East Vincent Township
City Zoning Code
City Zoning Code
PART 16
SUPPLEMENTAL LAND USE REGULATIONS
§ 27-1601 Purpose.
[Ord. 162, 6/12/2002, § 1600; as amended by Ord. 179, 12/1/2004]
The following regulations have been established to govern specific uses, structures, or buildings within East Vincent Township or are of general applicability and which shall apply in addition to any other applicable zoning district regulations.
§ 27-1602 Accessory Uses, Buildings and Structures.
[Ord. 162, 6/12/2002, § 1601; as amended by Ord. 179, 12/1/2004]
1.
Permitted Accessory Uses, Buildings and Structures.
A.
Accessory uses include but are not limited to household pet animal shelters, garages, swimming pools, greenhouses, tennis courts, and enclosed storage sheds.
B.
Uses designed to serve residents of a residential development, including areas for washing machines and dryers, lockers or indoor storage areas, recreational facilities, and lounges shall remain accessory and incidental to the development.
C.
Farm buildings where accessory to a permitted agricultural use.
D.
Accessory uses for commercial and industrial uses may include restaurants or cafeterias for use primarily by employees only, living quarters for watchmen, caretakers, or similar employees, and recreational uses designed primarily for employees of the use.
E.
Structures such as fences and free-standing walls, which shall meet the following requirements:
(1)
The maximum height shall be four feet in the front yard and seven feet elsewhere.
(2)
Any fence over five feet in height shall have effective apertures representing no less than 25% of the surface area in one plane, and no less than 40% of the surface area if surfaces are staggered.
(3)
Any fence located in the side yard, yet which faces the front street, and is over four feet high, must be landscaped on the side facing the street. This provision does not apply to fences running parallel to or located on the side lot line.
(4)
On a reverse frontage lot, any backyard fence over five feet in height shall be landscaped on the side toward the street.
(5)
If a lot fronts on two or more streets, the four-foot maximum height limitation shall apply along all of the streets.
(6)
There shall be no fences located in drainage easements or drainage swales which are part of an approved stormwater management plan.
(7)
Fences and walls shall be kept in good repair.
F.
The following accessory uses are further subject to specific use regulations as follows:
2.
Location.
A.
Accessory uses, buildings and structures shall be located to the side or rear of the principal building, except for fences and landscape walls, and as provided for in §§ 27-1609 and 27-1615. Accessory uses, as in the case of home occupations, shall also be permitted within the principal structure or building.
B.
Except where otherwise provided in this chapter, the presence of a permitted accessory use shall not alter the applicability of the area and bulk regulations otherwise applicable to the principal use.
C.
Except where otherwise approved for development under the open space design option, accessory uses, buildings and structures shall be set back from side and rear lot lines for a minimum distance equal to the height of the accessory buildings and structures, provided such setback shall not be less than 10 feet from a lot line. Fences and landscape walls may be located on or near lot lines, subject to the requirements of this section, provided that allowances are made for the on-going maintenance of such fences or walls suitable to the Township Code Enforcement Officer. Where any Section of this chapter provides for greater setbacks for accessory uses, buildings or structures, such setbacks shall apply. Except for fences and landscape walls, no accessory buildings or structures shall be located within any required buffer area, including any perimeter buffer required in accordance with § 22-422 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22].
D.
The minimum distance between any accessory building and any other accessory building or any principal building shall be 10 feet, unless such buildings are abutting and/or attached.
§ 27-1603 Storage.
[Ord. 162, 6/12/2002, § 1602; as amended by Ord. 179, 12/1/2004]
1.
As an accessory or principal use, storage shall comply with the following standards:
A.
General Provisions.
(1)
All rubbish, whether organic or inorganic, shall be stored in suitable vermin-proof containers and properly disposed of as soon as practical.
B.
Storage of any materials or wastes shall comply with the requirements of § 27-1716, "Performance Standards."
C.
Outdoor storage facilities for fuel, raw materials and products shall be enclosed with an approved safety fence compatible with the architectural and landscaping theme existing or proposed on the lot.
D.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by natural causes or forces, nor shall water or surface water undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any groundwater or surface water. Applicable Department of Environmental Protection regulations shall apply.
E.
Outside storage shall occupy an area of less than one-half the existing building coverage when serving as an accessory use. Accessory uses requiring more land area of storage shall apply for a special exception by the Zoning Hearing Board. In no case shall more than 25% of the lot area be used for outdoor storage. This provision shall not apply to storage as a principal use such as lumber yards and car dealer lots.
F.
Outside storage shall not occupy any part of street rights-of-way, pedestrian walkways, required parking spaces, required front yard areas, or required buffer areas, and shall not be located within 15 feet of any side or rear lot line.
G.
Outdoor storage shall not exceed 15 feet in height.
H.
All storage shall be completely screened from view in accordance with § 27-1713 except materials and products on display for sale in which case the front yard need not be screened.
I.
The restrictions on storage set forth in this section are in addition to any other restrictions and limitations imposed on storage by this chapter and/or other applicable regulation, including without limitation the regulations and restrictions applicable to junkyards.
2.
Outdoor Storage of Vehicles. For purposes hereof, a vehicle shall be deemed to be stored outdoors unless it is located within a garage or other structure enclosed on at least three sides and having a roof.
A.
In all districts, unless otherwise approved by East Vincent Township, no trailer, travel trailer, motorized dwelling, tent trailer, boat trailer, recreational vehicle or similar vehicles shall be stored outdoors within any required front yard area nor within 15 feet of any side or rear lot line, except as provided in Subsection 2B below.
B.
On any residential property, currently registered and operable vehicles owned by the resident(s) of the property may be stored (parked) without limitation, where not stored within any required minimum yard or setback area. No more than three currently registered and operable vehicles may be stored within required minimum yard areas.
C.
No unlicensed or unregistered motor vehicle other than farm vehicles, and no inoperable farm vehicle, may be stored outdoors on any lot for a period in excess of six months. No more than two unlicensed and/or unregistered vehicles may be stored outdoors on any lot at any one time.
§ 27-1604 Swimming Pools.
[Ord. 162, 6/12/2002, § 1603; as amended by Ord. 179, 12/1/2004]
1.
Every swimming pool area or the entire property on which it is located shall be completely enclosed by a fence or wall so as to prevent uncontrolled access by children from the street or adjacent properties. All swimming pools shall comply with currently adopted Building Codes, as amended [Chapter 5].
2.
A swimming pool shall not be located in any required setback area.
§ 27-1605 Home Occupation.
[Ord. 162, 6/12/2002, § 1604; as amended by Ord. 179, 12/1/2004]
1.
A home occupation shall be deemed either a minor home occupation or a major home occupation depending on compliance with the requirements and provisions of this section. Except where approved as a conditional use as provided in § 27-1403.3B(2), minor home occupations shall be permitted by right, while major home occupations shall be permitted where approved as a special exception by the Zoning Hearing Board.
A.
The following provisions shall apply to all minor and major home occupations:
(1)
Both minor and major home occupations may include, but are not limited to, such uses and/or activities as:
(a)
Professional practice of medicine, law, engineering, architecture, accounting, planning, real estate, and insurance.
(b)
Personal services including dressmaking, millinery, barber and beauty shops.
(c)
Cottage industries including crafts and homemade products.
(d)
Teaching of not more than six pupils simultaneously, or in the case of musical instruction, not more than two pupils at a time.
(e)
In-home day care use, provided no more than four children from outside the family occupying the dwelling are tended at any time.
(2)
The operation of a medical clinic, boarding home, motor vehicle repair shop, stable, kennel or mortuary shall not be deemed a home occupation.
(3)
All minor and major home occupations shall be clearly incidental and secondary to the principal residential use.
(4)
The principal practitioner of any minor or major home occupation must be a resident of the property on which the home occupation is practiced.
(5)
No minor or major home occupation shall involve alterations to the exterior of any principal or accessory structure except those customary to residential use of the property or necessary to comply with the provisions herein. The exterior of the principal residence and all accessory structures, if any, shall retain an appearance which is essentially no different than if there were no home occupation(s) conducted inside.
(6)
Except for the raising of garden produce or as provided in § 27-1403.3B(2)(b), no minor or major home occupation shall occupy an area greater than 25% of the total floor area of the principal dwelling unit, or 800 square feet of floor area, whichever is less. While this area limitation shall be calculated on the basis of the floor area of the principal dwelling unit, a home occupation may be conducted in an accessory structure, whether entirely or in part.
(7)
Any dwelling unit in which a minor or major home occupation is conducted shall have its own direct access to ground level.
(8)
No minor or major home occupation shall cause any offensive or disturbing noise, smoke, odor, glare or other objectionable effects noticeable at or beyond the lot line.
(9)
There shall be no sale, nor storage for sale, of hazardous chemicals or biological agents on the premises.
B.
Additional Standards for Minor Home Occupations. Minor home occupations, permitted by right, shall comply with the following additional standards. Home occupations exceeding the standards of this subsection shall be deemed major home occupations and shall be permitted only where authorized by the Zoning Hearing Board as a special exception and subject to the limitations of Paragraph C, below.
(1)
No more than one person not residing on the premises may be employed at a maximum of 40 hours per week.
(2)
There shall be no signs, advertising, or other indication showing evidence of the existence or conduct of a home occupation.
(3)
No additional off-street parking area shall be provided to facilitate the conduct of any minor home occupation other than the off-street parking required or permitted for the particular residential use, nor shall the home occupation generate vehicular traffic such that there is a need for such additional parking.
(4)
No retail sales shall be permitted on the premises.
(5)
No business vehicle other than a pick-up truck or small van (i.e., 3/4 ton) shall be regularly parked on the property.
C.
Additional Standards for Major Home Occupations (permitted when authorized as a special exception).
(1)
No more than two persons not residents of the premises may be employed by the principal practitioner of the major home occupation.
(2)
In addition to the off-street parking spaces required for the residential use of the property, one off-street parking space shall be provided for each employee, plus one additional off-street parking space for each 400 square feet of space on the premises occupied by the home occupation; providing, however, that a total of no more than six off street parking spaces shall be permitted on one lot. Use of pervious concrete or asphalt and/or concrete or lattice block pavers for parking is required. All of street parking spaces shall be located at least 10 feet from any property line and shall be screened from view from neighboring residential properties.
(3)
No more than two business vehicles used in the practice of a major home occupation may be parked on the property on a regular basis. All business vehicles shall be parked in an enclosed structure or in an area screened from view from neighboring properties and streets.
(4)
There shall be no more than one sign, non-illuminated, and no larger that four square feet in aggregate area, identifying the name and occupation of the practitioner.
(5)
No major home occupation shall be permitted in a mobile home within a mobile home park nor in a multi-family dwelling.
(6)
Materials, products, or equipment incidental to the practice of a major home occupation may be stored outdoors only when screened from view from neighboring properties and streets in accordance with § 27-1713.
(7)
Where permitted in connection with the practice of a major home occupation, articles sold or offered for sale shall be produced on the premises, unless incidental to the principal service or use provided.
§ 27-1606 Antennae and Telecommunications Facilities.
[Ord. 162, 6/12/2002, § 1605; as amended by Ord. 179, 12/1/2004; and by Ord. 227, 11/5/2014, §§ III — V]
1.
All antennae and telecommunication facilities constructed in East Vincent Township shall comply with the following standards and regulations. No more than two antennae on a single lot attached to a building or buildings and not exceeding the peak of the roof by more than 10 feet at the highest point, may be permitted without regard to the provisions of this section where in compliance with applicable regulation of the Federal Communications Commission (FCC). Where the provisions of § 27-1607 in regard to microwave dish antennae apply, any conflicting provision(s) herein shall not apply:
A.
Purposes. The purposes of these regulations shall be as follows:
(1)
To accommodate the need for transmission and receiving of telecommunications and, in particular, provision for wireless telecommunication service as required by the Federal Telecommunications Act of 1996.
(2)
To place reasonable limitations and requirements on the locations and design of telecommunications facilities in East Vincent Township, in order to minimize potentially adverse visual effects, to preserve neighborhood character, and to avoid potential damage or harm to adjacent properties.
(3)
To encourage applicants to seek joint use of existing telecommunication facilities and tall structures and to require provision for joint use of structures used for telecommunications facilities as a condition of approval in order to reduce the number of such structures throughout East Vincent Township.
B.
Prerequisites and Conditions.
(1)
Telecommunications towers and/or antennae greater than 35 feet in height, whether free-standing or attached to another structure or building, and together with accessory facilities and/or equipment, shall be permitted when authorized by special exception in the PO, GI, and/or IMU Districts. Such facilities may be permitted up to a height of 150 feet.
(2)
Telecommunication facilities greater than 35 feet in height may be permitted in any district other than the PO, GI or IMU Districts, except the French Creek Scenic Corridor Overlay District, subject to conditional use approval and when attached to a tall building or structure devoted to an otherwise permitted principal or accessory use such as, but not limited to, electric transmission line tower, smoke stack, water tower, church steeple, silo, windmill, tall building or other similar tall structure. Such telecommunications facilities may be permitted up to a height of 65 feet or 20 feet higher than the building or structure to which they are attached, whichever is greater, but in no case shall exceed a height of 35 feet higher than the building or structure to which they are attached nor shall exceed 150 feet.
(3)
Any applicant for building permit, for approval of a special exception, or for land development approval (if applicable) for purposes of erecting a telecommunication tower in the PO, GI, or IMU District, as applicable, shall demonstrate that they have contacted owners of tall buildings or other tall structures within a 1/4 mile radius from the proposed site, requested permission to install its antenna (or other transmission and receiving device) on those structures and was denied permission for reasons other than economic ones.
(4)
Any applicant for construction or installation of telecommunications facilities regulated hereunder shall demonstrate to the satisfaction of the Zoning Hearing Board and/or Board of Supervisors, as applicable, that relevant health, safety and welfare issues have been properly addressed.
(5)
If a special exception is authorized or conditional use approved, as applicable, for the erection or installation of a telecommunications tower capable of collocation of additional telecommunications facilities, such authorization or approval may be subjected to the condition that the use of the tower will be made available to other users (even if they are in direct or indirect competition with the applicant) so long as the following apply:
(a)
There is space available on the tower.
(b)
The additional user(s) will not cause interference with the existing user(s).
(c)
The additional user(s) will not cause any health or safety problems or be hazardous to the surrounding area.
(d)
The tower has the structural capability to safely contain the communication transmitting and receiving device(s) which may be installed by any additional user(s) on the tower.
(e)
The additional user(s) has agreed to pay a fair and reasonable market rent for the use of the tower.
(f)
Any additional user(s) obtains any applicable authorization or approval for installation of additional facilities and agrees to comply with all applicable Township ordinances.
C.
Standards and Regulations.
(1)
All telecommunications towers and/or antennae over 35 feet in height must meet American National Standards Institute (ANSI)/Electrical Industry Association (EIA)/Telecommunications Industry Association (TIA222E) tower specification requirements or its latest revision. Further, due to potentially adverse weather conditions, such facilities must be built to withstand 160 miles per hour (mph) sustained winds and meet the ANSI/EIA/TIA-222E ice loading requirements for the region in which East Vincent Township is located. An independent structural engineer registered in Pennsylvania shall attest to the ability of the proposed facilities to meet these requirements and certify proper construction and/or installation. In addition, all telecommunications facilities shall conform to all applicable rules and regulations of the Federal Communications Commission and the Federal Aviation Administration.
(2)
Telecommunications facilities over 65 feet and up to 150 feet may be permitted so long as there are no structures intended for human habitation located within a distance equal to the height of the telecommunications facilities. As a condition of approval, the Zoning Hearing Board or Board of Supervisors, as applicable, may require that the applicant provide the Township with proof that easement(s) satisfactory to the Township have been obtained from landowner(s) of all lands located within a certain distance from the base of the telecommunications facilities. This distance shall be equivalent to the height of the proposed telecommunications facilities unless reduced at the discretion of the Township where a professional engineer experienced with such structures provides a certification satisfactory to the Township that the breakpoint would be such that a reduction in any easement area would be appropriate. The Township may require that such easement(s) prohibit erection of any structures and/or provide that the owner of the telecommunications facilities shall assume all liability for any damage or injury to person or property attributable to the subject telecommunications facilities within the easement area.
(3)
Owners of all telecommunications facilities greater than 35 feet in height shall secure the property boundary or, at a minimum, the base of such facilities, including any accessory or support structures, to adequately prevent unauthorized access or use. In addition to boundary security, all telecommunications towers in excess of 35 feet in height shall have an integral security platform, or other means with locked access, to prevent unauthorized climbing of such facilities. Landscape plantings shall be provided around all fencing and accessory buildings and/or structures to screen them from public views and adjoining properties.
(4)
Any accessory building and/or structure shall not be larger than what is absolutely necessary to house the equipment necessary to permit the telecommunications facilities to operate as intended.
(5)
Except to the extent prohibited by applicable law, as a condition of approval, owners of all telecommunications facilities shall be required to provide the Township with documentation satisfactory to the Township demonstrating that the emission of radio waves emanating from the antennae will neither cause harm to an individual by its operation nor cause measurable radio interference to the reception or operation of AM radios, TV and FM reception, car or cellular or portable phones, heart pacemakers, garage door openers, remote control units for models, and other radio dependent or wireless communication devices in general use within East Vincent Township and is in compliance with all FCC regulations.
(6)
If measurable radio interference does result from the installation and use of the telecommunications facilities, the owner of such facilities shall be required to cease operation immediately, until the problem is corrected, or, if the problem is not correctable, to abandon operation entirely and dismantle the facilities as required by Paragraph C(8) herein, subject to applicable FCC regulations.
(7)
The owner of any telecommunications facilities greater than 35 feet in height shall be required to routinely submit to the Township proof of performance of an annual inspection and maintenance program for such facilities. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection will result in notification to the owner to cease operation and dismantle the facilities as required by Paragraph C(8) herein.
(8)
The owner of any telecommunications facilities regulated hereunder shall notify the Township immediately upon cessation or abandonment of the operation of subject facilities. The owner shall then have 90 days in which to dismantle and remove the subject facilities from the property. At the time of issuance of the permit for the erection or installation of telecommunications facilities, the owner shall provide a guarantee in form acceptable to the Township for securing the expense of dismantling and removing said facilities. The Township Zoning Hearing Board or Board of Supervisors, as applicable, may waive the dismantling and removal of the telecommunications facilities upon petition by the owner, where the opportunity for such waiver has been made a condition of the initial approval of the telecommunications facilities, and when it has been adequately proven to the Zoning Hearing Board that another legitimate party will own or lease the facilities subject to compliance with the provisions of this section.
(9)
In addition to the above standards, all other applicable performance standards applicable to the zoning district in which the telecommunications facilities are to be located, and/or applicable provisions of the East Vincent Subdivision and Land Development Ordinance [Chapter 22], shall apply to the telecommunications facilities and any associated support facilities or structures.
(10)
For all telecommunications facilities, adequate insurance shall be maintained at all times. The owner of the facilities shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance at levels acceptable to the Township and naming it as an additional insured on the policy or policies of the owner and/or lessee. Such insurance policy shall provide for a minimum of 30 days' notice to the Township of intent to cancel. Failure to maintain and provide evidence of such insurance shall result in notification to the owner to cease operation and to dismantle the facilities as required by Paragraph C(8) herein.
§ 27-1607 Microwave Dish Antennae.
[Ord. 162, 6/12/2002, § 1606; as amended by Ord. 179, 12/1/2004]
1.
The following standards shall apply specifically to microwave dish antennae where permitted as an accessory use:
A.
The dish antennae shall be located on the same lot or unit for which it is being used, and shall remain accessory to the principal use.
B.
Free-standing dish antennae shall comply with the location and setback requirements for accessory structures provided in § 27-1602.2.
C.
The total height of a free-standing microwave antennae and supports shall not exceed 15 feet in height. Such an arrangement shall be screened, in accordance with § 27-1713. Supporting materials shall comply with applicable building codes.
D.
Except as provided in Paragraph E below, building mounted dish antennae shall be located on a portion of the roof sloping away from the front of the lot. No portion of a microwave dish antennae shall noticeably project above the ridge line of the roof. Mounting techniques shall comply with applicable building codes.
E.
Microwave dish antennae of 24 inches in diameter or smaller may be mounted anywhere on a building, and in any number, subject to applicable Building Codes.
F.
No more than one microwave dish antennae greater than 24 inches in diameter shall be permitted for each residence or principal use except where authorized by the Zoning Hearing Board as a special exception.
§ 27-1608 Residential Conversion.
[Ord. 162, 6/12/2002, § 1607; as amended by Ord. 179, 12/1/2004]
1.
The Zoning Hearing Board may authorize as a special exception, the conversion of single family dwellings existing at the effective date of this chapter into a dwelling for not more than three families, where clearly necessary to permit reasonable use of the structure and subject to the following requirements:
A.
Application to the Zoning Hearing Board for authorization of a special exception for residential conversion shall include the following:
B.
A single-family detached dwelling which is converted to a dwelling with a greater number of dwelling units shall maintain the facade and appearance of a single-family detached dwelling with a single front entrance. The dwelling units may share the single front entrance.
C.
Additional entrances, when required, shall be placed on the side or rear of the building. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall, and in no case be located on a front or side wall facing a street.
D.
External alterations to any building subject to conversion shall be minimized.
E.
The area and bulk regulations for the applicable zoning district shall be met in the same manner as applicable to a single-family dwelling.
F.
The minimum floor area for an individual dwelling unit shall be 600 square feet.
G.
Each dwelling unit shall be provided separate cooking and sanitary facilities in accordance with applicable building codes, and subject to Chester County Health Department and DEP regulations and approvals.
I.
25% of the lot area shall be designed, reserved and maintained as common open space for residents of the dwelling units. The minimum dimension of any common open space area shall be 15 feet in any direction. Stormwater detention areas shall not be counted as common open space.
§ 27-1609 Agricultural Controls.
[Ord. 162, 6/12/2002, § 1608; as amended by Ord. 179, 12/1/2004; and by Ord. 220, 7/24/2012, § 5]
1.
The following regulations shall apply in all districts in which agriculture is permitted:
A.
Standards.
(1)
To qualify as an agricultural use, the minimum lot size shall be 20 acres in the Agricultural Preservation (AP) and Rural Conservation (RC) Districts and 10 acres in all other districts.
(2)
No farm building or structure shall be constructed closer than 75 feet to a front property line nor closer than 50 feet to a side property line nor closer than 100 feet to a rear property line.
(3)
No dwelling shall be constructed closer to any abutting property than permitted by the setbacks of the applicable zoning district.
(4)
Silos and bulk bins shall be exempted from area and bulk requirements when attached to a building existing on the effective date of this chapter.
(5)
There shall be only one single-family dwelling unit per farm, except for one additional accessory dwelling unit for a caretaker.
(6)
The storage or stock-piling of manure or other odor or dust producing substance shall not be permitted within 100 feet of any abutting property, including the location of any pit or lagoon.
(7)
All grazing and pasture areas shall be contained by a fence a minimum of four feet in height.
(8)
No slaughter area shall be established closer than 100 feet to any property line.
(9)
Gardening, incidental to residential uses, shall be permitted without restriction in regard to lot size.
(10)
The use of property for agricultural purposes shall not be adversely affected by the development of adjoining property.
B.
Sale of Farm Products.
(1)
The display and sale of farm products shall be permitted provided that:
(a)
At least 50% of such products shall have been grown or raised on the property on which they are offered for sale.
(b)
Sale of farm products shall be conducted from a portable stand, dismounted at the end of the growing season, or from a permanent building under the following conditions:
1)
Such building shall be located at least 75 feet from the street line.
2)
Parking spaces shall be located behind the street line at a rate of one parking space for every 100 square feet of sales space, but not less than three spaces shall be provided. In any case, there shall be sufficient parking spaces for the use intended, as determined by the Code Enforcement Officer.
§ 27-1610 Keeping of Animals.
[Ord. 162, 6/12/2002, § 1609; as amended by Ord. 179, 12/1/2004]
1.
In any district, dogs, cats, fowl, rabbits, goats, sheep, cows, swine, ponies, horses and other animals of similar character and impact shall be kept only according to the following standards, except that in the Agricultural Preservation (AP) and Rural Conservation (RC) Districts, these standards shall apply only to non-commercial animal husbandry. Customary household pets (i.e., dogs, cats, and other small animals customarily kept in the home) shall be exempt from the acreage limitations of this section but shall comply with the general standards for keeping of animals, as applicable. This chapter has been designed to establish reasonable regulations governing the keeping of animals in order to protect human and animal health, prevent unsightly and erosion-prone land use conditions, prevent the contamination of ground and surface waters, and reduce the safety hazards of straying animals.
A.
Permitted Number of Animals. A minimum of three acres shall be required to keep one horse, cow, beef cattle, or other animal of similar size. A minimum of two acres shall be required to keep one swine, sheep, or other animal of similar size, or to keep poultry. For each additional animal, additional acreage must be available in accordance with the following chart (Animals not referenced below shall be judged according to the requirement for animals of a similar size):
Livestock, Poultry | Additional Acreage Required per Animal (beyond the initial 2 or 3 acres as applicable) |
|---|---|
Horse | 1.50 |
Cow | 1.50 |
Beef Cattle | 1.50 |
Swine | 0.15 |
Sheep | 0.30 |
Poultry, Rabbits | 0.02 |
B.
General Standards for Keeping of Animals.
(1)
No animals of any kind shall be kept in any structure or enclosure or else where on a property which will result in unhealthy or unsanitary conditions for humans or animals or cause excessive noise, objectionable odors, or pollution of groundwater or stormwater runoff to neighboring properties.
(2)
No person owning or having in his/her custody livestock or poultry shall permit the same to go at large to the injury or annoyance of others, nor shall such livestock or poultry be permitted upon the streets or other public ways of the Township. Such action is hereby declared to be a nuisance and dangerous to the public health and safety.
(3)
All animals shall have appropriate and adequate facilities for food and water. Permanent shelter shall be provided for all animals not kept in the residence including dogs, rabbits, poultry, swine, and other small domestic animals. Horses, cattle, sheep, and goats shall have loafing sheds, covered feeding areas, or other appropriate facilities. All shelters shall comply with Paragraph C as applicable.
(4)
Side and rear yard setbacks shall be maintained for all structures except that buildings for more than two cows, horses, sheep, or goats, or similar animals shall be constructed or placed at least 100 feet from any property line.
(5)
All pasture and grazing areas shall be fenced. All pasturage must consist of well maintained grasses. Muddy, or dusty, ungrassed areas shall be stabilized to prevent erosion and unsightliness.
(6)
A fenced or otherwise enclosed outside area shall be provided which is capable of containing the animals kept and is of sufficient size and properly located for good sanitation practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed and maintained so as to prevent straying.
(7)
The storage or stock-piling of manure or other odor or dust producing substance shall not be permitted within 75 feet of any abutting property or public right-of-way, closer than 100 feet to any wells, springs, sinkholes, on slopes adjacent to any lakes, ponds and streams, or within any swale or drainageway.
C.
Specific Shelter Requirements.
(1)
Sheltered area(s) of sufficient size for good sanitation practices and adequate and sanitary drainage therefor shall be provided according to the following minimum requirements:
(a)
A shelter area of 150 square feet shall be provided for each mature horse.
(b)
A shelter area of 100 square feet shall be provided for each pony, mule, donkey, cow or other livestock animal of similar size.
(c)
A shelter area of 75 square feet shall be provided for each swine or other livestock animal of a similar size.
(2)
Any permanent building placed or constructed on a property shall be designed to serve only that number of animals which is permitted in accordance with this section based on the available acreage.
(3)
All shelters shall have a roof and at least three enclosed sides.
(4)
All permanent shelters shall be designed for ease of manure removal and handling.
§ 27-1611 Junkyard.
[Ord. 162, 6/12/2002, § 1610; as amended by Ord. 179, 12/1/2004]
1.
The following regulations shall apply to junkyards where permitted:
B.
The area where junk or any other material is stored outside shall be enclosed with a wall or fence, at least eight feet in height and which is designed and constructed so as to be at least 90% solid or opaque. Use of chain-link fences with slats is not permitted. Additional use of landscaping materials and earthen berms are encouraged to achieve an effective screen.
C.
Storage piles shall not exceed eight feet in height and no more than two adjoining rows of junked cars shall be stored together.
D.
There shall be provided at least a twelve-foot wide accessway which shall be kept clear and free at all times to provide for access to all parts of the premises for firefighting and other safety or emergency purposes.
E.
Gasoline, oil, vehicle tires, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises. Such liquids and vehicle tires shall be removed and disposed of in a proper manner and shall not be deposited on or into the ground.
F.
No junk or other material shall be burned on the premises.
G.
No garbage or other waste liable to give off a foul odor or attract vermin or insects shall be kept on the premises.
H.
Positive surface drainage shall be provided and all junk shall be stored or arranged so as to prevent accumulation and/or ponding of surface water.
I.
Weeds, wildflowers, grasses, etc., shall not exceed 12 inches in height.
J.
The premises shall generally be maintained in a safe and sanitary condition at all times.
§ 27-1612 Group Homes.
[Ord. 162, 6/12/2002, § 1611; as amended by Ord. 179, 12/1/2004]
1.
The following standards shall apply to group homes:
A.
Any form of group housing shall satisfy the definition of group homes as established in Part 2 herein.
B.
The dwelling housing any form of group home shall comply with all applicable building code provisions. Area and bulk regulations shall apply in the same manner as otherwise applicable to the form of dwelling being used as a group home.
C.
The dwelling housing any form of group home shall have no external alterations except as may be necessary for reasons of safety, including fire escapes. Such access shall be located to the rear of the building where practical.
D.
Community living arrangements and half-way houses shall be provided with around-the-clock live-in supervision to insure clients receive proper professional care and that the home will function as a family unit.
E.
Community living arrangements shall be licensed and comply with the guidelines established by the Pennsylvania Department of Health.
F.
Upon the closing of a group home operation, all modifications to the dwelling associated with Pennsylvania Department of Labor and Industry and/or Township Building Code [Chapter 5] requirements shall be removed, and the dwelling brought back to its original status as a single-family dwelling. This includes the removal of handicap ramps, exit lights, panic bar doors and other institutional-oriented improvements.
§ 27-1613 Gasoline Service Stations and Quick Service Food Stores.
[Ord. 162, 6/12/2002, § 1612; as amended by Ord. 179, 12/1/2004]
1.
Where permitted, gasoline service stations and quick service food stores with accessory gasoline and diesel fuel sales shall be subject to the following supplemental regulations, in addition to those regulations of the zoning district where permitted:
A.
Minimum lot width at street and building setback line shall be 150 feet.
B.
Gasoline, oil pumps, or oiling or greasing mechanism or other service appliance installed in connection with any service station or quick service food store with accessory gasoline or diesel fuel sales may be placed within the required front yard, but in no case closer than 30 feet of any street line or property line.
C.
The Township may specify screening to be provided in front of gasoline pumps, number and sizes of permitted signs, and permitted outdoor storage of materials and display of merchandise for sale.
§ 27-1614 Campgrounds or Recreational Vehicle Parks.
[Ord. 162, 6/12/2002, § 1613; as amended by Ord. 179, 12/1/2004]
1.
A campground or recreational vehicle park may be permitted only by special exception within the GC Zoning District subject to the provisions of §§ 27-1103 and 27-1104, and in accordance with the following supplemental regulations:
A.
Tract Size: five acres minimum.
B.
Tract Density: 15 campsites per acre maximum.
C.
Campsite Requirements:
(1)
There shall be a 2,000 square foot area provided for each campsite.
(2)
No campsite shall be located closer than 40 feet to any property line.
(3)
Each campsite shall contain a vehicular parking pad, a minimum of 10 feet wide and 20 feet long, surfaced with gravel, paving or other suitable stabilized material.
(4)
No part of a recreational vehicle or other unit placed on a campsite shall be closer than 10 feet to a campsite boundary.
(5)
Campsites shall abut the campground's internal streets to provide convenient vehicular ingress and egress. No individual campsite shall have direct vehicular access onto a public street.
D.
Accessory Uses. Accessory uses such as management headquarters, recreational facilities, and other uses and structures customarily incidental to operation of a campground are permitted, provided:
(1)
Such establishments and the parking areas primarily related to their operations shall not occupy more than 8% of the campground tract.
(2)
Such establishments shall be restricted in their use to occupants of the campground.
(3)
Such establishments shall present no visible evidence from any public street of their commercial character which would attract customers other than occupants of the campgrounds.
(4)
The structure having such facilities shall not be located closer than 100 feet to any property line, and shall not be directly accessible from any public street, but shall be accessible only from a street within the campground.
E.
Vehicular Access.
(1)
All campgrounds shall be provided safe and convenient access from an improved public street. Streets within campgrounds shall be private, and street cartway width shall be a minimum of 14 feet for one-way circulation, and 20 feet for two-way circulation. No parking shall be permitted on the street cartway.
(2)
Streets shall be constructed with a stabilized cartway and maintained in good repair.
(3)
A campground shall be located so that no entrance or exit from a park shall discharge traffic onto any minor public streets.
(4)
Entrances and exits to the campground shall be located not closer than 150 feet from the intersection of public streets.
F.
Parking.
(1)
At least 1 1/2 parking spaces shall be provided in the campground for each campsite. At least one of those parking spaces shall be provided on each campsite. Other off-street parking may be provided in common parking areas.
§ 27-1615 Bus Shelters.
[Ord. 162, 6/12/2002, § 1614; as amended by Ord. 179, 12/1/2004]
1.
To provide refuge for public transit riders from adverse weather conditions, a bus shelter shall be permitted, provided all of the following requirements are satisfied:
A.
Such bus shelters shall only be permitted if the entity installing the bus shelter has a written agreement with the Board of Supervisors. Such written agreement shall specify at a minimum that:
B.
A bus shelter regulated by this section shall only be permitted abutting the Township's HR, GC, PO and GI Zoning Districts.
C.
A bus shelter shall not be located directly abutting the lot line of an existing single-family detached dwelling.
D.
The bus shelter shall be located to avoid interference with sight distances as specified in Township ordinances or any applicable standards of the Pennsylvania Department of Transportation (PennDOT), whichever is more restrictive. Bus shelters shall be permitted in the street right-of-way.
E.
Such shelters shall be durably constructed. For security and safety purposes, the majority of the bus shelter shall be constructed of clear lexan, plexiglass, or clear tempered safety glass. In addition, the roof may be constructed of translucent plexiglass or another suitable material. Bus shelters shall not exceed 45 square feet and nine feet in height.
F.
All lighting of the shelter and the signs shall be installed in such a way that the source of the light is shielded from direct view of abutting properties and from foot traffic along the street(s), and so that noxious glare is not created. Illumination shall not exceed 0.5 footcandles and shall be shielded so as to minimize the off-site impact of the ill urination.
G.
The only signs that shall be permitted shall be those that conform to the provisions of § 27-1717 and permitted by any written agreement, in addition to the maps and schedules providing information regarding the public transit service.
H.
Advertising and signage in a bus shelter, except for route map and schedule information, shall be limited to one double-faced panel, or side, of the bus shelter, otherwise, all bus shelter panels, or sides, shall allow unobstructed views into the Shelter. Such advertising and signage shall conform to § 27-1717.2 of this chapter.