Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter:

No adult use nor its parking area shall be located within the following distances, whichever is greater:

No adult use shall be located within 1,000 linear feet of any existing adult use.

A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 246-65, but with plantings of an initial minimum height of five feet.

No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

No adult use shall be used for any purpose that violates any federal, state or municipal law.

See § 246-58, Prohibited signs.

The adult use shall not include the sale or display of obscene materials, as defined by Pennsylvania criminal law, as may be amended by applicable court decisions.

An adult use shall be prohibited in all districts except where specifically permitted by Article III.

A minimum lot area of one acre is required.

For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor between employees or entertainers and customers. This shall include, but not be limited to, a prohibition on lap dancing.

Only lawful massages as defined by state court decisions shall be performed in a massage parlor.

All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment facility.

Any application for such use shall state the names and home addresses of all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use, and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year, in writing, to the Zoning Officer.

The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.

As specific conditions of approval under this chapter, the applicant shall prove compliance with the following state laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.),[1] Act 207 of 1990 (which pertains to obscenity)[2] and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).[3]

The use shall be fully licensed by the state, if required by the state.

The use shall include constant supervision during all hours of operation.

The use shall not meet the definition of a "treatment center."

All the regulations for a cemetery in this section shall apply.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will be conducted in such a manner that the public health and groundwater quality will not be threatened.

No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 246-65.

See light and glare standards in § 246-42.

See parking requirements in Article VI.

Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.

All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.

All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article V. See buffer yard requirements in § 246-65.

Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.

Overnight outdoor storage of junk other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.

Any junk vehicle (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.

Service bay doors shall not face directly toward an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.

See definition of this term and "auto repair garage" in Article II. The uses may be combined, if the requirements for each are met.

All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray painting.

Fuel pumps shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.

Overnight outdoor storage of junk shall be prohibited within view of a public street or dwelling. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.

Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.

The use may include a convenience store if the requirements for such use are also met.

A canopy shall be permitted over the gasoline pumps with a minimum front yard setback of 20 feet from each street right-of-way line.

Within a residential district (where permitted under Article III), a maximum of five rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.

One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed-and-breakfast inn shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.

There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of six square feet on each of two sides and with a maximum height of eight feet. No internal lighting of the sign shall be permitted.

Within a residential district, the use shall have a residential appearance and character.

The use shall be operated and/or managed by permanent residents of the lot.

There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.

No guest shall stay for more than 14 days in any month.

The use shall be restricted to buildings that existed prior to January 1, 1940.

Minimum lot area shall be one acre.

Minimum side yard building setback shall be 30 feet.

Minimum lot width shall be 200 feet.

Maximum density shall be six bedrooms per acre, and shall serve a maximum total of 20 persons.

Each bedroom shall be limited to two adults each.

A buffer yard with screening meeting § 246-65 shall be provided between any boardinghouse building and any abutting dwelling.

Signs shall be limited to two wall signs with a maximum of two square feet each.

Rooms shall be rented for a minimum period of five consecutive days.

For each acre of total lot area, there shall be a maximum average of three recreational vehicle sites, four tent sites, or cabin sleeping capacity for eight persons. Such sites may be clustered in portions of the tract.

Any store shall be limited to sales of common household and camping items and shall be primarily intended to serve persons camping on the site.

A commercial campground shall include at least one stone or paved entrance road from a public street, with a minimum width of 20 feet. The first 100 feet of the campground road from a paved public street cartway shall be paved.

Minimum lot area shall be five acres in a commercial or industrial district, 20 acres in any other district where the use is permitted under Article III.

All campsites, recreational vehicle sites, buildings and vehicle parking shall be set back a minimum of 150 feet from all residential lot lines and 75 feet from all other lot lines and street rights-of-way. Any existing healthy trees within such setback shall be preserved, except at needed perpendicular entrance road and utility crossings.

Buildings used for sleeping quarters shall not be within the 100-year floodplain. No campsites or buildings shall be located on slopes over 15% slope.

Maximum impervious coverage shall be 10%, which shall include the typical lot area covered by recreational vehicles at full capacity.

No person other than a bona fide resident manager/caretaker shall reside on the site for more than six months in any calendar year. No recreational vehicle shall be occupied on the site for more than six months in any calendar year by any one individual or one family, other than a resident manager/caretaker.

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.

Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.

Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

No portion of a car wash shall be located within 100 feet from the center line of a perennial waterway.

Minimum lot area shall be five acres, which shall be reduced to one acre if the applicant proves that most of the water used in the operation will be recycled on-site.

The drive-through provisions of § 246-35 shall not apply to a car wash.

Minimum lot area shall be two acres, which may be on the same lot as an allowed place of worship.

A crematorium, where allowed by Article III, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.

All structures and graves shall be set back a minimum of: 30 feet from the future right-of-way of any public street, 10 feet from the cartway of an internal driveway, and 20 feet from any other lot line. Any buildings with a height greater than 20 feet shall be set back a minimum of 50 feet from all lot lines.

No grave sites and no structures shall be located within the 100-year floodplain.

The applicant shall prove to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that the use will include an appropriate financial system to guarantee perpetual maintenance.

An accessory commercial communications antenna shall be permitted by right in any district if it meets the following requirements:

Any commercial communications antenna/tower that does not meet Subsection A(14)(a) above (such as a new freestanding tower) shall only be allowed where specifically authorized in § 246-26, and in compliance with the following additional regulations:

Purposes. These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this chapter:

A tower/antenna that is intended to primarily serve emergency communications by a Township-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right. Such tower/antenna may also serve commercial purposes.

Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer, in writing, after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed.

All accessory utility buildings or cabinets shall have a maximum total floor area of 400 square feet (which may be divided among adjacent buildings serving separate companies), have a maximum height of 10 feet and meet principal building setbacks.

See Article III, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.

The following regulations shall apply to the conversion of an existing one-family dwelling into a greater number of dwelling units:

A previously residential building shall maintain a clearly residential appearance, except as may be necessary for restoration of a historic building.

Dumpster screening. See § 246-68.

A maximum total of four dwelling units may be developed per lot unless a more restrictive provision is established by another section of this chapter, unless the building included more than 4,000 square feet of building floor area at the time of adoption of this chapter.

Each unit shall meet the definition of a dwelling unit and shall meet the minimum floor area requirements of § 246-63C.

See also day care: family day-care home or group day care as an accessory use in § 246-35.

The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license.

Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.

In residential districts, where permitted as a principal use, a day-care use shall have a minimum lot area of 30,000 square feet and a minimum setback for buildings and outdoor play areas of 25 feet from an abutting residential lot line.

The use shall include secure fencing around outdoor play areas.

This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

In residential districts, any permitted day-care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

A day-care use may occur in a building that also includes permitted or nonconforming dwelling units.

See also the standards for a "place of worship" in this section, which allows a day-care center as an adjunct use.

The applicant shall provide a written report by a professional hydrologist describing in technical detail and in a narrative understandable by a layperson how the proposal would affect wells, agricultural activities and surface water levels in the surrounding region. The application shall only be approved if the applicant proves to the satisfaction of the Zoning Hearing Board that the proposed application will not adversely affect wells of neighboring properties, considering drought conditions, nor aquatic habitats of surface waters, nor agricultural yields.

The applicant shall provide a written report by a professional engineer with substantial experience in traffic engineering. Such study shall analyze the suitability of the area street system to accommodate the truck traffic that will be generated. The application shall only be approved if the applicant proves to the satisfaction of the Zoning Hearing Board that the area street system is suitable in terms of structure, geometry, safety and capacity to accommodate the additional truck traffic.

Any area used for loading or unloading of tractor-trailer trucks shall be set back a minimum of 150 feet from any adjacent residential lot.

Minimum lot area shall be 100 acres.

Any bottling or processing operations shall be considered a distinct use and shall only be allowed if food or beverage manufacturing is an allowed use under § 246-26.

The use shall meet the definition in § 246-20.

A group home shall not include any use meeting the definition of a "treatment center."

A group home shall include the housing of a maximum of six unrelated persons, except:

The facility shall have adequate trained staff supervision for the number and type of residents. If the facility involves five or more residents, then twenty-four-hour on-site staffing shall be provided.

The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.

The group home shall register, in writing, its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.

Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.

Parking. See § 246-45.

If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.

The persons living on-site shall function as a common household unit.

See definitions in Article II, which distinguish a hotel/motel from a boardinghouse.

Buildings and tractor-trailer truck parking shall be a minimum of 50 feet from any residential lot line.

Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on-site and routinely awaiting pickup.

Outdoor storage of junk shall be at least 100 feet from any residential lot line, and 50 feet from any other lot line and the existing right-of-way of any public street.

The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 246-65, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

Burning or incineration is prohibited.

See the noise or dust regulations of Article V.

All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

Lot area shall be two acres minimum, 20 acres maximum.

Tires. See the outdoor storage and display standards in § 246-35.

Any storage of junk shall be maintained a minimum distance of 100 feet from the center line of any waterway, and shall be kept out of a drainage swale.

All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.

No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

See state law regulating kennels.

Minimum lot area shall be six acres.

Minimum lot area shall be five acres. The provisions of this section shall apply to uses beyond animals allowed under the keeping of pets provision.

Any structure or concentrated feeding areas for the keeping of livestock or poultry shall be located by a minimum of 200 feet from any lot line of an existing dwelling, and 50 feet from all other exterior lot lines. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative.

The setbacks from property lines shall not apply from dwellings or residential lots owned by:

Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property.

For any new or expanded operation regulated under the state Nutrient Management Act,[5] the applicant shall provide evidence to the Township that the nutrient management plan and other requirements of the Act and accompanying regulations are being complied with.

New or expanded manure storage facilities or structures or concentrated feeding areas used for the keeping of livestock or poultry shall not be located:

New or expanded manure storage facilities shall not be located within 200 feet of a property line.

Solid and liquid wastes will be disposed of in a manner that minimizes insect, odor and rodent nuisances. A written odor control plan shall be submitted and shall be complied with if approved. Such plan shall describe methods that will be used to properly dispose of dead animals.

See definition in Article II.

Any active outdoor play areas shall be set back at least 30 feet from any abutting residential lot line.

The use shall comply with the provisions for an after hours club, if applicable.

Application requirements. A copy of all site plan information that will be required by the Pennsylvania DEP shall also be submitted to the Township as part of the zoning application.

A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Township permits.

After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

A seventy-five-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one shade tree for each 50 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence. Where existing substantial trees and other vegetation exist within this yard, they shall be preserved, except where necessary for a berm or appropriately perpendicular driveway crossings. New trees shall not be required where preserved trees will serve the same purpose.

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:

The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.

Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.

Fencing. The Zoning Hearing Board may require secure fencing in locations where needed to protect public safety. As an alternative, the Zoning Hearing Board may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed at intervals of not less than 100 feet around the outer edge of the use.

Noise and performance standards. See Article V.

County Conservation District. A soil erosion and sedimentation plan shall be prepared by the applicant and found to be acceptable to the County Conservation District.

Hours of operation. The Zoning Hearing Board, as a condition of special exception approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede local construction codes for the actual construction of the home itself.)

Each site shall be graded to provide a stable and well-drained area.

Each home shall have hitch and tires removed.

Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home, with a secure base for the tie-downs. The anchoring devices shall extend below the frost line.

Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection A(27)(e) shall not apply within a manufactured/mobile home park. Metal skirting may only be permitted within a manufactured/mobile home park. Provisions shall be provided for access to utility connections under the home.

The front door of the home shall face onto a public street, except within a mobile home park.

See also the regulations of § 246-27.

Plans and permits.

The minimum tract area shall be two contiguous acres, which shall be under single ownership, but which may include land in an abutting existing mobile home park.

Density. The maximum average overall density shall be 3.5 dwelling units per acre. To calculate this density:

Landscaped perimeter. Each mobile/manufactured home park shall include a twenty-five-foot-wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception approval. Such landscaped area shall not be required between adjacent mobile home park developments. This landscaped area shall be 35 feet wide abutting existing single-family detached dwellings. The same area of land may count toward both the landscaped area and the building setback requirements.

A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.

The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.

The minimum principal and accessory building setbacks from exterior/boundary lot lines shall be 40 feet.

Each home shall comply with the above requirements for mobile/manufactured homes in this § 246-34.

Accessory structures. A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.

Common open space for a mobile home park. A minimum of 20% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall, at a minimum, include a rectangular grass field 100 feet by 200 feet suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall at a minimum include landscaped paved trails. A recreation building or pool available to all residents of the development may count toward this requirement.

Streets.

Utilities. All units within the mobile home park shall be connected to a central water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements.

All areas used for the racing, testing and maintenance of motor vehicles shall be set back a minimum of 400 feet from the lot line of an existing dwelling.

All buildings, parking, loading and unloading areas shall be set back a minimum of 150 feet from the lot line of an existing dwelling.

The applicant shall prove that the standards of Article V will be met, including noise, lighting and dust.

Minimum lot area shall be 50 acres.

Licensing. See definition in Article II.

A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

All activity areas shall be a minimum of 250 feet of an existing dwelling on another lot. All parking areas shall be set back 100 feet from any residential lot line. The use shall not operate between the hours of 11:00 p.m. and 7:00 a.m.

See noise and glare standards in Article V.

Minimum lot area shall be five acres.

Minimum lot area shall be two acres in a residential district, unless a larger lot area is required by the applicable zoning district. In a commercial or industrial district, a place of worship shall meet the standard minimum lot area requirement.

Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship, provided that the requirements for such uses are also met. Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.

A maximum of one dwelling unit may be accessory to a place of worship on the same lot, to house employees of the place of worship and/or an employee and his/her family. Such dwelling shall meet the maximum number of unrelated persons in the definition of a "family." No other residential use shall be allowed.

If within a residential district, any new place of worship shall be adjacent to an existing collector or arterial street that is in public ownership.

Minimum building setback from a lot line of an existing dwelling in a residential district shall be 60 feet.

Minimum parking setback from a lot line of an existing dwelling in a residential district shall be 20 feet.

Any outdoor activity area shall be located no closer to any lot line than the required front yard depth and shall be screened and, if necessary, sound insulation shall be provided to protect the neighborhood from any possible noise.

A twenty-foot-wide buffer yard in accordance with § 246-65 shall be required.

Any swimming pool shall meet the requirements for such use, as stated in this article.

Lighting, noise and glare control. See Article V.

The minimum lot area shall be 10 acres, unless a more restrictive lot area is established by another section of this chapter.

Maximum impervious coverage in any residential district shall be 5%.

Maximum building coverage in any nonresidential district shall be 15%.

A site plan meeting the requirements of Article I shall be submitted to the Township.

No portion of an outdoor recreation use used for active recreation shall be located within 100 feet of a residential lot line.

Wherever woods exist adjacent to an exterior lot line of the use, such woods shall be preserved within at least 50 feet of such lot line, except for approved driveway, utility and trail crossings.

Hours of operation. The use shall be conducted only between the hours of 9:00 a.m. and 10:00 p.m., unless more restrictive hours are established as a condition of any needed approval.

Any restaurant, tavern, retail store, target range, campground or picnic ground use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.

This use shall not be bound by the requirements of a solid waste disposal facility.

All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

Adequate provision shall be made for movement of trucks if needed and for off-street parking.

A twenty-foot-wide buffer yard with screening as described in § 246-65 shall be provided between this use and any abutting residential lot line.

This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.

Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on-site.

The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.

The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.

The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.

Screening of dumpster and waste containers. See § 246-68.

See drive-through service in § 246-35.

Drive-through service shall only be provided where specifically permitted in the applicable district regulations.

Minimum lot area shall be two acres in a residential district. In any other district, the use shall meet the standard minimum lot area requirement for that district.

No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.

The use shall not include a dormitory unless specifically permitted in the district.

All storage units shall be of fire-resistant construction.

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.

Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

See § 246-65 concerning buffer yards. In addition, any outdoor storage or garage doors within 200 feet of a street right-of-way and visible from the street shall be screened from that street by a buffer yard meeting § 246-65. Any fencing shall be placed on the inside of the plantings.

Minimum separation between buildings shall be 20 feet. Maximum length of any building shall be 300 feet.

All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, 100-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than 1/2 acre in area.

All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any residential district, perennial creek, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase.

The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.

No burning or incineration shall occur, except within an approved waste-to-energy facility.

The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township. Violations of this condition shall also be considered to be violations of this chapter.

Open dumps and open burning of refuse are prohibited.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash-hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the Township.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not routinely create noxious odors off of the tract.

A chain-link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. The Board shall require earth berms, evergreen screening and/or shade trees as needed shall be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.

A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.

Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

Attendant. An attendant shall be present during all periods of operation or dumping.

Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

Under authority granted to the Township under Act 101 of 1988,[7] the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.

Tires. See outdoor storage and display in § 246-35.

Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter will be met.

State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Township and state levels, the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to Pennsylvania DEP at the same time as they are submitted to DEP.

For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface draining to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.

Minimum lot area shall be two acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.

Any horse barn, feed areas, manure storage areas or stable shall be a minimum of 250 feet from any residential lot line. Any corral or fenced-in area shall be set back a minimum of 50 feet from any residential lot line.

Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek. Manure shall not be stored within 100 feet of a perennial waterway.

The water surface shall be set back at least 50 feet from any existing dwelling.

Minimum lot area shall be one acre.

Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 246-65.

The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.

Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.

All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety.

The design of the outdoor firearms target range shall be compared by the applicant with applicable published guidelines of the National Rifle Association. The Zoning Hearing Board may consider such guidelines to be the generally accepted standard for the safety of these facilities.

An outdoor firearms target range and any firing stations shall be located a minimum of 250 feet from any residential lot line, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.

An outdoor firearms target range shall be properly posted. The Zoning Hearing Board may require fencing as necessary.

The applicant shall provide evidence that the noise limits of Article V will be met.

An indoor firearms target range shall be adequately ventilated and/or air-conditioned to allow the building to remain completely enclosed.

A target range shall only be used for types of firearms or other weapons for which it was specifically designed. Automatic weapons shall not be used.

An outdoor target range shall not be used during nighttime hours. Maximum hours and days of operation may be established as a condition of the zoning approval.

Minimum lot area for an outdoor firearms target range shall be 10 acres, unless a more restrictive provision is established by another provision of this chapter.

See § 246-65. Wherever woods exist adjacent to an exterior lot line of an outdoor firearms target range, such woods shall be preserved within at least 100 feet of each such lot line, except for approved driveway, utility and trail crossings.

It is the intent of this subsection to promote management of forests for long-term benefits; promote good forest stewardship; protect adjoining property owners; minimize the potential for adverse environmental impacts; and avoid unreasonable restrictions on timber harvesting.

Applicability. This subsection applies to all timber harvesting when the total harvesting area is 1/2 acre or greater in a calendar year, which shall require a permit. These provisions shall not regulate the cutting of up to 10% of trees with a trunk diameter of six inches or greater (measured 3.5 feet above the ground level) on a lot in any calendar year tract, provided such cutting does not involve clear-cutting but instead involves routine thinning of woods. These provisions also shall not regulate cutting of trees with a trunk diameter of less than six inches (measured 3.5 feet above the ground level). These provisions shall not regulate tree cutting that the applicant proves is necessary to accommodate a Township-approved subdivision, land development, street, driveway, building or use.

Application requirements. An application for timber harvesting shall be made a minimum of 60 days prior to the start of work. No timber harvesting shall occur until a permit has been issued by the Zoning Officer.

Timber harvesting plan.

Timber harvesting practices.

Public road responsibility. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. The Township may require the landowner or operator to furnish a bond to guarantee the repair of such damages. Such bond shall remain in full force until the Zoning Officer issues a written notification that all provisions of this chapter and the permit have been complied with. In lieu of such bond, the operator or landowner may post a cash deposit or certified check with the Township.

Tree removal as part of an approved subdivision. If a stormwater management plan for a subdivision or land development assumes that a certain percentage of the tract will remain wooded, then the Board of Supervisors may require conservation easements to be put into effect by the subdivider to permanently limit tree removal on each lot so that such percentage of woods will remain in place. The enforcement mechanism for such easement shall be approved by the Board of Supervisors. The Board of Supervisors may require that the easement be enforceable by the Township and/or by any adjoining property owner.

The maximum number of townhouses that shall be attached in any manner shall be eight. The maximum number of apartments that shall be within a building shall be 12.

Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.

Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.

Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.

Common open space. A minimum of 30% of the total lot area of the development involving townhouses and apartments and their accessory uses shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall at a minimum include a rectangular grass field 100 feet by 200 feet that is suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall, at a minimum, include landscaped paved trails. A recreation building or pool available to all residents of the development may count toward this requirement. Areas with a width of less than 50 feet shall not count toward this requirement. This requirement shall be in place of any requirement for recreation land or fees under Chapter 225, Subdivision and Land Development.

Buffer. Within a minimum of 50 feet from the existing right-of-way of an arterial or collector street and from any lot line of an existing single-family detached dwelling, a forested buffer shall be maintained or planted. This provision shall not prohibit routine thinning of woods, provided that a substantial forested buffer remains in place. Trees may also be removed where necessary for utility crossings, entrance roads or safe vehicle sight distance. This buffer requirement shall not apply along a lot line of an existing dwelling that is more than 200 feet from the lot line. This buffer may count toward the common open space requirement.

See definition in § 246-20.

The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life the permit. Any future additions to this list shall require an additional special exception approval.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.

The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

If the use involves five or more residents, a suitable recreation area shall be provided that is supervised by the center's staff.

Minimum lot area shall be one acre.

Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

Animals undergoing treatment may be kept as an accessory use. However, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

It is the intent of this supplemental regulation that a grower and processor of medical marijuana shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same district so as to comply with Section 2107(1) of the Pennsylvania Medical Marijuana Act, Act 16 of 2016.

Medical marijuana may only be grown and processed in an indoor, enclosed, and secure building, which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. Solid or liquid waste by-product or remnants generated from the operation shall also be stored in the enclosed secured principal building until picked up for transportation to a facility authorized to accept such waste. Storage of medical marijuana waste remnants in an accessory building or waste refuse container located outside of the principal building is prohibited. Loading areas shall be located within the principal building.

Growing and processing of medical marijuana shall be limited to wholesale products for sale to another medical marijuana facility. Retail sales of medical marijuana, including the operation of a medical marijuana dispensary on the same property as the growing and processing operation, are prohibited.

The use may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center unless a waiver is granted by the Pennsylvania Department of Health.

All outdoor lighting shall be directed away from adjoining properties and public rights-of-way.

Off-street parking and loading spaces shall be provided in a accordance with Article VI of this chapter. The required number of off-street parking spaces for the use shall be one space for every 2,000 square feet of gross floor area, plus one space for every two employees on the maximum working shift. The required number of loading spaces for the use shall be one space for every 7,500 square feet of gross floor area.

A screen or buffer under § 246-65 of the Zoning Ordinance is required where the use adjoins a residential district or use.

The use shall obtain a permit and approval from the Pennsylvania Department of Health and the user shall provide a copy of that approval to the Township.

It is the intent of this supplemental regulation that a medical marijuana dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same district so as to comply with Section 2107(2) of the Pennsylvania Medical Marijuana Act, Act 16 of 2016.

The use shall be conducted in an indoor, enclosed, permanent, and secure building. The use shall have a single secure public entrance that is not shared with any other use or user, and shall not be located inside the same physical space or area of another retail commercial property. The use shall not have a drive-through or outdoor seating. All storage areas shall be separately locked. The medical marijuana shall not be administered or consumed on-site. The user shall implement appropriate security and surveillance measures as required by the Pennsylvania Department of Health.

A medical marijuana dispensary may not operate on the same property as a grower and processor of medical marijuana.

A medical marijuana dispensary may only dispense medical marijuana to patients and caregivers.

The use may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center unless a waiver is granted by the Pennsylvania Department of Health.

All outdoor lighting shall be directed away from adjoining properties and public rights-of-way.

Off-street parking and loading spaces shall be provided in a accordance with Article VI of this chapter. The required number of off-street parking spaces for this use shall be one space for every 300 square feet of gross floor area. The required number of loading spaces for this use shall be one space for every 10,000 square feet of gross floor area or fraction thereof.

A screen or buffer under § 246-65 of this Zoning Ordinance is required where the use adjoins a residential district or use.

The use shall obtain a permit and approval from the Pennsylvania Department of Health, and the user shall provide a copy of that approval to the Township.

The minimum lot size shall not be less than four acres.

Access drives shall be sufficient in width to accommodate the use, but in no event exceed 25 feet in width. Access drives must connect to a public street.

A screen or buffer under § 246-65 of this Zoning Ordinance is required where the use adjoins a residential district or use.

All outdoor lighting shall be directed away from adjoining properties and public rights-of-way.

No medical marijuana, marijuana plants, seeds or other raw materials, or any waste generated from a medical marijuana facility shall be stored on-site or within a truck or delivery vehicle on-site.

No parking, loading, idling, storage of any kind, or trucking use shall be allowed within the buffer yard. All truck idling in excess of 15 minutes shall be prohibited.

Any licenses, permits, or approvals required by the Pennsylvania Department of Health for the use or user must be obtained and a copy provided to the Township.

The use shall be located not less than 250 feet from any street right-of-way, lot line, 100-year floodplain, edge of a surface water body, creek, stream or wetland; and not less than 1,000 feet from any residential zoning district, or lot line where a residential dwelling unit, public, private, or parochial school or day-care center, place of worship, or public recreational activity is located.

The days and hours of operation shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m. and Saturday from 8:00 a.m. to 4:00 p.m. The facility shall not conduct any approved operations at any other times and deliveries shall only be permitted during the permitted hours of operation.

The property shall have one point of ingress and egress, which shall be from a public road sufficient in size to accommodate the proposed traffic generated from the use. The access drive shall be improved in accordance with the Fairview Township Subdivision and Land Development Ordinance.[8] A second access drive shall be provided, but restricted to use by emergency vehicles only, and shall be clearly marked and identified as such. The application shall also be accompanied by a plan of the site that includes the location of access drives and proposed structures, and an emergency response plan to address potential safety concerns associated with the use.

The property shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare.

The proposed use shall have a minimum lot size of five acres and a maximum lot size of 10 acres, whether developed initially or cumulatively, with a maximum total capacity to treat or dispose of waste of not more than 500 tons per day.

Except for the required access drives (which shall be secured by locked gates, which may only be open during business hours), the property shall be completely screened by a wall or fence not less than eight feet in height and a planting strip not less than five feet in depth, with shrubbery, plants or evergreen trees which are a minimum of six feet in height at the time of planting. This area must then be suitably landscaped and maintained with a schedule to be approved by the Township. In addition, an attendant shall be present during all periods of the operation to ensure that only authorized waste is accepted, the access drives remain unobstructed, and waste is properly stored and disposed of.

Loading and unloading of waste shall occur within an enclosed building, and no outdoor storage of waste shall be permitted. Waste material shall be secured until properly disposed of in accordance with state law.

All applications shall include the same information, written materials and plans that are to be submitted to the Pennsylvania Department of Environmental Protection, and/or the Pennsylvania Department of Health, as part of the state permitting and approval process.

All outdoor lighting shall be directed away from adjoining properties and public right-of-ways.

The property may not be used as a medical marijuana dispensary or as a grower and processor of medical marijuana.

Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.

Anchoring. An antenna shall be properly anchored to resist high winds.

A container shall be permitted by right in the Neighborhood Commercial (NC) Zoning District; the Highway Commercial (HC) Zoning District; the Light Industrial (LI) Zoning District; and the General Industrial (GI) Zoning District. No container shall be permitted in any other zoning district within the Township.

Containers shall only be permitted in the side or rear yard and shall meet the following dimensional requirements:

A container may not be located within a street right-of-way, fire lane, accessway, driveway, parking space, loading facility, or in a manner as to constitute a safety hazard to vehicular or pedestrian travel.

A container shall be made of galvanized steel or other similar durable material and must be securely fastened to a property to prevent movement.

No advertising may be displayed on a container except for the identity and logo of the owner and manufacturer of the container. No other writing is permitted on a container except for instructions on its use and contact information for its maintenance, both of which is required and must be conspicuously displayed on the container.

No items of property shall be permitted to be stored outside of a container.

No hazardous, flammable, or perishable food items shall be deposited or stored in a container.

Containers shall be emptied on a regular basis to prevent them from being overfilled, and if not used for 180 or more consecutive days shall be removed from the property.

All composting shall be conducted in such a manner that does not create a fire, rodent or disease-carrying insect hazard and does not cause noxious odors off of the subject property.

Composting shall be permitted as an accessory use, provided that the composting is limited to biodegradable vegetative material, including trees, shrubs, leaves and vegetable waste. Such composting shall be kept free of other garbage and animal fats.

Any composting of manure shall be restricted to lots of five acres or greater. Such composting shall comply with the published manure management standards of the Pennsylvania State University Cooperative Extension Service.

Setbacks. Composting areas of greater than one acre shall be set back 75 feet from lot lines of abutting residential lot lines.

See § 246-26 and the definitions in § 246-20 concerning the number of children who can be cared for in different zoning districts in a family day-care home or a group day-care home.

In any case, seven or more children (other than children who are related to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 30,000 square feet and a twenty-foot minimum setback from all existing dwellings on another lot(s). Four to six children, in addition to children who are related to the primary caregiver, shall only be cared for at one time within a dwelling that is not attached to another dwelling. The care of fewer numbers of children may occur within any lawful dwelling unit.

The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

The use shall be actively operated by a permanent resident of the dwelling.

If four or more children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of fenced-in exterior play area shall be available.

See also "day-care center" as a principal use in § 246-34, and "day care" as accessory to a place of worship in § 246-26B.

The use shall comply with any applicable state and federal regulations, including having an appropriate state Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.

The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.

The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

On-lot traffic circulation and parking areas shall be clearly marked.

A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.

Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well maintained. Fences that have deteriorated shall be replaced or removed.

No fence, wall or hedge shall obstruct the sight requirements of § 246-65C.

Fences.

Walls.

See definition in Article II. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.

If accessory to a dwelling, no garage sales as an accessory to a dwelling shall be held on a lot during more than three days total in any three consecutive months.

The use shall be clearly accessory to the principal use.

No outdoor storage shall be permitted when the sale is not in operation.

All home occupations shall meet the following requirements:

In addition to the requirements listed in Subsection D(7)(a) above, the following additional requirements shall apply to a light home occupation:

Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.

No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodplain.

Screening. See § 246-65.

Tire storage.

This is a permitted-by-right accessory use in all districts.

No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.

A maximum combined total of four dogs and cats shall be permitted to be kept by residents of each dwelling unit.

Pigeons, chickens, ducks, geese and/or similar fowl shall not be kept on a lot of less than one acre. Also, commercial keeping of such fowl shall meet the requirements for raising of livestock or poultry.

Any keeping of pets shall only be permitted provided it does not create unsanitary conditions or noxious odors for neighbors.

Minimum lot area shall be two acres for the first horse, plus one acre for each horse in excess of one horse.

Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards, but do not include bears, goats, wolves, wolf-dog hybrids, cows, venomous snakes that could be toxic to humans, hogs or sheep.

It shall be unlawful on a residential lot to keep any exotic wildlife as defined by the Pennsylvania Game and Wildlife Code,[4] whether or not an exotic wildlife possession permit has been issued.

Parking of commercial trucks and buses. The overnight outdoor parking of commercial trucks and buses on a principal residential lot in a residential district is prohibited, except that the following is permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work: the parking of a maximum of one vehicle of up to 15,000 pounds aggregate gross vehicle weight.

A construction vehicle (such as grading equipment) that is not primarily intended for on-road use shall not be stored overnight in a residential district. However, in any case, trucks and construction equipment may be parked on a lot if necessary for on-site construction work that is actively underway.

Repairs. Repairs of the following shall not occur on a principally residential lot:

See setback exceptions in § 246-65B.

Unregistered vehicles. A maximum of one unregistered vehicle shall be kept outside of an enclosed building on a residential lot of less than 50 acres. See also the definition of "junkyard."

Parking of recreational vehicles, boats and boat trailers.

See additional requirements for unattached accessory residential structures under § 246-27B(2) above.

The use shall be an accessory use incidental to a crop farming, greenhouse, plant nursery, orchard, winery or raising of livestock use.

The only retail sales shall be of agricultural products and horticultural products, in addition to any hand-made crafts produced by the operator of the market and/or his/her family. An average of not less than 50% of the products sold on-site shall have been produced by the operator or his/her family. This percentage may vary month to month, provided that the average is met.

Off-street parking shall be provided in compliance with the provisions of Article VI. No parking shall be permitted in such a way that it creates a safety hazard.

Any structure erected for this use that is not clearly permanent in nature shall be disassembled during seasons when products are not offered for sale.

Signs. See § 246-58.

No stand shall be located closer than 50 feet from a lot line of an existing dwelling, 25 feet from any other lot line or 100 feet from the closest intersecting point of street rights-of-way at a street intersection, unless the sales occur within a dwelling or barn that existed prior to the adoption of this chapter.

A maximum total of 5,000 square feet of building floor area shall be used for such use.

The use may occur within an existing dwelling, a barn or a separate stand. Any stand shall be maintained in good condition.

The retail sales shall be located on land owned by the operator of the market or upon a tract of five acres or more which the operator of the market actively farms.

The applicant shall prove to the Zoning Officer that the driveway has adequate sight distance, based upon the PennDOT standards that would apply to a normal commercial establishment along a state road, regardless of whether a PennDOT permit would be needed.

A swimming pool (whether in-ground or above the ground) capable of containing 24 inches or more of water depth shall include a fence enclosure surrounding the pool or the lot upon which the pool is located. The fence enclosure shall extend not less than four feet above the ground. The fence enclosure shall not be an opened-type fence (such as a split-rail) and shall have gates that are self-closing and self-latching, with latches placed at least four feet above the ground. The fence may not include the pool wall for an aboveground fence or any extension thereto even if it equals or exceeds a height of four feet.

A swimming pool shall not be located in a front yard. The water surface and any deck and sidewalks accessory to the pool shall be set back a minimum of eight feet from side and rear lot lines.

The use shall meet the definition in § 246-20.

The accessory unit shall be occupied by a maximum of two persons, who shall be relatives of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.

The applicant shall prove to the Zoning Officer that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of a relative, and then be reconverted to a garage or permitted home occupation area.

The applicant shall establish a legally binding mechanism in a form acceptable to the Township that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.

The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.

Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines. The accessory unit shall be attached to the principal dwelling unit.

Additional parking for the accessory unit is not required if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.