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East Whiteland Township
City Zoning Code

ARTICLE XV

Supplementary Uses

§ 200-94 Seasonal sales.

Seasonal sales, limited to sales of flowers, plants, trees, and arrangements of the same, may be conducted, subject to the following:
A. 
Such uses shall be limited to a period of two weeks preceding Valentine's Day, Easter, Mother's Day, Father's Day, and Christmas.
B. 
Such uses shall not be conducted from a motor vehicle or trailer.
C. 
A permit is obtained.

§ 200-95 Promotional sales.

Temporary, short-term retail activities associated with established property owners and businesses in the Township, including sidewalk sales and product promotions including displays, introductions, expositions, and presentations, may be conducted, subject to the following:
A. 
Such uses may occur for a maximum duration of four continuous days two times each calendar year for any lot or business establishment.
B. 
The display area for such uses shall not exceed 10% of the lot area.
C. 
Such uses shall not obstruct pedestrian or automobile traffic.
D. 
Goods or displays shall be located a minimum of six feet from any cartway.
E. 
Signage shall be in accordance with Article XIII of this chapter.
F. 
A permit is obtained.

§ 200-96 Special events. [1]

[Added 5-21-2024 by Ord. No. 359-2024th nest in baltimore]
A. 
Purpose and intent. It is the purpose of this section to establish regulations for the issuance of permits for special event in the Township; to mitigate potential impacts to the public health, safety, and welfare of the residents and visitors of the Township; to provide procedures required to administer the permit process; and to establish standardized fees (which may be changed from time to time by resolution) for such permits. It is not the purpose or intent of this subsection to create or provide opportunities for uses or activities in either residential or nonresidential zoning districts which are significantly out of character with their surroundings, or which generally would not be permitted to be conducted within the underlying zoning district as an accessory use.
B. 
Supplemental or accessory use. The special event shall be considered a limited supplemental or limited accessory use to the principal use.
C. 
Permit. An application for a special event permit shall be submitted to the Township and shall be reviewed and approved by the Zoning Officer in order to conduct a special event. The Zoning Officer may distribute the application to additional Township Departments for review. The permit application shall be on a form provided by the Township and shall be submitted with all required information and documentation, including payment of the permit fee, at least 60 days prior to the scheduled date of the special event. The following requirements must be submitted with the permit application:
(1) 
A site plan which shall, at a minimum, clearly depict the property boundary, the proposed area where the special event is proposed to occur, and any existing structures or other physical improvements in the immediate proximity of the event area. Areas which will be designated for event parking, pedestrian routes, sanitation facilities, food and beverage, tents, stages, barricades, amplification equipment, signage, seating, and other facilities (as applicable) shall be identified on the site plan. Additional information and submission requirements are contained within the corresponding permit application form.
(2) 
An application submitted by anyone other than the property owner shall also provide, at the time of application, written permission from the property owner or other person(s) or party(ies) legally responsible for the property or area where the special event is to be conducted.
(3) 
A temporary business license, retail sales license, or solicitation permit must be obtained (as applicable) by all commercial entities, vendors, or merchants prior to issuance of the special event permit, unless said entity is already licensed or registered with the Township. It is not the intent of this section to require non-commercial entities involved in special events to obtain licenses and permits that would otherwise not be required.
(4) 
All temporary signs shall be in compliance with § 200-83E(3) and must be approved prior to the issuance of the special event permit.
(5) 
Liability insurance, to the satisfaction of the Township, is required for events that are held on Township property, including, but not limited to, parks, historic structures, streets, trails, or municipal facilities. A copy of the insurance certificate must be submitted with the policy naming the Township as an "additional insured."
(6) 
Noise, including but not limited to amplified music, shall be permitted only in accordance with Article II of this chapter and Chapter 133 (Peace and Good Order). At a minimum, no amplification of any kind shall be permitted between the hours of 9:00 p.m. and 7:00 a.m.
(7) 
If food or beverage are included in the event, provisions for appropriate recycling and trash containers must be provided. Chester County Health Department approval may also be required (as applicable).
(8) 
If the event includes a tent or temporary structure which would require building permits in accordance with the Township Building Code, a building permit shall be required prior to issuance of the special event permit.
(9) 
The Township shall determine, based on the scope of the special event whether such public services as fire, ambulance, and/or police may be needed to ensure the health, safety, and welfare of attendees and general public. The Township shall have sole discretion to determine if those services are needed and the applicant may be subject to the imposition of fees for such services.
(10) 
Activities may not inhibit or block safe access to emergency responders, adversely impact site access, or impact parking required to adequately serve the facility for any underlying, principal, or accessory uses on the subject property or on surrounding properties.
(11) 
Permits for special events shall be limited to no more than six occurrences per calendar year. The duration of the event for each permit shall not exceed seven days per event (i.e., each occurrence). The total number of days that a special event is permitted to occur at a property (regardless of the number of occurrences or the duration of each occurrence) shall not exceed 21 days per calendar year.
(12) 
A special event shall include access to restrooms, portable toilets, or other accessible sanitation facilities.
(13) 
Any other required permits shall be obtained prior to the event if lighting, temporary construction, or sanitary facilities are proposed.
(14) 
Permits are non-transferable between other events, properties, or entities involved in organizing such events.
D. 
Cleanup. All items used for the special event shall be removed within 24 hours of the end of the special event. The property shall be kept reasonably clean at all times during the event.
E. 
Denial of permit. Permit applications pursuant to this section may be denied on the grounds of administrative incompleteness, lack of compliance with the regulations outlined above, or concerns over adverse impacts that may be generated by the event. All denials shall be accompanied by a written explanation of the grounds for denial by the Zoning Officer.
F. 
Appeal of denial. All appeals pertaining to the requirements of this chapter, including the denial of permit applications as outlined in Subsection E (above) shall be processed in accordance with Article XVIII, Appeals and Adjudications.
[1]
Editor’s Note: Former § 200-96, Special events, was repealed 11-14-2018 by Ord. No. 303-2018.

§ 200-97 Produce or farm stands.

Produce or farm stand uses are permitted, subject to the following:
A. 
Such uses shall be open for business for no more than six months in any calendar year.
B. 
At least 50% of the products sold shall be grown on the property upon which the produce or farm stand is located.
C. 
Any signage associated with such uses shall be affixed to the stand and, in aggregate, shall not exceed 20 square feet in area.
(1) 
Signage may contain the name of the stand but shall only contain advertising that pertains to the produce sold at the stand.
(2) 
Signage may be in place only during active business hours.
(3) 
Such signage does not require a sign permit.
D. 
Such use shall not be located within any right-of-way and shall be a minimum of 20 feet from any cartway.
E. 
No produce or farm stand shall be erected or maintained that may cause danger to traffic on a street, sidewalk, or public way by obscuring the view or by inhibiting vehicular or pedestrian movement.
F. 
A permit is obtained.

§ 200-98 Yard sales.

A Township resident may conduct a yard sale subject to the following:
A. 
Items to be offered for sale shall belong to the resident and not be purchased for the purposes of resale on the residential premises.
B. 
Such uses shall be limited to not more than four days in any calendar year.

§ 200-99 Contractor's office, construction equipment sheds, and trailers.

A contractor's office, and construction equipment sheds and trailers may be erected and maintained where such uses are incidental to a permitted construction project and subject to the following:
A. 
A permit is obtained.
B. 
Such facilities shall not contain sleeping or cooking accommodations.
C. 
Maximum length of a permit shall be one year.
D. 
Such facilities shall be removed upon completion of the construction project.

§ 200-100 Real estate sales offices.

Real estate sales offices may be erected and maintained where such uses are incidental to a permitted new development and subject to the following:
A. 
A permit is obtained.
B. 
Such facilities shall not contain sleeping or cooking accommodations.
C. 
Maximum length of a permit shall be one year.
D. 
Such facilities shall be removed upon completion of the development.