East Lampeter Township
City Zoning Code
City Zoning Code
ARTICLE XXIII
Supplemental Regulations
§ 375-23010 Purpose.
A.
The intent of Article XXIII of this chapter is to provide supplemental controls and regulations for particular uses that are permitted by right, special exception or conditional use, as specified under the various zoning districts established in this chapter. Unless otherwise specified, all uses referenced under Article XXIII shall comply with the provisions of the underlying zoning district to which the use is located as well as those standards contained under Article XXIII of this chapter.
B.
Should a discrepancy occur between the requirements specified under Article XXIII and the other provisions of this chapter, the more restrictive standards and specifications shall apply.
C.
For the uses permitted by right, the standards specified under Article XXIII of this chapter shall be satisfied as part of a subdivision plan, land development plan and/or zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.
D.
For uses permitted by special exception or conditional use, the standards specified under Article XXIII of this chapter shall be satisfied as part of the special exception application or conditional use application. East Lampeter Township may defer certain requirements to be satisfied as part of a subdivision plan, land development plan and/or zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.
E.
For the purposes of this Article XXIII of this chapter, any required setbacks imposed upon any use, building and/or structure, shall be measured from the boundary line of the site for which the proposed use, building and/or structure is requested, regardless of whether or not this line corresponds to a property line or a lease line.
F.
The regulations established under Article XXIII of this chapter shall be subject to the interpretation of the Zoning Officer. Should a dispute arise concerning the interpretation of these supplementary regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board.
§ 375-23020 Adult uses.
A.
Adult uses, as defined under § 375-2020 of this chapter, shall be permitted by special exception within the I-2 Zoning District.
Chart 375-23020: Adult Uses | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | P 1 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Setback Requirements | |||||||||||||
B.
The chart contained under § 375-23020A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23020 and the underlying zoning district provides specific regulations for adult uses.
C.
Terminology. The term "adult use" shall also be synonymous with the terms "adult business use" and "adult entertainment use." Subordinate definitions to adult uses are contained under the definition of "adult use" within § 375-2020 of this chapter.
D.
Legislative intent. The provisions for adult uses are hereby incorporated within this chapter in order to accomplish the following objectives:
(1)
It is hereby declared a matter of legislative declaration and belief that the morals of East Lampeter Township are threatened by the presence of adult uses as said term is hereinafter defined. These uses, and the type and character of the merchandise, paraphernalia and services sold in them, create an atmosphere of enticement for minors of East Lampeter 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 uses.
(2)
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.
(3)
The location of adult uses 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 uses, 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 uses in any one area.
(4)
It is the intent of the Board of Supervisors in enacting these regulations relative to adult uses to exercise only those powers granted to it. These regulations shall in no way be deemed to permit any adult use, as defined herein, which would otherwise be prohibited or in any way regulated by the East Lampeter Township Obscenity Ordinance, and other state, county or local ordinances.
(5)
Further, these regulations are enacted to promote, protect and facilitate the public health, safety, morals and general welfare of all residents of East Lampeter Township.
(6)
No adult use may change to another adult use, unless it has been approved by East Lampeter Township.
E.
Area and utility requirements. The following general provisions shall apply to adult uses:
(1)
A minimum of 40,000 square feet of net land area shall be required to accommodate an adult uses.
(2)
The adult use shall comply with the minimum and maximum dimensional requirements specified for an adult business and adult entertainment use under the Business Park (BP) Zoning District.
(3)
Adult businesses and adult entertainment uses shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan.
(4)
Adult businesses and adult entertainment uses shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(5)
All other utility provisions serving adult uses shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(6)
Unless otherwise specified under § 375-23020 of this chapter, adult uses shall comply with all other pertinent area, bulk and height requirements of the zoning district in which the adult use is located.
F.
Proximity requirements. The following minimum spacing and proximity requirements shall apply to adult uses:
(1)
No adult use shall be located within 1,000 feet of any other adult use. The distance between any two adult uses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of separately deeded lots upon which each facility is located.
(2)
No adult use shall be located within 1,000 feet of a residential zoning district. The distance between any adult use and a residential zoning district shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the separately deeded lot upon which the adult use is located to closest point to a residential zoning district.
(3)
No adult use shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:
(a)
Amusement park;
(b)
Campgrounds;
(c)
Community center;
(d)
Day-care facility;
(e)
Library;
(f)
Museum;
(g)
Orphanage;
(h)
Places of worship;
(i)
Recreation use; and/or
(j)
School.
(4)
The distance between any adult use and the use specified under § 375-23020 shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the deeded lot upon which the adult use is located to the closest point on the property line of the specified use.
(5)
No more than one adult use may be located within one building, shopping center, or be located on the same deeded lot.
G.
Visibility. The following provisions shall apply to the visibility of an adult use from the street:
(1)
No person operating an adult use 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, sidewalk or highway.
(2)
Any building or structure used and occupied as an adult use shall have an opaque covering over all windows and doors of any area in which materials, merchandise, or film are exhibited or displayed. No sale materials, merchandise, or film shall be visible from outside the building or structure.
(3)
There shall be no display of sexual oriented devices, specified anatomical areas, or specified sexual activities that can be seen from the exterior of the building, this would include seen through open doors or windows.
(4)
No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure.
(5)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, or film offered therein.
(6)
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter and warning all other persons that they may be offended upon entry.
H.
The applicant shall furnish evidence satisfactory to East Lampeter Township that the proposed use will not be detrimental to the use of adjoining lots due to hours of operation, light, noise and/or litter.
I.
The applicant shall furnish evidence satisfactory to East Lampeter Township as to how the use will be controlled so as to not constitute a nuisance, particularly concerning noise, lighting and loitering outside the building.
J.
Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and/or screened with landscaping materials. All containers or dumpsters shall be enclosed, vermin proof and have adequate storage capacity to accommodate the projected volumes of solid waste. All containers or dumpsters shall be located in the side or rear yard and be set back a minimum of 50 feet from the property line.
K.
A working plan for the cleanup of litter shall be furnished and implemented by the applicant, subject to the approval by East Lampeter Township.
L.
The adult use shall comply with all other applicable regulations specified by East Lampeter Township, including, but not limited to, the requirements for landscaping, lighting, off-street loading, off-street parking, and signage.
M.
Consistent construction. It is the intent of these adult use regulations that they be construed consistently with Ordinance No. 87-1982[1] regulating obscenity (hereinafter "The East Lampeter Township Obscenity Ordinance"); and 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 East Lampeter Township Obscenity Ordinance. Furthermore, it is the intent of these adult use regulations to regulate those adult uses 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. For if they were obscene, they would be prohibited by the aforesaid East Lampeter Township Obscenity Ordinance. In the event such consistent construction is impossible, then any conflict shall be resolved to the end that the provisions of the East Lampeter Township Obscenity Ordinance, as may be amended shall prevail.
[1]
Editor's Note: Ordinance No. 87 was repealed 6-3-2002 by Ord. No. 232.
N.
Permits required. No person shall operate an adult use without first obtaining a use and occupancy permit as provided by § 375-25030 of this chapter and all other applicable permits required by law.
§ 375-23030 Agricultural operation.
A.
Agricultural operation, as defined under § 375-2020 of this chapter, shall be permitted by right within all zoning districts established by this chapter.
Chart 375-23030: Agricultural Operation | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 |
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Setback Requirements | |||||||||||||
B.
The chart contained under § 375-23030A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23030 and the underlying zoning district provides specific regulations for agricultural operations.
C.
Area and utility requirements. The following general provisions shall apply to agricultural operations:
(1)
The minimum land area requirements for an agricultural operation shall be as follows:
(a)
An agricultural operation shall be located on a farm containing a minimum of 10 acres of land area.
(b)
Agricultural uses containing less than 10 acres shall not be considered an agricultural operation.
(c)
Residential gardens located on a property shall be subject the requirements of the zoning district on which the residential use is located and the provisions contained under § 375-22030 of this chapter.
(2)
Agricultural operations shall be serviced by public, or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Agricultural operations shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving agricultural operations shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(5)
Unless otherwise specified under§ 375-23030 of this chapter, agricultural operations shall comply with all other pertinent area, bulk and height requirements of the zoning district in which the agricultural operation is located.
D.
Setback requirements. The following specific setback requirements shall apply to agricultural operations:
(1)
Poultry houses for housing 500 or more birds shall comply with the following setback requirements:
(a)
The poultry house shall not be located within 250 feet from a building occupied by a residential use and utilized for human habitation as of the effective date of this chapter. This setback requirement shall not apply to a residential use or building utilized for human habitation that is located on the same property of the agricultural operation.
(b)
The poultry house shall not be located within 150 feet of any property line or street right-of-way lines.
(2)
Poultry houses for housing more than 100 birds but fewer than 500 birds shall not be located within 100 feet of any property line, street right-of-way line and/or building utilized for human habitation.
(3)
Structures for housing more than 25 head of livestock shall not be located closer than 50 feet from all property lines and street right-of-way lines, except as specified in § 375-23030D(4) of this chapter. Feed lots or outside areas designated and utilized for the feeding or holding of more than 25 head of livestock, not including general pasture areas shall be subject to the same location requirements as structures.
(4)
If the landowner of the proposed structure owns the land on the other side of the street opposite the location of the proposed structure, such structure shall be located at least 50 feet from the street right-of-way line; provided, however, that the structure shall not be closer than 100 feet to the property line.
(5)
All other building and/or structures utilized for agricultural operations shall comply with the setback requirements of the zoning district on which the agricultural operation is located.
(6)
An agricultural control filter strip shall be maintained between cultivated land and all public streets within East Lampeter Township. The filter strip shall be kept as a permanently maintained, weed-free, vegetative buffer. The width of the filter strip shall be six feet in width, as measured from the edge of the street cartway.
(7)
Adjacent landowners and uses shall not cause a disruption with the normal functions of an agricultural operations through: the planting of trees or vegetation along the property line: erecting building, structures or fences along the property line; and/or directing any fume, odors, light, glare, dust, smoke, toxic gas, radiation, heat, chemicals or other perceptible nuisances that impact the agricultural operation.
E.
Manure storage. A manure storage facility, including manure digesters and biosolid facilities, may be permitted as an accessory use to agricultural operations, subject to the following requirements:
(1)
A manure storage facility shall be located, designed and constructed in accordance with state and federal laws, including the guidelines outlined within the publication Manure Management for Environmental Protection, Bureau of Water Quality Management, Publication No. 43, as may be amended and revised by the Pennsylvania Department of Environmental Protection.
(2)
A manure storage facility shall not be located within 250 feet from a residential use or building that is utilized for human habitation as of the effective date of this chapter. This setback requirement shall not apply to a residential use or building utilized for human habitation that is located on the same property of the agricultural operation.
(3)
A manure storage facility shall not be located within 150 feet of any property or street right-of-way lines.
F.
Nutrient management. Agricultural operations may be required to prepare and submit a Nutrient Management Plan to the appropriate county, state and federal agencies. All agricultural operations shall comply with the Pennsylvania Nutrient Management Act of 1993, as amended.[1]
[1]
Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
G.
Conservation management. Any agricultural operations that involve earth moving activities shall provide proof of the obtainment of an approved conservation plan, where required by the Lancaster County Conservation District, pursuant to Chapter 102, Erosion Control, of Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection. All on-site activities shall be in compliance with the approved conservation plan.
H.
Additional requirements. The following provisions shall also apply to agricultural operations:
(1)
All agricultural operations shall comply with all local, state and federal laws concerning manure management, nutrient management, fertilizer applications, biosolid or sludge applications, water supply, stormwater management, erosion and sedimentation control, and sanitary sewage disposal.
(2)
Agricultural operations shall comply with all other applicable general regulations, including, but not limited to, the requirements for landscaping, lighting, noise, driveways and access lanes, off-street loading, off-street parking and signage.
I.
Other uses. Agricultural operations that exceed the parameters specified under § 375-23030 of this chapter may be classified as other uses that are further defined and regulated by this chapter.
J.
Agricultural nuisance disclaimer. Based upon the activities and practices from normal agricultural operations, the landowners, residents, and other users of properties within East Lampeter Township and the surrounding municipalities may be subjected to inconvenience and discomfort arising from normal and accepted agricultural operations, including, but not limited to, noise, odors, dust, the operation of machinery or aircraft, the storage and disposal of manure, and the application of fertilizers, herbicides and pesticides. Landowners, residents and the users of parcels of land within those areas should be prepared to accept these conditions and are hereby put on official notice that the Pennsylvania Right to Farm Law may bar them from obtaining a legal judgment against normal agricultural operations. Where appropriate, a note shall be provided on subdivision plans and land development plans.
§ 375-23040 Airports, heliports and drones.
A.
Airports, heliports and drones, as further defined under § 375-2020 of this chapter, shall be as follows:
(1)
An airport or heliport shall be permitted by special exception within the I-1 Zoning District.
(2)
A drone or unmanned aerial vehicle shall be permitted as an accessory and private use within any zoning district, provided that it is operated on the same property as the principal use.
(3)
A drone or unmanned aerial vehicle shall be permitted as an accessory use for a permitted nonresidential use, provided that it is operated within the AG, C-2, C-3, I-1, I-2 and BP Zoning Districts.
Chart 375-23040: Airports and heliports. | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 2, 3 | A 2 | A 2 | A 2 | A 2 | A 2, 3 | A 2, 3 | A 2, 3 | A 2, 3 | A 2, 3 | A 2 | A 2 | A 2 | A 2 | A 2 |
Special exception | P 1 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Setback Requirements | |||||||||||||
2 = Drones utilized for private uses on the same property | 3 = Drones utilized for nonresidential uses in certain zoning districts | ||||||||||||||
B.
The chart contained under § 375-23040A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23040 and the underlying zoning district provides specific regulations for airports, heliports and drones.
C.
General compliance. The following general provisions shall apply to airports and heliports:
(1)
A minimum of 30 contiguous acres of land shall be required to accommodate an airport or heliport facility.
(2)
Airports and heliports shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Airports and heliports shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(5)
Unless otherwise specified under § 375-23040 of this chapter, airports and heliports shall comply with all other pertinent area, bulk and height requirements of the zoning district in which the airport or heliport is located.
(6)
All airports and heliports shall comply with the provisions of § 375-21030 of this chapter.
(7)
All facility operations shall be reviewed and permitted by the Federal Aviation Administration and the Pennsylvania Department of Transportation.
D.
Setback requirements. The following setback requirements shall apply to airports and heliports:
(1)
All buildings, runways, landing strips, landing pads and/or other accessory structures related to the airport or heliport shall be located at least 100 feet from all street right-of-way lines and property lines.
(2)
No residential dwelling or facility where children regularly congregate shall be permitted within or vertically below any designated runway approach surface zone for a distance of 500 feet from the end of the designated primary surface zone for the runway, as established by either the Pennsylvania Department of Transportation, Bureau of Aviation, or the Federal Aviation Agency, whichever area is greater.
(3)
Storage and sale of aviation fuels is permitted, provided any such storage and sales area is located a minimum distance of 100 feet from any street right-of-way line or lot line.
E.
General requirements. The following general provisions shall also apply to airports and heliports:
(1)
Any areas to be used by aircraft or helicopters under its own power shall be provided with a dustless surface.
(2)
All outdoor storage, parking and loading areas shall be screened from adjoining properties that are within a residential zoning district. The landscaping screen or buffer yard shall be designed to provide a complete visual barrier within five years of the initial planting. Areas designated for aircraft parking or tie-down space shall not be considered as outdoor storage, parking or loading area.
(3)
Vending machines, snack bars, newsstands, government installations, air service and industry offices, and aircraft repair facilities may be permitted within completely enclosed buildings where the Zoning Hearing Board determines that the facility is directly related to the services provided by the airport or heliport.
(4)
Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be enclosed, vermin proof and have adequate storage capacity to accommodate the projected volumes of solid waste. Areas for trash and rubbish shall be located at least 50 feet from any property line or street right-of-way line.
F.
Drones.
(1)
The following general provisions shall apply to drones or unmanned aerial vehicle:
(a)
A drone shall be considered as a personal unmanned aerial vehicle utilized on a private property and/or within certain zoning districts within East Lampeter Township.
(b)
A private drone or personal unmanned aerial vehicle may be permitted as an accessory use in all zoning districts, provided that it is operated within the air space above the principal use and on the same property.
(2)
Unless permitted by the Board of Supervisors, no drones or personal unarmed aerial vehicles shall be operated on or within the airspace of lands owned by East Lampeter Township.
(3)
All drones or personal unarmed aerial vehicles shall comply with all local, state and federal regulations as well as the provisions specified under § 375-21030 of this chapter.
G.
As part of the special exception application, the Zoning Hearing Board may require additional conditions and safeguards in order to protect and promote the health, safety and welfare of the community and the character of the neighborhood in which the proposed airport or heliport facility is to be erected.
§ 375-23050 Alternative energy facilities.
A.
Alternative energy facilities, as defined under § 375-2020, shall be permitted as follows:
(1)
Alternative energy facilities operated as a local service and/or as an accessory use shall be further regulated under the provisions specified by § 375-23050.1 of this chapter.
(2)
Alternative energy facilities, as a principal use, shall be further regulated under the provisions specified by § 375-23050.2 of this chapter.
B.
Specific terms relative to "alternative energy facilities" that are utilized within this section are further defined under § 375-2020 of this chapter.
§ 375-23050.1 Alternative energy facilities as accessory use.
A.
Purpose and objective.
(1)
East Lampeter Township seeks to provide opportunities for alternative energy facilities as an accessory use while regulating the use of potentially intrusive facilities, equipment and machinery.
(2)
The purpose of § 375-23050.1 of this chapter is to establish provisions for the design, permitting, construction and operation of alternative energy facilities as an accessory use within East Lampeter Township, subject to reasonable conditions that will protect the public health, safety and/or general welfare of the community.
B.
Applicability and permitted uses. This section of this chapter shall apply to all alternative energy facilities that are proposed to be constructed after the effective date of this chapter. Alternative energy facilities that are designed and utilized as an accessory use shall be permitted as follows:
(1)
Alternative energy facilities designed and utilized as an accessory use, which may include geothermal heat pumps, solar energy systems, wind turbines or wind energy facilities, shall be permitted within all zoning districts established by this chapter.
(2)
Alternative energy facilities designed and utilized as an accessory use, which may include geothermal heat pumps, solar energy systems, wind turbines, wind energy facilities or wood-fired boilers, shall be permitted as an accessory use by right within the AG and R-1 Zoning Districts, subject to the applicable provisions specified under § 375-23050.1 of this chapter.
(3)
Alternative energy facilities designed and utilized as an accessory use, which may include manure digesters, shall be permitted by conditional use within the AG, I-1 and I-2 Zoning Districts, subject to the applicable provisions specified under § 375-23050.1 of this chapter.
(4)
Alternative energy facilities designed and operated as a local service area facility, which may include geothermal heat pumps, solar energy systems, wind turbines or wind energy facilities, shall be permitted by right within the I-1, I-2 and BP Zoning Districts, subject to the provisions specified under § 375-23050.1 of this chapter.
Chart 375-23050.1: Alternative Energy Facilities as Accessory Use | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1, 2 | A 1, 2 | A 1 | A 1 | A 1 | A 1, 4 | A 1, 4 | A 1, 4 | A 1, 4 | A 1, 4, 5 | A 1 | A 1 | A 1 | A 1 | A 1 |
Special exception | |||||||||||||||
Conditional use | A 3 | A 3 | A 3 | ||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Geothermal, Solar, Wind Systems | 2 = Wood-Fire Boilers | ||||||||||||||
3 = Manure Digesters | 4 = Local Service Area Facility 5 = Battery Storage within an enclosed building | ||||||||||||||
(5)
The chart contained under § 375-23050.1B of this chapter has been provided as a general reference guide. The provisions contained under § 375-23050.1 and the underlying zoning district provides specific regulations for alternative energy facilities as an accessory use.
(6)
Alternative energy facilities designed and utilized as a principal use are permitted by conditional use in the AG, I-1, I-2 and BP Zoning Districts, subject to the provisions of § 375-23050.2 of this chapter.
(7)
Alternative energy facilities constructed prior to the effective date of this section of this chapter shall not be required to meet the requirements specified under this section of this chapter. Any physical modification to an existing alternative energy facility that alters the size, type and generating capacities of the facilities (old and new) shall require a permit and shall comply with the applicable provisions specified under this section of this chapter.
(8)
Alternative energy facilities as an accessory use may be utilized as the primary energy source for the principal use on the lot on which it is located. Surplus energy may be exchanged, transferred and/or sold to a public or private utility company, provided that such surplus energy is exchanged, transferred and/or sold in accordance with the provisions established by the Public Utility Commission and Public Utility Code.
(9)
Private energy and utility providers, as defined under § 375-2020 of this chapter, shall comply with all provisions established by the Public Utility Commission and the Public Utility Code.
C.
Land use and dimensional requirements.
(1)
Geothermal heat pumps. The following provisions shall specifically apply to geothermal heat pumps and appurtenant structures that are designed with a closed loop system:
(a)
Geothermal heat pumps shall be permitted by right as an accessory use, provided that such facilities are located on a lot with a permitted use in accordance with the provisions of this chapter.
(b)
If the geothermal heat pumps are located within the AG, I-1, I-2 and BP Zoning Districts, the geothermal heat pump may be the principal use of the property. All such principal uses shall be permitted by conditional use, subject to § 375-23050.2 and § 375-25080 of this chapter.
(c)
All geothermal heat pumps shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.
(d)
Geothermal heat pumps that are designed as an attached alternative energy facility shall be permitted provided that all appurtenant structures and/or facilities associated with their operation do not exceed the permitted maximum building height requirements for accessory buildings, with no exceptions, of the zoning district on which it is located.
(e)
All geothermal heat pumps and appurtenant structures and/or facilities associated with their operation shall be setback from all property lines a distance of not less than the normal setback requirements for accessory buildings/structures in that zoning district or at least 15 feet from all property lines and all street right-of-way lines, whichever is larger. The required setback distance shall be measured from the nearest edge of the geothermal heat pump and appurtenant structures and/or facilities associated with their operation to the property line or right-of-way line. All geothermal heat pumps and/or any appurtenant structures and/or facilities associated with their operation shall comply with the building and lot coverage requirements of the zoning district on which it is located.
(f)
No visible appurtenant structures and/or facilities associated with the operation of a geothermal heat pump shall be permitted in the front yard of the lot on which it is located and shall be a minimum of 15 feet to the rear of the front face of the principal building.
(g)
The use shall emit no noise, glare, odor, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat or any other perceptible or objectionable nuisances that would impact or affect neighboring properties, or be noticeable at the property line.
(h)
Geothermal heat pumps designed with an open loop system shall be prohibited.
(2)
Solar energy systems. The following provisions shall specifically apply to solar energy systems and appurtenant structures and/or facilities associated with their operation:
(a)
Solar energy systems shall be permitted by right as an accessory use provided that such facilities are located on a lot with a permitted use in accordance with the provisions of this chapter.
(b)
If the solar energy system is located within the AG, I-1, I-2 and BP Zoning Districts, the solar energy system may be the principal use of the property. All such principal uses shall be permitted by conditional use, subject to § 375-23050.2 and § 375-25080 of this chapter.
(c)
All solar energy systems and/or any appurtenant structures and/or facilities associated with their operation shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.
(d)
Solar energy systems and/or any appurtenant structures and/or facilities associated with their operation that are designed as an attached alternative energy facility shall be permitted, provided that all structural components of the solar energy system do not exceed the permitted maximum building height requirements, with no exceptions, of the zoning district on which it is located.
(e)
Solar energy systems and/or any appurtenant structures and/or facilities associated with their operation, designed and permitted as a freestanding alternative energy facility shall not exceed 15 feet in height and shall be located a distance of not less than the normal setback requirements for accessory buildings/structures in that zoning district or at least 15 feet from a property line. All such solar energy systems and/or any appurtenant structures or facilities associated with their operation shall comply with the building and lot coverage requirements of the zoning district on which it is located. Lot coverage for solar energy systems, and/or any appurtenant structures and/or facilities associated with their operation, shall be calculated as total covered area including any movement, as viewed on plan view (aerial view). The required setback distance shall be measured from the closest part of the solar energy panel and/or any appurtenant structures and/or facilities associated with their operation to all property lines.
(f)
Solar energy systems and/or any appurtenant structures and/or facilities associated with their operation that are designed and permitted as a freestanding solar energy systems shall be setback not less than 1.1 times the height of the solar energy systems, and/or any appurtenant structures and/or facilities associated with their operation height. The required setback distance shall be measured from the nearest edge of the solar energy systems and/or any appurtenant structures or facilities associated with their operation to the nearest point of any/all occupied buildings.
(g)
All solar energy systems and/or any appurtenant structures and/or facilities associated with their operation shall be setback from all property lines a distance of not less than the normal setback requirements for accessory buildings/structures in that zoning district or 1.1 times the solar energy systems height, whichever is greater. The required setback distance shall be measured from the nearest edge of the solar energy systems and/or any appurtenant structures or facilities associated with their operation to the property line.
(h)
No solar energy systems, and/or any appurtenant structures and/or facilities associated with their operation, shall be permitted in the front yard of the lot on which it is located and shall be a minimum of 15 feet to the rear of the front face of the principal building, with the exception of roof-mounted solar panels.
(i)
All solar energy systems, and/or any appurtenant structures and/or facilities associated with their operation, shall be setback from all public roads a distance of not less than 1.1 times the solar energy systems height, as measured from the nearest edge of the solar energy systems to the right-of-way line of all public roads.
(j)
Solar energy panels shall be designed and located in order to eliminate glare towards any occupied residential use adjacent properties and/or any street right-of-way.
(k)
The use shall emit no noise, glare, odor, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat or any other perceptible or objectionable nuisances that would impact or affect neighboring properties, or be noticeable at the property line.
(3)
Wind turbines or wind energy facilities. The following provisions shall specifically apply to wind turbines or wind energy facilities and/or appurtenant structures and/or facilities associated with their operation:
(a)
Wind turbines or wind energy facilities shall be permitted by right as an accessory use provided that such facilities are located on a lot with a permitted use in accordance with this chapter.
(b)
If the wind turbines or wind energy facilities are located within the AG, I-1, I-2 and BP Zoning Districts, the wind turbines or wind energy facilities may be the principal use of the property. All such principal uses shall be permitted by conditional use, subject to the provisions of § 375-23050.2 and § 375-25080 of this chapter.
(c)
All wind turbines or wind energy facilities and/or any appurtenant structures and/or facilities associated with their operation, shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.
(d)
All wind turbines and wind energy facilities shall be equipped with a redundant braking system, which shall include both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
(e)
Wind turbines or wind energy facilities, and/or any appurtenant structures and/or facilities associated with their operation, that are designed as an attached alternative energy facility shall be permitted provided that all structural components of the solar energy system do not exceed the permitted maximum building height requirements of the zoning district on which it is located.
(f)
Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(g)
The minimum height of a wind turbine or wind energy facilities shall be 15 feet, as measured from the ground surface to the tip of the blade at its lowest turning movement.
(h)
The maximum height of a wind turbine or wind energy facilities, and/or any appurtenant structures facilities associated with their operation, shall be 50 feet, as measured from the ground surface to the tip of the blade at its highest turning movement.
(i)
Wind turbines or wind energy facilities, and/or any appurtenant structures and/or facilities associated with their operation, which are designed and permitted as a freestanding alternative energy facility shall be setback not less than 1.1 times the turbine height. The required setback distance shall be measured from the edge of the wind turbine base or any appurtenant structures or facilities associated with their operation, to the nearest point of any/all occupied buildings.
(j)
All wind turbines or wind energy facilities and/or any appurtenant structures and/or facilities associated with their operation shall be setback from all property lines a distance of not less than the normal setback requirements for accessory buildings and structures in that zoning district or 1.1 times the wind turbines or wind energy facilities, and/or any appurtenant structures and/or facilities associated with their operation, height, whichever is greater. The required setback distance shall be measured from the nearest edge of the wind turbines or wind energy facilities to the property line. All wind turbines or wind energy facilities and/or any appurtenant structures and/or facilities associated with their operation shall comply with the building and lot coverage requirements of the zoning district on which it is located.
(k)
No wind turbine or wind energy facilities, and/or any appurtenant structures and/or facilities associated with their operation, shall be permitted in the front yard of the lot on which it is located and shall be a minimum of 15 feet to the rear of the front face of the principal building.
(l)
All wind turbines or wind energy facilities, and/or any appurtenant structures and/or facilities associated with their operation, shall be setback from all public roads a distance of not less than 1.1 times the turbine height, as measured from the nearest edge of the wind turbine base or wind energy facilities and/or any appurtenant structures and/or facilities associated with their operation, to the right-of-way line of all public roads.
(m)
The use shall emit no noise, glare, odor, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat or any other perceptible or objectionable nuisances that would impact or affect neighboring properties or be noticeable at any property line.
(n)
All wind turbines or wind energy facilities shall have no shadow flicker at the property line or beyond the property line.
(4)
Wood-fired boilers. The following provisions shall specifically apply to wood-fired boilers and the appurtenant structures and/or facilities associated with their operation:
(a)
Wood-fired boilers and appurtenant structures and/or facilities associated with their operation shall be permitted by right as an accessory use within the AG and R-1 Zoning Districts, provided that such facilities are located on a lot with a permitted use in accordance with the applicable provisions of this chapter.
(b)
Wood-fired boilers may be located on a lot, provided that it is located, designed and installed considering the health, safety and/or general welfare of the adjacent property owners.
(c)
Wood-fired boilers shall be located on a conforming lot with a minimum lot area of two acres.
(d)
Wood-fired boilers shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.
(e)
Wood-fired boilers and appurtenant structures and/or facilities associated with their operation, designed as a freestanding alternative energy facility shall have a minimum height of 10 feet and maximum height of 20 feet.
(f)
Wood-fired boilers shall comply with the building and lot coverage requirements of the zoning district on which it is located.
(g)
Wood-fired boilers and appurtenant structures and/or facilities associated with their operation shall be setback from all property lines a distance of not less than 150 feet from any property line and any street right-of-way line. The required setback distance shall be measured from the nearest edge of the wood-fired boiler and any appurtenant structures and/or facilities associated with their operation, to all property lines and street right-of-way lines.
(h)
No wood-fired boilers, and/or any appurtenant structures and/or facilities associated with their operation, shall be permitted in the front yard of the lot on which it is located and shall be a minimum of 15 feet to the rear of the front face of the principal building.
(i)
Wood-fired boilers shall be installed, operated and maintained in accordance with all pertinent state and federal emissions requirements.
(j)
Wood-fired boilers shall only burn clean wood, wood pellets made from clean wood, home heating oils, natural gas, propane, or other approved substance that is specified by state and federal guidelines for wood-fired boilers.
(k)
The following materials shall be prohibited as a burning element or fuel for a wood-fired boiler: treated or painted wood; furniture; garbage; tires; lawn clipping or yard waste; plastic; rubber; petroleum waste; paints and paint thinners; chemicals; hazardous waste; coal; glossy colored paper; construction and demolition debris; plywood; particleboard; salt water driftwood; manure; animal carcasses; and/or asphalt products.
(l)
It shall be unlawful to burn materials that classified and/or categorized as biological waste, hazardous waste, infectious waste, pathological waste, municipal waste, residual waste, nuclear waste and/or untreated sewage waste, as defined by the Pennsylvania Department of Environmental Protection and the Pennsylvania Solid Waste Management Act.
(m)
No person shall cause, suffer or permit the burning of any material in a manner that:
[1]
The emissions are visible, at any time, at the point such emissions pass outside the property of the person on whose land the wood-fired boiler and appurtenant structures and/or facilities associated with their operation are located;
[2]
Malodorous air contaminants from the burning are detectable outside the property of the person in whose land the wood-fired boiler and appurtenant structures and/or facilities associated with their operation are located;
[3]
The emissions interfere with the reasonable enjoyment of life or property;
[4]
The emissions cause damage to vegetation or property; or
[5]
The emissions are or may be deleterious to human or animal health.
(n)
The use shall emit no noise, glare, odor, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat or any other perceptible nuisances that would impact or affect neighboring properties, or be noticeable at the property line.
(5)
Manure digesters. The following provisions shall specifically apply to manure digesters and the appurtenant structures and/or facilities associated with their operation.
(a)
Manure digesters as an accessory use shall be permitted by conditional use in the AG, I-1 and I-2 Zoning Districts, provided that such facilities are located on a lot with a permitted use in accordance with the applicable provisions of this chapter.
(b)
Manure digesters may be located on a lot, provided that it is located, designed and installed considering the health, safety and/or general welfare of the adjacent property owners.
(c)
Manure digesters shall be designed and located in order to minimize smoke and odor that is emitted and directed towards an occupied residential use.
(d)
Manure digesters and appurtenant structures and/or facilities associated with their operation shall be located on a conforming lot with a minimum lot area of 10 acres.
(e)
Manure digesters shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.
(f)
Manure digesters and appurtenant structures and/or facilities associated with their operation, designed as an alternative energy facility shall have a maximum height of 30 feet.
(g)
Manure digesters shall comply with the building and lot coverage requirements of the zoning district on which it is located.
(h)
Manure digesters shall be setback from all property lines a distance of not less than 150 feet from any property line and any street right-of-way line. The required setback distance shall be measured from the nearest edge of the manure digester to all property lines and street right-of-way lines.
(i)
No manure digesters shall be permitted in the front yard of the lot on which it is located and shall be a minimum of 15 feet to the rear of the front face of the principal building.
(j)
Manure digesters shall be installed, operated and maintained in accordance with all pertinent state and federal emissions requirements.
(k)
The use shall emit no noise, glare, odor, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat or any other perceptible or generally objectionable nuisances that would impact or affect neighboring properties.
(6)
Local service area facility. The following provisions shall specifically apply to alternative energy facilities that are designed as a permitted local service area facility, as defined by this chapter:
(a)
Alternative energy facilities designed and operated as a local service area facility, which may include geothermal heat pumps, solar energy systems, wind turbines or wind energy facilities shall be permitted by right within the C-2, C-3, I-1, I-2 and BP Zoning Districts, subject to the provisions that are specified under § 375-23050.1 of this chapter.
(b)
The local service area facility shall be located on a conforming lot as a single use or in combination with other permitted uses, which provides alternative energy via a solar, wind or geothermal system within a 3,000 linear foot service area, as measured from the energy source to the permitted uses accepting the service.
(c)
The lot area and setback provisions for an alternative energy facility utilizing geothermal heat pumps, solar energy systems, wind turbines or wind energy facilities shall comply with the provisions specified by the underlying zoning district as well as the provisions that are specified under § 375-23050.1 of this chapter.
(d)
The alternative energy facilities shall be located, designed, installed and operated in accordance with the applicable provisions that are specified under § 375-23050.1 of this chapter.
D.
Permit and application requirements.
(1)
No alternative energy facility or renewable resource system shall be located, modified or constructed within East Lampeter Township unless a permit has been issued to the landowner in accordance with the provisions of this section of this chapter.
(2)
The landowner shall provide documentation of the land and airspace on his property, which must remain open to assure adequate solar access, water and/or wind to the renewable energy system.
(a)
The documentation shall include scaled drawings showing all buildings and structures on the applicant's property and adjacent properties. Dimensions that provide description of size and location of these structures and buildings shall also be shown.
(b)
The documentation shall include photographs to establish conditions at the time of the application.
(3)
A full description of proposed alternative energy facility or renewable resource system will be included in the documentation. It will fully describe the facility and/or system and all appurtenant structures and/or facilities associated with their operation.
(4)
A statement of the estimated output of the proposed alternative energy facility or renewable resource system and where the energy will be utilized.
(5)
A letter of agreement with a private energy and utility provider if the power or energy is to be conveyed off the applicant's property.
(6)
The applicant shall notify the Zoning Officer when the alternative or renewable resource system has been installed. The landowner shall also provide the Zoning Officer with any other permits that have been obtained from agencies with jurisdiction in order to locate the alternative or renewable energy resource system on his property.
(7)
All such documentation shall be considered as part of the permit application.
E.
Design and installation requirements.
(1)
Aboveground alternative energy facilities shall be clear-coated, transparent, and/or be designed with a nonobtrusive color such as white, off-white, gray or black. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other agency that regulates air safety.
(2)
Clearly visible warning signs concerning voltage must be placed at the base of all aboveground transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(3)
Aboveground alternative energy facilities shall not be combined with other support towers or accessory structural components that are devoted to or utilized by public or private utilities.
F.
Decommissioning.
(1)
The landowner or facility operator shall complete decommissioning of the alternative energy facility within 12 months after the end of its useful life. The alternative energy system will presume to be at the end of its useful life if no energy is generated for a continuous period of 12 months.
(2)
The removal of the aboveground alternative energy facility components shall be completed within 12 months of decommissioning of the alternative energy system. All disturbed earth shall be restored, graded and reseeded.
(3)
If the landowner or facility operator fails to complete decommissioning during the prescribed period of 12 months, the Township may take such measures as necessary to complete decommissioning in accordance with this chapter and the Commonwealth of Pennsylvania.
§ 375-23050.2 Alternative energy facilities as principal use.
A.
Purpose and objective.
(1)
East Lampeter Township seeks to provide opportunities for alternative energy facilities as a principal use while regulating the use of potentially intrusive facilities, equipment and machinery.
(2)
The purpose of § 375-23050.2 of this chapter is to establish provisions for the design, permitting, construction and operation of alternative energy facilities as a principal use within East Lampeter Township, subject to reasonable conditions that will protect the health, safety and/or general welfare of the community.
B.
Applicability and permitted uses. This section of this chapter shall apply to all alternative energy facilities that are proposed to be constructed after the effective date of this chapter. Alternative energy facilities that are designed and utilized as an accessory use shall be permitted as follows:
(1)
Alternative energy facilities designed and utilized as a principal use, which may include geothermal heat pumps, solar energy systems, wind turbines and/or wind energy facilities are permitted by conditional use within the AG, I-1, I-2 and BP Zoning Districts, subject to the provisions specified under § 375-23050.2 of this chapter.
Chart 23050.2: Alternative Energy Facilities as a Principal Use | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | |||||||||||||||
Conditional use | P, A 1, 2 | P 1, 2 | P 1, 2 | P 1, 2 | |||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Special Lot Size Requirements | 2 = Geothermal, Solar, Wind Systems | ||||||||||||||
(2)
The chart contained under § 375-23050.2B of this chapter has been provided as a general reference guide. The provisions contained under § 375-23050.2 and the underlying zoning district provides specific regulations for alternative energy facilities as a principal use.
(3)
Alternative energy facilities as a principal use shall comply with all applicable regulations of this chapter and other ordinances adopted by East Lampeter Township, including but not limited to, the requirements for landscaping, lighting, noise standards, off-street parking, off-street loading and signage.
(4)
Alternative energy facilities as a principal use shall be located, designed and operated to serve other uses within a regional service area, which is supplied by an energy service provider regulated by the Public Utility Commission and Public Utility Code.
(5)
Surplus energy may be exchanged, transferred and/or sold to a public or private utility company, provided that such surplus energy is exchanged, transferred and/or sold in accordance with the provisions established by the Public Utility Commission and Public Utility Code.
(6)
Private energy and utility providers, as defined under § 375-2020 of this chapter, shall comply with all provisions established by the Public Utility Commission and the Public Utility Code.
C.
Land use and dimensional requirements.
(1)
A minimum of two acres of land area shall be required to accommodate alternative energy facilities as a principal use.
(2)
The alternative energy facilities and/or any appurtenant structures and/or facilities associated with their operation, shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.
(3)
The alternative energy facilities and/or any appurtenant structures and/or facilities associated with their operation shall be located at least 50 feet from the property line and street right-of-way line. The required setback distance shall be measured from the closest part of the alternative energy facility and/or any appurtenant structures and/or facilities associated with their operation the property line and street right-of-way line.
(4)
The alternative energy facilities and/or any appurtenant structures or facilities associated with their operation shall comply with the building and lot coverage requirements of the zoning district on which it is located. Lot coverage and building coverage requirements for alternative energy facilities shall be calculated as total covered area, including any movement, as viewed on plan view (aerial view). The required setback distance shall be measured from the closest part of the solar energy panel and/or any appurtenant structures and/or facilities associated with their operation to all property lines.
(5)
The maximum height of an alternative energy facility utilized as a principal use shall be 50 feet, as measured from the ground surface to the highest point of any building, structure and/or mechanical devises.
(6)
The alternative energy facilities and/or any appurtenant structures and/or facilities associated with their operation shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.
D.
Permit and application requirements.
(1)
The permit application and conditional use application shall demonstrate that the alternative energy facility will comply with the provisions contained under this section of this chapter. The following specific items shall be provided by the applicant:
(a)
A complete narrative describing the proposed alternative energy facility, which shall include: a project overview; the project location; the number of the alternative energy facilities; the area and height of the alternative energy facilities; the initial and potential generating capacities; the facility dimensions; and the manufacturer's specifications.
(b)
An affidavit or similar agreement between the landowner and the facility owner/operator demonstrating that the facility owner/operator has the capabilities and permission of the landowner to apply for necessary permits for construction and operation of the alternative energy facility.
(c)
A site plan showing the boundary lines of the property occupied by the alternative energy facility and the properties within 500 feet on which the proposed alternative energy facility will be located. The site plan shall also include: topographical and natural features; the planned location of the alternative energy facilities; the building setback lines; the access road and turnout locations; building and structures; and all public utilities.
(d)
The existing and projected annual energy needs of the permitted use that will benefit from the alternative energy facility, including the amount of surplus energy that will be exchanged, transferred and/or sold to a public or private utility company.
(2)
Other relevant studies, reports, certifications and approvals as may be requested by East Lampeter Township to ensure compliance with this chapter.
(3)
No alternative energy facility designed as a principal use shall be located, modified or constructed within East Lampeter Township unless a permit has been issued to the landowner in accordance with the provisions of this chapter.
E.
Design, transport and installation requirements.
(1)
The design of the alternative energy facility shall conform to applicable industry standards, including those of the American National Standards Institute, the Uniform Construction Code and all other pertinent codes adopted by East Lampeter Township.
(2)
Audible sound from any alternative energy facility designed as a principal use shall not exceed the noise levels established by East Lampeter Township.
(3)
The design of the alternative energy facility shall conform to applicable industry standards, including those of the American National Standards Institute, the Uniform Construction Code, and/or other pertinent codes adopted by East Lampeter Township.
(4)
The following provisions apply to the use of public roads for the transport of alternative energy facilities:
(a)
The applicant shall identify all state and local public roads to be used within East Lampeter Township to transport equipment and parts for construction, operation or maintenance of the alternative energy facility.
(b)
The East Lampeter Township Engineer shall inspect and document the condition of all roads prior to construction and 30 days after the construction has been completed or as weather permits. The applicant shall be responsible for the payment of all fees associated with the inspections conducted by the East Lampeter Township Engineer.
(c)
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense to the satisfaction of the East Lampeter Township Engineer.
(d)
East Lampeter Township may require the applicant to post a bond for any required repairs or maintenance to public roads.
(5)
All wind turbines and wind energy facilities shall be equipped with a redundant braking system, which shall include both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
(6)
Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(7)
Aboveground alternative energy facilities shall be clear-coated, transparent, and/or be designed with a nonobtrusive color such as white, off-white, gray or black. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8)
On-site transmission and power lines connected to an alternative energy facility shall be placed underground.
(9)
Clearly visible warning signs concerning voltage shall be placed at the base of aboveground transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(10)
Aboveground alternative energy facilities shall not be combined with other support towers or accessory structural components that are devoted to or utilized by public or private utilities.
F.
Liability and insurance requirements.
(1)
The landowner and the operator shall be responsible for repairing any excess damage to public or private roads caused by the alternative energy facility.
(2)
The landowner shall maintain a general liability policy covering bodily injury and property damage.
G.
Public inquiries, inspections, violations and remedies.
(1)
The landowner and the facility operator shall provide East Lampeter Township with a telephone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the alternative energy facility.
(2)
The landowner and the facility operator shall consult with a qualified inspector every 12 months to determine if the alternative energy facility is operating in accordance with the specifications of the manufacturer and provide a certified copy to the East Lampeter Township Zoning Officer.
§ 375-23060 Amusement parks.
A.
Amusement parks, as defined under § 375-2020 of this chapter, shall be permitted by conditional use within the C-3 Zoning District.
Chart 375-23060: Amusement Parks | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | |||||||||||||||
Conditional use | P 1 | ||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Setback Requirements | |||||||||||||
B.
The chart contained under § 375-23060A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23060 and the underlying zoning district provides specific regulations for amusement parks.
C.
Permitted uses. The following principal and accessory uses shall be permitted within an amusement park:
(1)
The principal use shall be the amusement park.
(2)
Subordinate or accessory uses within an amusement park shall be limited to: commercial recreation uses; commercial entertainment uses; amusement facilities; adventure rides; family entertainment complex; administrative offices; restaurants, cafeterias; concession stands; retail sales; personal service facilities; child care facilities; and other similar uses. The accessory uses shall be considered subordinate uses that directly benefit the principal uses within the amusement park.
D.
Area and utility requirements. The following general provisions shall apply to amusement parks:
(1)
Amusement parks shall contain a minimum of 10 acres of land area.
(2)
Amusement parks shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Amusement parks shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving amusement park shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
Setback, coverage and height requirements. The following specific setback, coverage and height requirements shall apply to amusement parks:
(1)
The minimum lot width for the amusement park shall be 300 feet.
(2)
All principal uses, buildings and/or structures specified under § 375-23060C(1) and (2) of this chapter shall be located at least 50 feet from any street right-of-way line.
(3)
All accessory uses, buildings and/or structures shall be located at least 25 feet from any street right-of-way line.
(4)
Outdoor recreation uses and activity areas shall be setback a minimum of 25 feet from any street right-of-way line.
(5)
No more than 60% of the lot shall be covered by buildings.
(6)
No more than 70% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving.
(7)
The maximum height of any building or structure shall be 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
(8)
Any structures exceeding the maximum permitted height may be permitted so long as they are setback from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet or a minimum of 100 feet from all lot lines. All such structures shall not exceed a height of 100 feet and shall not be used for human occupancy.
(9)
All other uses and site improvements shall comply with the bulk and height requirements, which are further specified by the appropriate zoning district to which the amusement park is located.
F.
Traffic control. The following provisions shall apply to vehicular accessibility, parking, loading and other traffic control requirements for an amusement park:
(1)
The primary points of ingress and egress to the amusement park shall be located along a collector or arterial street.
(2)
Interior access lanes shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for parking and loading shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(3)
Loading and parking facilities shall be located at least 50 feet from all street right-of-way lines and property lines. All off-street loading and parking facilities shall comply with the requirements specified under § 375-22150 and § 375-22160 of this chapter.
(4)
Any booths or other structures utilized for the collection of admission and/or parking fees shall be setback and arranged to prevent vehicle back-ups on adjoining roads during peak arrival periods. Any other collection of fees, such as by roaming parking lot attendants, shall be conducted in such a manner as to prevent vehicle backups on adjoining roads. The landowner and operator of the amusement park shall be responsible to resolve, mitigate and/or correct any traffic congestion problems that occur on public roads, which are related to the points of ingress and egress to the amusement park.
(5)
Outside pedestrian waiting lines shall be provided with a means of shade and/or relief from the exposure of the sun and heat.
§ 375-23070 Apartment as accessory use.
A.
Apartments as accessory use, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
An apartment as an accessory use to a permitted nonresidential use shall be permitted by right in the C-1, MU, BH, VG, VC and VR Zoning Districts.
(2)
An apartment as an accessory use to a permitted single-family detached dwelling shall be permitted within the R-1, R-2, R-3, MU, BH, VG, VC and VR Zoning Districts.
Chart 375-23070: Apartment as Accessory Use to Permitted Accessory Use | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 2 | A 2 | A 2 | A 1 | A 1, 2 | A 1, 2 | A 1, 2 | A 1, 2 | A 2 | ||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Accessory to permitted nonresidential use | 2 = Accessory to a permitted single-family detached residential use | ||||||||||||||
B.
The chart contained under§ 375-23070A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23070 and the provisions of the underlying zoning district shall apply to apartments as an accessory use to a permitted nonresidential use.
C.
Permitted uses. The building occupying the permitted principal use and the accessory apartment use shall comply with the following provisions:
(1)
The maximum number of apartment units accessory to a permitted use shall be as follows:
(a)
No more than two apartment units shall be permitted within the same building as a nonresidential use on a lot.
(b)
No more than one apartment unit shall be permitted on a lot with a single-family use.
(2)
The first floor of the building occupied by a nonresidential use shall be permitted by right within the zoning district on which the principal use is located. The nonresidential use shall be considered as the principal use.
D.
General requirements. The following general provisions shall apply to an apartment as an accessory use to a permitted nonresidential use:
(1)
The principal and accessory use shall be serviced by sanitary sewer facilities, whether public or on-lot sewer system with approval from the Sewage Enforcement Officer, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The principal and accessory use shall be serviced by public water supply (where available) or on-lot water supply facilities approved in accordance with any local or state regulations and which shall be consistent with any plans adopted by East Lampeter Township.
(3)
All other utility provisions serving the principal and accessory use shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
(4)
Connections for sanitary sewer disposal shall be determined by either the Sewer Superintendent, ELSA Staff, or the Sewage Enforcement Officer of the Township.
(5)
The applicant shall provide documentation that all plumbing, heating, electrical, sanitary sewage disposal, water supply, storm sewer, and similar facilities comply with all applicable ordinances, regulations and laws specified by East Lampeter Township and/or the Commonwealth of Pennsylvania.
§ 375-23080 Automobile repair facility and/or service station.
A.
Automobile repair facilities and/or service stations, as further defined under § 375-2020, shall be permitted as follows:
(1)
An automobile repair facility and/or service station shall be permitted by right within the C-2 Zoning District.
(2)
An automobile repair facility and/or service station shall be permitted by special exception within the C-1 and VC Zoning Districts.
(3)
An automobile repair facility and/or service station shall be permitted by right within the BP Zoning District within an enclosed building with no outdoor storage.
(4)
An existing automobile repair facility and/or service station shall be permitted by special exception within the MU Zoning District.
(5)
A new or proposed automobile repair facility and/or service station shall be permitted by special exception within the MU Zoning Districts.
Chart 375-23080: Automobile Repair Facility and Service Station | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1, 2 | P 3 | P 1, 2, 4 | ||||||||||||
Special exception | P 1, 2 | P 1, 2, 5 | P 1, 2 | ||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Automobile Repair Facility | 2 = Automobile Service Station | ||||||||||||||
3 = Automobile Repair Facility located and contained within a conforming building | |||||||||||||||
B.
The chart contained under § 375-23080A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23080 and the provisions of the underlying zoning district shall apply to automobile repair facilities.
C.
General regulations and use requirements. Unless otherwise permitted by East Lampeter Township, the following use limitations and restrictions shall apply to automobile repair facilities:
(1)
The automobile repair facility and/or service station shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The automobile repair facility and/or service station shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the automobile repair facility and/or service station shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the authority providing service, the utility services shall be installed underground.
(4)
The sale of automobiles shall not be permitted as a principal use or commercial option for an automobile repair facility. All such uses shall be permitted in accordance with the provisions specified under § 375-23090 of this chapter.
(5)
Car wash facilities shall not be permitted as a principal use or commercial option for an automobile repair facility and/or service station. All such uses shall be permitted in accordance with the provisions specified under § 375-23150 of this chapter.
(6)
Drive-through service facilities shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the back-ups onto adjoining roads or adjacent properties.
(7)
Automobile repair facilities shall include cars, light-duty trucks (PennDOT Class 1 through 3) and/or motorcycles. Vehicles exceeding these parameters shall be classified as a heavy-duty trucks or vehicles, which may be permitted in accordance with the provisions specified under § 375-23350 or § 375-23650 of this chapter.
(8)
The sale of automobile parts, oil, lubricants and petroleum products may be permitted as an accessory use to an automobile repair facility. No more than 25% of the gross floor area of the building occupying the automobile repair facility shall be utilized for retail sales.
(9)
All vehicles that have been brought in for service, maintenance or repair shall be in a state of active repair and shall not be permitted on the premises for a period of more than 60 days. All permitted vehicles and materials that are stored outdoors shall be located outside of the street right-of-way and no closer than 20 feet to any other property line.
(10)
The on-site demolishing or dismantling of vehicles for salvage or parts shall be prohibited.
(11)
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the automobile repair facility shall be permitted.
(12)
All vehicles that are stored on the property shall be in an active state of repair or scheduled to be repaired.
§ 375-23090 Automobile sales.
A.
Automobile sales, as further defined under § 375-2020 of this chapter, shall be permitted by right within the C-2 Zoning District.
Chart 375-23090: Automobile Sales. | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | ||||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23090A of this chapter has been provided as a general reference guide. Section 375-23090 and the provisions of the underlying zoning district shall apply to automobile sales.
C.
General regulations. The following general regulations shall apply to automobile sales:
(1)
The automobile sales facility shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The automobile sales facility shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the automobile sales facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the authority providing service, the utility services and connections shall be installed underground.
(4)
The sale of gasoline, diesel fuel, kerosene and/or other petroleum products shall not be permitted as a principal use or commercial option for an automobile sales facility. All such uses shall be permitted in accordance with the provisions specified under § 375-23100 of this chapter.
(5)
Car wash facilities shall not be permitted as a principal use or commercial option for an automobile sales facility. All such uses shall be permitted in accordance with the provisions specified under § 375-23150 of this chapter.
(6)
Drive-through service facilities shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the back-ups onto adjoining roads or adjacent properties.
(7)
Automobile sales shall include cars, light-duty trucks (PennDOT Class 1 through 3) and/or motorcycles. Vehicles exceeding these parameters shall be classified as a heavy-duty trucks or vehicles, which may be permitted in accordance with § 375-23350 or § 375-23650 of this chapter.
(8)
The sale of automobile parts, oil, lubricants and petroleum products may be permitted as an accessory use to an automobile sales facility. No more than 25% of the gross floor area of the building occupying the automobile sales facility shall be utilized for retail sales.
(9)
All vehicles that have been brought in for service, maintenance or repair shall be in a state of active repair and shall not be permitted on the premises for a period of more than 60 days. All permitted vehicles and materials that are stored outdoors shall be located outside of the street right-of-way and no closer than 20 feet to any other property line.
(10)
The on-site demolishing or dismantling of vehicles for salvage or parts shall be prohibited.
(11)
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the automobile sales facility shall be permitted.
§ 375-23110 Bed-and-breakfast establishment and tourist home.
A.
Bed-and-breakfast establishment, as defined under § 375-2020 of this chapter, shall be permitted as a principal or accessory use shall be permitted as follows:
(1)
By right within the R-1, MU, BH, VG, VC and VR Zoning Districts.
(2)
By special exception within the AG, R-2, R-3 and C-1 Zoning Districts.
B.
Tourist homes, as defined under § 375-2020, shall be permitted as a principal or accessory use as follows:
(1)
By right within the R-1, MU, BH, VG, VC and VR Zoning Districts.
(2)
By special exception within the AG, R-2, R-3 and C-1 Zoning Districts.
Chart 375-23110: Bed-and-breakfast Establishments and Tourist Homes | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P, A 1, 2 | P, A 1, 2 | P, A 1, 2 | P, A 1, 2 | P, A 1, 2 | P, A 1, 2 | |||||||||
Special exception | P, A 1, 2 | P, A 1, 2 | P, A 1, 2 | P, A 1, 2 | |||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Bed-and-breakfast Establishment | 2 = Tourist Home | ||||||||||||||
C.
The chart contained under § 375-23110A and B of this chapter has been provided as a general reference guide. The provisions contained under § 375-23110 and the provisions of the underlying zoning district shall apply to bed-and-breakfast establishments and tourist homes.
D.
Utility provisions. The following utility provisions shall apply to a breakfast establishments and tourist homes.
(1)
The bed-and-breakfast establishment or tourist home shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The bed-and-breakfast or tourist home establishment shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with all plans and ordinances.
(3)
The sanitary sewage disposal facilities and the water supply facilities shall have sufficient capacities to provide service to the single-family detached dwelling as well as the as well as any proposed uses.
(4)
All other utility provisions serving the use shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
The following general provisions shall be required for bed-and-breakfast establishment:
(1)
The bed-and-breakfast establishment shall be contained within a single-family detached dwelling or accessory building that is either an owner-occupied dwelling unit or non-owner-occupied dwelling unit.
(2)
The bed-and-breakfast establishment shall not have more than five rental units.
(3)
The principal use shall contain sanitary sewage disposal services, washing and bathing facilities, and a central kitchen with cooking facilities to accommodate the occupants plus all of the guests.
(4)
Cooking facilities shall only be permitted within designated common areas that comply with the provisions of East Lampeter Township and the UCC. No cooking facilities shall be permitted in any rental units.
(5)
The applicant shall provide documentation to East Lampeter Township that all plumbing, heating, electrical, sanitary sewage disposal, water supply, storm sewer, and similar facilities comply with code requirements.
(6)
Meals shall only be offered to registered guests.
(7)
All external common facilities utilized for entertainment and recreation for the guests shall be located at least 20 feet from all property lines.
(8)
Nonresident employees shall be limited to two employees.
(9)
An emergency management plan shall be developed by the owner in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophic event.
(10)
The owner shall maintain a register, which shall include the names, addresses and length of stay of all guests.
(11)
The length of stay for any guest at a bed-and-breakfast shall not exceed 14 consecutive days.
F.
The following general provisions shall apply to tourist homes:
(1)
The tourist home shall be contained within a single-family detached dwelling that is either an owner-occupied dwelling unit or non-owner occupied dwelling.
(2)
The tourist home shall not be occupied by more than 10 guests.
(3)
The principal use or single-family detached dwelling shall contain complete sanitary sewage disposal services, washing and bathing facilities, and a central kitchen to accommodate the occupants the guests.
(4)
The applicant shall provide documentation to East Lampeter Township that all plumbing, heating, electrical, sanitary sewage disposal, water supply, storm sewer, and similar facilities comply with code requirements.
(5)
The length of stay for any guest at a tourist home shall not exceed 30 consecutive days.
(6)
An emergency management plan shall be developed by the owner in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophic event.
§ 375-23120 Boarding house.
A.
Boarding house, as defined under § 375-2020 of this chapter, shall be permitted by special exception as an accessory use to a permitted single-family dwelling within R-3 Zoning District.
Chart 375-23120: Boarding House | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | A 2 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23120A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23120 and underlying zoning district shall apply to boarding house.
C.
General requirements. The following general standards shall be required for boarding house:
(1)
The boarding house shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The boarding house shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
The sanitary sewage disposal facilities and the water supply facilities shall have sufficient capacities to provide service to the single-family detached dwelling as well as the Boarding house.
(4)
All other utility provisions serving the boarding house shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(5)
The boarding house shall be contained within a single-family detached dwelling that is an owner-occupied dwelling unit. The principal use shall remain that of a single-family detached residential dwelling unit.
(6)
The owner of the boarding house shall be a permanent resident of the establishment.
(7)
The boarding house shall not have more than three rental units that may be available to not more than three unrelated guests.
(8)
The principal use shall contain sanitary sewage disposal services, washing and bathing facilities, and a central kitchen with cooking facilities to accommodate the occupants of the boarding house.
(9)
No cooking facilities of any kind shall be permitted in any rental units within the boarding house.
(10)
The applicant shall provide documentation that all plumbing, heating, electrical, sanitary sewage disposal, water supply, storm sewer, and similar facilities comply with all code requirements.
(11)
An emergency management plan should be developed by the owner in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophic event.
(12)
No signs shall be permitted to advertise or identify the location of the boarding or rooming house.
§ 375-23130 Bowling alley.
A.
Bowling alley, as defined under § 375-2020 of this chapter, shall be permitted by right within the C-2 and C-3 Zoning Districts.
Chart 375-23130: Bowling Alley | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | |||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23130A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23130 and the underlying zoning districts shall apply to bowling alleys.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a bowling alley:
(1)
The principal use shall be the bowling alley.
(2)
Subordinate or accessory uses within a bowling alley shall be limited to: concession stands; snack bars; retail sales; child care facilities; amusement arcades; billiards; administrative offices; and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory uses shall not occupy more than 30% of the cumulative gross floor area or occupied space area of all uses within the bowling alley. The accessory uses shall be considered subordinate uses that directly benefit the patrons within the bowling alley.
(3)
All permitted uses shall be conducted within an enclosed building that complies with the appropriate building code requirements for a commercial establishment within East Lampeter Township.
D.
Utility requirements. The following general utility provisions shall apply to bowling alleys:
(1)
Bowling alleys shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
Bowling alleys shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving bowling alley shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
§ 375-23140 Campgrounds.
A.
Campgrounds, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Campgrounds shall be permitted by right in the VC Zoning District.
(2)
Campgrounds shall be permitted by special exception in the C-3 Zoning District.
Chart 375-23140: Campgrounds. | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1, 2, 3 | ||||||||||||||
Special exception | P 1, 2, 3 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Setback Requirements | |||||||||||||
2 = Special Building Size and Land Use Requirements | 3 = Special Vehicular Access Requirements | ||||||||||||||
B.
The chart contained under § 375-23140A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23140 and the underlying zoning district provides regulations for campgrounds.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a campground:
(1)
The principal use shall be the campground.
(2)
Subordinate or accessory uses within a campground shall be limited to: administrative offices; sanitary facilities; commercial recreation uses; concession stands; retail sales establishments; child care facilities; amusement arcades; and other similar uses. The cumulative gross floor area or occupied space area for all such subordinate or accessory uses shall not occupy more than 30% of the cumulative gross floor area or occupied space area of all permitted uses within the campground. The accessory uses shall be considered subordinate uses that directly benefit the patron utilizing the facilities within the campground.
D.
Area and utility requirements. The following general provisions shall apply to campgrounds:
(1)
Campgrounds shall contain a minimum of 10 acres of land area.
(2)
Campgrounds shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Campgrounds shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving campground shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
Setback, coverage and height requirements. The following specific setback, coverage and height requirements shall apply to campgrounds:
(1)
The minimum lot width for the campground shall be 300 feet.
(2)
All cabins, buildings and/or permanent structures specified under § 375-23140C(1) and (2) of this chapter shall be located at least 50 feet from any street right-of-way line or property line.
(3)
All campsites and/or nonpermanent structures shall be located at least 20 feet from any street right-of-way line or property line.
(4)
Recreation uses and activity areas shall be located at least 20 feet from any street right-of-way line or property line.
(5)
No more than 40% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving,
(6)
The maximum height of any building or structure shall be 40 feet, as measured from the average ground elevation to the highest point of the building or structure.
(7)
All other uses and site improvements shall comply with the bulk and height requirements, which are further specified by the appropriate zoning district to which the campground is located.
F.
General requirements. The following general requirements shall apply to campgrounds:
(1)
All uses within the campgrounds shall be harmoniously planned as a community for vacation, retreats and temporary occupancy. The applicant or developer shall identify the locations of all permanent and temporary uses and demonstrate how these uses can be amicably planned considering their function and appearance.
(2)
The following specific provisions shall apply to cabins, campsites, recreation vehicles and tents:
(a)
Campsites designated for recreational vehicles shall be limited to 15 pads or sites per gross acre. All such campsites shall have a minimum area of 300 square feet. No more than one recreation vehicle or automobile shall be permitted per campsite designated for recreation vehicles.
(b)
Campsites designated for tents shall be limited to 30 tents per gross acre. All such campsites shall have a minimum area of 150 square feet.
(c)
Cabins that are owned and maintained by the campground shall comply with the provisions specified by the Commonwealth of Pennsylvania.
(3)
The following provisions shall apply to permanent and temporary occupancy at the campgrounds:
(a)
Except for the landowner, manager and/or caretaker of the campgrounds, no person shall reside or occupy any area of the campground for more than 180 cumulative days within any calendar year.
(b)
All permanent cabins, campers, buildings and structures that are located on the property for more than 180 cumulative days within any calendar year shall be owned and maintained by the campgrounds. The landowner shall provide documentation concerning the licensing and ownership status of all permanent facilities. The permanent cabins, campers, buildings and structures shall not exceed more than 10% of the total number of campsites within the campground.
(c)
Unless otherwise specified, no patron or guest shall occupy or reside within the campground for a period of 180 cumulative days within any calendar year.
(d)
No more than 10% of the total number of campsites shall contain permanent cabins, campers, buildings, recreational vehicles and/or other structures, which are available to rent to the guests of the campground.
(4)
The side and rear lot lines of the development shall be adequately screened with a fifteen-foot wide landscaped strip or buffer yard, which shall comply with Chapter 368, Subdivision and Land Development.
(5)
Any booths or other structures utilized for the collection of admission and/or parking fees shall be setback and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees, such as by roaming parking lot attendants, shall be conducted in such a manner as to prevent vehicle backups on adjoining roads. The landowner and operator of the campground shall be responsible to resolve, mitigate and/or correct any traffic congestion problems that occur on public roads, which are related to the points of ingress and egress to the campground.
§ 375-23150 Car wash.
A.
Car wash, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Car washes shall be permitted as a principal use or accessory use within the C-2 Zoning District.
(2)
Car washes shall be permitted as an accessory use by right within the BP Zoning District.
Chart 375-23150: Car Wash | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1 | ||||||||||||||
Special exception | P, A 1 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Vehicular Access Requirements | |||||||||||||
B.
The chart contained under § 375-3150A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23150 and the underlying zoning district provides regulations for a car wash.
C.
General regulations. The following general regulations and restrictions shall apply to a car wash:
(1)
The car wash shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The car wash shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
Gray water recycling and treatment equipment shall be incorporated as part of the facility operations. All such equipment shall include provisions for the collection of waste, grease, oil, soap, wax, and other materials that can't be recycled or utilized as part of the operations.
(4)
All other utility provisions serving the car wash shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(5)
The car wash shall be designed to accommodate cars, light-duty trucks (PennDOT Class 1 through 3) and/or motorcycles.
(6)
The sale of automobile parts, oil, lubricants and petroleum products may be permitted as an accessory use to an automobile repair facility. No more than 25% of the gross floor area of the building occupying the car wash shall be utilized for retail sales or accessory uses.
(7)
The side and rear lot lines of the development shall be adequately screened with a fifteen-foot wide landscaped strip or buffer yard, which shall comply with the provisions of this chapter and Chapter 368, Subdivision and Land Development.
(8)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(9)
The proposed preservice or drive-through service lanes shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the backups onto adjoining roads or adjacent properties. Each preservice or drive-through service lane for the car washing facility shall be at least 10 feet in width and 100 feet in length.
(10)
A post-washing drying area shall be provided for two vehicles per car washing bay or unit.
(11)
Any booths or other structures utilized for the collection of admission and/or car wash fees shall be setback and arranged to prevent vehicle back-ups on adjoining roads during peak arrival periods. Any other collection of fees, such as by roaming parking lot attendants, shall be conducted in such a manner as to prevent vehicle backups on adjoining roads. The landowner and operator of the car wash shall be responsible to resolve, mitigate and/or correct any traffic congestion problems that occur on public roads, which are related to the points of ingress and egress to the car wash.
(12)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties, or be noticeable at or beyond the property line.
§ 375-23160 Cemetery.
A.
Cemetery, as defined under § 375-2020 of this chapter, shall be permitted as a principal or accessory use by special exception within the AG, R-1, R-2 and R-3 Zoning Districts.
Chart 375-23160: Cemetery | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | P, A 1 | P, A 1 | P, A 1 | P, A 1 | |||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Use Requirements | |||||||||||||
B.
The chart contained under § 375-23160A of this chapter has been provided as a general reference guide. The provisions under § 375-23160 and the underlying zoning district provide specific regulations for cemetery.
C.
Area and utility requirements. The following general provisions shall apply to cemetery:
(1)
The following lot area requirements and restrictions shall apply to a cemetery:
(a)
A cemetery located within the AG Zoning District shall not exceed five acres.
(b)
A cemetery located within the R-1, R-2 and R-3 Zoning Districts shall contain a minimum of five acres.
(2)
The cemetery shall be serviced by public sanitary or on-lot sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Cemetery shall be serviced by public water or on-lot supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving cemetery shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
D.
Setback, coverage and height requirements. The following setback, coverage and height requirements shall apply to a cemetery:
(1)
The minimum lot width for the cemetery shall be 300 feet.
(2)
All principal buildings or structures shall be located at least 100 feet from any street right-of-way line or property line.
(3)
All accessory buildings or structures shall be located at least 50 feet from any street right-of-way line or property line.
(4)
All burial plots shall be located at least 20 feet from any street right-of-way line or property line.
(5)
Common facilities and uses within the cemetery shall be located at least 100 feet from any street right-of-way line or property line.
(6)
No more than 20% of the lot shall be covered by buildings.
(7)
No more than 40% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving,
(8)
The maximum height of any building or structure shall be 40 feet, as measured from the average ground elevation to the highest point of the building or structure.
(9)
All other uses and site improvements shall comply with the bulk and height requirements, which are further specified by the appropriate zoning district to which the cemetery is located.
E.
General regulations. The following use limitations and restrictions shall apply to a cemetery:
(1)
Unless otherwise permitted in combination with another permitted uses, the cemetery shall be considered as the principal use.
(2)
Funeral homes, as a principal or accessory use, shall be subject to the provisions that are specified under § 375-23290 of this chapter.
(3)
Places of worship, as a principal or accessory use, shall be subject to the provisions that are specified under § 375-23580 of this chapter.
(4)
A columbarium or mausoleum may be located at the cemetery provided that the gross floor area does not exceed 10,000 square feet.
(5)
An office may be located at the cemetery, provided that the gross floor area does not exceed 5,000 square feet and is exclusively utilized by the landowner, manager or support staff of the cemetery.
(6)
A maintenance building may be located at the cemetery provided that the gross floor area it does not exceed 10,000 square feet and is utilized for equipment and supply storage for the cemetery.
(7)
Cemeteries shall be operated and managed in accordance with all prevailing state and federal laws.
(8)
Burial plots shall not be located within the following areas: the floodplains; wetlands; high water table soils; and/or slopes exceeding a slope of 25% in grade.
(9)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties, or be noticeable at or beyond the property line.
§ 375-23170 Community center for residential development.
A.
Community center for a residential development, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Community center for a residential development shall be permitted as an accessory use by right in the R-3 Zoning District.
(2)
Community center for a residential development shall be permitted as a principal and accessory use by right within the BP Zoning District.
Chart 375-23170: Community Center for Residential Development | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1 | P, A 1 | |||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot and Building Size Requirements | |||||||||||||
B.
The chart contained under § 375-23170A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23170 and the underlying zoning district provides specific regulations for community center for a residential development.
C.
Permitted uses. The following accessory uses shall be permitted within a community center for a residential development: recreation uses; health and fitness uses; administrative offices; meeting rooms; and/or other similar uses. All uses shall be designed for the residents of the community and shall not be utilized or marketed as a commercial use.
D.
Area and utility requirements. The following general provisions shall apply to the community center:
(1)
The community center shall be located either on a fee simple lot within the residential development containing a minimum of one net acre or located within the area designated as common open space.
(2)
The community center for a residential development shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The community center for a residential development shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the community center shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
Setback, coverage and height requirements. The following specific setback, coverage and height requirements shall apply to community center for a residential development:
(1)
All buildings and/or structures specified under § 375-23170C of this chapter shall be located at least 50 feet from any street right-of-way line or property line.
(2)
The maximum height of any building or structure shall be 40 feet, as measured from the average ground elevation to the highest point of the building or structure.
(3)
All other uses and site improvements shall comply with the setback, coverage and height requirements, which are specified by the underlying zoning district.
F.
Use limitations and general restrictions. Unless otherwise permitted by East Lampeter Township, the following use limitations and restrictions shall apply to a community center for a residential development:
(1)
The community center shall only contain accessory uses for the residential development, which are further specified under § 375-23170C of this chapter.
(2)
The community center shall not exceed 10,000 square feet of gross floor area.
(3)
The community center shall only be available to the residents of the development and their private guests.
(4)
The community center shall be planned as an accessory use and feature within the residential development.
(5)
The community center shall not be occupied as a residential dwelling or principal residential use.
§ 375-23180 Concentrated animal feeding operation and concentrated animal operation.
A.
Concentrated animal feeding operation (CAFO) and/or concentrated animal operation (CAO), as defined under § 375-2020 of this chapter, shall be permitted by special exception within the AG Zoning District.
Chart 375-23180: Concentrated Animal Feeding Operation (CAFO) and Concentrated Animal Operation (CAO) | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | P 1 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Setback Requirements | |||||||||||||
B.
The chart contained under § 375-23180A of this chapter has been provided as a general reference guide. Section 375-23180 as well as the underlying zoning district provides specific regulations for a CAFO and CAO.
C.
Terminology. The term "concentrated animal feeding operation" may also be referred to as "CAFO" and the term "concentrated animal operation" may be referred to as "CAO."
D.
Area and utility requirements. The following general provisions shall apply to a CAFO and CAO:
(1)
The minimum land area for a CAFO or CAO shall be 10 acres.
(2)
The CAFO or CAO shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordances with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The CAFO or CAO shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving concentrated animal feeding operation (CAFO) shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(5)
Unless otherwise specified by this chapter, a CAFO or CAO shall comply with all other pertinent area, bulk and height requirements of the zoning district in which the CAFO or CAO is located.
E.
Setback requirements. The following specific setback requirements shall apply to a CAFO or CAO:
(1)
The building or structures utilized as part of the CAFO or CAO shall be located at least 500 feet from all street rights-of-way and property lines.
(2)
All external storage areas or open areas utilized as part of the CAFO or CAO shall be located at least 300 feet from all street rights-of-way and property lines.
(3)
All buildings, structures, external storage areas and/or open areas utilized as part of the CAFO or CAO shall be located at least 200 feet from any land or water areas considered to be floodplains, perennial streams, intermittent streams, surface waters, wetlands, water supply wells and slopes exceeding 25% in grade.
(4)
All buildings, structures, external storage areas and/or open areas utilized as part of the CAFO or CAO shall be located at least 500 feet from a residential dwelling, except for the residential dwelling on the property on which the CAFO or CAO is located.
(5)
All buildings, structures, external storage areas and/or open areas utilized as part of the CAFO or CAO shall be located at least 200 feet from a residential dwelling located on the same property.
(6)
All other building and/or structures that are not utilized for the CAFO or CAO shall comply with the setback requirements of the zoning district on which the concentrated animal feeding operation (CAFO) is located.
F.
Manure storage. A manure storage facility may be permitted as an accessory use to a CAFO or CAO, subject to the following requirements:
(1)
The manure storage facility shall be designed in compliance with the guidelines outlined within the publication Manure Management for Environmental Protection, Bureau of Water Quality Management, Publication 43, as may be amended by the Pennsylvania Department of Environmental Protection.
(2)
Designs for any manure storage facility shall be reviewed by the Lancaster County Conservation District. The landowner or applicant shall furnish a letter from the Lancaster County Conservation District attesting to approval of the design of the proposed facility.
(3)
Construction and subsequent operation of the manure storage facility shall be in compliance with the provisions of the zoning permit and the approved design. East Lampeter Township must be notified the day construction begins for proper supervision and construction. Any design changes during construction or subsequent operation will require the applicant to obtain a revised zoning permit and a revised approval letter from the Lancaster County Conservation District.
(4)
Manure storage facility shall not be located within 500 feet of any building being utilized for human habitation as of the effective date of this chapter and not within 300 feet of any property or street right-of-way lines. However, this limitation shall not be deemed to prevent the location of the manure storage facility within 500 feet from any building used for human habitation on the property of the landowner.
G.
Nutrient management. A CAFO or CAO may be required to prepare and submit a nutrient management plan to the appropriate county and state agencies. All CAFO or CAO uses shall comply with the Pennsylvania Nutrient Management Act of 1993, as amended.[1]
[1]
Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
H.
Conservation management. Any CAFO or CAO uses that involve earth moving activities shall provide proof of the obtainment of an approved conservation plan, where required by the Lancaster County Conservation District, pursuant to Chapter 102, Erosion Control, of Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection. All on-site activities shall be in compliance with the approved conservation plan.
I.
Site plan. A scaled drawing showing the property occupied by the CAFO or CAO and the adjacent properties shall be prepared and submitted to East Lampeter Township. The site plan shall accurately depict the locations of property lines, buildings, structures, occupied areas, fences, surface waters, floodplains, wetlands, water supply wells and other topographical features. If required by East Lampeter Township, a complete land development plan shall be submitted for municipal review and consideration.
J.
Additional requirements. The following provisions shall also apply to a CAFO or CAO:
(1)
The CAFO or CAO shall comply with all local, state and federal laws concerning manure management, nutrient management, fertilizer applications, biosolid or sludge applications, water supply, stormwater management, erosion and sedimentation control, and sanitary sewage disposal.
(2)
Applicants for any a new CAFO or CAO as well as all expansions to an existing CAFO or CAO shall be considered a new use and must reapply and meet all the requirements set forth in this chapter and must demonstrate compliance with all State and Federal regulations governing the specific operation.
(3)
Whenever a condemned animal, animal product or other condemned property is slaughtered or destroyed by order of the Pennsylvania Department of Agriculture (PDA) to eradicate or prevent the spread of dangerous transmissible disease or contamination by a hazardous substance, the date and action taken will be noted.
(4)
The handling of dead animals, birds and livestock shall meet all the requirements and regulations for a livestock operation as described by the Pennsylvania Department of Agriculture (PDA).
(5)
The CAFO or CAO shall comply with the provisions for general agricultural activities, which are further specified under § 375-23030 (agricultural operations) of this chapter.
(6)
The areas utilized for the CAFO or CAO shall be properly graded to prevent any runoff or discharge onto an adjacent property, public road and/or surface water.
K.
Records. The landowner, applicant or licensee of the concentrated animal feeding operation shall specify and record the common and scientific name of the birds and animals as well as the number of birds and animals to be covered by the license. The landowner, applicant or licensee shall maintain records of any acquisitions and disposals of birds and animals as well as birds and animals born that have been slaughtered on the premises. The records shall be in ink, written in English and shall include the full name and address of the person with whom a transaction is conducted. Records shall be kept and maintained in accordance with the provisions specified by the PA Department of Agriculture.
L.
Regulatory conflicts. If there is a conflict between the provisions specified for a CAFO or CAO and any other provisions adopted by East Lampeter Township or the Commonwealth of Pennsylvania, the more restrictive provision shall apply to the CAFO or CAO.
§ 375-23190 Contractor storage yard.
A.
Contractor storage yard, as further defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the C-1, C-2, I-1, I-2 and BP Zoning Districts.
Chart 375-23190: Contractor Storage Yard | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | ||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23190A of this chapter has been provided as a general reference guide. Section 375-23190 and the provisions of the underlying zoning district shall apply to contractor storage yard.
C.
Permitted uses. The following provisions apply to the permitted uses contained within a contractor storage yard:
(1)
The principal use shall be the contractor storage yard.
(2)
An accessory office building shall be permitted within the lot occupied by the contractor storage yard. The accessory office building may be utilized for administrative offices, meeting rooms, rest room facilities, common areas and similar accessory features that are designed exclusively for the use of the site managers, operators and/or tenants of the contractor storage yard.
(3)
Storage facilities and buildings shall be used solely for the storage of vehicles, equipment, tools, machinery, building materials, stone, soil, fuel and/or similar items that relate to the normal operations of a contractor for off-site construction or improvement projects.
(4)
On-site assemblage and disassembling of equipment shall be permitted within the I-1, I-2 and BP Zoning Districts. All such activities shall be prohibited within the C-1 and C-2 Zoning Districts unless it is related to the pickup and/or dropoff of equipment..
(5)
On-site construction, fabrication, manufacturing and/or similar activities shall be prohibited.
(6)
Retail sales shall be prohibited as part of the contractor storage yard use.
D.
General requirements. The following general requirements shall be required for contractor storage yard:
(1)
The contractor storage yard shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The contractor storage yard shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans adopted by East Lampeter Township.
(3)
All other utility provisions serving the contractor storage yard shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
(4)
All lubricants, fuel and/or petroleum products shall be contained within a permitted building, structure and/or containment facility that complies with local, state and federal laws.
(5)
The storage of any permitted equipment and materials outside of a building shall not be located within the front yard. The perimeter around such equipment and materials shall be contained within a fenced-in yard area with a minimum height of six feet.
(6)
The landowner shall provide East Lampeter Township and the emergency service responders (police, fire and ambulance) with a list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the emergency service responders.
§ 375-23200 Convenience store.
A.
Convenience stores, as further defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Convenience stores shall be permitted by right within the C-2 and BP Zoning Districts.
(2)
Convenience stores shall be permitted by special exception within the C-1 Zoning District.
Chart 375-23200: Convenience Store | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1,2,3 | P 1,2,3 | |||||||||||||
Special exception | P 1,2,3 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Design Requirements | |||||||||||||
2 = Special Building Size Requirements | 3 = Special Vehicular Access Requirements | ||||||||||||||
B.
The chart contained under § 375-23200A of this chapter has been provided as a general reference guide. Section 375-23200 and the underlying zoning district shall apply to convenience stores.
C.
Utility provisions. The following utility provisions shall apply to a convenience stores:
(1)
The convenience store shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The convenience store shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the convenience store shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
D.
Setback, coverage and height requirements. The following provisions shall apply to convenience stores:
(1)
Unless otherwise specified, all external structures, including the fuel dispensing islands, canopy covering the fuel islands, outdoor storage areas and/or display items (other than the permitted signs) shall comply with the setback, coverage and height requirements of the zoning district on which the building is located.
(2)
The convenience store shall contain a principal building that complies with the following requirements:
(a)
The principal buildings shall have a maximum gross floor area of not more than 5,000 square feet for a convenience store located within the C-1, C-2, or the Commercial Redevelopment Overlay Zoning Districts.
(b)
The principal building shall have a maximum gross floor of not more than 7,500 square feet for a convenience store located within the BP Zoning District.
(c)
The area of the principal building shall not include any areas designated as an accessory use and/or as part of the gasoline pumps including the canopy and fuel service lanes.
(3)
The canopy covering the fuel pumps shall not exceed the following provisions:
(a)
The canopy shall not exceed a coverage area of 6,000 square feet for a convenience store located within the C-1 and C-2 Zoning Districts, or the Commercial Redevelopment Overlay Zoning Districts.
(b)
The canopy shall not exceed a coverage area of 7,000 square feet for a convenience store located within the BP Zoning District.
(c)
The canopy shall not exceed a height of 25 feet. East Lampeter Township may permit a greater canopy height up to 30 feet if the design of the canopy is considered as an architectural or visual enhancement.
(d)
The canopy shall not be located within 10 feet of the street right-of-way line and shall comply with the minimum side and rear yard setback requirements for the zoning district on which the canopy is located.
E.
Use limitations and restrictions. Unless otherwise permitted by East Lampeter Township, the following use limitations and restrictions shall apply to convenience stores:
(1)
Retail sales of food, groceries, beverages, household products, automobile fuels and accessories, newspapers, magazines, periodicals, and other similar items may be sold within a convenience store.
(2)
The sale of gasoline, diesel fuel, kerosene and/or other petroleum products shall be permitted as an accessory use for a convenience store. The maximum number of fueling pumps (one pump shall serve a maximum of two fueling positions only) shall be permitted based upon the size of the building housing the convenience store, which shall be specified as follows:
Convenience Store Gross Floor Area | Maximum Number of Fuel Pumps | Maximum Number of Fueling Positions |
|---|---|---|
3,000 square feet or less | 4 | 8 |
3,001 square feet to 4,000 square feet | 5 | 10 |
4,001 square feet to 5,000 square feet | 6 | 12 |
5,001 square feet to 7,500 square feet (provision shall only apply to the BP Zoning District) | 14 | 28 |
(3)
The number of charging stations for fuel shall be identified on the land development plan and shall not be included as part of the fuel pumping stations specified under § 375-23200E(2) of this chapter.
(4)
Automobile repair stations shall not be permitted as a principal use or commercial option for a convenience store.
(5)
Indoor and outdoor seating for the consumption of food and beverages shall be permitted as an accessory component of the convenience store.
(6)
Car wash facilities shall be permitted as an accessory use, when permitted as a use within the zoning district, in accordance with the provisions specified under § 375-23150 of this chapter.
(7)
A drive-up or drive-through service lane shall only be permitted as part of a convenience store.
(8)
The on-site demolishing or dismantling of vehicles for salvage or parts shall be prohibited.
F.
General requirements. The following general standards shall be required for a convenience store:
(1)
All merchandise or retail items sold on the premises shall not be located within the street right-of-way and areas designated as vehicular driveways or access lanes. All such areas may be located adjacent to the building provided that the storage of any merchandise does not interfere with the permitted retail sales use and that a five-foot minimum width is provided to accommodate pedestrian circulation.
(2)
All transactions shall be conducted within the convenience store or at automated fuel pumps.
(3)
All permitted materials that are stored outdoors shall be located at least 10 feet from the street right-of-way and no closer than 10 feet to any property line.
(4)
The parking or staging of vehicles within the automobile service lanes, drive through-service lanes or any queuing positions shall not be calculated or considered as part of the off-street parking area.
(5)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties, or be noticeable at or beyond the property line.
(6)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
§ 375-23210 Convention center.
A.
Convention center, as defined under § 375-2020 of this chapter, shall be permitted by conditional use within the C-3 and BP Zoning Districts.
Chart 375-23210: Convention Center | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | |||||||||||||||
Conditional use | P 1 | P 1 | |||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Design Requirements | |||||||||||||
B.
The chart contained under § 375-23210A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23210 and the underlying zoning district provides specific regulations for convention centers.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a convention center:
(1)
The principal use shall be the convention center.
(2)
Subordinate or accessory uses within a convention center shall be limited to: conference centers; exhibition or exposition facilities; hotels; recreation uses; entertainment uses; administrative offices; meeting rooms; reception halls; sports arenas and events; child care facilities; restaurants, concession stands; cafeterias; financial institutions; and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory uses shall not occupy more than 30% of the cumulative gross floor area or occupied space area of all uses within the convention center. The accessory uses shall be considered subordinate uses that directly benefit the convention center.
(3)
The permitted uses described within § 375-23210C(1) and (2) of this chapter may be permitted outside of the convention center, provided that such uses comply with the setback requirements specified under § 375-23210E of this chapter and provided that there are no conflicts with the requirements for traffic control as specified under § 375-23210F of this chapter.
(4)
All permitted uses described within § 375-23210C(1) and (2) of this chapter shall be harmoniously planned and integrated as part of the conference center.
D.
Area and utility requirements. The following general provisions shall apply to convention centers:
(1)
Convention centers shall contain a minimum of 10 acres of land area.
(2)
Convention centers shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Convention centers shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving convention center shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
Setback, coverage and height requirements. The following specific setback, coverage and height requirements shall apply to convention centers:
(1)
All principal uses, buildings and/or structures shall be located at least 100 feet from any street right-of-way line and property line.
(2)
All accessory uses, buildings and/or structures shall be located at least 50 feet from any street right-of-way line or property line.
(3)
No more than 50% of the lot shall be covered by buildings.
(4)
No more than 70% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving,
(5)
The maximum height of any building or structure shall be 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
(6)
All other uses and site improvements shall comply with the bulk and height requirements, which are further specified by the appropriate zoning district to which the convention center is located.
F.
Traffic control. The following provisions shall apply to vehicular accessibility, parking, loading and other traffic control requirements for a convention center:
(1)
The primary points of ingress and egress to the conference or convention center shall be along a collector or arterial street.
(2)
The requirements for off-street parking will be determined based upon a combination of permitted uses contained within the convention center and the compliance chart specified under § 375-22150 and § 375-22160 of this chapter. As part of the conditional use application, East Lampeter Township may permit overflow parking on designated lawn areas in accordance with the following criteria:
(a)
The overflow parking area shall only be utilized in order to accommodate the parking demand during peak events or for the combination of events at the convention center.
(b)
The overflow parking area shall be accessible only from the interior driveways or access lanes for the parking facility, which shall be located, designed and fenced to prevent motor vehicles from crossing adjoining properties or directly accessing public roads.
(c)
Soil erosion, sedimentation control, and stormwater runoff shall be managed in accordance with all applicable laws and regulations.
(d)
If East Lampeter Township determines that traffic congestion is occurring along adjoining roads, and that the traffic congestion is directly related to the size or design of the overflow parking area, East Lampeter Township shall require the landowner, manager or applicant to revise and redesign off-street parking facilities in order to resolve the traffic congestion problem and/or provide additional on-site parking spaces to accommodate the parking demand during peak events or for the combination of events at the convention center.
(3)
Any booths or other structures utilized for the collection of admission and/or parking fees shall be setback and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees, such as by roaming parking lot attendants, shall be conducted in such a manner as to prevent vehicle backups on adjoining roads. The landowner and operator of the convention center shall be responsible to resolve, mitigate and/or correct any traffic congestion problems that occur on public roads, which are related to the points of ingress and egress to the convention center.
§ 375-23220 Day-care facility as commercial use.
A.
Day-care facility as a commercial use, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Day-care facilities as a principal commercial use shall be permitted by right within the C-1, C-2, BP, MU, BH, VG and VC Zoning Districts.
(2)
Day-care facilities as an accessory commercial use shall be permitted by right in the AG, I-1, I-2 and BP Zoning Districts.
(3)
Other permitted uses may contain private on noncommercial day-care facilities as an accessory use provided that the day-care use is specified as a land use option for the permitted principal use.
Chart 375-23220: Day-Care Facility as Commercial Use | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1 | P 1 | P 1 | A 1 | A 1 | P,A 1 | P 1 | P 1 | P 1 | P 1 | |||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Land Use Requirements | |||||||||||||
B.
The chart contained under § 375-23220A of this chapter has been provided as a general reference guide. Section 375-23220 and the underlying zoning district provide specific regulations for day-care facility.
C.
Use limitations and restrictions. Unless otherwise permitted by East Lampeter Township, the following use limitations and restrictions shall apply to a day-care facility:
(1)
A day-care facility as a commercial use for children or adults shall comply with all specifications, standards and licenses, which are required by East Lampeter Township, Pennsylvania Department of Human Services and/or other agencies having jurisdiction.
(2)
A day care that provides care and supervision to four persons or less, who are unrelated to the operator, may be permitted as a home occupation within a single-family dwelling, provided that the use complies with the provisions specified under § 375-23370 of this chapter.
D.
General requirements. The following general requirements shall apply to a day-care facility:
(1)
The day-care facility shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The day-care facility shall be serviced by public water supply facilities (where available), which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving day-care facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
All day-care facilities with an enrollment of more than three persons shall furnish a valid registration certificate, certificate of compliance, certificate of registration and/or license for the proposed use, as issued by the Commonwealth of Pennsylvania and other agencies that may have jurisdiction.
(5)
The internal facilities should be of adequate size to accommodate all of the children receiving day care services plus the occupants of the principal or secondary use. Common areas and facilities should be designated within the approved facility.
(6)
The day-care facility shall be designed with an outdoor recreation area that shall comply with the Commonwealth of Pennsylvania and other agencies that may have jurisdiction.
(7)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(8)
A designated off-street pickup area and dropoff area shall be provided at the day-care facility, which shall be designed so that passengers do not have to cross traffic lanes within or adjacent to the site. The off-street pickup area and dropoff area shall be capable of providing two parking spaces, which shall be conspicuously identified by signs and pavement markings. An alternative design may be permitted provided that sufficient vehicular and pedestrian access can be achieved at the pickup area and dropoff area.
(9)
The pickup area and dropoff area shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the backups onto adjoining roads or adjacent properties.
§ 375-23230 Dry cleaner and/or laundromat.
A.
A dry cleaner and/or a laundromat, as further defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the C-1, BP, MU, VG and VC Zoning Districts.
Chart 375-23230: Dry Cleaner and/or Laundromat | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | ||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23230A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23230 and the provisions of the underlying zoning district shall apply to a dry cleaner and/or laundromat.
C.
General requirements. The following general requirements shall apply to a dry cleaner and/or laundromat use:
(1)
The dry cleaner and/or laundromat shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The dry cleaner and/or laundromat shall be serviced by public water supply facilities (where available), which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the dry cleaner and/or laundromat shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
All permitted activities and transactions shall be conducted within a completely enclosed building.
(5)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
§ 375-23240 ECHO housing as accessory use to permitted single-family detached dwelling.
A.
ECHO housing, as defined under § 375-2020 of this chapter, shall be permitted as an accessory use to a permitted single-family detached dwelling within the AG, R-1, R-2, R-3, MU, BH, VG, VC and VR Zoning Districts.
Chart 375-23240: ECHO Housing as Accessory Use to Permitted Single-Family Detached Dwelling | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | ||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Building and Design Requirements | |||||||||||||
B.
The chart contained under § 375-23240A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23240 and the underlying zoning district shall apply to ECHO housing.
C.
Permitted uses. The building occupying the single-family detached dwelling and the ECHO housing unit shall comply with the following provisions:
(1)
The single-family detached dwelling shall be considered as the principal use.
(2)
No more than one ECHO housing unit shall be located on a conforming lot occupied by a single-family detached dwelling.
(3)
The ECHO housing unit may be occupied as temporary dwelling by either an elderly, handicapped or disabled person, who is related by blood, marriage, or adoption, to the landowners and occupants of the principal use or single-family detached dwelling. The ECHO housing unit may also be occupied by the caregiver to the person residing within the principal use or single-family detached dwelling.
D.
Area and utility requirements. The following general provisions shall apply to the ECHO housing unit as an accessory use to a permitted single-family detached dwelling:
(1)
The single-family detached dwelling and the ECHO housing unit shall be located on a conforming lot that complies with the land area and setback requirements of the zoning district on which the single-family detached dwelling is located.
(2)
The principal and accessory use shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township. The applicant shall demonstrate that the sanitary sewage facilities have sufficient capacities to accommodate the principal and accessory use.
(3)
The principal and accessory use shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township. The applicant shall demonstrate that the water supply facilities have sufficient capacities to accommodate the principal and accessory use.
(4)
All other utility provisions serving the principal and accessory use shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(5)
Unless otherwise required by East Lampeter Township, the principal and accessory use shall not be required to have separate utility connections for sanitary sewage disposal, water supply, electric, telephone, natural gas and cable services.
(6)
The applicant shall provide documentation that all plumbing, heating, electrical, sanitary sewage disposal, water supply, storm sewer, and similar facilities comply with all applicable ordinances, regulations and laws specified by East Lampeter Township and the Commonwealth of Pennsylvania.
E.
General requirements. The following general requirements shall apply for the permitted single-family detached dwelling and the ECHO housing unit:
(1)
In order to permit an ECHO housing unit, the landowner and occupants must execute an agreement with East Lampeter Township, which states that the ECHO housing unit will be occupied solely by persons who meet the qualifications and criteria specified under § 375-23240 of this chapter. The agreement shall stipulate: the permit requirements; the criteria for use and occupancy; the tenure or term limits of the occupancy permit; the utility provisions; and the termination of the permit; and the removal requirement of the ECHO housing unit.
(2)
The ECHO housing unit shall not have a gross floor area in excess of 2,000 square feet, including any enclosed garage and basement area.
(3)
Unless otherwise approved by East Lampeter Township, the ECHO housing unit shall not be occupied by more that one family.
(4)
Unless otherwise permitted by East Lampeter Township as part of a stipulation agreement, the ECHO housing unit shall be removed, as stipulated by the permit and/or agreement. The landowner shall be responsible for the removal of the ECHO housing unit.
§ 375-23250 Emergency service facility.
A.
Emergency service facility, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
An emergency service facility shall be permitted as a principal use by right within the C-1, C-2, C-3, I-1, I-2, BP, MU and VC Zoning Districts.
(2)
An emergency service facility shall be permitted as a principal use by special exception within the R-2, R-3, BH, VG and VR Zoning Districts.
Chart 375-23250: Emergency Service Facility | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | P | P | P | |||||||
Special exception | P | P | P | P | P | ||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23250A of this chapter has been provided as a general reference guide. Section 375-23250 and the underlying zoning district provide specific regulations for emergency service facilities.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a emergency service facility:
(1)
The permitted principal use shall be the emergency service facility.
(2)
Subordinate or accessory uses within a building occupied by the emergency service facility shall be limited to: administrative offices; training facilities; recreation uses; meeting rooms; banquet facilities; social hall; catering use; bakery or confectioner; child care facilities; and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory uses shall not occupy more than 30% of the cumulative gross floor area or occupied space area of all uses within the emergency service facility. The accessory uses shall be considered subordinate uses that directly benefit the principal uses within the emergency service facility.
(3)
The uses described within § 375-23250C(1) and (2) of this chapter may be permitted outside of the emergency service facility, provided that such uses comply with the setback requirements of the zoning district.
D.
General requirements. The following general requirements shall apply to emergency service facilities:
(1)
The use shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The use shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving emergency service facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
(4)
The requirements for off-street parking will be determined based upon a combination of permitted uses contained within the emergency service facility and the compliance chart specified under § 375-22160E of this chapter. East Lampeter Township may permit overflow parking on designated lawn areas in accordance with the following criteria:
(a)
The overflow parking area shall only be utilized in order to accommodate the parking demand during peak events or for the combination of events at the emergency service facility.
(b)
The overflow parking area shall be accessible only from the interior driveways or access lanes for the parking facility, which shall be located, designed and fenced to prevent motor vehicles from crossing adjoining properties or directly accessing public roads.
(c)
Soil erosion, sedimentation control, and stormwater runoff shall be managed in accordance with all applicable laws and regulations.
§ 375-23255 Family farm market.
[Added 8-4-2025 by Ord. No. 380]
A.
Family farm market, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Family farm market shall be permitted by right as an accessory use to a principal agricultural operation use comprised of 10 acres or more within the AG Zoning District.
(2)
Family farm market shall be permitted by special exception as an accessory use to a principal agricultural operation use comprised of 25 acres or more within the R-1, R-2, I-1 and BP Zoning Districts.
(3)
Family farm market within the AG Zoning District which cannot meet one or more of the provisions of this section must be approved by conditional use.
(4)
Family farm market is not a permitted principal or accessory use in any other zoning district.
Chart 375-23255: Family Farm Market | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG | R-1 | R-2 | R-3 | C-1 | C-2 | C-3 | I-1 | I-2 | BP | MU | BH | VG | VC | VR |
III | V | VI | VII | VIII | IX | X | XI | XII | XIV | XV | XVII | XVIII | XIX | XX | |
By right | A | ||||||||||||||
Special ex-ception | A | A | A | A | |||||||||||
Con-ditional use | CU | ||||||||||||||
P = Principal Use | A = Accessory Use | C = Conditional Use | |||||||||||||
B.
The chart contained under § 375-23255A of this chapter has been provided as a general reference guide. Section 375-23255 and the underlying zoning district provides specific regulations for a family farm market.
C.
Permitted uses. The family farm market may be permitted as an accessory use to a principal agricultural operation use on property owned and operated by a landowner who produces not less than 50% of the commodities. A family farm market may not be operated on a property that also has a roadside stand and/or a farm-support business use.
D.
The use of structures for indoor retail space is permitted subject to the following requirements:
(1)
For properties that are 10 to 20 acres in size: the total combined floor area of all structures shall not exceed 4,000 square feet.
(2)
For properties that are 21 to 30 acres in size: the total combined floor area of all structures shall not exceed 6,000 square feet.
(3)
For properties that are 31 or more acres in size: the total combined floor area of all structures shall not exceed 8,000 square feet.
(4)
Structures include, but are not limited to, buildings and multi-purpose greenhouses used for indoor retail sales and include both permanent and temporary structures.
(5)
All structures used for indoor retail sales must be located in close proximity to each other.
(6)
All structures used for indoor retail sales must be set back a minimum of 200 feet from any property line and the street right-of-way line.
(7)
All structures must be constructed to applicable building code requirements.
(8)
The proposed use must comply with the applicable provisions of Chapter 360, Stormwater Management.
E.
Outside display areas for the sale of agricultural commodities shall be permitted subject to the following requirements:
(1)
The display of agricultural commodities may be on the ground, pallets, tables or other display methods and need not be on an improved surface, but shall be located in close proximity to each other and to the structure(s) used for indoor retail space.
(2)
Outside display areas shall be kept in an orderly fashion to permit adequate access and circulation for customers and patrons.
(3)
The total outdoor display area shall not exceed 4,000 square feet in size. This restriction applies to "pick your own operations and sales" which shall be included in the calculation of total outdoor display area.
(4)
All outdoor display areas shall be set back a minimum of 200 feet from any property line and the street right-of-way.
F.
A family farm market shall be conducted by no more than six employees (inclusive of the farmer and his/her family members) working on site at one time, in addition to employees of the agricultural operation.
G.
No pop-up vendors or food trucks are permitted.
H.
Off-street parking and loading areas shall comply with the following requirements:
(1)
One off-street parking space shall be provided for every 250 square feet of indoor retail and outdoor display area. Additionally, one off-street parking space shall be provided for each employee.
(2)
Off-street parking areas shall be designed, located and constructed in a manner considering the customer vehicles entering and exiting the property.
(3)
No more than 50% of the required parking spaces may be on grass areas in close proximity to the indoor and/or outdoor retail space, but may not be located within any required setbacks.
(4)
No commercial vehicles shall be permitted.
(5)
No on-street parking shall be permitted.
(6)
All off-street parking and loading areas shall be maintained in a mud-free condition and shall not create a traffic hazard.
(7)
Off-street parking areas may be gravel and are not subject to the requirements for off-street parking under § 375-22160.
(8)
Entrances and driveways to the property must be paved at least 100 feet beyond the street right-of-way.
(9)
Off-street parking areas shall be set back a minimum of 200 feet from property lines.
I.
No screening or buffering is required for a family farm market use, including off-street parking areas.
J.
A family farm market may operate from 8:00 a.m. to dusk every day, provided an employee is present during any sales. Downward facing motion sensor lights shall be permitted for security and safety purposes, provided they do not shine beyond the property boundary line.
K.
Signage for the family farm market is limited to one double-sided, unlit sign with a maximum area of 16 square feet. Additionally, one "open" flag may be posted on the sign at the entrance to the property.
§ 375-23260 Farm-support business use.
A.
Farm-support business use, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Farm-support business uses, as an accessory use shall be permitted by right within the AG and BP Zoning Districts.
(2)
Farm-support business uses, as an accessory use shall be permitted by special exception within the R-1, R-2, R-3, C-1, C-2, C-3, I-1, I-2, MU, BH, VG, VC and VR Zoning Districts.
Chart 375-23260: Farm-Support Business Use | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1 | A 1 | |||||||||||||
Special exception | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | ||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot and Building Requirements | |||||||||||||
B.
The chart contained under § 375-23260A(1) and (2) of this chapter has been provided as a general reference guide. Section 375-23260 and the underlying zoning districts provide regulations for a farm-support business use.
C.
Permitted uses. The following provisions shall apply to the farm-support business use:
(1)
The principal use of the subject property shall be designated as an agriculture operation.
(2)
A farm-support business use, as an accessory use to an agricultural operation, may include: the repair of agricultural equipment and/or small machinery; welding; painting service; fencing service; sharpening service; livestock grooming; shearing and/or trimming services; agricultural consulting service; the retail sale or repair of small tools, parts and/or specialized small agricultural equipment; family-scale food processing, including preparation, canning, and baking; small feed or fertilizer franchises or family dealerships; butcher shops; cold storage; limited warehousing of food and prepared agricultural products in existing agricultural buildings, existing as of date this chapter is adopted; craft shops, including woodworking, cabinetry, metal-working, leatherwork, harness shops blacksmithing, carriage shops, tool making, quilts, and other similar supplemental income opportunities that can be conducted on the farm.
(3)
Unless otherwise permitted by East Lampeter Township, a farm-support business use shall not include commercial or industrial uses such as: feed, fertilizer, and grain mills; the sale and/or servicing of large agricultural equipment; mechanized canneries; rendering plants; manufacturing; and/or any other use that generates excessive traffic, noise, glare, or noxious impacts.
(4)
All accessory or subordinate uses that are considered as a home occupation shall comply with the provisions under § 375-23370 of this chapter.
D.
Area and utility requirements. The following general provisions shall apply to the farm-support business use:
(1)
Farm-support business uses may be permitted as an accessory use to an agricultural operation, provided that the agricultural operation contains a minimum of 10 acres of land area as part of a farm that existing at the enactment date of this chapter.
(2)
Structures and lands (such as parking and outdoor storage areas) used exclusively by the farm-support business use shall occupy a total area of less than one acre of land area.
(3)
The agricultural operations shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(4)
The agricultural operations shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(5)
All other utility provisions serving agricultural operations shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(6)
Unless otherwise specified under § 375-23020 and § 375-23260 of this chapter, agricultural operations shall comply with all other pertinent area, bulk and height requirements of the zoning district in which the agricultural operation is located.
E.
General requirements. The following general provisions shall also apply to farm-support business use:
(1)
The farm-support business use shall be conducted in such a way that the property retains the visual character of a farm.
(2)
Only one farm-support business use shall be permitted per farm. For the purposes of this section, a "farm" consists of an area of land employed by a farmer as a single economic agricultural enterprise, regardless of the number of contiguous parcels, plots, or tracts comprising such an enterprise.
(3)
Outdoor storage of materials associated with the farm-support business use shall be permitted only within a completely fenced and screened area that shall not be visible from any residential lot. Outdoor storage is prohibited between any building and the street right-of-way line.
(4)
The landowner of an farm-support business use shall be responsible for providing sufficient access and off-street parking for vehicles associated with the operation (including delivery vehicles and customer vehicles) such that will not present a hazard to or obstruction of public roads, nor will they track mud or manure upon such public roads.
(5)
The land area of the farm-support use operation shall not be subdivided from the farm property.
(6)
Structures or portions of structures for the exclusive use of the farm-support business use shall not exceed 4,000 square feet of gross floor area, unless housed in a structure that existed as of the adoption date of this chapter.
(7)
The farm-support business use shall be owned and operated by the resident farmer living on the property and with the knowledge and approval of the owner of the property, if they are not the same person. Employees of the farm-support business use shall be limited to the landowner and not more than five employees may be nonresidents of the farm.
(8)
The owner of a farm-support business use must obtain a zoning permit for such operation prior to commencement of the farm-support business.
(9)
When there is a change in the ownership of the farm, the continuation of the farm-support limited impact business operation shall be subject to review by the Zoning Officer, and if the use of the same character, the Zoning Officer will issue a zoning permit.
(10)
All farm-related business uses shall comply with all local, state and federal laws concerning manure management, nutrient management, fertilizer applications, biosolid or sludge applications, water supply, stormwater management, erosion and sedimentation control, and sanitary sewage disposal.
§ 375-23270 Farmers market.
A.
Farmers markets, as further defined under § 375-2020 of this chapter, shall be permitted by right in the BP Zoning District and as a principal use by special exception within the C-2, BH, VG and VC Zoning Districts.
Chart 375-23270: Farmers Market | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | ||||||||||||||
Special exception | P 1 | P 1 | P 1 | P 1 | |||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Building and Design Requirements | |||||||||||||
B.
The chart contained under § 375-23270A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23270 and the underlying zoning district shall apply to farmers markets.
C.
Setback, coverage and height requirements. The following provisions shall apply to farmers markets:
(1)
The retail sales area shall be defined as the area of the smallest rectangle or other regular geometric shape that encompasses all display stands, booths, tables and/or stalls, plus all adjoining aisles and walkways from which customers may inspect and purchase items for sale. The retail sales area shall include all permitted indoor and outdoor areas as described under this section of this chapter.
(2)
The retail sales area of the farmers market shall contain a maximum gross floor area of not more than 40,000 square feet.
(3)
All materials that are stored outdoors shall be located at least 50 feet from the street right-of-way and no closer than 50 feet to any property line. All such activities shall also comply with the provisions specified under § 375-22180 of this chapter.
D.
General requirements. The following general standards shall be required for a farmers market:
(1)
The farmers market shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The farmers market shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans adopted by East Lampeter Township.
(3)
All other utility provisions serving the farmers market shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
Retail sales of food, groceries, beverages, household products, agricultural related products, newspapers, magazines, periodicals, and other similar items may be sold within the defined retail sales area.
(5)
Concession stands, cafeterias and/or dinning areas designated to consume food and beverages sold within the farmers market may be permitted as an accessory or subordinate use provided that the gross floor area of such uses does not exceed 30% of the total gross floor area of the farmers market.
(6)
The sale of gasoline, diesel fuel, kerosene and/or other petroleum products shall be prohibited.
(7)
Shopping cart storage areas shall be located and designed to comply with the provisions of § 375-22180A of this chapter.
(8)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
§ 375-23280 Financial institution.
A.
Financial institution, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the C-1, C-2, BP, MU, BH, VG and VC Zoning Districts.
[Amended 8-15-2022 by Ord. No. 360]
Chart 375-23280: Financial Institution | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1, 3 | P 1, 3 | P 1, 3 | P 1, 3 | P 1, 3 | P 1, 3 | P 1, 3 | ||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size Requirements | |||||||||||||
2 = Special Building Size Requirements | 3 = Special Vehicular Access Requirements | ||||||||||||||
B.
The chart contained under § 375-23280A of this chapter has been provided as a general reference guide. Section 375-23280 and the underlying zoning districts provide specific regulations for financial institutions.
C.
General requirements. The following general requirements shall apply to a financial institution:
(1)
Financial institution shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
Financial institution shall be serviced by public water supply facilities or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving financial institution shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
The following provisions shall apply to financial institutions and drive-through service lanes:
(a)
A financial institution located within the C-1, C-2, BH, VG and VC Zoning Districts shall be permitted to have no more than two drive-through service lanes per use.
(b)
A financial institution located within the MU Zoning District shall be permitted to have no more than three drive-through service lanes; provided, however, that any drive-through services lanes permitted under this § 375-23280C(4)(b) must be in existence as of the effective date of this chapter, it being the intent of the Board of Supervisors that no new drive-through service lanes be constructed in the MU Zoning District. Existing drive-through service lanes may be repurposed for any use permitting drive-through service lanes in the MU Zoning District under and subject to Article XXIII.
[Added 8-15-2022 by Ord. No. 360]
(c)
A financial institution located within the BP Zoning District shall be permitted to have no more than four drive-through service lanes.
(d)
The area designated for drive-through service shall include a bypass lane.
(5)
The proposed preservice or drive-through service lane shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the backups onto adjoining roads or adjacent properties. Each permitted preservice or drive-through service lane for the financial institution facility shall be at least 10 feet in width and 60 feet in length.
(6)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
§ 375-23290 Forestry.
A.
Forestry, as defined under § 375-2020 of this chapter, shall be permitted as a principal or accessory use by right within all zoning districts specified by this chapter.
Chart 375-23290: Forestry | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A |
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23290A of this chapter has been provided as a general reference guide. Section 375-23290 and the underlying zoning district provide specific regulations for forestry uses.
C.
Intent. The intent of these regulations is to conserve forested open space and its environmental, economic, recreational, wildlife, and amenity values by promoting good forest stewardship; protecting the rights of adjoining property owners; and minimizing the potential for adverse environmental impacts.
D.
Application. The regulations specified under this section shall apply to all timber harvesting within the municipality where the project area exceeds two acres for clear cutting operations and five acres for selective cutting operations. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement. These provisions apply to privately and publicly owned property. These provisions apply to any site where the clearing of trees for any purpose, if lumber will be removed from the site.
E.
Notification requirements. The following notification requirements shall apply to for logging or timber harvesting:
(1)
For all timber harvesting operations with a project area exceeding two acres for clear cutting operations and five acres for selective cutting operations, the landowner shall notify East Lampeter Township at least 14 days prior to the commencement of the site activities and at least five days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
(2)
A logging or timber harvesting plan shall be prepared by a qualified professional. The provisions of the plan shall be followed throughout the logging or timber harvesting operation. The plan shall be available at the harvest site at all times during the operation. The plan shall incorporate best management practices (BMPs) for forestry found in the publications "Best Management Practices for Pennsylvania Forests," "Best Management Practices for Silvicultural Activities in Pennsylvania's Forest Wetlands," and "Controlling Erosion and Sedimentation from Timber Harvesting Operations."
(3)
The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
F.
Plan requirements. The logging or timber harvesting plan shall contain the following:
(1)
The design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings.
(2)
The design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars.
(3)
The design, construction, and maintenance of stream and wetland crossings.
(4)
A description of the general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(5)
A location map depicting the entire tract of land and specific areas of the logging or timber harvesting activities.
(6)
Significant topographic features related to potential environmental and ecological problems.
(7)
The location of all earth disturbance activities such as roads, landings, and water control measures.
(8)
The location of all perennial surface waters and wetland areas.
(9)
The location of local and state road highways, including all proposed access roads.
G.
State requirements. The logging plan shall address and comply with the requirements of all applicable state regulations, including, but not limited to, the following:
(1)
Erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35 P.S. § 691.1 et seq.). An approved conservation plan or an erosion and sedimentation control plan shall be maintained on site.
(2)
Stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(3)
Relationships of state laws, regulations, and permits to the logging plan.
(4)
Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map, as specified under the provisions of this chapter, provided that all information required by these paragraphs are included or attached.
H.
General requirements. The following specific requirements shall apply to all timber harvesting operations:
(1)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the affected thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.
(4)
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(5)
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated.
(6)
Skid trail, skid road, haul road, and landing area design shall be consistent with local and state guidelines.
(7)
Hours during which harvesting can occur are subject to approval of East Lampeter Township.
(8)
Landing and staging areas as well as haul and skid roads shall be restored and reseeded after the harvest is complete. Site access roads shall be closed to the general public.
I.
Exterior storage areas for trash and rubbish shall comply with the provisions specified under § 375-22240 (solid waste disposal) of this chapter.
J.
Public roads. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to public roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages.
§ 375-23300 Funeral home.
A.
Funeral home, as defined under § 375-2020 of this chapter, shall be permitted by right within the C-1, MU, BH, VG and VC Zoning Districts.
Chart 375-23300: Funeral Home | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | ||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23300 of this chapter has been provided as a general reference guide. The provisions contained under § 375-23300 and underlying zoning district provides specific regulations for funeral home.
C.
General requirements. The following general requirements shall apply to funeral home:
(1)
Funeral home shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
Funeral home shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving funeral home shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
(4)
All funeral homes shall comply with all pertinent state and federal laws involving the ownership, licensing, management and operation of a funeral home.
(5)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(6)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
(7)
The landowner shall provide East Lampeter Township and the emergency service responders (police, fire and ambulance) with a list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the emergency service responders.
§ 375-23310 Garage, commercial and public.
A.
Garage, as further defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A garage that is classified as a "garage, commercial," "commercial garage," "garage, public," or "public garage" shall be permitted as a principal or accessory use by right within the C-3 and BP Zoning Districts.
(2)
A garage that is classified and defined as a "private garage" shall be permitted as an accessory use, subject to the requirements specified for the principal use and zoning district on which the principal use is located. The provisions specified under § 375-23310 of this chapter shall not apply to a "private garage."
(3)
A "parking compound," as defined by this chapter, shall be a principal use permitted by right within the BP Zoning District, subject to the provisions of § 375-23310 of this chapter.
Chart 375-23310: Garage, Commercial and Public | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P, A 1, 2 | P, A 1, 2, 3 | |||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot and Building Size Requirements | |||||||||||||
2 = Special Vehicular Access Requirements | 3 = Parking Compound | ||||||||||||||
B.
The chart contained under § 375-23310A of this chapter has been provided as a general reference guide. Section 375-23310 and the underlying zoning district provide specific regulations for a "garage, commercial and public."
C.
Permitted uses. The following principal and accessory uses may be contained within the garage:
(1)
The principal use shall be the garage facility including the driveways, access lanes, parking spaces and all structural components of the garage.
(2)
The accessory uses of the garage may include: administrative offices, maintenance facilities; storage facilities; security areas and facilities; work stations; toll booths, elevators; stairs; pedestrian crossing areas; vending machines, concession stands; snack bars; newsstands; government installations; and/or other similar areas. The total gross floor area for all permitted accessory uses shall not exceed 20% of the total gross floor area of the garage.
D.
Setback, coverage and height requirements. The following provisions shall apply to a garage:
(1)
The minimum lot width for the garage shall be 200 feet.
(2)
All uses, buildings and/or structures associated with the garage shall be located at least 30 feet from any street right-of-way line or property line.
(3)
No more than 60% of the lot shall be covered by buildings and/or structures.
(4)
No more than 80% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving,
(5)
Unless otherwise permitted, the maximum height of the garage shall be 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
(6)
All other uses and site improvements shall comply with the bulk and height requirements, which are further specified by the appropriate zoning district to which the garage is located.
E.
General requirements. The following general provisions shall also apply to a garage:
(1)
The garage shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The garage shall be serviced by public water supply facilities (where available), which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(4)
Any booths or other structures utilized for the collection of admission and/or parking fees shall be setback and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees, such as by roaming parking lot attendants, shall be conducted in such a manner as to prevent vehicle backups on adjoining roads.
(5)
The landowner and operator of the garage shall be responsible to resolve, mitigate and/or correct any traffic congestion problems that occur on public roads, which are related to ingress and egress to the garage.
(6)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(7)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
§ 375-23320 Golf course.
A.
Golf course, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A golf course shall be permitted as a principal use by right within the C-3 Zoning District.
(2)
A golf course shall be permitted as a principal use by special exception within the R-1 and R-2 Zoning Districts.
Chart 375-23320: Golf Course | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | ||||||||||||||
Special exception | P 1 | P 1 | |||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size Requirements | |||||||||||||
B.
The chart contained under § 375-23320A of this chapter has been provided as a general reference guide. Section 375-23320 and the underlying zoning districts provide specific regulations for golf courses.
C.
Permitted uses. The following principal and accessory uses shall be as part of a golf course:
(1)
The principal use shall be the golf course.
(2)
Subordinate or accessory uses for a golf course shall be limited to: clubhouse; pro shop; administrative offices; restaurants, banquet facilities; social hall; storage buildings; maintenance buildings; driving range; practice chip and putting areas; private recreation uses; recreation health club; locker rooms; picnic pavilions; concession stands; retail center; child care facilities; and/or other similar accessory uses. The accessory uses shall be considered subordinate uses that directly benefit the principal use and patrons of the golf course.
(3)
Golf courses shall include a regulation public or private golf course.
(4)
Golf courses shall include executive golf courses.
(5)
A golf driving range and a golf practice chip and putting area may be permitted as an accessory use.
(6)
All permitted principal and accessory golf related uses shall not include any illumination or exterior lighting for night-time use.
(7)
Miniature golf or putt-putt golf shall be considered as a commercial recreation use.
D.
Area and utility requirements. The following general provisions shall apply to golf courses:
(1)
Golf courses shall be located on a lot containing a minimum of 100 acres.
(2)
Golf courses shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Golf courses shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving golf course shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
Setback, coverage and height requirements. The golf course shall comply with the following setback, coverage and height requirements:
(1)
All buildings and/or structures utilized to occupy a principal use, as specified under § 375-23310C of this chapter shall be located at least 100 feet from any street right-of-way line or property line.
(2)
All buildings and/or structures utilized to occupy an accessory use, as specified under § 375-23310C of this chapter shall be located at least 50 feet from any street right-of-way line or property line.
(3)
The golf course, including the cart paths, tee boxes, fairways, putting greens, sand traps, man-made water features, rough, and all other areas considered to be in-play shall be located at least 20 feet from any street right-of-way line or property line.
(4)
The golf driving range, practice chipping areas and practice putting greens shall be located at least 100 feet from any street right-of-way line or property line.
(5)
All private recreation uses, restricted recreation uses, swimming pools, tennis courts, and other non-golf related recreation uses shall be located at least 100 feet from any street right-of-way line or property line.
(6)
All picnic pavilions and outdoor entertainment areas shall be located at least 100 feet from any street right-of-way line or property line.
(7)
All other principal or accessory uses that are not contained within a building or structure shall be located at least 100 feet from any street right-of-way line or property line.
(8)
No more than 10% of the lot shall be covered by buildings.
(9)
No more than 20% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving,
(10)
The maximum height of any building or structure shall be 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
F.
General requirements. The following general requirements shall apply to golf courses:
(1)
The golf course shall be designed to consider the health, safety and general welfare of the golfers, patrons, adjacent property owners, and the occupants of vehicles driving along adjacent roads. The applicant shall identify how the potential adverse impacts will be mitigated and/or prevented.
(2)
The golf course shall be designed so that golf shots from the tee boxes and fairways will not need to cross a public road, building, parking lot, access drive and/or any permitted accessory use of the golf course.
(3)
Protective measures, including security netting and fencing should be considered in areas to be potentially hazardous as a result of errant golf shots.
(4)
The cart paths and staging areas located at each tee box properly graded and improved as a dust-free and mud-free surface.
(5)
Clearly defined golf paths shall be provided for all crossings of streets, access drives, and driveways. Where permitted, the golf course crossings shall be designed to comply with the following requirements:
(a)
Each crossing shall be perpendicular to the traffic movement of the street or driveway being crossed.
(b)
Only one street, access drive, or driveway may be crossed at each location.
(c)
The crossing shall be provided with a clear-sight triangle of 75 feet, as measured along the street, access drive, or driveway center line and the golf path center line, to a location on the center line of the golf path, as measured 10 feet from the edge of the roadway. No permanent obstruction over three feet high shall be placed within this area.
(d)
Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment.
(e)
The golf cart path shall not exceed a slope of 5% within 25 feet of the cartway crossing.
(f)
Golf path crossings shall have signs warning motorists, pedestrians, and golfers. The surface of the golf path crossing shall be brightly painted with angle stripes.
(g)
Golf path crossings of collector and arterial roads shall include a tunnel below street grade or a bridge above street grade. At-grade golf path crossings of collector and arterial streets are prohibited. The construction of the tunnel or bridge shall comply with minimum requirements specified by East Lampeter Township and the Pennsylvania Department of Transportation.
(6)
Landscaping and buffering measures should be strategically integrated into the site plan.
§ 375-23330 Greenhouse as commercial use.
A.
Greenhouse as a commercial use, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the AG, C-1, C-2, I-1, BH, VG and VC Zoning Districts. Noncommercial greenhouse regulations can be found in Article XXII, § 375-22030M.
Chart 375-23330: Greenhouse as a Commercial Use | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | ||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Design Requirements | |||||||||||||
B.
The chart contained under § 375-23330A of this chapter has been provided as a general reference guide. Section 375-23330 and the underlying zoning district provide specific regulations for greenhouses.
C.
General requirements. The following provisions shall also apply to commercial greenhouses:
(1)
The commercial greenhouse shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The commercial greenhouse shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall comply with plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the home improvement and/or building supply store shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(4)
All buildings, structures, external storage areas and/or open areas utilized as part of the commercial greenhouse shall be located at least 50 feet from any land or water areas considered to be floodplains, perennial streams, intermittent streams, surface waters, wetlands, water supply wells, and slopes exceeding 25% in grade.
(5)
The commercial greenhouse shall comply with the maximum building coverage and lot coverage requirements specified by the zoning district on which it is located on.
(6)
The maximum height of any building or structure shall be 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
(7)
Commercial greenhouse shall comply with all local, state and federal laws concerning manure management, nutrient management, fertilizer applications, biosolid or sludge applications, water supply, stormwater management, erosion and sedimentation control, and sanitary sewage disposal.
(8)
The display and sale of items not grown on the premises shall not exceed 25% of the total display and retail sales area on the property.
§ 375-23340 Grocery store.
A.
Grocery store, as further defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A grocery store shall be permitted as a principal use by right within the C-1, BP, MU, VG and VC Zoning Districts. The grocery store shall be located on a conforming lot, which shall not be occupied by other principal or accessory uses that would exceed the provisions specified by this chapter.
(2)
A grocery store shall be permitted as an accessory use by right within the C-2 and C-3 Zoning Districts. The grocery store may be located on a conforming lot with other principal or accessory uses that could be planned and developed as a shopping center.
Chart 375-23340: Grocery Store | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | A | A | P 1 | P 1 | P 1 | |||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Design Standards | |||||||||||||
B.
The chart contained under § 375-23340A of this chapter has been provided as a general reference guide. Section 375-23340 and the provisions of the underlying zoning district shall apply to grocery stores.
C.
Area and utility provisions. The following lot area and utility provisions shall apply to a grocery store:
(1)
A grocery store that is to be developed as an accessory use as part of a retail center or shopping center use within the C-2 and C-3 Zoning Districts shall be located on a conforming lot occupied by the shopping center. The maximum gross floor area designated at the grocery store shall not exceed more that 30% of the gross floor area of the building occupied by the retail center or shopping center use.
(2)
The grocery store shall comply with the following minimum and maximum gross floor area requirements:
(a)
The grocery store shall be located on a conforming lot in the zoning district on which it is located.
(b)
The gross floor area shall be a maximum of 70,000 square feet for a grocery store located within the C-1, C-2, C-3, MU, VG and VC Zoning Districts.
(c)
The gross floor area shall be a maximum of 140,000 square feet for a grocery store located within the BP Zoning District.
(d)
The gross floor area calculations shall exclude any area that is occupied by gasoline pump dispensers and the canopy over the dispensers.
(3)
The canopy covering the fuel pumps shall not exceed the following provisions:
(a)
The canopy shall not exceed a coverage area of 6,000 square feet for a grocery store located within the C-1, C-2, C-3, MU, VG and VC Zoning Districts.
(b)
The canopy shall not exceed a coverage area of 7,000 square feet for a grocery store located within the BP Zoning District.
(c)
The canopy shall not exceed a height of 25 feet. East Lampeter Township may permit a greater canopy height up to 30 feet if the design of the canopy is considered as an architectural or visual enhancement.
(d)
The canopy shall not be located within 10 feet of the street right-of-way line and shall comply with the minimum side and rear yard setback requirements for the zoning district on which the canopy is located.
(4)
The grocery store shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(5)
The grocery store shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(6)
All other utility provisions serving the grocery store shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
D.
General requirements. The following general standards shall be required for a grocery store:
(1)
The sale of gasoline, diesel fuel, kerosene and/or other petroleum products shall be permitted as an accessory use or as a commercial option for a grocery store. The following provisions shall apply:
(a)
The maximum number of fueling pumps shall be limited to six fuel pumps with 12 fueling positions for a grocery store located within the C-1, C-2, C-3, MU, VG and VC Zoning Districts.
(b)
The maximum number of fueling pumps shall be limited to 12 fuel pumps with 24 fueling positions for a grocery store located within the BP Zoning District.
(2)
All merchandise or retail items sold on the premises shall not located be within the street right-of-way and areas designated as vehicular driveways or access lanes. All such areas may be located adjacent to the building provided that the storage of any merchandise does not interfere with the permitted retail sales use and that a five-foot minimum width is provided to accommodate pedestrian circulation.
(3)
All transactions shall be conducted within the grocery store or at automated fuel pumps.
(4)
A drive-up or drive-through service lane shall be permitted. All such facilities shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the back-ups onto adjoining roads or adjacent properties.
(5)
The service lanes for the fuel pumping stations shall be designed with sufficient on-site stacking or queuing lanes to prevent the traffic congestion and/or the back-ups onto adjoining roads or adjacent properties.
(6)
The use shall not be permitted as a principal use or commercial option for a grocery store. The on-site demolishing or dismantling of vehicles for salvage or parts shall be prohibited.
(7)
Shopping cart storage areas shall comply with the provisions of § 375-22180 of this chapter.
(8)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
§ 375-23350 Heavy equipment, sales, service and/or repair facility.
A.
Heavy equipment, sales, service and/or repair facilities, as further defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Heavy equipment, sales, service and/or repair facilities shall be permitted as a principal use by right within the AG Zoning District, provided that the activities are intended to support agricultural operations.
(2)
Heavy equipment, sales, service and/or repair facilities shall be permitted as a principal use by right within the I-2 Zoning District.
(3)
Heavy equipment, sales, service and/or repair facilities that are located and contained within an enclosed conforming building shall be permitted by special exception within the MU and VG Zoning Districts.
Chart 375-23350: Heavy Equipment, Sales, Service and/or Repair Facility | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 2 | |||||||||||||
Special exception | P 3 | P 3 | |||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Activities are intended to support agricultural uses and operations | |||||||||||||
2 = Activities are intended to support all uses and operations | 3 = Activities to be contained within a conforming building | ||||||||||||||
B.
The chart contained under § 375-23350A of this chapter has been provided as a general reference guide. Section 375-23350 and the provisions of the underlying zoning district shall apply to the permitted uses and activities.
C.
Use limitations and restrictions. Unless otherwise permitted by East Lampeter Township, the following use limitations and restrictions shall apply to heavy equipment, sales, service and/or repair facilities:
(1)
The sale of gasoline, diesel fuel, kerosene and/or other petroleum products shall not be permitted as a principal use or commercial option for a heavy equipment, sales, service and/or repair facility.
(2)
Heavy equipment, sales, service and/or repair facilities may include: trucks (PennDOT Class 4 or greater), cargo trailers, buses, boats, yachts, farm vehicles and equipment, mechanized amusement rides, industrial equipment and/or other similar types of heavy equipment. Vehicles or equipment that does not meet these parameters shall not be permitted as part of a heavy equipment, sales, service and/or repair facility.
(3)
The sale of parts, equipment, accessories, lubricants and/or petroleum products may be permitted as an accessory use to a heavy equipment, sales, service and/or repair facility. No more than 25% of the gross floor area of the building occupying the heavy equipment, sales, service and/or repair facility shall be utilized for retail sales.
(4)
All heavy equipment that has been brought in for service, maintenance or repair shall in a state of active repair and shall not be permitted on the premises for a period of more than 60 days.
(5)
Impoundment facilities or storage areas of heavy equipment shall be permitted as an accessory use by right to the heavy equipment, sales, service and/or repair facility. The on-site demolishing or dismantling of heavy equipment for salvage or parts shall be prohibited.
D.
General requirements. The following provisions shall apply to heavy equipment, sales, service and/or repair facilities:
(1)
The heavy equipment, sales, service and/or repair facility shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The heavy equipment, sales, service and/or repair facility shall be serviced by public water supply facilities (where available), which shall be consistent with plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the heavy equipment, sales, service and/or repair facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
Unless otherwise specified, the heavy equipment, sales, service and/or repair facility shall comply with the setback, coverage and height requirements of the zoning district on which the principal building(s) and sales area are located.
(5)
The temporary storage of heavy equipment that have been brought to the facility for repair or service shall be located at least 50 feet from all street right-of-way lines and all other property lines.
(6)
The permanent or temporary storage of heavy equipment that is for sale on the property shall be located at least 30 feet from all street right-of-way lines and all other property lines.
(7)
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the automobile service facility shall be permitted.
(8)
All vehicles that are stored on the property shall be in an active state of repair or scheduled to be repaired.
§ 375-23360 Home improvement and/or building supply store.
A.
Home improvement and/or building supply stores, as further defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the C-1, C-2, VG and VC Zoning Districts.
Chart 375-23360: Home Improvement and/or Building Supply Store | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 1 | P 1 | P 1 | |||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23360A of this chapter has been provided as a general reference guide. Section 375-23360 and the underlying zoning districts shall apply to home improvement and/or building supply stores.
C.
General requirements. The following standards shall be required for home improvement and/or building supply store:
(1)
The home improvement and/or building supply store shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The home improvement and/or building supply store shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the home improvement and/or building supply store shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company, the utility services shall be installed underground.
(4)
All merchandise or retail items sold on the premises shall not located be within the street right-of-way and areas designated as vehicular driveways or access lanes. All such areas may be located adjacent to the building provided that the storage of any merchandise does not interfere with the permitted retail sales use and that a five-foot minimum width is provided to accommodate pedestrian circulation.
(5)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(6)
All drilling, cutting, sawing, mixing, crushing and/or preparation of building materials shall be conducted within an enclosed building.
(7)
All testing or repair of motorized equipment shall be conducted within an enclosed building.
(8)
Shopping cart storage areas shall be located and designed to comply with the provisions of § 375-22220 of this chapter.
§ 375-23370 Home occupation.
A.
Home occupation, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A "no-impact home occupation" shall be permitted as an accessory residential use by right in the AG, R-1, R-2, R-3, C-1, C-2, C-3, BP, MU, BH, VG, VC and VR Zoning Districts.
(2)
A "minimal impact home occupation" shall be permitted as an accessory residential use by special exception in the AG, R-1, R-2, R-3, C-1, C-2, C-3, BP, MU, BH, VG, VC and VR Zoning Districts.
Chart 375-23370.1: Home Occupation as Accessory Use to Single-Family Detached Dwelling | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | ||
Special exception | A 2 | A 2 | A 2 | A 2 | A 2 | A 2 | A 2 | A 2 | A 2 | A 2 | A 2 | A 2 | A 2 | ||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = No Impact Home Occupation | 2 = Minimal Impact Home Occupation | ||||||||||||||
B.
The chart contained under § 375-23370A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23370C shall apply to a "no-impact home occupation use" and the provisions for contained under § 375-23370D shall apply to a "minimal impact home occupation use."
C.
No-impact home occupation. The following provisions shall apply to a no-impact home occupation:
(1)
The no-impact home occupation shall be accessory to a permitted residential use, which shall be maintained and occupied by the landowner or tenant.
(2)
The no-impact home occupation use may include a nonresidential business activity that is administered or conducted as an accessory use, which is clearly secondary or incidental to the permitted residential use. All such no-impact home occupation uses shall involve no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises, in excess of those normally associated with a permitted residential use.
(3)
The no-impact home occupation shall include only lawful uses.
(4)
The residential use shall be located on a conforming lot that complies with the land area, setback and height requirements of the zoning district on which the residential use is located.
(5)
The no-impact home occupation shall be conducted within the residential dwelling or a permitted accessory building. The area devoted to the home occupation use shall not be greater than 25% of the floor area of the residential detached dwelling unit or 500 square feet, whichever is less.
(6)
The principal and accessory use shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(7)
The principal and accessory use shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(8)
The sanitary sewage disposal facilities and water supply facilities shall have sufficient capacities to accommodate the residential use and the no-impact home occupations use.
(9)
There shall be no more than one home occupation per residential dwelling unit.
(10)
The no-impact home occupation use shall include no employees other than family members residing within the permitted residential use.
(11)
The exterior appearance of the residential use shall be maintained as a residence. There shall be no stockpiling, storage or inventory of products of a substantial nature.
(12)
There shall be no outdoor storage of materials, supplies, and/or products. Storage of materials, supplies, and/or products may be permitted in an accessory structure or attached garage with appropriate safety precautions.
(13)
Retail sales shall not be permitted as part of the no-impact home occupation use.
D.
Minimal impact home occupation. The following provisions shall apply to a minimal impact home occupation:
(1)
The minimal impact home occupation use shall be accessory to a permitted single-family detached dwelling, which shall be maintained and occupied by the landowner or tenant.
(2)
The following minimal impact home occupations shall be permitted by special exception as an accessory use to a single-family dwelling: artists; beauticians and barbers; noncommercial day-care facilities; seamstress; tailor; teacher, tutor or instructor; technical support; mechanical repair; carpentry; landscaping; therapeutic and health care services; technical support services; professional business services; and other similar minimal impact uses not listed.
(3)
The minimal impact home occupation shall be conducted within the single-family detached dwelling or permitted accessory building. The area devoted to the home occupation use shall not be greater than 30% of the floor area of the single-family detached dwelling unit or 750 square feet, whichever is less.
(4)
The principal and accessory use shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(5)
The principal and accessory use shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(6)
The sanitary sewage disposal facilities and water supply facilities shall have sufficient capacities to accommodate the single-family detached dwelling and the home occupations use.
(7)
The applicant shall provide documentation to East Lampeter Township that all plumbing, heating, electrical, sanitary sewage disposal, water supply, storm sewer, and similar facilities comply with all applicable laws and regulations specified by East Lampeter Township and/or the Commonwealth of Pennsylvania.
(8)
There shall be no more than one home occupation per dwelling unit.
(9)
The person who owns and operates the home occupation shall be a resident of the dwelling.
(10)
No more than two nonresident employees shall be permitted. However, in the case of a home occupation of an office in the building trades and similar fields, the business may have additional employees for off-site activities, provided that they are not employed on-site, they do not park on or near the property, and they do not visit the property during the course of business.
(11)
The exterior appearance of the single-family detached dwelling shall be maintained as a residence.
(12)
Retail sales shall only be permitted, provided that the solicitation and transaction is limited to a single client via appointment.
(13)
No storage or display of goods shall be visible from the outside of the building.
(14)
There shall be no outdoor storage of materials, supplies, and/or products. Storage of materials, supplies, and/or products may be permitted in an accessory structure or attached garage with appropriate safety precautions.
(15)
No explosive or highly combustible materials shall be used or stored on the premises.
(16)
The use shall not require the delivery of materials and goods by trucks larger than standard panel truck.
(17)
The home occupation use shall not generate waste products or material of a quality or quantity not normally associated with a residential use.
§ 375-23380 Horse barns for transportation.
A.
Horse barns for transportation, as defined under § 375-2020 (definitions ) of this chapter, shall be permitted as an accessory residential use within the AG, R-1, R-2, BH, VG, VC and VR Zoning Districts.
Chart 375-23380: Horse Barns for Transportation | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | ||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Vehicular Access Requirements | |||||||||||||
B.
The chart contained under § 375-23370A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23370 and the underlying zoning districts provide specific regulations for horse barns for transportation.
C.
Area and setback requirements. The following provisions shall apply to horse barns for transportation:
(1)
The permitted principal use and the horse barn for transportation use shall be located on a conforming lot with a minimum lot area of 20,000 square feet.
(2)
The barn housing the horses shall be located at least 20 feet from all property lines and street right-of-way lines.
(3)
The grazing area for the horses shall be located at least 10 feet from all property lines.
D.
General requirements. The following general provisions shall apply to a horse barn for transportation:
(1)
No more than one horse shall be housed on a residential lot containing a lot area between 20,000 square feet and one acre. An additional horse may be added for each additional acre over the one acre base requirement.
(2)
The maximum number of horses housed on the residential lot shall comply with the approved manure management plan for the property.
(3)
The horses shall be kept within a fully enclosed detached building. The same building may also be used for the sheltering of additional horses belonging to visitors, provided that the time period is less than seven days per calendar year.
(4)
If a grazing area is provided, it shall be enclosed by a fence with a minimum height of four feet and maximum height of six feet.
(5)
The owner of the horses shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.
(6)
The horse barn for transportation shall comply with all local, state and federal laws concerning manure management, nutrient management, fertilizer applications, water supply, stormwater management, erosion and sedimentation control, and sanitary sewage disposal.
(7)
The plan for manure management shall be consistent with the policies of the Lancaster County Conservation District and/or other agencies with jurisdiction.
§ 375-23390 Hospital and/or medical center.
A.
A "hospital" and/or "medical center," as defined under § 375-2020, shall be permitted as a principal use by right within the BP Zoning District.
Chart 375-23390: Hospital and/or Medical Center | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | ||||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23390A of this chapter has been provided as a general reference guide. Section 375-23390 and the underlying zoning districts provide specific regulations for hospitals and/or medical centers.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a hospital or medical center.
(1)
The principal use shall be the hospital or medical center.
(2)
Subordinate uses within the hospital or medical center shall be limited to: restaurants or cafeterias; administrative and professional offices; retail sales establishments; banks or financial institutions; personal care or service establishments; conference or convention centers; commercial day-care facilities; recreational uses; educational uses; religious uses; and other similar uses that are determined appropriate by East Lampeter Township as part of the conditional use application. The cumulative gross floor area for all such accessory uses shall not occupy more than 40% of the cumulative gross floor area of all uses within the hospital or medical center. All subordinate uses shall be located at least 50 feet from all property lines and street rights-of-way.
D.
Hospitals and medical centers shall comply with the following minimum and maximum dimensional requirements:
(1)
A minimum of five acres of contiguous net land area shall be required for a hospital or medical center.
(2)
The minimum lot width shall be 200 feet.
(3)
All buildings shall be located at least 50 feet from all property lines and street right-of-way lines.
(4)
The minimum distance between principal buildings shall be 50 feet.
(5)
The maximum building coverage shall be 60% of the lot.
(6)
The maximum impervious coverage shall be 80% of the lot.
(7)
The maximum height of an in-patient hospital building shall be 70 feet at the front yard, side yard and rear yard building setback lines. Taller buildings or structures are permitted, provided that an additional setback of two feet is provided for every one foot of height in excess of 70 feet up to a maximum height of 95 feet.
E.
Hospitals and/or medical centers shall be subject to the following general requirements:
(1)
The uses contained within the hospital or medical center shall be served by public sanitary sewer facilities, which shall be planned in accordance with the East Lampeter Township Sewage Facilities Plan, as adopted to comply with Pennsylvania Sewage Facilities Act and ordinances adopted by East Lampeter Township.
(2)
The uses contained within the hospital or medical center shall be served by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the hospital or medical center shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, all utility connections shall be installed underground.
(4)
All heliport or helistop facilities shall be located at least 500 feet from all property lines. All such uses shall be approved by the appropriate local, state and federal authorities.
(5)
The primary points of ingress and egress to the medical research park shall be located along a collector or arterial street. As part of the land development application, the applicant shall mitigate all potential traffic impacts that will be created by the hospital or medical center.
(6)
All designated points of ingress and egress for emergency management vehicles shall be located at least 500 feet from a residential zoning district and designed to consider traffic volumes on existing streets and adjacent uses.
(7)
All property lines adjacent to existing residential land uses shall be adequately screened and buffered so as to protect the residential neighborhood from inappropriate noise, light and other disturbances.
(8)
The off-street parking and loading spaces shall be designed to comply with the provisions specified under § 375-22150 and § 375-22160 of this chapter. The interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for the loading or unloading of emergency response vehicles, buses and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
(9)
The applicant shall develop, implement and maintain a working plan for the trash disposal, recycling and the clean-up of litter that is a result of the facility operations and visitors.
(10)
All medical waste, biohazardous materials, equipment, red bag waste, and other similar items, which because of its potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(11)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
§ 375-23400 Hotel and/or motel.
A.
Hotel and/or motel, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A hotel or motel containing a maximum of 75 rental units or rooms within a building(s) shall be permitted as a principal use by right within the VG Zoning District.
(2)
A hotel or motel containing a maximum of 100 rental units or rooms within a building(s) shall be permitted as a principal use by right within the BH and VC Zoning Districts.
(3)
A hotel or motel containing a maximum of 125 rental units or rooms within a building(s) shall be permitted as a principal use by right within the C-2 Zoning District.
(4)
A hotel or motel containing a maximum of 200 rooms or rental units within a building(s) with a maximum height of 60 feet shall be permitted as a principal use by right in the C-3 Zoning District.
(5)
A hotel or motel containing a maximum of 400 rooms or rental units within a building(s) shall be permitted as a principal use by conditional use within the C-3 Zoning District.
(6)
A hotel or motel containing a maximum of 400 rooms or rental units within a building(s) shall be permitted by right in the BP Zoning District.
(7)
An "extended stay hotel" shall be permitted by right in the BP Zoning District and by special exception within the C-3, BH, VG and VC Zoning Districts. The maximum number of units within an extended stay hotel shall be limited to the maximum number of units that are permitted for a hotel or motel use within the zoning district in which the extended stay hotel is located. The maximum height for an extended stay hotel shall be equal to the maximum height for a hotel or motel use within the zoning district in which the extended stay hotel is located.
Chart 375-23400: Hotel or Motel | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 3 | P 4 | P 6, 7 | P 2 | P 1 | P 2 | |||||||||
Special exception | P 7 | P 7 | P 7 | P 7 | |||||||||||
Conditional use | P 5 | ||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Maximum of 75 rental units in the VG Zoning District | |||||||||||||
2 = Maximum of 100 rental units in the BH and VC Zoning Districts | 3 = Maximum of 125 rental units within the C-2 Zoning District | ||||||||||||||
4 = Maximum 200 rental units within the C-3 Zoning District | 5 = Maximum 400 rental units within the C-3 Zoning District | ||||||||||||||
6 = Maximum of 400 units in BP Zoning District | 7 = Extended stay hotel | ||||||||||||||
B.
The chart contained under § 375-23400A of this chapter has been provided as a general reference guide. Section 375-23400 and the underlying zoning districts provide specific regulations for hotels and/or motels.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a hotel or motel use.
(1)
The principal use shall be the hotel or motel contained six or more residential units.
(2)
Subordinate or accessory uses within the hotel or motel shall be limited to the following:
(a)
VG Zoning District: administrative offices; meeting rooms; retail sales; child care facilities; amusement arcades; and/or other similar uses. The cumulative gross floor area or occupied space for all such subordinate or accessory uses shall not occupy more than 5% of the cumulative gross floor area or occupied space area of all permitted uses within the hotel or motel.
(b)
BH and VC Zoning District: administrative offices; restaurants; recreation facilities and uses; meeting rooms; retail sales; child care facilities; theaters; amusement arcades; and/or other similar uses. The cumulative gross floor area or occupied space for all such subordinate or accessory uses shall not occupy more than 10% of the cumulative gross floor area or occupied space area of all permitted uses within the hotel or motel.
(c)
C-2 Zoning District: administrative offices; restaurants; recreation facilities and uses; meeting rooms; retail sales; child care facilities; theaters; amusement arcades; and/or other similar uses. The cumulative gross floor area or occupied space for all such subordinate or accessory uses shall not occupy more than 10% of the cumulative gross floor area or occupied space area of all permitted uses within the hotel or motel.
(d)
C-3 Zoning District: administrative offices; conference centers; meeting rooms; restaurants, recreation facilities and uses; entertainment uses; theaters; retail sales; personal care or service uses; child care facilities; amusement arcades; and/or other similar uses. The cumulative gross floor area or occupied space for all such subordinate or accessory uses shall not occupy more than 20% of the cumulative gross floor area or occupied space area of all permitted uses within the hotel or motel.
(e)
BP Zoning District: administrative offices; conference centers; meeting rooms; restaurants, recreation facilities and uses; entertainment uses; theaters; retail sales; personal care or service uses; child care facilities; amusement arcades; and/or other similar uses. The cumulative gross floor area or occupied space for all such subordinate or accessory uses shall not occupy more than 20% of the cumulative gross floor area or occupied space area of all permitted uses within the hotel or motel.
(f)
The accessory and subordinate uses shall be designed to directly benefit and accommodate the guests of the hotel or motel.
(3)
An on-site manager may occupy an attached or contained dwelling for full-time residential occupancy.
(4)
The maximum stay within a hotel shall be 30 days per Pennsylvania Uniform Construction Code regulations, unless otherwise altered by local, state, or federal regulations.
(5)
An "extended stay hotel" shall not be classified and/or occupied as a residential apartment or multifamily dwelling. The maximum length of stay at an "extended stay hotel" shall be 180 cumulative days within any given calendar years.
(6)
The permitted uses described within § 375-23400C(1) and (2) of this chapter may be permitted outside of the hotel or motel provided that such uses comply with the setback requirements specified by the underlying zoning district.
D.
General requirements. The following general requirements shall apply to a hotel or motel use:
(1)
The hotel or motel shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The hotel or motel shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving hotel or motel shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
The architectural features or building facade for the uses within the hotel or motel shall be harmoniously planned as a unified development. As part of the land development plan application, the applicant or developer shall identify the nonresidential uses and demonstrate how these uses can be amicably planned considering their architectural appearance.
(5)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(6)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
(7)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
§ 375-23400.1 Integrated commercial enterprise.
[Added 9-20-2021 by Ord. No. 354]
A.
Integrated commercial enterprise, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
An Integrated commercial enterprise on a lot with a minimum of two acres and a maximum of 10 acres shall be permitted as a principal use by right within the VC Zoning District, provided that the warehousing component of the use does not exceed 20,000 cumulative square feet of gross floor area (excluding any permitted outdoor storage).
Chart 375-23400.1: Integrated Commercial Enterprise | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | ||||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size Requirements | |||||||||||||
B.
The chart contained under § 375-23400.1A of this chapter has been provided as a general reference guide. Section 375-23400.1 and the underlying zoning district provide specific regulations for integrated commercial enterprises.
C.
Permitted uses. The following land use provisions shall apply to an integrated commercial enterprise:
(1)
The principal use shall be the integrated commercial enterprise, which shall include an office use and a warehouse use that are intertwined and function as one operation on the same lot.
D.
Area and utility requirements. The following general provisions shall apply to an integrated commercial enterprise:
(1)
The integrated commercial enterprise shall be located on a lot that complies with the following lot area and building size requirements:
(a)
An integrated commercial enterprise shall have a minimum lot size of two acres and a maximum lot size of 10 acres. An integrated commercial enterprise shall only be permitted on lots between two acres and 10 acres existing at the time of enactment of this chapter amendment.
(b)
The warehouse component of the integrated commercial enterprise shall not exceed 20,000 cumulative square feet of gross floor area (excluding any permitted outdoor storage).
(c)
The cumulative gross floor area of the office component of the integrated commercial enterprise must exceed the cumulative gross floor area of the warehouse component of the integrated commercial enterprise.
(2)
The integrated commercial enterprise shall be serviced by public (where available) or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The integrated commercial enterprise shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with the plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the integrated commercial enterprise shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
E.
General requirements. The following general requirements shall apply to an integrated commercial enterprise:
(1)
All integrated commercial enterprises and activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner shall design, construct and implement appropriate safeguards.
(2)
Outdoor storage of materials shall be permitted in connection with the warehouse component of the integrated commercial enterprise, provided such storage is located on an impervious surface and is screened from adjacent residential uses. Outdoor storage shall not encroach into the minimum off-street parking spaces required for the integrated commercial enterprise.
(3)
Outdoor storage associated with the integrated commercial enterprise shall not impede emergency access to the lot or the building(s) on the lot.
(4)
The office component of the integrated commercial enterprise may include offices; meeting rooms; conference rooms; work stations; cafeterias; vending machines; snack bars; private or restricted recreational uses; and/or other similar uses, as determined appropriate by East Lampeter Township.
(5)
An integrated commercial enterprise shall be located along and gain primary access from a public road owned and maintained by East Lampeter Township. Secondary and truck access may be provided via a state route.
(6)
Where overnight parking is permitted, the trucks or commercial vehicles utilizing the facilities shall not be kept running or idling for a period of time that exceeds the provisions specified by the Pennsylvania Diesel Powered Motor Vehicle Act and other state or federal laws.[1]
[1]
Editor's Note: See 35 P.S. § 4601 et seq.
(7)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(8)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would adversely impact neighboring properties or be noticeable at or beyond the property line.
(9)
All hazardous waste, toxic waste, infectious waste, and other similar items, which because of its potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(10)
All trucks, trailers and commercial vehicles stored on the property shall be arranged so as to permit access to emergency management equipment.
(11)
An integrated commercial enterprise shall constitute a single principal use that is not subject to the provisions of § 375-23590 of this chapter.
§ 375-23405 Integrated business campus.
[Added 8-18-2025 by Ord. No. 382]
A.
An integrated business campus, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
An integrated business campus shall be permitted by right in the I-1, I-2 and BP districts.
Chart 375-23405: Integrated Business Campus | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | ||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23405A of this chapter has been provided as a general reference guide. Section 375-23405 and underlying zoning districts provide specific regulations for the integrated business campus.
C.
Permitted uses and land use restrictions.
(1)
Integrated business campuses are permitted as a principal use and may include commercial recreational uses with indoor and outdoor areas used for training, competition and tournaments as long as such uses are directly related to the overall purpose of the business.
(2)
Accessory and subordinate uses for an integrated business campus, including food service facilities, are allowed as long as the cumulative gross floor area for all accessory uses does not occupy more than 25% of the cumulative gross floor area of all buildings being used as part of the integrated business campus.
(3)
The designated area for the retail sales area that is available to display merchandise to the public shall not exceed 60% of the gross square footage of all buildings within an integrated business campus or 40,000 square feet, whichever is less.
(4)
Integrated business campuses shall be contained on a single lot with a minimum gross lot area of four acres and shall comply with the area, dimensional and height requirements of the underlying zoning district in which they are located. To the extent a conflict exists between the area, dimensional and height requirements of the underlying zoning district in which an integrated business campus is located and the area, dimensional and height requirements for a specific use within an integrated business campus, the requirements of the underlying zoning district shall be followed.
(5)
Applicants shall locate, design and construct parking areas for an integrated business campus consistent with the requirements of § 375-22160. Applicants shall provide one parking space per 400 square feet of gross floor area of all buildings used in an integrated business campus plus one space per employee on the largest shift. A proposed integrated business campus may submit evidence and documentation in support of establishing an alternative parking standard based on accepted standards or studies for similar uses as set forth in § 375-22160F. Any proposed alternative parking standard shall be reviewed and be acceptable to the East Lampeter Township Board of Supervisors.
(6)
Applicants shall locate, design and construct loading areas for an integrated business campus consistent with the requirements of § 375-22150. The number of off-street loading spaces required shall be based on the standards for "regional uses and facilities" as set forth in Table 375-22150.1. Applicants for a proposed integrated business campus may submit evidence and documentation in support of establishing an alternative location, design, construction and/or number of loading spaces based on the specific needs and intensity of uses as set forth in § 375-22150F. Any proposed alternative loading design or standard shall be reviewed and be acceptable to East Lampeter Township Board of Supervisors.
D.
General requirements. The following general requirements shall apply to an integrated business campus:
(1)
The integrated business campus shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The integrated business campus shall be serviced by public water supply facilities (where available) or on-lot water supply facilities which shall be consistent with any plans adopted by East Lampeter Township.
(3)
All other utility provisions serving the integrated business campus shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
(4)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not disruptive to adjoining properties within any adjoining residentially zoned district and shall not be audible at any street line or property line between the hours of 9:00 p.m. and 8:00 a.m.
(5)
Applicant shall depict the locations and dimensions of all on-site circulation improvements, which shall demonstrate safe vehicular and pedestrian movements on the property. The use of sidewalks, crosswalks and pedestrian paths shall be integrated as part of the design.
(6)
Applicant shall prepare and submit a traffic impact study pursuant to the requirements of Chapter 368, Subdivision and Land Development.
§ 375-23410 Kennel.
A.
Kennel, as defined under § 375-2020 of this chapter, shall be permitted as an accessory use by special exception within the AG Zoning District.
Chart 375-23410: Kennel | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | A 1, 2 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Special Lot Size Requirements | 2 = Special Building Size Requirements | ||||||||||||||
B.
The chart contained under § 375-23410A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23410 and the underlying zoning district provides specific regulations for a kennel as an accessory use to an agricultural operation or farm.
C.
Area and utility requirements. The following general provisions shall apply to a kennel:
(1)
The minimum land area for a kennel shall be 10 acres.
(2)
The kennel shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The kennel shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
D.
Setback requirements. The following specific setback requirements shall apply to a kennel:
(1)
The principal building or structures utilized as part of the kennel shall be located at least 500 feet from all street rights-of-way and property lines.
(2)
All external storage areas or open areas utilized as part of the kennel shall be located at least 300 feet from all street rights-of-way and property lines.
(3)
All buildings, structures, external storage areas and/or open areas utilized as part of the kennel shall be located at least 100 feet from any land or water areas considered to be floodplains, perennial streams, intermittent streams, surface waters, wetlands, water supply wells, and slopes exceeding 25% in grade.
E.
General regulations. The following general provisions shall also apply to kennel:
(1)
A kennel shall be permitted as an accessory use to an agricultural operation or a farm.
(2)
The kennel shall operate in accordance with all local, state and federal laws. Where appropriate, the landowner or operator of the kennel shall supply East Lampeter Township with the permits and licenses that are required to operate a kennel.
(3)
The landowner of the property on which the kennel is located shall be responsible of the daily operations, activities and maintenance of the kennel.
(4)
Structures or portions of structures for the exclusive use of the kennel operation shall not exceed 3,000 square feet of gross floor area. Dog day-care facilities shall not exceed 10,000 square feet of gross floor area.
(5)
The kennel shall be operated by a landowner and resident living on the property. Employees of the kennel operation shall be limited to the landowner and not more than five nonresident employees of the farm.
(6)
Outdoor runs or common exterior areas may be permitted for the animals being cared for at the kennel, subject to the following conditions:
(a)
The outdoor runs are conducted between the hours of 7:00 a.m. and 9:00 p.m.
(b)
The animals shall be kept indoors between 9:00 p.m. and 7:00 a.m.
(c)
The outdoor runs are conducted within a defined external area, which is completely enclosed by a six-foot security high fence.
(7)
A veterinary office may be permitted as a principal use by special exception within the Agricultural (A) Zoning District, provided that the veterinary office complies with the pertinent provisions specified under § 375-23860 of this chapter.
(8)
The perimeter of the kennel operation shall be adequately screened with a fifteen-foot wide landscaped strip or buffer yard, which shall comply with the provisions of this chapter and Chapter 368, Subdivision and Land Development. No landscaped strip or buffer will be required when the kennel is located more than 500 feet from the nearest property line in all directions and where the structure is constructed with sound barriers.
(9)
A plan for the storage and disposal of animal waste shall be submitted to East Lampeter Township as part of the special exception application.
(10)
If an incineration (retort) device is proposed to be installed on the property, the applicant shall provide documentation that the permits and licenses have been secured from the agencies having jurisdiction.
(11)
If a manure storage facility is required, the following provisions shall apply:
(a)
Manure storage facility shall be designed in compliance with the laws and guidelines outlined within the publication Manure Management for Environmental Protection, Bureau of Water Quality Management (Publication No. 43) and other provisions established by the Commonwealth of Pennsylvania.
(b)
Designs for any manure storage facility shall be reviewed and approved by the Lancaster County Conservation District.
(c)
Manure storage facility shall not be located within 300 feet of any building being utilized for human habitation as of the effective date of this chapter and not within 300 feet of any property or street right-of-way lines.
(d)
Manure shall not be spread on fallow fields or when weather conditions prevent consolidation of the manure into the soil.
(12)
Exterior storage areas for trash and rubbish shall comply with the provisions specified by East Lampeter Township and the Commonwealth of Pennsylvania. All containers or dumpsters shall be enclosed, vermin proof and have adequate storage capacity to accommodate the projected volumes of solid waste.
F.
Regulatory conflicts. If there is a conflict between the provisions specified under § 375-23410 and any other provisions adopted by East Lampeter Township or the Commonwealth of Pennsylvania, the more restrictive provision shall apply to the kennel.
§ 375-23420 Laboratory.
A.
Laboratory, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the BP Zoning District.
Chart 375-23420: Laboratory | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | ||||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23420A of this chapter has been provided as a general reference guide. Section 375-23420, Laboratory, and the underlying zoning district provides specific regulations for laboratory.
C.
General requirements. The following general requirements shall apply to a laboratory:
(1)
The laboratory shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The laboratory shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the laboratory shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
The research, testing, and/or product development conducted within the laboratory shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner shall design, construct and implement appropriate safeguards to ensure that the use complies with all pertinent local, state and federal laws.
(5)
The landowner and/or tenant shall provide East Lampeter Township and the local emergency management service responders (police, fire and ambulance) with a complete list of materials, chemicals and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders.
(6)
The quantity and quality of the wastewater generated, stored, transported and/or discharged shall be subject to the review and approval of East Lampeter Township and the PA Department of Environmental Protection.
(7)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(8)
All hazardous waste, toxic waste, medical waste, infectious waste, red bag waste, and other similar items, shall be discarded in a manner specified by local, state and federal laws.
§ 375-23430 Library.
A.
Library, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A library shall be permitted as a principal use by right in the C-1, BP, MU, BH, VG and VC Zoning Districts.
(2)
A library shall be permitted as a principal use by special exception within the R-2 and R-3 Zoning Districts.
Chart 375-23430: Library | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | P | |||||||||
Special exception | P | P | |||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23430A of this chapter has been provided as a general reference guide. Section 375-23430 and the underlying zoning district provide specific regulations for library.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a library:
(1)
The principal use shall be the library.
(2)
Subordinate or accessory uses within a library shall be limited to: administrative offices; meeting rooms; conference rooms; work stations; child-care facilities; and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory uses shall not occupy more than 5% of the cumulative gross floor area or occupied space area of all uses within the library. The accessory uses shall be considered subordinate uses that directly benefit the persons utilizing the library.
(3)
A library may contain temporary or seasonal displays to promote public education and information relative to historic resources, environmental issues, governmental functions, science, technology and other similar subjects that could benefit the community.
(4)
The uses described within § 375-23430C(1) and (2) of this chapter shall not be permitted outside of the building occupying the library.
D.
General requirements. The following general provisions shall apply to library.
(1)
The library shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the sewage facilities plan and ordinances adopted by East Lampeter Township.
(2)
The library shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the library shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required or permitted, the utility services and connections shall be installed underground.
§ 375-23440 Manufactured home park.
A.
Manufactured home parks, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A manufactured home park shall be permitted by right within the BP Zoning District.
(2)
A manufactured home park shall be permitted by conditional use within the R-3 Zoning District.
Chart 375-23440: Manufactured Home Park | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | ||||||||||||||
Special exception | |||||||||||||||
Conditional use | P 1 | ||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Design Requirements | |||||||||||||
B.
The chart contained under § 375-23440A of this chapter has been provided as a general reference guide. The provisions under § 375-23440 and underlying zoning districts provide regulations for manufactured home parks.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a manufactured home park:
(1)
The permitted uses within a manufactured home park shall be the manufactured homes; common open space; management offices; and/or other similar uses. For the purposes of this section of this chapter, "manufacturing home" and "mobile home" shall be synonymous.
(2)
Subordinate or accessory uses within a manufactured home park shall be limited to: administrative offices; a community center; open space, recreation uses; and/or other similar uses. The accessory uses shall directly benefit the residents within the manufactured home park.
(3)
The permitted uses described within § 375-23440C(1) and (2) of this chapter may be permitted, provided that such uses comply with the setback requirements specified under § 375-23440E of this chapter, and provided that there are no conflicts with the requirements for traffic control as specified by this chapter.
(4)
All permitted uses described within § 375-23440C(1) and (2) of this chapter shall be harmoniously planned and integrated as part of the manufactured home park.
D.
Development area, density and utility requirements. The following lot area and utility provisions shall apply to a manufactured home park:
(1)
The manufactured home park shall contain a minimum of 10 acres of contiguous land area.
(2)
The maximum number of manufactured homes contained within the manufactured home park shall not exceed eight manufactured homes per acre of gross lot area.
(3)
A minimum of 10% of the land area within the manufactured home park shall be set aside as open space, which shall be perpetually preserved and deeded to restrict future residential development or other uses that may conflict with the integrity of the common open space. The area designated as common open space shall comply with all provisions of this chapter.
(4)
No more than 375 manufactured homes shall be permitted within the BP Zoning District, inclusive of existing manufactured homes as of the date of adoption of this chapter. When the total number of manufactured homes meets this threshold, there shall be no additional manufactured homes permitted within the BP Zoning District.
(5)
The manufactured home park shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(6)
The manufactured home park shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(7)
All other utility provisions serving the manufactured home park shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
E.
Lot area, width, setback, coverage and height requirements. The following specific setback, coverage and height requirements shall apply to a manufactured home park:
(1)
The required lot width of the development containing the manufactured home park shall be a minimum of 300 feet.
(2)
All permitted uses, buildings and/or structures specified under § 375-23440C(1) and (2) of this chapter shall be located at least 30 feet from any street right-of-way line and external property line, which is not owned by the applicant in predevelopment conditions.
(3)
All other incidental uses, buildings and/or structures that are not specified under § 375-23440C(1) and (2) of this chapter shall be located at least 20 feet from any street right-of-way line or external property line, which is not owned by the applicant in pre-development conditions.
(4)
All buildings and/or structures that may be utilized as part of the permitted uses that are referenced under § 375-23440C(1) and (2) of this chapter shall located at least 50 feet from any land or water areas designated as the one-hundred-year floodplain, wetlands, hydric soils, and slopes exceeding 25% in grade.
(5)
Manufactured homes contained within the manufactured home park shall comply with the following individual lot or lease area, setback, coverage and height requirements:
(a)
The minimum lot or lease area required for each manufactured home shall be 4,000 square feet.
(b)
The minimum lot width for each manufactured home lot or lease area shall be 45 feet.
(c)
The minimum front yard setback shall be 20 feet, as measured from the right-of-way line of any internal street within the manufactured home park.
(d)
The minimum side yard setback shall be 10 feet, as measured on each side. The minimum side yard shall be zero feet where twin manufactured homes with a garage for each unit have a shared sidewall at the garages.
(e)
The minimum rear yard setback shall be 10 feet.
(f)
The maximum building coverage shall be 70% for each lot or lease area.
(g)
The maximum lot coverage shall be 80% for each lot or lease area.
(h)
The maximum building height shall be 25 feet.
(i)
The minimum setback for accessory structure shall be five feet.
(6)
The minimum distance between the manufactured homes shall be no less than 20 feet.
(7)
No more than one manufactured home shall be placed on a lot or lease area, and such manufactured home shall be occupied by not more than one family.
(8)
All permitted nonresidential uses, as specifically referenced under § 375-23440C(1) and (2) of this chapter shall be located on a designated parcel of land exceed 10,000 square feet or within the area designated as common open space.
F.
Open space. The design of the land or water areas, which are to be designated as open space within the manufactured home park shall comply with the following standards and specifications:
(1)
A minimum of 10% of the gross area of the manufactured home park shall be set aside as open space, which shall be perpetually preserved and deeded to restrict future residential development or other uses that may conflict with the integrity of the open space.
(2)
Unless otherwise permitted by East Lampeter Township, the area designated as open space shall comply with the following specifications:
(a)
No more than 50% of the required open space area shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas exceeding 25% in slope.
(b)
No more than 50% of the required open space area shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities.
(c)
At least 25% of the required open space area shall be designated and improved to accommodate recreation uses for the residents of the manufactured home park.
(d)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land.
(e)
There shall be at least one designated common area that is contiguous within the development containing no less than 25% of the required open space.
(3)
The open space shall be planned and located as a contiguous accessible area within the manufactured home park. Existing and/or proposed roads may bisect the areas designated as open space, provided a cross walk at grade is safely designed to link the open space areas. Planned linkages to other open space areas, preserved lands, recreation areas and/or natural features shall be encouraged and considered as part of the special exception application.
(4)
A pedestrian circulation system within the development shall be provided by utilizing sidewalks and trails.
(5)
For all open spaces, satisfactory written agreements approved by East Lampeter Township shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the open spaces and shall be recorded with the approved plan.
(6)
The applicant shall make arrangements, provisions and/or agreements to ensure that the open space shall continue to be adequately managed and maintained. The applicant shall retain ownership of the land encompassing the open space areas.
(7)
The external property or perimeter of the manufactured home park shall be adequately screened with a fifteen-foot wide landscaped strip or buffer yard, which shall comply with the provisions of this chapter and Chapter 368, Subdivision and Land Development. The selected landscape materials shall be subject to the approval of East Lampeter Township. When adjoining property is under the same ownership, a fifteen-foot wide landscape strip or buffer yard shall not be required if the adjoining property contains the same use.
(8)
The provisions specified herein for open space do not relieve the applicant of other requirements for open space and recreation, as specified by Chapter 368, Subdivision and Land Development. The applicant shall be responsible for all requirements for recreation impact fees associated with this development.
G.
Traffic control. The following provisions shall apply to vehicular accessibility, parking, loading and other traffic control requirements for a manufactured home park:
(1)
Each permitted manufactured home, nonresidential uses and open space areas that are contained within the manufactured home park shall have access to an improved public or private street.
(2)
At least one primary point of ingress and egress to the manufactured home park shall be along a collector or arterial street.
(3)
Driveways and access lanes shall comply with the provisions of this chapter and Chapter 368, Subdivision and Land Development.
(4)
Interior access lanes shall be designed so as to prevent traffic congestion at points of ingress and egress. All proposed areas designated for parking and loading of vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
§ 375-23450 Manufacturing.
A.
Manufacturing, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A manufacturing use containing building(s) that do not exceed 100,000 cumulative square feet of gross floor area shall be permitted as a principal use by right within the I-1 Zoning District.
(2)
A manufacturing use containing building(s) with no defined limitations on lot size or gross floor area shall be permitted as a principal use by right within the I-2 Zoning District.
(3)
A manufacturing use containing a building(s) not more than 400,000 cumulative square feet of gross floor area shall be permitted as a principal use by right within the BP Zoning District.
(4)
A manufactured use containing a building(s) not more than 30,000 cumulative square feet of gross floor area on a conforming lot with a minimum area of two acres and maximum of 10 acres shall be permitted as a principal use by right within the BH, VG and VC Zoning District.
Chart 375-23450: Manufacturing | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P | P 1 | P 1 | P 1 | P 1 | |||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot and/or Building Size Requirements | |||||||||||||
B.
The chart contained under § 375-23450A of this chapter has been provided as a general reference guide. Section 375-23450 and the underlying zoning district provide specific regulations for manufacturing uses.
C.
Permitted uses. The following land use provisions shall apply to a manufacturing facilities:
(1)
The principal use shall be the manufacturing facility, which shall include a building or group of buildings primarily utilized for the manufacturing, processing or assembling of goods and products.
(2)
Retail sales of the goods and products that are manufactured, processed, assembled or maintained at the manufacturing facility, may be permitted as an accessory use. The designated sales area for the accessory retail use shall not exceed 5,000 square feet of gross floor area or 15% of the gross floor area, whichever is greater.
D.
General requirements. The following general requirements shall apply to manufacturing uses:
(1)
The manufacturing use shall be serviced by public (where available) or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The manufacturing use shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the manufacturing use shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
All principal use and activities associated with the manufacturing use shall be conducted within an enclosed building that complies with the appropriate building code requirements for a commercial and/or industrial establishment within East Lampeter Township.
(5)
All manufacturing activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner shall design, construct and implement appropriate safeguards.
(6)
The landowner and/or tenants of the manufacturing facility shall provide East Lampeter Township and the emergency service responders (police, fire and ambulance) with a complete list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders.
(7)
The quantity and quality of the wastewater generated, stored, transported and/or discharged shall be subject to the review of East Lampeter Township and the Pennsylvania Department of Environmental Protection.
(8)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(9)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(10)
All hazardous waste, toxic waste, infectious waste, and other similar items, which because of its potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(11)
A manufacturing use located within the BH, VG and VC Zoning Districts shall be located along a public road owned and maintained by East Lampeter Township.
§ 375-23455 Mixed use manufacturing option.
[Added 8-5-2024 by Ord. No. 374]
A.
Purpose and intent. Section 375-23455 is hereby established to consider the following purpose and objective statements:
(1)
The purpose of the mixed use manufacturing option is to integrate manufacturing and residential uses within the VG Zoning District in a manner that maintains the character of a traditional village and that serves as a transitional area between residential areas and non-residential areas.
(2)
Recognizing that village centers have traditionally integrated a mix of employment centers and residential dwelling units, the design standards of this provision are meant to encourage a mixed use development that allows both manufacturing uses and residential units to be developed together within the VG Zoning District.
B.
Permitted uses.
(1)
A mixed use manufacturing development is permitted by right within the VG Zoning District with access to any public road where the proposed development includes at least seven dwelling units per acre of land used in the proposed development (in addition to the proposed manufacturing use).
(2)
A mixed use manufacturing development is permitted by conditional use within the VG Zoning District with access to any public road where the number of dwelling units proposed is less than seven dwelling units per acre of land used in the proposed development (in addition to the proposed manufacturing use).
C.
Design criteria.
(1)
All manufacturing uses shall meet the standards and requirements for manufacturing uses within the VG District set forth in § 375-23450 (except as modified by this section).
(2)
All multi-family dwellings shall meet the standards and requirements for multi-family dwellings within the VG District set forth in § 375-23490 (except as modified by this section) but shall not require separate special exception approval.
(3)
All other permitted uses within the Village General (VG) zone that may be part of a mixed use manufacturing development shall meet the standards and requirements for the respective use being proposed (except as modified by this section).
(4)
Architectural renderings for all buildings within a mixed use manufacturing development shall be provided showing architectural features consistent with the design guidelines for the Bird-in-Hand Zoning District (Appendix B of the Zoning Ordinance[1]) so that the building facades fit the character of the surrounding village. If such architectural features are not provided, the mixed use manufacturing development shall require conditional use approval.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(5)
Parking for all uses shall not be located between the front of the building and any public street right-of-way line. Parking and loading areas for manufacturing uses shall be placed in the rear of the structures.
(6)
Outdoor storage for manufacturing uses shall be located to the rear of the structure and adequately screened from neighboring uses.
(7)
The overall site for a mixed use manufacturing option shall be designed to demonstrate that the manufacturing use will integrate with the surrounding residential units. This includes providing landscaping and screening between the manufacturing use and residential use.
(8)
A mixed use manufacturing development shall be serviced by public sewer and public water.
(9)
In order to provide greater flexibility and design options, the Board of Supervisors may by conditional use modify the design requirements for a mixed use manufacturing option (including the design requirements for the underlying uses) if it is demonstrated to the satisfaction of the Board that the proposed modifications will not undermine the intent and purpose of the VG District.
§ 375-23460 Mass transportation depot.
A.
Mass transportation depot, as further defined under § 375-2020 of this chapter, shall be permitted principal use by right within the C-2 and C-3 Zoning Districts.
Chart 375-23460: Mass Transportation Depot | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 1 | |||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Vehicle Requirements | |||||||||||||
B.
The chart contained under § 375-23460A of this chapter has been provided as a general reference guide. Section 375-23460 and the provisions of the underlying zoning district shall apply to mass transportation depots.
C.
General requirements. The following general standards shall be required for mass transportation depot:
(1)
The mass transportation depot shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The mass transportation depot shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the mass transportation depot shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
(4)
The buildings utilized as part of the mass transportation depot shall be located, designed and constructed in accordance with the appropriate building code requirements adopted by East Lampeter Township.
(5)
All activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner or operator shall design, construct and implement appropriate safeguards.
(6)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
§ 375-23470 Medical, dental, vision care and counseling clinic.
A.
Medical, dental, vision care and counseling clinic, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A medical, dental, vision care and counseling clinic shall be a principal use permitted by right within the C-1, BP, MU, BH, VG and VC Zoning Districts.
(2)
A medical, dental, vision care and counseling clinic shall be a principal use permitted by special exception within the R-3 and VR Zoning Districts.
Chart 375-23470: Medical, Dental, Vision Care and Counseling Clinic | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | P | |||||||||
Special exception | P | P | |||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23470A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23470 and the underlying zoning district provides specific regulations for medical, dental, vision care and counseling clinic.
C.
General requirements. The following provisions shall apply to a medical, dental, vision care and counseling clinic:
(1)
A medical, dental, vision care and counseling clinic shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
A medical, dental, vision care and counseling clinic shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the medical, dental, vision care and counseling clinic shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required, the utility services and connections shall be installed underground.
(4)
The medical, dental, vision care and counseling clinic shall be exclusively utilized to observe, examine, test, diagnose, treat and/or provide care to patients on an out-patient basis. A medical, dental, vision care and counseling clinic shall not be considered as a hospital or medical center.
(5)
All principal use and activities associated with the medical, dental, vision care and counseling clinic use shall be conducted within an enclosed building that complies with the appropriate building code requirements for a commercial and/or industrial establishment within East Lampeter Township.
(6)
The research, testing, and/or product development shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner shall design, construct and implement appropriate safeguards.
(7)
The landowner and/or tenant/clinic operator shall provide East Lampeter Township with a complete list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders (police, fire and ambulance).
(8)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(9)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
(10)
All hazardous waste, toxic waste, medical waste, infectious waste and/or red bag waste, which because of its potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(11)
The disposal of all materials and wastes shall be accomplished in a manner that complies with local, state and federal laws. The applicant shall provide documentation to East Lampeter Township that licensed waste haulers have been contracted to dispose of the discarded materials and wastes from the site. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the landowner shall provide notification to East Lampeter Township.
(12)
A pedestrian circulation system consisting of sidewalks, crosswalks and handicapped ramps shall be designed to provide a mode of safe and convenient travel for the patients and employees.
§ 375-23480 Motor freight terminal.
A.
Motor freight terminal, as further defined under § 375-2020 of this chapter, shall be permitted principal use by right within the I-2 Zoning District.
Chart 375-23480: Motor Freight Terminal | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | ||||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23480A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23480 and the provisions of the underlying zoning district shall apply to motor freight terminals.
C.
Area and utility provisions. The following lot area and utility requirements shall apply to a motor freight terminal:
(1)
The maximum land area shall that shall be designated for a motor freight terminal shall be 20 acres.
(2)
The motor freight terminal shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The motor freight terminal shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the motor freight terminal shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
D.
Lot width, setback, coverage and height requirements. The following lot width, setback, coverage and height requirements shall apply to motor freight terminals:
(1)
The minimum lot width for the motor freight terminal shall be 300 feet.
(2)
The principal buildings located on the lot occupied by the motor freight terminal use shall be located at least 100 feet from all street rights-of-way lines.
(3)
The accessory buildings and structures located on the lot occupied by the motor freight terminal use shall be located at least 50 feet from all street rights-of-way lines and property lines.
(4)
All permitted fuel service islands shall be located at least 50 feet from all street rights-of-way lines and property lines.
(5)
All vehicles, equipment and materials stored outside of the buildings shall be located at least 50 feet from all street rights-of-way lines and property lines.
(6)
The temporary storage of any vehicles and equipment that have been brought to the facility for repair or service shall be located at least 50 feet from all street right-of-way lines and all other property lines.
(7)
All lubricants, fuel and/or petroleum products shall be contained within a permitted building, structure and/or containment facility that complies with local, state and federal laws.
E.
General requirements. The following general standards shall be required for motor freight terminals:
(1)
All vehicle service and/or repair activities shall be located within an enclosed building that complies with the appropriate building code requirements for a commercial and/or industrial establishment.
(2)
All activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. The landowner shall design, construct and implement appropriate safeguards.
(3)
The landowner shall provide East Lampeter Township with a complete list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders (police, fire and ambulance).
(4)
All vehicles that have been brought in for service, maintenance or repair shall in a state of active repair and shall not be permitted on the premises for a period of more than 60 days.
(5)
The on-site demolishing or dismantling of vehicles for salvage or parts shall be prohibited.
(6)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(7)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
(8)
Drive-through service facilities, scales and/or vehicle washing facilities shall provide sufficient stacking or queuing lanes to accommodate the use of the facility during peak demand periods.
(9)
The entrance and interior access lanes shall be designed so as to prevent traffic congestion at points of ingress and egress. All designated areas for parking and loading of vehicles shall be arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.
§ 375-23490 Multifamily dwellings.
A.
Multifamily dwellings, as further defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Multifamily dwellings containing apartments as a principal use shall be permitted by right in the R-3, C-1 and MU Zoning Districts.
(2)
Multifamily dwellings containing apartments and/or townhouses as a principal use shall be permitted by right within the BP Zoning District.
(3)
Multifamily dwellings containing apartments as a principal use shall be permitted by special exception within the BH, VG, VC and VR Zoning Districts.
Chart 375-23490: Multifamily Dwellings | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 1 | P 1 | P 1 | |||||||||||
Special exception | P 1 | P 1 | P 1 | P 1 | |||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Design Requirements | |||||||||||||
B.
The chart contained under § 375-23490A of this chapter has been provided as a general reference guide. Section 375-23490 and the underlying zoning districts provide specific regulations for multifamily dwellings.
C.
Permitted Uses: The following principal and accessory uses shall be permitted within developments containing multifamily dwelling units:
(1)
The principal use shall be the multifamily dwelling units.
(2)
Accessory uses within developments containing multifamily dwelling units shall be limited to: administrative offices; a community center; open space; private or restricted recreation uses; first floor retail use containing no more than 5,000 square feet; and/or other similar uses. The accessory uses shall directly benefit the residents of the multifamily dwelling units.
(3)
The permitted uses described within § 375-23490C(1) and (2) of this chapter may be permitted provided that such uses comply with the setback requirements of the zoning district.
(4)
All permitted principal and accessory uses shall be harmoniously planned and integrated as part of the multifamily dwelling units.
D.
Development area, density and utility requirements. The following lot area and utility provisions shall apply to a multifamily dwelling unit:
(1)
For residential density purposes, the minimum lot size requirements shall be as follows:
(a)
There shall be no minimum lot size for a multifamily residential use within the BP Zoning District. Alternatively, a minimum residential density for a multifamily residential use within the BP Zoning District shall be 7.5 units per acre, except in situations where reduced density is necessary for redevelopment of existing buildings and structures, in which case a lower density may be approved by the Township Zoning Officer for good cause shown. Within the BP District, the Township encourages landowners, subject to the requirements of this chapter, to maximize residential density to reduce land consumption wherever possible. The maximum density shall be controlled and limited by § 375-23490D(2) below.
[Amended 8-2-2021 by Ord. No. 352]
(b)
The minimum lot size shall be 3,500 square feet for a multifamily residential use within the R-3, MU, BH, VG, VC and VR Zoning Districts.
(2)
No more than 3,700 multifamily dwelling units will be permitted in the BP Zoning District, inclusive of existing multifamily dwellings as of the date of the adoption of this chapter. When the total number of units meets this threshold, there shall be no additional multifamily residential units permitted under this section of this chapter. All multifamily dwelling units located within the BP District must be located in proximity to planned, established or extended greenways, trail networks, or walking paths. For purposes of this section, a property is not in proximity to planned, established or extended greenways, trail networks, or walking paths if the tract is separated from such features by a limited access highway.
[Amended 8-2-2021 by Ord. No. 352]
(3)
A minimum of 10% of the land area within a development containing 20 or more multifamily dwelling units shall be designated as open space, which shall be perpetually preserved and deeded to restrict future residential development or other uses that may conflict with the integrity of the open space. The area designated as open space shall comply with all provisions of this chapter.
(4)
The multifamily dwelling units shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(5)
The multifamily dwelling units shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
E.
Lot width, setback, coverage and height requirements. The following provisions shall apply to the development, multifamily dwelling units and nonresidential units:
(1)
When a single tract is developed with multifamily dwellings, the separation distances between or among the buildings shall be governed by the Uniform Construction Code.
[Amended 8-2-2021 by Ord. No. 352]
(2)
All other uses and site improvements shall comply with the setback, coverage and height requirements of the underlying zoning district on which it is located.
F.
Open space. The design of the land or water areas, which are to be designated as open space within the development shall comply with the following standards and specifications:
(1)
A minimum of 10% of the land area within a development containing 20 or more multifamily dwelling units shall be designated as open space, which shall be perpetually preserved and deeded to restrict future residential development or other uses that may conflict with the integrity of the open space.
(2)
Unless otherwise permitted by East Lampeter Township, the area designated as open space shall comply with the following specifications:
(a)
No more than 50% of the required open space area shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas exceeding 25% in slope.
(b)
No more than 50% of the required open space area shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities.
(c)
At least 25% of the required open space area shall be designated and improved to accommodate recreation uses for the residents of the development.
(d)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land.
(e)
There shall be at least one designated common area that is contiguous within the development containing no less than 25% of the required open space.
(3)
The open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as open space, provided a cross walk at grade is safely designed to link the open space areas. Planned linkages to other open space areas, preserved lands, recreation areas and/or natural features shall be considered as part of the special exception application.
(4)
For all open spaces, satisfactory written agreements approved by East Lampeter Township shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the open space and shall be recorded with the approved plan.
(5)
The applicant shall make arrangements, provisions and/or agreements to ensure that the open space shall continue to be adequately managed and maintained. The applicant shall retain ownership of the land encompassing the open space areas.
(6)
The provisions specified herein for open space do not relieve the applicant of other requirements for open space and recreation, as specified by East Lampeter Township. The applicant shall be responsible for all requirements for recreation impact fees associated with this development.
(7)
The perimeter of the multifamily dwelling units shall be adequately screened with a fifteen-foot wide landscaped strip or buffer yard, which shall comply with Chapter 368, Subdivision and Land Development.
§ 375-23500 Municipal use.
A.
Municipal use, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Municipal uses shall be permitted as a principal or accessory use by right within all zoning districts.
Chart 375-23500: Municipal Use | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A | P, A |
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23500A of this chapter has been provided as a general reference guide. Section 375-23500 and the underlying zoning district provide specific regulations for municipal use.
C.
Area and utility requirements. The following general provisions shall apply to municipal use:
(1)
The municipal use shall be located on a lot, parcel of land or lease area.
(2)
The municipal use shall be capable of being served by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The municipal use shall be capable of being served by public water supply facilities (where available) or by on-lot water supply facilities, which shall be consistent with approved plans and ordinances.
(4)
Municipal uses not intended for occupancy shall not be required to provide sanitary sewage disposal facilities and/or water supply facilities.
(5)
All other utility provisions serving the municipal use shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
§ 375-23510 Museum.
A.
Museum, as defined under § 375-2020, shall be permitted as a principal use by right within the C-1, C-2, C-3, BP, MU, BH, VG and VC Zoning Districts.
Chart 375-23510: Museum | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | P | P | P | |||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23510A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23510 of this chapter and the underlying zoning district provides specific regulations for museum.
C.
Permitted uses. The following principal and accessory uses shall be permitted within a museum:
(1)
The principal use shall be the museum.
(2)
Subordinate or accessory uses within a museum shall be limited to: administrative offices; meeting rooms; conference rooms; work stations; library, child-care facilities; and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory uses shall not occupy more than 10% of the gross floor area or occupied space area of all uses within the museum. The permitted accessory uses shall directly benefit the visitors or patrons of the museum.
(3)
The uses described within § 375-23510C(1) and (2) of this chapter shall not be permitted outside of the building occupying the museum.
(4)
A museum may contain temporary or seasonal displays to promote public education and information relative to historic resources, artifacts and events that could benefit the community.
D.
General requirements. The following general provisions shall apply to museum:
(1)
The museum shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The museum shall be serviced by public water supply facilities (where available) or by on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the museum shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company providing service, the utility services and connections shall be installed underground.
§ 375-23520 Nursery.
A.
Nursery, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A nursery shall be permitted as a principal or accessory use by right within the AG, BH, VG and VC Zoning Districts.
(2)
A nursery shall be permitted as an accessory use by right within the AG Zoning District, provided that the nursery is an accessory or subordinate use to an agricultural operation.
(3)
A landscape business office, as defined under § 375-2020 of this chapter, shall be permitted as an accessory use by special exception within the AG Zoning District.
Chart 375-23520: Nursery | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P, A 1 | P, A 1 | P, A 1 | P, A 1 | |||||||||||
Special exception | A 2 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size and Building Requirements | |||||||||||||
2 = Landscape Business Office permitted by Special Exception | |||||||||||||||
B.
The chart contained under § 375-23520A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23520 of this chapter and the underlying zoning district provides specific regulations for greenhouses.
C.
Permitted uses. The following principal and accessory uses shall be permitted as part of a nursery:
(1)
The principal use shall be the nursery, which shall be considered as a commercial operation devoted to the raising and/or selling of trees, ornamental shrubs, flowers, houseplants, and vegetable plants for transplanting wherein the preponderance of the growing operation is out-of-doors.
(2)
A landscaping business office may be permitted as an accessory use by special exception within the AG Zoning District, subject to the following requirements:
(a)
The nursery and the landscaping business office shall both be under the same ownership.
(b)
The use of a landscaping business office shall be associated with and secondary to the principal use, which shall be designated as the nursery.
(c)
The landscape business office use shall occupy the same office space occupied by the office occupied by the nursery.
(d)
The appearance of the property shall be and remain that of a nursery with related accessory uses, except one sign related to the landscape business office, which shall be permitted in accordance with the sign regulations specified by this chapter.
(e)
The employees, staff, motor vehicles and equipment for the nursery and the landscape business office shall be shared by both the nursery and landscaping business office. The parking of motor vehicles, storage of equipment and materials, and all other requirements shall comply with the applicable provisions of this chapter for the nursery use shall be met by the combined use.
(3)
Retail sales of nursery products grown or raised on the parcel of land occupied by the nursery may be permitted as an accessory use to the nursery. The retail sales area shall be located within a conforming building, which shall not exceed 1,000 square feet in gross floor area.
(4)
A "nursery" shall not be classified as a "greenhouse, commercial" or a "commercial greenhouse," which is a permitted use in accordance with the provisions specified under § 375-23330 of this chapter.
D.
Area and utility requirements. The following general provisions shall apply to a nursery:
(1)
The minimum land area required for a nursery shall be five acres.
(2)
The nursery shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan.
(3)
The nursery shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the nursery shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
E.
Setback requirements. The following specific setback requirements shall apply to a nursery:
(1)
The building or structures utilized as part of the nursery shall be located at least 100 feet from all street rights-of-way lines and property lines.
(2)
All external storage areas, display areas or open areas utilized as part of the nursery shall be located at least 50 feet from all street rights-of-way lines and property lines.
(3)
All buildings, structures, external storage areas and/or open areas utilized as part of the nursery shall be located at least 50 feet from any land or water areas considered to be floodplains, perennial streams, intermittent streams, surface waters, wetlands, water supply wells, and slopes exceeding 25% in grade.
(4)
All buildings, structures, external storage areas and/or open areas utilized as part of the nursery shall be located at least 200 feet from a residential dwelling, except for the residential dwelling on the property on which the nursery is located.
(5)
All buildings, structures, external storage areas and/or open areas utilized as part of the nursery shall be located at least 100 feet from a residential dwelling located on the same property.
(6)
No more than 20% of the lot shall be covered by buildings.
(7)
No more than 30% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving,
(8)
The maximum height of any building or structure shall be 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
(9)
All other building and/or structures that are not utilized for nursery shall comply with the setback requirements of the zoning district on which the nursery is located.
§ 375-23530 Off-track betting facility or gaming facility.
A.
Off-track betting facility or gaming facility, as defined under § 375-2020 of this chapter, shall be permitted by conditional use within the C-3 Zoning District.
Chart 375-23530: Off-Track Betting Facility or Gaming Facility | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | |||||||||||||||
Conditional use | P | ||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23530A of this chapter has been provided as a general reference guide. The provisions contained under § 375-230530 of this chapter and the underlying zoning district provides specific regulations for off-track betting facility or gaming facility.
C.
Permitted uses. The following principal and accessory uses shall be permitted:
(1)
The principal use shall be the off-track betting facility or the gaming facility.
(2)
Subordinate or accessory uses shall be limited to: administrative offices; concession stands; restaurants, entertainment uses; amusement arcades; and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory uses shall not occupy more than 30% of the cumulative gross floor area or occupied space area of all uses within the off-track betting facility or gaming facility. The accessory uses shall be considered subordinate uses that directly benefit the customers or patrons of the off-track betting facility or gaming facility.
(3)
Any addition, modification, alterations or change of use shall be permitted if a conditional use application has been approved by East Lampeter Township.
D.
Proximity requirements. The following minimum spacing and proximity requirements shall apply:
(1)
An off-track betting facility or gaming facility shall not be located within 1,000 feet of any other separately deeded lot containing an off-track betting facility or gaming facility. The separation distance between any two such facilities shall be measured in a straight line, without regard to intervening structures, from the closest points on each of the exterior lot lines of the separately deeded lots upon which each facility is located.
(2)
An off-track betting facility or gaming facility shall not be located within 1,000 feet of any land area contained within the R-1, R-2, R-3, MU, BH, VG, VC and VR Zoning Districts. The separation distance shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the separately deeded lot on which the off-track betting facility or gaming facility is located to the closest point of the boundary line of any of the specified zoning districts.
(3)
An off-track betting facility or gaming facility shall not be located on the same separately deeded lot as or located within 1,000 feet of any separately deeded lot which contains any one or more of the following uses:
(a)
Amusement park;
(b)
Campgrounds,
(c)
Community center for a residential development;
(d)
Day-care facility;
(e)
Library;
(f)
Museum;
(g)
Orphanage;
(h)
Place of worship;
(i)
Recreation use;
(j)
School;
(k)
Other land areas where minors congregate.
(4)
The distance between any off-track betting facility or gaming facility and any of the uses specified under § 375-23530D(3) shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the separately deeded lot on which the off-track betting facility or gaming facility is located to the closest point on the exterior lot line of the separately deeded lot on which the specified use is located.
(5)
No more than one off-track betting facility or gaming facility may be located within one building or be located on the same separately deeded lot.
E.
General requirements. The following general provisions shall apply to an off-track betting facility or gaming facility:
(1)
Off-track betting facility or gaming facility shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
Off-track betting facility or gaming facility shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the off-track betting facility or gaming facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the authority providing service, the utility services shall be installed underground
(4)
All principal and accessory uses associated with the off-track betting facility or gaming facility shall be conducted within an enclosed building that complies with the appropriate building code requirements for a commercial and/or industrial establishment within East Lampeter Township.
(5)
The architectural features or building facade for the uses within the off-track betting facility or gaming facility shall be harmoniously planned as a unified development. As part of the conditional use application, the applicant or developer shall identify the nonresidential uses and demonstrate how these uses can be amicably planned considering their architectural appearance.
(6)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
(7)
Outdoor storage of materials and equipment shall not be permitted.
(8)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(9)
The primary points of ingress and egress to the conference or off-track betting facility or gaming facility shall be along a collector or arterial street.
(10)
The requirements for off-street parking will be determined based upon a combination of permitted uses contained within the off-track betting facility or gaming facility and the compliance chart specified by this chapter. As part of the conditional use, East Lampeter Township may permit overflow parking on designated lawn areas in accordance with the following criteria:
(a)
The overflow parking area shall only be utilized in order to accommodate the parking demand during peak events at the off-track betting facility or gaming facility.
(b)
The overflow parking area shall be accessible only from the interior driveways or access lanes for the parking facility, which shall be located, designed and fenced to prevent motor vehicles from crossing adjoining properties or directly accessing public roads.
(c)
Soil erosion, sedimentation control, and stormwater runoff shall be managed in accordance with all applicable laws and regulations.
(d)
If East Lampeter Township determines that traffic congestion is occurring along adjoining roads, and that the traffic congestion is directly related to the size or design of the overflow parking area, East Lampeter Township shall require the landowner, manager or applicant to revise and re-design off-street parking facilities in order to resolve the traffic congestion problem and/or provide additional on-site parking spaces to accommodate the parking demand during peak events or for the combination of events at the off-track betting facility or gaming facility.
(11)
Pedestrian access improvement via sidewalks, crosswalks and/or pathways shall be developed as part of the land development plan.
F.
Permits. Prior to use and occupancy of the off-track betting facility or gaming facility, the landowner or applicant shall obtain all required local, state and federal permits for the use. As part of the conditional use application, the landowner or applicant shall provide a schedule of application and implementation for securing such permits.
§ 375-23540 Office.
A.
Office, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the C-1, C-2, I-1, I-2, BP, MU, BH, VG and VC Zoning Districts.
Chart 375-23540: Office | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | P | P | P | P | ||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23540A of this chapter has been provided as a general reference guide. Section 375-23540 and the underlying zoning district provide specific regulations for an office use.
C.
Permitted uses. The following terms and land use provisions shall apply to an office:
(1)
An office shall be considered as a defined space within a principal building, which is generally occupied by employees, equipment and supplies in order to facilitate the functions of subordinate office categories, including: business offices; financial offices; professional offices; executive offices; management offices; municipal offices; governmental offices; nonprofit or not-for-profit; and/or similar types of office uses.
(2)
An office, as a permitted principal use may include: offices; meeting rooms; conference rooms; work stations; cafeterias; vending machines; snack bars; private or restricted recreational uses; and/or other similar uses, as determined appropriate by East Lampeter Township.
(3)
An office, as a permitted accessory use, shall only be utilized and occupied in order to facilitate the designated principal use on the property.
D.
General requirements. The following general provisions shall apply to an office:
(1)
The office shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The office shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving office shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
§ 375-23550 Optional design incentive development.
A.
Purpose and intent. Section 375-23550 is hereby established to consider the following purpose and objective statements:
(1)
The purpose of the optional design incentive development (ODI development) standards is to accommodate the medium-density residential and traditional neighborhood development land use designation contained within the Comprehensive Plan. Optional design incentive development standards provide a density bonus in order to encourage a preferred development pattern.
(2)
Pursuant to the provisions of the Pennsylvania Municipalities Planning Code, this provision provides an optional set of design standards that can only be applied to property located within the R-2 Zoning District. These optional design standards seek to achieve a well planned and coordinated residential neighborhood.
(3)
All of the design standards of this provision are vital to achieve the desired community atmosphere. While some of the requirements deal with issues that typically transcend zoning jurisdiction, they are provided as design options, and are, therefore, considered to be voluntarily self-imposed by prospective developers, but enforceable by East Lampeter Township.
B.
Optional design incentive development (ODI development), as defined under § 375-2020 of this chapter, shall be permitted by conditional use within R-2 Zoning District.
Chart 375-23530: Optional Design Incentive Development | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | |||||||||||||||
Conditional use | P 1 | ||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Design and Development Requirements | |||||||||||||
C.
Conditional use criteria. The following general provisions shall apply to the conditional use criteria:
(1)
The conditional use shall adhere to the following development objectives:
(a)
Orient toward pedestrian activity;
(b)
When possible, integrate local businesses and trades to enhance resident convenience and offer limited employment opportunities;
(c)
Incorporate natural features and undisturbed areas into the open space;
(d)
Coordinate a transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit and automotive vehicles;
(e)
Create landmark symbols and focal points, with buildings, open spaces and other visual features for community identity;
(f)
Coordinate building and other improvements to establish a livable, harmonious and diverse environment;
(g)
Ensure a diversity of housing types, sizes and costs with particular emphasis on scattered-site, affordable housing opportunities;
(h)
Make efficient use of local infrastructure and services;
(i)
Reflect the historic and traditional building styles abundant within the region; and
(j)
Blend all of these above-described features in a way that promotes community identification and a sense of belonging for the residents.
(2)
A minimum lot area of eight acres shall be required in order to propose an ODI development.
(3)
The development shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(4)
The development shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(5)
All other utility provisions serving the development shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
D.
Opportunity for innovation and flexibility. The intent of these provisions is to encourage innovative methods of design and to utilize flexibility, economy and ingenuity in the development. East Lampeter Township may permit the developer to modify the design standards according to § 375-23550U of this chapter.
E.
Relationship to other ordinances and this chapter. To the extent the provisions of the optional design incentive standards differ (are more or less restrictive) from other ordinances and regulations adopted by East Lampeter Township, the provisions of the optional design incentive standards shall govern unless specifically stated otherwise within § 375-23550 of this chapter. All nonconflicting provisions of this chapter and other ordinances and regulations adopted by East Lampeter Township shall remain in full force.
F.
ODI development uses defined. For the exclusive purpose of § 375-23550 of this chapter, dwelling types are hereby defined as follows:
(1)
Single-family detached dwelling. A dwelling within a building, unattached to any other dwelling and containing one dwelling unit.
(2)
Single-family semidetached dwelling. A dwelling within a building containing two dwelling units which share a vertical common wall.
(3)
Townhouse dwelling. A dwelling within a building containing at least three and not more than eight dwelling units arranged in a side by side configuration where each dwelling, except for end units (defined below), shares two vertical common walls.
(a)
Townhouse end unit. A type of townhouse dwelling that caps an end to a townhouse building, which shares a vertical common wall with a townhouse dwelling on one side and has an external vertical wall on the other side.
(b)
Townhouse interior unit. A type of townhouse dwelling that is not a townhouse end unit.
(4)
Multifamily dwellings. Dwellings within a building containing at least three and not more than 12 dwellings, which are separated horizontally by floors and ceilings and vertically by common walls and dwellings located on the second floor of a locally oriented business building separated horizontally from locally oriented businesses by floors and ceilings and vertically from other multifamily dwellings by common walls.
G.
Permitted uses. The following uses shall be permitted within an ODI development:
(1)
Single-family detached, single-family semidetached, townhouse and multifamily dwellings.
(2)
Private, municipal and restricted recreational facilities, including parks, playgrounds, community buildings and picnic areas.
(3)
Community center, subject the provisions specified under § 375-23170 of this chapter.
(4)
Accessory buildings and uses which are customarily incidental to a permitted use within an optional design incentive development.
(5)
The following locally oriented businesses, but only on property that fronts upon an arterial street or major collector street:
(a)
Banks, including outdoor tellers if pedestrian oriented and similar financial institutions, provided that no drive-through facilities are provided;
(b)
Barber, beauty, tanning and health salons;
(c)
Delicatessens, bakeries, ice cream shops and caterers. No drive-through facilities are permitted for any of these uses;
(d)
Retail sales and/or rental of goods, such as, but not limited to, antiques, apothecaries, recorded music and video materials, books, clothing, dry goods, flowers, fresh and packaged food, furniture, gifts, hardware, jewelry, newspapers, notions, personal and household supplies, photographic supplies, sporting goods, stationary, and tobacco products and excluding gasoline and motor fuel dispensing facilities;
(e)
Restaurants and other places serving food and beverages, provided that no drive through facilities are provided;
(f)
Photographic, music, art and dance studios;
(g)
Medical, dental, vision care and counseling clinics;
(h)
Repair of clocks, jewelry, cameras, electronics and small household appliances; and
(i)
Tailors, off-site dry cleaning and shoe repair services.
H.
Required mix and integration of dwellings. A variety of single-family detached, single-family semidetached, townhouse and multifamily dwellings shall be integrated into the plan. The required mix of dwellings shall comply with the following requirements:
(1)
ODI development containing eight to 20 acres in size shall contain a minimum mix of three dwelling types; no one dwelling type shall be less than 10% of the total number of dwellings; and no one dwelling type shall be greater than 40% of the total number of dwellings in the development.
(2)
ODI developments containing over 20 acres in size shall contain a minimum mix of four dwelling types; three of the dwelling types, including single-family dwellings, shall each be at least 10% of the total number of dwellings in the development; and no one dwelling type shall be greater than 40% of the total number of dwellings in the development.
(3)
If the ODI development is to be constructed in phases, the mix of residential dwelling types required shall be based upon the overall plan for the development. However, each phase of the development, except for the final phase, shall contain a minimum mix of at least two dwelling types, each of two of these dwelling types shall comprise at least 30% of the total number of dwellings within that phase of the development.
(4)
The minimum size for each phase of the ODI development shall be eight acres.
I.
Locally oriented business intensity. The following provisions shall apply to locally oriented businesses contained within the ODI development:
(1)
Locally oriented businesses are only permitted with property fronting along an arterial street or major collector street.
(2)
Locally oriented businesses shall not exceed a gross floor area for all businesses located within the development of 50 square feet of gross floor area for each dwelling unit located within the development.
(3)
The locally oriented business uses shall be integrated into the vehicular and pedestrian circulation of the development and shall not have a separate direct access onto an arterial street or major collector street.
(4)
If the development is constructed in phases, the intensity of the locally oriented business uses is determined based upon the entire development. Individual phases may differ from the required mix of locally oriented business uses, however, floor area for locally oriented businesses constructed during any phase of development shall be limited to 100 square feet of gross floor area for the sum of the number of dwelling units already approved and recorded plus those proposed in that phase.
(5)
Buildings contained locally oriented businesses shall include multifamily dwellings on the second floor of the building which shall cover at least 75% of the gross ceiling area of the locally oriented business space.
J.
Residential design. The following design requirements shall apply to the permitted residential uses contained within the ODI development:
(1)
The maximum residential density shall be 11 dwelling units per acre of lot area with the coordinated architectural scheme required in § 375-23550O of this chapter. For purposes of the density calculation of the ODI development, lot area shall exclude the following: existing street rights-of-way, floodplains, wetlands and slopes exceeding 25%.
(2)
No phase, in combination with previously constructed phases, of the development shall exceed the overall density permitted under § 375-23550J(1) of this chapter.
(3)
No minimum or maximum lot area is required for individual residential dwellings, however, the applicant shall demonstrate that sufficient area is provided for the anticipated building footprint.
(4)
Open space is required in the form of parks, squares, plazas, greenways and/or the expansion of adjacent existing public open space lands. Open space shall conform to the requirements of § 375-23550P of this chapter.
(5)
No more than 12 dwelling units shall be located in one building and no building shall exceed the length or depth of 150 feet.
(6)
The lot width and setback requirements are specified in the following chart:
ODI Development Uses: Lot Width and Setback Requirements | ||||
|---|---|---|---|---|
Permitted Residential Use | Lot Width | Front Yard | Side Yard | Rear Yard |
Single-family detached dwelling units | 32 feet | 10 feet | 6 feet on each side | 18 feet |
Single-family semidetached dwelling units | 28 feet per unit | 10 feet | 6 feet on open or end side | 18 feet |
Townhouse dwelling units | 16 feet per unit | 10 feet | 6 feet on open or end side | 18 feet |
Multifamily dwelling units | 45 feet | 10 feet | 6 feet on open or end side | 18 feet |
(7)
The following provisions shall specifically apply to the lot width and setback requirements established under § 375-23350J of this chapter.
(a)
No residential dwelling shall be setback more than 20 feet from the street right-of-way.
(b)
Front yards located along streets shall be measured from the street right-of-way line. Front yards located along access drives shall be measured from the edge of the cartway.
(c)
The porch area of a dwelling may encroach eight feet into the front yard. All porches, which shall be open and unenclosed except for a roof or awning, shall be set back a minimum of five feet from the edge of any cartway.
(d)
Bay windows are permitted to extend two feet into the front yard.
(e)
Front yards located along an arterial, major collector or minor collector street shall conform to the requirements of § 375-22210 (setback requirements) of this chapter.
(f)
Rear garage walls, which is the wall of any garage closest to the alley cartway, may be located eight feet from the alley cartway but shall not be closer than 24 feet from the opposite (farthest away) edge of the alley cartway.
(g)
Gutters, eaves, cornices and stoops shall be setback a minimum of three feet from all property lines (except for property lines shared by townhouse or semidetached dwellings).
(8)
The maximum lot coverage requirements shall be as follows:
(a)
The maximum lot coverage for a single-family detached dwelling shall be 70%.
(b)
The maximum lot coverage for a single-family semidetached dwelling shall be 75%.
(c)
The maximum lot coverage for a townhouse shall be 80%.
(d)
The maximum lot coverage for multifamily dwellings shall be 70%.
(9)
In those instances where more than one building is located on the same lot, the following separation distances will be provided between each building:
(a)
Location aligned parallel or at an angle less than 30°:
[1]
Front to front: 25 feet.
[2]
Rear to rear: 25 feet.
[3]
Front to rear: 25 feet.
[4]
Front or rear to side: 25 feet.
[5]
Side to side: 12 feet.
(b)
Locations aligned at an angle greater than 30°.
[1]
Front to front: 15 feet.
[2]
Rear to rear: 15 feet.
[3]
Front to rear: 15 feet.
[4]
Front or rear to side: 15 feet.
[5]
Side to side: eight feet.
(10)
No less than 75% of the buildings shall have their front facade facing a street or access drive.
(11)
No more than three horizontally contiguous dwelling units in any one building shall have the same front yard depths. A minimum variation of setback shall be four feet.
(12)
Required off-street parking shall be located at or behind the front facade of the building it is intended to serve and shall be set back a minimum of two feet from one of the side lot lines.
(13)
Off-street parking shall have direct vehicular access by way of an alley or a joint-use driveway to a street or an access drive.
(14)
A joint-use driveway shall access no more than four dwellings.
(15)
Semidetached accessory vehicle parking garages shall be permitted, provided that such semidetached accessory vehicle parking garages comply with the requirements for accessory vehicle parking garages set forth in § 375-23550K and N of this chapter, except that semidetached accessory vehicle parking garages shall have a minimum side yard setback of two feet.
K.
Locally oriented business design. The following design requirements shall apply to locally orientated residential uses contained within the ODI development.
(1)
Location shall be convenient to the residential uses and shall have driveway access only from within the development's interior street system and not onto an arterial or major collector street or any other existing public road.
(2)
No building footprint shall comprise more than 13,000 square feet of floor area.
(3)
An integrated system of sidewalks and/or pedestrian pathways shall be provided so that inhabitants of the development and adjoining neighborhoods to be served will have safe and convenient pedestrian access.
(4)
A passive open space area shall be incorporated into the locally oriented business area. The open space area shall consist of pedestrian path lamp posts, trash receptacles, shade tree beds, pedestrian benches and similar amenities that adjoin public space or above ground stormwater facilities.
(5)
The minimum lot width at the street frontage shall be 20 feet.
(6)
The minimum building setbacks are as follows:
(a)
The minimum front yard setback shall be 10 feet.
(b)
No setback requirement shall be applied for an interior yard located between locally oriented business buildings.
(c)
Yards adjoining residential buildings, and/or lots shall have a minimum setback of 25 feet.
(7)
The following provisions shall apply to the setback requirements specified under § 375-233550K(6) of this chapter:
(a)
Front yards along streets shall be measured from the street right-of-way line. Front yards along access drives shall be measured from the edge of the cartway.
(b)
Front yards along arterial, major collector and minor collector streets shall conform to the requirements of § 375-22220 (setback requirements) of this chapter.
(c)
No more than 30% of the buildings may have a front yard depth greater than the required front yard depth.
(8)
No locally oriented business shall be located on the same lot as a residential use, except for the second floor of multifamily dwellings required under § 375-23550I(5). In no case shall more than 70% of the locally oriented business lots be covered with buildings, streets, sidewalks and/or other impervious surfaces with the exception that up to 75% of the locally oriented business lots may be covered with buildings, streets, sidewalks and/or other impervious surfaces where at least 50% of the off-street parking serving the locally oriented business uses is located behind the front facade of the building(s).
(9)
Vehicular access shall be established from a permitted access drive directly to the street, which shall meet the following requirements:
(a)
The setback at least 20 feet from the street right-of-way line of any intersecting street.
(b)
The setback at least five feet from any fire hydrant.
(10)
Off-street parking and loading shall comply with the following setback requirements:
(a)
The setback at least three feet from property lines of locally oriented businesses, unless shared parking and/or loading with an adjoining commercial use property;
(b)
The setback at least 20 feet from property lines of residential uses; and
(c)
Screened and landscaped shall be required in accordance with § 375-22200 (screening and landscaping) of this chapter.
(11)
Outdoor trash receptacles shall comply with the following setback requirements:
(a)
The outdoor trash receptacles shall be located at the rear of the building.
(b)
The outdoor trash receptacles shall be setback at least 30 feet from a property line.
(c)
The outdoor trash receptacles shall be completely enclosed within masonry or sight tight fenced enclosure equipped with a self latching door or gate.
(12)
Unless otherwise permitted, no outdoor storage shall be permitted within the ODI development.
L.
Principal building height. The following provisions shall apply to building height:
(1)
All principal buildings with a height in excess of 44 feet shall be set back from the side property lines, rear property line and adjacent buildings an additional one foot for every two feet or fraction thereof in height. Principal buildings shall not exceed three stories.
(2)
Around the perimeter of the development parent tract, building height is limited to 35 feet maximum if the building is within 100 feet of the property line of the development parent tract.
M.
Maximum coverage. The following provisions shall apply to lot coverage:
(1)
In no case shall more than 70% of the ODI development be covered with buildings, streets, sidewalks and/or other impervious surfaces.
(2)
Section 375-23550J(8) of this chapter contains the maximum lot coverage for permitted residential uses within the ODI development.
(3)
Any portion of the site not covered with impervious material shall be maintained with a vegetative ground cover and/or other ornamental plantings.
N.
Accessory buildings. The following provisions shall apply to accessory buildings within the ODI development:
(1)
Accessory buildings, other than vehicle parking garages, shall not exceed a gross floor area of 200 square feet.
(2)
Accessory buildings shall be located at least 15 feet behind the front facade of the principal building.
(3)
Accessory buildings shall be set back four feet from the side and rear property lines.
(4)
Accessory buildings, other than vehicle parking garages, shall not exceed one story or 10 feet in height unless compliance with the provisions established under § 375-23550N(5) of this chapter has been achieved.
(5)
Accessory buildings, other than vehicle parking garages, may exceed 10 feet in height but in such instances shall be set back from all side and rear property lines an additional one foot for every two feet or fraction thereof that these accessory buildings exceed 10 feet in height to a maximum of 12 feet in height.
(6)
There shall be a limit of one accessory building per residential property.
(7)
All buildings on nonresidential properties shall be considered to be principal buildings.
(8)
Accessory vehicle parking garages shall not exceed one story or 15 feet in height and shall not exceed 600 feet of gross floor area. There shall be a limit of one accessory vehicle parking garage on each residential lot.
O.
Architectural design requirements. The following provisions shall apply to the architectural design requirement for the ODI development:
(1)
A coordinated architectural scheme is required. It is not the intent of East Lampeter Township to dictate architectural styles, however, a set of standards shall be chosen by the applicant and adhered to consistently throughout the development. Standards selected shall enhance the purpose and intent, as specified by § 375-23550A of this chapter.
(2)
The application shall include a report, prepared by an architect, registered within the Commonwealth of Pennsylvania, with textual and graphic building descriptions, denoting the features that will be incorporated into all building designs. The report shall include the following:
(a)
Building elevation(s), drawn to scale, for the front, side and rear elevations of each building and dwelling type. The elevations of all building and dwelling types, including accessory building types, shall include: building height dimension; number of stories noted; building skin and trim materials.
(b)
Material samples and color boards illustrating the color, texture, size of each skin material to be utilized within the ODI development.
(c)
Written outline specifications denoting the roofing specification, mechanical insulation performance, general construction characteristics and manufacturer's specifications and sheets on windows, doors and garage doors, gutters, specialty trim, columns and railings.
(d)
Nonstructural site improvements (buffering, landscaping and screening) that will be utilized to protect the integrity of the neighborhood shall be described.
(3)
The architectural criteria for an ODI development shall be as follows:
(a)
There are a variety of architectural styles appropriate to the overall architectural character of the development. The architectural styles used shall be compatible and complementary to one another and the surrounding community. Classic design styles are encouraged but not required.
(b)
The character of the architecture on the street will reinforce pedestrian scale and have a varied look.
(c)
All building and dwelling types will have street elevations detailed at a quality level consistent with the most expensive type selected for the development.
(d)
On gable roofs, only architectural grade shingles, metal roofing or approved specialty shingles may be used.
(e)
At least 75% of all garage doors shall face an alley or access drive. Vehicular access to and from at least 75% of all dwellings shall be from an alley and/or access drive. The only dwellings that may have vehicular access to a street are single-family dwellings and in all such instances the garage door must be recessed at least 10 feet from the front facade of the dwelling or be perpendicular to the street being accessed.
(f)
Windows shall be compatible in style, scale, proportion, and trim with the architectural vernacular being used.
(g)
Window mullions, if used, must be true divided light or applied to the glass surface.
(h)
Shutters may be used when appropriate to the style and window. Shutters shall be sized to match the window opening. Shutters used for ganged windows are inappropriate.
(i)
Building and mechanical equipment, but specifically excluding utility meters, shall not be located on the front facade of a building and shall be visually shielded from the public street. Utility meters should not be located on the front facade of a building but may be so located if they are completely shielded from view from adjoining properties and/or streets.
(j)
Entries and porches shall be consistent with the design vernacular. Entries shall face streets to the extent possible and be clearly visible within the building facade design. Entryways may not be recessed more than two feet from the facade of the building.
(k)
The primary entrance of a dwelling shall be appropriately scaled to the overall massing of the building. Porches are an outdoor extension of the living space of the house and shall be at least six feet in depth to provide an adequate depth for seating and circulation to and from the dwelling. Wrap around porches are an excellent way to capture prominent views, maximize a corner lot condition and extend the outdoor living space and are therefore encouraged.
(l)
At least 30% of all dwellings within the ODI development that face or front street types A and B [refer to § 375-23550Q(3)] shall have a porch.
(m)
No more than two facade material types per dwelling shall be visible on any exterior wall, excluding foundations and piers of the building. If all facades of any one dwelling are to be constructed of only one facade material, the material used must be a wood siding or clapboard, or a masonry material or masonry materials, such as brick, stone or stucco. If the facade of any exterior building wall includes an exposed material located below the first-floor level of the living area, this material shall not be considered to be one of the facade materials considered in this requirement.
(n)
Compatible colors, value and tone must be used on adjacent buildings. If a traditional architectural theme is used, the colors should be consistent with the architectural style.
(o)
The main doorway entrance for a least 75% of the residential buildings shall face a street or access drive.
(p)
Fences and walls located along the frontage shall complement the architectural theme of the buildings and form continuous, cohesive enclosures along the street.
(q)
There may be a predominance of a quality and quantity of landscaping, although emphasis herein shall be with the amounts and continuity of landscaping. Landscaping within the development shall comply with all applicable landscape requirements of this chapter and Chapter 368, Subdivision and Land Development, where such requirements are not in conflict with the specific provisions of this section.
(r)
In addition to the architectural design requirements specified under this section of this chapter, the design provisions relating to architectural relief and features that are further specified within Chapter 368, Subdivision and Land Development, shall be applied within the ODI development. Should a conflict exist, the design requirements specified under this section of this chapter shall be utilized.
(s)
Architectural renderings, elevations and building plans shall be submitted as a component of the conditional use application and land development plan application. All such documentation shall be subject to the review and approval by the Board of Supervisors.
(t)
Architectural design guidelines shall be reviewed and approved by the East Lampeter Township Solicitor and be recorded in order to impose covenants and conditions upon the property.
P.
Open space design requirements. The following provisions shall apply to the requirements of open space within the ODI development:
(1)
A minimum open space area of 15% of the development shall be designated as open space, which shall comply with the following general criteria:
(a)
The designated open space area shall exclude the area within existing street rights-of-way.
(b)
The open space area shall be credited against the required open space dedication in Chapter 368, Subdivision and Land Development. The remaining mandated open space shall be provided according to Chapter 368, Subdivision and Land Development.
(c)
No portion of the required open space is permitted to be located in the required perimeter buffer or building setback area of the development.
(d)
All open space within a development shall include features that serve as focal points for the project, are designed to complement the architecture of the development and enhance the pedestrian scale of the community.
(2)
The required open space within the ODI development shall be in the form of a greenway, park, plaza or square that complies with the following criteria:
(a)
Greenway. A series of connected open spaces that may follow natural features such as ravines, creeks or streams and consisting of paved paths and trails, lawns, trees, open shelters, or recreational facilities. A greenway may be used for a maximum of 30% of the required open space. A greenway shall have a width of not less than 25 feet.
(b)
Park. An open space area that is available for active and passive recreation, consisting of paved paths, trails, lawns, trees, open shelters and recreation facilities, such as playgrounds, courts and sport fields. Any open space area which equally meets the definition of greenway, plaza or square cannot be considered to be a park. Recreation facilities that are provided within a community building may be considered to be a park or a portion of a park. A park shall be at least 40,000 square feet in size and be at least 125 feet wide at its most narrow point. Ninety percent of the land area designated as a park shall contain a slope that does not exceed 5%.
(c)
Plaza. Open space set aside for residential community purposes consisting of durable pavement, landscaping, fountains and formal tree plantings. A plaza must adjoin building lots, including building lots across a street within the ODI development, which shall be along at least 50% of its perimeter. A plaza must be at least 60 feet wide at its most narrow point and contain a minimum of 5,000 square feet. The maximum slope of the land area designated as a plaza shall not exceed 5%.
(d)
Square. Open space that may encompass an entire block, located at the intersection of streets, set aside for residential community purposes. Squares consist of paved walks, lawns, trees, benches, fountains and open shelters. A square must adjoin streets within the ODI development, which shall be along at least 50% of its perimeter. A square shall be at least 20,000 square feet in size and be at least 75 feet wide at its most narrow point. The maximum slope of the land area designated as a square shall not exceed 5%.
(e)
The areas designated as open space shall be designed to provide pedestrian access via sidewalks, trails, paths, crosswalks and greenways. A plan for a network of linkages shall be submitted as part of the conditional use application.
(f)
The site improvements contained within the greenway, park, plaza and square shall be located, designed and constructed in accordance with the provisions specified by East Lampeter Township and by the National Recreation and Parks Association.
(3)
The required open space within the ODI development shall include the following:
(a)
ODI developments between eight and 20 acres in size shall include at least one park, plaza and/or square.
(b)
ODI developments exceeding 20 acres in size shall include at least one park, plaza and/or square. Every dwelling unit within the development must be within 750 feet of at least one of these open space facilities.
(c)
ODI developments between 20 and 40 acres in size shall include at least one park and at least one plaza, square and/or greenway.
(d)
ODI development exceeding more than 40 acres in size shall include a community center with an outdoor swimming pool in addition to the other open space requirements of § 375-23550P(3)(b) and (c) of this chapter.
(e)
ODI developments exceeding 40 acres in size shall include one additional park facility for every 20 acres above the initial 40 acres of the ODI development.
(4)
At least two of the open space facilities identified as squares, plazas or greenways must be at least 32,000 square feet in size for each square, plaza or greenway and shall contain at least two separate physical focal points, which are consistent with the community themes in architecture and site design, in the form of a landmark symbol such as a statue or sculpture, a community oriented building, a gazebo, a water feature such as a fountain or a pond, a recreational feature such as a tot lot (not a court or field for sports) and landscaping. Each of these focal points shall be visible to a minimum of 40% of the dwellings in the development and the street system must be designed to direct traffic toward these focal points.
(5)
At least 90% of the lots within the ODI development must be within 600 feet of a square, plaza or park. All lots shall have improved pedestrian access to a square, plaza and/or park via sidewalks, trails, paths, crosswalks and greenways.
(6)
Each optional design incentive development that is 40 net acres in size, shall include a community center with an outdoor recreational swimming pool. The community center building may also include indoor recreation facilities for year-round use, meeting rooms and/or outdoor playground facilities. Each community center building shall have off-street parking spaces provided on the same lot for each employee working on the lot and one additional off-street parking space on the same lot for each 5,000 square feet of area in the community center building lot.
(7)
Ownership of the open space shall be identified and accomplished through one of the following methods:
(a)
Dedication to East Lampeter Township, who shall not be obligated to accept the dedication of the proposed open space.
(b)
Private ownership by a nonprofit organization among whose purposes is the preservation of open space land and/or natural resources for the public's benefit. Such private owner shall be a bona fide conservation organization with a perpetual existence; the conveyance must contain appropriate provision for retransfer if the organization is unable to maintain the land. Private ownership is subject to deed restrictions in favor of East Lampeter Township, in language acceptable to the East Lampeter Township Solicitor and the private owner shall enter into a maintenance agreement with East Lampeter Township.
(c)
An association composed of the landowners in accordance with the laws of the Commonwealth of Pennsylvania. The agreements of sale and deeds for all open space lots shall contain the following requirements in language acceptable to the East Lampeter Township Solicitor and Board of Supervisors.
[1]
Open space property shall not be further transferred except to east Lampeter Township, unless East Lampeter Township has given prior written approval. Such transfer shall be made only to another party which shall maintain the common open space in accordance with this chapter.
[2]
Open space shall be subject to a maintenance agreement with East Lampeter Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities.
[3]
East Lampeter Township may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space.
[4]
East Lampeter Township may require that the open space or portions of the open space be made available to the general public for use.
Q.
Street, alley and access drive. The following design requirements for streets, alleys and access drives shall apply to an ODI development:
(1)
Streets shall be designed to reduce traffic speeds and promote safe pedestrian and nonmotorized vehicular travel with the use of crosswalks, signage, textured pavement, and other design materials approved by the Board of Supervisors.
(2)
Each vehicular accessway shall be classified according to the following types for the purposes of this § 375-23550 of this chapter only:
(a)
Street A: Provides access to the development and may act as a collector road within the development.
(b)
Street B: Provides circulation within the development and access to individual residential properties.
(c)
Alley: Provides primary vehicular access to residential uses. All alleys shall be private, undedicated vehicular accessways.
(d)
Access drive: Provides primary vehicular access to more than two residential uses or one or more nonresidential use. May also provide access to loading areas or access between or among parking areas within a development. All access drives shall be private, undedicated vehicular accessways.
(3)
The roads, vehicular access ways and parking lanes within the ODI development shall be designed in accordance with the following criteria:
ODI Development: Road, Alley and Access Drive Design Criteria | |||||
|---|---|---|---|---|---|
Design Requirement | Street A | Street B | Alley | Access Drive | |
Right-of-way width | 50 to 60 feet | 36 to 50 feet | 12 to 16 feet | 14 to 22 feet | |
Vehicular travel lanes | 1-Way | Not permitted | Not permitted | 12 feet wide per travel lane; 1 travel lane is required | 12 feet wide per travel lane; 1 travel lane is required |
2-Way | 12 feet wide per travel lane; 2 travel lanes are required | 10 feet wide per travel lane; 2 travel lanes are required | 8 feet wide per travel lane; 2 travel lanes are required | 10 feet wide per travel lane; 2 travel lanes are required | |
Parking lanes | 1 or 2 lanes; each 8 feet wide | 8 feet wide lanes, when provided | None | 8 feet wide lanes, when provided | |
Curb | Required | Required | None | None | |
Curb return radius | 25 feet | 15 feet | 15 feet | 15 feet | |
Horizontal center line | 150 feet | 80 feet | 20 feet | 80 feet | |
(4)
Fifty percent of the lineal footage of street classification type B shall provide on-street parking along one side of the street. Guest parking, including on-street parking, shall be appropriately distributed throughout the development at a rate of one parking space for every four dwellings. On-street parking may be counted towards guest parking requirements.
(5)
Whenever on-street parking is provided, bulb-outs (also known as bump outs, nubs, knuckles or neck-downs) shall be provided as follows:
(a)
At all intersections with other streets, alleys and access drives on the same side as the proposed on-street parking.
(b)
Where necessary to ensure that there are no continuous strips of on-street parking in excess of 250 feet.
(c)
Bulb-outs shall be approximately seven feet in depth.
(d)
Bulb-outs at intersections shall be 25 feet in length and all other required bulb-outs shall be at least 10 feet in length unless the East Lampeter Township Engineer agrees that a proposed alternative design achieves a superior result.
(e)
All bulb-outs shall be measured from the point of tangency where the intersecting street curb radius ties back into the main perpendicular street. The twenty-five-foot length shall be measured along the curbline. The transition portion of the bulb out tying into the proposed parking stall of the main perpendicular street shall include a radius of five feet and an overall transition length of 10 feet, as measured parallel to the center line of the street.
(f)
Bulb-outs proposed at intersections involving alleys shall be measured from the point of tangency where the intersecting alley curb radius ties back into the main perpendicular street. A ten-foot length shall be measured along the curbline. The transition portion of the bulb out tying into the proposed parking stall of the main perpendicular street shall include a radius of five feet and an overall transition length of 10 feet, as measured parallel to the center line of the street.
(g)
In no instance shall bulb-outs conflict with the required safe sight distance of the proposed internal street of the ODI development
(6)
The circulation system should maintain a grid pattern whenever possible. The orientation of streets should enhance the visual impact of common open spaces and prominent buildings. All streets shall terminate at other streets, except stub streets when such streets act as connections to future phases of development, public lands or adjacent properties which are expected to be developed at some time in the future. The use of traffic calming techniques shall be encouraged.
(7)
Illumination is required for streets, alleys and access drives, to increase safety of pedestrians, as well as vehicles, while contributing to the character of the development. Within the confines of the proposed development, lower light fixtures, as opposed to tall, high-intensity lights, are preferred. Light poles six feet to eight feet in height may replace the need for traditional streetlight fixtures provided that the light poles turn on and off in a similar manner as traditional streetlight fixtures.
(8)
All nonconforming provisions for streets, alley and access drive specified by this chapter and Chapter 368, Subdivision and Land Development, shall remain in effect.
(9)
Where a regional mass transit system provides service along a street adjacent to the proposed development, or where such a system is proposed as a part of an adopted municipal or regional transportation plan to serve the area of the development, appropriate dropoff and shelter facilities shall be located along such street or within such development or at some alternate location as may be required by the mass transit operator, applicable municipal agency or East Lampeter Township.
(10)
Street curbs, sidewalks and walkways shall be provided according to Township specifications. Alternate surface materials, such as but not limited to brick and Belgian block, may be substituted when determined by East Lampeter Township to be appropriate.
(11)
Crosswalks are required to be provided on all streets, alleys and access drives. Stamped asphalt, in lieu of painted lines may be considered as part of the conditional use application.
(12)
All utilities serving the ODI development shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company providing service, the utility services and connections shall be installed underground.
R.
Streets and access drives planting and landscaping. The following planting and landscaping requirements shall apply to the ODI development:
(1)
Trees shall be provided along each side of all proposed streets and access drives.
(2)
Street trees shall be located no closer than four feet and no farther than 15 feet from the rear of the curb or edge of pavement when no curb is provided. All other trees may be planted on a lot or open space area provided that it does not disrupt any stormwater management facilities, utility services and/or any other required site improvements for the ODI development.
(3)
The number of required trees shall be based on a minimum of one tree, on each side of a street or access drive, for every 40 linear feet of street or access drive. Trees may be located at varying distances and in groupings, provided that the streetscape of each block length contains the required number of trees.
(4)
The following variety of native species are acceptable trees for the ODI development:
Permitted Trees for an ODI Development | ||
|---|---|---|
American Beech | Green Ash | Shingle Oak |
American Linden | Green spire Linden | Silver Linden |
American Red Maple | Japanese Pagoda tree | Sugar Maple |
Black Oak | Japanese Slovak | Sycamore |
Bur Oak | Little leaf European Linden | Thorn less Honey Locust |
Common Hackberry | Marshall's Seedless Ash | Tulip Poplar |
Crimean Linden | Pin Oak | White Ash |
Eastern Poplar | Purple Beech | White Oak |
European Beech | Saw tooth Oak | |
Ginkgo (male only) | Scarlet Oak | |
(5)
Trees, when planted, shall be at least two inches in diameter, measured at six inches above the ground. In locations where healthy and mature trees currently exist, they may be counted toward the fulfillment of these standards, provided that they are retained and survive the street or access drive construction process.
(6)
No single species of tree may be used to make up more than 25% of the total number of trees used for street and access drive planting.
(7)
No evergreen type trees may be planted within or encroach upon the dedicated street rights-of-way.
(8)
Street trees located within the ODI development shall comply with the following criteria:
(a)
The required street trees must be planted on the building side or behind the sidewalk on the side of the street where on-street parking is planned.
(b)
Where no on-street parking is planned, required street trees shall be located between the curb and the sidewalk provided that the strip between the curb and sidewalk is at least four feet in width. If the strip is less than four feet in width, the required street trees shall be located behind the sidewalk.
(9)
Additional plantings may be used to complement the street and access drive trees. If permanent containers are used to accommodate such plantings, they shall contain vegetation, which is hardy for all seasons, or shall be replanted according to the change in seasons. The perpetual care and maintenance of such plantings shall be the responsibility of the entity responsible for the required open space.
(10)
Trees are not required along alleys.
(11)
All plantings shall be maintained to provide a clear and unobstructed passage way for the full width of the sidewalk or walkway to a point at least eight feet above the sidewalk or walkway and for the full width of the street, alley or access drive to a point at least 14 feet above the street, alley or access drive.
S.
Sidewalks. The following provisions shall apply to sidewalk requirements for the ODI development:
(1)
Sidewalks shall be provided along both sides of all streets and access drives.
(2)
Sidewalks shall be a minimum of five feet wide.
(3)
Sidewalks located along street(s) type A (refer to § 375-23550Q) shall be located a minimum of four feet from the front face of curb.
(4)
Sidewalks located along street(s) type B or access drives (refer to § 375-23550Q) shall be located a minimum of two feet from the front face of curb.
(5)
Sidewalks that abut commercial uses shall be at least eight feet wide and may be located contiguous to the cartway of streets or access drives.
(6)
Sidewalks shall include aprons for access by handicapped persons and be designed according to all of the standards contained within the latest version of the Americans with Disabilities Act.
(7)
Sidewalk planting strips may be replaced with ten-foot wide sidewalks at locations of passive pedestrian nodes (e.g., benches, fountains, public transit stops and open space).
(8)
Alternate sidewalk materials may be substituted such as brick, pavers, stamped concrete or a mixture of alternate materials. All such alternate sidewalk materials shall be subject to the review and approval of East Lampeter Township.
T.
Perimeter buffer. The following provisions shall apply to the perimeter buffer of the ODI development:
(1)
Adverse visual impacts between adjacent developments of differing intensities shall be mitigated through the use of landscape buffers, neighborhood-compatible architecture, building mass, building location and building orientation.
(2)
No buildings, parking areas, streets, access drives or alleys, except for perpendicular streets required to provide access to the development, shall be located within 35 feet of any perimeter boundary of the proposed development.
(3)
No townhouse dwelling or multifamily dwelling shall be located within 50 feet of any perimeter boundary of the proposed development.
(4)
Housing types located along the perimeter of the development shall be the same as those located on adjoining properties.
(5)
Landscape buffers shall function as a semiopaque screen from the ground to at least a height of six feet. Vegetative material within this buffer shall meet the following criteria:
(a)
Existing or planted deciduous trees shall attain a height at maturity of not less than 40 feet. Existing or planted evergreen trees shall attain a height at maturity of not less than 10 feet.
(b)
At least 75% of the required shrubs shall be evergreen species and all shrubs shall have been locally adapted to the area.
(c)
Tree spacing shall be no greater than 50 feet on center for deciduous trees and no greater than 20 feet on center for evergreen trees. Spacing distance may be increased when required for trees with branch length that overlaps.
(d)
Perimeter buffer may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation or any appropriate combination of these elements which complement and enhance the development's architectural theme.
(e)
The requirement for a landscape buffer within infill areas may be modified in accordance with the provisions specified under § 375-23550U of this chapter in order to maintain the continuity within the community.
(f)
No single species type may make up more than 25% of the total number of plantings of that category (e.g., deciduous, evergreen or shrub).
U.
Modifications of design standards. The provisions contained under § 375-23550 of this chapter may be modified, subject to the following criteria:
(1)
The Board of Supervisors may, by conditional use approval, permit the modification of the design standards of this section, in order to encourage the use of innovative design to meet the purpose and objectives of this section.
(2)
Requests for modification of design standards shall be submitted in writing with the conditional use application for optional design incentive. The Board of Supervisors shall consider both the optional design incentive and modification of design standards simultaneously.
(3)
Modification of design standards shall be subject to the following:
(a)
Modifications of design standards shall better serve the intended purpose and intent of this district, as expressed in § 375-23550A of this chapter.
(b)
Modifications of design standards shall not result in greater adverse impact to adjoining properties nor future inhabitants within the zoning district than the development would without the requested modifications.
(c)
Modifications will not result in an increase in residential densities, beyond the maximum density permitted in § 375-23550J(1) of this chapter.
V.
Conditional use site plan requirements. The following provisions shall apply to the requirements of a conditional use site plan and the effect of the approval of the conditional use site plan:
(1)
Each applicant under this § 375-23550 shall present a conditional use site plan with the application for a conditional use. The conditional use site plan shall contain, at a minimum, the information identified in § 375-23550V(7) of this chapter.
(2)
Approval of the conditional use application shall make compliance with the conditional use site plan and any revisions thereto a part of the approval. The applicant and future landowners shall develop the property in the manner set forth on the conditional use site plan and any revisions thereto when authorized in accordance with § 375-23550V(3) and (4) of this chapter.
(3)
The applicant and future landowners may, during the subdivision and land development process, make minor revisions to the site plan as may be necessary to accommodate fully engineered stormwater management facilities, public sewer facilities, public water facilities, floodplains and changes to street design as may be required by the Pennsylvania Department of Transportation as part of a highway occupancy permit process.
(4)
Minor revisions to the approved conditional use site plan shall not:
(a)
Alter any of the items set forth in § 375-23550V(5) of this chapter;
(b)
Increase the number of dwelling units permitted in the development;
(c)
Change the percentage or mix of each type of dwelling unit in the development;
(d)
Change the amount of nonresidential building area or land area to be devoted to nonresidential uses;
(e)
Change the amount or location of open space areas'
(f)
Change the minimum lot sizes for the residential dwellings;
(g)
Result in lots or street systems that are impractical or detract from the appearance of the development;
(h)
Change any improvement proposed to qualify for a design incentive.
(5)
Minor revisions to the approved conditional use site plan shall:
(a)
Conform to the design requirements of § 375-23550 of this chapter.
(b)
Generally enhance the development plan, or in any case not have an adverse impact on its physical, visual or spatial characteristics.
(c)
Generally enhance the streetscape and neighborhood, or in any case not have an adverse impact on the streetscape and neighborhood.
(d)
Comply with the provisions of the optional design incentive standards.
(e)
Allow for equal or better results than the originally approved conditional use site plan and represent the minimum modification necessary.
(6)
Any change to an approved conditional use site plan which does not constitute a minor revision authorized by § 375-23550V(3) must be submitted as an application to amend the conditional use approval.
(7)
The conditional use site plan shall include, at a minimum, the following information:
(a)
The project name or identifying title.
(b)
The name and address of the landowner, applicant and firm that prepared the plan.
(c)
The file or project number assigned by the firm that prepared the plan, plan date, and dates of all plan revisions.
(d)
A North arrow, graphic scale and written scale.
(e)
The entire tract boundary with bearings and distances, and identification of all corner markers.
(f)
A location map at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all streets, municipal boundaries, and streams located within 1,000 feet of any part of the property.
(g)
Existing adjacent land uses and lot lines within 200 feet of any part of the property, including the location of all public and private streets, drives or lanes, railroads, historic sites and other significant natural or man-made features.
(h)
Names of all immediately adjacent landowners, and names and plan book numbers of all previously recorded plans for adjacent projects.
(i)
Contours at vertical intervals of two feet for land with average natural slope of 12% or less, and at vertical intervals of five feet for more steeply sloping land; location of bench mark and datum used.
(j)
Areas subject to the one-hundred-year flood, wetlands, water bodies, habitats of endangered species, caves, historic sites, archeological sites and woodlands.
(k)
Soil types as indicated by the most recent United States Department of Agriculture (USDA) Natural Resources Conservation Service Soil Survey of Lancaster County.
(l)
Existing landmarks within the proposed development, including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.
(m)
Site data including, but not limited to the following:
[1]
Total acreage of the tract (gross acres);
[2]
Zoning district;
[3]
Proposed use of the land;
[4]
Proposed gross area of the development;
[5]
Proposed net area of the development;
[6]
Proposed residential density;
[7]
Proposed number of dwelling units;
[8]
Proposed mix of dwelling types;
[9]
Proposed number of lots;
[10]
Acreage and percentage of proposed common open space;
[11]
Acreage and floor area of any proposed commercial areas;
[12]
Proposed number of off street and on street parking spaces;
[13]
Total lot coverage in square feet and percentage; and
[14]
Total building coverage in square feet and percentage.
(n)
Location and surface materials of all streets, access drives, parking compounds, sidewalks, bikeways and curbing, with approximate dimensions for each.
(o)
Location of all proposed lot lines with approximate dimensions.
(p)
Size of all lots, lot coverage and building coverage in square feet or acreage and by percentage.
(q)
Location, height and configuration of all buildings. Each multifamily dwelling building shall identify the number of dwelling units within the building.
(r)
Location, size, type and use of all common open space areas, structures and recreation facilities.
(s)
Landscaping, buffering, screening, walls and fences.
(t)
Phasing plan and development schedule, when applicable. When required, the phasing plan shall include timing and sequence of construction for all infrastructure provided by the developer. This schedule is subject to the approval of East Lampeter Township.
(u)
Infrastructure includes, but is not necessarily limited to, site improvements, landscaping, pedestrian accommodations, stormwater management, sanitary sewerage, water supply, vehicular circulation, parking and any off-site improvements as may be required as a condition of approval, including signalization or other site improvements at the access points to the development.
W.
Other provisions. In addition to the provisions that are specified under § 375-23550 (optional design incentive development), the proposed ODI development shall comply with the applicable general provisions that are contained within Article XXII (General Regulations) and the provisions for a conditional use application that are specified under § 375-25080 of this chapter.
§ 375-23560 Orphanage.
A.
Orphanage, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by special exception within the R-2 and R-3 Zoning Districts.
Chart 375-23560: Orphanage | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | P 1 | P 1 | |||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size Requirements | |||||||||||||
B.
The chart contained under § 375-23560A of this chapter has been provided as a general reference guide. Section § 375-23560 and the underlying zoning district provide specific regulations for orphanages.
C.
Permitted uses. The following principal and accessory uses shall be permitted within an orphanage:
(1)
The principal use shall be the orphanage.
(2)
Subordinate or accessory uses within an orphanage shall be limited to: administrative offices; educational uses; meeting rooms; conference rooms; work stations; cafeterias; snack bars; private recreation uses; places of worship; and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory uses shall not occupy more than 30% of the cumulative gross floor area or occupied space area of all uses within the orphanage. The accessory uses shall be considered subordinate uses that directly benefit the orphanage.
(3)
The landowner and operators of the orphanage shall furnish the certificates and licenses for the ownership and operation of an orphanage, as issued by the local, state and federal agencies with jurisdiction.
(4)
All principal buildings associated with the orphanage shall comply with the appropriate building code requirements established by East Lampeter Township and the Commonwealth of Pennsylvania.
D.
Area and utility requirements. The following general provisions shall apply to orphanage:
(1)
The orphanage shall be located on a lot with a minimum area of three acres.
(2)
The orphanage shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The orphanage shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving orphanage shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company providing service, the utility services and connections shall be installed underground.
E.
Setback, coverage and height requirements. The orphanage shall comply with the following setback, coverage and height requirements:
(1)
The buildings occupying the principal and accessory uses associated with the orphanage shall be located at least 50 feet from all street rights-of-way lines and property lines.
(2)
All permitted uses designated as an outdoor use or activities for the orphanage shall not be located within the front yard and shall be located at least 20 feet from all side and rear lot lines.
(3)
All external storage areas utilized as part of the orphanage shall not be located within the front yard and shall be located at least 20 feet from all side and rear property lines.
(4)
All buildings, structures, external storage areas and/or open areas utilized as part of the orphanage shall be located at least 50 feet from any land or water areas considered to be floodplains, perennial streams, intermittent streams, surface waters, wetlands, water supply wells, and slopes exceeding 25% in grade.
(5)
No more than 20% of the lot shall be covered by buildings.
(6)
No more than 40% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving.
(7)
The maximum height of any building or structure shall be 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
(8)
All other building and/or structures shall comply with the setback requirements of the zoning district on which the orphanage is located.
§ 375-23570 Personal service facility.
A.
Personal service facility, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the C-1, C-2, C-3, BP, MU, BH, VG and VC Zoning Districts:
Chart 375-23570: Personal Service Facility | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | P | P | P | |||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23570A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23570 and the underlying zoning districts provide specific regulations for the personal service facility.
C.
General requirements. The following general provisions shall apply to personal service facility:
(1)
The personal service facility shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The personal service facility shall be serviced by public water supply facilities or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the personal service facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company providing service, the utility services and connections shall be installed underground.
(4)
All other building and/or structures shall comply with the setback requirements of the zoning district on which the personal service facility is located.
§ 375-23580 Places of worship.
A.
Places of worship, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the AG, R-1, R-2, R-3, C-1, C-2, BP, MU, BH, VG, VC and VR Zoning Districts.
Chart 375-23580: Places of Worship | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 1 | P | P | P | P | P | P | P | P | P | P | |||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size Requirements | |||||||||||||
B.
The chart contained under § 375-23580A of this chapter has been provided as a general reference guide. Section 375-23580 and the underlying zoning district provide specific regulations for places of worship.
C.
Permitted uses. The following principal and accessory uses shall be permitted for places of worship:
(1)
The principal use shall be the church, religious facility or the place of worship.
(2)
Subordinate or accessory uses shall be limited to: administrative offices; meeting rooms; educational uses; a rectory or residential use; private recreation uses; a cemetery; banquet facilities; social hall; concession stands; day-care facilities; and/or other similar uses. The accessory uses shall be considered subordinate or accessory uses that directly benefit the persons that are member or area affiliated with the place of worship.
(3)
The permitted uses described within § 375-23580C(1) and (2) of this chapter may be permitted outside of the places of worship provided that such uses comply with the setback requirements of the zoning district.
(4)
An attached or detached residential dwelling may be located on the same lot as the place of worship, subject to the following provisions:
(a)
The rectory or residential dwelling shall only be occupied by no more than four unrelated persons that area employed by the place of worship.
(b)
The total gross floor area of the residential use shall not be more than 30% of the total gross floor area of the place of worship.
(c)
The provisions for sanitary sewage disposal and water supply shall be subject to the review of East Lampeter Township and the Pennsylvania Department of Environmental Protection.
(d)
The residential dwelling shall comply with the setback, coverage and height requirements that are under § 375-23580D of this chapter.
(e)
If the residential dwelling is located on a lot that is not occupied by the place of worship, the residential dwelling shall than be considered as a principal use and subject to the provisions specified by the zoning district on which the residential dwelling is located.
(5)
An attached or detached school or educational use may be located on the same lot as the place of worship, subject to the following provisions
(a)
A school or educational use shall be permitted, provided that the combination of uses comply with the lot, setback, coverage and height requirements of the zoning district on which the church and school are located.
(b)
The school or educational use shall only be occupied by students, teachers and staff members that are members of the place of worship. The curriculum shall be exclusively related to the religious beliefs of the place of worship and shall not include core educational subjects that are typically provided by a public or private school, such as mathematics, science, English, grammar, language, history, physical education, art and/or music.
(c)
The total gross floor area of the school or educational use shall not be more than 50% of the total gross floor area of the place of worship.
(d)
In addition to the provisions contained under § 375-23580 of this chapter, the private school or educational use shall be subject to the provisions specified within this chapter.
(6)
An attached or detached day-care facility may be located on the same lot as the place of worship, subject to the following provisions:
(a)
The day-care use shall only be considered as an accessory use to the place of worship.
(b)
The day-care facility shall only utilize areas contained within the existing building occupied by the place of worship, which are designated for other permitted principal and accessory uses.
(c)
The day-care facility shall comply with all pertinent provisions established for a day-care use by the Commonwealth of Pennsylvania and East Lampeter Township.
(d)
In addition to the provisions contained under § 375-23580, the day-care use may be subject to the provisions specified under § 375-23220 of this chapter.
(7)
A cemetery may be located on the same lot as the place of worship, subject to the following provisions:
(a)
A cemetery shall be permitted by special exception within the AG, R-1, R-2 and R-3 Zoning District.
(b)
A cemetery shall be subject to the provisions of § 375-23150 of this chapter.
(8)
Private or accessory recreation facilities may be located on the same lot as the place of worship, subject to the provisions specified under § 375-23620 of this chapter.
(9)
All other permitted uses described within § 375-23580C of this chapter shall be harmoniously planned and integrated as part of the place of worship.
D.
Setback, coverage and height requirements. The following setback, coverage and height requirements shall apply:
(1)
The minimum lot width for the places of worship shall be 200 feet.
(2)
All principal buildings and/or uses specified under § 375-23580C of this chapter shall be located at least 50 feet from any street right-of-way line or property line.
(3)
All accessory buildings, structures and/or uses specified under § 375-23580C of this chapter shall be located at least 50 feet from any street right-of-way line and 20 feet from all other property lines.
(4)
No more than 50% of the lot shall be covered by buildings.
(5)
No more than 70% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving.
(6)
The maximum height of any building or structure shall be 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
E.
General requirements. The following general requirements shall apply to places of worship:
(1)
Places of worship shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
Places of worship shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
The landowner and/or designated leader of the place of worship shall furnish a valid permit, licenses and/or certifications to operate the uses and facilities located on the property.
(4)
Outside pedestrian waiting lines shall be provided with a means of shade and/or relief from the exposure of the sun and heat.
(5)
The requirements for off-street parking will be determined based upon a combination of permitted uses contained within the places of worship and the compliance chart specified under § 375-22160E of this chapter. As part of the land development plan application, East Lampeter Township may permit overflow parking on designated lawn areas in accordance with the following criteria:
(a)
The overflow parking area shall only be utilized in order to accommodate the parking demand during peak events or for the combination of events at the place of worship.
(b)
The overflow parking area shall be accessible only from the interior driveways or access lanes for the parking facility, which shall be located, designed and fenced to prevent motor vehicles from crossing adjoining properties or directly accessing public roads.
(c)
Soil erosion, sedimentation control, and stormwater runoff shall be managed in accordance with all applicable laws and regulations.
(d)
If it is determined that traffic congestion is occurring along adjoining roads, and that the traffic congestion is directly related to the size or design of the overflow parking area, East Lampeter Township shall require the landowner to revise the off-street parking facilities in order to resolve the traffic congestion problem and/or provide additional on-site parking spaces to accommodate the parking demand during peak events or for the combination of events at the place of worship.
§ 375-23590 Principal uses permitted in combination.
A.
Principal uses permitted in combination, as defined under § 375-2020 of this chapter, shall be permitted by right within the C-1, C-3, I-1, I-2, BP, MU, BH, VG and VC Zoning Districts. Clarification regarding the procedural requirements for the permitted uses is further specified under § 375-23590C of this chapter.
Chart 375-23590: Principal Uses Permitted in Combination | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | P 1 | ||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Land Use and Development Requirements | |||||||||||||
B.
The chart contained under § 375-23590A of this chapter has been provided as a general reference guide. Section 375-23590 of this chapter and the underlying zoning district provide specific regulations for principal uses permitted in combination.
C.
Permitted uses. The following uses shall be permitted as part of principal uses permitted in combination.
(1)
The principal uses contained within the development may include the principal uses that are permitted by right within the zoning district on which the principal uses are located.
(2)
If any of the permitted uses within development require special exception or conditional use approval, the procedural requirements for a special exception or conditional use shall apply to the development.
(3)
The accessory uses contained within the development may include the accessory uses that are permitted by right within the zoning district on which the principal uses are located.
(4)
The permitted uses described within § 375-23590C of this chapter may be permitted, provided that such uses comply with the area requirements specified under § 375-23590D, the setback requirements shall follow the zoning district.
D.
Area and utility requirements. The following general provisions shall apply to a principal use permitted in combination with other uses:
(1)
The principal uses permitted in combination with other uses shall comply with the minimum and maximum lot area requirements specified by the zoning district on which the principal uses in combination are located.
(2)
Principal uses permitted in combination with other uses shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Principal uses permitted in combination with other uses shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
Unless otherwise permitted by East Lampeter Township, the principal uses shall have separate utility connections for sanitary sewage disposal, water supply, electric, telephone, natural gas and cable services.
(5)
All other utility provisions serving principal uses permitted in combination with other uses shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
§ 375-23610 Public utility buildings and/or structures.
A.
Public utility buildings and/or structures, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Public utility buildings and/or structures shall be permitted as a principal use by right in the C-2, C-3, I-1, I-2 and BP Zoning Districts.
(2)
Public utility buildings and/or structures shall be permitted as a principal use by special exception within the AG, R-1, R-2, R-3, C-1, MU, BH, VG, VC and VR Zoning Districts.
Chart 375-23610: Public Utility Buildings and/or Structures | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P | P | ||||||||||
Special exception | P | P | P | P | P | P | P | P | P | P | |||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23610A of this chapter has been provided as a general reference guide. Section 375-23610 and the underlying zoning district provide regulations for public utility buildings and/or structures.
C.
Permitted uses. The following provisions shall apply to the proposed uses and activities:
(1)
The landowner and operator of the property on which the public utility building and/or structure is located must be classified as a "public utility," as defined under § 375-2020 of this chapter.
(2)
The applicant for the utility must demonstrate that the selected location is necessary for public service and convenience and that the use cannot be supplied with equal effectiveness if located elsewhere.
D.
General requirements. The following general requirements shall apply to public utility buildings and/or structures:
(1)
The public utility buildings and/or structures shall be served by public sanitary sewer facilities (where available) or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any municipal ordinances.
(2)
The public utility buildings and/or structures shall be served by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
Public utility buildings and/or structures not intended for occupancy shall not require sanitary sewage disposal facilities and/or water supply facilities.
(4)
All uses and activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner shall design, construct and implement appropriate safeguards.
(5)
Hazardous, contaminated and/or toxic materials, including, but not limited to, highly flammable materials, explosives, pathological wastes and radioactive materials, shall not be stored at the site.
(6)
The landowner shall provide East Lampeter Township and the emergency service responders (police, fire and ambulance) with a complete list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders.
§ 375-23620 Recreation use.
A.
Recreation use, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Recreation as an accessory use shall be permitted as accessory use by right within the I-1, I-2 and BP Zoning Districts and by special exception within the AG Zoning District. For the purposes of this chapter, the term "recreation as an accessory use" may also be referenced as "accessory recreation use."
(2)
Recreation as a commercial use shall be permitted as a principal use by right within the C-2, C-3, BP and MU Zoning Districts. For purposes of this chapter, the term "recreation as a commercial use" may also be referenced as "commercial recreation use."
[Amended 8-15-2022 by Ord. No. 360]
(3)
Recreation as a municipal use shall be permitted as a principal or accessory use by right in the AG, R-1, R-2, R-3, C-1, C-2, C-3, I-1, I-2, BP, MU, BH, VG, VC and VR Zoning Districts. For the purposes of this chapter, the term "recreation as a municipal use" may also be referenced as "municipal recreation use."
(4)
Recreation as a private or restrictive use shall be permitted as a principal or accessory use by right within the R-1, R-2, R-3, C-1, C-2, BP, MU, BH, VG, VC and VR Zoning Districts. For the purposes of this chapter, the term "recreation as a private or restrictive use" may also be referenced as "private recreation use" or "restrictive municipal use."
Chart 375-23620: Recreation Use [Amended 8-15-2022 by Ord. No. 360] | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P, A 3 | P, A 3, 4 | P, A 3, 4 | P, A 3, 4 | P, A 3, 4 | P, A 2, 3, 4 | P, A 2, 3 | P, A 1, 3 | P, A 1, 3 | P, A 1, 2, 3, 4 | P, A 2, 3, 4 | P, A 3, 4 | P, A 3, 4 | P, A 3, 4 | P, A 3, 4 |
Special exception | A 1 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Recreation as an Accessory Use | 2 = Recreation as a Commercial Use | ||||||||||||||
3 = Recreation as a Municipal Use | 4 = Recreation as a Private or Restrictive Use | ||||||||||||||
B.
The chart contained under § 375-23620A of this chapter has been provided as a general reference guide. Section 375-23620 and the underlying zoning districts provide specific regulations for recreation uses.
C.
Permitted uses. The following principal, accessory and subordinate recreation uses shall be permitted:
(1)
Accessory recreation uses. The principal use shall be a use permitted by right in the zoning district on which the principal use and the accessory recreational use are located. The accessory recreational uses shall be subject to the review and approval of East Lampeter Township.
(2)
Health club or fitness center. A commercial use that provides recreation facilities for health and/or fitness activities within a principal building and/or defined accessory outdoor area. The following principal and accessory uses shall be permitted:
(a)
The principal use shall be the health club and/or fitness center, which shall be classified as a commercial recreation use.
(b)
Accessory or subordinate uses contained within a building occupied by recreation health clubs and/or fitness centers shall be limited to: administrative offices; fitness equipment facilities; sports training facilities; therapeutic spas; aerobic training facilities; cardiovascular training facilities; swimming pools; racquetball courts; locker rooms and shower facilities; child-care facilities; retail sales; snack bars; vending machines; and/or other similar uses. The cumulative gross floor area or occupied space area for all such subordinate or accessory uses shall not occupy more than 40% of the cumulative gross floor area of building occupied by recreation health clubs and/or fitness centers. The accessory uses shall only be made available to the members of the recreation health club and/or fitness center.
(c)
Recreation facilities located outside of the building occupied by recreation health club and/or fitness center may be permitted as an accessory or subordinate use, provided that such uses are limited to: basketball courts; baseball and softball fields; tennis courts; volleyball courts; swimming pools; walking, running or fitness trails; bicycle trails; exercise stations; hockey rinks; and/or other similar recreation facilities, as determined appropriate by East Lampeter Township.
(3)
Commercial recreation use. The following principal and accessory uses shall be permitted:
(a)
The principal use shall include commercial recreation uses and activities that are contained within a building or defined area in which an admission or participation fee is charged to the customers.
(b)
Accessory or subordinate uses for the commercial recreation use shall be limited to: administrative offices; child-care facilities; retail sales; snack bars and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory or subordinate uses shall not occupy more than 20% of the cumulative gross floor area or occupied space area of all permitted principal commercial recreation uses. The accessory uses shall only be made available to the customers of the commercial recreation use.
(4)
Municipal recreation use. The following principal and accessory uses shall be permitted:
(a)
The principal use shall include recreation uses and activities that are contained within a building or defined outside area that is generally open to the community during specified periods of time. Municipal recreation uses may be classified as a park, playground, recreation area and/or open space area that is typically owned and maintained by East Lampeter Township.
(b)
Accessory or subordinate uses for the municipal recreation use shall be limited to: administrative offices; child care facilities; concession stands; entertainment uses and/or other similar uses. The cumulative gross floor area or occupied space area for all such accessory or subordinate uses shall not occupy more than 30% of the cumulative gross floor area or occupied space area of the principal uses. The accessory uses shall be made available to the landowners and residents within the community during specified periods of time customers of the municipal recreation use.
(5)
Private or restrictive recreation use. The following principal and accessory uses shall be permitted:
(a)
The principal use shall include recreation uses and activities that are contained within a building or defined outside area that is generally established as part of a residential development, which is open to the landowners and residents within the development during specified periods of time. Private recreation uses may be classified as a park, playground, recreation area and/or open space area that is typically owned and maintained by a homeowners' association, management group, or other similar organization.
(b)
Accessory or subordinate uses for the private recreation use shall be subject to the review and approval of East Lampeter Township. If accessory uses are permitted, they should only be made available to the landowners and residents within the development during specified periods of time.
D.
General requirements. The following general provisions shall apply to accessory recreation uses:
(1)
The recreation use shall be serviced by public sanitary sewer facilities (where available) or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The recreational use shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which is consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All active recreation facilities and uses located outside of the principal building shall be located at least 50 feet from any street right-of-way line and property line.
(4)
All passive recreation facilities and uses located outside of the principal building shall be located at least 20 feet from any street right-of-way line and property line. No setback requirement shall apply to a trails or pathway that provides a linkage to other recreation uses or community facilities.
§ 375-23640 Regional impact development.
A.
Regional impact development, as defined under § 375-2020 of this chapter, shall be permitted by conditional use within all zoning districts, provided that the regional impact development contains principal use(s) that are permitted within the zoning district on which the regional impact development is located.
Chart 375-23640: Regional Impact Development | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | |||||||||||||||
Conditional use | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23640A of this chapter has been provided as a general reference guide. Section 375-23050 and the underlying zoning district provide specific regulations for regional impact development.
C.
Application. A regional impact development shall be classified as a principal use or combination of principal uses that have the capability to generate 500 or more vehicle trips during any peak hour of operation as part of an application. The regional impact development may include uses that are permitted within the zoning district on which the regional impact development is located and in accordance with this chapter.
D.
Area and utility requirements. The following general provisions shall apply to regional impact developments:
(1)
The principal uses that are permitted within the regional impact development shall comply with the required lot area requirement of the zoning district on which the principal use is located.
(2)
Regional impact developments shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Regional impact developments shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
E.
General requirements. The following general requirements shall apply to regional impact developments:
(1)
The architectural features or building facade for the uses within the regional impact development shall be harmoniously planned as a unified development. As part of the conditional use application, the applicant or developer shall identify the nonresidential uses and demonstrate how these uses can be amicably planned considering their architectural appearance.
(2)
At least one primary point of ingress and egress to the regional impact development shall be located along a collector or arterial street.
(3)
The regional impact development shall include a clearly defined internal pedestrian circulation system, which shall be designed considering the following criteria:
(a)
Sidewalks shall be provided along all streets within the regional impact development.
(b)
Sidewalks shall be provided from the regional impact development to: nearby regional mass transit facilities; any adjacent developments from which pedestrians would reasonably be expected to walk; any adjacent undeveloped lands zoned for development from which pedestrians would reasonably be expected to walk in the future; adjacent community facilities; and to other areas determined appropriate by East Lampeter Township.
(c)
Crosswalks shall be provided to facilitate pedestrian circulation within the regional impact development.
(d)
The pedestrian circulation system shall comply with the requirements specified by East Lampeter Township. Alternative designs may be considered if the applicant can demonstrate that the alternative design will not be detrimental to external or internal pedestrian circulation.
(4)
Where a mass transit system provides service along a street adjacent to regional impact development, or where such mass transit system is proposed as part of an adopted municipal or regional transportation plan to serve the area of the regional impact development, a designated pickup or dropoff shelter shall be located along such street, or within such regional impact development, or at some alternate location, as may be identified by the mass transit company or East Lampeter Township.
F.
Land development. The following criteria shall apply to the initial and future phases of land development for a regional impact development.
(1)
A complete land development plan shall be submitted to East Lampeter Township for review and consideration. The land development plan shall comply with all conditions of approval issued as part of the conditional use application as well as all other provisions specified by East Lampeter Township.
(2)
Where a regional impact development is an extension, expansion, or revision of a development existing prior to the adoption of these regulations, only that part of the regional impact development being extended, expanded, or revised shall be subject to the regional impact development requirements that are specified under § 375-23640 of this chapter.
(3)
Where a regional impact development is to be constructed in phases, the application for conditional use shall include the entire area to be developed in all phases. In such case, the applicant shall provide a construction schedule for each phase. This schedule shall indicate the timing and sequence of construction for all infrastructure to be provided by the developer, including, but not necessarily limited to, site improvements, traffic, sanitary sewage, water supply, vehicular circulation, stormwater management, landscaping, lighting, pedestrian accommodations, parking, loading, and any other on-site or off-site improvements that are required as a condition of approval.
§ 375-23650 Repair facility as accessory use.
A.
Repair facility as an accessory use, as further defined under § 375-2020 of this chapter, shall be permitted as an accessory use permitted by right within the I-1, I-2 and BP Zoning Districts.
Chart 375-23650: Repair Facility as Accessory Use | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A | A | A | ||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23650A of this chapter has been provided as a general reference guide. Section 375-23650 and the provisions of the underlying zoning district shall apply to repair facility as an accessory use.
C.
General requirements. The following general requirements shall apply to a repair facility as an accessory use:
(1)
The permitted principal and accessory uses shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The permitted principal and accessory uses shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
The permanent storage of equipment and materials that are utilized for the repair facility shall be located within a building occupied by the principal use.
(4)
The temporary storage of equipment and materials that are utilized for the repair facility shall be located at least 50 feet from all street right-of-way lines and all other property lines.
(5)
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the principal use or repair facility shall be permitted.
(6)
All general service, maintenance and/or repair activities shall be permitted provided that they are conducted within an enclosed building that complies with the appropriate building code requirements specified by East Lampeter Township.
(7)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(8)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
§ 375-23660 Residential accessory buildings or structures.
A.
Residential accessory buildings or structures, as defined under § 375-2020 (definitions) of this chapter, shall be permitted as follows:
(1)
A residential accessory building or structure for a permitted use shall be permitted by right in the AG, R-1, R-2, R-3, BR, BP, MU, BH, VG, VC and VR Zoning Districts.
(2)
A residential accessory building or structure for a nonconforming use shall be permitted by special exception in the C-1, C-2, C-3, I-1 and I-2 Zoning Districts.
Chart 375-23660.1: Residential Accessory Buildings or Structures | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A | A | A | A | A | A | A | A | A | A | |||||
Special exception | A | A | A | A | A | ||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23660A of this chapter has been provided as a general reference guide. Section 375-23660 and the underlying zoning districts provide regulations for accessory buildings or structures.
C.
Regulatory conflicts. Should a conflict exist between the provisions that are specified under § 375-23660 and other provisions specified by this chapter, the more restrictive setback requirement shall apply.
§ 375-23670 Residential retirement and/or care facility.
A.
Residential retirement and/or care facility, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the BP Zoning District and by special exception within the R-2, R-3 and MU Zoning Districts.
Chart 375-23670: Residential Retirement and/or Care Facility | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | ||||||||||||||
Special exception | P 1 | P 1 | P 1 | ||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot Size, Use and Development Requirements | |||||||||||||
B.
The chart contained under § 375-23670A of this chapter has been provided as a general reference guide. Section 375-23670 and the underlying zoning district provide regulations for residential retirement and/or care facility.
C.
Permitted uses. The following principal and accessory uses shall be permitted:
(1)
The principal use shall be residential retirement and/or care facility.
(2)
Subordinate or accessory uses within a residential retirement and/or care facility shall be limited to: administrative offices; residential living facilities; health care facilities; rehabilitation facilities; pharmacies; cafeterias; snack bars; personal care or service establishments; child care facilities; private recreational uses; meeting rooms; conference rooms; work stations; places of worship; and other similar uses. The cumulative gross floor area or occupied space area for all such accessory uses shall not occupy more than 40% of the cumulative gross floor area or occupied space area of all uses within the residential retirement and/or care facility. The accessory uses shall be considered subordinate uses that directly benefit the residential retirement and/or care facility.
D.
Area and utility requirements. The following provisions shall apply to residential retirement and/or care facility:
(1)
The residential retirement and/or care facility shall be located on a lot with a minimum area of one acre.
(2)
The residential retirement and/or care facility shall be serviced by public or community sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The residential retirement and/or care facility shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
E.
General requirements. The following general requirements shall apply to residential retirement and/or care facility:
(1)
All permitted uses designated as outdoor uses or activities for the residential retirement and/or care facility shall not be located within the front yard and shall be located at least 20 feet from all side and rear lot lines.
(2)
All external storage areas utilized as part of the residential retirement and/or care facility shall not be located within the front yard and shall be located at least 20 feet from all side and rear property lines.
(3)
All landowner and operators of the residential retirement and/or care facility shall furnish all valid registrations, certifications and/or license for the proposed use, as issued by the appropriate local, state and federal agencies to order to operate the facility.
(4)
All principal buildings associated with the residential retirement and/or care facility shall comply with the building code requirements established by East Lampeter Township and the Commonwealth of Pennsylvania.
(5)
The architectural features or building facade of the residential retirement and/or care facility shall be harmoniously planned and designed to consider the residential character of the neighborhood.
(6)
The landowner shall provide East Lampeter Township and all emergency service providers (police, fire and ambulance) with a complete list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders.
(7)
The quantity and quality of the wastewater generated, stored, transported and/or discharged shall be subject to the review of East Lampeter Township and the Pennsylvania Department of Environmental Protection.
(8)
All medical waste, biohazardous materials, equipment, red bag waste, and other similar items, which because of its potential health risks, shall be discarded in a manner specified by local, county, state and federal laws.
(9)
The applicant shall develop, implement and maintain a working plan for the trash disposal, recycling and the clean-up of litter that is a result of the residential retirement and/or care facility.
(10)
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophic event. The emergency management plan should be submitted to East Lampeter Township for review and consideration prior to the issuance of the use and occupancy permit. The emergency management plan shall be posted, and a copy shall be issued to occupants of the facility.
(11)
The requirements for off-street parking will be determined based upon a combination of permitted uses contained within the residential retirement and/or care facility and the compliance chart specified under § 375-22160 of this chapter. As part of the special exception application or land development plan application, East Lampeter Township may consider and permit overflow parking on designated lawn areas in accordance with the following criteria:
(a)
The overflow parking area shall only be utilized in order to accommodate the parking demand during peak events or for the combination of events at the commercial regional impact development.
(b)
The overflow parking area shall be accessible only from the interior driveways or access lanes for the parking facility, which shall be located, designed and fenced to prevent motor vehicles from crossing adjoining properties or directly accessing public roads.
(c)
Soil erosion, sedimentation control, and stormwater runoff shall be managed in accordance with all applicable laws and regulations.
(d)
If East Lampeter Township determines that traffic congestion is occurring along adjoining roads, and that the traffic congestion is directly related to the size or design of the overflow parking area, East Lampeter Township shall require the landowner, manager or applicant to revise and redesign off-street parking facilities in order to resolve the traffic congestion problem and/or provide additional on-site parking spaces to accommodate the parking demand during peak events or for the combination of events at the commercial regional impact development.
(12)
The residential retirement and/or care facility shall include a clearly defined internal pedestrian circulation system that includes sidewalks, crosswalks and pedestrian paths.
(13)
Where a mass transit system provides service along a street adjacent to the residential retirement and/or care facility, a pickup or dropoff shelter shall be located along such street, or within the residential retirement and/or care facility.
§ 375-23680 Restaurant.
A.
Restaurant, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A restaurant and/or cafeteria shall be permitted as an accessory use by right within the C-3, I-1, I-2 and BP Zoning Districts.
(2)
A restaurant with no drive-through service lanes shall be permitted as a principal use within the C-1, C-2, BH, VG and VC Zoning Districts.
[Amended 8-15-2022 by Ord. No. 360]
(3)
A restaurant with or without drive-through service lane(s) shall be permitted as a principal use by right within the C-3, BP and MU Zoning Districts.
[Amended 8-15-2022 by Ord. No. 360]
(4)
A restaurant with a drive-through service lane shall be permitted as a principal use by special exception within the C-1 and C-2 Zoning Districts.
(5)
A restaurant that operates as a bring your own bottle restaurant or BYOB shall be permitted as a principal use by special exception within the C-1, BP, MU, BH, VG and VC Zoning Districts.
Chart 375-23680: Restaurant [Amended 8-15-2022 by Ord. No. 360] | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 2 | P 2 | P 1, 2, 3 | A 1 | A 2 | P, A 1, 2, 3 | P 2, 3 | P 2 | P 2 | P 2 | |||||
Special exception | P 2, 4 | P 3 | P 4 | P 4 | P 4 | P 4 | P 4 | ||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Restaurant and/or cafeteria as an accessory use | 2 = Restaurant with no drive-through service lanes | ||||||||||||||
3 = Restaurant with drive-through service lane(s) | 4 = Restaurant that operates as a BYOB | ||||||||||||||
B.
The chart contained under § 375-23680A of this chapter has been provided as a general reference guide. Section 375-23680 and the underlying zoning districts provide specific regulations for a restaurant use.
C.
Permitted uses. The following principal and accessory uses shall be permitted:
(1)
Restaurant and/or cafeteria as an accessory use:
(a)
The principal use shall be a permitted use within the zoning district on which the principal use and the accessory use are located.
(b)
The restaurant and/or cafeteria shall be considered as an accessory use for the benefit of the employees of the principal use.
(c)
The restaurant and/or cafeteria may contain an accessory area devoted to outdoor eating, provided the cumulative surface area or gross floor area does not exceed 10% of the total number of seats within the building occupying the restaurant use. Additional provisions shall apply.
(2)
Restaurant with no drive-through service.
(a)
Restaurants permitted in combination with other uses shall only be permitted if specified by this chapter.
(b)
The restaurant shall contain no drive-through service lanes.
(c)
The restaurant may contain an accessory area devoted to outdoor eating, provided the cumulative surface area or gross floor area does not exceed 10% of the total number of seats within the building occupying the restaurant use.
(d)
The restaurant may contain an accessory area devoted to a bar room, taproom, lounge and/or social area provided the cumulative gross floor area does not exceed 25% of the cumulative gross floor area of the building occupying the restaurant use. All such areas shall only be permitted within the building occupying the restaurant use.
(3)
Restaurant with drive-through service:
(a)
Restaurants permitted in combination with other uses shall only be permitted if specified by this chapter.
(b)
All permitted drive-through service lanes serving a restaurant shall be located along the side or rear of the building occupied by the restaurant.
(c)
The restaurant may contain an accessory area devoted to outdoor eating, provided the cumulative surface area or gross floor area does not exceed 10% of the total number of seats within the building occupying the restaurant use.
(d)
The restaurant may contain an accessory area devoted to a bar room, taproom, lounge and/or social area ,provided the cumulative gross floor area does not exceed 25% of the cumulative gross floor area of the building occupying the restaurant use. All such areas shall only be permitted within the building occupying the restaurant use.
(e)
A restaurant located within the MU Zoning District shall only be permitted to have drive-through service lanes if such drive-through service lanes are in existence as of the effective date of this chapter, it being the intent of the Board of Supervisors that no new drive-through service lanes be constructed in the MU Zoning District. Existing drive-through service lanes may be repurposed for any use permitting drive-through service lanes in the MU Zoning District under and subject to Article XXIII.
[Added 8-15-2022 by Ord. No. 360]
(4)
Restaurant as a BYOB:
(a)
Restaurants permitted in combination with other uses shall only be permitted if specified by this chapter.
(b)
The restaurant shall contain no drive-through service lanes.
(c)
The restaurant may contain bring your own bottle (BYOB) provisions, provided that the possession and consumption activities are in accordance with all pertinent local, state and federal laws. In addition, the following provisions shall specifically apply to restaurant with BYOB provisions:
[1]
A zoning permit shall be required in order to operate a restaurant with BYOB provisions. All permit applications shall comply with the provisions specified under § 375-23680 of this chapter.
[2]
All rules and regulations of the Pennsylvania Liquor Control Board shall be complied with by the proprietor, owner and employees of the restaurant with BYOB provisions. The proprietor, owner and employees shall be held liable for any violations of the Pennsylvania Liquor Code and/or other agencies with jurisdiction.
(d)
A restaurant with BYOB provisions shall not have a bar room or have a bar service area.
(5)
Outdoor seating and entertainment. Where permitted, the following provisions shall apply:
(a)
The outdoor seating area is situated and designed so as not to be adversely impacted by potential nearby adjoining uses, nor to adversely impact nearby uses;
(b)
The outdoor seating area shall be accessory to the principal interior seating accommodations;
(c)
During use, the outdoor seating area shall be continuously supervised by the owner or an employee of the restaurant;
(d)
Any exterior lighting serving the outdoor seating area shall be designed and operated so as not to constitute a nuisance to adjoining properties. All such exterior lighting shall not be illuminated after 10:00 p.m.;
(e)
Any exterior music serving such outdoor seating area shall not be not be detected at the property line. All such exterior music shall not be transmitted or played after 10:00 p.m.;
(f)
The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating; and
(g)
All exterior seating shall be removed during seasons when not in use.
D.
General requirements. The following general requirements shall apply to a restaurant:
(1)
The restaurant and/or cafeteria as an accessory use shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The restaurant and/or cafeteria as an accessory use shall be serviced by public water supply facilities (where three available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the restricted recreation use shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
(4)
The handling, preparation, storage, cooking, assemblage, distribution, serving and/or discarding of food and beverages shall comply with all pertinent local, state and federal laws or codes for such activities.
(5)
Where permitted, the drive-through service lane shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the back-ups onto adjoining roads or adjacent properties. The preservice or drive-through service lane for the restaurant shall be at least 10 feet in width and 100 feet in length.
(6)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(7)
Provisional parking spaces for pickup and/or delivery may be permitted, provided that such parking spaces are in addition to the required number of parking spaces specified § 375-22160 (off-street parking) of this chapter. No more than five provisional parking spaces for pickup and/or delivery shall be provided for the restaurant.
§ 375-23690 Retail bakery or confectioner.
A.
Retail bakery or confectioner, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A retail bakery or confectioner without a drive-through service lane shall be permitted as a principal use by right within the C-1, C-2, BH, VG and VC Zoning Districts.
[Amended 8-15-2022 by Ord. No. 360]
(2)
A retail bakery or confectioner with a drive-through service lane shall be permitted by special exception within the C-2 Zoning District.
(3)
A retail bakery or confectioner with or without a drive-through service lane shall be permitted by right within the C-3 BP and MU Zoning Districts.
[Amended 8-15-2022 by Ord. No. 360]
Chart 375-23690: Retail Bakery or Confectioner [Amended 8-15-2022 by Ord. No. 360] | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P 1 | P 1 | P 1 | P | P | P | |||||||
Special exception | P 1 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Drive-Through Service Requirements | |||||||||||||
B.
The chart contained under § 375-23690A of this chapter has been provided as a general reference guide. Section 375-23690 and underlying zoning districts provide specific regulations for a retail bakery or confectioner use.
C.
General requirements. The following general requirements shall apply to a retail bakery or confectioner use:
(1)
The retail bakery or confectioner use shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The retail bakery or confectioner shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall consistent any ordinances adopted by East Lampeter Township.
(3)
The use shall comply with all pertinent food handling, preparation and distribution requirements as well as all health code requirements, including those specified by the Pennsylvania Department of Agriculture as well as other state or federal agencies with jurisdiction.
(4)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(5)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
(6)
A retail bakery or confectioner with a drive-through service lane may be permitted within the C-2, C-3 and MU Zoning Districts. If permitted, the following criteria shall apply:
[Amended 8-15-2022 by Ord. No. 360]
(a)
The drive-through service lane shall be located along the side and/or rear of the building.
(b)
Except as provided hereunder, no more than one drive-through service lane shall be permitted.
(c)
A retail bakery or confectioner located within the MU Zoning District shall be permitted to have no more than two drive-through service lanes; provided, however, that any drive-through services lanes permitted under this § 375-23690C(6)(c) must be in existence as of the effective date of this chapter, it being the intent of the Board of Supervisors that no new drive-through service lanes be constructed in the MU Zoning District. Existing drive-through service lanes may be repurposed for any use permitting drive-through service lanes in the MU Zoning District under and subject to Article XXIII.
(d)
The drive-through service lane shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the backups onto adjoining roads or adjacent properties. The preservice or drive-through service lane for the restaurant shall be at least 10 feet in width and 60 feet in length.
(7)
The handling, preparation, storage, cooking, assemblage, distribution, serving and/or discarding of food and beverages shall comply with all pertinent local, state and federal laws or codes for such activities.
§ 375-23700 Retail sales.
A.
Retail sales, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Retail sales of crafts with accessory manufacturing and assembly uses shall be permitted by right within the BH, VG and VC Zoning Districts.
(2)
Retail sales of goods produced on-site shall be permitted by right within the I-1, I-2 and BP Zoning Districts.
(3)
Retail sales of accessory items within the MU Zoning District shall be permitted by right within the MU Zoning District.
(4)
Retail sales with no drive-through service lanes shall be permitted by right within the C-1, C-2, C-3, BP, BH, MU, VG and VC Zoning Districts.
(5)
Retail sales with a drive-through service lane shall be permitted by right within the C-3 and BP Zoning Districts.
(6)
Retail sales with a drive-through service lane shall be permitted by special exception within the C-1 and C-2 Zoning District.
Chart 375-23700: Retail Sales | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 3 | P 3 | P 3,4 | A 2 | A 2 | A 2,3,4 | P, A 3 | P, A 1,3 | P,A 1,3 | P, A 1, 3 | |||||
Special exception | P 4 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Retail sales of crafts with accessory manufacturing | 2 = Retail sales of goods produced on-site | ||||||||||||||
3 = Retail sales with no drive-through service lane | 4 = Retail sales with a drive-through service lane | ||||||||||||||
B.
The chart contained under § 375-23700A of this chapter has been provided as a general reference guide. Section 375-23700 and underlying zoning districts provide specific regulations for the retail sales use.
C.
Permitted uses and land use restrictions.
(1)
Retail sales and crafts with accessory manufacturing. The retail sales use shall exclusively pertain to crafts, which may include accessory manufacturing and assembly uses that relate to the crafts, provided that such accessory uses do not occupy more than 40% of the gross floor area of the building occupying the principal use or 2,400 square feet of gross floor area of the building occupying the principal retail use, whichever is less.
(2)
Retail sales of goods produced on-site. The accessory retail sales use shall exclusively pertain to goods that are produced on-site, which shall be located within a building occupied by the principal use in which the retail sales area does not exceed 5,000 square feet of gross floor area or 15% of the total gross floor area of the building, whichever is less.
(3)
Unless specifically permitted, the retail sales use shall contain no drive-through service lanes.
(4)
A drive-through service lane may be permitted by right within the C-3 and BP Zoning Districts and by special exception as part of a retail use within the C-2 Zoning District, subject to the following provisions:
(a)
The drive-through service lane shall be located along the side and/or rear of the building occupied by the permitted retail use.
(b)
The retail sales use shall contain no more than one drive-through service lane. All permitted drive-through service lanes serving a retail sales use shall be located along the side or rear of the building occupying the retail sales use.
(c)
The proposed preservice or drive-through service lane shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the backups onto adjoining roads or adjacent properties. The preservice or drive-through service lane for the retail use shall be at least 10 feet in width and 100 feet in length.
D.
General requirements. The following general requirements shall apply to the retail sales uses:
(1)
The retail sales use shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The retail sales use shall be serviced by public water supply facilities (where available) or on-lot water supply facilities which shall be consistent with any plans adopted by East Lampeter Township.
(3)
All other utility provisions serving the retail use shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
(4)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(5)
The retail use shall comply with all pertinent food handling, preparation and distribution requirements as well as all health code requirements, including those specified by the Commonwealth of Pennsylvania.
§ 375-23710 Roadside stand for sale of agricultural and horticultural products.
A.
Roadside stand for the sale of agricultural and horticultural products, as further defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Roadside stands shall be permitted by right within the AG Zoning District.
(2)
Roadside stands shall be permitted by special exception within the R-1, R-2, R-3 and BP Zoning Districts.
Chart 375-23710: Roadside Stand for Sale of Agricultural and Horticultural Products | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A | ||||||||||||||
Special exception | A | A | A | A | |||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23710A of this chapter has been provided as a general reference guide. Section 375-23710 and the underlying zoning districts provide specific regulations for a roadside stand.
C.
Terminology. For the purpose of this chapter, the term "roadside stand for the sale of agricultural and horticultural products" shall be synonymous with "roadside stand."
D.
Permitted uses. The roadside stand may be permitted as an accessory use to an agricultural and/or horticultural use, provided that the produce or products have been produced by the farmer or the farmer's family on their farm.
E.
General requirements. The following general requirements shall apply to a roadside stand:
(1)
At least 50% of the agricultural and/or horticultural products sold at the roadside stand shall have been produced on the property.
(2)
The total display or sales area of the agricultural and/or horticultural products sold at the roadside stand shall be limited to 500 square feet.
(3)
The roadside stand shall be shall comply with the front yard setback requirement of the zoning district on which it is located. In no case shall the roadside stand be placed within the limits of the street right-of-way.
(4)
Off-street parking areas shall be designed, located and constructed in a manner considering the customer vehicles entering and exiting the property. All off-street parking and loading areas shall be maintained as mud-free conditions located outside of the street right-of-way and shall not create a traffic hazard.
§ 375-23720 Salvage yard.
A.
Salvage yard, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by special exception within the I-2 Zoning District.
Chart 375-23720: Salvage Yard | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | P 1 | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Design Standards and Development Requirements | |||||||||||||
B.
The chart contained under § 375-23720A of this chapter has been provided as a general reference guide. The provisions that are contained under § 375-23720 and the underlying zoning district provide specific regulations for salvage yard.
C.
Area and utility requirements. The following general provisions shall apply to a salvage yard:
(1)
A salvage yard shall be located on a conforming containing a minimum lot area of five acres and a maximum lot area of 10 acres.
(2)
Salvage yard shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
Salvage yard shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the salvage yard shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
D.
Lot width, setback, coverage and height requirements. The salvage yard use shall comply with the following lot width, setback, coverage and height requirements.
(1)
The minimum lot width for the salvage yard shall be 300 feet.
(2)
The principal buildings located on the lot occupied by the salvage yard use shall be located at least 100 feet from all street rights-of-way lines.
(3)
The accessory buildings and structures located on the lot occupied by the salvage yard use shall be located at least 100 feet from all street rights-of-way lines and property lines.
(4)
The salvage yard shall be completely contained by a perimeter fence with a minimum of six feet in height, which shall be designed, located and installed in order to block the view of the salvage yard from adjacent properties. The perimeter fence shall be located a minimum of 50 feet from all street right-of-way lines and property lines.
(5)
The permanent or temporary storage of all vehicles, equipment and other materials that are part of the salvage yard use shall be located and contained within the limits of the perimeter fence.
E.
General requirements. The following general requirements shall apply to a salvage yard use:
(1)
The salvage yard shall comply with all state and federal guidelines for solid waste management.
(2)
All materials and equipment contained within the salvage yard shall be stored and arranged to permit access by emergency service responders, including their vehicles and equipment.
(3)
All materials and equipment contained within the salvage yard shall be stored and arranged so it does not exceed a height of eight feet.
(4)
All activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. The landowner shall design, construct and implement appropriate safeguards.
(5)
The landowner shall provide East Lampeter Township and all local emergency service responders (police, fire and ambulance) with a complete list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders.
(6)
The stormwater generated, stored, transported and/or discharged shall be subject to the review and approval of East Lampeter Township and the Pennsylvania Department of Environmental Protection.
(7)
The salvage yard area within the limits of the perimeter fence shall be graded to have a maximum slope of 5%.
(8)
A landscaping plan shall be prepared to consider the following requirements:
(a)
The external portion of the perimeter fence shall be adequately screened with a fifteen-foot wide landscaped strip or buffer yard, which shall comply with the provisions of this chapter and Chapter 368, Subdivision and Land Development.
(b)
The setback area between the perimeter fence and the property lines shall be properly maintained as a yard area, which shall be kept free of weeds and scrub growth.
(c)
Uses involving outdoor activities and/or display shall provide sufficient screening and/or landscaping measures to mitigate visual and/or audible impacts on adjoining properties.
(d)
The landscaping strip or buffer yard shall be comprised of trees, shrubs and other plantings that will establish a complete visual barrier within five years of the initial planting.
(9)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties, or be noticeable at or beyond the property line.
(10)
The salvage yard use and related activities shall not create a breeding ground or harboring area for rodents, flies and other vectors that would impact adjacent properties or be considered a detriment to the health, safety and general welfare of adjacent landowners.
(11)
All hazardous waste, toxic waste, infectious waste, and other similar items, which because of its potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(12)
All lubricants, fuel and/or petroleum products shall be contained within a permitted building, structure and/or containment facility that complies with local, state and federal laws.
(13)
All lubricants, fuel and/or petroleum products shall be drained from scrapped or discarded vehicles shall be drained and removed from the premises within 24 hours from the time that such vehicle was delivered to the salvage yard.
(14)
Burning and/or melting of any material shall be prohibited.
§ 375-23730 Satellite communications.
A.
Satellite communications utilized for receiving or transmitting signals, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A satellite receiving and/or transmitting dish antenna with a maximum diameter of three feet, which is either mounted to the side or rear building facade or the side or rear roof line shall be permitted as an accessory use by right within the R-1, R-2, R-3, C-1, C-2, MU, BH, VG, VC and VR Zoning Districts.
(2)
A satellite receiving and/or transmitting dish antenna with a maximum diameter of three feet, which is either mounted to the front building facade, the front roof line or ground mounted (side or rear yard) shall be permitted by special exception within the R-1, R-2, R-3, C-1, C-2, MU, BH, VG, VC and VR Zoning Districts.
(3)
A satellite receiving and/or transmitting dish antenna with a maximum diameter of six feet, which is either mounted to the side or rear building facade or the side or rear roof line shall be permitted as an accessory use by right within the AG, C-3, I-1, I-2 and BP Zoning Districts.
(4)
A satellite receiving and/or transmitting dish antenna with a maximum diameter of six feet, which is either mounted to the front building facade, the front roof line or ground mounted (side or rear yard) shall be permitted by special exception within the AG, C-3, I-1, I-2 and BP Zoning Districts.
Chart 375-23730: Satellite Communications (Receiving and Transmitting) | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 3 | A 1 | A 1 | A 1 | A 1 | A 1 | A 3 | A 3 | A 3 | A 3 | A 1 | A 1 | A 1 | A 1 | A 1 |
Special exception | A 4 | A 2 | A 2 | A 2 | A 2 | A 2 | A 4 | A 4 | A 4 | A 4 | A 2 | A 2 | A 2 | A 2 | A 2 |
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = Maximum 3 foot diameter; side or rear building facade mounted | 2 = Maximum 3 foot diameter; front facade or ground mounted | ||||||||||||||
3 = Maximum 6 foot diameter; side or rear building facade mounted | 4 = Maximum 6 foot diameter; front facade or ground mounted | ||||||||||||||
B.
The chart contained under § 375-23730A of this chapter has been provided as a general reference guide. The provisions contained under § 375-23730 and the provisions of the underlying zoning district shall apply to a satellite receiving and/or transmitting dish antenna.
C.
General requirements. The following general requirements shall apply to a satellite dish antenna utilized for receiving or transmitting communications as part of the permitted principal use.
(1)
The satellite communications utilized for receiving and/or transmitting signals shall comply with all pertinent state and federal laws.
(2)
No more than two satellite dish shall be permitted be permitted per principal use.
(3)
All installations shall comply with all use, yard, height and setback requirements specified by the zoning district on which the satellite dish antenna is located.
(4)
Building-mounted or roof-mounted satellite dish antenna shall only be permitted by right if they are mounted at least five feet behind front face of building, subject to the following criteria:
(a)
The mount and satellite dish antenna cannot project more than five feet from building face and the mount and antenna must be at least eight feet above grade.
(b)
The satellite dish antenna cannot project above the roof peak on which it is mounted upon.
(c)
The allowance of a satellite dish antenna(s) shall in no way place liability upon East Lampeter Township for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties, and not East Lampeter Township.
(5)
Alternate building or roof mounting may be permitted if the applicant can demonstrate that compliance with the applicable yard, setback, and height restrictions would result in the obstruction of the antenna's reception window, and such obstruction involves factors beyond the applicant's control.
(6)
Where permitted, all installations shall be securely anchored to the ground to prevent detachment during foul weather conditions. The applicant shall furnish evidence (statements and/or drawings) indicating the foundation method to be employed.
(7)
All satellite dish antennas, mounts and wiring shall be removed when it is no longer in service.
§ 375-23740 School.
A.
School, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
School as a commercial use shall be permitted as a principal use by right within the C-1, C-2, I-1, I-2, BP, MU, BH VG and VC Zoning Districts. For the purposes of this chapter, the term "school as a commercial use" may also be referenced as "commercial school."
(2)
School as a public or private use shall be permitted as a principal use by right within the C-1, I-1, I-2, BP and MU Zoning Districts. For the purposes of this chapter, the term "school as a public or private use" may also be referenced as "public or private school."
(3)
School as a public or private use with a maximum 12th grade attainment level shall be permitted as a principal use by right within the R-2, R-3, BH, VG and VC Zoning Districts and by special exception within the AG and R-1 Zoning Districts. For the purposes of this chapter, the term "school as a public or private use with a 12th grade attainment level" may also be referenced as "public or private school with a maximum 12th grade attainment level."
(4)
School as a vocational, mechanical or trade use shall be permitted as a principal use by right within the I-2 and BP Zoning Districts. For the purposes of this chapter, the term "school as a vocational, mechanical or trade use" may also be referenced as "vocational, mechanical or trade school."
Chart 375-23740: School | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 3 | P 3 | P 1, 2 | P 1 | P 1,2 | P 1,2,4 | P 1,2, 4 | P 1, 2 | P 1, 3 | P 1,3 | P 1,3 | ||||
Special exception | P 3 | P 3 | |||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
1 = commercial school no minimum age or grade attainment level | 2 = public or private school with no maximum grade attainment level | ||||||||||||||
3 = public or private school with maximum 12th grade attainment level | 4 = vocational, mechanical or trade school | ||||||||||||||
B.
The chart contained under § 375-23740A of this chapter has been provided as a general reference guide. Section 375-23740 and the underlying zoning districts provide specific regulations for a school.
C.
Permitted uses. The following principal and accessory uses shall be permitted as part of a school.
(1)
The principal use shall include the school and activities that are contained within a building or defined outdoor area.
(2)
Accessory or subordinate uses for the school use shall be limited to: cafeterias; concession stands; administrative offices; libraries; recreational uses; child care facilities; religious uses; locker rooms; storage areas; and other similar uses. The cumulative gross floor area for all such accessory uses shall not occupy more than 40% of the cumulative gross floor area of all combined uses within the building occupied by the school. The accessory uses shall only be made available to the occupants of the school use.
(3)
Accessory recreation facilities may be located on the same lot as the school.
(4)
The following provisions shall apply to students or persons attending the school:
(a)
All permitted uses shall be primarily utilized by the students enrolled at the school. The age and grade attainment levels shall be specified by the underlying zoning district.
(b)
If permitted, the school facilities may be open to other residents and landowners within the school district limits or active members of the organization operating a private school.
(c)
Visitors may attend sanctioned or authorized events at the school.
D.
Setback, coverage and height requirements. The following specific setback, coverage and height requirements shall apply to a school:
(1)
The minimum lot width for the school use shall be 200 feet.
(2)
The principal and accessory buildings located on the lot occupied by a school shall be located at least 50 feet from all street right-of-way lines and all other property lines.
(3)
No more than 50% of the lot shall be covered by buildings.
(4)
No more than 70% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving,
(5)
The maximum height of any building or structure shall not exceed 50 feet, as measured from the average ground elevation to the highest point of the building or structure. The maximum height of a school may increase by one foot for every two feet of additional setback that is provided, if the underlying zoning district permits such for height.
(6)
The school use shall maintain the following setback requirements from other uses:
(a)
No part of a school property shall be located within 1,000 feet of an adult use.
(b)
No part of a school property shall be located within 300 feet of an automobile service station.
(c)
No part of a school property shall be located within 300 feet of any use that handles and/or distributes petroleum products in bulk quantities.
(d)
No part of a school property shall be located within 300 feet of a concentrated animal feeding operation (CAFO) or concentrated animal operation (CAO).
(e)
No part of a school property shall be located within 1,000 feet of an off-track betting facility or gaming facility.
E.
Traffic control. The following provisions shall apply to vehicular accessibility, parking, loading and other traffic control requirements for a school:
(1)
For public and private schools up to 12th grade. The pickup area and dropoff area shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the backups onto adjoining roads or adjacent properties.
(2)
For public and private schools up to 12th grade. The requirements for off-street parking will be determined based upon the highest number of parking spaces or demand for any specified use or activity that requires parking spaces on the property occupied by the school and the compliance chart specified under § 375-22160 of this chapter. As part of the land development plan application, East Lampeter Township may permit overflow parking on designated lawn areas in accordance with the following criteria:
(a)
The overflow parking area shall only be utilized in order to accommodate the parking demand during peak events or for the combination of events at the school.
(b)
The overflow parking area shall be accessible only from the interior driveways or access lanes for the parking facility, which shall be located, designed and fenced to prevent motor vehicles from crossing adjoining properties or directly accessing public roads.
(c)
Soil erosion, sedimentation control, and stormwater runoff shall be managed in accordance with all applicable laws and regulations.
(d)
If East Lampeter Township determines that traffic congestion is occurring along adjoining roads, and that the traffic congestion is directly related to the size or design of the overflow parking area, East Lampeter Township shall require the landowner, manager or applicant to revise and redesign off-street parking facilities in order to resolve the traffic congestion problem and/or provide additional on-site parking spaces to accommodate the parking demand during peak events or for the combination of events at the school as a commercial use.
(3)
For all school uses, unless otherwise permitted by East Lampeter Township, the school shall include a clearly defined internal pedestrian circulation system, which shall be designed considering the following criteria:
(a)
Sidewalks and/or pedestrian pathways shall be provided along public and private streets.
(b)
All permitted uses within property occupied by the school use shall be linked with sidewalks and/or pathways to facilitate safe and convenient pedestrian movement.
(c)
Sidewalks shall be provided from the school to: nearby regional mass transit facilities; any adjacent developments from which students would reasonably be expected to walk; any adjacent undeveloped lands zoned for development from which students would reasonably be expected to walk in the future; adjacent community facilities; and to other areas determined appropriate by East Lampeter Township.
(d)
Crosswalks shall be provided to facilitate student circulation for the school.
(e)
The pedestrian or student circulation system shall comply with the requirements specified by East Lampeter Township. Alternative designs may be considered by East Lampeter Township if the applicant can demonstrate that the alternative design will not be detrimental to external or internal student or pedestrian circulation.
(4)
For all school uses, where a mass transit system provides service along a street adjacent to the school, or where such mass transit system is proposed as part of an adopted municipal or regional transportation plan to serve the area of the school use, a designated pickup or dropoff shelter shall be located along such street, or within such commercial school use, or at some alternate location, as may be identified by the mass transit company or East Lampeter Township.
F.
General requirements. The following general requirements shall apply to a school:
(1)
The school shall be serviced by public sanitary sewer facilities (where available), which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The school use shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the school shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
The landowner and/or applicant shall furnish valid permits, licenses and/or certifications to operate the school use and facilities located on the property.
(5)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
§ 375-23750 Self-storage facility.
A.
Self-storage facility, as defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the C-1, C-3, I-1, I-2, BP and MU Zoning Districts.
[Amended 8-15-2022 by Ord. No. 360; 10-2-2023 by Ord. No. 368]
Chart 375-23750: Self-Storage Facility [Amended 8-15-2022 by Ord. No. 360] | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P 1 | P | P | P | P 1 | |||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Requirements | |||||||||||||
B.
The chart contained under § 375-23750A of this chapter has been provided as a general reference guide. Section 375-23750 and the underlying zoning district provide specific regulations for self-storage facility.
C.
Permitted uses. The following provisions shall specifically apply to the permitted and prohibited uses contained within a self-storage facility:
(1)
The principal use shall be the self-storage units contained on the lot.
(2)
One office area or building may be included within the development site. The office use shall be an accessory use to the self-storage or portable storage facilities.
(3)
Self-storage facilities shall be used solely for the storage of personal property. The following uses and activities shall be prohibited:
(a)
On-site auctions, except storage lien auctions;
(b)
Wholesale uses, retail sales uses and garage sales;
(c)
Residential occupancy;
(d)
The storage of flammable, high combustible, explosive or hazardous chemicals shall be prohibited;
(e)
The servicing, repair, or fabrication of motor vehicles, motor cycles, boats, trailers, lawn mowers, appliances, or similar equipment;
(f)
The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment; and
(g)
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations; retail sales and services; residential uses; and other similar noncompatible uses.
(4)
A building utilized to store portable storage units or individual compartmental storage units shall be classified as a warehouse facility, which shall be subject to the provisions specified under § 375-23870 of this chapter.
(5)
A climate-controlled building utilized for personal storage shall be subject to the provisions specified under § 375-23870 of this chapter.
(6)
Outdoor storage within a fenced and appropriately screened area is permitted for the storage of boats, recreational vehicles, trailers, and other outdoor vehicle long term storage.
D.
Lot width, setback, coverage and height requirements. The self-storage facility use shall comply with the following lot width, setback, coverage and height requirements.
(1)
The minimum lot width for the self-storage facility shall be 200 feet.
(2)
The principal buildings and self-storage facilities located on the lot occupied by the self-storage facility use shall be located at least 50 feet from all street rights-of-way lines.
(3)
The outdoor storage and/or parking of recreational vehicles, boats, campers, trailers or similar vehicles, shall only be permitted behind the self-storage buildings and shall be located at least 50 feet from any property line.
(4)
No more than 50% of the lot shall be covered by buildings.
(5)
No more than 70% of a lot shall be covered by any combination of buildings, structures and impervious surfaces, including permeable paving,
(6)
The maximum height of any building or structure shall not exceed 50 feet, as measured from the average ground elevation to the highest point of the building or structure.
E.
General requirements. The following general requirements shall apply to a self-storage facility use with no defined limitations on gross floor area:
(1)
The self-storage facility shall be serviced by public sanitary sewer facilities (where available) or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The self-storage facility shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans adopted by East Lampeter Township.
(3)
All other utility provisions serving the self-storage facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
(4)
Each self-storage building shall be a fully enclosed building that shall be built of durable materials on a permanent foundation.
(5)
Truck trailers, box cars or similar structures shall not be used as storage units.
(6)
If required by East Lampeter Township, the perimeter around the self-storage units shall be enclosed and contained by an eight-foot security fence, with a twenty-four-hour automated access gate.
(7)
The entrance and all vehicular access aisles shall be a minimum of 24 feet in width and shall be unobstructed by vehicles and/or equipment. The entrance or main entrance shall be paved and landscaped from the cartway of the public road to a point 50 feet within the automated access gate
F.
Conversion self-storage facilities in the MU District: Self-storage facilities shall only be permitted in the MU District as a conversion of a building in existence at the time of enactment of this chapter and shall comply with the following requirements.
[Amended 8-15-2022 by Ord. No. 360]
(1)
The self-storage facility shall occupy a maximum gross floor area of not more than 10,000 square feet.
(2)
The self-storage facility shall be located only on the first floor of a fully enclosed building built of durable materials on a permanent foundation.
(3)
The self-storage facility will occupy no more than 75% of the gross floor area of the first floor of the applicable building.
(4)
No self-storage facility shall provide outdoor access to individual units. All units located within the self-storage facility shall be accessible only by way of a common entrance or entrances to the building.
(5)
The outdoor storage of any items, including, without limitation, recreational vehicles, boats, campers, trailers or similar vehicles, is prohibited.
(6)
The storage of living organisms, perishable items, illegal substances, or hazardous, toxic, flammable or explosive materials within the self-storage facility is strictly prohibited.
(7)
All utility provisions serving the self-storage facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(8)
Conversion self-storage facilities in accordance with this § 375-23750F shall not be subject to the provisions of §§ 375-23750D, 375-23750E, or 375-23590 of this chapter.
G.
Conversion self-storage facilities in the C-3 District: Self-storage facilities shall only be permitted in the C-3 District as a conversion of a building or part of a building located in a shopping center with a minimum gross leasable area (GLA) of at least 300,000 square feet with direct access from Route 462 at the time of enactment of this subsection and shall comply with the following requirements:
[Added 10-2-2023 by Ord. No. 368]
(1)
The self-storage facility shall occupy a maximum gross floor area of not more than 100,000 square feet with a footprint no greater than 60,000 square feet.
(2)
The self-storage facility will not be located in more than two noncontiguous locations within the shopping center.
(3)
No self-storage facility shall provide outdoor access to individual units. All units located within the self-storage facility shall be accessible only by way of a common entrance or entrances to the building.
(4)
The main access to the self-storage facility will be located in the rear of the shopping center and not be a prominent store front facing any roadway.
(5)
The outdoor storage of any items, including, without limitation, recreational vehicles, boats, campers, trailers or similar vehicles, is prohibited.
(6)
The storage of living organisms, perishable items, illegal substances, or hazardous, toxic, flammable or explosive materials within the self-storage facility is strictly prohibited.
(7)
All utility provisions serving the self-storage facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
(8)
All points of ingress and egress to the self-storage facility shall be adequately lighted to provide safe and clear access. A lighting engineer shall provide a photometric plan to assure light does not trespass property lines and all areas of the self-storage parking/loading area and facility are adequately lighted.
(9)
A secured, external "foyer" area shall be provided that allows users exiting the safety of the facility external view of the facility and parking/loading area. The external foyer shall have secured access and be constructed of glass or fencing to provide enhanced visibility.
(10)
The self-storage facility and parking/loading areas shall be video monitored 24 hours a day, seven days a week.
(11)
There shall be no businesses or business operations conducted from rental storage units.
(12)
Parking spaces shall be provided in accordance with Article XX, § 375-22160.
(13)
Loading spaces shall be provided for in compliance with Article XX, § 375-22150.
(14)
Conversion self-storage facilities in accordance with this § 375-23750G shall not be subject to the provisions of § 375-23750D or E or § 375-23590 of this chapter.
§ 375-23760 Shooting range.
A.
Shooting range, as further defined under § 375-2020 of this chapter, shall be permitted as a principal use by special exception within the AG Zoning District.
Chart 375-23760: Shooting Range | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | P | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23760A of this chapter has been provided as a general reference guide. Section 375-23760 and the underlying zoning districts provide specific regulations for shooting range.
C.
Permitted uses. The following principal and accessory uses shall be permitted as part of a shooting range:
(1)
The principal use shall include uses and activities relating to the shooting range that are contained within a building or defined outside area, which is exclusively available to its customers or members during specified periods of time. All principal uses that are contained within the shooting range shall be subject to the review and approval of East Lampeter Township.
(2)
Accessory or subordinate uses for the shooting range shall be subject to the review and approval of East Lampeter Township. If accessory uses are permitted, they should only be made available to the landowners, customers and members specified periods of time.
(3)
The following provisions shall apply to the uses and activities associated with the shooting range:
(a)
The shooting range shall not substantially damage, harm and/or detract from the lawful existing use or permitted uses of neighboring properties.
(b)
The shooting range shall not adversely affect the health, safety and/or welfare of residents or property owners within the general neighborhood.
(c)
The operation must be conducted in compliance with all applicable laws, rules, and regulations regarding the discharge of a firearm.
(d)
Live ammunition shall be stored in an approved safe or secured area within the building. The amount of ammunition that may be stored on the property is limited to the amount that is used within a twenty-four-hour period.
(e)
The number of shooters using the facility at any one time shall be limited to the number of firing points or stations identified on the land development plan.
(f)
The operator of the shooting range shall require all shooters to satisfactorily complete an orientation safety program given and approved by the National Rifle Association or shall require them to show a valid hunting permit or gun permit before being permitted to discharge a firearm at the facility.
(g)
Firing hours shall be limited to the hours between one hour after official sunrise and one hour preceding official sunset.
(4)
Recreation uses shall be permitted in accordance with the provisions specified by this chapter.
D.
Area and utility requirements. The following lot area and utility provisions shall apply to a shooting range:
(1)
A shooting range shall be located on a lot containing a minimum of five acres.
(2)
The shooting range shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The shooting range shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the shooting range shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
Setback, coverage and height requirements. The following setback, coverage and height requirements shall apply:
(1)
All buildings that are required to contain the principal and accessory uses shall be located at least 100 feet from any street right-of-way line and property line.
(2)
All portions of the shooting range or recreation area, which are located and conducted outside of the principal building shall be located at least 100 feet from any street right-of-way line and property line.
(3)
All other accessory uses associated with the shooting range shall be located at least 50 feet from any street right-of-way line and property line.
(4)
No part of a shooting range property shall be located within 1,500 feet of any land within the R-1, R-2, R-3, MU, BH, VG, VC and VR Zoning District.
F.
General requirements. The following requirements shall apply to safety and security measures for the shooting range:
(1)
The land development plan shall identify the safety fan for each firing range.
(2)
The safety fan shall include an area sufficient to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, and any other proposed safety barriers to contain projectiles to the safety fan.
(3)
The firing range, including the entire safety fan, shall be enclosed by an eight-foot high, nonclimbable perimeter fence to prevent unauthorized entry into the area.
(4)
Range caution signs with eight-inch high, red letters on a white background shall be posted around the perimeter of the firing range at intervals of not more than 100 feet. Such signs shall read "SHOOTING RANGE AREA. KEEP OUT."
(5)
Range flags shall be displayed during all shooting activities. The range flags shall be located in a manner visible from entrance drives, target areas, the range floor, and the perimeter of the safety fan.
(6)
All surfaces located within the safety fan, including the backdrop, overhead baffles, berms, and range floor shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.
(7)
Consumption of alcoholic beverages shall be limited to days when there are no shooting activities or when the shooting activities are completed for that day. The operator of the facility shall limit the locations where alcoholic beverages may be consumed to designated areas located away from the firing points or stations.
§ 375-23770 Shopping center.
A.
Shopping center, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A shopping center that does not qualify as a regional impact development, as specified by § 375-23640 of this chapter, shall be permitted by right within the C-1, C-2, C-3, BP and MU Zoning Districts.
(2)
A shopping center that does qualify as a regional impact development, as specified by § 375-23640 of this chapter, shall be permitted by conditional use within the C-1, C-2, C-3, BP and MU Zoning Districts.
Chart 375-23770: Shopping Center | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P 1 | P 1 | P 1 | P 1 | ||||||||||
Special exception | |||||||||||||||
Conditional use | P 2 | P 2 | P 2 | P 2 | P 2 | ||||||||||
P = Principal Use | A = Accessory Use | 1 = shopping center that does no qualify as a regional impact development | |||||||||||||
2 = shopping center that does qualify as a regional impact development | |||||||||||||||
B.
The chart contained under § 375-23770A of this chapter has been provided as a general reference guide. Section 375-23770 and underlying zoning districts provide specific regulations for a shopping center use.
C.
Permitted uses. A shopping center shall comply with the following provisions relating to permitted principal, accessory and subordinate uses:
(1)
The shopping center may contain the following principal uses: home improvement or building supply stores; financial institutions; grocery stores; medical, dental, vision care and counseling clinics; offices; personal service facilities; recreation uses; educational uses; nursery; retail uses; restaurants; theaters; municipal uses; and/or other similar uses.
(2)
The shopping center may contain building envelopes and pad sites for the proposed uses. The applicant shall identify the proposed or potential uses within the shopping center on the land development plan. All such uses shall be subject to the review and approval of East Lampeter Township.
(3)
Any subsequent substitution of uses within the shopping center shall be permitted by right as long as the proposed use is permitted by right within the underlying zoning district on which the shopping center is located and provided that the proposed use was identified as a potential use within the shopping center on the approved land development plan.
(4)
Future uses to be substituted that require separate special exception or conditional use approval shall follow such review and approval processes, as specified by this chapter.
(5)
Signs shall be permitted as an accessory use by right for a shopping center containing less than 15 acres. All such signs shall be reviewed and considered as part of the conditional use application and land development plan.
(6)
A shopping center containing more than 100,000 square feet of gross floor area shall comply with the regional impact development provisions specified under § 375-23640 of this chapter.
D.
Utility requirements. The following utility provisions shall apply to a shopping center:
(1)
The shopping center shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The shopping center shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(3)
All other utility provisions serving the shopping center shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
Traffic control. The following provisions shall apply to vehicular accessibility, parking, loading and other traffic control requirements for a shopping center:
(1)
The primary points of ingress and egress for the shopping center shall be located along a collector or arterial street.
(2)
Drive-through service lanes for any use contained within the shopping center shall connect only to internal access drives and parking lots.
(3)
In addition to vehicular access to the property, the landowner shall be required to design and construct pedestrian and horse-and-buggy linkages, which shall be located to provide safe and convenient access within the shopping center. In addition, the landowner shall provide one shaded, tie-up space for a horse and buggy for each 50,000 square feet of gross floor area.
(4)
The shopping center shall include a clearly defined internal pedestrian circulation system, which shall be designed considering the following criteria:
(a)
Sidewalks shall be provided along public and private streets.
(b)
All permitted uses within the shopping center shall be linked with sidewalks and/or crosswalks to facilitate safe and convenient pedestrian movement.
(c)
Sidewalks shall be provided from the shopping center to: nearby regional mass transit facilities; any adjacent developments from which customers, patrons or employees would reasonably be expected to walk; adjacent community facilities; and to other areas to improve pedestrian circulation.
(d)
Crosswalks shall be provided to facilitate student circulation for the shopping center.
(e)
The pedestrian circulation system shall comply with the requirements specified by East Lampeter Township. Alternative designs may be considered if the applicant can demonstrate that the alternative design will not be detrimental to external or internal pedestrian circulation.
(5)
Where a mass transit system provides service along a street adjacent to the shopping center, or where such mass transit system is proposed as part of an adopted municipal or regional transportation plan to serve the area of the shopping center, a designated pickup or dropoff shelter shall be located along such street, or within the shopping center, or at some alternate location, as may be identified by the mass transit company or East Lampeter Township.
F.
Special design criteria. Chart 375-23770.1 of this chapter provides the general design requirements for a shopping center within East Lampeter Township.
Chart 375-23770.1: Shopping Center Design Requirements | ||||
|---|---|---|---|---|
Lot Area, Dimensional and General Design Requirements | Shopping Center with Less Than 75,000 Square Feet of Gross Floor Area | Shopping Center Between 75,000 and 150,000 Square Feet of Gross Floor Area | Shopping Center with Over 150,000 Square Feet of Gross Floor Area | |
Minimum lot area | Refer to the requirements of the zoning district | Refer to the requirements of the zoning district | Refer to the requirements of the zoning district | |
Minimum lot width | 250 feet | 400 feet | 500 feet | |
Minimum building setback | ||||
Front yard | 35 feet | 50 feet | 100 feet | |
Side yard | 25 feet | 35 feet | 50 feet | |
Rear yard | 25 feet | 50 feet | 75 feet | |
From a residential zoning district | 50 feet | 75 feet | 100 feet | |
Maximum building coverage | 60% | 50% | 50% | |
Maximum lot coverage | 75% | 70% | 65% | |
Maximum building height | Refer to the requirements of the Zoning District | Refer to the requirements of the Zoning District | Refer to the requirements of the Zoning District | |
Parking and loading | ||||
Loading spaces | 1 space per 25,000 square feet of gross floor area | 1 space per 25,000 square feet of gross floor area | 1 space per 50,000 square feet of gross floor area | |
Parking spaces | 3.5 spaces per 1,000 square feet of gross floor area | 3.5 spaces per 1,000 square feet of gross floor area | 3.5 spaces per 1,000 square feet of gross floor area | |
Interior landscaping | 5% of the parking area that is open to the sky | 10% of the parking area that is open to the sky | 15% of the parking area that is open to the sky | |
Other design requirements | Refer to the requirements of the zoning district and § 375-23770 | Refer to the requirements of the zoning district and § 375-23770 | Refer to the requirements of the zoning district and § 375-23770 | |
Note: Chart 375-23770.1 of this chapter has been provided as a general reference guide. Section 375-237770 and the underlying zoning districts provide specific regulations for a shopping center. |
§ 375-23780 Single-family attached dwelling as second dwelling on farm.
A.
A single-family attached dwelling as a second dwelling on a farm shall be permitted as a principal use by special exception within the AG Zoning District.
Chart 375-23780: Single-Family Attached Dwelling as 2nd Dwelling on Farm | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | P | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23780A of this chapter has been provided as a general reference guide. Section 375-23780 and the provisions of the underlying zoning district shall apply. The use shall not conflict and/or replace the provisions for ECHO housing as an accessory use.
C.
Permitted uses. The single-family attached dwelling as a second dwelling on a farm shall comply with the following use provisions:
(1)
The existing single-family dwelling shall be considered as the principal use, which shall be owned and maintained by the landowner of the farm. The landowner shall be the primary occupant of the existing single-family dwelling.
(2)
No more than one single-family attached dwelling shall be permitted on the farm. The single-family attached dwelling unit shall be occupied by a relative of the landowner.
(3)
The single-family attached dwelling added to the principal single-family dwelling shall not count as an additional use to the lot or farm, as regulated under the provisions of § 375-3020 of this chapter.
D.
Area and utility requirements. The following provisions shall apply to the principal dwelling and the attached dwelling:
(1)
The single-family attached dwelling shall be located on a farm exceeding 25 acres.
(2)
The principal and accessory use shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township. The applicant shall demonstrate that the sanitary sewage facilities have sufficient capacities to accommodate the residential uses.
(3)
The principal and accessory use shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township. The applicant shall demonstrate that the water supply facilities have capacities to accommodate the residential uses.
(4)
Unless otherwise required by East Lampeter Township, the residential uses shall not be required to have separate utility connections for sanitary sewage disposal, water supply, electric, telephone, natural gas and cable services.
E.
General requirements. The following general requirements shall apply to the single-family attached dwelling:
(1)
The single-family attached dwelling shall have a dedicated means of ingress and egress for accessibility on all floor levels.
(2)
A minimum of two off-street parking spaces shall be assigned to the single-family attached dwelling, which shall be in addition to the required two off-street parking spaces for the principal dwelling.
§ 375-23790 Social club and/or fraternal lodge.
A.
Social club and/or fraternal lodge, as further defined under § 375-2020 of this chapter, shall be permitted as a principal use by special exception within the C-2 and MU Zoning Districts.
Chart 375-23790: Social Club and/or Fraternal Lodge | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | P | P | |||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23790A of this chapter has been provided as a general reference guide. Section 375-23790 and the underlying zoning districts provide specific regulations for social club and/or fraternal lodge.
C.
Permitted uses. The following principal and accessory uses shall be permitted within social club and/or fraternal lodge:
(1)
The principal use shall be the social club and/or fraternal lodge.
(2)
Accessory or subordinate uses contained within a building occupied by social club and/or fraternal lodge shall be limited to: administrative offices; conference rooms; work stations; recreation facilities; concession stands; restaurants; social hall; banquet facilities; entertainment uses; and/or other similar uses, as determined appropriate by East Lampeter Township. The cumulative gross floor area for all such accessory uses shall not occupy more than 40% of the cumulative gross floor area of all uses within the building occupied by the social club or fraternal lodge. The accessory uses shall only be made available to the members of the social club and/or fraternal lodge and their guests.
(3)
The following provisions shall apply to the uses associated with the social club and/or fraternal lodge:
(a)
The social club and/or fraternal lodge shall be operated by a nonprofit organization registered within the Commonwealth of Pennsylvania.
(b)
With the exception of any permitted recreation uses, all functions held at the facility shall be conducted within a fully enclosed building.
(c)
Adult uses shall not be permitted as part of the activities associated with the social club and/or fraternal organization.
(d)
The social club and/or fraternal lodge shall not substantially damage, harm and/or detract from the lawful existing use or permitted uses of neighboring properties.
(e)
The social club and/or fraternal lodge shall not adversely affect the health, safety and/or welfare of residents or property owners within the general neighborhood.
(4)
Recreation uses shall only be permitted in accordance with the provisions specified under § 375-23620 of this chapter.
D.
Utility requirements. The following utility provisions shall apply to a social club and/or fraternal lodge:
(1)
The social club and/or fraternal lodge shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(2)
The social club and/or fraternal lodge shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
§ 375-23800 State or county highway maintenance facility.
A.
State or county highway maintenance facility, as further defined under § 375-2020 of this chapter, shall be permitted principal use by right within the C-2 Zoning District.
Chart 375-23800: State or County Highway Maintenance Facility | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | ||||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23800A of this chapter has been provided as a general reference guide. The provisions specified under § 375-23800 of this chapter and the provisions of the underlying zoning district shall also apply to the use.
C.
Area and utility provisions. The following lot area and utility requirements shall apply to a state or county highway maintenance facility:
(1)
The minimum land area required for the state or county highway maintenance facility shall be two acres. The use shall comply with all other setback, lot width, coverage and height requirements of the zoning district on which the use is located.
(2)
The state or county highway maintenance facility shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The state or county highway maintenance facility shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the state or county highway maintenance facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
§ 375-23810 Telecommunication and wireless communication facilities.
A.
The purpose of this section and the standards established herein is to govern the use, construction and location of telecommunication and wireless communications facilities in recognition of the nature of telecommunication and wireless communication systems and the Federal Telecommunications Act. These regulations are intended to:
(1)
Accommodate the need for telecommunication and wireless communications facilities while regulating their location and number so as to insure the provision for necessary services;
(2)
Minimize the adverse visual effects and the number of such facilities through proper design, locating, screening, material, color and finish and by requiring that competing providers of wireless communications services collocate their telecommunication and wireless communications antennas and related facilities;
(3)
Ensure the structural integrity of telecommunication and wireless communications antenna support structures through compliance with applicable industry standards and regulations; and
(4)
Promote the health, safety and welfare of the residents and property owners within East Lampeter Township.
B.
Telecommunication and wireless communication facilities, as further defined under § 375-2020, shall be permitted within East Lampeter Township as follows:
(1)
Telecommunication and wireless communication facilities shall be permitted as a use by right within the AG, C-1, C-2, C-3, I-1, I-2, BP and MU Zoning Districts, provided that the proposed telecommunication or wireless communication facilities are located and installed on an existing building or structure with sufficient height and capacities.
(2)
Telecommunication and wireless communication facilities shall be permitted as a use by special exception within the I-1, I-2 and BP Zoning Districts, provided that the proposed telecommunication or wireless communication facilities are to be located and installed as part of a new building or structure on a conforming lot or lease area.
(3)
Telecommunication and wireless communication facilities shall be permitted as a use by right on land areas owned and maintained by East Lampeter Township, provided that the proposed telecommunication or wireless communication facilities are located and installed on an existing building or structure with sufficient height and capacities.
(4)
Telecommunication and wireless communication facilities shall be permitted as a use by right on land areas owned and maintained by East Lampeter Township, provided that the proposed telecommunication or wireless communication facilities are located and installed on a conforming lot or lease area.
Chart 375-23810: Telecommunication and Wireless Communication Facilities | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | A 1 | |||||||
Special exception | P 1 | P 1 | P 1 | ||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | I = Special Building Size and Height Requirements | |||||||||||||
C.
The chart contained under § 375-23810B of this chapter has been provided as a general reference guide. The provisions contained under § 375-23810 of this chapter and the provisions of the underlying zoning district shall apply to telecommunication or wireless communications facilities.
D.
All applicants seeking to construct, erect, relocate or alter telecommunication or wireless communications facilities shall secure approval from East Lampeter Township, which shall be conditioned upon their demonstrated compliance with the regulations specified under this chapter. As part of this requirement, a site plan shall be prepared and submitted to East Lampeter Township for review and consideration.
E.
The following specifications concerning location and height shall apply to telecommunication or wireless communication facilities:
(1)
Telecommunication or wireless communications facilities must be located on a sites identified or permitted by this section of this chapter. A site plan shall be submitted to demonstrate that the requirements for location, height, design, infrastructure and improvements have been properly addressed considering the telecommunication or wireless communication facility.
(2)
The applicant shall provide documentation and technical evidence to East Lampeter Township to prove that the proposed height of the existing or proposed telecommunication or wireless facilities, including the support structures and antennas, are designed at a specific height in order to provide satisfactory service for the communications.
(3)
As part of the site plan, the applicant shall demonstrate that the facility or structure is necessary to extend or infill its communications system by the use of equipment such as radomes, repeaters, antennas and other similar equipment installed on existing structures, such as utility poles or their appurtenances, and other available tall structures described in this chapter, actually constructed and in existence on the effective date of this chapter, hereinafter referred as an "existing structure."
(4)
The site plan application, whether for a tower or antennas on existing structures, shall be accompanied by a propagation study evidencing the need for the proposed tower or other communications facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, the design gain of applicant's antennas, the subscriber equipment sensitivity expressed in dBm, the design dBm of the transmission and receiving equipment and the results of the drive test and other studies conducted by the applicant in determining the need for the proposed site and installation.
(5)
No telecommunication and wireless communications antenna support structure shall be taller than 120 feet, as measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications services has agreed to colocate telecommunication and wireless communications antennas on the applicant's tower or that the tower will be available for such collocation. It shall be incumbent upon the applicant to prove that a greater tower height is necessary to provide satisfactory service for telecommunication and wireless communications than is required by the applicant. In such cases, the telecommunication and wireless communications antenna support structure shall not exceed a height of 200 feet, unless the applicant secures approval from the Zoning Hearing Board, by demonstrating such proof as would be required for the granting of a variance under the provisions of this chapter. In no event shall mounted telecommunication and wireless communications antennas' height on any tower extend more than 10 feet above the installed height of the tower.
(6)
In those areas where telecommunication and wireless communications antennas and telecommunication and wireless communications antenna support structures are permitted, either a one single-story telecommunication or wireless communications equipment building not exceeding 1,500 square feet in area or up to five metal boxes placed on a concrete pad for housing the receiving and transmitting equipment may be located on the permitted site selected for installation and location of the tower for each company sharing the communications antenna space on the tower.
(7)
With the exception of the telecommunication and wireless communications equipment necessary to facilitate the tower and the telecommunication and wireless communications antennas, all other uses to telecommunication and wireless communication facility shall be considered accessory components and structures, including but not limited to a business office, mobile telephone switching office, maintenance depot and vehicular storage area, shall not be located on any site, unless otherwise permitted by the underlying zoning district regulations on which the site is located.
(8)
The attachment of telecommunication or wireless communication facilities to existing buildings or structures shall be permitted by right, provided the following condition apply:
(a)
The proposed use or structure complies with all other provisions of this chapter, whereas the applicant may locate telecommunication and wireless communication antennas and their support members, but not a telecommunication and wireless communication support structure, onto a smokestack, utility pole, water tower, commercial or industrial building or any similar tall structure, actually constructed and in existence on the effective date of this chapter.
(b)
The height of the telecommunication and wireless communications antennas and apparatus attaching the telecommunication and wireless communications antennas thereto shall not exceed by more than 10 feet the height of such existing structure, unless the applicant proves that a greater antenna height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet.
(c)
The applicant proves that such location is necessary to satisfy the antenna's function within the communications system and will obviate the need for the erection of a telecommunication and wireless communications antenna support structure in another location where the same is permitted.
(d)
The applicant employs concealment or other reasonably appropriate stealth measures, as determined appropriate by East Lampeter Township, to camouflage or conceal the antennas, such as the use of neutral materials that hide antennas, the location of antennas within existing structures, such as steeples, silos, and advertising signs, the replication of steeples and other structures for such purpose, the simulation of elements of rural landscapes, such as trees, and such other measures as are available for use for such purpose.
(e)
Telecommunication and wireless communication antennas may be located entirely within a steeple, but no portion of the antenna shall be visible from the outside.
(f)
If East Lampeter Township determines that the location of antennas on a structure, which was constructed prior to the effective date of this chapter, obviates the need for the construction and erection of a tower in a permitted zoning district in which a tower is a permitted by right, East Lampeter Township may authorize as part of the site plan approval process, the location of up to five metal boxes placed on a concrete pad not exceeding 25 feet by 30 feet in area housing the receiving and transmitting equipment necessary to the operation of the antennas provided that: the pad is located within the side yard or rear yard; that the pad and boxes are set back from the property line by a minimum of 30 feet; the combined height of the pad and boxes does not exceed eight feet; and an evergreen landscape buffer screen is planted and maintained as required by East Lampeter Township.
(9)
The minimum distances between the base of a telecommunication and wireless communication antenna support structure and any adjoining property line or street right-of-way line shall equal 50% of the proposed telecommunication and wireless communication antenna support structure height. Where the site on which a tower is proposed to be located is contiguous to an educational use, child day-care facility or residential use, the minimum distance between the base of a telecommunication and wireless communication antenna support structure and any such adjoining uses shall equal 110% of the proposed telecommunication and wireless communication antenna support structure height, unless it is demonstrated to the reasonable satisfaction of East Lampeter Township that in the event of tower failure, the tower is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
(10)
Unless otherwise specified within this chapter, a proposed telecommunication or wireless communications facility must be located or separated by a horizontal distance of 3,000 feet from any another telecommunication or wireless communication facility.
F.
The following standards and specifications shall apply to the structural stability, support and design of all telecommunication or wireless communication facilities:
(1)
The applicant shall demonstrate that the proposed telecommunication and wireless communication facilities are designed and constructed in accordance with all applicable state and federal building standards for such facilities and structures. The applicant shall consult with the East Lampeter Township Engineer in order to determine the appropriate regulations that should be applied for such facilities and structures.
(2)
The applicant shall demonstrate that the proposed telecommunication and wireless communication facilities are designed in a manner that no part of the facility will attract or deflect lighting onto adjacent properties.
(3)
When one or more telecommunication and wireless communication antennas are to be located on an existing structure and the general public has access to the structure on which the telecommunication and wireless communications antenna is to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes or other metals. For purposes of this subsection, the term "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits, including but not limited to power lines and telephone wires, during which process the transference of energy from one to another occurs.
(4)
In order to reduce the number of telecommunication and wireless communication antenna support structures within East Lampeter Township in the future, the proposed telecommunication and wireless communication antenna support structure shall be designed to accommodate other potential communications users, including, but not limited to, commercial wireless communications companies, police departments, fire department, ambulance companies and other emergency service providers.
(5)
If the telecommunication and wireless communications facility is fully automated, adequate parking shall be required for all maintenance workers, with a minimum of two spaces provided. If the telecommunication and wireless communication facility is not fully automated, the number of required parking spaces shall be equal to the number of employees present at the telecommunication or wireless communication facility during the largest shift.
(6)
Telecommunication and wireless communications antenna support structures shall be painted silver or another color approved by East Lampeter Township or shall have a galvanized finish. All telecommunication and wireless communication equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a similar facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. In furtherance of this provision, East Lampeter Township may require that:
(a)
The telecommunication and wireless communications facilities support structures be painted green up to the height of nearby trees; and/or
(b)
The telecommunication and wireless communications equipment buildings that house electrical transmitter equipment be placed underground, unless this is determined to be detrimental to the functioning and physical integrity of such equipment.
(7)
As part of the overall evaluation regarding site compatibility, aesthetics and architecture, East Lampeter Township shall consider the following issues as part of the special exception application and/or site plan application:
(a)
If it will promote the harmonious and orderly development of the zoning district involved;
(b)
If it is compatible with the character and type of development existing within the area;
(c)
If the benefits exceed any negative impacts on the aesthetic character of the community;
(d)
If it preserves woodland areas and trees existing at the site to the greatest possible extent; and
(e)
If it encourages sound engineering practices and land development design.
G.
Unless otherwise permitted by East Lampeter Township as part of the site plan application, the following general site improvements, compliance provisions and procedural obligations shall be required for all telecommunication and wireless communication facilities:
(1)
No sign or other structure shall be mounted on the telecommunication and wireless communications facility, except as may be required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) or other governmental agency.
(2)
The telecommunication and wireless communications antenna support structures shall meet all FAA regulations. No telecommunication and wireless communications antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be limited to the minimum lumens and number of lights so required and it shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA mandated lighting to the appropriate governmental authorities as well as East Lampeter Township.
(3)
The applicant shall describe the anticipated maintenance needs, including frequency of service, personnel needs, and equipment needs, and the traffic safety and noise impacts of such maintenance.
(4)
In the event that a telecommunication and wireless communications antenna is attached to an existing structure, vehicular access to the telecommunication and wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the existing principal use.
(5)
If the applicant proposes to build a telecommunication and wireless communications antenna support structure (as opposed to mounting the telecommunication and wireless communications antenna on an existing structure), the applicant shall prove to East Lampeter Township that it has contacted the owners of structures of suitable location and height, either other towers or existing tall structures within 3,000-foot radius of the site proposed, asked for permission to install the telecommunication and wireless communications antennas on those structures and has been denied. East Lampeter Township may deny an application to construct a new telecommunication and wireless communications antenna support structure if the applicant has not made a good faith effort to mount the telecommunication and wireless communications antenna on an existing structure.
(6)
If use of the telecommunication and/or wireless communications facility is abandoned or if the telecommunication and/or wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the telecommunication and/or wireless communications facility from the site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the telecommunication and/or wireless communication facility. In the event that the demolition and/or removal referred to above are not performed in a timely manner, the landowner shall be subject to the enforcement remedies of this chapter or otherwise provided for by state and federal laws.
(7)
As part of the site plan, the applicant seeking to construct, erect, relocate or alter a telecommunication or wireless communications facility shall file a written certification that all property owners within a 1,000-foot radius of the property on which the telecommunication and wireless communications antenna support structure is proposed to be located have been given written notice by the applicant of the applicant's intent to construct, erect, relocate or alter a telecommunication or wireless communications facility. The certification shall contain the name, address and tax parcel number of the property owners.
(8)
If required by East Lampeter Township, a security fence with a maximum height of 15 feet shall be required around the antenna support structure and other equipment, unless the telecommunication and wireless communications antenna is mounted on an existing building or structure. The required security fence shall be equipped with a self-closing and self-latching gate, which shall be locked and secured at all times when the facility is unattended.
(9)
Landscaping shall be required to screen and buffer as much of a newly constructed telecommunication and wireless communications antenna support structure as possible. East Lampeter Township may permit a combination of existing vegetation, walls, decorative fences or other features in lieu of landscaping.
H.
The following background information and documentation shall be submitted as part of the site plan:
(1)
The applicant shall provide evidence that the telecommunication facilities are in compliance with all local, state and federal requirements.
(2)
The applicant shall demonstrate that it is a commercial wireless communications company, licensed by the Federal Communications Commission (FCC) or, in the case of those companies that own and erect towers for lease to such companies, that it has an existing contract with one or more such companies to locate on the proposed tower (in those zoning districts or areas where such towers are permitted) and shall provide the Township Secretary with copies of all FCC applications, permits, approvals, licenses, and site inspection records. All such information shall be accompanied by a certification signed by two officers of the applicant that the information being supplied is true and correct to the best of their knowledge, information, and belief. The applicant shall also provide copies of all applicable federal regulations with which it is required to comply and a schedule of estimated FCC inspections.
(3)
A geotechnical investigation shall be conducted to document and verify that the design specifications of the foundation are suitable for the proposed telecommunication facilities. As part of this requirement, a report shall be prepared in order to demonstrate compliance with the standards of geotechnical investigations, ANSI/EIA-222-E, as amended, which shall be submitted to East Lampeter Township.
(4)
Prior to the issuance of a permit authorizing construction and erection of a telecommunication and wireless communications antenna support structure, a structural engineer registered in the Commonwealth of Pennsylvania shall issue a written certification to East Lampeter Township of its ability to meet the minimum industry standards for structural integrity. Where antennas are proposed to be attached to an existing structure, the structural engineer shall certify that both the structure and the antennas and their appurtenances meet minimum industry standards for structural integrity.
(5)
The site plan shall accurately depict all existing and proposed structures and site improvements, including, but not limited to, the telecommunication and wireless communications antennas, telecommunication and wireless communications antenna support structure, building, fencing, landscape buffering, vehicular ingress and egress, lease areas and other features required by East Lampeter Township.
(6)
The telecommunication facility provider shall provide East Lampeter Township with all necessary contact information, permits, insurance policies, lease agreements and other information determined necessary by East Lampeter Township.
(7)
A certificate of insurance issued to the owner/operators evidencing that there is adequate current liability insurance in effect insuring against liability for personal injuries and death and property damage caused by the site and the telecommunication and wireless communications facilities.
§ 375-23820 Theater.
A.
Theater, as further defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A theater shall be permitted as a principal use by right within the C-2, C-3 and BP Zoning Districts.
(2)
A theater shall be permitted as a principal and accessory use by special exception within the BH Zoning District.
Chart 375-23820: Theater | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | ||||||||||||
Special exception | P,A | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23820A of this chapter has been provided as a general reference guide. Section 375-23820 and the underlying zoning districts provide specific regulations for theater.
C.
Permitted uses. The following principal and accessory uses shall be permitted as part of a theater:
(1)
The principal use shall be the theater, which shall be contained within a building that includes a stage and/or screen with seating available to accommodate customers or patrons to view movies, plays, concerts, meetings, social events and/or other similar performances.
(2)
Accessory or subordinate uses for the theater shall be limited to: administrative offices; retail sales; concession stands; restaurants; admission areas; and/or other similar uses, as determined appropriate by East Lampeter Township. The accessory uses shall be made available to the customers or patrons of the theater.
(3)
Theater with outdoor viewing or drive-in facilities shall not be permitted.
(4)
Adult uses shall not be permitted as part of the uses associated with the theater.
D.
Area and utility requirements. The following lot area and utility provisions shall apply to a theater:
(1)
A theater shall be located on a conforming lot that meets the following lot area requirements:
(a)
A theater located within the C-2 Zoning District shall have a minimum lot area of 25,000 square feet and maximum lot area of 15 acres.
(b)
A theater located within the C-3 Zoning District shall have a minimum lot area of two acres.
(c)
A theater located within the BP Zoning District shall have a minimum lot area of 40,000 square feet.
(d)
A theater located within the BH Zoning District shall have a minimum lot area of 12,000 square feet.
(2)
The theater shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The theater shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
E.
Other. All theaters must provide an emergency management and evacuation plan and a traffic study.
§ 375-23830 Townhouses.
A.
Townhouses, as further defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
Townhouses shall be permitted as a principal use by right within the R-2, R-3, C-1 and MU Zoning Districts.
(2)
Townhouses shall be permitted by right within the BP Zoning District, subject to the provisions of §§ 375-14020, 375-14030, 375-23490 and 375-23830 of this chapter.
(3)
Townhouses shall be permitted as a principal use by special exception within the BH, VG, VC and VR Zoning Districts.
Chart 375-23830: Townhouses | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P | P 1 | P | ||||||||||
Special exception | P | P | P | P | |||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | I = Sections 14020, 14030, 23490 and 23830 shall apply | |||||||||||||
B.
The chart contained under § 375-23830A of this chapter has been provided as a general reference guide. Section 375-23830 and the underlying zoning districts provide specific regulations for townhouses.
C.
Land use, density and utility requirements. The following lot area and utility provisions shall apply to a townhouse:
(1)
The maximum number of townhouses contained on a tract of land or development area shall comply with the following requirements:
(a)
Townhouses located in the R-2 Zoning District shall have a minimum lot area of 3,500 square feet per townhouse unit.
(b)
Townhouses located in the R-3, MU, BH, VG, VC and VR Zoning Districts shall have a minimum lot area of 3,750 square feet per townhouse unit.
(c)
Townhouses located in the BP Zoning District shall have a minimum lot area of 3,000 square feet.
(2)
The townhouses shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The townhouses shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
D.
Lot width, setback, coverage and height requirements. Townhouses shall comply with the provisions specified for lot width, setback, building separation, coverage and height, as further specified by the underlying zoning district on which the townhouse is located.
E.
General requirements. The following general requirements shall apply to townhouses:
(1)
The proposed lighting for buildings, signs, access lanes and parking areas shall be arranged so they do not reflect towards any public street or residential zoning districts.
(2)
Each townhouse unit contained within the development shall have vehicular access to an improved public or private street.
(3)
Townhouse units shall be linked with sidewalks, crosswalks and/or pathways to facilitate safe and convenient pedestrian movement.
§ 375-23840 Transportation depot.
A.
Transportation depot, as further defined under § 375-2020 of this chapter, shall be permitted as a principal use by right within the I-2 Zoning District.
Chart 375-23840: Transportation Depot | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | ||||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23840A of this chapter has been provided as a general reference guide. Section 375-23840 and the provisions of the underlying zoning district shall apply to transportation depots.
C.
Permitted uses. The following use shall be permitted and prohibited as part of a transportation depot:
(1)
The principal use shall be the transportation depot, which shall be located within an enclosed building that complies with the area, yard and height requirements of the zoning district on which the use is located.
(2)
All vehicles that have been brought in for service, maintenance or repair shall in a state of active repair and shall not be permitted on the premises for a period of more than 60 days.
(3)
Where overnight parking is permitted, the trucks or commercial vehicles utilizing the facilities shall not be kept running or idling for a period of time exceeding 30 consecutive minutes or 90 cumulative minutes within any twenty-four-hour time period.
(4)
The storage of vehicles and trailers that are not licensed or registered shall be prohibited.
(5)
The demolishing or salvaging of vehicles shall be prohibited.
D.
Area and utility provisions. The following lot area and utility requirements shall apply to a transportation depot:
(1)
The minimum land area required for the transportation depot shall be five acres.
(2)
The transportation depot shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The transportation depot shall be serviced by public water supply facilities (where available) or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the transportation depot shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services and connections shall be installed underground.
E.
Lot width, setback, coverage and height requirements. The following lot width, setback, coverage and height requirements shall apply to transportation depots:
(1)
The minimum lot width for the transportation depot shall be 300 feet.
(2)
The principal buildings located on the lot occupied by the transportation depot use shall be located at least 100 feet from all street rights-of-way lines and property lines.
(3)
The accessory buildings, structures and equipment located on the lot occupied by the transportation depot use shall be located at least 50 feet from all street rights-of-way lines and property lines.
(4)
All vehicles, equipment and materials stored outside of the buildings shall be located at least 50 feet from all street rights-of-way lines and property lines.
(5)
The temporary storage of any vehicles and equipment that have been brought to the facility for repair or service shall be located at least 50 feet from all street right-of-way lines and all other property lines.
(6)
All lubricants, fuel and/or petroleum products shall be contained within a permitted building, structure and/or containment facility that complies with local, state and federal laws.
F.
General requirements. The following general standards shall be required for a transportation depot:
(1)
Where overnight parking is permitted, the trucks or commercial vehicles utilizing the facilities shall not be kept running or idling for a period of time that exceed the provisions specified by the Pennsylvania Diesel Powered Motor Vehicle Act and other state or federal laws.[1]
[1]
Editor's Note: See 35 P.S. § 4601 et seq.
(2)
All lubricants, fuel and/or petroleum products shall be contained within a permitted building, structure and/or containment facility that complies with local, state and federal laws.
(3)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(4)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(5)
All trucks, trailers and commercial vehicles stored on the property shall be arranged so as to permit access to emergency management equipment.
(6)
The primary points of ingress and egress to the transportation depot shall be along a collector or arterial street.
(7)
If required by East Lampeter Township, a tire cleaning area shall be provided on-site. All tires of all trucks leaving the site shall be cleaned. Runoff from the tire cleaning area shall be controlled and disposed of in accordance with all local, state and federal laws.
§ 375-23850 Uses not specifically permitted.
A.
Uses not specifically permitted, as further defined under § 375-2020 of this chapter, shall be permitted as a principal use by conditional use within the I-2 Zoning District.
Chart 375-23850: Uses Not Specifically Permitted | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | |||||||||||||||
Special exception | |||||||||||||||
Conditional use | P | ||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23850A of this chapter has been provided as a general reference guide. Section 375-23850 and the provisions of the underlying zoning district shall apply to uses not specifically permitted within East Lampeter Township.
C.
Permitted uses. The following land use interpretation provisions shall apply to uses not specifically permitted:
(1)
Pursuant to the provisions involving the regional allocation of land uses, as further specified within the Comprehensive Plan and § 375-1060 of this chapter, certain uses may not be permitted or recognized by this chapter but may be permitted and included as part of this chapter.
(2)
Should a specific use not be permitted or recognized within this chapters of East Lampeter Township or Upper Leacock Township, an application should be made to the Zoning Officer in accordance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code.
(3)
Should other types of land uses evolve or become commonly acceptable as a reasonable use, an application should be made to the Zoning Officer. It is the purpose of this section to provide for all reasonable and appropriate land uses and to establish a mechanism for the inclusion of such land uses within East Lampeter Township.
(4)
If the Zoning Officer determines that the use is not specifically permitted within East Lampeter Township, the use shall be permitted by conditional use within the General Industrial (I-2) Zoning District, which shall be considered by East Lampeter Township in accordance with the procedures and provisions that are specified under § 375-25080 of this chapter.
(5)
Only lawful uses shall be considered as part of a conditional use application.
D.
Area and utility provisions. The following lot area and utility requirements shall apply to a uses not specifically permitted within the East Lampeter Township:
(1)
The minimum land area required for the uses not specifically permitted within East Lampeter Township shall be five acres. Depending upon the complexity or intensity of the proposed undefined land use, the Board of Supervisors may consider a reduction of the minimum area requirement as part of the conditional use application. However, in no case shall the minimum lot size be reduced to less than two acres.
(2)
The uses not specifically permitted within East Lampeter Township shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The uses not specifically permitted within East Lampeter Township shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
E.
Lot width, setback, coverage and height requirements. The following lot width, setback, coverage and height requirements shall apply to uses not specifically permitted within East Lampeter Townships:
(1)
The use shall comply with the setback, coverage and height requirements of the zoning district on which the use is located.
(2)
Depending upon the complexity or intensity of the use, the Board of Supervisors may establish alternative the minimum and maximum dimensional requirements as part of the conditional use application. These provisions shall include the lot width, setback requirements (front, side and rear), height, building coverage and lot coverage requirements for the use.
F.
General requirements. The following general standards shall be required for uses not specifically permitted within East Lampeter Township or uses not specifically permitted within East Lampeter Township:
(1)
All activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner shall design, construct and implement appropriate safeguards.
(2)
The proposed lighting for buildings, signs, access lanes and parking areas shall be arranged so they do not reflect towards any public street or residential zoning districts.
(3)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(4)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, dust, smoke, litter and pollution.
G.
Conditional use criteria. As part of the conditional use application, the Board of Supervisors shall consider the following information and documentation to be submitted to East Lampeter Township on behalf of the applicant:
(1)
The applicant shall submit a request for inclusion of a use not specifically permitted within East Lampeter Township or other reasonable land use that is not recognized as part of this chapter, with illustrations and complete documentation that completely describes the land use activity and the manner in which it differs from the permitted uses defined or permitted by this chapter.
(2)
Prior to the commencement of the hearing, the Zoning Officer shall advise East Lampeter Township if the application meets the purpose and objective of§ 375-23850 of this chapter.
(3)
The applicant shall provide evidence that the use shall comply with all provisions established within this chapter. This may include the submission of a grading plan, utility plan, landscaping plan, lighting plan, architectural renderings, traffic impact study and/or environmental impact assessment report. Prior to the submission of the conditional use application, the applicant shall consult with the East Lampeter Township Manager, Engineer and Zoning Officer to initially discuss the supplemental documentation that may be required as part of the application.
§ 375-23860 Veterinary office.
A.
Veterinary office, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A veterinary office shall be permitted as a principal use by right within the C-1, MU, BH, BP, VG and VC Zoning Districts.
(2)
A veterinary office shall be permitted as a principal use by special exception within the AG Zoning District.
(3)
A veterinary office shall be permitted as an accessory use by right within the AG Zoning District.
Chart 375-23860: Veterinary Office | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | A | P | P | P | P | P | P | ||||||||
Special exception | P | ||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | ||||||||||||||
B.
The chart contained under § 375-23860A of this chapter has been provided as a general reference guide. Section 375-23860 and the underlying zoning district provide specific regulations for veterinary office.
C.
Permitted uses. The following principal and accessory uses shall be permitted as part of the veterinary office:
(1)
The principal use shall be the veterinary office.
(2)
Accessory or subordinate uses for the veterinary office shall be limited to: administrative offices; retail sales; outdoor running or exercise areas; and other similar uses. The cumulative gross floor area for all such accessory uses contained within the building shall be not more than 20% of the cumulative gross floor area of the veterinary office. The accessory uses shall only be made available to the customers or patients of the veterinary office.
(3)
If more than 50 animals are present at anyone time for boarding, rehabilitation, medical treatment, including primary health services and medical/surgical care to animals suffering from illness, disease, injury, deformity, and other abnormal physical conditions, they shall comply with the requirements of this section and the requirements of § 375-23410 of this chapter. If there is any conflict between § 375-23410 and § 375-23860, the more restrictive shall apply.
(4)
A kennel shall only be permitted accessory use by special exception within the Agricultural (A) Zoning District, subject to the provisions specified under § 375-23410 (kennel) of this chapter.
D.
Area and utility requirements. The following general provisions shall apply to a veterinary office:
(1)
The minimum and maximum land area requirements for a veterinary office shall be as follows:
(a)
A veterinary office located within the AG Zoning District shall be located on a lot containing a minimum lot area of one acre.
(b)
A veterinary office located within the C-1 Zoning District shall be located on a lot containing a minimum lot area of 15,000 square feet.
(c)
A veterinary office located within the BH, VG and VC Zoning Districts shall be located on a lot containing a minimum lot area of 20,000 square feet.
(d)
A veterinary office located within the VC Zoning District shall be located on a lot containing a minimum lot area of 20,000 square feet and a maximum lot area of five acres.
(2)
The veterinary office shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The veterinary office shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving veterinary office shall be planned and installed in accordance with the specifications of the public utility provider supplying service.
E.
Setback, coverage and height requirements. The following setback requirements shall apply to a veterinary office:
(1)
The location of the outdoor runs or exercise yards shall be located at least 100 feet from all street right-of-way lines and property lines.
(2)
Any accessory building or external area utilized for the housing, feeding, watering, or running of animals shall be set back at least 100 feet from all street right-of-way lines and property lines.
F.
General. The following general provisions shall also apply to veterinary office:
(1)
The veterinary office shall operate in accordance with all local, state and federal laws. The landowner or operator of the veterinary office shall supply East Lampeter Township with the permits and licenses that are required to operate a veterinary office.
(2)
All principal uses and activities shall be conducted within an enclosed building that shall comply with the building code requirements adopted by East Lampeter Township.
(3)
The landowner of the property on which the veterinary office is located shall be responsible of the daily operations, activities and maintenance of the veterinary office.
(4)
Outdoor runs or exercise yards may be permitted for the animals being cared for at the veterinary office, subject to the following conditions:
(a)
The outdoor runs shall be located with the rear yard of the lot occupied by the veterinary office.
(b)
The outdoor runs shall be conducted between the hours of 7:00 a.m. and 9:00 p.m.
(c)
All animals being cared for shall be kept indoors between the hours of 9:00 p.m. and 7:00 a.m.
(d)
The outdoor runs are conducted within a defined area, which is completely enclosed by a six-foot high fence. The perimeter of the fence shall be adequately screened with landscaping strip or buffer yard.
(e)
The outdoor runs shall be located at least 100 feet from all property lines.
(5)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(6)
The veterinary office shall be adequately soundproofed so that the sounds generated by the animals being cared for are not audible or detectable from any lot line.
(7)
The veterinary office shall be operated in such a manner so that it does not constitute a nuisance with regard to noise, odor, vectors, dust, vibration or other negative effects beyond the property lines of the lot upon which the veterinary office use is located.
(8)
The storage of any animal waste shall be regularly disposed of by discharge to an approved sewage disposal system or facility for biological wastes. Any temporary storage of animal or biological waste shall be contained within enclosed storage bins or containers that are stored within a building, which shall be removed and disposed of on a regular basis. A plan for management of such wastes shall be submitted for municipal review as part of the land development plan application.
(9)
An incineration (retort) device for the cremation of dead animals shall be prohibited.
(10)
There shall be no outside storage of materials, equipment or animal crates that are associated with the veterinary office.
(11)
The landowner shall provide East Lampeter Township and the emergency service responders (police, fire and ambulance) with a complete list of materials, chemical and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders.
§ 375-23870 Warehouse and distribution center.
A.
Warehouse and distribution, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A warehouse and distribution center containing building(s) with a maximum of 40,000 cumulative square feet of gross floor area shall be permitted as a principal use by right within the I-1 Zoning District.
(2)
A warehouse and distribution center containing building(s) with no defined limitations on building size and/or lot area shall be permitted as a principal use by right in the I-2 Zoning District.
(3)
A warehouse and distribution center with a maximum building size of 400,000 square feet of gross floor area shall be permitted as a principal use by right in the BP Zoning District.
Chart 375-23870: Warehouse and Distribution Center | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P 1 | P | P 1 | ||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot or Building Size Requirements | |||||||||||||
B.
The chart contained under § 375-23870A of this chapter has been provided as a general reference guide. Section 375-23870 and the underlying zoning district provide specific regulations for warehouse and distribution centers.
C.
Permitted uses. The following land use provisions shall apply to a warehouse and distribution center:
(1)
The principal use shall be the warehouse and distribution center, which shall include a building or group of buildings primarily utilized for storage, transfer, loading and unloading of products or commodities.
(2)
Retail sales of the goods and products stored or maintained at the warehouse and distribution center may be permitted as an accessory use. The designated sales area for retail sales shall not exceed 15% of the total gross floor area or 5,000 square feet of gross floor area, whichever is less.
D.
Area and utility requirements. The following general provisions shall apply to a warehouse and distribution center:
(1)
The warehouse and distribution center shall be located on a conforming lot that complies with the following lot area and building size requirements:
(a)
A warehouse and distribution center located within the I-1 Zoning District shall have a minimum lot size of one acre. The building(s) occupied by the use shall not exceed 40,000 cumulative square feet of gross floor area.
(b)
A warehouse and distribution center located within the I-2 Zoning District shall have a minimum lot size of two acres.
(c)
A warehouse and distribution center located within the BP Zoning District shall have a minimum lot area of 40,000 square feet. The building(s) occupied by the use shall not exceed 400,000 cumulative square feet of gross floor area.
(2)
The warehouse and distribution center shall be serviced by public or on-lot sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The warehouse and distribution center shall be serviced by public or on-lot water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the warehouse and distribution center shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
E.
General requirements. The following general requirements shall apply to a warehouse and distribution center:
(1)
All warehouse and distribution center uses and activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner shall design, construct and implement appropriate safeguards.
(2)
The landowner and/or tenant/warehouse operator shall maintain information regarding the nature of the on-site activities and operations, the types of materials to be stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials.
(3)
Where overnight parking is permitted, the trucks or commercial vehicles utilizing the facilities shall not be kept running or idling for a period of time that exceed the provisions specified by the Pennsylvania Diesel Powered Motor Vehicle Act and other state or federal laws.[1]
[1]
Editor's Note: See 35 P.S. § 4601 et seq.
(4)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(5)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(6)
All hazardous waste, toxic waste, infectious waste, and other similar items, which because of its potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(7)
All trucks, trailers and commercial vehicles stored on the property shall be arranged so as to permit access to emergency management equipment.
(8)
All tires of all trucks leaving the site shall be cleaned. Runoff from the tire cleaning area shall be controlled and disposed of in accordance with all local, state and federal laws.
(9)
Warehouse and distribution centers containing more than 150,000 square feet of gross floor areas shall contact the transit authority about the possibility of providing an improved bus stop or pickup location, which would be conveniently accessible for patrons who would travel to and from the site by bus or other modes of transportation.
(10)
The applicant shall depict the locations and dimensions of all on-site circulation improvements, which shall demonstrate safe vehicular and pedestrian movements on the property. The use of sidewalks, crosswalks and pedestrian paths shall be integrated as part of the design.
§ 375-23880 Wholesale and distribution facility.
A.
A wholesale and distribution, as defined under § 375-2020 of this chapter, shall be permitted as follows:
(1)
A wholesale and distribution facility with no defined limitations on building size (gross floor area) and/or lot area (acreage) shall be permitted as a principal use by right in the I-1 and I-2 Zoning Districts.
(2)
A wholesale and distribution facility with a maximum building size of 400,000 square feet of gross floor area shall be permitted as a principal use by right in the BP Zoning District.
Chart 375-23880: Wholesale and Distribution Facility | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning District and Article Number | AG III | R-1 V | R-2 VI | R-3 VII | C-1 VIII | C-2 IX | C-3 X | I-1 XI | I-2 XII | BP XIV | MU XV | BH XVII | VG XVIII | VC XIX | VR XX |
By right | P | P | P 1 | ||||||||||||
Special exception | |||||||||||||||
Conditional use | |||||||||||||||
P = Principal Use | A = Accessory Use | 1 = Special Lot or Building Size Requirements | |||||||||||||
B.
The chart contained under § 375-23880A of this chapter has been provided as a general reference guide. Section 375-23880 and the underlying zoning district provide specific regulations for wholesale and distribution facility.
C.
Permitted uses. The following land use provisions shall apply to a wholesale and distribution facility:
(1)
The wholesale and distribution facility shall include a building or group of buildings utilized for sale of merchandise in large quantities or transactions of commodities to retailers, contractors and businesses.
(2)
Retail sales of the goods and products produced, stored or maintained at the wholesale and distribution facility may be permitted as an accessory use. The designated area for the retail sales area shall not exceed 15% of the total gross floor area or 5,000 square feet, whichever is less.
D.
Area and utility requirements. The following general provisions shall apply to a wholesale and distribution facility:
(1)
The following lot area requirements shall apply to a wholesale and distribution facility:
(a)
A wholesale and distribution facility located within the BP Zoning District with building(s) occupied by the use shall not exceed 400,000 cumulative square feet of gross floor area.
(2)
The wholesale and distribution facility shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the East Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by East Lampeter Township.
(3)
The wholesale and distribution facility shall be serviced by public water supply facilities, which shall be consistent with any plans and ordinances adopted by East Lampeter Township.
(4)
All other utility provisions serving the wholesale and distribution facility shall be planned and installed in accordance with the specifications of the public utility provider supplying service. Unless otherwise required by the utility company or authority providing service, the utility services shall be installed underground.
E.
General requirements. The following general requirements shall apply to a wholesale and distribution facility:
(1)
All wholesale and distribution facility uses and activities shall not pose a threat to the health, safety and/or general welfare of any property or use within East Lampeter Township. Where, appropriate, the landowner shall design, construct and implement appropriate safeguards.
(2)
The landowner shall maintain information regarding the nature of the on-site activities and operations, the types of materials to be stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials.
(3)
Where overnight parking is permitted, the trucks or commercial vehicles utilizing the facilities shall not be kept running or idling for a period of time that exceed the provisions specified by the Pennsylvania Diesel Powered Motor Vehicle Act and other state or federal laws.[1]
[1]
Editor's Note: See 35 P.S. § 4601 et seq.
(4)
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(5)
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
(6)
All hazardous waste, toxic waste, infectious waste, and other similar items, which because of its potential health risks, shall be discarded in a manner specified by local, state and federal laws.
(7)
All trucks, trailers and commercial vehicles stored on the property shall be arranged so as to permit access to emergency management equipment.
(8)
All tires of all trucks leaving the site shall be cleaned. Runoff from the tire cleaning area shall be controlled and disposed of in accordance with all local, state and federal laws.
(9)
Wholesale and distribution facilities containing more than 150,000 square feet of gross floor areas shall provide an improved bus stop or pickup location, which would be conveniently accessible for patrons who would travel to and from the site by bus or other modes of transportation. The bus stop must be provided, even if current bus service is unavailable along the subject property. The bus stop shall include a shelter, seating, a trash receptacle, and at least one shade tree.
(10)
The applicant shall depict the locations and dimensions of all on-site circulation improvements, which shall demonstrate safe vehicular and pedestrian movements on the property. The use of sidewalks, crosswalks and pedestrian paths shall be integrated as part of the design.