Jackson Township York County
City Zoning Code
City Zoning Code
ARTICLE IV
General Regulations
§ 133-20 Applicability.
These regulations shall apply to every zoning district unless otherwise specified in this chapter.
§ 133-21 Compliance with other municipal regulations.
§ 133-22 Access to structures.
Every building and structure hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the Township Supervisors or on a lot for which a legally recorded right-of-way access to a public street or approved private street existed prior to the effective date of this chapter. After the effective date of this chapter, no lot shall be created unless it abuts a public street or a private street approved by the Township Supervisors; except that, in the case of a structure related to public sanitary sewer and water systems, such structure may be placed on a lot which is not adjacent to a public or private street as long as a legally recorded right-of-way access to such a street will exist. For the purposes of this section, a service street (alley) shall not constitute a public street or highway.
§ 133-23 Accessory uses and structures.
A.
Attached structures. Any accessory structure attached to a principal structure is considered a part of the principal structure for all regulatory purposes.
B.
Nonattached structures. Any accessory structure, standing apart from a principal structure, is permitted in the rear yard but shall not be located closer than five feet to any side or rear property line, except for structures larger than 150 square feet, which shall comply with principal structure setback requirements. In the AP and RC Zone, a nonattached accessory structure shall be permitted in the front or side yard, provided 1) the lot is five acres or more, 2) the nonattached structure has a minimum front setback of 100 feet and 3) the nonattached structure shall be at least 100 feet from any residence on adjoining properties.
[Amended 9-6-2011 by Ord. No. 190-11; 6-7-2016 by Ord. No. 210-16]
(1)
Utility sheds may be located within a required side setback area but shall not be located closer than five feet to any side property line.
(2)
No apartment(s) or living quarters shall be located in an accessory structure.
(3)
Farm produce stands may be placed in a front yard area, but shall not be placed within a street right-of-way. When located in a zone other than an AP or RC Zone, such stands must be removed when products are no longer on sale. (See § 133-44.)
(4)
The maximum height of an accessory structure in a particular zone shall be as required in the height regulations of that zone.
(5)
The combined maximum size of the building area of all accessory structures on a lot (measured in square feet) is regulated by the size of the lot on which they are located multiplied by 0.025 (2.5%).
(6)
Other than as listed above, for all other requirements, a nonattached structure is considered the same as a principal structure.
C.
Fences and walls. No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in a front or side yard area or more than six feet in any rear yard area in any residential zone or upon any lot used for residential purposes in any other zone. In a C or I Zone, a fence may be erected to eight feet in height in any yard area but no higher. The above fencing height restrictions apply universally, except as modified in Article VI of this chapter.
D.
Satellite dish antennas. Receiver dishes over 36 inches in diameter are subject to the following constraints:
(1)
Such devices shall not be roof-mounted.
(2)
Such devices shall not be placed in any required setback area.
(3)
Such devices must be located to the rear of the dwelling unit on any residential lot.
(4)
No dish antenna on a residential lot shall exceed an overall height of 18 feet above the ground or an overall diameter of 12 feet.
(5)
No more than one dish antenna is permitted per building lot.
(6)
Such devices must be appropriately screened or fenced so as not to be visually obtrusive to neighboring properties.
E.
Satellite dish antennas 36 inches or less in diameter are permitted by right in all zoning districts, subject to the following criteria:
(1)
Demonstration by the applicant that compliance with the applicable yard, setback, and height restrictions would result in the obstruction of the antenna's reception window, if it were ground-mounted; furthermore, that such obstruction involves factors beyond the applicant's control.
(2)
The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height above ground, from all property lines.
(3)
The allowance of a satellite dish antenna(s) shall in no way place liability upon the Township for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Township.
(4)
To protect aesthetics, such devices must be placed so that the dish is not visible from the front of the property. If this results in the obstruction of the satellite's reception window, every effort should be made to install the satellite dish in a way that is least visually obtrusive to surrounding properties.
(5)
A maximum of two satellite dishes per structure are permitted. Installation of any additional dishes may be permitted in the case of multiple-family dwellings when approved by the Township.
§ 133-24 Outdoor swimming pools.
A.
Every outdoor swimming pool shall conform to all applicable requirements of state law.
B.
An outdoor swimming pool is permitted only in a side or rear yard area and must be at least 10 feet from all lot lines. This requirement applies to any part of the pool structure.
C.
Every outdoor swimming pool, spa, or hot tub, if not covered by a rigid, secure cover which eliminates potential access by children and unauthorized persons, must be completely surrounded by a fence or wall that has a height of not less than four feet above the ground. The fence or wall shall be constructed so as not to have openings, holes, or gaps larger than two inches in any dimension. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
D.
An outdoor aboveground pool that has a water-containing wall of at least four feet in height serving in lieu of the fencing requirement in Subsection C shall have access by a removable or retractable ladder, which must be removed or retracted when not in use. In the event that an outdoor swimming pool that has a part or all of its water-containing wall or barrier above the level of the surrounding ground and does not have a retractable or removable ladder that is accessible at ground level at a height less than four feet or has a fixed ladder or steps, said wall or barrier shall not be construed to satisfy fencing requirements, and a separate fence meeting all of the requirements of Subsection C above must be provided. In such cases, the fence may be affixed to or upon the water-containing wall of a swimming pool or may be entirely separate from it, as long as all other requirements of this section are met.
E.
Water shall not be discharged from any swimming pool onto any adjoining property.
§ 133-25 Unenclosed storage.
A.
Vehicle storage.
(1)
Except as provided in § 133-63 of this chapter, in all zones, dismantled or partially dismantled or abandoned automobiles, tractors, recreational vehicles, trailers, and trucks must be parked or stored within an enclosed building.
(2)
In a residential zone, any vehicle that exceeds eight feet in height or exceeds 21 feet in length, when not placed within an enclosed building, shall be placed between the front wall of the principal building and the rear setback line. Such vehicles may not be placed within a side setback area.
B.
Outdoor stockpiling. In a Residential, Village, or Agricultural Zone, tire stockpiles, metal pipes, automobile parts, and similar objects and materials must be stored in a garage or an enclosed storage structure. In a commercial or industrial zone, such items must be stored in a garage or enclosed storage structure or be completely shielded by landscaping, walls, or fencing so as to screen the object(s) in all seasons of the year from the street or adjoining properties. All such storage must be accessory to an existing principal building, except as provided in § 133-63 of this chapter.
D.
Front yard. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted between the front wall of the principal building and the street line. Automobile wrecking and junkyard operations are exempt, so long as such uses comply in all other respects with applicable regulations.
§ 133-26 Setback modifications.
A.
Front setbacks of buildings on built-up streets. Where at least two buildings are fronting on the same side of a street as the lot in question, within the same block as the lot in question, set back a lesser distance than required, and not more than 100 feet from the lot in question, the average of the lesser setbacks shall become the required minimum front setback for the lot.
B.
To protect residential uses from adverse influences of traffic and restrict major thoroughfares to their traffic function, buildings (including residential and nonresidential buildings) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare. Major thoroughfares are or will be any arterial streets and collector streets specified in the Jackson/Paradise Joint Comprehensive Plan.
C.
Sight distance. Proper sight lines must be maintained at all street intersections. Corner lots must have a clear sight triangle with sides at least 75 feet in length measured along the center line of the street. This does not apply to alleys. No building or construction is permitted within such triangles. However, obstructions or plantings less than three feet in height, as measured from the grade of the roadway, shall be permitted. Posts, columns and trees shall be permitted if not obstructing the clear sight triangle.
D.
Setback on corner lots. Corner lots shall have two front setbacks, the second of which exists in lieu of one side setback.
E.
Setback on reverse-frontage or double-frontage lots. In the case of reverse-frontage or double-frontage lots, two front setbacks and two side setbacks shall be provided.
F.
Accessory or appurtenant structures. The setback regulations do not apply in the following cases:
§ 133-27 Height modifications.
The height regulations do not apply to the following projections and structures, provided that the height of any such projection or structure above its base, or the average grade level if self-supporting, shall not be greater than the shortest distance measured along a horizontal plane from such base to any lot line:
A.
Structures such as chimneys, water towers, standpipes, flagpoles, television antennas, radio towers, or cranes and other support structures or devices.
B.
Structures on buildings such as clock towers, cupolas, water tanks, and other mechanical appurtenances, if such structures, at any level, do not cover more than 25% of the roof on which they are located.
C.
Parapet walls or cornices solely for ornamental purposes if not in excess of five feet in height.
D.
Farm buildings and structures.
§ 133-28 Minimum habitable floor area.
§ 133-29 Signs.
A.
General regulations for all signs.
(1)
Determination of size. The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of open signs made up of letters, figures and designs, the space between such letters, figures and designs shall be included. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; except that where two such faces are placed back-to-back and at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal size.
(2)
Location/projection of signs.
(a)
Signs must be located so that they do not interfere with any clear sight triangle, as defined by this chapter.
(b)
For all uses, an advertising sign and a business sign must be at least 60 feet apart, and no sign exceeding 30 square feet in area may be located within 75 feet of a Residential, Village, or Agricultural Zone.
(c)
No sign shall project over a public sidewalk area or over a public highway or street unless specifically authorized by other Township or state regulations.
(d)
No sign shall project more than 35 feet above the ground.
(3)
Illumination of signs.
(a)
Flashing, rotating, animated, and intermittent lights are permitted only in the Commercial Zone within the Township. No flashing, rotating, animated, or intermittent lights or signs with red, amber, and green light configurations that simulate traffic control signals are permitted.
(b)
Signs permitted in the residential zones shall be illuminated only by indirect lighting and shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m.
(c)
A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any adjacent residence or so it does not obstruct the vision of motorists. No spotlights or floodlights shall be higher than 15 feet above ground level.
(d)
Signs which are illuminated in the colors red, green, or amber, either by colored bulbs or tubing, or in high reflection by the use of special preparations such as fluorescent paint or glass, may not be located within a radius of 200 feet of a highway traffic light or similar safety device or from the center of any street intersection.
(4)
Signs painted on buildings. Advertising painted upon, or displayed upon, a barn or other building or structure shall be regarded as an advertising sign, and the regulations pertaining thereto shall apply.
(5)
Signs within a building. Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window and/or door, announcing a sale or similar feature, provided that the latter shall not occupy more than 33 1/3% of the total display window or door area. Such signs shall be permitted in addition to any of the specific sign types designated on the charts to follow.[1]
[1]
Editor's Note: Sign Charts A and B are included at the end of this chapter.
(6)
Construction and maintenance. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated.
(7)
Termination of enterprise. Upon termination or abandonment of a use in any district, all signs pertaining to the enterprise must be removed within 30 days of such termination.
B.
Permitted permanent signs. Only the types of permanent signs listed on Chart A, which follows,[2] shall be permitted throughout the Township. Permanent signs must conform to the standards set forth in Chart A as well as satisfy the general regulations of Subsection A. Building permits shall be required for all permanent signs.
[2]
Editor's Note: Sign Chart A is included at the end of this chapter.
C.
Permitted temporary signs. Only the types of temporary signs listed on Chart B, which follows,[3] are permitted throughout the Township. Temporary signs must conform to the standards set forth in Chart B as well as satisfy the general regulations of Subsection A.
[3]
Editor's Note: Sign Chart B is included at the end of this chapter.
D.
Advertising signs. Advertising signs shall be permitted in the Commercial Zone, subject to the provision of Subsection A and the following criteria:
(1)
No advertising sign shall exceed an overall size of 300 square feet nor exceed 35 feet in height.
(2)
No advertising sign or billboard shall be located within 500 feet of another advertising sign.
(3)
All advertising signs shall be a minimum of 50 feet from all side and rear property lines.
(4)
All advertising signs shall be set back a minimum distance from the street right-of-way line that is equal to the height of the sign or 10 feet, whichever is greater. Where the top of the sign is level, that is, perpendicular to a vertical plumb line, the height of the sign shall be determined by measuring the distance from ground level to the highest point on the sign nearest the street right-of-way. In cases where the top of the sign is slanted or of irregular elevation, the minimum required setback from the street right-of-way shall be equal to the distance from the highest point of the sign to the ground level.
(5)
No advertising sign shall obstruct the vision of motorists or adjoining commercial or industrial uses which depend upon visibility for identification.
E.
Portable signs. Portable signs shall be permitted in a Commercial Zone, subject to the following requirements:
(1)
A sign permit must be obtained from the Township Zoning Officer.
(2)
The sign may be illuminated only by indirect lighting.
(3)
The placement of such signs shall not interfere with traffic or sight distance at street intersections or access to a public right-of-way.
(4)
No portable signs shall contain changeable copy.
F.
Prohibited signs. It shall be unlawful for any person, firm or corporation to erect any sign in the Township unless it is specifically permitted in this section. Unlawful signs include but are not limited to:
(1)
Any sign which, by color, shape or location, conflicts with or resembles a traffic signal device.
(2)
Signs attached to rocks, utility poles, traffic signposts, traffic signal or control devices, street signs, or historical markers.
(3)
Signs attached to trees, shrubs or any living vegetative matter.
(4)
Any sign, outside of the Commercial Zone, which advertises or publicizes an activity or business not conducted on the premises, except civic event signs.
(5)
Signs erected without the permission of the property owner or authorized agent.
(6)
Signs that create hazards to operators of vehicles and pedestrian traffic; signs which may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device.
(7)
Flashing, rotating, animated, and intermittent signs, other than in the Commercial Zone, subject to the restrictions of this section.
(8)
Any sign that obstructs free ingress to or egress from a required door, window, fire escape or other required exit.
(9)
Signs or lettering on vehicles parked for extended periods of time to circumvent the regular sign regulations.
(10)
Abandoned signs.
(11)
Signs that exhibit statements, words or pictures of obscene or pornographic subjects including those that depict sexual conduct and /or depict sexually explicit nudity.
(12)
Roof signs.
(13)
Wall signs that cover windows or architectural detail.
(14)
Pennants.
(15)
Signs with reflective backgrounds or elements.
(16)
Beacon lights.
(17)
National trademark signs and logos of companies other than the business on the premises.
(18)
Banners exceeding in size more than 10% of the façade of the structure on which they are used; banners used for more than 30 days unless permission is secured from the Township Supervisors.
(19)
Banners suspended over roadways, public driveways, or access drives.
G.
Exempt signs. The following signs shall be allowed without a sign permit and shall not be included in the determination of the number or sign area of other signs allowed within a zoning district, subject to the restrictions of this section:
H.
Regulation of legally nonconforming signs. Signs on the premises of legally nonconforming uses, such as an office in a residential area, may remain until the existing use of the premises is discontinued, subject to the regulations of this section.
(1)
If a legally nonconforming sign lists more than one business, new businesses may be added without affecting the nonconforming status of the sign. However, the sign may not be altered in any way that extends the sign's nonconformity in any manner.
(2)
Nothing in this section shall relieve the owners or users of legally nonconforming signs, or the owners of the property on which legally nonconforming signs are located, from any provisions of this section regarding the safety, maintenance, and repair of signs.
(3)
Should 50% or more of any legally nonconforming sign be damaged by any means, it shall be removed and not reconstructed except in conformity with the provisions of this section.
(4)
Any business that has closed shall remove any signs associated with the business within 60 days after it closes. The owner of the premises shall have the responsibility to ensure such signs are removed within the sixty-day period.
(5)
The existence of a legally nonconforming sign on a single- or multiple-occupancy premises shall not prevent the erection or placement of another sign on the premises if the new sign meets the requirements of this section. However, the total number of signs and the size and area of the signs shall not exceed the requirements of this section.
(6)
A legally nonconforming sign shall immediately lose its legally nonconforming designation if the sign is altered in any way. At that point, the sign shall be immediately brought into compliance with this section and a new permit secured, or the sign shall be removed.
§ 133-30 Parking.
A.
Size of parking space. The parking space must have an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant to the space and giving access to it. The parking space must be a minimum rectangular size of 10 feet wide by 20 feet long. Where five or more parking spaces are required, the total parking area, including passageways and driveways, must average 300 square feet per required parking space.
B.
Spaces required.
(1)
Off-street parking spaces must be provided for all uses and for each building erected or enlarged in accordance with the following schedule. Uses not specifically listed shall comply with the requirements of the most-similar use listed.
[Amended 6-7-2022 by Ord. No. 225-2022]
Type of Use | Minimum of 1 Parking Space for Each | |
|---|---|---|
Residential dwellings, except single-family attached dwellings, multifamily dwellings and apartments with more than 4 dwelling units within the development | 1/2 dwelling unit plus 1 space per bedroom in excess of 2 bedrooms | |
Residential dwellings, for single-family attached dwellings, multifamily dwellings or apartments with more than 4 dwelling units within the development | 1/2 dwelling unit plus 1 space per bedroom in excess of 2 bedrooms plus 2 common spaces per every 4 dwelling units within the development | |
Rooming house | Bedroom | |
Hotel, motel, bed-and-breakfast | Guest sleeping room and each employee | |
Group home | Occupant | |
Home occupation | Nonresident employee, plus 2 additional spaces for the home occupation | |
Office building | 300 square feet of gross floor area | |
Retail store or shop | 200 square feet of gross floor area | |
Convenience store | 75 square feet of gross floor area | |
Eating establishment (eat-in) | 80 square feet of gross floor area and ground area (excluding parking) devoted to patron use on the property, or 3 seats, whichever requirement is greater | |
Eating establishment (fast-food) | 2 seats and every 2 employees | |
Bowling alley, billiard room | 1/2 lane (2 spaces per lane or table) | |
Other recreational establishment | 200 square feet of gross floor area | |
Outdoor athletic facility | 4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall be provided on the site | |
Automobile repair, service station | 400 square feet of gross floor area and ground area devoted to repair and service facilities | |
Shopping center, shopping mall, shopping plaza | 200 square feet of gross floor area | |
School | Staff member, plus 1 space per classroom in an elementary or junior high school and 1 space per 5 students of projected building capacity in a senior high school or college | |
Other commercial building | 400 square feet of gross floor area | |
Convalescent home, hospital | 1/2 bed (2 spaces per bed) | |
Auditorium, house of worship, theater, and other such place of public assembly | 200 square feet of gross floor area but not less than 4 seats | |
Professional office of veterinarians, physicians, or dentists | 5 spaces for each veterinarian, physician, or dentist | |
Animal hospital | Per employee and per 4 animals of capacity | |
Financial institution | 100 square feet of gross floor area, plus 1 for each employee | |
Industrial and wholesale establishment | 11/2 employees on major shift, but at least 1 space for each 5,000 square feet of gross floor area | |
Funeral home | 100 square feet of gross floor area | |
Adult-oriented facility | 100 square feet of gross floor area, plus 1 for each employee | |
Club, lodge, and other similar place | 100 square feet of gross floor area | |
Outdoor open air retail | 1/2 vendor (2 spaces per vendor space) | |
Outdoor sales - vehicle sales | 20% of sales area to be reserved for customer parking |
(2)
In the case of an addition or enlargement of a building existing on the date of adoption of this chapter, parking spaces must be provided to the extent to which the required spaces of the altered or enlarged building exceed those applicable to the original building or use.
C.
Location. Except as restricted elsewhere in this chapter, a ground-level parking area/lot is permitted in any yard area, provided that it is at least 10 feet from any property line. The parking area must be on the same or nearby lot. If on a nearby lot, the nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 300 feet in the case of an industrial or institutional use, and 200 feet in the case of a residential use.
D.
Layout. Parking areas must be arranged so there will be no need for motorists to back over public rights-of-way.
E.
Parking area adjacent to street. For multifamily and nonresidential use where a parking area or other area open to movement of vehicles abuts the right-of-way of a public street, a pipe railing, post-and-chain barricade, raised curbs, or equally effective device satisfactory to the Township Engineer must line the public right-of-way, except at access points, so that parked vehicles will not extend into the street right-of-way or sidewalk.
F.
Paving. For all uses in Residential, Village and Agricultural Zones, and commercial, industrial, and multifamily residential uses in other zones, all required parking areas and all access drives shall be paved with concrete or bituminous paving material or other paving material acceptable to the Township Engineer.
G.
Drainage. All parking lots shall be drained to prevent damage to other properties or public streets. All parking lots shall be designed to prevent the collection of standing water on any portion of the parking lot surface. The Township Engineer must approve the grading and drainage plan for a parking lot of more than five vehicles.
H.
Marking of parking spaces. Each parking space for a multifamily, commercial, institutional, or industrial use in a parking area or lot shall be clearly marked by a permanent, durable, contrasting material.
I.
Lighting. Adequate lighting shall be provided if the parking lot is to be used at night. Such lighting shall be arranged so as not to reflect or glare on adjoining properties or streets.
§ 133-31 Loading.
A.
Spaces required. Any building erected, converted, or enlarged for any nonresidential use shall provide adequate off-street areas for loading and unloading of vehicles. Such areas shall be provided in addition to, and independent of, any parking area requirements. Off-street loading spaces must be provided in accordance with the following schedule:
Type of Use | Number of Loading Spaces | |
|---|---|---|
Commercial | 1 space for a gross floor area of 5,000 to 25,000 square feet, and 1 additional space for each 40,000 square feet of gross floor area in excess of the first 25,000 square feet | |
Office, financial institution, theater, auditorium, hotel, hospital, or other institution; bowling alley or other indoor recreational establishment | 1 space for a gross floor area of 10,000 to 100,000 square feet, and 1 additional space for each 100,000 square feet in excess of the first 100,000 square feet | |
Industry or manufacturing | 1 space for a gross floor area of 2,000 to 25,000 square feet, and 1 additional space for each 20,000 square feet of gross floor area in excess of the first 25,000 square feet | |
Wholesale, storage, or warehousing (excludes mini-storage facilities, for which no loading spaces are required) | 1 space per establishment, and 1 additional space for each 40,000 square feet in excess of the first 10,000 square feet |
B.
Size. The minimum sizes of loading spaces are as follows:
Use | Length (feet) | Width (feet) | Height if Covered or Obstructed (feet) | |
|---|---|---|---|---|
Industrial, wholesale, and storage uses | 60 | 12 | 15 | |
All other uses | 40 | 12 | 15 |
C.
Surfacing. All loading areas must be surfaced with a bituminous or concrete paving material.
D.
Location. The loading area must be arranged so that there will be no need for vehicles to back over public rights-of-way or cause the stacking of vehicles on a public street. Except in the Industrial Zone, no loading area shall be located between the front wall of a principal building and the street line.
E.
Drainage. All loading areas shall be drained so as to prevent damage to other properties or public streets. All loading spaces shall be designed to prevent the collection of standing water on any portion of the loading area surface.
F.
Lighting. Adequate lighting shall be provided if the loading area is to be used at night. Such lighting shall not reflect or project glare on adjoining properties or streets.
§ 133-32 Screens and buffers.
A.
Where a Commercial or Industrial Zone or use abuts a Residential, Village, or Agricultural Protection Zone or use, except for street frontage, the following shall apply:
(1)
A fence, hedge, earthen berm, or screen acceptable to the Township must be erected on the site of any use to screen any such use from the view of the Residential, Village or Agricultural Protection Zone or use.
B.
The space along the side and rear lot lines in a Commercial Zone abutting a Residential, Village or Agricultural Protection Zone for 50 feet in depth shall not be used for commercial operations, building, or storage. The interior 25 feet may be used for parking and access drives. The exterior 25 feet must be naturally landscaped and have no impervious ground cover.
C.
Where an outdoor recreation use, other than a golf course, adjoins a Residential, Village, or Agricultural Protection Zone, on-site fencing must be constructed or trees and shrubs planted to form an effective visual and physical barrier.
D.
In all instances where an industrial use adjoins a Residential, Village, or Agricultural Protection Zone or use, a buffer yard at least 75 feet wide must be located on the site. The interior 25 feet of the buffer adjacent to the use shall not be occupied by any building or used for storage but may be used for parking and access drives. The exterior 50 feet of the buffer adjoining a Residential, Village, or Agricultural Protection Zone shall not be used for building, storage, parking, or loading and must be naturally landscaped and have no impervious ground cover.
§ 133-33 Drainage.
A.
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. Plans shall be subject to the review and approval of the Board of Supervisors upon recommendation of the Township Engineer. Drainage plans shall be consistent with local and regional drainage plans and shall comply with Chapter 107, Stormwater Management, as amended from time to time.
§ 133-34 Driveways.
A.
Width. Within 10 feet of the street right-of-way, driveways may not exceed 20 feet in width.
B.
Number. The number of driveways may not exceed two per lot on any one street frontage. The Zoning Hearing Board may grant permission by special exception for additional driveways where required to meet exceptional circumstances and where frontage or unusual length exists.
D.
Sight distances. A driveway must be located in safe relationship to sight distance and barriers to vision as provided by the PennDOT standards for safe stopping sight distances.
E.
Slope. The driveway may not exceed a slope of 8% within 25 feet of the street right-of-way line.
F.
Paving. The portion of a driveway within a street right-of-way and for a distance of 25 feet beyond that right-of-way shall be paved with a concrete, bituminous, or other paving material acceptable to the Township Engineer to prevent gravel or other loose material from being carried onto the street.
G.
Cuts. Where a driveway enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the drive intersects the street right-of-way. The height of the bank must not exceed three feet within 10 feet of the roadway.
H.
All lots must have a separate driveway located on the lot which that drive serves, i.e., one driveway may not serve more than one lot, except for preexisting, land-locked lots of record.
§ 133-35 Access drives.
A.
Width. Access drives shall require a twenty-four-foot right-of-way. The minimum pavement width for access drives shall be 24 feet (two twelve-foot traffic lanes).
B.
Number.
(1)
The number of access drives may not exceed one per lot or tract on any one street frontage. The Zoning Hearing Board may grant permission by special exception for additional access drives where required to meet exceptional circumstances and where frontage of unusual length exists.
(2)
Where access from an arterial or collector street may be necessary for several adjoining lots, the Township may require that such lots be served by one or more combined access drives to limit possible traffic hazards on such streets.
C.
Location and design. Access drives shall have the following characteristics:
(2)
No part of an access drive shall be located closer than three feet to a property line.
(3)
At its intersection with a street, no part of any access drive shall be nearer than 50 feet to the intersection of any two street right-of-way lines.
(4)
Sight distance. A driveway must be located in safe relationship to sight distance and barriers to vision as provided by the PennDOT standards for safe stopping sight distances.
D.
Paving. All access drives shall be paved with concrete or a bituminous paving material, unless another suitable paving material is approved by the Township. All access drives must meet the minimum construction and materials specifications of the Township; however, if special conditions warrant, the Township may require more-stringent provisions.
§ 133-36 Illumination.
Where a use involves exterior lighting, the lighting must be so located and shielded that no objectionable illumination or glare is cast upon adjoining properties or any adjacent public street.
A.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security for uses that operate or have activity during hours of darkness where there is public assembly and traverse, including but not limited to the following uses: residential developments containing lot sizes of less than 20,000 square feet, residential developments of greater than 10 lots, multifamily residential developments, and commercial, industrial, municipal, recreational and institutional uses.
(2)
The Township Supervisors may require that lighting be incorporated for other uses or locations or restrict lighting in any of the above uses when deemed necessary to accomplish the purposes of this chapter.
(3)
The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as but not limited to sign, architectural, landscape, recreational and residential lighting.
(4)
Temporary decorative lighting may be exempted from the requirements of this chapter when approved by the Zoning Officer for periods of short duration.
B.
Criteria.
(1)
Illumination levels
(a)
Lighting, where required or permitted by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook or separately in IESNA Recommended Practices.
(b)
Future amendments to said recommended practices shall become a part of this chapter without further action of the Township.
(c)
Examples of intensities for typical outdoor applications, as extracted from the Lighting Handbook, are presented below but are not all-inclusive:
Use/Task | Maintained Footcandle | Uniformity Ratio | ||||
|---|---|---|---|---|---|---|
[1] | Streets, local commercial | 0.9 avg. | 6:1 avg:min | |||
Streets, local residential | 0.4 avg. | 4:1 avg:min | ||||
[2] | Parking, multifamily residential: | |||||
* | Low vehicular/pedestrian activity | 0.2 min. | 4:1 avg:min* | |||
* | Medium vehicular/pedestrian activity | 0.6 min. | 4:1 avg:min* | |||
[3] | Parking, industrial/commercial/institutional/municipal | |||||
* | High activity, e.g., regional shopping centers/fast-food facilities, major athletic/civic/cultural events | 0.9 min. | 4:1 avg:min* | |||
* | Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events | 0.6 min. | 4:1 avg:min* | |||
* | Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking | 0.2 min. | 4:1 avg:min* | |||
[4] | Sidewalks, walkways, and bikeways | |||||
* | Commercial | 1.0 avg. | 5:1 avg:min | |||
* | Residential | 0.5 avg. | 5:1 avg:min | |||
[5] | Building entrances, commercial, industrial, institutional | 5.0 avg. | — | |||
[6] | Service station pump islands | 20.0 avg. | 4:1 avg:min | |||
[7] | Car dealerships | 20.0 max. | 5:1 max:min | |||
NOTES: | ||
|---|---|---|
1. | Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface. | |
2. | Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for high-activity commercial parking, the average illuminance shall not exceed 3.6 footcandles (0.9 x 4). | |
* | In no case shall the maximum to minimum uniformity ratio for parking be in excess of 20:1. | |
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Township Supervisors.
(b)
For the lighting of predominantly horizontal surfaces, such as but not limited to, roadways, areas of vehicular and pedestrian passage, loading areas, and parking areas, fixtures, whether freestanding, wall-mounted, or any other type, shall be aimed straight down and shall meet IESNA full-cutoff criteria.
(c)
Where the use of fixtures meeting IESNA full-cutoff criteria is not practical or possible, fixtures shall be equipped with aiming and/or light-redirecting devices, such as shields, visors, baffles, skirts or hoods, when necessary to direct or redirect offending light distribution.
(d)
The use of floodlighting, spotlighting, noncutoff wall-mounted fixtures, internally illuminated decorative globes and spheres, lanterns and other fixtures not meeting IESNA full-cutoff criteria shall be permitted only with the approval of the Township, based upon acceptable justification and achievement of adequate glare control.
(e)
NEMA-head fixtures, also known as "barn lights" or "dusk-to-dawn lights," shall not be permitted where they are visible from other uses, unless fitted with a reflector or shield to render them full-cutoff.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(b)
The use of floodlights and spotlights shall be so installed or aimed that they do not project their output beyond the boundaries of the property on which they are located.
(c)
Unless otherwise permitted by the Township Supervisors, e.g., for safety or security or businesses that operate all night or past 11:00 p.m., lighting for commercial, industrial, municipal, recreational and institutional applications shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit reducing or extinguishing outdoor lighting fixtures between 11:00 p.m. and dawn to mitigate light trespass, nuisance glare and skylighting consequences.
(d)
Lighting proposed for use after 11:00 p.m., or after normal hours of operation of a business, whichever is earlier, for commercial, industrial, institutional or municipal applications shall be reduced by at least 50% from then until dawn, unless supporting a specific purpose and approved by the Township Supervisors.
(e)
All illumination for advertising signs, buildings and/or surrounding landscapes for decorative, advertising or esthetic purposes is prohibited between 11:00 p.m. and sunrise, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business and until one hour after closing.
(f)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture-mounting height, wattage, aiming angle and fixture placement.
§ 133-37 Demolition.
Demolition of any structure must be completed within 12 months of the start of such demolition. Completion consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting debris from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is completed as required in the previous sentence.
§ 133-38 Buildings under construction.
A building, the foundation of which was completed before the effective date of this chapter, may be constructed without being bound by the requirements of this chapter, provided that the construction is completed within one year after the effective date of this chapter. In like manner, a building, the foundation of which was completed before an amendment, may be constructed if the construction is completed within one year after the amendment.
§ 133-39 Division of developed lots.
No lot may be formed from part of a lot occupied by a building unless the remaining portion of the original lot and each newly created lot will meet all the applicable provisions of this chapter and Chapter 113, Subdivision and Land Development.
§ 133-40 Lots of record.
On a lot held in single and separate ownership on the effective date of this chapter or any amendment thereto that does not fulfill the regulations for the minimum lot area or lot width for the zone in which it is located, a building may be erected, altered, and used and the lot may be used for a conforming (permitted) use, provided that the setback requirements are not less than the minimum specified herein for the lots in that zone.
§ 133-41 Nonconformities.
A.
Continuance.
(1)
Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, even though such use of land or building does not conform to the use regulations specified by this chapter for the zone in which such land or building is located.
(2)
Any nonconforming lot or structure lawfully existing at the date of the adoption of this chapter may be continued.
B.
D.
Restoration. If any nonconformity is destroyed by reason of windstorm, fire, explosion or other act of God or a public enemy to an extent of more than 75% of the market value as appraised for tax assessment purposes, then such destruction shall be deemed complete destruction, and the nonconformity may not be rebuilt, restored, or repaired except upon issuance of a variance in accordance with § 133-53 of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof that has been declared unsafe.
E.
Discontinuance or abandonment. A nonconforming use shall be adjudged as discontinued or abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
F.
Reversion. No nonconformity shall, if once changed to conform to the regulations of this chapter, be changed back again to a nonconformity.
G.
Zone changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.
H.
Identification and registration. Nonconforming uses and nonconforming structures may be identified and registered by the Zoning Officer.
§ 133-42 Lot width modification.
The minimum lot width for residential properties abutting the turnaround circle of a cul-de-sac street may be calculated at the minimum front setback line rather than the street line, but in no case shall the lot width at the street line be less than 50 feet.
§ 133-43 Status of subdivision or land development plan.
A.
From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in Chapter 113, Subdivision and Land Development, and while such application is pending approval or disapproval, no change or amendment of this chapter shall adversely affect the applicant. The applicant shall be entitled to a decision in accordance with the Zoning Ordinance as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.
B.
When a preliminary or final subdivision or land development plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment in this chapter or the plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 133-44 Sale of agricultural commodities.
The retail sale of agricultural commodities is permitted in the AP, RC, or C Zone on the property where they were produced as long as the seller is an occupant of the property on which the products are sold and the sale of such products is clearly accessory to the principal use.
§ 133-45 Display units and/or vending machines.
No newspaper sales machines, vending machines, or any type of display unit may be placed on a public sidewalk or other public right-of-way.
§ 133-46 Storage receptacles, dumpsters, and other waste receptacles.
A.
Location. Dumpsters and other waste receptacles for regular, long-term use are not permitted on public rights-of-way or public sidewalks but may be placed on a lot if such receptacles are not located in or on any required parking area. Such devices shall be included in calculated lot coverage.
B.
Screening. Dumpsters and waste receptacles for regular, long-term use must be screened from the view of adjacent Residential, Village, or Agricultural Protection Zones and residential uses.
C.
Temporary storage receptacles, dumpsters, and waste receptacles may be placed on a lot for no more than 60 days. Such receptacles are not permitted on public rights-of-way or public sidewalks unless there are special circumstances that are approved by the Township Zoning Officer.
§ 133-47 Forestry.
A.
Intent. It is the intent of the following regulations to conserve forested open space and its environmental, economic, recreation, wildlife and amenity values by promoting good forest stewardship; to protect the rights of adjoining property owners; and to minimize the potential for adverse environmental impacts.
B.
Applicability. Forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. These regulations apply to all timber harvesting within the Township where the project area exceeds two acres for clear-cutting operations and five acres for selective cutting operations. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement. These provisions apply to privately and publicly owned property. These provisions apply to any site where there will be clearing of trees for any purpose, if lumber will be removed from the site.
C.
Notification and preparation of a logging plan.
(1)
Notification of commencement or completion. For all timber harvesting operations with a project area exceeding two acres for clear-cutting operations and five acres for selective cutting operations, the landowner shall notify the Zoning Officer at least 10 business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
(2)
Logging plan. Every landowner on whose land timber harvesting is to occur shall have a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request. The plan shall incorporate best management practices (BMPs) for forestry found in the publications Best Management Practices for Pennsylvania Forests, Best Management Practices for Silvicultural Activities in Pennsylvania's Forest Wetlands, and Controlling Erosion and Sedimentation from Timber Harvesting Operations.
(3)
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
D.
Contents of the logging plan.
(1)
Minimum requirements. As a minimum, the logging plan shall include the following:
(a)
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings.
(b)
Design, construction, and maintenance of water-control measures and structures, such as culverts, broad-based dips, filter strips, and water bars.
(c)
Design, construction, and maintenance of stream and wetland crossings.
(d)
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(2)
Map. Each logging plan shall include a sketch map or drawing containing the following information:
(a)
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;
(b)
Significant topographic features related to potential environmental problems;
(c)
Location of all earth-disturbance activities, such as roads, landings, and water-control measures and structures;
(d)
Location of all crossings of waters of the commonwealth;
(e)
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan shall address and comply with the requirements of all applicable state regulations, including but not limited to the following:
(a)
Erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.). An erosion and sedimentation plan shall be on-site and shall be approved by the York County Conservation District when required.
(4)
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection D(3)(a) and (b) of this section, provided that all information required by those subsections is included or attached.
E.
Forest practices. The following requirements shall apply to all timber harvesting operations in the Township:
(1)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.
(4)
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(5)
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
(6)
Skid trail, skid road, haul road, and landing area design shall be consistent with Pennsylvania Department of Environmental Protection guidelines.
(7)
Routes using municipal roads shall be approved by the Township Supervisors. The Supervisors will also set the maximum gross weight permissible on municipal roads.
(8)
Hours during which harvesting can occur are subject to the approval of the Township Supervisors.
(9)
Landing or staging areas and haul or skid roads shall be restored and reseeded after the harvest is complete. Site access roads shall be closed to the general public.
F.
Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to municipal roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic and may be required to furnish a bond to guarantee the repair of such damages. No mud or debris shall remain on public roads.
G.
Enforcement.
§ 133-48 Private mailboxes.
A.
Private mailboxes and/or newspaper tubes are permitted, provided that no portion of the mailbox and/or newspaper tube or supporting structure shall extend beyond the back edge of the street curb where curbs are installed. Along streets with no curb, no portion of the mailbox and/or newspaper tube shall extend to within two feet of the cartway edge.
B.
If a property utilizes a curbside mailbox for mail delivery, said mailbox must comply with the manufacturer's specifications under the United States Postal Service (USPS) Standard 7 (Mailboxes, City and Rural Curbside). The box should bear the Township-designated street address and may bear the owner's name and street name. Advertising on the boxes or supports is prohibited, with the exception of newspaper names on delivery tubes attached to mailbox supports.
C.
Curbside mailbox supports must meet the height criteria established by the USPS. Any pole recommended by the manufacturers of mailboxes conforming to the appropriate governmental regulations shall be acceptable. Support structures that do not conform to postal regulations are prohibited. A pole or post providing the equivalent support or size of a wood 6 x 6 inch post shall represent the maximum support allowed for a mailbox. Box supports designed to prevent vandalism by providing protection from destruction rather than support of the box are not permitted on the right-of-way of streets, roads, and highways within the Township.
D.
Any existing mailbox structure otherwise prohibited that is located in the right-of-way of any road in the Township shall be permitted to remain if found not to be a traffic hazard by the Township Engineer. A mailbox structure shall be classified as a traffic hazard if one or more of the following conditions apply:
(1)
It is located so to obstruct any part of a clear sight triangle at or within 75 feet of any intersection.
(2)
It is located in the vicinity of a road curve so that the inertia of a motor vehicle that fails to negotiate the curve could cause it to collide with the structure.
(3)
If the structure impairs the view of approaching traffic or of any traffic signs, markings, or signals.
(4)
The structure is so close to the cartway to present a threat of collision to oversize loads and bicyclists traveling along the road or berm of the road.
§ 133-49 Alternative energy requirements.
A.
Intent. The alternative energy requirements are designed to recognize the need for conservation of energy and natural resources to facilitate the utilization of renewable resources. These regulations are designed to allow the installation of renewable energy devices and provide the opportunity for individuals to reduce energy dependence by encouraging the productive use of solar and wind energy components.
B. ACTIVE SOLAR ENERGY SYSTEM ENERGY STORAGE FACILITY PASSIVE SOLAR ENERGY SYSTEM SOLAR COLLECTOR SOLAR ENERGY SOLAR ENERGY SYSTEM SKYSPACE WIND ENERGY CONVERSION SYSTEM WIND ROTOR
Definitions. The following terms are specifically designed for use within this section:
A solar energy system that requires external mechanical power to move collected heat.
Equipment consisting of containers, heat exchangers, piping, and other transfer mechanisms (including fluids, gases, or solids), controls, and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems.
A solar energy system that uses natural and architectural components to collect and store energy without using any external mechanical power.
A freestanding or fixed device, or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy that contributes significantly to a structure's energy supply.
Radiant energy (direct, diffused and reflected) received from the sun.
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.
The open space between a solar or wind collector and the sun or prevailing wind that must be free of obstructions that may shade or impede the collector to an extent that would reduce its cost-effective operation.
A device that converts wind energy to mechanical or electrical energy; commonly referred to as "windmills."
The blades, and hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is used on a pole or tower along with other generating and electrical storage equipment and forms a wind energy conversion system.
C.
Solar, wind and alternate energy standards. The use of solar, wind and alternate energy systems is encouraged within these regulations and permitted within any zoning district. Although the installation of such systems is not mandatory, where they are utilized, the following shall apply:
(1)
Active and passive solar systems, wind energy systems and similar alternate energy systems, including customary energy storage accessories, shall be permitted for the production, collection, movement, distribution or storage of heated water, air or other medium that is intended for conveyance to a principal or accessory building. Systems may include the following, subject to the requirements contained herein:
(a)
Solar panels with a combined glazing area of 65 square feet or less may be placed in any required yard but shall not be closer than two feet from any property line.
(b)
Solar panels with a combined glazing area in excess of 65 square feet, provided that:
[1]
Solar panels attached to a principal structure shall comply with the zoning setbacks prescribed for a principal structure in the applicable zoning district.
[2]
Solar panels that are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of this chapter.
(c)
Solar greenhouses attached to principal structures shall meet all yard requirements for a principal structure in the applicable zoning district. Solar greenhouses attached to accessory structures shall meet all yard requirements specified for accessory structures in this chapter.
(d)
Detached solar greenhouses shall meet all yard requirements specified for accessory structures in this chapter.
(e)
Wind energy conversion systems, provided that:
[1]
The structure supporting the wind rotor unit shall be located a minimum distance of 1,500 feet from any residential structure. The height of such structures shall not exceed 75 feet.
[2]
Towers may be ground- or roof-mounted and shall be securely fastened as per manufacturer's specifications or a demonstrable equivalent to achieve maximum safety and prevent collapse or fall. Any propeller or turning device that reacts to wind velocity shall have a governor to control the speed of revolutions. Such governor may include a rudder that turns the propeller away from the wind, individually spring-mounted paddles that turn away from the wind, or other suitable manufacturer's device. Towers shall be locked or secured to prevent unauthorized access, and in no case shall a permanently mounted ladder be affixed less than 10 feet from grade level.
D.
Protection and maintenance. The improvements required and permitted within this section shall be protected and maintained to ensure the environmental benefits of nonpolluting, replenishable alternate energy. The following requirements shall apply:
(1)
Protection.
(a)
Where a solar or wind energy system has been installed to serve an existing structure, it shall be the responsibility of the property owner to secure any easements or restrictive covenants necessary to protect the skyspace affecting the solar or wind energy system. Such an agreement shall be negotiated between owners of affected properties, but it is not a requirement for approval of a building and zoning permit for the solar or wind energy system.
(b)
Maximum height requirements of this chapter shall not apply to roof-mounted solar collector systems.
E.
Plans and permits.
(1)
Plans depicting solar or wind energy installations shall be submitted at the time of application for a building and proposed use permit. Information may be included on the required plot plan specified in this chapter or submitted on a separate plan. In addition to the information required elsewhere within this chapter, plans shall include:
(2)
Building and proposed use permits. A building and proposed use permit shall be required for installation of, expansion of or alteration to any of the energy systems described within this section. Applicable procedures of this chapter shall apply during the processing of such permit applications. Where desired, the Zoning Officer may refer plans to any other applicable agencies for review and comment prior to formal action on the permit application.
§ 133-50 Prohibited uses.
A.
No building or structure may be erected, altered, or used and no lot or premises may be used for any activity which is noxious, injurious, or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, effluent discharge, illumination, or similar substances or conditions.
B.
No land or structures in any zoning district shall be used or occupied in any manner that creates any nuisance in a manner or an amount that will adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.
C.
No building or structure may be erected within a street right-of-way except for official traffic signs, utility poles, streetlights, street signs, United States Postal Service mailboxes, and other similar structures approved by the Township Supervisors. No decorative pillars, statuary, or gates are permitted within the street right-of-way.