East Donegal Township
City Zoning Code

ARTICLE IX

SPECIFIC USES

Sec. 52-249.- Conditions for conditional use review.

(a)

The following regulations specify conditions under which conditional uses shall be reviewed by the planning commission and granted approval by the Township board of supervisors. These regulations shall apply in addition to all other provisions of this chapter.

(b)

Regarding those specific uses permitted as conditional uses. The Township board of supervisors may authorize the modification or waiving of any of the specific use criteria prescribed to a specific use during the conditional use process. The granting of such modification shall only be granted where the applicant can justify that such modification or waiver will not jeopardize any goals and objectives of this chapter or any other chapter or ordinance, nor as set forth by the Donegal Region comprehensive plan.

(Code 1993, ch. 27, pt. 9, intro. ¶¶)

Sec. 52-250. - Adult entertainment establishment.

Within a zoning district in which an adult entertainment establishment is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Purpose and legislative intent.

It is hereby declared a matter of legislative declaration and belief that the morals of the Township are threatened by the presence of adult entertainment establishments as said term is hereinafter defined. These establishments, and the type and character of the merchandise, paraphernalia and services sold in them, create an atmosphere of enticement for minors of the Township that is increased by the lascivious and suggestive advertising often employed to promote the availability of these products and services. It is the intent of the board of supervisors to minimize the exposure of these establishments.

It is the firm belief of the legislative body that it has a vital duty and role to protect the moral fiber and standards of its residents, in particular the minors of the community.

The location of adult entertainment establishments is of vital concern to society with regard to their location near areas where minors may learn, play, pass by or be exposed to the advertising, window displays or the general atmosphere encompassing their operation. The legislative body finds that adult entertainment establishments, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. One of the purposes of this regulation is to prevent the concentration or clustering of these establishments in any one area.

It is the intent of the board of supervisors in enacting these regulations relative to adult entertainment establishments to exercise only those powers granted to it. These regulations shall in no way be deemed to permit any adult entertainment establishment, as defined herein, which would otherwise be prohibited or in any way regulated by the Township Code of Ordinances, and other state, county or local ordinances.

Further, these regulations are enacted to promote, protect and facilitate the public health, safety, morals and general welfare of all residents of the Township.

(2)

Definitions. It is the purpose of this subsection, together with its subsection, to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist in the interpretation of said provisions and to ensure uniformity of application. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. The following definitions are intended to supplement the definitions contained in article II and are intended to be applicable to this section only:

Adult entertainment establishments means and includes, but is not limited to, any of the following:

Adult bookstore means any establishment which has a substantial or significant portion of its stock in trade of:

Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult cabaret means a nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult mini motion picture theater means an enclosed or unenclosed building with a seating capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis or depiction or description of specified sexual activities or specified anatomical areas.

Adult model studio means any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment which meets the requirements established in the education code of the state for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.

Adult motel means a motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified anatomical areas.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture theater means an enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

Adult newsrack means any coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

Bath house means any establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner or practiced by a massage technician.

Body painting studio means any establishment or business that provides the service of applying paint or any other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

Massage establishment means any establishment or business that provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Outcall service activity means any establishment or business that provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

Sexual encounter center means any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, who are not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by professional persons licensed by the state to engage in sexual therapy.

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified anatomical areas means and includes, but is not limited to, any of the following:

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes, but is not limited to, any of the following:

The fondling or other touching of human genitals, pubic region, buttocks or female breasts.

Ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, oral copulation, and sodomy.

Masturbation, whether actual or simulated.

Excretory functions as part of or in conjunction with any of the activities set forth in subsections (2)c.a through c of this definition.

(3)

Permits required. No person shall operate an adult entertainment establishment without first obtaining a use and occupancy permit as provided by article XI of this chapter and all other applicable permits required by law.

(4)

Minimum spacing and proximity requirements.

No adult entertainment establishment shall be located within 1,000 feet of any other adult entertainment establishment.

No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:

No such establishment shall be located within 600 feet of a residential district.

No such establishment shall be located within 1,000 feet of any lot which contains any one or more of the following specified land uses:

(i)

Amusement park.

(ii)

Camp (for minor's activity).

(iii)

Childcare facility.

(iv)

Church or other similar religious facility.

(v)

Community center.

(vi)

Museum.

(vii)

Park.

(viii)

Playground.

(ix)

School.

(x)

Other lands where minors congregate.

The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of each establishment. The distance between any adult entertainment establishment and land use specified in subsection (4)b of this section shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the adult entertainment establishment to closest point on the lot line of said land use.

(5)

Visibility from the street. No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock in trade which depicts, describes or relates to specified sexual activity and/or specified anatomical areas as defined herein, to be viewed from the street or sidewalk.

(6)

Consistent construction. It is the intent of these adult entertainment regulations that they be construed consistently with all provisions of the Township Code of Ordinances; that nothing contained in these regulations shall be construed to permit any use, business, enterprise or activity which would be prohibited by or be in violation of the Township Code of Ordinances. Furthermore, it is the intent of these adult entertainment regulations to regulate those adult entertainment establishments whose activities, although characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, however, are not legally obscene.

(Code 1993, ch. 27, § 901; Ord. No. 2001-1, § 901, 2-27-2001)

Sec. 52-251. - Beer distributor and liquor sales establishment.

Within a zoning district in which a beer distributor and liquor sales establishment is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

No such establishment shall be located within 1,000 feet of any lot which contains any one or more of the following specified land uses:

Amusement park.

Camp (for minor's activity).

Childcare facility.

Church or other similar religious facility.

Community center.

Museum.

Park.

Playground.

School.

Other lands where minors congregate.

(2)

The facility shall be served with public sanitary sewer and public water facilities.

(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, § 902; Ord. No. 2001-1, § 902, 2-27-2001)

Sec. 52-252. - Arboretums, botanical gardens and zoological gardens.

Within a zoning district in which an arboretum, botanical garden or zoological garden is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The facility shall be located on non-tillable land where possible in order to preserve tillable land for agricultural purposes.

(2)

The facility shall be located in a manner that will protect any natural resources existing within the lot. Natural resources shall include those resources identified within the Township comprehensive plan or any other environmental study approved by the board of supervisors and shall include, but not be limited to, floodplains, wetlands, water resources, woodlands, unique geologic features, natural wildlife habitats and slopes exceeding 15 percent.

(3)

Any development of the lot containing the facility shall be consistent with the comprehensive park and recreation plan of the Township.

(4)

(5)

All water facilities, sewage disposal systems, restrooms and solid waste disposal shall be approved and maintained in accordance with the rules and regulations of the state department of environmental protection.

(6)

All outdoor storage, parking and loading/unloading areas within the facility shall be screened from adjoining lots within a residential zoning district. Said screen shall be designed to provide a complete visual barrier within five years of the initial planting. The minimum width of the screen shall be 20 feet.

(7)

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

(8)

The facility shall be designed in a manner that insures it will not be detrimental to the use of adjoining lots due to hours of operation, noise, litter, dust and pollution.

(Code 1993, ch. 27, § 903; Ord. No. 2001-1, § 903, 2-27-2001)

Sec. 52-253. - Automobile service stations.

Within a zoning district in which an automobile service station is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the automobile service station facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

Except for storage and filing purposes, the automobile service station use shall be restricted to the first floor of the building.

(3)

There shall be no extension or exterior modifications to the building from how it existed prior to the date of the ordinance from which this chapter is derived, other than display windows located along the front face of the first floor of the building, and other than as may be required for access or for safety.

(4)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(5)

The facility shall be served with public sanitary sewer and public water facilities.

(6)

Sufficient off-street parking shall be provided to prevent traffic that is utilizing the facility from backing onto public streets. All required parking shall be located on the lot containing the facility and shall be located behind the front building line.

(7)

No principal building which existed prior to the date of the ordinance from which this chapter is derived shall be removed to provide area for yards, parking or other facilities or support uses accessory to an automobile service station.

(8)

Temporary outdoor storage of automobiles for a period not to exceed 30 days for any one vehicle shall be permitted behind the rear building line. No other outdoor storage shall be permitted on the lot.

(9)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(10)

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, § 904; Ord. No. 2001-1, § 904, 2-27-2001)

Sec. 52-254. - Banks and financial institutions.

Within a zoning district in which a bank or financial institution is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the bank or financial institution facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

(3)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(4)

The facility shall be served with public sanitary sewer and public water facilities.

(5)

(6)

(7)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(8)

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, § 905; Ord. No. 2001-1, § 905, 2-27-2001)

Sec. 52-255. - Bed and breakfast establishments.

Within a zoning district in which a bed and breakfast establishment is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The owner of a bed and breakfast establishment, or a parent, son or daughter of the owner of the establishment, shall be the primary occupant of the establishment.

(2)

No more than ten bed and breakfast units shall be permitted within a bed and breakfast establishment.

(3)

The bed and breakfast establishment shall be located within a single-family detached dwelling that existed as of the effective date of the ordinance from which this chapter is derived; except that up to three bed and breakfast units shall be permitted to be located within an accessory building that existed as of the effective date of the ordinance from which this chapter is derived.

(4)

There shall be no external alteration of the building containing a bed and breakfast unit except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.

(5)

Bed and breakfast units shall be rented on a nightly basis for periods not to exceed four weeks per family.

(6)

The owner of a bed and breakfast establishment shall keep a register indicating the names of all guests and the length of stay of all such guests.

(7)

Breakfast shall be the only meal furnished by the bed and breakfast establishment to those guests currently occupying a bed and breakfast unit. No cooking facilities shall be permitted in any bed and breakfast units unless all cooking facilities existed within the single-family detached dwelling for a period of five years prior to conversion of the dwelling to a bed and breakfast establishment.

(8)

Where a bed and breakfast establishment has more than one bed and breakfast unit, the bed and breakfast establishment shall have a minimum of two bathrooms.

(9)

Proper storage area for food storage and garbage disposal shall be provided within a bed and breakfast establishment.

(10)

The building containing the bed and breakfast establishment shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(11)

The establishment shall be located on a lot with frontage along a public street. Within the R-4 district, the lot shall also have rear frontage on an alley.

(12)

One sign no larger than 12 square feet in size may be erected to advertise the establishment. Such sign shall be set back a minimum of ten feet from all lot lines.

(13)

In addition to the parking requirements for the dwelling unit in a bed and breakfast establishment, one off-street parking space shall be provided for each bed and breakfast unit within such bed and breakfast establishment.

(14)

All required parking shall be located on the lot containing the establishment. Within the R-4 district, all required parking shall be located behind the front building line.

(15)

Within the R-4 district, no principal building which existed prior to the date of the ordinance from which this chapter is derived shall be removed to provide area for yards, parking or other facilities or support uses accessory to the bed and breakfast establishment.

(16)

The water and sewerage facilities necessary to service a bed and breakfast establishment shall be approved by the state department of environmental resources, however, within the R-4 district, the establishment shall be served with public sanitary sewer and public water facilities.

(17)

The owner of a bed and breakfast establishment within the Township shall be required to apply for and obtain a zoning permit and a use and occupancy permit in accordance with all provisions of this chapter prior to the operation of said establishment.

(18)

The owner of a bed and breakfast establishment shall submit a copy of all approvals and permits required by any state or other government agency to the zoning officer prior to the issuance of the use and occupancy permit.

(Code 1993, ch. 27, § 906; Ord. No. 2001-1, § 906, 2-27-2001; Ord. No. 2004-2, § 43, 10-7-2004)

Sec. 52-256. - Bridges.

Within a zoning district in which a bridge is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

(2)

All permits related to the design and construction of the bridge shall be provided to the Township prior to the issuance of a zoning permit for the construction of the bridge.

(Code 1993, ch. 27, § 907; Ord. No. 2001-1, § 907, 2-27-2001)

Sec. 52-257. - Bulk storage of petroleum or petroleum products.

Within a zoning district in which bulk storage of petroleum or petroleum products is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Other than fencing and the driveway from the street, no part of any structures within the facility shall be closer than 100 feet to any lot line or street right-of-way line.

(2)

No storage facility shall be closer than 200 feet to any lot line or street right-of-way line.

(3)

The facility shall be completely screened with security fencing at least eight feet.

(4)

The facility shall be located on a lot with frontage along an arterial or collector street.

(Code 1993, ch. 27, § 908; Ord. No. 2001-1, § 908, 2-27-2001)

Sec. 52-258. - Bus station.

Within a zoning district in which a bus station is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the bus station facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

The bus station use shall be restricted to the first floor of the building.

(3)

(4)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(5)

The facility shall be served with public sanitary sewer and public water facilities.

(6)

(7)

(8)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(9)

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, § 909; Ord. No. 2001-1, § 909, 2-27-2001)

Sec. 52-259. - Campgrounds.

Within a zoning district in which a campground is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The minimum lot area shall be ten acres.

(2)

All campsites shall be located at least 50 feet from all side and rear lot lines and at least 100 feet from any street right-of-way line.

(3)

Each campsite shall be at least 3,000 square feet in size and shall be provided with parking space for one automobile in a manner which will not interfere with the convenient and safe movement of traffic, except that such parking space can be eliminated where adequate equivalent parking is provided in a common parking area convenient to each campsite.

(4)

An internal private access drive system shall be provided. The minimum pavement width shall 14 feet for one-way access drives and 24 feet for two-way access drives. Parking shall not be permitted along such access drives.

(5)

All outdoor play areas shall be set back 100 feet from all lot lines and screened from adjoining lots within a residential zoning district. Such outdoor play areas shall be used exclusively by registered guests and their visitors.

(6)

All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from all lot lines. Such facilities shall be screened from adjoining lots within a residential zoning district.

(7)

Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any lot line. Such accessory commercial uses shall be solely designed and constructed to serve the registered guests and their visitors. Any parking spaces provided for these accessory commercial uses shall have direct vehicular access from the internal access drive system rather than from a public street. All accessory commercial uses and related parking shall be screened from adjoining lots within a residential zoning district.

(8)

All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street.

(9)

On identification signs for a campground, any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use.

(10)

A minimum of 20 percent of the area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of recreational facilities shall be with the landowner.

(11)

Every campground shall have an office in which shall be located the office of the person responsible for operation of the campground.

(12)

All water facilities, sewage disposal systems, restrooms, solid waste disposal and vector control shall be approved and maintained in accordance with the rules and regulations of the state department of environmental resources.

(13)

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

(14)

All required screening shall be designed to provide a complete visual barrier within five years of the initial planting.

(15)

The facility shall also comply with all requirements applicable to an outdoor amusement.

(Code 1993, ch. 27, § 910; Ord. No. 2001-1, § 910, 2-27-2001)

Sec. 52-260. - Car wash.

Within a zoning district in which a car wash is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

No water used in the car wash process shall be discharged into a stormwater collection or management facility, into a watercourse, towards a street or onto an adjacent lot.

(2)

A recycling water system acceptable to the board of supervisors shall be used to substantially collect and recycle all water used in the car wash process.

(Code 1993, ch. 27, § 911; Ord. No. 2001-1, § 911, 2-27-2001)

Sec. 52-261. - Cemeteries and mortuaries.

Within a zoning district in which a cemetery or mortuary is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Only one caretaker's residence shall be permitted within a cemetery.

(2)

All burial plots or facilities shall be set back a minimum of ten feet from all side and rear yard lot lines and a minimum of 50 feet from all street rights-of-way lines.

(3)

No burial plots or facilities are permitted within any floodplain area.

(4)

Sufficient off-street parking shall be provided to prevent traffic that is utilizing the facility from backing onto public streets, and all required parking shall be located on the lot containing the facility.

(5)

An ornamental fence or densely planted buffer strip shall be required where the lot abuts an existing residence or a residential zoning district.

(6)

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, § 912; Ord. No. 2001-1, § 912, 2-27-2001)

Sec. 52-262. - Child day care center.

Within a zoning district in which a child day care center is permitted, the board of supervisors (when permitted as a conditional use) or the zoning officer (when permitted by right) may approve such a use, subject to the following requirements:

(1)

All buildings shall maintain an exterior appearance that resembles and is compatible with the residential neighborhood.

(2)

A child day care center may occur in a building that also contains one or more dwelling units; however, the child day care center shall be confined to areas not used for a family residence.

(3)

The child day care center shall be restricted to the first floor of the building.

(4)

The facility shall be located on a lot with frontage along an arterial or collector street. Within the R-4 district, the lot shall also have rear yard frontage on an alley.

(5)

Within the R-4 district, the building containing the child day care center shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(6)

Within the R-4 district, there shall be no extension or exterior modifications to the building from how it existed prior to the date of the ordinance from which this chapter is derived, other than as may be required for access or for safety.

(7)

The facility shall be served with public sanitary sewer and public water facilities.

(8)

A child day care center shall not exceed 125 students children. Enrollment shall be defined as the largest number of students and/or children under day care supervision at any one time during a seven-day period.

(9)

An outdoor play area shall be provided at a rate of 100 square feet per student enrolled. Outdoor play areas shall not be located within parking compounds or the required front yard area. Outdoor play areas shall be set back 25 feet from all lot lines and be completely enclosed by a six-foot-high fence.

(10)

All outdoor play areas must provide a means of shade such as a shade tree or pavilion.

(11)

Outdoor play areas located within 200 feet of a residentially zoned lot shall be screened and limited to use between 8:00 a.m. and 8:00 p.m.

(12)

Passenger drop-off and pick-up areas shall be provided and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.

(13)

Sufficient off-street parking shall be provided to prevent traffic that is utilizing the facility from backing onto public streets. All required parking shall be located on the lot containing the facility. Within the R-4 district, all parking shall be located behind the front building line.

(14)

(15)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(16)

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, § 913; Ord. No. 2001-1, § 913, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-263. - Churches or similar places of worship.

Within a zoning district in which a church or similar place of worship is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Within the agricultural district, the maximum lot area shall not exceed 15 acres.

(2)

Within the R-4 district, the lot shall also have rear yard frontage on an alley.

(3)

Within the R-4 district, the building containing the church or similar place of worship shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived, and there shall be no extension or exterior modifications to the building from how it existed prior to the date of the ordinance from which this chapter is derived, other than as may be required for access or for safety.

(4)

Within the R-4 district, all required parking shall be located behind the front building line.

(5)

(Code 1993, ch. 27, § 914; Ord. No. 2001-1, § 914, 2-27-2001)

Sec. 52-264. - Commercial communication towers and antennas.

Within a zoning district in which a commercial communication tower or antenna is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

A site plan shall be required to be prepared and processed for all commercial communication towers in accordance with the provisions of the Township subdivision and land development ordinance, chapter 42 of this code.

(2)

A site plan is not required for commercial communication antennas which are collocated on an existing commercial communication tower or other structure acceptable to the Township board of supervisors; however, the following documentation shall be provided by the applicant:

Certification by a professional engineer registered in the state that the existing tower or structure upon which the antenna is to be placed is capable of safely supporting the added loads.

A notarized copy of the collocation agreement listing the names, addresses and telephone numbers of the landowner, tower or structure owner and operator, and all other commercial communication users having facilities collocated on the tower or structure.

(3)

A commercial communication tower, attached to the ground, shall conform to the following lot, yard and setback requirements:

Where the lot containing the commercial communication tower is a leasehold lot within a larger parent lot:

The distance from the base of the tower to the nearest lot line of the larger parent lot or to any street right-of-way line shall not be less than the full height of the tower or 200 feet, whichever is greater.

The distance from the base of the tower to the nearest building, other than buildings supporting the commercial communication tower use, shall not be less than the full height of the tower or 200 feet, whichever is greater.

The distance from the base of the tower to the nearest lot line of the leasehold lot shall not be less than 25 feet.

Guy wires, if used, shall be set back a minimum of 25 feet from any lot line of the leasehold lot.

No minimum lot area, minimum lot width, Maximum lot coverage or yard width requirements shall be applicable to the leasehold lot.

Where the lot containing the commercial communication tower is on a separate approved lot:

The distance from the base of the tower to the nearest lot line or to any street right-of-way line shall not be less than the full height of the tower or 200 feet, whichever is greater.

The distance from the base of the tower to the nearest building, other than the buildings supporting the commercial communication tower use, shall not be less than the full height of the tower or 200 feet, whichever is greater.

Guy wires, if used, shall be set back a minimum of 25 feet from any lot line.

The minimum lot area, minimum lot width, Maximum lot coverage and yard width requirements of the zoning district shall be applicable to the lot.

(4)

Any applicant proposing construction of a new communication tower shall demonstrate to the satisfaction of the Township board of supervisors that a good faith effort has been made to obtain permission to collocate the communication antenna on an existing communication tower or structure. A good faith effort shall require that all owners of potentially suitable communication towers or structures within a one-mile radius of the propose communication tower be contacted and that one or more of the following reasons for not selecting such tower or structure apply:

The proposed antenna and related equipment would exceed the structural capacity of the existing tower or structure.

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing tower or structure and the interference cannot be prevented.

Such existing tower or structure does not have adequate location, space, access or height to accommodate the proposed antenna and related equipment or to allow it to perform its intended function.

Addition of the proposed antenna and related equipment would result in electromagnetic radiation from such tower or structure exceeding applicable standards established by the Federal Communications Commission (FCC) governing human exposure to electromagnetic radiation.

An agreement could not be reached with the owner of such other tower or structure.

(5)

The base and supporting equipment shed of a commercial communication tower shall be surrounded by a secure fence with a minimum height of eight feet and with a self-locking gate. Said fence shall be located no closer than ten feet from the base of the commercial communication tower and no closer than five feet from any guy wire anchors or supporting equipment shed.

(6)

A landscape screen shall be required to screen the fence surrounding a communication tower and any related support structures other than the entrance drive between the lot and the street right-of-way; however, if the antenna is mounted on an existing structure, and all support equipment is housed inside an existing structure, a landscape screen shall not be required. A landscape screen shall be required as follows:

The landscape screen shall be composed 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.

Any combination of existing vegetation, topography, walls, decorative fences or other features instead of or in combination with a landscape screen may be permitted if such features achieve the same degree of screening as the required landscape screen.

Existing vegetation on and around the lot containing the commercial communication tower shall be preserved to the greatest extent possible.

(7)

A minimum of two off-street parking spaces shall be provided within the fence surrounding a commercial communications tower.

(8)

Vehicular access to a lot containing a commercial communications tower shall be limited to one driveway.

(9)

One business sign shall be permitted to identify the use on the commercial communication tower lot. Said business sign shall be a ground sign with a maximum height of eight feet and a maximum sign area of 12 square feet. The sign shall be located on the lot containing the commercial communication tower, unless said lot is not located adjacent to a street right-of-way in which case the sign may be located adjacent to the street right-of-way within ten feet of the edge of the driveway providing vehicular access to the lot containing the commercial communication tower.

(10)

A commercial communication tower cannot be located on a lot which contains an easement restricting the use of land to agricultural activities.

(11)

A lot containing a commercial communication tower shall be located on non-tillable land where possible in order to preserve tillable land for agricultural activities. Where a lot is located on tillable land, the area of the lot shall be as small as possible while still complying with the other provisions of this chapter.

(12)

A commercial communication tower or antenna shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the lot lines of the lot containing said tower or antenna.

(13)

In addition to showing compliance with all other requirements of this chapter, an application for conditional use approval of a commercial communication tower or antenna shall include the following:

Documentation that the owner or operator of the commercial communication tower or antenna is licensed by the FCC.

Documentation that the location of the commercial communication tower or antenna is approved by the FCC.

Documentation that the commercial communication tower or antenna complies with all applicable FCC standards governing human exposure to electromagnetic radiation.

Documentation that the commercial communication tower or antenna is in compliance with all regulations of the Federal Aviation Administration.

Documentation that the commercial communication tower or antenna is in compliance with all regulations of the Donegal Springs airpark zoning ordinance, article XIII of this chapter.

Documentation that the commercial communication tower or antenna meets the wind resistance requirements set forth in the latest version of the BOCA National Building Code.

(14)

The landowner of the lot containing a commercial communication tower or antenna shall be responsible for notifying the board of supervisors of cessation of operation of such tower or antenna within 30 days of such cessation of operation. If the tower or antenna remains unused for a period of 12 consecutive months, the landowner shall dismantle and remove such tower or antenna within six months of notice to do so by the board of supervisors.

(15)

The following types of towers and antennas are exempt from the provisions of this section of this chapter:

Commercial cellular communication towers or antennas necessary for, and clearly primarily used for, emergency communications by a police department, fire company, emergency medical service and other similar public safety organizations.

Public utility transmission towers owned and operated by a public utility electric company regulated by the state public utility commission.

(Code 1993, ch. 27, § 915; Ord. No. 2001-1, § 915, 2-27-2001)

Sec. 52-265. - Community utilities.

Within a zoning district in which a community utility is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The facility shall be located on non-tillable land where possible in order to preserve tillable land for agricultural purposes.

(2)

(3)

(4)

(5)

(6)

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

(Code 1993, ch. 27, § 916; Ord. No. 2001-1, § 916, 2-27-2001)

Sec. 52-266. - Country clubs.

Within a zoning district in which a country club is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The minimum lot area for a country club that includes a clubhouse, restaurant, swimming pool or other accessory recreational facilities shall be 100 acres.

(2)

At any point where the access from an activity or golf hole to another activity or golf hole crosses a street, access drive or driveway, said crossing point shall be properly signed to warn motorists and pedestrians of such crossing access.

(3)

All country clubs shall front and have access to an arterial or collector street.

(4)

(5)

All greens, tees, fairways, practice greens and driving ranges shall be set back a minimum of 100 feet from any lot line or street right-of-way line. All other outdoor recreation and activity areas shall be set back a minimum of 50 feet from any lot line or street right-of-way line.

(6)

No golf hole shall be arranged to require a golf ball to be driven across any building, street, driveway or parking lot.

(7)

Sufficient landscape screening shall be provided between greens, tees, fairways and driving ranges and any lot line or street right-of-way line to ensure that golf balls will be substantially prevented from leaving the facility during play.

(8)

All lighting shall be arranged to prevent glare on adjoining lots and streets.

(9)

All outdoor storage, parking and loading/unloading areas shall be screened from adjoining lots that are within a residential zoning district. Said screen shall be designed to provide a complete visual barrier within five years of the initial planting.

(10)

The facility shall also comply with all requirements applicable to an outdoor amusement.

(Code 1993, ch. 27, § 917; Ord. No. 2001-1, § 917, 2-27-2001)

Sec. 52-267. - Dwelling unit.

Within a zoning district in which a dwelling unit is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

One dwelling unit shall be permitted on the same lot as an industrial use for the purpose of providing living quarters for the owner of the industry or for a caretaker designated by the owner of the industry.

(2)

The primary use of the lot shall be industrial.

(3)

The minimum lot area shall be two acres.

(4)

The dwelling unit shall comply with all lot, yard, height and setback requirements of the industrial district.

(5)

The dwelling unit shall not be subdivided from the industrial use.

(6)

The dwelling unit shall be located:

In the industrial building.

In an existing dwelling.

In a separate building from the industrial building.

(Code 1993, ch. 27, § 918; Ord. No. 2001-1, § 918, 2-27-2001)

Sec. 52-268. - Elder cottage.

Within a zoning district in which an elder cottage is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

No more than one elder cottage shall be permitted on the lot of a principal dwelling.

(2)

The elder cottage may not exceed 900 square feet of floor area.

(3)

The total lot coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum requirement for the zoning district in which the elder cottage is located.

(4)

The elder cottage shall be occupied by either an elderly, handicapped or disabled person related to the occupants of the principal dwelling by blood, marriage or adoption.

(5)

The elder cottage shall be occupied by a maximum of two people.

(6)

Utilities.

For sewage disposal and water supply and all other utilities, the elder cottage shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards.

If onsite sewer or water systems are to be used, the applicant shall submit evidence to the board of supervisors showing that the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing onsite sewer system shall be subject to the review and approval of the sewage enforcement officer.

(7)

A minimum of one all-weather off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the elder cottage, in addition to that required for the principal dwelling.

(8)

The elder cottage shall be installed and located only to the side or rear of the principal dwelling, and shall adhere to all side and rear yard setback requirements.

(9)

Submission of site plan. The applicant shall submit a site development plan to the board of supervisors. That plan shall be clear and concise and shall be drawn to a scale not less than one inch equals 20 feet. The information shown on the plan shall include the following:

All lot lines.

The location of the existing principal dwelling, any existing accessory buildings, and the proposed elder cottage.

Minimum setback lines for both principal and accessory buildings.

Dimensions from the lot lines and all existing buildings to the proposed elder cottage.

Lot area.

The total square footage of the proposed elder cottage and the total percent of lot coverage for the existing principal dwelling, any accessory structures and the proposed elder cottage.

The location, size and extent of all underground utilities (i.e., water, gas, sewer, electric, telephone, cable, etc.) and the connection of these utilities to the proposed elder cottage.

The length, width and function of all rights-of-way and easements within the lot lines.

The required parking spaces for both the principal dwelling and the elder cottage.

The location, dimensions and elevations of all 100-year floodplains, all slopes exceeding 15 percent, and all other natural features which might affect the location of the elder cottage or its parking area.

(10)

Prior to the issuance of a use and occupancy permit, a certificate, in the form of an affidavit shall be presented to the zoning officer verifying that:

The occupant of the principal dwelling intends to and will reside in either the principal dwelling or the elder cottage for as long as both dwellings exist on the lot.

That the elder cottage shall be removed from that lot within 90 days after it is no longer occupied by a person who qualifies for the use and occupancy permit in accordance with these provisions.

(11)

Upon the proper installation of the elder cottage, the zoning officer shall issue a temporary certificate of use and occupancy in accordance with section 52-326. Said certificate shall be reviewed every 12 months until such time as the elder cottage is required to be removed. A fee, in an amount to be set by the board of supervisors, shall be paid by the landowner upon each renewal of the temporary certificate of use and occupancy.

(Code 1993, ch. 27, § 919; Ord. No. 2001-1, § 919, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-269. - Farm occupations.

Within a zoning district in which a farm occupation is permitted by special exception, the zoning hearing board may approve such a use, subject to the following requirements:

(1)

The person conducting the farm occupation shall be the owner of the farm or a parent, son or daughter of the owner of the farm.

(2)

Farm occupations shall be incidental or secondary to the use of the lot as a farm.

(3)

Only one farm occupation is permitted per farm.

(4)

The farm occupation shall occupy no more than 2,000 square feet of total gross floor area of all buildings and no more than one acre of lot area. Any driveway serving the farm occupation shall not be considered part of the lot area of the farm occupation.

(5)

Vehicular access to the farm occupation shall enter the farm utilizing an existing paved or stoned driveway that provides access to the farm.

(6)

For any existing building within 100 feet from any adjoining street or lot; no displays or change in such building shall indicate from the exterior that the building is being utilized for purposes other than a farm building.

(7)

Any new building constructed for use by the farm occupation shall be located behind the principal buildings of the farm or shall be no less than 100 feet from any adjoining streets or lots.

(8)

One sign advertising the farm occupation shall be permitted, subject to the provisions of article VIII of this chapter.

(9)

No more than three nonresident persons of the farm shall be employed full-time by the operator of the farm occupation.

(10)

Adequate off-street parking and loading spaces shall be provided consistent with the provisions of article VII of this chapter.

(11)

No storage of materials or products shall be permitted in open areas.

(12)

The farm occupation shall adhere to all of the industrial use performance regulations within section 52-154(d).

(13)

The creation of a farm occupation on a lot shall not be considered a separate use or lot as may be permitted to be developed or subdivided from an existing lot.

(14)

A farm occupation shall not include activities and uses considered amusements, including, but not limited to, amusement parks, Halloween and other holiday centered or seasonal attractions. See temporary uses, below.

(Code 1993, ch. 27, § 1006; Ord. No. 2001-1, § 1006, 2-27-2001; Ord. No. 27-204, 3-7-2006; Ord. No. 2017-5, § 9, 12-7-2017; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-270. - Golf courses.

Within a zoning district in which a golf course is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

(2)

All golf courses shall front and have access to an arterial or collector street.

(3)

(4)

(5)

No golf hole shall be arranged to require a golf ball to be driven across any building, street, driveway or parking lot.

(6)

(7)

All lighting shall be arranged to prevent glare on adjoining lots and streets.

(8)

(9)

The facility shall also comply with all requirements applicable to an outdoor amusement.

(Code 1993, ch. 27, § 922; Ord. No. 2001-1, § 922, 2-27-2001)

Sec. 52-271. - Historical buildings, structures and sites.

Within a zoning district in which a historical building, structure or site is permitted by special exception, the zoning hearing board may approve such a use, subject to the following requirements:

(1)

Only validated historical buildings, structures and sites may be open to the public on a commercial or noncommercial basis.

(2)

The historical significance of such buildings, structures and sites shall be validated by one or more of the following organizations:

The National Register of Historic Places.

The Pennsylvania Historical and Museum Commission.

The Historic Preservation Trust of Lancaster County.

The Lancaster County Historical Society.

(3)

Off-street parking shall be provided in accordance with the provisions of article VII of this chapter.

(4)

All signs for validated historical buildings, structures and sites shall be subject to the provisions of article VIII of this chapter and the approval of the zoning hearing board based upon the following criteria:

The design of any sign shall be in character with the historical significance of the building, structure or site.

The size and the number of signs shall be a minimum as determined by the zoning hearing board.

The location of any sign shall not interfere with the safety of pedestrian or vehicular traffic.

(5)

There shall be no rehabilitation, enlargement or structural alteration in relationship to the validated historical building, structure or site, except for:

That which may be required for compliance with the parking and sign requirements of this section.

That which may be required for the historic preservation, historic restoration or historic reconstruction of said building, structure or site.

That which may be necessary for the operation of an historically associated gift shop area in a validated historical building or structure.

That which may be required for the general health, safety and welfare of the public.

(6)

A commercially oriented historically associated gift shop may be operated in the validated historical building or structure when said historical building or structure is not in a commercial zoning, district. Such a historically associated gift shop area shall not exceed 15 percent of the gross floor area of the validated historical building or structure.

(7)

Historically associated gift shops not located in a commercial zoning district shall be prohibited from the retailing of food products.

(8)

A plan and written statement detailing the complete operation of the validated historical building, structure or site shall accompany the application to the zoning hearing board. Said plan and written statement shall also include, but need not be limited to, the following:

The method of historic preservation, historic restoration or historic reconstruction method that shall be used. This shall include detailed construction drawings.

A written statement from the proper validating organization verifying the historical significance of said building, structure or site.

(Code 1993, ch. 27, § 923; Ord. No. 2001-1, § 1001, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-272. - Home occupations.

Within a zoning district in which a home occupation is permitted by special exception, the zoning hearing board may approve such a use, subject to the following requirements:

(1)

The person conducting the home occupation shall be a resident of the dwelling.

(2)

Home occupations shall only be permitted within single-family detached dwellings and single-family semi-detached dwellings, and within the respective accessory buildings of each dwelling type.

(3)

No displays or change in any building shall indicate from the exterior that the dwelling or lot is being utilized for the purposes other than a dwelling with the exception that one sign advertising the home occupation shall be permitted, subject to the provisions of article VIII of this chapter.

(4)

Three off-street parking spaces in addition to those required of residential units shall be required.

(5)

No more than two persons shall be employed full-time by the practitioner of the occupation.

(6)

The area used for the practice of a home occupation shall be equal to no more than 25 percent of the residential floor area that existed before the addition of the home occupation, or 25 percent of the residential floor area existing on April 12, 1984, whichever is less.

(7)

Home occupations shall be incidental or secondary to the use of the lot as a dwelling unit.

(8)

No manufacturing, repairing or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the lot lines of the lot containing, the home occupation.

(9)

No storage of materials or products shall be permitted in open areas.

(10)

Only one home occupation is permitted per lot.

(11)

The creation of a home occupation on a lot shall not be considered a separate use or lot as may be permitted to be developed or subdivided from an existing lot.

(Code 1993, ch. 27, § 924; Ord. No. 2001-1, § 1002, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-273. - Hospitals.

Within a zoning district in which a hospital is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The following uses shall be permitted as part of, or accessory to, the hospital:

Intermediate care and skilled nursing facilities.

Medical and dental offices.

Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers and outpatient clinics and patient care facilities.

Health and fitness clubs.

Adult and child day care centers.

Administrative offices.

Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility and oxygen facility).

Automobile parking lots and parking garages.

Retail sales of medical and health care related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales and service for the convenience of employees, patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber and beauty salons, automatic teller banking, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed five percent of the floor area of all buildings on the hospital lot.

Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health care providers or the public regarding health care issues.

(2)

The hospital, and all accessory uses shall comply with all lot, yard, and height requirements, all setback requirements, and all standards applicable to the zoning district in which the facility is to be located, except as such requirements and standards may be specifically altered by this section.

(3)

The minimum lot area shall be five acres.

(4)

The facility shall be served with public sanitary sewer and public water facilities.

(5)

The hospital lot shall have frontage along an arterial or collector street.

(6)

Adequate provision shall be made for a system of streets sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment.

(7)

All parking lots shall be set back at least 20 feet from any adjoining right-of-way or lot line.

(8)

At least ten percent of required parking spaces shall be designed for handicapped persons.

(9)

Sufficient exterior lighting shall be required to provide convenience and safety for people utilizing the facility.

(10)

Emergency entrances shall be located on a building wall which faces away from adjoining lots within a residential zoning district or which is separated by at least 300 feet from all lots within a residential zoning district.

(11)

All outdoor storage, parking and loading/unloading areas shall be screened from adjoining lots within a residential zoning district. Said screen shall be designed to provide a complete visual barrier within five years of the initial planting. The minimum width of the screen shall be 20 feet.

(12)

Adequate provision shall be made for the collection, disposal and recycling of garbage, trash and medical and hazardous waste on the hospital lot or at an off-site facility approved by the Township. No garbage, trash and medical and hazardous waste from an off-site facility shall be handled or processed within the hospital lot.

(13)

All dumpsters shall be set back a minimum of 100 feet from any adjoining lots within a residential zoning district, screened from adjoining streets or lots and completely enclosed within a fenced enclosure equipped with a self-latching door or gate.

(14)

Adequate provisions shall be made for establishing and maintaining a campus or park like character.

(15)

Adequate provision shall be made to minimize disturbance of the natural features, including, but not limited to, floodplains, wetlands, watercourses, significant geologic features, habitats of threatened or endangered species, archaeological resources, historic resources and significant stands of mature trees.

(16)

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the lot line of the facility.

(17)

The applicant shall obtain a letter from the agency responsible for ambulance service in the vicinity of the use. Such letter shall describe the adequacy or inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that night enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.

(Code 1993, ch. 27, § 925; Ord. No. 2001-1, § 923, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-274. - Junkyards.

Within a zoning district in which a junkyard is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

A junkyard shall be completely screened by opaque fencing at least eight feet in height that shall be approved by the Township supervisors.

(2)

The approved opaque fencing shall be set back from all lot lines a minimum of 15 feet and shall not obstruct vehicular vision. The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.

(3)

All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.

(4)

No oil, grease, tires, gasoline or other similar material shall be burned at any time.

(5)

Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.

(6)

No junkyard shall be located on land with a slope in excess of five percent.

(Code 1993, ch. 27, § 926; Ord. No. 2001-1, § 924, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-275. - Livestock holding barn and livestock brokerage business.

Within a zoning district in which a livestock holding barn or livestock brokerage business is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

No 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 the adoption of this chapter, 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.

(2)

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

(3)

The facility shall be served with public sanitary sewer and public water facilities.

(4)

(5)

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the lot line of the facility.

(Code 1993, ch. 27, § 927; Ord. No. 2001-1, § 926, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-276. - Manufactured home parks.

Within a zoning district in which a manufactured home park is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

A permit to construct or make alterations to a manufactured home park shall be issued only after a plan, which has first been approved by the board of supervisors, has been processed in accordance with the provisions of the Township subdivision and land development ordinance, chapter 42 of this Code and recorded at the county recorder of deeds.

(2)

Manufactured homes, manufactured home parks shall further comply with the following:

It shall be unlawful within the Township for any person to operate, construct or maintain a manufactured home park or to park or locate any manufactured home on any tract of land within the Township except in accordance with this article and without first securing a zoning permit, and in the case where a plan is involved, without first obtaining approval of the plan from the board of supervisors.

Manufactured home parks shall be established, maintained, constructed and operated in strict compliance with the rules and regulations of the Department of Environmental Protection (DEP) and in strict compliance with the Township subdivision and land development ordinance to the extent that such regulations have not been superseded by this section.

Manufactured home parks in existence upon the effective date of this section shall be required to meet only the applicable standards of the state department of environmental protection as a prerequisite to any expansion or modification of the mobile home park, or creation of any nonconformity with respect to any existing manufactured home, upon obtaining a variance from the zoning hearing board in accordance with this article.

No manufactured home may be parked in any street or alley for any period of time longer than that allowed for parking of vehicles upon such streets or alleys according to applicable state and local regulations. A modification of this limitation may be granted to permit parking upon any street or alley in the event the lot on which the manufactured home is to be located is not ready. Such a modification must be obtained from the board of supervisors and shall be for a period not to exceed 24 hours.

No person shall occupy any manufactured home for sleeping or living other than in accordance with this article.

A manufactured home park shall contain a minimum of five acres, of which no more than 70 percent shall be covered with impervious surface and a minimum of 20 percent shall be dedicated to active and/or passive recreational facilities.

A manufactured home park shall have a maximum density of seven lots per acre when served by public water and/or sewer and a maximum density of two lots per acre when served by an individual water and/or sewer system.

Each lot within a manufactured home park shall be a minimum of 5,000 square feet if served by public water and/or sewer and 15,000 square feet if served by an individual water and/or sewer system.

Each lot within a manufactured home park shall be a minimum of 45 feet in width.

Each lot, accessory or service structure, or common parking facility within a manufactured home park shall be set back a minimum of 50 feet from the lot of the manufactured home park and set back from the street right-of-way line at least the minimum distance required by this article.

Each lot within a manufactured home park shall be separated from other lots and from service or accessory buildings and any common parking facility by a minimum of 20 feet.

All roads, streets, and access drives within a manufactured home park shall be private, shall be lighted, shall be a minimum of at least 24 feet wide with no on-street parking and an additional ten feet in width for each lane of on-street parking, and shall be constructed in accordance with applicable Township ordinances and regulations.

Each lot within a manufactured home park shall be provided a minimum of two paved parking spaces located on the manufactured home lot and with a bituminous or concrete surface. In addition, a minimum of one-half additional parking space per lot within the manufactured home park in a common visitor parking area. All parking areas shall be connected to interior roads or streets in the manufactured home park and shall not be accessed from any adjoining public road.

Each manufactured home located within the Township shall be provided with a minimum six-inch thick concrete pad or foundation, the length and width of which shall be at least equal to the length and width of the manufactured home, and shall be equipped with utility connections.

All areas within the manufactured home park not covered with paving shall be covered in a manner consistent with the landscape requirements of this chapter.

All manufactured home parks shall provide sidewalks permitting pedestrian access between individual lots, service and accessory buildings, and parking areas.

Each manufactured home lot may contain an outdoor patio area so long as such area does not intrude on the required setbacks established by this section or any other applicable ordinance or regulation.

Storage sheds, lean-tos or any other attachment to a manufactured home are permitted on each individual manufactured home Lot within a manufactured home park, but must be a maximum of 25 square feet and no greater than eight feet in height. If any larger structure is required for storage for any manufactured home lot within a manufactured home park, such storage shall be provided for residents of the manufactured home park in common storage facilities.

Each manufactured home park shall contain a structure designed for and identified as the office of the manufactured home park.

(Code 1993, ch. 27, § 928; Ord. No. 2001-1, § 928, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-277. - Manufactured homes for agricultural uses.

Within a zoning district in which a manufactured home for agricultural uses is permitted by special exception, the zoning hearing board may approve such a use, subject to the following requirements:

(1)

The manufactured home shall be an accessory use to an agricultural operation.

(2)

Not more than one manufactured home shall be permitted on each farm.

(3)

The manufactured home shall be set back a minimum of 100 feet from any street right-of-way, a minimum of 12 feet from all side lot lines and a minimum of 25 feet from all rear lot lines.

(4)

The manufactured home shall be permanently occupied by at least one person who is employed a minimum of 240 hours a year on the farm on which the mobile home is placed. A certificate of use and occupancy, as set forth in section 52-329, shall be renewed annually to determine compliance with this section. Upon failure to meet such occupancy requirement, said manufactured home shall be removed by the landowner within 30 days from receipt of notice to remove said manufactured home.

(5)

Each manufactured home shall be provided with an approved water supply and approved sewage disposal system.

(Code 1993, ch. 27, § 929; Ord. No. 2001-1, § 1003, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-278. - Medical and dental clinics and laboratories.

Within a zoning district in which a medical or dental clinic or laboratory is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the medical or dental clinic or laboratory facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

Except for storage and filing purposes, the medical or dental clinic or laboratory use shall be restricted to the first floor of the building.

(3)

(4)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(5)

The facility shall be served with public sanitary sewer and public water facilities.

(6)

(7)

(8)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(9)

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, § 930; Ord. No. 2001-1, § 927, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-279. - Mineral extraction.

Within a zoning district in which mineral extraction is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

No part of the open excavation or mineral extraction pit shall be located closer than 500 feet to any dwelling or residential zoning district.

(2)

No part of the mineral extraction operation shall be closer than 100 feet to any street right-of-way line.

(3)

No part of the mineral extraction operation shall be closer than 200 feet to a commercial zoning district.

(4)

No part of the mineral extraction operation shall be closer than 100 feet to any other industrial use.

(5)

Where a mineral extraction operation abuts another mineral extraction operation or an operating railroad right-of-way, no part of the mineral extraction operation shall be closer than 75 feet to such other mineral extraction operation or railroad right-of-way.

(6)

Truck access to any mineral extraction operation shall be arranged to minimize danger to traffic and nuisance to neighboring lots. The applicant shall provide an analysis of the physical conditions of the primary street system serving the proposed use. The analysis shall include information on the current traffic flows on this street system and projections of traffic generated by the proposed use. Improvements to the street system shall be provided by the applicant to ensure safe turning movements to and from the facility and safe movement of vehicles through the existing street system within the Township.

(7)

That portion of any street or driveway servicing the facility that is located within 100 feet of any dwelling or residential zoning district shall be provided with a dustless surface.

(8)

A landscape strip with a minimum width of 50 feet shall be located along all lot lines of the lot. No structures, storage, parking or other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the lot must not be located within this landscape strip.

(9)

Any area used for the loading, unloading, transfer, storage, processing or deposition of material related to the mineral extraction operation must be completely screened from ground level view at all lot lines. The use of an earthen berm is strongly encouraged where practical. In addition, such areas must be completely enclosed by an eight-foot-high fence with no openings greater than two inches in any direction.

(10)

At all stages of the mineral extraction operation, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding lots.

(11)

A mine reclamation plan shall be submitted to the Township for review and approval. Except as modified by the provisions of this chapter, said plan shall comply with all rules and regulations of the state department of environmental protection. Such plan shall accompany an application for a zoning permit and shall provide for the restoration, reclamation, reforestation or other corrective work required for all disturbed areas. The plan shall indicate the following:

The entire area disturbed by the mineral extraction operation shall be planted in such a manner so as to control soil erosion.

The entire area shall be graded whenever necessary to provide for the conveyance of stormwater. Finished grade shall not have a slope of less than two percent so as to provide for natural positive drainage.

Un-reclaimed stockpiles, overburden, refuse, plant facilities and equipment shall be removed immediately upon termination of operations and in no case shall such removal be delayed for more than six months.

Where screen plantings and fencing has been provided, the same shall remain where necessary for safety, and shall be continuously maintained in good repair by the landowner.

Within three years after the termination of the mineral extraction operation, the above reclamation activities must be completed as approved.

(Code 1993, ch. 27, § 931; Ord. No. 2001-1, § 937, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-280. - Mini-warehouses.

Within a zoning district in which a mini-warehouse is permitted by conditional use, the board of supervisors may approve such use, subject to the following requirements:

(1)

External storage spaces may be provided for the storage of privately-owned travel trailer and boats, so long as such external storage areas are screened from adjoining residentially zoned lots, adjoining residential uses, and adjoining streets, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.

(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, § 932; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-281. - Municipal buildings, including fire houses and emergency services.

Within a zoning district in which a municipal building is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Within the agricultural and airport commercial districts, the facility shall be located on non-tillable land where possible in order to preserve tillable land for agricultural purposes.

(2)

Within the R-4 district, the building containing the municipal building shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(3)

Within the R-4 district, there shall be no extension or exterior modifications to the building from how it existed prior to the date of the ordinance from which this chapter is derived other than as may be required for access or for safety.

(4)

Within the R-4 district, the facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(5)

Within the R-4 district, all required parking shall be located behind the front building line.

(6)

(7)

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the lot line of the facility, except where such disturbance is part of a warning system related to police, fire protection or emergency services.

(Code 1993, ch. 27, § 933; Ord. No. 2001-1, § 929, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-282. - Nature-based sports clubs.

Within a zoning district in which a nature-based sports club is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The facility shall be located on non-tillable land where possible in order to preserve tillable land for agricultural purposes.

(2)

(3)

Any development of the lot containing the facility shall be consistent with the comprehensive park and recreation plan of the Township.

(4)

(5)

(6)

(7)

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

(8)

The facility shall be designed in a manner that ensures it will not be detrimental to the use of adjoining lots due to hours of operation, noise, litter, dust and pollution.

(9)

The facility shall also comply with all requirements applicable to an outdoor amusement.

(Code 1993, ch. 27, § 934; Ord. No. 2001-1, § 930, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-283. - Nursing or retirement care facilities.

Within a zoning district in which a nursing or retirement care facility is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The nursing or retirement care facility shall comply with all lot, yard and height requirements, all setback requirements, and all standards applicable to the zoning district in which the facility is to be located, except as such requirements and standards may be specifically altered by this section.

(2)

No more than 12 occupants per acre shall be permitted, excluding the staff of the facility.

(3)

The facility shall be served with public sanitary sewer and public water facilities.

(4)

Within the R-4 district, the building containing the nursing or retirement care facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived, and there shall be no extension or exterior modifications to the building from how it existed prior to the date of the ordinance from which this chapter is derived, other than as may be required for access or for safety.

(5)

Within the R-4 district, the facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(6)

(7)

Sufficient exterior lighting shall be required to provide convenience and safety for people utilizing the facility; however, all lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent lots or public streets.

(8)

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the lot line of the facility.

(9)

Adequate access shall be provided for appropriate emergency medical personnel and equipment.

(10)

Sufficient off-street parking shall be provided to prevent traffic that is utilizing the facility from backing onto public streets. All required parking shall be located on the lot containing the facility. Within the R-4 district, all required parking shall be located behind the front building line.

(11)

At least ten percent of required parking spaces shall be designed for handicapped persons.

(12)

(13)

Identification signs shall be permitted in accordance with the provisions of this chapter; except that, within the R-4 district, one sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(14)

The owner of the facility shall be responsible for providing confirmation to the Township that all applicable local, state and federal approvals and permits have been obtained for the development and operation of the facility.

(15)

The applicant shall obtain a letter from the agency responsible for ambulance service in the vicinity of the use. Such letter shall describe the adequacy or inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to ensure adequate levels of service.

(Code 1993, ch. 27, § 935; Ord. No. 2001-1, § 931, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-284. - Outdoor amusements.

Within a zoning district in which an outdoor amusement is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

In addition to any other requirements of this chapter, the application for a zoning permit shall include:

The acreage and boundary of the principal lot to be used and any adjacent lots to be used in connection with the conduct of the outdoor amusement. An estimate of the normal and maximum number of persons participating in each use on the lots.

The names and addresses of the landowners of all lots involved with the proposed use.

The location and width of the right-of-way, cartway and berms of all public streets abutting the lots to be used along with the identification of such streets by name and state or Township route number.

A site plan showing the location of the lots containing the use with respect to all streets which traffic may be reasonably expected to use as a means of access to the lots, and showing all vehicular and pedestrian interior circulation patterns.

The landowner of the outdoor amusement shall submit a traffic study, prepared by a registered professional engineer experienced in traffic engineering, for approval by the Township. Said study shall indicate the effect the outdoor amusements and all vehicular traffic generated by such use will have on the street system within the Township. Where either the traffic study or the comprehensive plan of the Township indicates that a street, bridge, underpass or other street facility is deficient in any manner to adequately provide for the intended traffic, it shall be the responsibility of the landowner to provide for the upgrading of such street, bridge, underpass, or other street facility as is necessary to alleviate the deficiency.

The location and source of all existing and proposed water supplies and facilities.

The location, type and dimensions of all existing and proposed sanitary sewage facilities.

The location, type and dimensions of all existing and proposed garbage and refuse collection and disposal facilities along with a maintenance schedule of such facilities.

The location and type of materials to be used for all required screening areas and for all ground coverage.

Stormwater management calculations showing the effect of the proposed improvements to the lots containing the use in relation to the pre-development conditions.

The location and rating of all existing and proposed lighting fixtures and sound amplification systems or equipment as well as the direction of emission of light or sound from such facilities and equipment.

The location of all existing and proposed activity sites and sports fields with a description of the activities and sports to be handled by such facilities.

The location of all soils as designated by the USDA soil conservation service.

Information to sufficiently indicate the general grade and direction of slopes on the lots containing the use.

For campgrounds, the location of all existing and proposed campsite areas.

For country clubs and golf courses, the length of play for golf.

(2)

The use shall comply with the provisions of all laws of the state and of the United States applicable to the conduct of the use, and with all rules and regulations issued or promulgated by the state department of environmental resources or other agency or department of the state or of the United States.

(3)

The use shall be designed, conducted and maintained in accordance with the following:

The lots containing the use shall at all reasonable times be subject to the inspection of the Township.

The use shall at all times be conducted and maintained so as not to constitute a nuisance or a menace to the health, safety or welfare of the community or the adjacent residents.

The landowner of the lots containing the use shall be responsible for providing adequate traffic control to ensure the safe and orderly flow of traffic entering upon or exiting from the lots, from or onto all public streets abutting the lots.

The landowner of the lots containing the use shall be responsible for providing adequate measures to ensure that no vehicles are parked upon any part of the traveled portion of any public street or upon the lot of any landowner without the prior written consent of such landowner.

The landowner of the lots containing the use shall be responsible for the controlling of all stormwater and for the maintaining of all stormwater management, sediment and erosion control facilities in accordance with accepted criteria of the Township, county and state.

It shall be the responsibility of the landowner of the lots containing the use to adequately provide for the cleanup and proper disposal of all paper, bottles, cans, glass, metal, plastic and all other inorganic refuse deposited on the lots as well as upon any public street right-of-way, or upon the request of the landowner of any adjacent lot, any such materials or refuse deposited on the lot of said adjacent landowner. All required cleanup and disposal shall be completed within a period of 24 hours after the conclusion of the individual outdoor amusement event to which the deposited refuse is attributable.

The landowner of the lots containing the use shall be responsible for providing adequate and suitable containers on the lots for the deposit and storage of garbage, refuse and other organic and inorganic waste. No garbage or other organic waste shall be stored on the lots for a period exceeding 72 hours.

All necessary measures shall be taken to prevent and extinguish fires. Adequate equipment for minimizing fire hazards shall be required on the lots containing the use. All buildings and facilities shall be equipped with functional fire extinguishers of the proper class and type. It shall be the responsibility of the landowner to provide such firefighting equipment, either privately or by contract with an organized fire company.

It shall be the responsibility of the landowner of the lots containing the use to provide adequate security measures to ensure protection of persons and property of persons attending the outdoor amusement as well as persons and property in the vicinity of the lots from acts of trespassing, theft, mischief, vandalism, riot, rowdyism and destruction of property arising out of the conduct of persons attending the outdoor amusement. The type of security measures and the number of personnel so employed shall be subject to such standards as may reasonably be adopted under the particular circumstances.

It shall be the responsibility of the landowner of the lots containing the use to provide adequate medical care and facilities on the lots at all times during the conduct of the outdoor amusement.

Except for campgrounds, no outdoor amusement shall be conducted between the hours of 11:00 p.m. and 9:00 a.m.

(Code 1993, ch. 27, § 936; Ord. No. 2001-1, § 932, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-285. - Personal service shops and professional offices.

Within a zoning district in which a personal service shop or professional office is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the personal service shop or professional office facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

Except for storage and filing purposes, a personal service use shall be restricted to the first floor of the building.

(3)

(4)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(5)

The facility shall be served with public sanitary sewer and public water facilities.

(6)

(7)

(8)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(9)

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, § 937; Ord. No. 2001-1, § 933, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-286. - Public and private parks.

Within a zoning district in which a public or private park is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

All public and private parks shall be consistent with the comprehensive plan of the Township and the comprehensive park and recreation plan of the Township.

(2)

Within the agricultural district, the facility shall be located on non-tillable land where possible in order to preserve tillable land for agricultural purposes.

(3)

For private parks, no vehicular access shall be provided to the facility from an arterial or collector street.

(4)

(5)

(6)

All outdoor storage, parking and loading/unloading areas within a private park facility shall be screened from adjoining lots within a residential zoning district. Said screen shall be designed to provide a complete visual barrier within five years of the initial planting. The minimum width of the screen shall be five feet in the R-4 district and 20 feet in all other zoning districts.

(7)

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

(8)

A private park facility shall be designed in a manner that ensures the facility will not be detrimental to the use of adjoining lots due to hours of operation, noise, litter, dust and pollution.

(Code 1993, ch. 27, § 938; Ord. No. 2001-1, § 934, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-287. - Public and private schools.

Within a zoning district in which a public or private school is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Within the agricultural district, the maximum lot area shall not exceed 15 acres.

(2)

Within the R-4 district, the lot shall also have rear yard frontage on an alley.

(3)

Within the R-4 district, the building containing the school shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived, and there shall be no extension or exterior modifications to the building from how it existed prior to the date of the ordinance from which this chapter is derived, other than as may be required for access or for safety.

(4)

Within the R-4 district, all required parking shall be located behind the front building line.

(5)

Passenger drop-off and pick-up areas shall be provided and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the lot.

(6)

(Code 1993, ch. 27, § 939; Ord. No. 2001-1, § 935, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-288. - Public libraries.

Within a zoning district in which a public library is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the public library facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

(3)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(4)

The facility shall be served with public sanitary sewer and public water facilities.

(5)

(6)

(7)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(8)

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, § 940; Ord. No. 2001-1, § 936, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-289. - Regional anaerobic digesters.

Regional anaerobic digester systems are permitted by conditional use in the agricultural district, subject to the following:

(1)

The minimum lot area shall be 25 acres.

(2)

A traffic impact study analysis shall be provided, showing the following:

Existing traffic volume data for all roadways within 1,000 feet which provide access to the site.

Anticipated traffic volumes for the area identified in subsection (2)(a) of this section, resulting from the proposed use as well as background traffic growth.

Analysis of current and future levels of service for all intersections within the study area.

Physical analysis of all roadways identified in subsection (2)(a) of this section, including cartway width, shoulder width, pavement condition, horizontal and vertical curves, anticipated stormwater drainage characteristics, and sight distances.

(3)

The applicant shall submit a transportation study, detailing the effect of the anaerobic digester system on local roadways, including effect of vehicle weight, congestion, and noise.

(4)

The applicant shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be loaded/unloaded will not backup onto public streets.

(5)

The applicant shall provide a detailed description of the proposed use in each of the following topics:

The nature of the on-site activities and operations, the types of materials stored and used, the frequency and duration period of storage of materials and the methods for use and disposal of materials. In addition, the applicant shall furnish evidence that the use, handling, and disposal of materials will be accomplished in a manner that complies with state and federal regulations.

The general scale of operation in terms of its market area, specific space and area requirements for each activity, the total number of employees of each shift, and an overall needed site size.

(6)

Design and installation.

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.

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

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.

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.

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.

(7)

Height and setback requirements. Except as otherwise provided for under the provisions of the Pennsylvania Nutrient Management and Odor Management Act, no underground storage, in-ground storage, trench silo, earthen bank, stacking area or above ground storage facility related to the anaerobic digester system shall be located within 200 feet from any property line. No building, structure, or facility shall be located nearer than 300 feet to an existing residential building unless the owner of such residence waives this restriction in writing to the Township.

(8)

Decommissioning. The applicant shall submit a plan for the removal of the manure digestion facility when it becomes functionally obsolete or is no longer in use. The regional anaerobic digester owner shall notify the Township immediately upon cessation or abandonment of the operation and shall be responsible for the removal of the manure within six weeks from the date operation ceases.

(Code 1993, ch. 27, § 941; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-290. - Rental storage within farm buildings.

Within a zoning district in which rental storage within a farm building is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Rental storage shall only be permitted within a fully enclosed farm building that existed as of the date of the ordinance from which this chapter is derived.

(2)

No displays or change in any building shall indicate from the exterior that the building is being utilized for storage; no signs advertising the storage shall be permitted.

(3)

Rental storage shall be used solely for dead storage of property. The following lists examples of uses expressly prohibited upon the site:

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or similar equipment. An individual servicing, repairing, fabricating personal or business motor vehicles or equipment owned by the individual or company for which the units have been leased.

Processing, manufacturing, research and development testing.

Business offices.

Auctions, commercial wholesale or retail sales, or garage sales.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.

The establishment of a transfer and storage business.

Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.

The applicant shall adequately demonstrate that all rental storage rental contracts shall specifically prohibit these items.

(4)

All storage shall be kept within an enclosed building, except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited.

(5)

The applicant shall maintain an updated list of rental storage unit tenants and a general description of the materials stored within the units of the facilities. This list should be maintained on-site and made readily available to Township personnel and emergency responders.

(6)

Prior to the use and occupancy of the rental storage building, the street number for the lot shall be displayed in a location clearly visible and readable from all adjacent streets.

(7)

In addition to all other required permits, the owner of the rental storage building is required to obtain an inspection permit from the Township zoning officer every year. Permit fees for inspections shall be paid in January of each year, except for the first year when the fee shall be required to be paid at the time of the issuance of the use and occupancy permit. The cost of all inspection permits shall be established by resolution of the Township board of supervisors.

(Code 1993, ch. 27, § 942; Ord. No. 2001-1, § 939, 2-27-2001; Ord. No. 2004-2, §§ 44—46, 10-7-2004; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-291. - Residential conversion.

Within a zoning district in which a residential conversion is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

No dwelling unit shall have less than 800 square feet of floor area.

(2)

The lot area per dwelling unit shall be 3,000 square feet per dwelling unit plus 500 square feet for each additional bedroom.

(3)

The yard requirements for the district in which the building is located shall not be reduced.

(4)

The building containing the residential conversion shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(5)

There shall be no extension or exterior modifications to the building from how it existed prior to the date of the ordinance from which this chapter is derived, other than as may be required for access or for safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.

(6)

The facility shall be located on a lot with frontage along a public street. The lot shall also have rear yard frontage on an alley.

(7)

The facility shall be served with public sanitary sewer and public water facilities.

(8)

(9)

(Code 1993, ch. 27, § 943; Ord. No. 2001-1, § 938, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-292. - Restaurants, cafes and other establishments serving food and beverages.

Within a zoning district in which a restaurant, cafe or other establishment serving food and beverages is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the restaurant, cafe or other establishment serving food and beverages shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

Except for storage and filing purposes, the restaurant, cafe or other establishment serving food and beverages shall be restricted to the first floor of the building.

(3)

(4)

No drive-up, drive-in or drive-through facilities or services shall be permitted as a part of the use.

(5)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(6)

The facility shall be served with public sanitary sewer and public water facilities.

(7)

(8)

(9)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(10)

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, § 944; Ord. No. 2001-1, § 940, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-293. - Retail stores for the conducting of any retail business.

Within a zoning district in which a retail store is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the retail store facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

Except for storage and filing purposes, the retail store use shall be restricted to the first floor of the building.

(3)

(4)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(5)

The facility shall be served with public sanitary sewer and public water facilities.

(6)

(7)

(8)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(9)

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, § 945; Ord. No. 2001-1, § 941, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-294. - Riding academies.

Within a zoning district in which a riding academy is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

All stables shall be maintained so to minimize odors perceptible at the lot line.

(2)

All outdoor training and show facilities or areas shall be set back a minimum of 100 feet from all lot lines.

(3)

All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a fence with a minimum height of four feet. Said fence shall be located a minimum of ten feet from all lot lines.

(4)

All parking compounds and unimproved overflow parking areas shall be set back a minimum of ten feet from all lot lines. Barriers shall be provided around the unimproved parking areas to prevent the parking or movement of vehicles onto adjacent lot lines.

(5)

No riding or show events shall be permitted to use outdoor sound amplification which is perceptible at any lot line.

(6)

No activities other than grazing and normal farming activities shall be permitted between 11:00 p.m. and 9:00 a.m.

(7)

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, § 946; Ord. No. 2001-1, § 942, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-295. - Sales offices and lots for retail sales of automobiles, trucks, boats and farm equipment.

Within a zoning district in which a sales office or lot for the retail sales of automobiles, trucks, boats and farm equipment is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The building containing the sales office facility shall be located within a building which existed prior to the date of the ordinance from which this chapter is derived.

(2)

Except for storage and filing purposes, the sales office use shall be restricted to the first floor of the building.

(3)

(4)

The facility shall be located on a lot with frontage along an arterial or collector street. The lot shall also have rear yard frontage on an alley.

(5)

The facility shall be served with public sanitary sewer and public water facilities.

(6)

(7)

(8)

Outdoor storage of automobiles, trucks, boats or farm equipment shall be permitted behind the rear building line, or, if no building exists on the lot, not less than 30 feet from the street right-of-way line on which the lot has frontage.

(9)

One sign no larger than 12 square feet in size may be erected to advertise the facility. Such sign shall be set back a minimum of ten feet from all lot lines.

(10)

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, § 947; Ord. No. 2001-1, § 943, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-296. - Shopping center.

Within a zoning district in which a shopping center is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Minimum lot area: three acres.

(2)

Minimum gross floor area 30,000 square feet.

(3)

Minimum number of stores: six.

(4)

Minimum lot width at street line: 150 feet.

(5)

Minimum lot width at setback line: 200 feet.

(6)

Maximum lot coverage: 60 percent.

(7)

Minimum landscape area: 30 percent.

(8)

The yard setback and building height requirements of the Planned Commercial (PC) District shall apply.

(9)

Only one vehicular access shall be permitted from each street on which the shopping center has frontage, regardless of the number of lots within the shopping center.

(10)

The Township supervisors may require that a traffic study be submitted by the applicant where doubt exists concerning the adequacy of the existing or proposed street system to accommodate increased traffic from the shopping center development. Such study shall be prepared in sufficient detail to determine peak traffic volumes and road capacity and provide solutions to traffic congestion.

(Code 1993, ch. 27, § 948; Ord. No. 2001-1, § 944, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-297. - Solar energy systems.

Solar energy systems utilized as a principal use are subject to the following:

(1)

The layout, design, and installation of principal solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township building code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

(2)

For the purposes of this article, all at grade or above-grade features and facilities relating to ground mounted and/or freestanding solar energy systems, including solar photovoltaic cells, panels, or arrays, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing, and foundations shall be considered impervious surface and subject to the Maximum lot coverage requirements of the underlying zone, unless the applicant can demonstrate by credible evidence that stormwater will infiltrate into the ground beneath the solar collection systems at a rate equal to that of the infiltration rate prior to placement of the system. Whenever practical, all principal solar energy systems in the A Zone shall be attached to a building; or if ground mounted and/or freestanding, the applicant shall demonstrate by credible evidence that:

The area proposed for the principal solar energy systems does not predominantly consist of Class I, II and/or III soils, as identified in the soil survey, and is generally unsuitable for agricultural purposes; and

Such facilities cannot feasibly be attached to a building due to structural limitations of the building.

(3)

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(4)

All principal solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

(5)

Principal solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each underlying zone.

(6)

For the purposes of determining compliance with lot coverage standards of the underlying zone, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, and solar hot air or water collector devices shall be considered impervious.

(7)

All mechanical equipment of principal solar energy systems, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with section 52-153(e).

(8)

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

(9)

The applicant shall submit a plan for the removal of the principal solar energy systems when it becomes functionally obsolete or is no longer in use. The principal solar energy system owner is required to notify the Township immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within 12 months from the date the applicant ceases use of the facility or the facility becomes obsolete.

(Code 1993, ch. 27, § 949; Ord. No. 2017-5, § 1, 12-7-2017)

Sec. 52-298. - Special exceptions in the Conservation District.

Uses and structures in the Conservation District that require a special exception to be granted by the zoning hearing board shall be reviewed in accordance with chapter 14 of this Code when said uses and structures are also located within the floodplain district.

(Code 1993, ch. 27, § 950; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-299. - Storage, buying and selling of whole grains.

Within a zoning district in which the storage, buying and selling of whole grains is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

Maximum lot coverage: 50 percent.

(2)

Maximum storage capacity for combined storage facilities which sole purpose is for the storage of grains (including silos, hoppers, grain bins, etc.): 700,000 bushels.

(3)

A minimum of one off-street parking space must be provided on the lot for each employee. The parking area must be located a minimum of 15 feet from any lot line.

(4)

A loading area for one grain truck, a waiting area for a second grain truck, and adequate space for vehicular maneuvering shall be provided on the lot. The design of this loading area shall be reviewed by the Township engineer.

(5)

Provisions for the storage of a minimum of two grain trucks shall be provided on the lot within 25 feet of the primary storage area and a minimum of 30 feet from any lot line.

(6)

There shall be no processing of whole grains on the lot for the creation of foods or grain byproducts. Only storage, buying and selling of grains is permitted through the application of this conditional use.

(7)

All storage facilities, conveying apparatus, drying chambers and related accessory buildings such as offices, garages or equipment storage facilities shall be set back a minimum of 50 feet from all lot lines.

(8)

All fans used for silo ventilation or grain drying purposes shall be set back a minimum of 50 feet from all lot lines; provided, however, that any such fan shall not be located closer than 200 feet from all existing dwelling units other than the dwelling unit owned by the person operating the grain storage facility.

(Code 1993, ch. 27, § 951; Ord. No. 2001-1, § 945, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-300. - Stream improvements, fish hatcheries and ponds.

Within a zoning district in which a stream improvement, fish hatchery or pond is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

(2)

Any development of the lot containing the facility shall be consistent with the comprehensive park and recreation plan of the Township.

(3)

Sufficient off-street parking shall be provided to prevent traffic that is utilizing or servicing the facility from backing onto public streets. All required parking shall be located on the lot containing the facility.

(4)

(5)

(6)

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, § 952; Ord. No. 2001-1, § 946, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-301. - Temporary uses.

(a)

Uses which are not specifically permitted in a zoning district may be permitted on a temporary basis as authorized by the zoning officer under the following conditions:

(1)

The temporary use in no way exerts a detrimental effect upon the uses of land and activities normally permitted in the district;

(2)

The temporary use shall not be detrimental to the health and safety of the public, including traffic and pedestrian safety; and

(3)

The temporary use does not exceed a period of one week and no more than one event per year.

(b)

Temporary uses that do not meet the above-referenced criteria, may be considered by the zoning hearing board by special exception.

(Code 1993, ch. 27, § 953; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-302. - Water oriented structures such as docks, piers, wharves and marinas.

Within a zoning district in which a water oriented structure is permitted by conditional use, the board of supervisors may approve such a use, subject to the following requirements:

(1)

The structure, along with all support facilities, shall be located on non-tillable land where possible in order to preserve tillable land for agricultural purposes.

(2)

The structure, along with all support facilities, shall be located in a manner that will protect any natural resources existing within the lot. Natural resources shall include those resources identified within the Township comprehensive plan or any other environmental study approved by the board of supervisors and shall include, but not be limited to, floodplains, wetlands, water resources, woodlands, unique geologic features, natural wildlife habitats and slopes exceeding 15 percent.

(3)

Any development of the lot containing the facility shall be consistent with the comprehensive park and recreation plan of the Township.

(4)

(5)

(6)

(7)

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

(8)

The facility shall be designed in a manner that ensures it will not be detrimental to the use of adjoining lots due to hours of operation, noise, litter, dust and pollution.

(Code 1993, ch. 27, § 954; Ord. No. 2001-1, § 947, 2-27-2001; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-303. - Wind energy systems.

Wind energy systems utilized as a principal use are subject to the following:

(1)

The layout, design, and installation of principal wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township building code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

(2)

Principal wind energy systems shall not generate noise which exceeds 55 decibels nor ten decibels above ambient noise in any one hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited structure or nearest habitable structure setback on abutting property. The ambient sound measurement, known as "A-weighted sound level" is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90 percent of the time when the noise measurements are taken. The 55-decibel or ten-decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.

(3)

All on-site utility and transmission lines shall be placed underground.

(4)

All principal wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Manual regulation by wind energy system personnel shall not be considered a sufficient braking system for overspeed protection.

(5)

Principal wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

(6)

Wind turbines and towers shall not display advertising, except for reasonable identification of the principal wind system's manufacturer. Such sign shall have an area of less than four square feet.

(7)

Wind turbines and towers shall be a non-obtrusive color such as white, off-white or gray.

(8)

All principal wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent property.

(9)

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

(10)

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

(11)

No portion of any principal wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

(12)

All principal wind energy systems shall be independent of any other structure and shall be located a minimum distance of one and one tenth (1.1) times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.

(13)

The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.

(14)

All mechanical equipment of principal wind energy systems, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with screening and landscaping requirements of this article, and the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.

(15)

The applicant shall submit a plan for the removal of the principal wind energy system when it becomes functionally obsolete or is no longer in use. The principal wind energy system owner is required to notify the Township immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within 12 months from the date the applicant ceases use of the facility or the facility becomes obsolete.

(Code 1993, ch. 27, § 955; Ord. No. 2017-5, § 9, 12-7-2017)

Sec. 52-304. - Short-term rental units.

Within a zoning district in which short-term rental units are permitted by special exception, the zoning hearing board may approve such a use, subject to the following requirements:

(1)

In the conservation and agricultural zoning districts, the owner of the property, management company or other parties responsible for the management of the short-term rental unit shall have their primary residence within ten miles of the location of the proposed short-term rental unit. In all other zoning districts where short-term rental units are permitted, the owner, management company or other parties responsible for the management of the short-term rental unit must reside on the property, or within 1,500 feet of the property in which the short-term rental use is provided.

(2)

The maximum occupancy of a dwelling offered as a short-term rental use is two adults per bedroom.

(3)

The existing dwelling is not to be altered so as to create additional bedrooms.

(4)

Emergency contact. The owner of a short-term rental property shall provide the point of contact, as well as a second point of contact in case of an emergency. The contact information shall be provided to the Township as well as posted in a conspicuous location within the short-term rental unit.

(5)

Parking. Evidence of adequate parking shall be provided.

(6)

Properties utilized as short-term rentals, shall not be permitted to be used for special events and activities such as, but not limited to, banquets, weddings parties, and any other gathering of persons by other than the transient guest(s) of the short-term rental unit and only as an accessory use, or as otherwise permitted by this chapter.

(7)

No properties utilized as a short-term rental may offer specific amenities on the property for use by other than the transient guest(s).

(8)

Proper facilities for food and garbage disposal shall be provided.

(9)

Short-term rental units shall comply with chapter 8, article III, section 8-48 et al as applicable regarding life-safety requirements.

(10)

The owner of a short-term rental unit shall be required to comply with all other local, county and state regulations.

(11)

Permit required. The owner of a short-term rental unit for which approval has been granted by the Township zoning hearing board shall obtain an annual certificate of continued use and occupancy.

(Ord. No. 2024-3, § 3, 5-2-2024)