Fermanagh Township Juniata County
City Zoning Code
City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 175-22 Compliance.
The regulations for each district pertaining to minimum use, lot size, minimum lot width, maximum lot coverage and yard requirements are specified in Articles V. The purpose of this article is to supplement Article V with additional requirements applicable to certain permitted uses. In cases where the provisions of this article are more restrictive than the general district regulations contained in Article V, the provisions of this article take precedence. Regulations applying to lots, buildings and uses in existence prior to the effective date of this chapter, shall be governed by Article IX, § 175-51, Nonconforming Use.
§ 175-23 Agricultural standards and criteria.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Agricultural activities. The tilling of the soil, the raising of crops, horticulture and gardening shall be permitted in any district providing that only gardening as is incidental to residential uses shall be permitted on improved lots of less than five acres in size located in a subdivision approved by the Township.
A.
Animal husbandry, as defined in § 175-10; provided, however, that existing animal husbandry operations which conflict with any of the provisions below shall be considered nonconforming uses and be permitted to continue subject to the provisions of Article IX, § 175-51, Nonconforming Use.
(2)
In R1, R2, and C Districts only:
(a)
Buildings in which animals and poultry are kept shall not hereafter be erected within 100 feet of any lot line.
(b)
No manure storage, animal shelters, feed yards or similar agricultural accessory uses of an odor or dust producing nature shall be located closer than 100 feet from any lot line or district boundary.
(c)
The construction of new buildings which, by their size or nature, will inhibit future residential or commercial development shall not be permitted.
B.
Large animals. On tracts of less than 10 acres in size there may be no more than one large animal (animal weighing in excess of 350 pounds) for each 1 1/4 acre of tract size regardless of whether such animals are kept as pets or for domestic use or consumption or for profit with the intent of selling the same or the progeny of same.
C.
Kennel or stable. A minimum lot area of five acres shall be provided.
D.
Farm market. In passing upon a special exception application for a farm market, the Zoning Hearing Board must require that the application, in addition to establishing compliance with the requirements of § 175-53 of this chapter, insure that all of the following requirements will be complied with and the Zoning Hearing Board shall establish the same as conditions to any special exception granted pursuant to this section.
(1)
The farm market must be in identical ownership with the farm on which it is located.
(2)
At least 50% of annual gross sales must be of products grown on land farmed by the owner of the land on which they are sold.
(3)
At least 75% of annual gross sales must be of products grown within 15 miles of the farm market.
(4)
At least 90% of gross sales must be agricultural products. Agricultural products include such items as vegetables, fruit, cider, nursery plants, trees, etc. It does not include crafts and manufactured products normally sold at a flea market.
E.
Farm processing establishment. In passing upon a special exception application for a farm processing establishment the Zoning Hearing Board must require that the application, in addition to establishing compliance with the requirements of § 175-53 of this chapter, insure that all the following requirements will be complied with and the Zoning Hearing Board shall establish the same as conditions to any special exception granted pursuant to this section.
(1)
The farm processing establishment must be in identical ownership with the farm on which it is located.
(2)
At least 30% of the volume of products processed must be of products grown on the land farmed by the owner on which they are processed.
(3)
At least 75% of the volume of products processed must be of products grown within 15 miles of the farm processing establishment.
(4)
Each proposed processing facility must be considered independently and each must meet all of the criteria of this section.
§ 175-24 Residential use standards and criteria.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Conversion apartments. A conversion apartment is defined as a dwelling unit created from usable floor space formerly included as part of a single family detached dwelling.
(1)
The lot area per dwelling unit shall not be reduced to less than 7,500 square feet if public water and public sewer is provided; 20,000 square feet if either public water or public sewer is provided; or 40,000 square feet if neither public water or public sewer is provided.
(2)
The yard, building area and other applicable requirements for the district shall not be reduced thereby.
(3)
The minimum habitable floor area is 600 square feet.
(5)
No structural alteration of the building exterior shall be made except as may be necessary for purposes of safety. Fire escapes, where required by other regulatory statutes, shall be in the rear of the building and shall not be located on any wall facing a street.
B.
Group quarters.
(1)
In R2 Districts, group quarters may be an accessory or principal use; and a lot area of not less than 40,000 square feet shall be provided. The front yard, side yard, and rear yard must each be 35 feet in depth. No more than 15 boarders shall be provided for upon any lot or in any building.
(2)
Common eating facilities must be provided, and the minimum period of residency shall be one week.
(3)
Necessary health permits regarding water supply and sanitary waste disposal are required.
C.
Multifamily dwelling.
(1)
Lot area. For each multiple-family structure proposed, a minimum of 7,500 square feet of lot area for each unit in the structure. Notwithstanding this minimum, the minimum overall lot size (regardless of the number of units) shall be 23,000 square feet.
(2)
Building spacing. No two detached buildings shall be closer to one another than the combined height of the two buildings at any two points of comparison.
(3)
Building size. No multiple-family building or group of attached buildings shall have a single facade which has a length to height ratio greater than 5:1.
(4)
Utilities required. Each dwelling shall be connected to approved water and sewage facilities at the time of development.
D.
Rooming houses, as defined in § 175-10, shall be permitted only under the following conditions:
(1)
The lot on which such rooming house is located shall have a lot area, in addition to other lot area requirements as may be required by this chapter, of not less than 5,000 square feet for each person for whom accommodation is provided.
(2)
In addition to the requirements of Article VIII, one off-street parking space shall be provided for each roomer.
(3)
Approval permits regarding water supply and sanitary waste disposal are obtained.
F.
Mobile home park. In all districts where permitted and in addition to all requirements of the this chapter, and Chapter 140, Subdivision and Land Development, all mobile home parks shall be served by a municipal sanitary sewerage system.
G.
Community living arrangement.
(1)
The community living arrangement must maintain with the Township a currently valid license from the Commonwealth of Pennsylvania permitting the operation of the facility as a "community living arrangement." In the event such license is not maintained with the Township, the special exception authorizing the use shall expire and terminate.
(2)
The community living arrangement must be located on a lot of at least 40,000 square feet and with front yard, side yard and rear yard depth of at least 35 feet.
H.
Group home. Where indicated, this use is permitted subject to the following:
(1)
The following requirements shall apply to all group homes:
(a)
A minimum of 250 square feet of habitable floor space excluding kitchen area shall be provided for each occupant.
(b)
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere.
(c)
Off-street parking shall be provided for each group home based upon one parking space for each employee or supervisory person and one parking space for each two non-supervisory occupants or as set by the Zoning Hearing Board pursuant to Subsection H(3)(g) hereof.
(d)
The group home must be licensed where required by an appropriate government agency and a copy of any such license must be delivered to the township prior to receipt of any use certificate.
(e)
The group home may not provide medical, counseling or other service to persons who do not reside at the facility.
(f)
If the group home will house more than five occupants other than supervisory personnel, there must be at least one supervisory person residing at the facility.
(2)
If the proposed group home meets all of the requirements of Subsection H(1) hereof, and all of the requirements for the location of a "dwelling unit" in the zone where it is proposed to be located and will house eight or fewer persons, it shall be permitted as a "dwelling unit" in any zone upon receipt of a use certificate to be issued by the Zoning Officer. Such group home may not make modifications to the dwelling which would detract from its residential character excepting modifications taken in order to comply with the Fair Housing Act or with the Americans with Disabilities Act.
(3)
If the proposed group home meets all of the requirements of Subsection H(1) hereof but will house more than eight persons, it shall be permitted by special exception in the R2 Residential, and C-Commercial District. As a special exception use the proposal must be reviewed by the Township Planning Commission for recommendations to the Zoning Hearing Board. In addition to establishing compliance with the general requirements of § 175-53 of this chapter and the requirements of paragraph a. hereof, the applicant must establish the following:
(a)
The site has direct access to a collector road if the total number of employees together with residents whose handicap will not preclude such residents operating motor vehicles exceeds 20.
(b)
A lot area of not less than 1,000 square feet per occupant shall be provided, but in no case shall the lot area be reduced below that required for the zone in which such group home is to be located.
(c)
No newly constructed building shall be located closer than 50 feet to any lot line.
(d)
The Township sewage enforcement officer shall submit a report confirming the adequacy of the proposed sewage facilities.
(e)
The facility must be inspected by the local Fire Chief who shall submit a written report containing his recommendations to insure adequate fire protection, which recommendations shall be a condition of any approval unless found to be unreasonable by the Zoning Hearing Board.
(f)
The group home must establish that it has received or can receive approval for occupancy from the Pennsylvania Department of Labor and Industry where required.
(g)
There shall be at least one supervisory person on the premises at all times. The Zoning Hearing Board shall designate the number of additional supervisory personnel to be on the premises at anyone time depending on the number of residents and the nature of the handicap involved and shall, in addition, designate the number of required off-street parking spaces depending upon the nature of the handicap of the residents and whether such handicap will prevent their operation of motor vehicles. In the event the residents other than supervisory personnel have handicaps which will preclude their operation of motor vehicles, there must be at least as many parking spaces as there are total number of employees on the two largest shifts combined and an off-street area where residents can be dropped off and picked up plus a reasonable parking area for visitors. The parking area or visitors shall have at least 1 1/2 parking spaces per non-employee resident. If the handicap involved does not preclude operation of motor vehicles there shall in addition to the above parking spaces be at least one parking space for each two non-supervisory residents.
I.
Individual mobile homes.
(1)
An enclosure of compatible design and materials shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
(2)
Foundation requirements. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home, thereby, securing the super structure against uplift, sliding, or rotation.
(a)
The mobile home stand shall not heave, shift, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the superstructure.
(b)
The mobile home stand shall be provided with anchors and tie-downs such as cast-in-place concrete, "dead-men" eyelets imbedded in arrowhead anchors, or other devices securing the stability of the mobile home.
(c)
Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and each shall be able to sustain a minimum tensile strength of 2,080 pounds.
§ 175-25 Institutional uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Camp; campgrounds. In passing upon a special exception application for a camp or campground, the Zoning Hearing Board must require the following:
(1)
That none of the automobile trailers, cabins, travel trailers, motor homes, tents or campers approved for location on the premises be utilized as a permanent place of abode, as a permanent dwelling, or be resided in for consecutive periods in excess of two weeks, and further, none of the automobile trailers, travel trailers, motor homes, campers, or tents shall remain on the approved premises for more than seven days during the period from September 1 to June 1.
(2)
Every camp or campground shall have erected thereon at a distance not greater than 200 feet from any cabin, tent site, trailer site, or camper site which it is designed to serve, a suitable building for housing toilets, showers, laundry facilities; such building to be known as the service building.
(a)
There shall be provided separate toilet rooms for each sex. Flush toilets shall be provided with an adequate water supply in the ratio of one men's toilet and one ladies' toilet for each eight cabins, trailer sites, tent sites, or camper sites, or fractions thereof. Toilet rooms shall contain lavatories with hot and cold water in the ratio of one lavatory to every two or less water closets.
(b)
Separate bathing facilities for each sex shall be provided with one shower enclosed in a compartment at least four feet square for each eight cabins, tent sites, camper sites, or trailer sites, or fraction thereof. Each shower compartment shall be supplemented by individual dressing compartments of at least 12 feet square.
(c)
Laundry facilities shall be provided in the ratio of one double tray and one ironing board for each 10 campsites, cabin sites, cabins, trailer sites, or camper sites.
(d)
Floors of toilets, showers, and the laundry shall be of concrete, tile or similar material impervious to water and easily cleaned and pitched to a floor drain.
(3)
All waste from showers, toilets, laundries, faucets, and lavatories shall drain into a sewage disposal system meeting the approval of the Pennsylvania Department of Environmental Protection.
(4)
In every camp or campground there shall be an office building in which shall be located the office of the person in charge of the camp or campground which office building shall be occupied by someone in charge of the camp facilities at all times the camp facility is occupied or is opened to the public for occupancy.
(5)
Each cabin, campsite, trailer site, camper site shall be accessible to a roadway or driveway which shall have an improved cartway at least 20 feet in width and shall be improved with a six inch stone base, and there shall be a roadway with an improved cartway of at least 28 feet in width improved by an eight inch stone base leading from a public road to the campsite, except that in the case of one-way streets, the required minimum width of the improved cartway shall be 14 feet.
(6)
The application for a special exception shall be accompanied by such plans as will enable the Zoning Hearing Board to insure that the above requirements will be kept and proof of the Department of Environmental Protection's approval of the proposed sewage disposal system and proof that the proposed water supply is sufficient to meet the water supply needs of the proposed camp or campground.
(7)
All recreation vehicles shall be provided with a bituminous, stone or concrete pad on which to place the vehicle.
(8)
Each recreational vehicle stand shall meet minimum yard requirements along exterior lot lines; also, no vehicle stand shall be located less than 30 feet from any vehicle stand, building, access way or parking area (other than that provided for the subject recreation and two vehicles).
B.
Nursery school. In passing upon a special exception application for a nursery school the Zoning Hearing Board must require the following:
(1)
That there are covers over all electrical outlets.
(2)
That the location of the nursery school meets all of the requirements of this chapter regarding the location of buildings.
(3)
In the event the facility requires certifications and/or licenses from federal or state agencies to permit its operation, the applicant must establish that he has secured or will be able to secure such certifications and licenses.
(4)
The facility must install such fire and safety equipment and take such other measures as to reasonably insure adequate fire protection.
(5)
In any district there must be a fenced play area.
(6)
No portion of a residence may be used as a nursery school and no portion of a nursery school may be used as a residence.
(7)
That unless the applicant proposes to locate in the Commercial District the applicant must establish that it is a nonprofit organization and exempt from federal tax pursuant to the provisions of Section 501(c) of the Internal Revenue Code. Any special exception granted shall terminate immediately if the owner or operator loses its status as a nonprofit corporation or as an exempt organization pursuant to Section 501(c) of the Internal Revenue Code.
(8)
There must be one parking space for each employee of the nursery school in an off-street area where children can be dropped off and picked up.
C.
Nursing home or personal care home. As a special exception use the proposal must be reviewed by the Township Planning Commission for recommendations to the Zoning Hearing Board. In addition to establishing compliance with the general requirements of § 175-53 of this chapter, the applicant for a special exception must establish the following:
(1)
The site has direct access to a collector road if the total number of employees together with residents who will be permitted to maintain motor vehicles at the facility exceeds 20.
(2)
A lot area of not less than 1,000 square feet per bed shall be provided, but in no case shall the lot area be reduced below that required for the district in which such facility is to be constructed.
(3)
No building shall be located closer than 50 feet to any lot line.
(4)
The Township Sewage Enforcement Officer shall submit a report confirming the adequacy of the existing or proposed sewage facilities.
(5)
In the event the facility requires certifications and/or licenses from federal and/or state agencies to permit its operation, the applicant must establish that he has secured or will be able to secure such certifications and licenses with the Township to receive copies of such licenses and certifications.
(6)
The facility must be inspected by the local Fire Chief, who shall submit a written report containing his recommendations to insure adequate fire protection, which recommendations shall be conditions of approval unless found to be unreasonable by the Zoning Hearing Board.
(7)
There must be at least as many parking spaces as there are total number of employees on the two largest shifts combined, an off-street area where residents can be dropped off and picked up and, in addition, if the residents of the facility other than supervisory personnel will be permitted to maintain motor vehicles at the facility there must be at least one off-street parking space for each two such residents. In addition, there must be a visitors parking lot with the size to be determined by the Zoning Hearing Board, giving due consideration to the size of the facility and the anticipated number of visitors with a minimum of 1 1/2 parking space per non-employee resident to be provided.
(8)
The facility must establish that it has received approval for occupancy from the Pennsylvania Department of Labor and Industry, where required.
D.
Adult day-care center. In passing upon a special exception application for an adult day-care center, the Zoning Hearing Board must require the following:
(1)
There shall be at least one supervisory person on the premises at all times. The Zoning Hearing Board shall designate the number of additional required supervisory personnel depending upon the number of people for which care is to be provided.
(2)
There shall be at least one off-street parking space for each employee and an off-street parking area for guests to be dropped off and picked up. The Zoning Hearing Board shall designate additional parking spaces if any of the guests will be permitted to drive motor vehicles to and from the facility.
(3)
No newly constructed building shall be located closer than 50 feet to any lot line.
(4)
The Township Sewage Enforcement Officer shall submit a report confirming the adequacy of the proposed sewage facilities.
(5)
The facility must be inspected by the local Fire Chief who shall submit a written report containing his recommendations to insure adequate fire protection, which recommendations shall be a condition of any approval unless found to be unreasonable by the Zoning Hearing Board.
(6)
The adult day-care center must establish that it has received or can receive approval for occupancy from the Pennsylvania Department of Labor and Industry where required.
E.
Private club.
(1)
Type of operation. In districts where permitted, these and similar uses are restricted to those not conducted primarily for gain or profit although a dining room may be operated for the benefit of club members, provided no sign advertising the sale of food or beverages will be permitted.
(2)
Other regulations. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located.
F.
Recreation and vacation lodges.
(1)
Lot area. A lot area of not less than 10 acres shall be provided.
(2)
Access. The lot shall have direct access to a collector or arterial highway.
(3)
Buffer. No building shall be located within 100 feet of any street line or property line.
(4)
Occupancy. A minimum of 10 guest rooms for overnight guests shall be provided in the main hotel building. Individual guest rooms and suites shall include no facilities for cooking.
G.
Lakes, ponds and public swimming pools.
(1)
In passing upon a special exception application for outdoor recreation use involving a lake, pond or public swimming pool, the Zoning Hearing Board must require:
(b)
Proof that the lake, pond, or pool will not become polluted by reason of existing uses of nearby land, reasonable anticipated increases in the existing uses of such land not exceeding 100% or from other sources. Such proof shall be supplied by a registered engineer retained by the applicant and shall be reviewed, at the expense of the applicant, by an engineer retained by the Township.
(c)
If the applicant proposes to remove the pollution which would otherwise enter into the lake, pond, or pool, the Zoning Hearing Board shall require proof that the proposal will be effective in removing pollution, which proof shall be supplied by an engineer retained by the Township at the expense of the applicant.
(d)
Proof that the devices proposed to remove the pollution will be continued permanently and that in the event the lake, pond, or pool did become polluted, the pollution problem would be solved by the lake, pond or pool being drained.
(e)
Proof that the lake, pond, or pool will be located at least 100 feet from the nearest public highway and at least 20 feet from any property line.
(f)
Proof that the lake, pond, or pool will comply with all state and federal environmental requirements.
(2)
For purposes of this section, a lake, pond or pool shall be considered polluted if the dissolved oxygen content drops below six parts per million by reason of an organic intrusion or if the phosphate content exceeds 0.1 parts per million.
(3)
The requirements of this section will not be applicable to farm ponds which will not be utilized as "public swimming pools."
§ 175-26 Commercial use standards and criteria.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Automotive service stations: motor vehicle service stations.
(1)
All such stations shall:
(a)
Locate pumps, lubricating and other dispensing devices at least 25 feet from any street line.
(b)
Store automobile parts, dismantled vehicles and similar articles within a building.
(c)
Not store inoperable motor vehicles for periods in excess of 15 days, except that vehicles having three or more axles may be stored for up to 60 days in a motor vehicle service station approved for the repair of such vehicles.
(d)
All such stations shall provide screening consisting of plantings or fencing or other screening to be approved by the Township.
C.
Automotive engine, transmission and drive train repair and rebuilding facility. Such facility must:
(1)
Not include facilities for, nor performing body or fender work, painting, vehicular rental, or automatic car washes.
(2)
Not sell motor fuels.
(3)
Store motor vehicle parts, dismantled vehicles and similar articles within a building.
(4)
Not store unlicensed, uninspected or inoperable motor vehicles outside a building excepting that in the Highway Commercial District inoperable motor vehicles may be stored for periods not exceeding 15 days while undergoing repairs or waiting for necessary parts.
D.
Bed-and-breakfast inn.
(1)
The bed-and-breakfast inn shall be operated only by members of the immediate family of the owner residing in the dwelling unit where the bed-and-breakfast inn will be located and a maximum of one nonresident employee.
(2)
Only short-term overnight lodging shall be permitted. Maximum guest stay shall be limited to 14 consecutive days, and to 14 days in each calendar month.
(3)
The character or external appearance of the dwelling unit must be that of a dwelling.
(4)
The bed-and-breakfast inn may not involve any dimensional alterations to an existing building, use of any building constructed or placed after the effective date of this chapter, or construction or placement of any new building, except that such alteration, enlargement or construction shall be permitted if such building after alteration, enlargement or constructed does not have a ground floor area in excess of 2,000 square feet and is not more than three stories high. This limitation shall not apply if the building is at least 500 feet from any neighboring residence.
(5)
In addition to the required parking for the dwelling unit, the following parking is required:
(a)
One space for the bed-and-breakfast inn, one space for each guest room available for rent, and one space for each employee not residing in the dwelling unit.
(7)
The Township Sewage Enforcement Officer shall certify the adequacy of the on-lot wastewater system to handle the additional volume generated by the Inn in those areas dependant on on-lot wastewater systems.
F.
H.
Public entertainment facility. An activity operated as a gainful business, open to the public, for the purpose of public entertainment or recreation, including but not limited to, bowling alleys, motion-picture theaters, health clubs, miniature golf courses, etc.
I.
Retail.
(1)
As defined in § 175-10, provided that the wholesale distribution or manufacture of the products sold at retail are not included with the use and are permitted only as provided in other appropriate sections of this chapter, and provided, further, that the issuance of a zoning permit as a retail store or business for any use not listed in the definition of "retail" in § 175-10 is specifically prohibited without a zoning amendment.
(2)
Among the uses not to be interpreted as retail stores or businesses are uses specifically provided for elsewhere in this chapter, including, but not limited to automotive and motor vehicle service stations, vehicular sales and rental, shopping centers and malls, restaurants, taverns, night clubs, hotels and motels, business service establishments and funeral homes.
J.
Veterinary office or animal hospital.
(1)
If only small animals are to be treated (dogs, cats, birds and the like), such hospital or office shall have a minimum lot area as specified for the district in which it is located.
(2)
If large animals are to be treated (cows, horses, pigs and the like), such office or hospital may be located in Rural Agricultural District (A) and shall have a minimum lot size of five acres.
(3)
In the Commercial District (C), all housing or boarding of animals shall be inside the building.
K.
Shopping center standards. In passing upon a special exception application for a shopping center, the Zoning Hearing Board must require the following:
(1)
The shopping center must be located so as to have access to a major thoroughfare and avoid increasing traffic on residential streets and/or farm roads.
(2)
There must be 5 1/2 parking spaces for each 1,000 square feet of gross floor area.
(3)
The buildings must be suitably designed and landscaped so as to be compatible with surrounding areas.
(4)
The drainage requirements of the Chapter 140, Subdivision and Land Development, must be complied with.
(6)
The applicant must demonstrate that there is an adequate water supply for his proposed use without adversely affecting water supplies utilized by neighboring properties.
L.
Excavation equipment business standards. In passing upon a special exception application for an excavation equipment business, the Zoning Hearing Board must require that the applicant, in addition to establishing compliance with the requirements of § 175-53 of this chapter, insure that all of the following requirements will be complied with and the Zoning Hearing Board shall establish the same as conditions to any special exception granted pursuant to this section.
(1)
The applicant must provide inside storage for all construction equipment (not including licensed and inspected trucks and trailers not exceeding four in number) and building materials and must store all construction equipment and building materials inside excepting that not more than four licensed and inspected trucks and/or trailers and not more than 25 tons of stone and 25 tons of soil may be stored outside.
(2)
That there be no noise audible to neighboring residents between 6:00 p.m. and 7:00 a.m. except on an emergency basis.
(4)
That none of the construction equipment shall be larger than 120 horsepower.
M.
Child day-care center. In passing upon a special exception application for a child day-care center the Zoning Hearing Board must require the following:
(1)
That there are covers over all electrical outlets.
(2)
That the location of the child day-care center meets all of the requirements of this chapter regarding the location of buildings.
(3)
That if the child day-care center is to be located in any zone other than the Commercial District, or the Industrial District, it is located in a building which was in existence on January 1, 1994.
(4)
That in the event the facility requires certifications and/or licenses from federal and/or state agencies to permit its operation, the applicant must establish that he has secured or will be able to secure such certifications and licenses.
(5)
The applicant must make such modifications and install such equipment as is reasonably necessary to insure adequate fire protection.
(6)
There must be a fenced play area.
(7)
No portion of a residence may be used as a child day-care center and no portion of a child day-care center may be used as a residence.
(8)
There must be one parking space for each employee of the center and an off-street area where children can be dropped off and picked up.
N.
Drive-in theater. A site plan shall be submitted with the application and any building permit issued shall be in accordance with the approved site plan. A drive-in theater shall be subject to the following regulations:
(1)
The minimum lot area shall be 15 acres.
(2)
The screen shall be situated so that its face is not visible from any public right-of-way.
(3)
No structure excepting an enclosure fence shall be located within 100 feet of any lot line provided, however, that the screen shall be located not less than 150 feet from any lot line.
(4)
The site shall be enclosed by a protective screening or planting strip consisting of suitable evergreen plant material. Such planting strip shall be maintained at a minimum height of seven feet and shall be setback at least 30 feet from right-of-way line and 10 feet from other lot lines.
(5)
Sufficient car storage areas, deceleration lanes, sight distance and lighting shall be provided for the safe and expedient handling of traffic provided, however, that storage areas shall provide storage space for at least 25% of theater capacity.
(6)
A playground and snack shop will be permitted as an accessory use.
§ 175-27 Transportation and utility use standards and criteria.
A.
Communication, transmitting and/or receiving facilities. As a special exception use the proposal must be reviewed by the Township Planning Commission for recommendations to the Zoning Hearing Board. In addition to establishing compliance with all of the general requirements for a special exception use as set forth in § 175-53 of this chapter, the applicant must establish that the following specific requirements will be complied with:
(1)
All towers and facilities associated with this use must be located on land unsuitable for agricultural use. For the purpose of the chapter, land unsuitable for agricultural use shall apply to all land associated with the original tract as of the date of this chapter, and agricultural land that has not been farmed in the past five years and cannot feasibly be farmed:
(a)
Due to existing features of the site such as rock outcroppings, or, the fact that the area is heavily wooded; or
(b)
Due to the fact that the size or shape of the area suitable for farming is insufficient to permit use of the type of farm machinery typically used at the present time by farmers in the area.
(2)
The access to the facilities must be over an existing roadway or through land unsuitable for agricultural use.
(3)
All facilities, including towers, constructed pursuant to this special exception use must be removed within one year after cessation of use.
(4)
Any tower or towers to be constructed must accommodate other users including public users if so required by the Township. A minimum of three potential users shall be considered.
(5)
The applicant must demonstrate that the proposed tower or towers are necessary in order to reasonably create needed communication service and that the proposed service, if needed, cannot be reasonably located on existing towers.
(6)
The applicant must demonstrate that the proposed antenna cannot be reasonably located on existing structures. If the antenna are not to be located on existing structures, the tower must be placed so that the tract can be landscaped to provide adequate screening from adjacent land. In any case the applicant must certify that the antenna will not exceed the structure's load capacity.
(7)
The lot to be purchased or leased for the use must not be larger than reasonably necessary to accommodate the facilities to be located thereon.
(8)
The tower location must be such that if such tower should fall it will not fall onto property other than that of the applicant or the grantor or lessor of the lands where the proposed tower or towers will be located.
(9)
The proposed tower or towers must be at least the height of the tower plus 50 feet away from any dwelling other than a dwelling owned by the lessor or grantor of the lands where the proposed tower or towers will be located.
(10)
No public business office or any storage yard or storage building shall be operated in connection with such use.
(11)
All towers must be free-standing and without guide wires unless such guide wires are tethered inside the tower's enclosure.
(12)
Towers shall not be equipped with lights; the top of the tower shall not exceed 190 feet in altitude above ground level and shall not have advertising, attached signs, or be painted in high visibility colors or patterns.
(13)
The applicant shall be required to provide a security fence and a gate with a lock of at least eight feet in height to prevent unauthorized access to the compound.
(14)
Approval and recording of a subdivision or land development plan, where applicable, shall be required for a parcel on which a communications tower or facility is to be constructed.
(15)
Any communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory building.
B.
Public utility buildings. Public utility buildings and facilities where permitted shall be subject to the following regulations:
(1)
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the building is located.
(2)
Height of building shall be as required by the district regulations.
(3)
Unhoused equipment shall be enclosed with a chain link fence six feet in height, topped with barbed wire.
(4)
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
(5)
Screen Planting in Residential Districts. The required fence for unhoused equipment shall be surrounded by an evergreen planting.
(6)
The external design of the building shall be in conformity with the buildings in the district.
(7)
Off-lot sewage treatment facilities shall be limited to those proposed as part of an approved municipal sanitary system, or if private, for the purpose of correcting an existing sanitary or industrial waste disposal problem.
§ 175-28 Industrial uses.
[Amended 8-7-2017 by Ord. No. 2-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Industrial and natural resource uses shall be subject to the regulations as set forth in § 175-33C of this chapter.
A.
Extractive operations. Including any open excavation such as quarries, strip mines and burrow pits, subject to the following requirements:
(2)
Setbacks. No quarry wall shall be nearer than 150 feet to any property line or street line. And, in no case shall the slope between the property line or street line and the quarry wall exceed 20%.
(3)
Grading. All excavations, except stone quarries, shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.
(4)
Access. Truck access to any excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties.
(5)
A rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating such products shall be subject to such conditions and safeguards as deemed necessary by the Zoning Hearing Board.
(6)
Fencing. Where deemed necessary by the Zoning Hearing Board, an open excavation shall be enclosed by a fence or wall that completely encloses the portion of the property in which the excavation is located; said fence or wall shall be not less than six feet in height and shall be so constructed as to have openings no larger than six inches, and if pickets are used, the openings shall not exceed six inches. Warning signs may be an additional stipulation by the Zoning Hearing Board.
(7)
Proposed usage. Any proposed or existing extractive operation shall submit and have approved a reclamation plan for use of the site following completion of extraction. Such plan shall show:
(a)
Final grading contours.
(b)
Interior road pattern, its relation to operation yard and points of ingress and egress to state and Township roads.
(c)
Estimated amount and description of aggregate and overburden to be removed.
(d)
Ultimate use and ownership of site after completion of operation.
(e)
Source of water if final plan shows use of water.
(f)
Plan of operation showing:
[1]
Proposed tree screen locations;
[2]
Soil embankments for noise, dust and visual barriers and heights of spoil mounds;
[3]
Method of disposition of excess water during operation;
[4]
Location and typical schedule of blasting;
[5]
Machinery type and noise levels; and
[6]
Safety measures monitoring of complaints.
B.
Industrial park standards. In passing upon special exception applications for industrial parks, the Zoning Hearing Board must require the following:
(1)
The industrial park site must have access to a major thoroughfare so as not to increase traffic on residential streets.
(2)
The applicant must establish that the drainage requirements of Chapter 140, Subdivision and Land Development, will be complied with.
(3)
The applicant must establish that there is an adequate water supply for the proposed industrial park without adversely affecting water supplies utilized by neighboring properties.
(4)
The industrial buildings must be suitably designed and landscaped so as to be compatible with surrounding areas.
C.
Landfills. In passing upon special exception applications for a landfill, the Zoning Hearing Board must require the following:
(1)
That a permit for the proposed use has been issued by the Pennsylvania Department of Environmental Protection.
(2)
That an regulations of the Pennsylvania Department of Environmental Protection have been complied with.
(3)
That the applicant must establish that the drainage requirements of Chapter 140, Subdivision and Land Development, will be complied with.
(4)
That the landfill has direct access to a major thoroughfare and that use of the property for landfill purposes will not cause an increase in truck traffic on residential streets and/or farm roads.
(5)
That there will be buffer areas of at least 150 feet in width along the perimeter of the lot, which buffer areas will be landscaped so as to minimize visibility of the landfill use and will not be utilized for landfill purposes.
(6)
That all topsoil and subsoil to a depth of at least 3 1/2 feet shall be preserved, and all solid waste shall be covered with at least 3 1/2 feet of the aforesaid soil. The top foot of topsoil shall be separately conserved and be placed as the top foot of the cover, which cover must total at least 3 1/2 feet in depth. In conjunction with the application for a special exception, the applicant shall present a soil conservation plan which plan shall include the applicant's proposal for preserving both the top foot of topsoil and the second 2 1/2 feet of soil and protecting the aforesaid from erosion while the trenches are being filled with solid waste material.
D.
Junkyards.
(1)
All junkyards existing at the effective date of this chapter within one year thereafter, and all new junkyards, where permitted, shall comply with the following provisions:
(b)
All junk shall be stored or arranged so as to permit access by fire fighting equipment and to prevent the accumulation of water, and with no junk piled to a height of more than eight feet.
(c)
Open burning of material is permissible subject to the regulations of 25 Pa. Code § 129.14, as amended. All burning shall be attended and controlled at all times.
(d)
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.
(e)
No junk material, appurtenant structures, or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrub growth.
(2)
Any junkyard established as a special exception after the effective date of this chapter, shall comply with the following provisions:
(a)
No junk material, appurtenant structures, or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrub growth unless the adjoining property is wooded.
(b)
The minimum junkyard size shall be 20 acres.
(c)
Junkyards shall be located a minimum of 1,000 feet from a Residential District.
§ 175-29 Accessory uses.
[Amended 8-7-2017 by Ord. No. 2-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Produce stand or roadside stand, provided:
(1)
No building or structure other than a portable stand shall be constructed for such sale;
(2)
Such stand shall not exceed 400 square feet of gross floor area and shall be for the sale of farm, nursery or greenhouse products;
(3)
Such stand shall be removed during seasons when such products are not being offered for sale, and in no case shall they remain longer than for a period of six months of any one year;
(4)
Such stand shall not be placed closer than 25 feet to any lot line.
(5)
No stand shall be nearer than 50 feet of any intersection nor within 10 feet of any right-of-way.
B.
Home occupation. Home occupations shall be conducted in accordance with the following requirements:
(1)
The following requirements shall apply to all home occupations:
(a)
The home occupation shall be carried on only by a member of the immediate family of the operator residing on the lot where the home occupation will be located and a maximum of one nonresident employee.
(b)
The character or external appearance of the dwelling unit or accessory structure must be that of a dwelling or structure normally accessory to a dwelling. No display of products may be shown so as to be visible from outside the dwelling or the accessory structure. A nameplate not larger than four square feet in area shall be permitted. It must be illuminated only by indirect lighting.
(c)
Not more than 25% of the habitable floor area of a dwelling unit may be devoted to a home occupation.
(e)
The premises must at all times be kept neat and orderly.
(f)
The use will not result in a substantial increase in traffic. A 20% increase in traffic shall be regarded as substantial. For this purpose, measurement of traffic increase shall occur on the nearest non dead end or non cul-de-sac street.
(g)
The use will not involve any waste product other than domestic sewage, wastewater or municipal waste (as defined in the Pennsylvania Solid Waste Management Act).
(2)
If the home occupation meets all of the above requirements and all of the following requirements, it shall be permitted in any zone upon receipt of a use certificate to be issued by the Township Zoning Officer.
(a)
The use will not involve sale of any item not made on the premises except as incidental to the home occupation. Beauty shops, insurance agent offices, physician offices, bake shops, handcraft shops, are examples of the type of uses which normally will meet this requirement.
(b)
The use will not involve any dimensional alteration to any existing building, use of any building constructed or placed after January 1, 1985, or construction or placement of any new building.
(c)
The use will not involve any outside storage.
(d)
The use will not be one which tends to create dust, heat, glare, smoke, vibration or odors outside the building in which the use is being conducted or noise audible outside the building in which the use is being conducted. Automotive and vehicle service stations are a use which tend to create noise audible outside the building in which the use is being conducted.
[1]
The applicant must include with the application for a use certificate such drawings as will enable the Zoning Officer to have an adequate record of the location and extent of the proposed use. The applicant must also supply to the Zoning Officer such information as will enable the Zoning Officer to insure that all of the above enumerated requirements as will as the requirements of § 175-29B(1) of this chapter will be met. The use certificate once issued shall continue in effect as long as there is no change in the nature or extent of the use and all of the requirements of § 175-29B(1) and (2) continue to be met.
[2]
Copies of these requirements will be attached to the use certificate.
(3)
If the proposed use would fail to meet one or more of the requirements of § 175-29B(2), the use will be permitted only following application and approval as a special exception by the Zoning Hearing Board. The Zoning Hearing Board shall review the application and approve it only if the applicant establishes that all of the requirements of § 175-29B(1) will be met and the applicant also establishes that the following additional requirements will be met:
(a)
The premises will be kept neat and orderly and there will be no outdoor storage of the following:
[1]
Automobiles, buses, vans, recreational vehicles and other vehicles of the type required to be registered for highway operation pursuant to the provisions of Chapter 13 of the Pennsylvania Motor Vehicle Code but not so registered.
[2]
Automobiles, buses, vans, recreational vehicles and other vehicles of the type required to be registered for highway operation pursuant to the provisions of Chapter 13 of the Pennsylvania Motor Vehicle Code and so registered, but not displaying a currently valid certificate of inspection and approval issued pursuant to Chapter 47 of the Pennsylvania Motor Vehicle Code.
[3]
Discarded motor vehicle parts or accessories.
[4]
Other trash or junk as defined in this chapter.
(b)
The use will not involve noise audible to neighboring residents between 6:00 p.m. and 7:00 a.m. The Zoning Hearing Board may require as a condition to any special exception that the applicant put in noise insulation and take other action so as to minimize audible noise during the period between 7:00 a.m. and 6:00 p.m. If the Zoning Hearing Board determines that the use will involve unreasonable noise which cannot be satisfactorily reduced by insulation or other action by the applicant, the application shall not be approved.
(c)
If a new building is to be constructed or placed, an existing accessory building is to be enlarged or a building constructed or placed after January 1, 1985, is to be utilized to accommodate the proposed use, the building after enlargement or construction shall not have a ground floor area in excess of 50% of the ground floor area of the dwelling unless the building is at least 500 feet from any neighboring residence.
(d)
The use shall not create any vibrations, smoke, dust, odor, heat or glare detectable beyond the property of the owner of the use except as permitted within the performance standards of § 175-33C of this chapter.
(e)
If it is in the Rural Agricultural District, it shall be located on land unsuitable for agricultural as defined in this chapter.
C.
Residential care facilities.
(1)
Domiciliary care unit. This, when certified by a federal, state or county agency, shall be permitted as accessory to use as a single-family dwelling or to use as a multifamily dwelling in every zone subject to the limitations which are applicable in this chapter with respect to the location of single-family dwellings and multiple-family dwellings.
(2)
Family day care home. This shall be permitted as accessory to use as a single-family dwelling or to use as a multifamily dwelling subject to the limitations which are applicable in this chapter with respect to the location of single-family dwellings and multifamily dwellings and subject to the limitation that the family day care home provide supervised care to no more than five children at anyone time for remuneration and such maximum number (five) be reduced by one for each family member under the age of six not attending elementary school or kindergarten on a full time basis.
(3)
Miscellaneous. Excepting for "home occupation," "domiciliary care unit," "family day care home," or "community living arrangement" there may be no business use or other use involving monetary receipt to the property owner or operator of the "use" accessory to the use of a lot for residential purposes.
D.
Swimming pools - private. Private swimming pools, in districts where permitted, shall comply with the following conditions and requirements:
(1)
The pool is intended, and is to be used, solely for the enjoyment of the occupants of a principal use of the property on which it is located.
(2)
It may be located only in the rear yard or side yard of the property on which it is an accessory use.
(3)
It may not be located, including any walks, or paved areas or accessory structures adjacent thereto, closer than 20 feet to any property line of the property on which located.
(4)
The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected as to prevent uncontrolled access by children from the street or from adjacent properties. Said barrier shall not be less than six feet in height and maintained in good condition.
E.
Temporary structure or use. A temporary permit may be issued for structures or uses accessory during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions.
(1)
The life of such permit shall not exceed 180 days, renewable for not more than two additional ninety-day periods unless authorized by the Zoning Hearing Board.
(2)
Temporary nonconforming uses shall be subject to authorization by the Zoning Hearing Board.
(3)
Such structure or use shall be removed completely upon expiration of the permit without cost to the Township.
F.
Storage. Storage is permitted as a principal use in the Industrial (I) and Commercial (C) Districts and is permitted as an accessory use in all districts, provided that no part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the front yard shall be occupied by outdoor storage or display. The permitted storage of items as an accessory use must involve the storage of items used on the lot or tract where stored in connection with a principal permitted use of such lot or tract of land.
G.
Prohibited storage. The following may not be stored in any district excepting in an approved "junkyard" in the Industrial (I) District.
(1)
Automobiles, buses, vans, recreational vehicles and other vehicles of the type required to be registered for highway operation pursuant to the provisions of Chapter 13 of the Pennsylvania Motor Vehicle Code, but not so registered.
(2)
Automobiles, buses, vans, recreational vehicles and other vehicles of the type required to be registered for highway operation pursuant to the provisions of Chapter 13 of the Pennsylvania Motor Vehicle Code, and so registered, but not displaying a currently valid certificate of inspection and approval issued pursuant to Chapter 47 of the Pennsylvania Motor Vehicle Code.
(3)
Tire stockpiles.
(4)
Motor vehicle parts, appliances, appliance parts, pieces of iron, steel, cans or other such materials.
(5)
Junk as defined in this chapter.
H.
Storage of recreational vehicles.
(1)
The storage or parking of a motor home, trailer or boat by any other person or persons is hereby prohibited in all districts except as provided elsewhere in this chapter, and except that:
(a)
One camping trailer or motor home, not over 25 feet in length, and one travel trailer may be stored, but not used for any purpose, on an occupied lot in any Residential District; provided that such trailer is not stored between the street line and the principal building.
(b)
Where a building permit has been issued for the construction or alteration of a building, a temporary permit for one motor home or camping trailer may be issued for a period not to exceed 180 days. Said temporary permit may be extended for one additional period of 180 days if it can be shown that construction has been diligently pursued and that justifiable circumstances require such an extension. Said residence may be occupied during the term of the temporary permit, and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit the location of said residence on the lot shall be subject to Board of Supervisors approval. The Board of Supervisors may attach to their approval whatever conditions it deems necessary to carry out the intent of this chapter.
(2)
Not more than one recreational vehicle per residence may be stored on an occupied lot in any Residential District or used for residential purposes; provided that such vehicle is not stored between the street line and the principal building.
(3)
No motor home, trailer or boat may be parked within the street right-of-way for longer than two weeks without a special permit from the Board of Supervisors.
§ 175-30 Prohibited uses.
The following uses are prohibited in all districts throughout the Township:
A.
The incineration, reduction or storage of garbage, offal, animals, fish or refuse is prohibited when garbage collection is available, unless by the authority of/or under the supervision of the municipality. Specifications of the Pennsylvania Department of Labor and Industry and the office of the Fire Marshall shall be followed and supervised by a local fire company. The incineration which is generally accessory to and conducted by individual homeowners is permitted.
B.
Dumps and dumping of any kind, other than a sanitary landfill, unless by the authority of, or under the supervision of the Township.
§ 175-31 Accessory structures.
Structures originally designed for transportation after fabrication on streets and highways on their own wheels and arriving at the site where they are to be utilized complete and ready for use except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like, including but not limited to structures originally designed as mobile homes, as vans, as trailers, or as busses; are not permitted as accessory structures.
§ 175-32 Supplemental dimensional regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Projections into required yard. The following projections into yards and courtyards shall be permitted:
(1)
Cornices, eaves, belt courses, sills or other similar architectural features, exterior stairway, fire escape or other required means of egress, rain lead or chimney may extend or project into a required yard not more than two feet.
(2)
No patio or paved terrace shall be located within five feet of any property line or between building setback line and the right-of-way line.
B.
Front yard exception.
(1)
In any use district when 50% or more of the block frontage containing a lot upon which a proposed building is to be located is already improved with buildings having front yards of less depth than that required for that particular use district, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage provided, however, that in no case shall such front yard have a depth less than 25 feet.
(2)
In any use district when 50% or more of the block frontage containing a lot upon which a proposed building is to be located is already improved with buildings that have observed a front yard greater in depth than that required for the particular use district, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than 15 feet.
C.
Intersection clearance. On a corner lot no fence, structure or planting higher than two feet above the curb or street line shall be erected or within 25 feet of the intersection of the street lot lines.
D.
Fences, walls and hedges. Except as otherwise provided in this chapter, fences, walls and hedges may be located in required yards providing that in residential districts they do not exceed four feet in height.
E.
Building height.
(1)
Height regulations shall not apply to spires, belfries, cupolas, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, radio and television antennae, silos and ornamental or necessary mechanical appurtenances. Any structure designed to have a height of one 150 feet or more above ground level must be approved by the Federal Aviation Agency and a written statement of approval must accompany the permit application.
(2)
No dwelling shall be less than one story in height, except, during a reasonable period of construction not to exceed a twenty-four-month period from the date of issuance of the zoning permit. This time period may be extended by the Zoning Hearing Board.
F.
Arterial road and interchange development. Proposed uses fronting on arterial roads, as designated by the PA Department of Transportation, or located in the vicinity of grade separated highway interchanges, shall be subject to the following requirements:
(1)
Setback. All structures fronting on arterial roads shall be set back not less than 75 feet from the right-of-way line of such road or highway.
(2)
Driveway access points. All structures fronting on arterial roads or approach ramps which lead to a grade separated interchange shall be limited to no more than two driveway access points, except that properties which are less than 200 feet wide shall be designed in a manner which will minimize their interference with any through traffic on the arterial road or the approach ramp. Such driveway access points shall not exceed 30 feet in width at any such point and shall not be located nearer than 150 feet to one another.
(3)
Interchange ramp protection. Individual driveway access points and intersecting roads on any approach ramp are prohibited for a distance of 300 feet from the end of any interchange ramp which intersects with the approach ramp.
(4)
Interchange development. No structure other than directional signs and/or other traffic control signs or devices erected by a governmental body shall be erected within 200 feet of the right-of-way of an approach ramp to any grade separated interchange. Such area may, however, be used in providing required lot area or yard space. No activity or use shall be established within 75 feet of any such interchange except as provided above, and the natural vegetation and terrain within said 75 feet shall remain undisturbed.
§ 175-33 Miscellaneous supplemental regulations.
[Amended 8-7-2017 by Ord. No. 2-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season ground cover and shall be landscaped with small trees and shrubs in accordance with an overall landscape plan. To facilitate the processing of plot plans, a plant schedule should be prepared giving the botanical and common names of the plants to be used, the sizes to be planted, and the quantity and spacing of each.
B.
Screening.
(1)
All outdoor storage, parking and/or loading areas of industrial and commercial uses shall be screened from view of any abutting lands that are not located in the Industrial District (I), irrespective of zoning or use of those abutting lands or public right-of-ways by a six-foot-high opaque fence or wall. This barrier shall be erected and maintained in such a manner as to minimize not only the view of the industrial and/or commercial use from the abutting lands and public right-of-way but also to minimize the chance that refuse, garbage and debris from the industrial and/or commercial use will enter unto the abutting lands and public right-of-ways. The screening shall be placed immediately surrounding the area between any industrial parcel and a contiguous abutting parcel and/or a public right-of-way.
(2)
All outdoor industrial use operations, mechanical equipment and other functional accessories of each building, such as elevator, penthouse, ventilation pipes and ducts, water pressure tanks, heating, air conditioning and power supply units shall have an architectural building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.
C.
Environmental regulations. In all districts, all non-agricultural uses and activities established after the effective date of this chapter shall comply with the following performance standards; all existing non-agricultural uses and activities in compliance with the following performance standards on the effective date of this chapter shall continue in compliance; and all existing non-agricultural uses and activities not in compliance with Subsection C(1) through (4) below regarding environmental standards, shall, within two years following the effective date of this chapter, bring themselves into compliance.
(1)
Noise pollution and vibration. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
(2)
Air pollution, airborne emissions and odor. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
(4)
Glare and heat. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
(6)
No use or operation shall be permitted which creates a public nuisance or hazard to adjoining property by reason of fire, explosion, radiation or other similar cause.
(7)
Outside industrial storage. No outside industrial storage including junkyards shall be located on land with a slope in excess of 5% or within 100 feet of a public right-of-way.
D.
Ornamental ponds and wading pools.
(1)
Ornamental ponds and wading pools may be permitted in any zone, subject to the following:
(a)
Such structures shall comply with accessory use setbacks;
(b)
No such impoundment shall contain more than 26.6 cubic feet of water (200 gallons). All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments," and are subject to the criteria listed in § 175-33E of this chapter.
(c)
No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding 1 1/2 feet;
(d)
All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor, or the harboring of insects; and
(e)
No such pond(s) shall be used for the commercial hatching of fish or other specifies.
E.
Man-made lakes, dams and impoundments.
(1)
All lakes, dams, ponds and impoundments may be permitted in any district, subject to the following:
(a)
PADEP permits.
[1]
All dams, ponds, lakes and impoundments located along and connected to a stream that involve any of the following, shall require the obtainment of a permit from the PADEP Regional Office, or a letter indicating that the proposed use does not require a PA DEP permit;
[2]
All such dams, ponds and impoundments shall be located 75 feet from all adjoining lot lines, as measured from the closets point of the adjoining property line to the maximum anticipated water surface elevation.
(b)
All dams, pond and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PADEP Regional Office;
(c)
All other dams, ponds and impoundments require the submission of a statement by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one foot above the water surface elevation occurring during the base flood;
(d)
Setbacks. All dams, ponds and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well;
(e)
Fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters; and
(f)
Maintenance. All ponds shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.
F.
Satellite dish antennas. Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the (A, R1, R2, C, FP) Districts shall be used only to receive signals, not transmit them. All ground-mounted satellite dish antennas located within the (R1, C, I, F) Districts that are used to transmit video format data shall be completely enclosed by eight-foot-high non-climbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the (C, I) Districts shall comply with all principal use standards.
G.
Garage or yard sales. Within any zone, an owner and/or occupant may conduct up to two garage or yard sales per year. Only one four-square-foot sign shall be permitted advertising the garage or yard sale located upon the premises where the sale occurs and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage or yard sale be conducted in a street right-of-way. The conduct of garage or yard sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.
H.
Adult entertainment facilities:
(1)
In passing upon a special exception application for an adult entertainment facility, the Zoning Hearing Board shall require the following:
(a)
adult entertainment facilities shall be permitted only in the Industrial (I) District.
(b)
Adult entertainment facilities shall not be permitted to be located within 1,000 feet of either other adult entertainment facilities or of any public or private school, child day-care center, nursery school, public recreation facility, or any church or other house of worship.
(c)
No materials, merchandise, film, videotape, or any other item offered for sale, rent, lease, loan, or view upon the premises, or advertising same, shall be exhibited, displayed, or visible outside of the building or structure.
(d)
Any building or structure used or occupied as an adult entertainment facility shall be windowless or have an opaque covering over all windows or doors, or any area in which materials, merchandise, film or persons could otherwise be visible from outside the building or structure.
(e)
No sign shall be erected or placed upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, videotape, or entertainment offered therein.
(f)
Each entrance to the premises shall be posted with a notice of at least four square feet specifying that the structure is an adult entertainment facility, and that persons under the age of 18 years are not permitted to enter therein, and warning all other persons that the building contains sexually explicit material.
(g)
The applicant if an individual, must be at least 18 years of age. If the applicant is other than an individual, the applicant must provide the names and addresses of all partners, corporate officers, or any individual who has an interest of 10% or greater in the business.
(h)
The applicant must provide a sketch or diagram showing the floor plan of the premises, including the total floor space, and the location of the building on the lot.
(i)
The adult entertainment facility shall comply with all other Township ordinances, or federal, state or county requirements.
(2)
Once a special exception has been granted by the Zoning Hearing Board, an applicant shall apply to the Zoning Officer for a permit.
(3)
Issuance of permit. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application which complies with Subsection H(2) above, unless he or she finds one or more of the following:
(a)
An applicant is under the age of 18 years of age.
(b)
An applicant or his or her spouse is overdue in their payment to the Township of taxes, fees, fines or penalties assessed against him or her in relation to an adult entertainment facility, or the property on which it is or is to be located.
(c)
An applicant has failed to provide information reasonably necessary for the issuance of the permit, or has falsely answered a question or request for information on the application form.
(d)
An applicant is residing with or married to a person who has been denied a permit by the Township to operate an adult entertainment facility within the preceding 12 months, or is residing with a person who is licensed to operate an adult entertainment facility has been revoked within the preceding 12 months.
(e)
The premises to be used for the adult entertainment facility are not in compliance with this chapter or any other ordinance of the Township.
(f)
The permit fee required by this chapter has not been paid.
(g)
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(h)
An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers or directors of a corporate applicant, or any of the partners, including limited partners of a partnership, or the manager or other person in charge of the operation of the business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania within two years of the date of the application in the event of a misdemeanor and within five years of the date of an application in the event of a felony.
(i)
The proposed activities violate any federal or state law regarding sexual conduct, sexually explicit nudity, obscenity or pornography.
(j)
If the Zoning Officer or Code Enforcement Officer denies a license, or denies the renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that the applicant can reapply after he or she has corrected or cured the defects which caused the denial.
(4)
A permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment facility so that it may easily be read at any time.
(5)
Each permit shall be for a period of one year, and shall be renewable on an annual basis and shall be renewable only upon application by the applicant, and must at the time of application comply with all of the conditions of this section.
(6)
The applicant shall pay an annual fee for the adult entertainment facility in an amount as established from time to time by resolution of the Board of Supervisors.
(7)
Inspection. An applicant or permittee shall permit representatives of the Township, including the Zoning Officer, Code Enforcement Officer, or other designated Township officials and representatives of the police department serving the Township, to inspect the premises of an adult entertainment facility for the purpose of ensuring compliance with this chapter and the law at any time that the adult entertainment facility is occupied and open for business. A failure or refusal to permit such inspection shall be the basis for revocation or suspension of the permit and shall constitute a violation of this chapter.
(8)
Suspension or revocation of permit.
(a)
The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an employee has:
[1]
Violated or is not in compliance with any section of this chapter;
[2]
Engaged in excessive use of alcoholic beverages while on the adult entertainment facility's premises;
[3]
Refused to allow an inspection of the adult entertainment facility premises as permitted by this section;
[4]
Knowingly permitted gambling by any person on the adult entertainment facility premises.
(b)
Revocation of permits. The Zoning Officer shall revoke a permit if he or she determines that a permittee or an employee of a permittee has:
[1]
Been arrested for or charged with violating any law of the Commonwealth of Pennsylvania relating to sexual conduct, sexually explicit nudity, obscene material, pornography, the Liquor Code, or the Pennsylvania Crimes Code relating to gambling on the premises of the adult entertainment facility.
[2]
Such revocation shall be rescinded and the permit shall be reinstated in the event that the permittee or employee of a permittee is adjudicated or adjudged not guilty of such offense or is placed in the accelerated rehabilitative disposition program.
[3]
A permit shall be revoked if a cause for suspension occurs and the permit has been suspended or revoked within the preceding 12 months.
[5]
A revocation shall continue for one year and the permittee shall not be issued an adult entertainment facility permit for one year from the date revocation became effective except in the case of a revocation for conviction of a misdemeanor as described in Subsection H(3)(h) in which case the revocation shall be effective for two years or a felony, as set forth in Subsection H(3)(h) in which case the revocation shall be for five years.
(9)
Remedies. In addition to remedies for violation of this chapter, a person who operates or causes to be operated an adult entertainment facility without a valid permit or in violation of this chapter may be subject to an action in equity or a suit for injunction or such other actions as shall be permitted by law at the discretion of the Township.