpose. To provide and protect areas for a variety of industrial activity that will contribute to the well-being of the region by diversifying its economy and by providing valuable employment opportunities.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Any production, manufacturing, processing, researching, cleaning, testing repair, storage and distribution of materials, goods, foodstuffs and products not involving a retail activity on a lot that may include but shall not be limited to bakery goods, candy, cosmetics, dairy products, drugs, biologicals, pharmaceuticals, floor and ceiling coverings and related items, electronic devices, and food products; except for fish and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fat and oils.

b.

Gas (illuminating or heating) manufacturing, storage or distribution center.

c.

Warehouses, wholesale sales and/or storage.

d.

Trucking terminals.

e.

Railroad freight yards and siding.

f.

Railway or bus passenger stations and express offices.

g.

Administrative activities and offices.

h.

Community utilities.

i.

Forestry.

j.

Mini-warehouses.

k.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

l.

Accessory alternative energy systems, subject to the provisions of section 52-148(d).

(2)

Conditional uses and structures.

a.

Bulk storage of petroleum or petroleum products, subject to the provisions of section 52-257.

b.

Junkyards, subject to the provisions of section 52-274.

c.

Dwelling unit, subject to the provisions of section 52-267.

d.

Mineral extraction, subject to the provisions of section 52-279.

(3)

Special exception.

a.

Historical buildings, structures, and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Temporary uses, subject to the provisions of section 52-301.

c.

Wind energy systems as a principal use, subject to the provisions of section 52-303.

d.

Solar energy systems as a principal use, subject to the provisions of section 52-297.

(c)

Lot, yard and height requirements.

(1)

Minimum requirements are as follows:

a.

Minimum lot area: one acre.

b.

Minimum lot width at street line: 50 feet.

c.

Minimum lot width at setback line: 150 feet.

d.

Maximum lot coverage: 70 percent.

e.

Minimum landscape area: 30 percent.

f.

Minimum side yard: 25 feet.

g.

Minimum rear yard: 25 feet.

(2)

Minimum lot depth: 200 feet.

(3)

Sewer and water. All uses requiring sewer and water service shall be connected to public sewer and water facilities.

(4)

Building height.

a.

Principal building.

1.

The maximum building height shall be 55 feet.

2.

The maximum building height may, by conditional use approval, be increased to a maximum of 80 feet if the applicant demonstrates compliance with all of the following:

(i)

The minimum yard dimension along any lot line contiguous with a residential zoning district shall be increased by two feet for every foot of building height over 50 feet.

(ii)

The required front yard setback shall be increased by a minimum of 15 feet.

(iii)

All structures shall comply with the Township building code.

Editor's note— See also Chapter 5, Article 1, Uniform Construction Code.

(iv)

Building design and site layout shall include safeguards to provide adequate emergency access to the building and all portions of the lot.

(v)

The building complies with the regulations of the article XIII of this chapter.

b.

Accessory building: 25 feet.

(5)

General requirements.

a.

Where contiguous industrial lots front on an arterial or major collector street, internal circulation shall be provided between contiguous industrial lots and the number of points of access to and from the arterial and major collector streets shall be minimized.

b.

Where shared parking is provided between industrial lots, required greenbelt areas along the common lot lines of such lots may be eliminated.

c.

In a case where two or more industrial buildings compatibly abut each other by means of a common party wall or a lot line, no side yard shall be required between them, provided that a written agreement is made between the affected lot owners acknowledging that such side yard and the associated greenbelt are not required.

d.

No minimum side yards or rear yards shall be required along a railroad right-of-way.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 100 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 80 feet from the centerline of the existing or proposed street or 55 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing buildings, provided however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 510; Ord. No. 2001-1, § 510, 2-27-2001; Ord. No. 2004-2, § 36, 10-7-2004; Ord. No. 2005-9, §§ 1, 2, 12-1-2005; Ord. No. 2006-3, § 2, 12-7-2006; Ord. No. 2010-4, § 10, 12-2-2010; Ord. No. 2017-5, § 510, 12-7-2017)

Sec. 52-123. - Airport Commercial District (AC).

(a)

Intended purposes. To provide areas for expansion of existing airport facilities and for development of airport support facilities, or to provide for agricultural uses and structures similar to those permitted by right within the agricultural district.

(b)

Uses and structures.

(1)

Permitted uses and structures.

a.

Structures and uses customarily associated with airport activities, including, but not limited to, hangers and other buildings and structures for the storage and maintenance of aircraft, restaurants, cafes and other establishments serving food and/or beverages, provided however, that no alcoholic beverages shall be consumed on the premises by patrons unless such establishment providing alcoholic beverage consumption holds a valid license to serve alcoholic beverages from the state liquor control board or are specifically exempted therefrom.

b.

The tilling of the soil; the raising of crops; fruits and vegetables.

c.

Nurseries, horticultural activities and forestry.

d.

The storage and packing of crops, fruits and vegetables produced on the premises.

e.

The hatching, raising, slaughtering, dressing and marketing on a commercial scale, chickens, turkeys or other fowl or poultry, hatched or raised on the premises.

f.

The raising, grazing and slaughtering of horses, cattle, hogs, sheep or goats, including the supplementary feeding of such animals, provided that such raising, grazing and slaughtering is not a part of, nor conducted in conjunction with a livestock slaughter house or animal byproducts business.

g.

The keeping and raising, of hogs, provided that there shall be no feeding of any market or house refuse, garbage or offal, other than that produced on the premises.

h.

Milk processing and jugging operations for the retail sale of milk produced on the premises; however, 80 percent of the sales must be milk derived products.

i.

Structures such as barns, silos, corncribs, poultry houses, pigsties, stables, kennels, implement sheds and similar structures necessary for the proper operation of the agricultural activity.

j.

Dwelling units.

k.

Community utilities.

l.

Customary accessory uses and structures incidental to permitted, conditional and special exception uses and structures listed within this district, including the keeping of domestic pets, the keeping of fowl in accordance with section 52-148(b) and livestock in accordance with section 52-148(c), when customarily incidental to existing residential uses.

m.

Accessory alternative energy uses, subject to the provisions of section 52-148(d).

(2)

Conditional uses and structures.

a.

Municipal buildings, including fire houses and emergency services, subject to the provisions of section 52-281.

(3)

Special exception uses and structures.

a.

Historical buildings, structures, and sites, other than those defined as historic resources, subject to the provisions of section 52-271.

b.

Home occupations, subject to the provisions of section 52-272.

c.

Farm occupations, subject to the provisions of section 52-269.

d.

Temporary uses, subject to the provisions of section 52-301.

(c)

Lot, yard and height requirements.

(1)

Number of uses and lots permitted:

a.

For every 25 acres of an existing contiguous lot or fraction thereof under single ownership as of January 8, 1975, there may be one use permitted in addition to the existing uses on said existing lot, or one new lot subdivided from said existing lot provided the remaining portion of the existing lot is in conformance with all lot, yard and height requirements of the zoning district, subject to subsection (c)(1)c of this section.

b.

On an existing lot under single ownership that has a lot area of two acres or more, but is less than 25 acres in lot area as of January 8, 1975, there may be only one use permitted in addition to the existing uses on said existing lot, or one new lot subdivided from said existing lot; provided, the remaining portion of the existing lot is in conformance with all lot, yard and height requirements of the zoning district, subject to subsection (c)(1)c of this section.

c.

An additional two permitted uses or lots shall be permitted in addition to the number of uses or lots permitted by subsections (c)(1)a and b of this section, where said permitted uses or lots are developed totally on non-tillable land, provided:

1.

Said uses and lots meet all other requirements of this chapter.

2.

The application for development shall show the areal extent of non-tillable land. Where the application indicates the areal extent of non-tillable land as being different from that designated by the soil conservation service, the applicant shall be required to submit a field survey of the area in question. Said field survey shall be sealed by a professional qualified to perform such a survey and shall have adequate detail to justify the area being designated as non-tillable land.

d.

At the time new lots are being subdivided in accordance with the provisions of this section, the landowner of the existing contiguous lot under single ownership shall designate on the subdivision plan to be recorded for such new lots whether any rights to further subdivide the existing contiguous lot are to be transferred to any of the new lots created by the subdivision plan. If such a designation is not made on the subdivision plan to be recorded, then all rights to further subdivide the original existing contiguous lot shall go to the largest lot remaining from said original existing contiguous lot after the subdivision plan has been recorded. If two or more lots are of equal size and are the largest lots remaining from the original existing contiguous lot after the subdivision plan has been recorded, then the rights to further subdivide shall be distributed equally among such equally large lots provided that the number of lots permitted to be subdivided is not exceeded.

e.

The maximum lot area of any residential lot subdivided from a tract of land shall be two acres; provided however, this maximum lot area may be increased as deemed necessary by the Township to accommodate required on lot disposal systems (OLDS) as stipulated by the state department of environmental protection.

(2)

Minimum requirements are as follows:

Lot Requirements Yard Requirements
Min. Lot Area Min. Lot Width at Street Line Min. Lot Width at Setback Line Max. Lot Coverage Side Yard Width Rear Yard Depth
Dwelling units 33,000 sf 50 ft 100 ft 20% 12 ft 25 ft
Municipal buildings 1 ac 50 ft 150 ft 50% 25 ft 25 ft
Airports 5 acs 100 ft 100 ft 50% 12 ft 50 ft
All other
permitted uses
2 acs 100 ft 100 ft 20% 12 ft 50 ft

 

(3)

Building height.

a.

Principal building: 40 feet.

b.

Accessory building: 30 feet.

(d)

Setback regulations.

(1)

Front yard. Front yard setback distances are determined by the street classification on which the lot abuts.

a.

Arterial streets: 100 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

PA Route 441: 150 feet from the centerline of the existing or proposed street or 75 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

b.

Major collector: 80 feet from the centerline of the existing or proposed street or 55 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

c.

Minor collector: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

d.

Local access: 60 feet from the centerline of the existing or proposed street or 35 feet from the edge of the existing or proposed right-of-way, whichever is the greater.

(2)

A principal building may be permitted closer to the street than required above except for when there are existing principal buildings on the same side of the street and within 50 feet of the principal building to be erected. The principal building setback from the street shall be not less than the average of the setback of the existing principal buildings; provided, however, this formula shall not require the placing of a building more than ten feet back of the front main wall of the existing adjacent principal buildings.

(e)

Standards.

(1)

Off-street parking regulations as contained in article VII of this chapter.

(2)

Sign regulations as contained in article VIII of this chapter.

(3)

Performance regulations as contained in section 52-154.

(Code 1993, ch. 27, § 511; Ord. No. 2001-1, § 511, 2-27-2001; Ord. No. 2004-2, § 37, 10-7-2004; Ord. No. 2017-5, § 511, 12-7-2017; Ord. No. 2021-2, § 1, 6-3-2021)

Sec. 52-124. - Historic Preservation Overlay District (HS).

(a)

Intended purpose. The purposes of this district are to:

(1)

Protect valuable historic resources from degradation or destruction in order to preserve the cultural roots of the Township;

(2)

Promote retention of the character of the Township through recognition and protection of historic resources;

(3)

Establish a clear process by which proposed changes affecting historic resources are reviewed;

(4)

Mitigate the negative effects of proposed changes affecting historic resources;

(5)

Encourage the preservation and continued use of historic resources and to facilitate their appropriate reuse;

(6)

Discourage the demolition of historic resources;

(7)

Permit additional classifications within any zoning district for the regulation of uses and structures, at, along or near places having unique historical, architectural or patriotic interest or value.

(b)

General provisions.

(1)

Identification. All historic resources identified in the Township shall be categorized. An official historic resources list of all historic resources identified shall be prepared and all resources on the historic resources list shall be shown on the official historic resource map. The historic resource map shall be filed in the Township office and shall be maintained by the Township manager/secretary.

(2)

Compliance. Change to any historic resource on the historic resources list and map shall occur only when in compliance with this chapter.

(3)

Historic resource map. The historic resource map shall be an overlay on any zoning district now or hereafter enacted to regulate the use of land in the Township.

a.

Applicability. For any historic resource on the historic resources list and map, the provisions of this section shall apply, in addition to those of the underlying zoning district, and shall supersede the otherwise applicable requirements of the underlying zoning district to the extent those provisions are inconsistent with the provisions of this section.

b.

Revision. Should the historic resources list and map be revised as a result of legislative action or judicial decision, the zoning requirements and other regulatory measures applicable to the historic resource in question shall be those of the underlying zoning district without consideration of this section.

(4)

Preservation of other restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

(5)

Conflicting provisions in historic overlay districts. For any historic property in the historic overlay district, the provisions of this section shall supersede conflicting provisions of the underlying zoning district or other zoning or subdivision and land development regulations which are applicable to the historic property. If this text amendment is silent on certain aspects which are addressed in the foregoing underlying ordinances, the provisions in the underlying ordinances apply.

(c)

Historic resources list and map.

(1)

The official historic resources list shall identify historic resources by tax parcel number. The street address, owner's name, historic resource, type of resource and category of each resource shall also be included in the historic resources list.

(2)

There shall be three classifications of historic resources in the Township as follows:

a.

Class I.

1.

Historic resources listed in or determined eligible for listing in the National Register of Historic Places.

2.

Historic resources listed as a contributing resource in a National Register historic district.

b.

Class II. Class II historic resources listed on, or determined by the Historic Preservation Trust of Lancaster County to be eligible to be listed on the Lancaster County Historic Files Register.

c.

Class III. All other identified historic resources.

(3)

Revisions. The historic resources list and map may be revised from time to time by legislative action of the Township board of supervisors following a public hearing at which time the proposed changes shall be presented.

a.

Proposed revisions to the historic resources list and map shall be submitted by the planning commission to the Township board of supervisors in writing. Revisions are defined as additions, deletions or changes of classification. Revisions do not include routine list maintenance to update ownership.

b.

The owner of any historic resource which is the subject of any such proposed legislative action shall be given written notice of the recommendation of the planning commission to the Township board of supervisors at least ten days prior to the public hearing.

(d)

Duties of the planning commission. The planning commission shall be a resource on historic preservation issues for the zoning officer in the administration of this section and shall perform all duties assigned to it in the provisions of this section.

(1)

The planning commission shall survey and study areas of the Township as directed by the Township board of supervisors and shall from time to time obtain suggestions from the public by available means, including, but not limited to, public meetings or public hearings, requests for written suggestions, oral surveys and written surveys.

(2)

The planning commission shall undertake research, inspection and investigation of potentially historic sites, building, structures, or objects.

(3)

The planning commission shall cause drawings, photographs, descriptions or other appropriate documentation to be made concerning all identified historic resources.

(4)

The planning commission shall maintain a list of all potential historical resources. The list shall contain a brief description of this historic resource and shall list the reasons why it should or should not be included on the historic resources list and map.

(5)

The planning commission shall inform the owner, occupants and adjacent landowner of any potential historic resource being considered by the planning commission for inclusion on the historic resources list and map.

(6)

The planning commission shall inform the Township board of supervisors, the State authorities dealing with historical areas and historic landmarks and Federal authorities dealing with such matters in the area. The planning commission shall take all steps necessary to gain state and federal recognition for potential historic resources.

(7)

The planning commission shall determine whether an identified historic resource is to be designated as a Class I, Class II or Class III historic resource.

(e)

Demolition of Class I and Class II historic resources. All applications for demolition shall be reviewed against the historic resources list and map. No Class I or Class II historic resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant interior or exterior architectural features, unless a permit is obtained from the zoning officer in accordance with the following requirements:

(1)

Application requirements. One copy of a properly completed application for demolition shall be forwarded to the zoning officer along with:

a.

Name, address and phone number of owner of record.

b.

Classification of historic resource.

c.

Recent interior and exterior photographs of the resource proposed for demolition.

d.

A site plan showing all buildings and natural features on the lot.

e.

An explanation of the reasons for demolition.

f.

Method of demolition.

g.

Proposed use for the lot.

h.

Proposed disposition of materials.

i.

Timeline for implementation of proposed use for the lot.

(2)

Review by the planning commission. The zoning officer shall notify the planning commission of the application for demolition within five days of acceptance of a properly completed application, including the necessary filing fee. Within 30 days of receipt of a complete application, at its next regular meeting or at a special advertised meeting, the planning commission shall review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the planning commission shall take into account:

a.

The effect of demolition on the historical significance and architectural integrity of neighboring historic resources and on the historic character of the neighborhood, district or vicinity in which the historic resource is located.

b.

The economic feasibility of continuing the existing use or of adaptively reusing the historic resource proposed for demolition.

c.

Alternatives to demolition of the historic resource.

(3)

Recommendation of the planning commission.

a.

The planning commission may recommend immediate approval of the permit and may so advise both the zoning officer and the Township board of supervisors.

b.

Alternatively, the planning commission may elect to use the following time periods to provide adequate opportunity for documentation of the historic resource, to provide time for the applicant to prepare a financial analysis, or to discuss alternatives to demolition with the applicant.

1.

Class I historic resources: a period not to exceed 90 days.

2.

Class II historic resources: a period not to exceed 60 days.

(4)

Documentation. The applicant may be required to provide documentation of the historic resource proposed for demolition. Such documentation may include:

a.

Photographs.

b.

Floor plans.

c.

Measured drawings.

d.

Archaeological survey.

e.

Expert testimony, such as, but not limited to, a certified engineering report on the structural stability of the historic resource indicating threats to public safety.

f.

Evaluations and studies on alternative uses for the historic resource.

(5)

Financial analysis. The applicant may be required to prepare a financial analysis which may include any or all of the following:

a.

Amount paid for the property, date of purchase and party from whom purchased.

b.

Assessed value of the land and improvements thereon according to the most recent assessment.

c.

For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.

d.

Any consideration by the owner as to profitable, adaptive uses for the historic resource.

(6)

Recommended denial of demolition. Prior to the expiration of the designated review period, the planning commission may recommend denial of the application. In such cases, the planning commission shall make a written report to the Township board of supervisors setting, forth reasons for its recommendation and the evidence considered. If the Class I or Class II historic resource is structurally sound, as determined by a professional structural engineer, and a use can be found that offers a reasonable rate of return, the recommendation of the planning commission shall be against demolition.

(7)

Final decision on demolition. Within 45 days of receipt of the planning commission report, the Township board of supervisors shall consider the planning commission's recommendation. The owner of the historic resource proposed for demolition shall be given ten days' notice of the Township board of supervisors meeting. The Township board of supervisors will consider the planning commission's report, as well as any evidence, reports or testimony from interested parties and will render a decision to either deny or approve the application for demolition within ten days of the meeting. This period may be extended, and its length established, by mutual consent.

(8)

Costs. Any costs incurred by the Township to review plans or studies submitted by the Township's consultants specifically retained for this purpose, shall be reimbursed to the Township by the applicant.

(9)

Demolition by neglect. When a Class I or Class II historic resource is left open to vandalism or is improperly maintained so as to make it vulnerable to excessive decay or ruin, it shall be considered demolition by neglect and the following shall apply:

a.

Unoccupied buildings or structures shall be properly sealed, fenced off, and the utilities turned off for safety, at the owner's expense, in accordance with the provisions of National Park Service Preservation Brief #31. (See appendix B.)

b.

The structural integrity of both occupied and unoccupied Class I and Class II historic resources shall be achieved through proper maintenance of all structural, architectural and other critical elements to ensure against damage by the elements, including, but not limited to, maintenance of the roof, chimneys; cornice; soffit; fascia; spouting; and window and door openings, including sills, headers, lintels and jambs.

c.

The interior and exterior of the building shall be inspected no less than annually by the zoning officer, a member of the planning commission and the property owner or his agent to determine maintenance requirements.

(10)

Enforcement.

a.

Violations and penalties. Any person who demolishes a historic resource in violation of the provisions contained herein shall be in violation of this chapter and shall be subject to the provisions of section 52-349.

b.

The zoning officer shall withhold issuing a zoning permit for a property that, at the date of enactment of this section, was occupied by a Class I or Class II historic resource that was subsequently demolished in violation of this section, until the appropriate review is completed.

(f)

Demolition of Class III historic resources. All applications for demolition shall be reviewed against the historic resources list and map. No Class III historic resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant interior or exterior architectural features, unless a permit is obtained from the zoning officer in accordance with the following requirements:

(1)

Application requirements. One copy of a properly completed application for demolition shall be forwarded to the zoning officer along with:

a.

Name, address and phone number of owner of record.

b.

Classification of historic resource.

c.

Recent interior and exterior photographs of the resource proposed for demolition.

d.

A simple sketch plan showing all buildings and natural features on the lot.

e.

A explanation of the reasons for demolition.

f.

Method of demolition.

g.

Proposed use for the lot.

h.

Proposed disposition of materials.

i.

Timeline for implementation of proposed use for the lot.

(2)

Review by the planning commission. The zoning officer shall notify the planning commission of the application for demolition within five days of acceptance of a properly completed application, including the necessary filing fee. Within 30 days of receipt of a complete application, at is next regular meeting or at a special advertised meeting, the planning commission shall review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the planning commission shall take into account:

a.

The effect of demolition on the historical significance and architectural integrity of neighboring historic resources and on the historic character of the neighborhood, district or vicinity in which the historic resource is located.

b.

The economic feasibility of continuing the existing use or of adaptively reusing the historic resource proposed for demolition.

c.

Alternatives to demolition of the historic resource.

(3)

Recommendation of the planning commission.

a.

The planning commission may recommend immediate approval of the permit and may so advise both the zoning officer and the Township board of supervisors.

b.

Alternatively, the planning commission may elect to review the application for a period of up to 45 days in order to provide adequate opportunity to discuss alternatives to demolition with the applicant.

c.

Prior to the expiration of the 45-day review period, the planning commission may recommend approval or denial of the demolition permit in writing to the Township board of supervisors setting forth reasons for its recommendation and the evidence considered.

(4)

Final decision on demolition. Within 45 days of receipt of the planning commission report, the Township board of supervisors shall consider the planning commission's recommendation. The owner of the historic resource proposed for demolition shall be given ten days' notice of the Township board of supervisors meeting. The Township board of supervisors will consider the planning commission's report, as well as any evidence, reports or testimony from interested parties and will render a decision to either deny or approve the application for demolition within ten days of the meeting. This period may be extended, and its length established, by mutual consent.

(5)

Enforcement; violations and penalties. Any person who demolishes a historic resource in violation of the provisions contained herein shall be in violation of this chapter and shall be subject to the provisions of section 52-327.

(g)

Modification to lot, yard and height requirements. The lot, yard and height requirements related to the zoning district in which the historic resource is located shall apply, except that the Township board of supervisors, through the granting of a conditional use, may approve requested modifications to the applicable lot, yard or height requirements for plans affecting historic resources, provided, the following additional criteria are met:

(1)

The approval of the conditional use is deemed by the Township board of supervisors to be necessary to the preservation of the historic resource.

(2)

The approval of the conditional use will be deemed by the Township board of supervisors to have no adverse effect on adjoining lots.

(3)

Any plans for the rehabilitation, alteration or replacement of a historic resource proposed to be a part of the conditional use application must be in substantial compliance with the design standards and guidelines of the Township.

(4)

The planning commission shall review all requests for conditional use approval and evaluate whether requested modifications are necessary for the preservation of the historic resource. The planning commission shall review any construction plans for their compliance with the standards. Recommendations shall be transmitted in a written report to the Township board of supervisors prior to the rendering of a decision by the Township board of supervisors.

(h)

Effect of subdivision and land developments on historic resources. Where a Class I or Class II historic resource exists on a site that is to be subdivided or developed, there shall be retained with the historic structure a lot with area of sufficient size to preserve those portions and features of the historic resource which are significant to its historical, architectural and cultural values.

(i)

Historic resource impact study.

(1)

Applicability. A historic resource impact study may be required at the discretion of the Township board of supervisors when any of the following are proposed:

a.

When a developer or landowner files an application for approval of a subdivision or land development plan for land within 300 feet of the exterior walls of any Class I or Class II historic resource or on a lot which historic resources are located.

b.

General bridge or highway construction or substantial repair passing within 300 feet of the exterior walls of any Class I or Class II historic resource.

c.

Subdivision or land development plans which propose adaptive reuse or demolition of a historic resource.

d.

Subdivision or land development plans are proposed which may impact primary archaeological sensitive areas, especially prehistoric sites, in which case an archaeological impact study shall be submitted and, if archaeological resources potential exists, a Phase I Archaeological Study shall be conducted.

(2)

The objective of the impact statement on historic resources is to provide the Township with enough information and data to evaluate the impact of the proposed subdivision or land development on historic resources in the Township and encourage the preservation of those resources to the maximum extent possible.

(3)

The impact statement on historic resources may be required to contain one or more of the following:

a.

General site description, including topography, watercourses, vegetation, landscaping, existing drives and other structures.

b.

General description and classification of all historic resources located on the lot to be developed and on lots immediately adjacent to the subject lot or within 300 feet of the subject lot.

c.

Narrative description of the historical development of the subject lot and statement of the historic and architectural significance of each historic resource.

d.

Physical description of all historic resources identified.

e.

Sufficient number of black and white or color photographs (four-inch by six-inch) to show all elevations of every historic resource identified and the resource in its setting.

f.

Black and white photographs (four-inch by six-inch) illustrating the architectural features of each historic resource as well as site features.

g.

A description of the impact of the proposed development on each identified historic resource with special emphasis on the impact to architectural integrity, historic setting and future use.

h.

A description of those measures to be undertaken by the developer to minimize the negative impact on the historic resources, including design alternatives, buffering or landscaping.

i.

Any easements, deed restrictions, rights-of-way or any other encumbrances upon the land, including location, size and ownership.

j.

Site features or conditions such as hazardous sites, dumps, underground tanks, active and abandoned wells, quarries, landfills and artificial land conditions.

(4)

The planning commission will review the historic resources impact study, then submit it along with written recommendations to the Township board of supervisors before the Township board of supervisors makes a decision regarding the development plan.

(j)

Review of proposed rehabilitation, additions and alterations. The following shall apply to historic resources as listed on the historic resources list and map:

(1)

No permit for the rehabilitation, enlargement or structural alteration of a historic resource shall be issued by the zoning officer prior to review and comment on the application by the planning commission.

(2)

The zoning officer shall provide the planning commission with a copy of the application, together with any plans or diagrams required, within five days of receipt of a complete application.

(3)

The planning commission shall, within 45 days of receipt of a complete application from the zoning officer, review the application, and prepare a written report to the zoning officer, with a copy to be sent to the applicant. The report shall make suggestions as to what specific changes are required to comply with Township design standards and guidelines.

(4)

Upon receiving a report of recommended approval from the planning commission, and providing the plans satisfy all other requirements of the Township, the zoning officer shall issue the permit.

(5)

If the planning commission report indicates the plans are not in substantial compliance with the Township design standards and guidelines, the zoning officer shall not issue the permit until the plans have been revised by the applicant in accordance with the planning commission recommendation.

(6)

The permit application should include the following information:

a.

A site plan and sketch of the proposed renovation in context.

b.

Schematic architectural drawings of the proposed construction or alterations.

c.

Materials list and disposition of existing materials.

(7)

The zoning officer may issue permits upon receipt of the application for rehabilitation of historic resources without planning commission concurrence for the following:

a.

In-kind replacements or replicative materials.

b.

Replacement of standard slate roofing with black or slate gray, tri-tab asphalt shingles where no stylistic pattern exists.

c.

Applications that are in compliance with the Township design standards and guidelines.

(k)

Design standards and guidelines for Class I historic resources. Plans for the rehabilitation, enlargement or structural alteration of Class I historic resources shall be reviewed by the planning commission for substantial compliance with local design guidelines or, in lieu of local design guidelines, the Secretary of the Interior's standards for rehabilitation as included below:

(1)

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(2)

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(3)

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(4)

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(5)

Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

(6)

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary physical or pictorial evidence.

(7)

Chemical or physical treatments, such as sandblasting, that can cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(8)

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(9)

New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.

(10)

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(l)

Design standards and guidelines for Class II historic resources. Plans for the rehabilitation, enlargement or structural alteration of Class II historic resources shall be reviewed by the planning, commission for substantial compliance with local design guidelines or, in lieu of local design guidelines, the standards listed below:

(1)

A property should be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(2)

The historic character of a property should be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided.

(3)

Each property should be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, should not be undertaken.

(4)

Most properties change over time; those changes that have acquired historic significance in their own right should be retained and preserved.

(5)

Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property should be preserved.

(6)

Deteriorated historic features should be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features should be substantiated by documentary physical or pictorial evidence.

(7)

Chemical or physical treatments, such as sandblasting, that can cause damage to historic materials should not be used. The surface cleaning of structures, if appropriate, should be undertaken using the gentlest means possible.

(8)

Significant archaeological resources affected by a project should be protected and preserved. If such resources must be disturbed, mitigation measures should be undertaken.

(9)

New additions, exterior alterations or related new construction should not destroy historic materials that characterize the property. The new work should be differentiated from the old and should be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.

(10)

New additions and adjacent or related new construction should be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(m)

Design standards and guidelines for Class III historic resources. Plans for the rehabilitation, enlargement or structural alteration of Class III historic resources shall be reviewed by the planning commission for substantial compliance with local design guidelines or, in lieu of local design guidelines, the standards listed below:

(1)

Minimize the removal or alteration of historic materials.

(2)

Repair deteriorated historical features, unless the severity of the deterioration requires replacement, in which case, the new feature should match the old to the greatest extent possible.

(n)

Landscaping and buffering of historic resources.

(1)

Landscaping. When a Class I historic resource is located within a lot proposed for subdivision or land development, a landscape plan for the grounds surrounding the Class I historic resource shall be required.

a.

The plan shall be sealed by a qualified professional licensed to practice landscape architecture within the state.

b.

The plan shall show all pertinent information, including the location, size and species of all individual trees and shrubs to be removed, relocated, planted or preserved.

c.

Through screening, buffering and selection of plant material, the plan should strive to minimize the impact of the proposed development on the Class I historic resource and protect its integrity of setting any significant vegetation.

d.

The plan shall be reviewed by the planning commission and submitted with the written recommendations to the Township board of supervisors prior to any decision by the Township board of supervisors on the subdivision or land development plan.

(2)

Buffering. When any major subdivision or land development, or any nonresidential use is proposed on a lot, any boundary of which is within 100 feet of an exterior wall of a Class I historic resource, the applicant shall be required to submit a buffering plan.

a.

The plan must depict how the Class I historic resource will be buffered against the deleterious impacts of the proposed development. Buffering may include, but need not be limited to, vegetative screening and fencing.

b.

The appropriateness and effectiveness of the proposed buffering shall be reviewed by the planning commission and the plan and a written report shall be submitted by the planning commission to the Township board of supervisors prior to any decision by the Township board of supervisors on the subdivision, land development, or nonresidential use proposal.

(o)

Adaptive reuse.

(1)

Authorization for adaptive reuse. Within all districts, an historic resource identified on the historic resource map pursuant to subsection (c) of this section may, by conditional use approval pursuant to section 52-354, be put to an adaptive reuse if all requirements of this section are met.

(2)

Conditional uses. Any historic resource which shall be put to an adaptive reuse shall contain a combination of residential and nonresidential uses. Conditional uses shall include the following.

a.

Child day care center, subject to the provisions of section 52-262.

b.

Multifamily dwellings.

c.

Banks and financial institutions, subject to the provisions of section 52-254.

d.

Commercial recreational facilities.

e.

Public and private schools subject to the provisions of section 52-287.

f.

Bed and breakfasts subject to the provisions of section 52-255.

g.

Personal service shops and professional offices subject to the provisions of section 52-285.

h.

Restaurants and banquet facilities, excluding drive-in/drive through restaurants, provided that the physical location of such facility shall be at least 100 feet from adjacent residential properties, unless outdoor dining is offered, in which case the facility shall be 200 feet from adjacent residential properties, subject to the provisions of section 52-292.

i.

Retail sales and retail services, provided that such retail uses shall be compatible with other permitted uses and shall not include convenience stores, supermarkets, motor vehicle stations or garages, motor vehicle sales areas or buildings, body art establishments or adult establishments, and further provided that no single such establishment shall exceed 3,000 square feet in gross floor area, subject to the provisions of section 52-293.

j.

Spas and personal service shops, including manicures, pedicures, facials, sauna, massage by licensed massage therapist, waxing, gel polish, acrylic nail application, test and/or galvanic current with facials, microdermabrasion, the following hair treatments: color, cut and style, wash, conditioning, extensions and texturing, make-up, aromatherapy and related retail products.

k.

Uses customarily accessory and identical to any permitted use.

l.

Short-term rental units in accordance with section 52-304.

(3)

Minimum standards for allowance of adaptive reuse.

a.

Sewer and water. Either public or private sewer and water service are deemed acceptable.

b.

Access. The tract containing the historic resource must abut and have access to a public roadway.

c.

Minimum lot area, width and depth. Minimum lot area of two acres and subject to the required minimum yard dimensions, minimum open area, minimum off-street parking requirements and other applicable standards contained within this section.

d.

Minimum yard dimensions for an historic resource which will be subdivided and located on a separate lot or for the historic resource which will be part of a land development with other principal buildings on the same lot:

1.

Front yard: 25 feet.

2.

Side yard, each side: 25 feet, provided that if the lot is adjacent to a residential district, the side yard shall be 75 feet along the side contiguous with the residential district.

3.

Rear yard: 25 feet, provided that if the lot is adjacent to a residential district, the rear yard shall be 75 feet along the side contiguous with the residential district.

4.

Perimeter buffer: ten feet.

e.

Screening and landscaping. At a minimum, all screening and landscaping shall be provided in accordance with section 42-129(a)(2), section 52-153 and this section.

f.

Minimum open area: 30 percent.

g.

Off-street parking. Off-street parking shall be provided in accordance with article VII of this chapter, provided however, that pursuant to section 52-187(g), the board of supervisors may authorize a reduction in the number and size of parking spaces where the applicant can justify the reduction and still provide adequate parking facilities and further may authorize a reduction in the minimum driveway width for one-way driveways as set forth in section 52-187(b) for driveways providing access to loading and unloading spaces of 12 feet wide.

(4)

Application procedure. An applicant who desires conditional use approval for an adaptive reuse shall submit an application which shall include all of the following:

a.

A conceptual site plan for the entire lot on which the historic building is located, which shall include all of the following information:

1.

Lot boundaries and adjacent landowners. If the historic building will be located on a lot which will be subdivided from a larger lot, the site plan must show the boundaries of the existing lot and the proposed lot. If the historic building is located on a lot containing other principal structures and will not be subdivided into a separate lot, the site plan must show how the historic building will meet all setbacks from other principal structures identified in subsection (o)(4) of this section.

2.

A location map for the adaptive reuse.

3.

North point, scale and date.

4.

Streets on and adjacent to the tract.

5.

Significant topographical and physical features.

6.

Size and location of existing structures.

7.

Identification of proposed demolition of existing structures.

8.

Identification of generalized land uses.

9.

Potential lot configuration.

10.

Proposed landscaping, screening and buffering.

11.

Proposed interior street or access drive layout and parking lot configuration.

12.

Proposed interior circulation plan for vehicular and pedestrian traffic.

13.

Any proposed elevation changes.

14.

Demonstration of adequate sewer facilities.

15.

Demonstration of potable water supply.

b.

A traffic study prepared by a qualified traffic engineer meeting the requirements of section 42-123(a)(10) of this Code.

c.

Evidence that the conditional use application has been submitted to the Historic Preservation Trust of Lancaster County for review and comment.

d.

Narrative identifying all of the proposed uses for the historic building, including the area to be devoted to each use.

e.

A floor plan of the historic building indicating the portions of the historic building that will be devoted to residential use, including floor area, and the portions that will be devoted to nonresidential uses, including floor area of each nonresidential use and the total floor area for all nonresidential uses.

f.

Identification of how the adaptive reuse will contribute to the preservation of the historic building.

g.

Required application fee.

(5)

Consideration of application for conditional use approval. The applicant shall demonstrate that the adaptive reuse proposal meets all of the applicable requirements of this subsection (o). The applicant shall also demonstrate and assure that the adaptive reuse is in substantial compliance with applicable requirements of the Secretary of the Interior's Standards for the Treatment of Historic Properties, with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, published by the United States Department of the Interior, National Park Service, either by providing documentation from the Secretary of the Interior evidencing such compliance or by establishing to the satisfaction of the board of supervisors compliance with the following standards:

a.

The adaptive reuse shall require minimal change to the defining characteristics of the historic building and its site and environment.

b.

To the extent possible, any alterations to the exterior features shall be limited but shall be permitted in order to enhance the functionality and reusability of the historic building. Any exterior alterations shall complement the existing architecture and functionality of the historic structure.

c.

The exterior features of the historic building may be altered to provide or change ingress and egress or to address fire safety or emergency services concerns only to the extent required to meet applicable laws or regulations.

d.

The historic character of the historic building shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be prohibited unless the applicant presents evidence that such removal is required to comply with applicable state or federal regulations.

e.

Each historic building shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

f.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

g.

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize an historic building shall be preserved.

h.

The adaptive reuse shall not require demolition or removal of any historic resource on the lot.

i.

When feasible, deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

j.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(6)

Effect of approval of site plan. The board of supervisors, in approving a conditional use application for an adaptive reuse, shall make compliance with the site plan, together with all accompanying documents and any revisions thereto required by the Supervisors, part of the approval. The applicant shall develop the adaptive reuse in the manner set forth on the site plan, all accompanying documents, and any required revisions thereto, unless a change to the site plan is authorized in accordance with subsection (o)(6)a. or b. of this section.

a.

An applicant may make minor revisions to the site plan as may be necessary to accommodate fully engineered stormwater management facilities, public sewer facilities, public water facilities, floodplains, and changes to street or driveway design as may be required by PennDOT as part of a highway occupancy permit. The board of supervisors during the subdivision and/or land development process shall determine whether the applicant's proposed changes to the approved site plan constitute minor revisions necessary to accommodate fully engineered stormwater management facilities, sewer facilities, water facilities, floodplains, and changes to street or driveway design as may be required by the PennDOT as part of a highway occupancy permit. In the event a subdivision and/or land development plan is not required for the adaptive reuse, the board of supervisors shall review the plan which is submitted with the application for a building permit to determine whether it is consistent with the conditional use approval.

b.

An applicant who desires to make a change to an approved site plan which the board of supervisors determines does not constitute a minor revision authorized by subsection (o)(6)a. of this section shall apply for and obtain an additional conditional use approval. The applicant shall demonstrate to the satisfaction of the board of supervisors during the additional conditional use approval process that such change will:

1.

Generally enhance the development plan or, in any case, not have an adverse impact on its physical, visual or spatial characteristics.

2.

Generally enhance the neighborhood or, in any case, not have an adverse impact on the neighborhood.

3.

Not result in any danger to the public health, safety or welfare by making access to the property by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violating the other purposes for which zoning ordinances are to be enacted under section 604 of the Municipalities Planning Code.

4.

Allow for equal or better results than the originally approved site plan and represent the minimum modification necessary.

(7)

Modification of standards. The board of supervisors may, by conditional use approval, permit the modification of the design standards set forth in this subsection (o) and incorporated by reference into this subsection (o) in order to encourage adaptive reuse and preservation of historic resources. An applicant desiring to obtain such conditional use approval shall, when making application for conditional use approval for an adaptive reuse, also make application for conditional use approval under this subsection (o). The board of supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the design standards for adaptive reuse shall be subject to the following requirements:

a.

Such modifications of any design standards shall better serve the intended purposes and goals of adaptive reuse as expressed in this section.

b.

Such modifications of design standards will not result in any adverse impact to adjoining properties or future inhabitants within the historic building.

c.

Such modifications will not result in an increase in residential or nonresidential densities permitted for the adaptive reuse.

d.

Such modifications will not result in a removal of architectural features which characterize the historic building of adversely impact the nature of the historic resource as a whole.

e.

The extent of any modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria in this subsection (o).

(Code 1993, ch. 27, § 513; Ord. No. 2001-1, § 513, 2-27-2001; Ord. No. 2016-1, §§ 2—5, 1-4-2016; Ord. No. 2017-5, § 513, 12-7-2017; Ord. No. 2024-3, § 2, 5-2-2024)