Hepburn Township City Zoning Code
PART 5
DISTRICT REGULATIONS
§ 27-501 R-C Residential Conservation District.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-4, 4/6/1982; by Ord. 83-2, 2/8/1983; by Ord. 1991-1, 3/15/1991; by Ord. 8.9.01, 8/7/2001, § 2; by Ord. 3.2.04, 3/2/2004; by Ord. 2.1.05, 2/1/2005; by Ord. 8.5.2008, 8/5/2008; by Ord. 03.01.2011.01, 3/1/2011, § 2; by Ord. 04.09.2013, 4/9/2013, § 1; and by Ord. 10.13.2015, 10/13/2015, § 1]
1.
Purpose. The purpose for this district is to identify the land areas within the Township upon which development should be discouraged by reason of excessive slope, the need for preservation of stream beds and channels, to provide for the preservation of open space necessary to the health and welfare of the citizens and to protect floodplains from development.
2.
Permitted Uses and Structures.
A.
One-family detached dwellings.
B.
Seasonal dwelling and camping areas.
[Amended by Ord. No. 04.10.2018.01, 4/10/2018]
C.
Recreation vehicles and recreation vehicle parks. (See § 27-616.)
D.
Mobile/manufactured homes as a permanent, independent dwelling unit. (See § 27-612.)
E.
Communications towers, communications antennas and communications equipment facilities subject to all of the standards and requirements herein. See §§ 27-633 and 27-634.
[Amended by Ord. No. 04.10.2018.01, 4/10/2018]
F.
Intrastate gathering pipelines.
G.
Short-term rental.
[Added by Ord. No. 11.08.2022.02, 11/8/2022]
3.
Permitted Nonresidential Uses and Structures.
A.
Municipal buildings and uses, and fairgrounds.
B.
Radio, television transmission and receiving towers and facilities.
C.
Electric, telephone and other public utility transmission and distribution facilities including substations, water pumping stations and sewage treatment facilities.
D.
Public and private parks and recreation facilities; vehicle race tracks.
E.
Preservation of natural amenities; production of forest products, forest industries, and agricultural activities.
4.
Permitted Accessory Uses and Structures.
A.
Private garages and carports when supplementary and incidental to a permitted use.
B.
Private swimming pool.
C.
Such other uses and structures normally supplementary to and incidental to a permitted use provided that the same does not intrude upon the permitted use or structure and does not violate the purpose of this district.
D.
Outbuildings such as storage sheds when incidental, supplemental and customary with regards to a principal permitted use.
[Added by Ord. 10.11.2016, 10/11/2016]
5.
Conditional Uses When Approved by the Board of Supervisors.
A.
Natural production uses, mines and quarries. (See § 27-613.)
B.
Mobile/manufactured home parks will be permitted if it can be shown that adequate public access can be provided, that there is area of sufficient size that is not overly sloped, and that the soils will support the development from a health and erosion prevention viewpoint. (See also the Hepburn Township Subdivision and Land Development Ordinance [Chapter 22]).
C.
Shopping centers and large commercial enterprise adjacent to major thoroughfares when evidence is presented to the Planning Commission that floods, landslides or other natural phenomenon will not cause undue physical damage or endanger the safety and welfare of the citizens; and furthermore that the U.S. Corps of Engineers, Department of Environmental Protection and Soil Conservation Service approves the location and elevation of the proposed structures.
D.
Home occupations. See also §§ 27-628 and 27-632.
[Amended by Ord. No. 04.10.2018.01, 4/10/2018]
E.
Indoor and/or outdoor storage space sold commercially.
[Added by Ord. 10.11.2016, 10/11/2016]
F.
Such other uses and structures not provided for anywhere in this chapter which are similar to a use or structure permitted in this district and which do not violate the purpose of this district.
[Added by Ord. No. 04.10.2018.01, 4/10/2018]
G.
Wind energy facilities, personal or commercial.
[Added by Ord. No. 04.10.2018.01, 4/10/2018]
6.
Prohibited Uses and Structures. As provided herein, a building may not be erected, altered, or used, for any trade, industry, business, or purpose that is noxious or injurious by reason of odor, dust, smoke, gas, vibration, illumination, or noise; or otherwise creates a nuisance or hazard to public health, safety, or welfare. The uses prohibited as a trade or business are as follows:
A.
The incineration, reduction, or storage of offal, animals, fish, or similar objectionable refuse.
B.
The tanning or storage of rawhides or skins and fat rendering.
C.
The manufacture of gunpowder, fireworks or other explosives, excepting as may be a by-product of other manufacturing operations, in which event all regulations of the Middle Department of the Fire Underwriters shall apply.
D.
Abattoir and stockyards.
E.
Dumps or dumping of any kind.
F.
Industrial uses.
G.
Adult bookstores, as regulated by § 27-629.
7.
Lot Requirements.
A.
Area. Subject to all rules and regulations of the Township and the Pennsylvania Department of Environmental Protection.
(1)
One-family detached dwelling - 40,000 square feet.
(2)
All other uses - no minimum, however a sufficient lot area must be available to provide for the use and to meet all Township and state requirements for health and welfare of the citizens and for environmental preservation.
B.
Width.
(1)
One-family detached dwelling - not less than 150 feet.
(2)
All other uses - no minimum.
8.
Minimum Yard Requirements.
A.
Front yard: 30 feet.
B.
Rear yard: 30 feet.
C.
Side yard: 12 feet.
D.
For recreation facilities the yard requirements will apply to structure location only.
E.
Intrastate gathering pipelines: 50 feet setback from a human occupied structure.
9.
Lot Coverage.
A.
Maximum lot coverage for all structures: 15%.
B.
Structures shall not be within 50 feet of a stream or on a space subject to flooding.
10.
Height. No limit.
11.
Off-Street Parking and Loading. For off-street parking and off-street loading, see "Supplementary Regulations," §§ 27-609, 27-614, and 27-626.
12.
Signs. See "Supplementary Regulations," § 27-617.
13.
Floodplains. See "Floodplain Management Regulations," § 27-701.
§ 27-502 R-M Residential Medium-Density District.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-4, 4/6/1982; by Ord. 83-2, 2/8/1983; by Ord. 1991-1, 3/15/1991; by Ord. 8.9.01, 8/7/2001, § 6; by Ord. 11.2.04, 11/2/2004; by Ord. 2.1.05, 2/1/2005; by Ord. 03.01.2011.01, 3/1/2011, § 2; by Ord. 08.07.2012, 8/7/2012, § 1; and by Ord. 10.13.2015, 10/13/2015, § 1]
1.
The purpose of this district is to preserve and provide an area for medium density residential development. The regulations and uses permitted in this district primarily encourage residential development, but also provide for some compatible nonresidential uses, such as churches, medical centers, nursing homes, etc.
2.
Principal Permitted Uses and Structures.
A.
Agriculture uses as other than concentrated agriculture use defined herein.
B.
Planned residential development. (See § 27-615.)
C.
One-family dwellings.
D.
Churches and similar places of worship.
E.
Public and private schools and institutes of higher education to include dormitory facilities.
F.
Public parks, public playgrounds, municipal recreation areas and fairgrounds.
G.
Municipal buildings, public libraries, museums.
H.
Communication antennas mounted on an existing structure, and the communication equipment facility, if any, required for that antenna.
I.
Townhouses.
J.
Intrastate gathering pipelines.
K.
Short-term rental.
[Added by Ord. No. 11.08.2022.02, 11/8/2022]
3.
Permitted Accessory Uses and Structures.
A.
Private swimming pools.
B.
Private garages and carports when supplementary and incidental to a permitted use.
C.
Shelters necessary to house utility pumps, transformers and regulatory valves.
D.
Shelters and storage facilities in park and municipal areas.
E.
Outbuildings such as storage sheds when incidental, supplemental and customary with regards to a principal permitted use.
[Added by Ord. 10.11.2016, 10/11/2016]
4.
Conditional Uses When Approved by the Board of Supervisors.
A.
Recreation vehicle parks. (See § 27-616.)
B.
Two-family dwellings.
C.
Multi-family dwellings not to exceed a density of 20 families per acre, which shall not exceed two stories and shall not contain more than six dwelling units per structure.
D.
Mobile/manufactured homes as a permanent independent dwelling unit. (See § 27-612.)
E.
Neighborhood commercial facilities necessary to the convenience of the residents.
F.
Medical centers and nursing homes or other similar elderly care homes.
G.
Two-family dwellings meeting all requirements of § 27-503, Subsection 7.
H.
Such other uses and structures not provided for anywhere in this chapter which are similar to a use or structure permitted in this district and which do not violate the purpose of this district.
I.
Home occupations. See also §§ 27-628 and 27-632.
[Amended by Ord. No. 04.10.2018.01, 4/10/2018]
J.
Wind energy facilities, personal or commercial.
[Added by Ord. No. 04.10.2018.01, 4/10/2018]
5.
Prohibited Uses and Structures.
A.
The incineration or reduction of offal, animals, fish or similar objectionable refuse.
B.
The tanning or storage of rawhides or skins and fat rendering.
C.
The manufacture of gun powder, fireworks or other explosives.
D.
Abattoir and stockyards.
E.
Strip mining.
F.
Adult bookstores.
G.
Dumps or dumping of any kind.
6.
Minimum Lot Area per Principal Permitted Use.
A.
With Public Water and Sewer:
(1)
One-family dwelling: minimum of 1/2 acre.
(2)
Two-family dwelling: minimum of 1 acre.
(3)
Townhouses: 2,400 square feet per family.
(4)
Multiple family: minimum lot area of 7,500 square feet; 2,000 square feet for each family in excess of two, but not to exceed a density of 20 families per acre.
B.
With Either Public Water or Sewer, but Not Both.
(1)
One-family detached dwelling: minimum of 1/2 acre.
(2)
Two-family dwelling: minimum of one acre per family.
C.
Neither Water nor Sewer.
(1)
One-family dwelling: minimum of one acre.
(2)
Two-family: minimum of 1/2 acre per family.
7.
Minimum lot width: a minimum of 100 feet.
8.
Minimum Yard Requirements.
A.
Front yard: 25 feet from the public right-of-way line or 50 feet from the center line of the public right-of-way, whichever is greater.
B.
Rear yard: 15 feet.
C.
Side yard: 15 feet.
D.
Intrastate gathering pipelines: 50 feet setback from a human occupied structure.
9.
Lot Coverage. The maximum lot coverage for all buildings is 30%.
10.
Height. Maximum height of a structure is three stories or 35 feet, whichever is less, except as otherwise provided for if it is a planned residential development.
11.
Off-Street Parking and Loading. See §§ 27-609, 27-614, and 27-626.
12.
Signs. See § 27-617.
13.
Floodplain. See "Floodplain Management Regulations."
§ 27-503 R-S Residential Suburban District.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-4, 4/6/1982; by Ord. 83-2, 2/8/1983; by Ord. 1990/1, 9/4/1990; by Ord. 8.9.01, 8/7/2001, § 5; by Ord. 3.2.04, 3/2/2004, § 3D; by Ord. 11.2.04, 11/2/2004; by Ord. 2.1.05, 2/1/2005; by Ord. 8.5.2008, 8/5/2008; and by Ord. 10.13.2015, 10/13/2015, § 1]
1.
Purpose. To establish regulations as a guide to the density of population, a greater percentage of open land and an improved residential environment. The goals are: to preserve the investments of the past that are in keeping with the planned environment; to provide for a gradual relocation of conflicting uses; and to encourage investment in innovative programs designed to improve the social and cultural aspects of the Township. This district shall be the area of the Township that is the primary area for establishment of residences, particularly one-family detached dwellings, two-family dwellings and conversion apartments; it is the intent of the provisions to facilitate such residential uses without unnecessary intrusions and with reasonable density so as to promote this area as the prime development area of the Township for residential purposes.
2.
Permitted Uses and Structures.
A.
One-family detached dwellings.
B.
Two-family dwellings.
C.
Conversion apartments not to exceed three families per structure.
(1)
Subject to approval from the Department of Environmental Protection and the Township in regards to on-lot septic systems if public sewer is unavailable.
(2)
Subject to habitable floor area requirements as set forth in § 27-606.
(3)
Subject to off-street parking requirements as set forth in § 27-614.
(4)
Subject to service area requirements as set forth in § 27-626, Subsection 1A.
(5)
See also § 27-603, Subsection 2A(7).
D.
Communications antennas mounted on an existing structure, and the communications equipment facility, if any, required for that antenna.
E.
Intrastate gathering pipelines.
3.
Permitted Nonresidential Uses and Structures.
A.
Churches and similar places of worship, parish house, convent.
B.
Public and private schools, and institutions of higher education to include dormitory facilities.
C.
Public parks, public playgrounds, municipal recreation areas.
D.
[1]Municipal buildings, public libraries, museums, and radio stations.
[1]
Editor’s Note: Former Subsection 3D, Agricultural uses in accordance with § 27-601, was repealed Ord. No. 04.10.2018.01, 4/10/2018. This ordinance also provided for the redesignation of former Subsection E as Subsection D.
4.
Permitted Accessory Uses and Structures.
A.
Private garages and carports when supplementary and incidental to a permitted use.
B.
Private swimming pool.
C.
Such residential related uses as are normally supplementary to and incidental to the permitted residential uses and such uses as are supplementary and incidental to other permitted uses, provided that they do not intrude upon the residential purposes.
D.
Outbuildings such as storage sheds when incidental, supplemental and customary with regards to a principal permitted use.
[Added by Ord. 10.11.2016, 10/11/2016]
5.
Conditional Uses When Approved by the Board of Supervisors.
A.
Conversion apartments to house more than three families. (See Subsections 2C and 7A.)
B.
Mobile/manufactured homes as a permanent independent dwelling unit. (See § 27-612.)
C.
Multi-family dwellings, not to exceed a density of 20 families per acre. Said multi-family dwellings shall not exceed two stories and shall not contain more than six dwelling units per structure. All multi-family dwellings approved hereunder must have adequate provisions for fire protection.
D.
Townhouses, not to exceed eight units per structure.
E.
Planned residential developments. (See § 27-615.)
F.
Home occupation. See also §§ 27-628 and 27-632.
[Amended by Ord. No. 04.10.2018.01, 4/10/2018]
G.
Such other uses and structures not provided for anywhere in this chapter which are similar to a use or structure permitted in this district and which do not violate the purpose of the district.
[Added by Ord. No. 04.10.2018.01, 4/10/2018]
6.
Prohibited Uses and Structures. As provided herein, a building may not be erected, altered, or used, for any trade, industry, business, or purpose that is noxious or injurious by reason of odor, dust, smoke, gas, vibration, illumination, or noise or otherwise creates a nuisance or hazard to public health, safety, or welfare. The uses prohibited are as follows:
A.
The incineration, reduction, or storage of offal, animals, fish or similar objectionable refuse.
B.
The tanning or storage of rawhides or skins and fat rendering.
C.
The manufacture of gunpowder, fireworks or other explosives, excepting as may be a by-product of other manufacturing operations, in which event all regulations of the Middle Department of the Fire Underwriters shall apply.
D.
Abattoir and stockyards.
E.
Dumps or dumping of any kind.
F.
Any use or structure that is not specifically allowed under a permitted use or conditional use as set forth in the preceding paragraphs of this section.
G.
Adult bookstores, as regulated by § 27-629.
7.
Lot Requirements.
A.
Area.
(1)
With public water and sewer:
(a)
One-family detached dwelling: minimum 9,000 square feet.
(b)
Two-family dwelling: minimum 5,000 square feet per family.
(c)
Townhouses: 2,400 square feet per family.
(d)
Multiple-family dwelling: a minimum lot area of 7,500 square feet plus 2,000 square feet for each family in excess of two, but not to exceed a density of 20 families per acre.
(e)
Conversion apartments: not less than 4,000 square feet plus 1,500 square feet per family. Should the existing lot be of an insufficient size to provide required area, a building and/or zoning permit shall be denied.
(f)
Selected industries: not less than two acres.
(2)
With either public water or sewer, but not both, and further subject to all rules and regulations of the Township and the Pennsylvania Department of Environmental Protection.
(a)
One-family detached dwelling: minimum 12,000 square feet.
(b)
Two-family dwelling: minimum 9,000 square feet per family.
(c)
Conversion apartments: not less than 4,000 square feet plus 1,500 square feet per family. Should the existing lot be of an insufficient size to provide required area, a building and/or zoning permit shall be denied.
(d)
Selected industries: not less than four acres.
(3)
Neither water nor sewer facilities provided, subject to all rules and regulations of the Township and the Pennsylvania Department of Environmental Protection.
(a)
One-family detached dwelling: minimum 20,000 square feet per family.
(b)
Two-family dwelling: minimum 12,000 square feet per family.
(c)
Conversion apartments: not less than 4,000 square feet plus 1,500 square feet per family. Should the existing lot be of an insufficient size to provide required area, a building and/or zoning permit shall be denied.
B.
Width.
(1)
With lot area not exceeding 10,000 square feet, a minimum width of 75 feet. Townhouses, not less than 20 feet.
(2)
With lot areas over 10,000 square feet, but not exceeding 15,000 square feet, a minimum width of 80 feet.
(3)
With lot areas over 15,000 square feet, but not exceeding 20,000 square feet, a minimum width of 90 feet.
(4)
For lot areas over 20,000 square feet, a minimum width of 100 feet.
(5)
Conversion apartments: not applicable.
8.
Minimum Yard Requirements.
A.
Front yard: 15 feet.
B.
Rear yard: 15 feet.
C.
Side yard: five feet.
D.
Conversion apartments: not applicable.
E.
Selected industries: not applicable.
F.
Intrastate gathering pipelines: 50 feet setback from a human occupied structure.
9.
Lot Coverage. Maximum lot coverage for all buildings: 40%.
10.
Height. Maximum height of structures: three stories or 35 feet. (See § 27-608.)
11.
Off-Street Parking and Loading. For off-street parking and off-street loading, see supplementary regulations, §§ 27-609, 27-614, and 27-626.
12.
Signs. See supplementary regulations, § 27-617.
13.
Floodplains. See Floodplain Management Regulations, § 27-701.
§ 27-504 Village District.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-4, 4/6/1982; by Ord. 83-2, 2/8/1983; by Ord. 1991-1, 3/15/1991; by Ord. 8.9.01, 8/7/2001, § 4; by Ord. 11.2.04, 11/2/2004, § 9; by Ord. 2.1.05, 2/1/2005; by Ord. 8.5.2008, 8/5/2008; by Ord. 08.07.2012, 8/7/2012, § 1; and by Ord. 10.13.2015, 10/13/2015, § 1]
1.
Purpose. The purpose of this section is to provide for the continued development of the existing commercial, residential, and public uses in the district; to provide for the public health and safety, and to exclude those uses which would not be compatible with the existing development; to provide for the public convenience and avoid undue congestion on the streets or roads.
2.
Permitted Uses and Structures.
A.
Residential uses, single and two-family, multi-family and apartments, or residential in combination with commercial uses.
B.
Stores and shops for retail business such as restaurants, food, drugs, clothing, hardware, variety, antique shops; personal service shops, such as barber, beauty, shoe, or similar retail provided such shops are conducted entirely within a building.
C.
Offices to include governmental offices, banks and financial institutions.
D.
Municipal building or use; theatres, radio and television studios.
E.
Billiards and pool parlors, bowling alley, skating rink, and similar recreational uses.
F.
Churches, or similar places of worship, including parish house or convents.
G.
Public utilities and facilities, libraries, post office, and similar public services.
H.
Signs as provided for hereunder.
I.
Mortuary and undertaking establishments.
J.
Clubs, lodges, and fraternal organizations are a permitted use throughout the entire chapter. When restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members; provided, that no sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations and those listed under §§ 27-501, Subsections 8 through 12, hereof.
K.
Medical centers and clinics and nursing homes or similar elderly care homes.
L.
Communications antennas mounted on an existing structure, and the communications equipment facility, if any, required for that antenna.
M.
Intrastate gathering pipelines.
3.
Permitted Accessory Uses and Structures.
A.
Garage and carport where supplementary and incidental to a permitted use.
B.
Loading and unloading facilities.
C.
Off-street parking facilities.
D.
Such other uses and structures normally supplementary to and incidental to a permitted use provided that the same does not intrude upon a permitted use or structure and does not violate the purpose of this district.
E.
Outbuildings such as storage sheds when incidental, supplemental and customary with regards to a principal permitted use. These include shelters necessary to house utility pumps, transformers and regulatory valves, and shelters and storage facilities in parks and municipal areas.
[Added by Ord. 10.11.2016, 10/11/2016; as amended by Ord. No. 04.10.2018.01, 4/10/2018]
F.
Private swimming pools.
[Added by Ord. No. 04.10.2018.01, 4/10/2018[1]]
[1]
Editor’s Note: This ordinance also repealed former Subsection 3E, Home occupation, and provided for the redesignation of former Subsection F as Subsection E.
4.
Conditional Uses. Permitted when authorized by the Township Supervisors.
A.
Automotive service stations. (See § 27-607.)
B.
Multiple-family dwellings, not to exceed a density of 20 families per acre, except for housing for the elderly. In the case of housing for the elderly the density may be increased to 120 units per acre. Also in the case of housing for the elderly the parking requirements will be 20 spaces per 100 units. Also, adequate fire protection must be provided.
C.
Such other uses and structures not provided for anywhere in this chapter which are similar to a use or structure permitted in this district and which do not violate the purpose of this district.
[Added by Ord. No. 04.10.2018.01, 4/10/2018]
D.
Neighborhood commercial facilities. (See § 27-502, Subsection 4E.)
E.
Selected industries, provided sufficient safeguards and controls are established to eliminate hazards and nuisances, and to preserve the purpose of the district and minimize the impact upon the presence of other established uses, in the area of the use, to the satisfaction of the Township Supervisors. These controls shall include, but not be limited to, loading and unloading space, off-street parking, buffer yards and service areas.
F.
Home occupations. See also §§ 27-628 and 27-632.
[Added by Ord. No. 04.10.2018.01, 4/10/2018]
5.
(Reserved)[2]
[2]
Editor’s Note: Former Subsection 5, Special Exceptions, as authorized by the Zoning Hearing Board, was repealed by Ord. No. 04.10.2018.01, 4/10/2018.
6.
Prohibited Uses and Structures. As provided herein, a building may not be erected, altered, or used, for any trade, industry, business, or purpose that is noxious or injurious by reason of odor, dust, smoke, gas, vibration, illumination, or noise; or otherwise creates a nuisance or hazard to public health, safety, or welfare. The uses prohibited as a trade or business are as follows:
A.
The incineration, reduction, or storage of offal, animals, fish, or similar objectionable refuse.
B.
The tanning or storage of rawhides and fat rendering.
C.
The manufacture of gunpowder, fireworks or other explosives, excepting as may be a by-product of other manufacturing operations, in which event all regulations of the Middle Department of the Fire Underwriters shall apply.
D.
Abattoir and stockyards.
E.
Dumps or dumping of any kind.
F.
Adult bookstores, as regulated by § 27-629.
7.
Minimum Lot Requirements.
A.
All existing lots are considered legal lots.
B.
No existing lot can be reduced to an area less than 6,000 square feet.
C.
No lot can be hereafter created less than 6,000 square feet in area; or such additional size as may be required by Department of Environmental Protection for public health protection.
D.
Selected industries: not less than two acres.
8.
Minimum Yard Requirements. (See also § 27-610.)
A.
Each lot shall have front, side and rear yards of not less than the depth of widths following:
(1)
Front yard: 15 feet.
(a)
Accessory buildings shall not be permitted in this front yard.
(2)
Side yards: the minimum side yard created hereafter shall be not less than six feet and the total width of the two required side yards shall be not less than 15 feet.
(a)
Accessory buildings shall not be permitted in these side yards.
(3)
Rear yard: 25 feet. When the rear yard area abuts a public street or alley, the twenty-five-foot requirement may be lessened when approved by the Planning Commission, but never to a width less than 10 feet. A rear yard reduction may be authorized only when the Commission makes the finding that no jeopardy shall be created or shall result, to adjoining properties from such action.
B.
Yard requirements shall be subject to all rules and regulations of the Pennsylvania Department of Environmental Protection with respect to size in reference to sewer and water service.
C.
Intrastate gathering pipelines-50 feet setback from a human occupied structure.
9.
Coverage. Lot coverage including main and accessory buildings shall not exceed 40% of the lot. In addition, it must be shown that the remaining 60% is adequate to provide for future expansion, yards, buffer areas, parking, service areas, etc.
10.
Height. No building shall be erected to a height in excess of 35 feet.
11.
Off-Street Parking and Loading. For off-street parking and off-street loading, see supplementary regulations, §§ 27-609, 27-614, and 27-626.
12.
Signs. See "Supplementary Regulations," § 27-617.
13.
Floodplains. See "Floodplain Management Regulations," § 27-701.
§ 27-505 C-H Commercial Highway District.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-4, 4/6/1982; by Ord. 83-1, 2/8/1983; by Ord. 83-2, 2/8/1983; by Ord. 1991-1, 3/15/1991; by Ord. 8.9.01, 8/7/2001, § 3; by Ord. 11.2.04, 11/2/2004; by Ord. 2.1.05, 2/1/2005; by Ord. 06.05.2012, 6/5/2012, § 1; by Ord. 04.09.2013, 4/9/2013, § 1; and by Ord. 10.13.2015, 10/13/2015, § 1]
1.
Purpose. The purpose for this district is to provide necessary transient commercial facilities along highways in such a manner as to protect the highway for its primary purpose of moving traffic; to minimize danger from traffic congestion to provide safe and easy access to commercial facilities through the use of marginal access roads and to provide for the expansion of the economic base of the Township.
2.
Permitted Uses and Structures.
A.
Automobile service stations, hotels, motels, restaurants, drive-in restaurants, supermarkets, drug stores and laundromats.
B.
Retail shopping center, subject to the approval of the Township Supervisors, provided that a plan is presented that clearly delineates the structure area, parking area not less than a three to one ratio to structure area, an acceptable plan for ingress and egress that would minimize interference with moving traffic on the highway; areas for buffer yards or other screening for adjacent land; and other regulations that would be deemed necessary to the health, safety and welfare of the citizens.
C.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection 2C, Other uses similar in character to those enumerated above, was repealed by Ord. No. 04.10.2018.01, 4/10/2018.
D.
Medical centers and clinics and nursing homes or similar elderly care homes.
E.
Communications towers, communications antennas and communications equipment facilities subject to all of the standards and requirements herein.
F.
Self storage units.
G.
Intrastate gathering pipelines.
H.
Short-term rental.
[Added by Ord. No. 11.08.2022.02, 11/8/2022]
3.
Permitted Noncommercial Uses and Structures.
A.
Residential uses only when accessory and incidental to the proper functioning of a permitted use.
B.
Municipal buildings and uses; clubs and fraternal organizations.
C.
[2]Public utility facilities.
[2]
Editor’s Note: Former Subsection 3C, The radio and TV transmission and receiving towers, was repealed by Ord. No. 04.10.2018.01, 4/10/2018. This ordinance also provided for the redesignation of former Subsection 3D as Subsection 3C.
4.
Permitted Accessory Uses and Structures.
A.
Garages for the storage of automobiles and equipment necessary to the maintenance and upkeep of the permitted uses.
B.
Storage facilities for products sold or displayed in a permitted use.
C.
Loading docks.
D.
Such other uses and structures normally supplementary to and incidental to a permitted use provided that the same does not intrude upon the permitted use or structure and does not violate the purpose of this district.
E.
Home occupation.
F.
Outbuildings such as storage sheds when incidental, supplemental and customary with regards to a principal permitted use.
[Added by Ord. 10.11.2016, 10/11/2016]
5.
Conditional uses when approved by the Board of Supervisors, subject to such safeguards to public health, safety and welfare as deemed necessary by the Board.
A.
Golf driving range.
B.
Miniature golf course.
C.
Selected industries, provided sufficient safeguards and controls are established to eliminate hazards and nuisances, and to preserve the purpose of the district and minimize the impact upon the presence of other established uses, in the area of the use, to the satisfaction of the Township Supervisors. These controls shall include, but not be limited to, loading and unloading space, off-street parking, buffer yards and service areas.
D.
Wholesale establishment.
E.
Distribution centers.
F.
Churches and related buildings, rectories or parsonages, schools, convents, parish halls and other structures usually found near churches and used in connection therewith.
G.
Theaters.
H.
Commercial uses similar to character and size to the uses permitted under Subsection 2 of this section.
I.
Adult bookstores, adult theaters, health clubs, massage studios or parlors, health spas, exercise studios or similar establishments.
J.
Indoor and/or outdoor storage space sold commercially.
[Added by Ord. 10.11.2016, 10/11/2016]
K.
Medical marijuana dispensary.
[Added by Ord. No. 10.10.2017.01, 10/10/2017]
L.
Medical marijuana grower/processor plant.
[Added by Ord. No. 10.10.2017.01, 10/10/2017]
M.
Retail shopping center.
[Added by Ord. No. 04.10.2018.01, 4/10/2018]
N.
Such other uses and structures not provided for anywhere in this chapter which are similar to use or structure permitted in this district and which do not violate the purpose of the district.
[Added by Ord. No. 04.10.2018.01, 4/10/2018]
6.
Prohibited Uses and Structures. As provided herein, a building may not be erected, altered, or used, for any trade, industry, business, or purpose that is noxious or injurious by reason of odor, dust, smoke, gas, vibration, illumination, or noise; or otherwise creates a nuisance or hazard to public health, safety, or welfare. The uses prohibited as a trade or business are as follows:
A.
The incineration, reduction, or storage of offal, animals, fish, or similar objectionable refuse.
B.
The tanning or storage of rawhides and fat rendering.
C.
The manufacture of gunpowder, fireworks or other explosives, excepting as may be a by-product of other manufacturing operations, in which event all regulations of the Middle Department of the Fire Underwriters shall apply.
D.
Abattoir and stockyards.
E.
Dumps or dumping of any kind.
F.
Residential uses except as allowed under Subsection 3A of this section.
7.
Lot Requirements.
A.
Area. Not less than 12,000 square feet however each lot established in this district shall be of sufficient size to provide for all the off-street services necessary to the proper functioning of the use and the district as a whole.
B.
Width. Not less than 100 feet.
8.
Minimum Yard Requirements.
A.
No structure shall be erected closer than 20 feet to a highway right-of-way line.
B.
Parking area shall not be closer than eight feet to a highway right-of-way line.
C.
Structures within the district shall be separated by at least 15 feet. Party walls shall not be permitted. Any structure, regardless of the number of units of which it is composed or any series of structures, must provide appropriate access for firefighting equipment at intervals of not less than 1,400 lineal feet.
D.
All yards shall be of sufficient size to provide for off-street parking services, loading and unloading and other open space requirements in respect to trees, shrubs, and other vegetative material.
E.
Intrastate gathering pipelines-50 feet setback from a human occupied structure.
9.
Lot Coverage.
A.
Maximum coverage: 35%.
B.
At least 15% of the area of the district must be planted with trees, shrubs or other vegetative materials.
10.
Height: 35 feet.
11.
Off-Street Parking and Loading. For off-street parking and off-street loading, see supplementary regulations, §§ 27-609, 27-614, 27-626.
12.
Signs. See "Supplementary Regulations," § 27-617.
13.
Floodplains. See "Floodplain Management Regulations," § 27-701.
§ 27-506 A Agriculture District.
[Ord. 75-1, 1/6/1975; Ord. 11.2.04, 11/2/2004, § 1; Ord. 2.1.05, 2/1/2005; Ord. 03.01.2011.01, 3/1/2011, § 2; Ord. 10.13.2015, 10/13/2015, § 1; Ord. 10.11.2016, 10/11/2016; Ord. No. 04.10.2018.01, 4/10/2018; Ord. No. 11.08.2022.02, 11/8/2022; Ord. No. 06.10.25.01, 6/10/2025]
1.
The purpose for this district is to preserve and protect the practice of agriculture activities, to the community and nation, and to ensure the preservation of prime soils for future generations to farm. Limited residential as agricultural-related activities are permitted in the district and, uses which would substantially interfere with the principal use are discouraged.
2.
Principal Permitted Uses and Structures.
A.
Agriculture uses as defined herein.
B.
One-family dwellings.
C.
Two-family dwellings.
D.
Nonconcentrated agricultural issues.
E.
Communication towers, and antennas mounted on an existing structure, and the communication equipment facility, if any, required for that antenna.
F.
Public parks, public playgrounds, municipal recreation areas and fairgrounds.
G.
Municipal buildings.
H.
Mobile/manufactured homes as a permanent independent dwelling. (See § 27-612.)
I.
Intrastate gathering pipelines.
J.
Short-term rental.
3.
Permitted Accessory Uses and Structures.
A.
Private swimming pools.
B.
Private garages, barns, out buildings, silos, and carports when supplementary and incidental to a principal permitted use.
C.
Shelters necessary to house utility pumps, transformers and regulatory valves.
D.
Shelters and storage facilities in parks and municipal areas.
4.
Conditional Uses When Approved by the Board of Supervisors.
A.
Animal hospitals, kennels and veterinary facilities.
B.
Bed and breakfast/guest home.
C.
Campgrounds, commercial and private.
D.
Cemeteries.
E.
Church-related educational or day care facilities, subject to all state and federal regulations.
F.
Churches.
G.
Commercial day care centers.
H.
Group homes.
I.
Professional offices.
J.
Mobile/manufactured home parks.
K.
Such other uses and structures not provided for anywhere in this chapter which are similar to a use or structure permitted in this district and which do not violate the purpose of this district.
L.
Home occupation.
M.
Indoor and/or outdoor storage space sold commercially.
N.
Concentrated agricultural uses.
O.
Personal and/or commercial wind energy facilities.
P.
Solar energy development (see § 27-644).
5.
Prohibited Uses and Structures.
A.
Incineration, reduction or storage of offal, animals, fish, or similar objectionable refuse.
B.
The tanning or storage of rawhides or skins and fat rendering.
C.
Manufacturing of gunpowder, fireworks, or other explosives.
D.
Abattoir and stockyards.
E.
Strip miming.
F.
Adult bookstores.
G.
Dumps or dumping of any kind.
6.
Lot, Yard and Open Space Requirements.
A.
Minimum Lot Area per Principal Permitted Use. The lot area for all uses within this district shall not be less than one acre (43,560 square feet).
B.
Minimum Lot Depth and Width. Each lot must have minimum lot width of 150 linear feet, and depth of 150 linear feet.
C.
Minimum Yard Requirements.
(1)
Front Yard - Principal Building. Minimum of 35 feet from the right-of-way line. Corner lots shall be deemed to have two front yards.
(2)
Side Yard - Principal Building. Each lot shall have two side yards, both of which shall be no less than 15 feet.
(3)
Rear Yard - Principal Building: minimum of 25 feet.
(4)
Intrastate gathering pipelines: 50 feet setback from a human occupied structure.
D.
Height.
(1)
Buildings devoted to agriculture use shall be exempt from height regulations.
(2)
The maximum building height for a single-family dwelling shall be three stories or 35 vertical feet, whichever is less.
E.
Lot Coverage.
(1)
The maximum lot coverage for all buildings, including accessory buildings is 35%.
(2)
Agriculture Buildings. No minimum lot coverage.
F.
Off-Street Parking. See §§ 27-609, 27-614, and 27-626.
G.
Signs. See § 27-617.
H.
Floodplain. See "Floodplain Management Regulations," herein.
