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East Donegal Township
City Zoning Code

ARTICLE VI

GENERAL REGULATIONS

Sec. 52-147.- Accessory buildings.

(a)

Except for a utility shed, an accessory building shall comply in all respects with the front yard requirements of this chapter for the principal building. Where a side yard or rear yard is not required for the principal building, an accessory building shall be located at least two feet from all side lot lines and at least ten feet from all rear lot lines. Within the Village Center District, garages in the rear yard of a lot shall be located at least two feet from the rear lot line and at least three feet from the side lot line. In all other instances, an accessory building shall be located at least ten feet from all side and rear lot lines.

(b)

A utility shed shall comply in all respects with the front yard requirements of this chapter for the principal building and shall be located at least three feet from all side and rear lot lines.

(c)

An accessory above-grade structure (i.e., deck or raised patio) shall comply in all respects with all yard requirements for a principal building, except that an accessory above-grade structure shall be permitted along the common property line between attached single-family semi-detached dwellings and attached townhouse dwellings.

(d)

An accessory building shall not occupy more than 25 percent of the rear yard required for a principal building.

(Code 1993, ch. 27, § 601; Ord. No. 2001-1, § 601, 2-27-2001; Ord. No. 2004-2, § 38, 10-7-2004)

Sec. 52-148. - Accessory uses.

(a)

Private, non-commercial swimming pools. Private, non-commercial swimming pools which are designed to contain a water depth of 24 inches or more shall be located between either the setback line or the building line of the principal building and the street right-of-way line, and shall not be located less than 15 feet from side or rear lot lines.

(b)

Residential keeping of fowl. The keeping of no more than six total pigeons, (except as may be preempted by the State Carrier Pigeon Law), chickens, ducks, geese and/or similar fowl, not including guinea fowl, shall be permitted by right under the following conditions:

(1)

Such use is permitted for single-family detached dwellings only;

(2)

Such use is for the pleasure of the residents of the property and no commercial activity, including retail sales involving such use is permitted;

(3)

Minimum lot area of 7,500 square feet;

(4)

Any associated accessory structure shall have a minimum setback of ten feet from any rear or side property line and further, no such structure is permitted within any front yard;

(5)

The keeping of such fowl shall be fully contained within the property;

(6)

No roosters or guinea fowl are permitted;

(7)

The keeping of such fowl are subject to any state department of agriculture rules and directives.

(c)

Keeping of livestock. The keeping of livestock is permitted by right under the following conditions:

(1)

Minimum lot area is two acres exclusive of any dwellings, drives and other impervious surfaces not associated with the keeping of such animals;

(2)

A maximum of one animal unit shall be permitted for each contiguous whole acre of the lot on which the livestock are to be located; multiple livestock shall be calculated as animal equivalency units with regard to numbers of animals permitted on a property per acre as follows: Cows, bulls and horses: 1,000 pounds; goats and sheep: 200 pounds; swine: 400 pounds; other livestock are permitted as provided in Supplement 5 Standard Animal Weights, PA Act 38/Nutrient Management Program/Technical Manual, pages 1—4.

(3)

No farm building in which livestock are kept shall be located within any front yard, nor closer than 50 feet to any side or rear lot line.

(4)

All grazing or pasture areas shall be fenced. Said fence shall be located a minimum of three feet from all lot lines.

(5)

The keeping of such fowl are subject to any state department of agriculture rules and directives

(d)

Accessory alternative energy systems. Accessory alternative energy systems shall be permitted by right in all zoning districts, subject to the following conditions:

(1)

Solar energy systems.

a.

In residential zoning districts and lots with residual uses as a principal use, only roof top photovoltaic systems may be installed.

b.

In zoning districts other than residential zoning districts, either roof top or ground mounted photovoltaic systems may be installed.

c.

Where ground mounted systems are permitted, all equipment shall be set back two feet for every one foot in height of panel height in addition to the prescribed setback for accessory structures in the identified zoning district. Adequate vegetative or solid screening shall be provided when ground mounted systems are installed adjacent to residential uses on adjacent properties.

Note: screening is not required if the installation is installed in excess of 500 feet to the nearest residential use or property line. No ground mounted systems shall be installed in a front yard.

d.

Roof top installed units may not exceed a height of 36 inches above the roof peak of that portion of the roof on which the roof top panels are located. On flat roofs, solar panels may be installed at an angle necessary for peak efficiency, provided that such is installed in a manner that minimizes any visual impact.

e.

Roof top and ground mounted photovoltaic systems are not permitted to be installed on identified historic resources.

f.

Glare from solar voltaic installations are to be minimized with the use of anodized or similar finishes.

(2)

Wind energy systems.

a.

Wind energy systems are permitted in any zoning district and only on lots greater than five acres in size.

b.

Only one windmill shall be permitted per lot.

c.

The maximum height of a windmill shall not exceed 80 feet.

d.

Windmills shall be located no closer to a property line that the total height of the windmill, including the blade tip at its most vertical position plus 25 feet and shall not be located within any front yard.

e.

The windmill blade shall not be closer to the ground at its lowest point than 15 feet.

(3)

Geothermal energy systems.

a.

Geothermal energy systems are permitted in any zoning district.

b.

Only closed-loop geothermal energy systems are permitted. Open-loop geothermal energy systems are prohibited.

c.

Only nontoxic, biodegradable circulating fluids shall be used.

d.

Geothermal energy systems shall not encroach into any utility, roadway or other recorded easement.

e.

Any associated above ground appurtenances shall comply with all accessory use setback requirements of a zoning district.

(4)

Outdoor wood-fired boilers.

a.

Wood-fired boilers are permitted in the conservation, agricultural, and low density zoning districts only.

b.

Wood-fired boilers shall be of the Phase Two type and shall incorporate a smoke stack with a minimum height of ten feet and such boilers shall bear the stamp of a nationally recognized listing, approving or testing agency and such unit shall be installed per it's manufacturers installation instructions.

c.

Wood-fired boilers shall only burn clean wood and/or wood pellets made from clean woods.

d.

Wood-fired boilers shall not burn treated wood, painted wood, furniture, garbage, tires, lawn clippings or yard waste, materials containing plastic or rubber, waste petroleum products, chemicals, any hazardous waste or recyclable materials, salt water driftwood, manure or animal carcasses or any other material that may result in harmful or noxious emissions or residue.

e.

Wood-fired boilers shall be set back a minimum of 150 feet from all property lines and shall not be located within any front yard.

(5)

Anaerobic digesters.

a.

Anaerobic digesters are permitted in the agricultural zoning district as accessory to agricultural activities only, subject to the following standards:

b.

The minimum lot area shall be ten acres.

c.

Accessory anaerobic digesters shall not be located within 50 feet of any side property line; 75 feet of any rear property line; 150 feet from any residential structure other than that of the property owner; and 100 feet from any street right-of-way.

d.

There shall be no discharge of any type onto any adjoining properties or streets.

e.

The applicant shall address and document performance standards for siting to minimize impacts on neighboring properties which shall include considerations of odor, prevailing wind patterns, proximity to nonagricultural properties, operational noise, and specific hours of operation.

f.

Anaerobic digester systems shall be designed and constructed in compliance with the guidelines outlined in the DEP Bureau of Water Quality Management publication, and any revisions, supplements and successors thereto.

g.

Anaerobic digester systems shall be designed and constructed in compliance with applicable local, state and federal codes and regulations. Evidence of all federal and state regulatory agencies' approvals shall be included with the application.

h.

A certified professional, qualified to do such, shall furnish and explain all details of construction, operation, maintenance and necessary controls related to the anaerobic digester system.

i.

The applicant shall either provide a letter from the conservation district stating that the applicant's anaerobic digester system design has been reviewed and approved by the conservation district and that all regulations and requirements of the state manure management program have been satisfied, or submit a letter from the conservation district stating that it will not review the plan or that no review is required under applicable ordinances, or submit evidence that such a letter has been requested and the conservation district has failed to respond.

j.

No anaerobic digester system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(Code 1993, ch. 27, § 602; Ord. No. 2001-1, § 602, 2-27-2001; Ord. No. 2017-5, § 6, 12-7-2017)

Sec. 52-149. - Erection of more than one principal structure on a lot.

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(Code 1993, ch. 27, § 603; Ord. No. 2001-1, § 603, 2-27-2001)

Sec. 52-150. - Exceptions to height regulations.

The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, silos, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Code 1993, ch. 27, § 604; Ord. No. 2001-1, § 604, 2-27-2001)

Sec. 52-151. - Projections into required yards.

(a)

The projection from a building, utilizing such building for support but not being enclosed or part of the living area of such structure may extend into the required yard not more than 15 feet; however, no projection within the village center district shall extend closer than one foot to any lot line and no projection within any other zoning district shall extend closer than five feet to any lot line. Such projections may include overhanging eaves, gutters, cornices or chimneys, but not limited to, overhanging eaves, gutters, cornices, bulkhead-type doors, window wells, HVAC and other utility appurtenances and/or chimneys.

(b)

Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, up to a height of six feet, provided that fences, walls and hedges of any front yard shall not obstruct vehicular vision.

(Code 1993, ch. 27, § 605; Ord. No. 2001-1, § 605, 2-27-2001)

Sec. 52-152. - Structures to have access.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(Code 1993, ch. 27, § 606; Ord. No. 2001-1, § 606, 2-27-2001)

Sec. 52-153. - Landscaping regulations.

(a)

Landscaping of lots. Any part or portion of a nonagricultural lot which is not used for buildings or other structures shall be planted with an all season ground cover approved by the Township supervisors. It shall be maintained to provide an attractive appearance and all non-surviving plants shall be replaced promptly.

(b)

Screening of commercial and industrial uses.

(1)

A completely planted visual barrier of landscape screen shall be provided on any commercial or industrial lot where such lot abuts land within any residential zoning district or on any agricultural lot where a farm occupation is located within 100 feet of an adjoining street or lot. This screen shall be located between the commercial or industrial lot and the abutting residential zoning district or between the farm occupation and the adjoining street or lot. This screen shall be composed of a combination of evergreen shrubs and trees arranged to form both a low level and a high level screen within a strip of land with a minimum width of 20 feet. The high level screen shall consist of evergreen trees of not less than six feet in height at the time of planting and they shall be planted at intervals of not more than ten feet. The low level screen shall consist of evergreen shrubs of not less than two feet in height at the time of planting and they shall be planted at intervals of not more than five feet. The low level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving three years after planting must be replaced. Alternate screening techniques, including, but not limited to, mounding and fencing may be used where the applicant shows to the satisfaction of the Township board of supervisors that such alternate screening techniques will provide the same level of screening as the above required landscape screen.

(2)

Any existing commercial or industrial use shall not be required to comply with these screening requirements except in case of enlargement or major alteration of the use.

(3)

The screen planting shall be permanently maintained.

(4)

Where owing to existing conditions, the provisions for screening could create a hardship or is deemed unnecessary, the Township board of supervisors may reduce and/or waive the requirements for screening.

(c)

Screening of parking lots along street rights-of-way. All parking lots containing ten or more parking spaces shall be screened from any street right-of-way by a landscape screen to be installed within a ten-foot-wide planting strip measured from the street right-of-way line and located entirely within the lot containing the parking lot.

(1)

The landscape screen may be composed of a combination of shrubs, trees and earthen berms. Shrubs shall have a minimum height of two feet measured from ground level at the time of planting. Trees shall have a minimum height of eight feet above finished ground level and a trunk caliper of at least 1½ inches. Earthen berms shall have a minimum height of one foot.

(2)

The plants shall be arranged in such manner as to provide a partial (25 percent to 50 percent) visual barrier within two years of planting while allowing visual recognition of the use of the lot from vehicles traveling within the street right-of-way. The Township board of supervisors encourages naturalistic planting designs which enhance the visual effect of the landscape along public streets.

(d)

Screening of parking lots from adjoining residential lots.

(1)

All parking lots containing ten or more parking spaces shall be screened from adjoining lots within residential districts by a landscape screen to be installed within a ten-foot-wide planting strip located entirely within the lot containing the parking lot. The landscape screen shall be located adjacent to the lot line unless, due to elevation or location, the effect of the screen will be significantly reduced, in which case the landscape screen shall be located elsewhere within the lot as appropriate to provide the maximum visual screening of the proposed parking lot from said adjacent lots.

(2)

The landscape screen shall be composed of a combination of evergreen shrubs and trees arranged to form both a low level and a high level screen. The high level screen shall consist of evergreen trees of not less than six feet in height at the time of planting and they shall be planted at intervals of not more than ten feet. The low level screen shall consist of evergreen shrubs of not less than two feet in height at the time of planting and they shall be planted at intervals of not more than five feet. Deciduous trees and shrubs and decorative fences and walls are encouraged to be used to complement the evergreen plants provided the level of visual screening is not reduced. Alternate screening techniques, including, but not limited to, mounding and fencing may be used where the applicant shows to the satisfaction of the Township board of supervisors that such alternate screening techniques will provide the same level of screening as the above required landscape screen.

(e)

Screening of outside storage areas.

(1)

Where outside storage of materials or waste disposal facilities are located within any lot containing a nonresidential use or any residential lot containing more than two dwelling units, a landscape screen shall be provided between the outside storage area and any lot lines, street rights-of-way or places where the general public may congregate within the lot.

(2)

The screen shall be composed of shrubs that have a minimum height of at least three feet measured from ground level at the time of planting or fencing with a minimum height of five feet measured from ground level.

(f)

Parking lot interior landscaping. All parking lots containing 20 or more parking spaces shall be provided with interior landscaped areas equal to ten square feet for each parking space. Required landscape screens, planting strips, landscaping areas surrounding parking lots and landscaping areas surrounding buildings shall not be considered as interior landscaping.

(1)

The interior landscaping shall be provided within curbed island planters having a minimum area of 100 square feet and a minimum width of five feet.

(2)

The interior parking lot landscaping shall be placed so as to delineate driveways and driving lanes, define rows of parking and generally mitigate the visual impact of parking lots.

(3)

The interior parking lot landscaping shall be composed of a combination of shrubs and trees. At least one shade or ornamental tree shall be required for each 20 parking spaces. Said trees shall have a minimum trunk caliper of two inches.

(g)

General screening and landscaping requirements.

(1)

A plan shall be submitted showing the proposed design of all required landscape strips, screening and interior parking lot landscaping. Said plan shall include a plant schedule and sufficient information as required for the installation of the landscaping. The plan shall be sealed by a qualified professional licensed to practice landscape planting design within the state.

(2)

All required landscape strips, screen planting and interior parking lot landscaping shall be permanently maintained by the landowner of the lot. All required vegetation which dies shall be replaced by the landowner within six months.

(3)

All plants selected for use shall be suited for such plantings. Trees and shrubs shall be typical of their species and variety, have normal growth habits, have well developed branches, be densely foliated, be vigorous and have healthy root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.

(4)

All trees and shrubs selected for planting near paved surfaces shall be located or configured so as to not interfere with pedestrian or vehicular traffic. No vegetation from such trees and shrubs shall extend onto paved surfaces expected to be used by pedestrian or vehicular traffic. Trees shall have a clear trunk at least five feet above finished grade if the vegetation from such trees would be expected to extend over these paved surfaces, and the trunks of all trees shall be a minimum of two feet from the edge of all paved surfaces at the time of planting.

(5)

Not more than 25 percent of any one species of tree or shrub shall be used within any required landscape planting.

(Code 1993, ch. 27, § 607; Ord. No. 2001-1, § 607, 2-27-2001)

Sec. 52-154. - Performance standards.

(a)

Agriculture use performance standards.

(1)

The following performance regulations are applicable to all agricultural lots, except as may be modified by subsection (a)(2) of this section:

a.

All grazing or pasture areas shall be fenced in a manner to keep livestock within the grazing or pasture areas.

b.

Kennels, poultry houses for housing more than 500 birds, and structures for housing more than 25 head of livestock shall comply with the following:

1.

Such facilities shall not be located closer than 50 feet from all lot lines nor closer than 75 feet from street centerlines.

2.

Such facilities shall not be located closer than 400 feet from all existing dwelling units other than the dwelling unit owned by the person operating the kennel, poultry house or livestock facility.

3.

Such facilities shall not be located closer than 400 feet from all zoning districts other than the agricultural district.

4.

As a guideline, such facilities should be located on non-tillable land.

5.

The total combined lot coverage of all such facilities, along with all impervious and semi-pervious areas installed to access and service such facilities (e.g., driveways, loading areas, etc.) shall occupy no more than ten percent of the lot on which such facilities are located.

6.

No well shall be located within 100 feet of any such facility.

c.

The zoning hearing board may permit the expansion of existing kennels, poultry and livestock facilities closer to lot lines and street right-of-way lines than permitted above by special exception, provided that the zoning hearing board finds that the expansion of such facilities will not be more detrimental to surrounding lots than the existing use. The burden shall be upon the applicant to prove that the approval of the application will not be detrimental to the health, safety and general welfare of the community.

d.

The display and sale of nondairy products shall be permitted, provided that:

1.

At least 80 percent of such products shall have been produced on the property on which they are offered for sale, based on all products offered throughout the year. Only agricultural products may be offered for sale

2.

A minimum of three off-street parking spaces in accordance with article VII of this chapter, shall be provided behind the street right-of-way line.

3.

Sale of farm products shall be conducted from a portable stand, dismantled at the end of the growing season or from a permanent building, not exceeding 400 square feet in area, located at least 100 feet from the street right-of-way line.

4.

Signs identifying the sale of farm products shall be limited to one per property, not to exceed a total surface area of six square feet. Such sign shall be located a minimum of 12 feet from any lot line or street right-of-way.

(2)

In addition to the performance regulations within subsection (a)(1) of this section, all agricultural lots between two and five acres in lot area are further subject to the following performance regulations:

a.

A maximum of one livestock animal shall be permitted for each contiguous whole acre of the lot on which the livestock are to be located.

b.

No farm building in which livestock animals are kept shall be constructed closer than 50 feet to any lot line. Structures, existing as of the date of adoption of the ordinance from which this chapter is derived, located within 50 feet of a lot line may be used for the above purpose only if granted a variance by the zoning hearing board.

c.

The performance regulations within this subsection (a)(2) may be eliminated by the granting of a variance by the zoning hearing board, provided that the zoning hearing board finds that the elimination of such performance regulations will not be detrimental to surrounding lots and provided the applicant shows that the use of the lot is in compliance with an approved nutrient management plan. The burden shall be upon the applicant to prove that the approval of the application will not be detrimental to the health, safety and general welfare of the community.

(b)

Residential use performance regulations.

(1)

All dwelling units within the urban growth boundary shall be connected to public sewer and public water facilities.

(2)

Driveways for any residential use other than for a single-family detached dwelling shall not enter directly onto an arterial street.

(3)

Driveways which intersect an arterial or collector street shall be provided with adequate turnaround area within the lot so that egress to the street is in a forward direction.

(c)

Institutional use performance regulations. The following regulations are applicable to all churches or similar places of worship public and private schools and municipal buildings, including fire houses and emergency services:

(1)

All facilities within the urban growth boundary shall be connected to public sewer and public water facilities.

(2)

The facility shall be located on a lot with frontage along a public street.

(3)

Sufficient off-street parking shall be provided to prevent traffic that is utilizing the facility from backing onto public streets.

(4)

All required parking shall be located on the lot containing the facility.

(5)

All lighting shall be arranged and shielded so that glare or direct illumination shall be cast upon adjacent lots or public streets.

(d)

Commercial use performance regulations.

(1)

The parking and loading and ingress and egress areas of any commercial use shall be provided with a minimum of 0.75 footcandles at any point. All lighting shall be completely shielded from traffic on any public street and from any residential zoning district.

(2)

No glare shall be allowed which is perceptible at the lot lines of the use.

(3)

Noise emanating from a use shall not exceed the level of ordinary conversation at the lot lines of the use. Short, intermittent noise peaks may be permitted if they do not exceed normal traffic noise peaks at any point on the lot lines of the use.

(4)

Establishments furnishing carts or mobile baskets shall provide designated areas on the lot for the convenient storage of said carts or baskets which shall be clearly marked for such storage.

(5)

No use shall discharge any untreated or potentially dangerous effluent from the lot or into the ground.

(e)

Industrial use performance regulations.

(1)

Conflict with local, state or federal regulations. Except as otherwise preempted by state or federal law, all principal and accessory uses shall comply with all existing applicable state and federal laws, rules and regulations dealing with noise, environmental health and pollution standards. In case of conflict between the performance standards set forth in this chapter and any rules or regulations adopted by any other governmental agencies, the more restrictive shall apply.

(2)

Smoke, ash, dust, fumes, vapors and gases.

a.

There shall be no emission of smoke, ash, dust, fumes, vapors or gases that violate the Pennsylvania Air Pollution Control Laws, including the standards set forth in chapter 123 (Standards for Contaminants), and chapter 131 (Ambient Air Quality Standards), article III, title 25, Pennsylvania Department of Environmental Protection, rules and regulations or the United States Environmental Protection Administration.

b.

The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause any soiling of persons or property at any point beyond the lot line of the use creating the emission is hereby prohibited.

(3)

Noise.

a.

No use shall be conducted to cause any continuous sound (any sound that is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth in the following table when measured at or within the property boundary of the receiving land use.

Receiving Land Use Sound Level Limit (dBA)
Residential, public space, open space 60
Agricultural or institutional 60
Commercial 65
Industrial 70

 

b.

For any sounds which emit a pure tone, the maximum sound level limits set forth in the above table shall be reduced by five dBA. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid delay and an occurrence of not more than one time in any 15-second interval) the excursions of sound pressure level shall not exceed 20 dBA over the ambient sound level, regardless of the receiving land use, the fast meter characteristic of a Type II meter, meeting the ANSI specifications S1.4-1971.

c.

No noise from recordings, loudspeakers or public address systems shall be allowed which can be heard beyond the property line of the property from which the noise emanates.

(4)

Glare and heat.

a.

No direct or sky-reflected glare, whether from floodlights or high temperature processes, such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or lighting of parking areas otherwise permitted by this chapter.

b.

The parking and loading and ingress and egress areas of any industrial use shall be provided with a minimum of 0.75 footcandle at any point. All outdoor light fixtures shall be fully shielded to prevent spillover lighting. A fully shielded light fixture is one used in such a way that it allows no direct or internally reflected light to shine above the light fixture. A fully shielded fixture must be a full cutoff luminaire or a decorative luminaire with full cutoff optics. The term "full cutoff" means an outdoor fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp of indirectly from the fixture, is projected below the horizontal plane.

c.

There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

d.

Any operation producing intense glare or heat shall be performed within an enclosed building or behind adequate shielding in such a manner as to not create a nuisance to those working or living in the area.

(5)

Fire and explosive hazard. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and suppression equipment, and devices as detailed and specified by the laws of the state. Any explosive material shall conform to the requirements of chapter 211, title 25, Pennsylvania Department of Environmental Protection, rules and regulations, as amended, for storing, handling and use of explosives.

(6)

Radioactivity or electrical disturbance. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbances adversely affecting the operation of any equipment other than that of the creator of such disturbance. If any use is proposed which incorporates the use of radioactive materials, equipment or supplies, such use shall be in strict conformity with chapters 221, 223, 225, 227 and 229, title 25, Pennsylvania Department of Environmental Protection, rules and regulations, as amended.

(7)

Outdoor storage and waste disposal.

a.

A fence adequate to provide security for the property shall enclose all outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors. Storage of flammable materials and fuels shall meet the standards of the National Fire Protection Association and, if stored belowground, the standards of the state department of environmental protection for underground tanks. All underground storage tanks shall be registered with the state pursuant to state statutes. Outdoor storage facilities shall be made aesthetically pleasing to the community. All such facilities shall be landscaped.

b.

No materials or wastes shall be deposited upon the lot in such form or manner that may be transferred off the lot by natural causes or forces. Dikes must be constructed around above ground liquid storage facilities to preclude such transference in the event of failure of the facility.

c.

All materials and wastes which might cause flames or dust, or which constitute a fire hazard, or which may be edible or otherwise attract rodents or insects, shall be stored outdoors only in enclosed containers adequate to eliminate such hazards and in accordance with all state and federal regulations.

d.

No use shall engage in the storage of objectionable waste materials on the lot for any period beyond 30 days.

(8)

Industrial waste and sewage. No use shall be conducted in such a way as to discharge any untreated sewage or industrial waste into any reservoir, lake or watercourse or discharge any untreated sewage or industrial waste into any stream. All methods of industrial waste treatment and disposal shall be approved by the Township, the state department of environmental protection, and/or appropriate authority.

(9)

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at any point on or beyond the lot line.

(10)

Odors. No use shall emit odorous gases or other odorous matter in such quantities to be offensive to persons of average sensitivities at any point on or beyond the boundaries of the subject lot.

(f)

Community utility performance regulations. The location of any structure, building or other installation for the purpose of servicing any community utility may be located within any zoning district subject to the following regulations:

(1)

A plan shall be filed with the zoning officer indicating the location of all existing and proposed structures, buildings or other installations.

(2)

No minimum lot area shall be required; however, no building, structure, or other installation shall be located nearer than 15 feet to any lot line unless the specific nature of a utility warrants its placement elsewhere.

(3)

Any building, structure or other installation shall be subject to the same requirements of section 52-153 and subsection (e) of this section.

(g)

Airport use regulations.

(1)

In addition to complying with all lot, yard and height requirements, setback requirements and all other standards of the applicable zoning district, the proposed use and facility shall comply with all provisions of the Donegal Springs Airport Zoning Ordinance, article XIII of this chapter.

(2)

Any building, structure or other facility shall be subject to the industrial use performance regulations of this chapter; however, noise generated by aircraft being operated for the purposes of landing or taking off from an airport facility shall not be considered as production noise.

(3)

No building or above-grade structure shall be located within 300 feet of any dwelling existing as of the effective date of the ordinance from which this chapter is derived unless the consent to do so is released by the owner thereof, or within 300 feet of any public building, school, park or community or institutional building.

(4)

In addition to any setback regulations of the applicable zoning district, all airport buildings or structures shall be set back a minimum of 100 feet from the centerline of any existing or proposed public street.

(5)

No runway, taxiway, landing area or parking area utilized by any form of aircraft shall be located within 100 feet from the centerline of any existing or proposed street, unless the owner of said runway, taxiway, landing area or parking area shows to the satisfaction of the board of supervisors that a closer location to the centerline of the existing or proposed street would permit a safer condition for both aircraft and vehicular traffic.

(6)

Any areas to be used by aircraft under its own power shall be provided with a dustless surface.

(7)

All parking lots and outdoor storage areas shall be screened or landscaped as required by this chapter; however, areas designated for aircraft parking or tie-down space shall not be considered as parking lots or outdoor storage area.

(h)

Inn regulations.

(1)

An inn shall contain a maximum of 15 guest rooms, with each room to be occupied by no more than two adults.

(2)

Any proposed new construction for use as part of an inn shall be compatible with the existing appearance of adjacent buildings and existing character of the area.

(3)

There shall be no separate kitchen or cooking facilities within any guest room.

(4)

Applications for such use shall be accompanied by a certification that the existing sewage system or proposed system can accommodate the maximum usage proposed. If served by a public sewer system, the applicant shall submit documentation from the servicing authority that the proposed use will be adequately served.

(5)

When the water supply system is onsite, certification of water potability within accepted non-community water supply standards must accompany the application for an inn use. If served by a public water system, the applicant shall submit documentation from the servicing authority that the proposed use will be adequately served.

(6)

One off-street parking space per bedroom used by guests and one off-street parking space for each employee shall be provided on the premises.

(7)

Restaurants, meeting rooms and banquet facilities open for use by persons other than overnight guests are permitted in conjunction with an inn use when designed as an integral part of the inn. However, parking requirements shall be adjusted accordingly to accommodate the needs of the additional uses.

(i)

Mini-warehouse regulations.

(1)

External storage spaces may be provided for the storage of privately-owned vehicles, travel trailers, recreational vehicles and boats. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.

a.

All external storage areas shall be located behind the minimum front yard setback line.

b.

All items stored within external storage areas shall not be visible from adjoining residentially zoned lots, adjoining residential uses, and adjoining streets, by the placement of a landscape screen or other visual barrier approved by the Township board of supervisors.

c.

The method of screening external storage areas shall be suitable for the property location and surrounding uses and be arranged in such a manner as to provide an effective visual barrier within two years of planting.

d.

In order to determine compliance with the screening requirements for external storage areas, a plan shall be submitted to the Township board of supervisors showing the proposed design of the screening. Said plan shall include a material schedule and sufficient information as required for evaluation and installation of the screening. The plan shall be sealed by a landscape architect licensed to practice in the state.

(2)

The repair, construction or reconstruction of any motor vehicle, boat or engine is prohibited.

(3)

All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent lots or public streets.

(Code 1993, ch. 27, § 608; Ord. No. 2001-1, § 608, 2-27-2001; Ord. No. 2002-5, §§ 8, 9, 10-10-2002; Ord. No. 2004-2, §§ 3, 39—42, 10-7-2004; Ord. No. 2005-9, § 3, 12-1-2005; Ord. No. 2017-5, § 6, 12-7-2017)

Sec. 52-155. - Street classifications.

(a)

Arterial streets. The following public streets are classified as arterial streets:

(1)

Main Street/Harrisburg Pike (PA Route 230).

(2)

Anderson Ferry Road (PA Route 772).

(3)

River Road (PA Route 441).

(b)

Major collector streets. The following public streets are classified as major collector streets:

(1)

Angle Street/Union School Road (SR 4015), from Mount Joy Borough line to PA Route 772.

(2)

Maytown Road/River Street (PA Route 743).

(3)

Marietta Pike (PA Route 23).

(4)

Ore Mine Road (T-351).

(5)

Colebrook Road (T-605).

(6)

Rock Point Road/East High Street (T-673).

(c)

Minor collector streets. The following public streets are classified as minor collector streets:

(1)

Musser Road (SR 4017).

(2)

Stackstown Road (T-672).

(3)

Donegal Springs Road (SR 4002).

(4)

Vinegar Ferry Road/West High Street (T-673).

(5)

Bank Street.

(6)

Union School Road, south of PA Route 772.

(7)

Endslow Road (T-312).

(8)

Nolt Road (T-835).

(9)

Old Harrisburg Pike (SR 4018).

(d)

Local access streets. All private and public streets not specified as arterial, major collector or minor collector streets shall be classified as local access streets.

(Code 1993, ch. 27, § 609; Ord. No. 2001-1, § 611, 2-27-2001; Ord. No. 2017-5, § 6, 12-7-2017)

Sec. 52-156. - Substandard structures.

(a)

No dwelling or structure or land shall be used or occupied if such dwelling or structure or land, as determined by the Township board of supervisors, or appointed representatives, is in need of structural repairs, or is unsafe or unsanitary, or if the premises does not have connection with a public sewer system or alternative sanitary sewage facilities approved by the state.

(b)

No dwelling or structure or land shall be permitted to be left in an unsafe or un- sanitary condition. Upon notification by the zoning officer, any building or structure which has deteriorated to a state where it is dangerous and/or unsafe for human occupancy, constitutes a fire hazard, endangers surrounding buildings or shelters rats or vermin, shall be repaired, altered or removed to eliminate the dangerous conditions. Such improvements shall commence within 30 days and be completed within 90 days of notification by the zoning officer.

(Code 1993, ch. 27, § 610; Ord. No. 2001-1, 2-27-2001; Ord. No. 2001-4, § 3, 9-13-2001; Ord. No. 2017-5, § 6, 12-7-2017)