Jackson Township York County, PA Zoning Ordinance

A single-family detached dwelling unit may be constructed or converted and may allow a second kitchen to provide one additional dwelling unit for a family member. For the purposes of this section, the term "provide" shall mean either the accessory dwelling unit shall be constructed completely within an existing principal building or by an addition to the original single-family detached dwelling, provided the addition meets all setback and coverage requirements. For the purpose of this section, family member(s) shall include and be restricted to the following family relationship to a record owner of the property:

Grandparent(s) over 65, or under 65 with a medical necessity.

Parent(s) over 65, or under 65 with a medical necessity.

Children or grandchildren, either with a medical necessity.

(d)

Sibling with a medical necessity

Proof of a medical necessity, in the form of a letter from a doctor or physician, shall be provided to the Zoning Officer at the time of application and shall be verified in January of each year of duration of the special exception.

A special exception issued under this section shall expire at the time the family members for whom the special exception has been granted vacate the property as their primary residence. Upon expiration of the special exception, the second kitchen shall be removed from the accessory dwelling unit. The principal single-family detached dwelling in question shall be owner-occupied during the duration of the special exception, proof of which shall be supplied on an annual basis in the month of January to the Zoning Officer.

Under no circumstance shall there be more than two family members who occupy the accessory dwelling unit (excluding any health care providers who are caring for an occupant of the accessory dwelling unit).

A second mailbox is not allowed, and no additional street address number will be assigned.

Off-street parking in addition to that required for the principal single-family detached dwelling unit is required for an accessory dwelling unit. That required additional parking is one space per added bedroom.

Only one accessory dwelling unit may be established upon a lot. Including the principal dwelling, there shall be a maximum of two dwelling units per lot.

No accessory dwelling unit shall be subdivided from the principal use, and no accessory dwelling unit shall be sold separately from the principal use.

Additions and alterations to the principal single-family detached dwelling to accommodate the accessory dwelling unit shall be made to the side or rear of the building, provided that all setback and coverage requirements are met; and no addition or alteration to the principal residential building, to accommodate an accessory dwelling unit, shall be made to the building facade or into the front yard.

The accessory dwelling unit may have an entrance separate from the entrance to the single-family detached dwelling, but an entrance exclusively for an accessory dwelling unit shall not be located on the building front facade.

The accessory dwelling unit shall be connected within the principal single-family detached dwelling to the principal use via an interior doorway with a working and usable door, as means of access for purposes of supervision and emergency response.

Vehicular access to the accessory dwelling unit shall be limited to the same driveway to the street right-of-way that serves the principal single-family detached dwelling.

The accessory dwelling unit shall physically be connected to the existing principal residential building's sewage system and water supply system. A proposed accessory dwelling unit to be added to an existing dwelling unit attached to the public sewer system shall be required to purchase a second EDU of sewage capacity at the then-current tapping fee, and quarterly invoices for sewage rates for the accessory dwelling unit, as well as the principal residence, shall be billed to the record owner of the principal single-family dwelling unit.

If other than public sewer and public water systems are to be used, the applicant shall submit evidence that the total number of bedrooms of the principal use and the accessory dwelling unit on the site will not exceed the maximum capacities for which the systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing individual on-lot sewage system shall be subject to the review and approval of the Sewage Enforcement Officer or Pennsylvania Department of Environmental Protection.

No separate utility system or connection serving the accessory dwelling unit shall be constructed or used, including but not limited to electric, gas and water.

In the event an accessory dwelling unit is approved in the AP Zone, such accessory dwelling unit shall not be counted against the permitted number of dwellings or group homes as provided in § 133-9B(1)(a) above.

Deed restriction; agreement with Township.

The record owner of the property shall grant a deed restriction limiting such use in accordance with the foregoing provisions in favor of Jackson Township. Additionally, the record owner shall execute a separate agreement with Jackson Township, which agreement shall:

Describe the dimensions and location of the accessory dwelling unit.

Identify the occupant or occupants of the accessory dwelling unit.

Be in a recordable form acceptable to Jackson Township so as to provide notice at the York County Recorder of Deeds office.

All costs related to the preparation and recording of the foregoing documents shall be the responsibility of the applicant for the accessory dwelling unit and shall be paid to Jackson Township prior to issuance of any building permit and occupancy permit.

§ 133-58 Adult-oriented facility.

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

No materials, merchandise, film, or service offered for sale, rent, lease, loan, or for view shall be exhibited, displayed, or graphically represented outside of a building or structure.

Any building, structure, or room used and occupied as an adult-oriented facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service, or entertainment are exhibited or displayed; and no sale materials, merchandise, film, or offered items of service or entertainment shall be visible from outside the structure. The use shall not be in coordination with the sale or consumption of alcoholic beverages.

No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service, or entertainment offered therein.

Each and every entrance to the structure shall be posted with a notice that the use is an adult-oriented facility and that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.

No part of an adult-oriented facility shall be located within 1,000 feet of a property containing a school, house of worship, or child day-care facility (as defined herein).

Parking shall be established at the minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space for each employee.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces

Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, that is, in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation standard and the latest edition of the Trip Generation Manual of the Institute of Transportation Engineers), access shall be by an arterial or collector street as designated in the Township's Comprehensive Plan

§ 133-59 Airport or airstrip.

In an I Zone and subject to the requirements of that zone, except as herein modified and provided:

This use can be considered as an accessory use to an existing or proposed principal use, provided that all applicable provisions for its establishment are satisfied.

The proposed facility shall be constructed, operated, and maintained in accordance with the rules and regulations of the Federal Aviation Administration and the Pennsylvania Bureau of Aviation governing the use of airports.

Certification that the site has been inspected and licensed by the Bureau of Aviation of the Pennsylvania Department of Transportation must be submitted to the Township prior to use of the site.

§ 133-60 Apartment in conjunction with a commercial establishment.

In the V and C Zones and subject to the requirements of the zone in which it is located, except as herein modified and provided:

Apartments are permitted as an accessory use above the first floor of a commercial use.

A separate entrance must be provided for the residential use.

The open area, that is, that part of the lot not covered by buildings or structures, provided for the lot must include a minimum of 400 square feet of area for each dwelling unit.

All parking, habitable floor area, and other applicable requirements of this chapter shall be satisfied in addition to those required for the commercial use.

Apartments in cellars are prohibited.

Apartments in detached accessory buildings are prohibited

§ 133-61 Automobile and/or recreational vehicle and/or trailer sales, automobile body shop and/or automobile garage.

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

For automobile, recreational vehicle, or trailer sales, the lot must be improved with a building.

All service and/or repair activities shall be conducted within a wholly enclosed building.

No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service or repair operation shall be permitted.

The demolition or junking of automobiles is prohibited.

All vehicles shall be repaired and removed from the premises within a six-week period.

All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties or residential uses.

§ 133-62 Automobile washing facility.

In the C and I Zones and subject to the requirements of the zone in which the use is located, except as herein modified and provided:

All structures housing washing apparatus shall be set back at least 50 feet from any street right-of-way line and 25 feet from any side property line.

Trash receptacles must be provided and routinely emptied to prevent the scattering of litter.

The facility shall be limited to the washing, waxing, and cleaning of automobiles.

Sufficient on-site stacking lanes shall be provided to prevent vehicle backup on adjoining roads: 100 feet for self-service, and 300 feet for full-service.

A drying area shall be provided.

Public sewers must be utilized if available; otherwise, all wastewater must be deposited in a disposal system approved by the Pennsylvania Department of Environmental Protection.

A water feasibility study must be submitted to ensure that adequate water supply is available and that the use will not adversely affect the water supply of neighboring properties.

If the facility is adjacent to a residential use, the hours of operation shall be limited to one hour past dawn to one hour prior to dusk.

§ 133-63 Automobile wrecking or junkyard.

In the I Zone and subject to the requirements of that zone, except as herein modified and provided:

The maximum lot area shall be five acres.

The minimum lot width shall be 300 feet.

Setbacks: Any area used for this purpose must be at least 75 feet from any property line and 100 feet from any street line.

The area to be used must be completely enclosed with a six-foot-high fence so constructed as not to have any openings greater than six inches in any direction and shall be screened as necessary to protect neighboring properties.

It must comply with all applicable state regulations and Chapter 76, Junkyards.

No garbage or other organic waste shall be stored on the premises.

All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties or residential uses.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

Junk and debris shall not reach a height above eight feet from the surface.

The premises shall be maintained so as not to constitute a public nuisance or health hazard to the community or nearby residents or to create a place for the breeding of rodents or vermin.

The manner of storage, arrangement of junk, and drainage facilities shall be designed to prevent the accumulation of stagnant water and to facilitate access for inspection purposes and fire fighting.

Fluids, such as antifreeze, oil, and gasoline, from junked vehicles and equipment shall not be drained upon or allowed to spill upon the ground. Such fluids shall be disposed of in the appropriate manner, such as oil-reclamation centers and the like.

§ 133-64 Bed-and-breakfast inn.

In an AP, RC, R-1, R-2, R-3, V, or C Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Guest stays shall be limited to a maximum of 14 consecutive days.

The maximum number of guest rooms shall be five.

A minimum of one off-street parking space per guest room shall be provided in addition to the required parking for the dwelling unit.

One sign may be erected on the property. The maximum size shall be two square feet, and it may be illuminated only by indirect lighting.

The inn must comply with local regulations, including but not limited to fire, health, and building codes, where applicable.

Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.

Meals shall be served only to overnight lodgers.

§ 133-65 Building materials sales.

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, that is, in excess of 750 vehicles trips per day (as per the Pennsylvania Department of Transportation standard and the latest edition of the Trip Generation Manual of the Institute of Transportation Engineers), access shall be by an arterial or collector street as designated in the Township's Comprehensive Plan.

All outdoor storage and display areas shall be screened from adjoining roads and properties.

§ 133-66 Campground (includes recreational vehicle parks).

In the RC Zone and subject to the requirements of that zone, except as herein modified and provided:

The minimum lot area shall be five acres.

Setbacks. All campsites shall be located at least 50 feet from any property line or street line.

The proposed campground must comply with the appropriate health, sanitary, and safety regulations of the Township and the Commonwealth of Pennsylvania.

Guest stays shall be limited to a maximum of 14 consecutive days.

No more than 20 campsites shall be permitted per acre. A parking space for one automobile shall be provided at each campsite, which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common area or lot.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces. All campsites shall be screened from adjoining residential uses.

Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate medium or higher volume of traffic, that is, in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation standard and the latest edition of the Trip Generation Manual of the Institute of Transportation Engineers), access shall be by an arterial or collector street as designated in the Township's Comprehensive Plan.

All campgrounds shall furnish Township-approved centralized sanitary sewage and garbage collection facilities that shall be set back a minimum of 100 feet from any property line.

An internal road system shall be provided. The pavement width for the access drive entranceway shall be at least 24 feet as required by § 133-35. The pavement width for internal drives shall be a minimum of 16 feet. All internal drives must be improved to a mud-free condition, passable for vehicles in all types of weather.

Any accessory retail or service commercial uses shall be set back at least 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for such uses shall have vehicular access from the campground's internal road rather than the public street. The parking requirements for such uses shall be those required for the retail stores in § 133-30B of this chapter.

Sewer and water facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.

The use must comply with all applicable state and local laws and regulations.

§ 133-67 Cemetery.

In an AP, RC, or R-2 Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

All burial plots, mausoleums, chapels, and associated equipment storage facilities shall be located at least 30 feet from all property or street lines.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

No burial plots or facilities are permitted in flood hazard areas.

Pet cemeteries must meet all of the above applicable requirements.

§ 133-68 Club room, club grounds, or meeting hall.

In an AP, RC, or R-3 Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

The use shall not be in association with adult-oriented facilities.

The use shall not constitute a public or private nuisance.

§ 133-69 Commercial parking lot or building.

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

Not more than 80% of the lot area shall be covered with impervious surfaces.

No sale, rental, service, or repair operation is permitted.

The design of the parking facility must be approved by the Township Engineer with regard to layout, access, drainage, and dimensions of aisles.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces. All commercial parking lots or buildings shall be screened from adjoining residential uses.

To protect other vehicles and pedestrians in the immediate area of such a use, railing, fencing, posts and chains, or similar protective barriers must be located on the perimeter of the parking areas, except at access drives.

§ 133-70 Communications tower and communications equipment building.

In the RC, C, or I Zone, communications towers and communications equipment buildings are permitted by special exception, subject to the requirements of the zone in which located, except as herein modified and provided:

Evidence.

Any applicant proposing construction of a new communications tower shall present evidence of the following:

That the tower must be in that location to function properly within the applicant's existing and already constructed grid;

That, despite the best efforts of applicant, it is not possible to co-locate the proposed antennas on an existing tower, building, or structure; and

That the proposed height of the tower is the minimum required to properly function in the applicant's grid.

The foregoing evidence shall not be based upon financial considerations.

In the RC, C, or I Zone, the maximum height of any communications tower, together with the communications antenna, shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet if the required setbacks from adjoining property lines (not lease or license lines) are increased by one foot of lateral distance for each one foot of height in excess of 150 feet.

The foundation and base of any communications tower shall be set back from any property line (not lease or license line) at least 50 feet.

A communications tower may be located on a lot occupied by other principal structures and may occupy a leased or licensed parcel within a lot meeting the minimum lot size requirements of this chapter.

The minimum lot area for communications towers shall be 12,000 square feet for each tower.

Climbing access to the tower shall be secured from use by unauthorized persons, and the perimeter of the site shall be secured by a fence with a minimum height of eight feet, topped by barbed wire to limit accessibility to the general public. One off-street parking area shall be provided within the fenced area. The parking area need not be paved, lighted, or striped unless the surrounding area is also paved, lighted, or striped, or unless the Board determines that paving, lighting, or striping is required to keep in character with the neighborhood.

Access shall be provided to the communications tower and communications equipment building by a public or private street, easement or right-of-way. In the case of an easement or right-of-way, the easement or right-of-way shall be a minimum of 20 feet in width and shall comply with the requirements set forth in § 133-35.

Buffers and screens shall be provided as necessary to adequately screen the fenced area to a height equal to the height of the fence. Natural landscaping shall be preferable. The applicant shall use all reasonable efforts to minimize disturbance and tree removal.

No signs or lights shall be mounted on a communications tower, except as shall be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction. Any such required lighting shall, whenever practical, be directed away from adjoining properties. No strobe lights shall be permitted unless no alternatives are permitted by law. The Zoning Hearing Board, in its discretion, may prohibit any tower for which lights may be required.

The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, or with the current American National Standards Institute (ANSI) Standards for Communications Towers.

The communications tower must be capable of supporting other users, and the applicant must agree to permit co-location of other users upon any reasonable request. Such request can be denied only for technological, engineering, or structural reasons.

The communications equipment building shall comply with the required yard, setback, and height requirements of the applicable zoning district for an accessory structure.

The owner, licensee or operator shall annually certify to Jackson Township that the tower is structurally sound and remains in use. If a communications tower remains unused for a period of 12 consecutive months or becomes structurally unsafe, the owner, licensee, operator or landowner shall dismantle and remove the communications tower and any associated buildings within six months of the expiration of such twelve-month period. The applicant shall submit a bond or letter of credit in an amount equal to the cost of removal or demolition of said tower, the amount of which shall be determined by the Township Engineer. The bond or letter of credit shall be used in the event the owner, licensee, operator or landowner shall fail to dismantle and remove the abandoned communications tower within the above-referenced six-month time period.

[Amended 9-6-2011 by Ord. No. 190-11]

The applicant shall submit a certificate of insurance evidencing general liability coverage of at least $1,000,000 per occurrence and property damage coverage of at least $1,000,000 per occurrence, covering the communications tower, communications antennas and communications equipment buildings. Jackson Township shall be named as an additional insured on the insurance policy. Such liability coverage shall not be cancelable without at least 30 days' prior written notice to the Township. Annual policy renewal certifications shall be submitted to the Township; if coverage lapses or is canceled, the Township shall have the right to order the demolition or removal of the tower and any associated structures.

All applicants for special exception under this section shall notify, in writing, all owners of public or private airports in Jackson Township of their intention to construct a communications tower. Such notice shall indicate the date, time, place and matter to be considered at a public meeting of the Zoning Hearing Board and shall include a brief description of the location and height of the proposed tower and state that interested persons may attend the forthcoming meeting(s) and will be heard. Such notice shall be by certified mail (return receipt requested), at the applicant's expense. The applicant shall furnish the Township with copies of the notice as well as return receipts or other evidence of compliance with the requirements of this section prior to Zoning Hearing Board approval.

§ 133-71 Convalescent home or hospital.

In the R-3, V, or C Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

§ 133-72 Day-care center (child or adult) or nursery school.

[Amended 9-6-2011 by Ord. No. 190-11]

In the R-1, R-2, R-3 or V Zone, subject to the requirements of that zone, except as herein modified and provided:

The facility shall obtain a certificate of licensure from the Pennsylvania Department of Public Welfare and provide a copy of said certificate to the Township prior to occupancy approval by Jackson Township.

Outdoor play areas for children, including at least 65 square feet per individual enrolled, must be located in a side or rear yard and be sufficiently enclosed so as to provide for the health and safety of the children as determined by the Zoning Hearing Board. All outdoor play areas shall be wholly or partially shaded by trees or a pavilion(s).

At least one parking space for each employee plus one space for each 100 square feet of habitable floor area shall be provided.

§ 133-73 Day-care home (family or group).

In the RC, R-1, R-2, R-3, or V Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

The facility shall obtain a certificate of registration from the Pennsylvania Department of Public Welfare and provide a copy of said certificate to the Township.

Outdoor play areas, including at least 260 square feet per group or family, must be located in a side yard or to the rear of the dwelling and be sufficiently enclosed so as to provide for the health and safety of the children as determined by the Zoning Hearing Board. All outdoor play areas shall be wholly or partially shaded by trees or a pavilion(s).

Day-care operations shall be conducted so as to be clearly incidental and accessory to the primary use of the property as a residential dwelling.

§ 133-74 Domiciliary care home.

In the AP, RC, R-3, or V Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

If applicable, the facility must be certified by the York County Area Agency on Aging prior to occupancy approval by Jackson Township.

Domiciliary care operations shall be conducted as an accessory use to the primary use of the property as a single-family residence.

The domiciliary care home must be owner-occupied, and only family members residing on the premises shall provide the care associated with a domiciliary care facility.

No facilities for cooking or dining shall be provided in individual rooms or suites.

The home must comply with all local regulations, including but not limited to fire, health, and building codes.

§ 133-75 Farm implement sales and service.

In an AP, RC, or C Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

The lot must be improved with a building containing an office, display room, and appurtenant facilities.

All service or repair activities shall be conducted within a wholly enclosed building.

No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service or repair operation shall be permitted.

All exterior vehicle storage areas shall be screened from adjoining residential uses or residential zones.

The demolition or junking of implements and equipment is prohibited.

No vehicles, implements, or equipment shall be stored if not awaiting repair or resale.

§ 133-76 Greenhouse or horticultural nursery.

In an AP, RC, or I Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, that is, in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation), access shall be by an arterial or collector street as designated in the Township's Comprehensive Plan.

The display and sale of items not grown or planted on the premises shall be incidental to the nursery operation. The display and sales area for such items shall be limited to a total of 25% of the gross display and sales area of the property.

The display, sale, or repair of motorized nursery, lawn or garden equipment shall not be permitted.

All structural improvements, such as parking and loading facilities, shall be screened from adjoining properties where the use abuts a residential zone.

In an AP or RC Zone, one freestanding or attached sign advertising the use may be permitted, the maximum size of which shall be 12 square feet. Such sign must be at least 10 feet from all lot lines.

§ 133-77 Group quarters.

In the R-3 or V Zone and subject to the requirements of that zone, except as herein modified and provided:

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

A common kitchen and dining facility shall be provided, and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere.

Each group quarters shall provide one off-street parking space for each occupant.

All group quarters shall comply with all applicable building, health, and fire codes.

All group quarters shall be connected to water and sanitary sewage facilities approved by the Pennsylvania Department of Environmental Protection.

Group quarters may be an accessory or principal use but must be directly affiliated with a parent religious, educational, charitable, or philanthropic institution.

The Zoning Hearing Board may attach certain conditions to approval in order to preserve and protect the character of the zoning district and health, safety and welfare of the public.

§ 133-78 Halfway house.

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

A minimum of 250 square feet of habitable floor area must be provided for each occupant, including any staff.

A common kitchen and dining facility shall be provided, and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require any kitchen and dining facilities if an affiliated institution provides them elsewhere.

All halfway houses shall be connected to water and sanitary sewage facilities approved by the Pennsylvania Department of Environmental Protection.

All halfway houses shall comply with the rules and regulations of the Pennsylvania Department of Labor and Industry and all other applicable building, safety, and fire codes of the federal, state, or local government.

All halfway houses shall provide one off-street parking space for each occupant and each employee.

§ 133-79 Heliport.

In an I Zone and subject to the requirements of that zone, except as herein modified and provided:

This use may be considered as an accessory use to an existing or proposed principal use, provided that all applicable provisions for its establishment are satisfied.

The proposed heliport shall be constructed, operated, and maintained in accordance with the published rules and regulations of the Federal Aviation Administration and the Pennsylvania Bureau of Aviation governing the use of heliports.

Certification that the site has been inspected and licensed by the Bureau of Aviation of the Pennsylvania Department of Transportation must be submitted to the Township prior to use of the site.

§ 133-80 Home occupation.

Subject to the requirements below, the following home occupations and professions may be authorized only in a dwelling unit in an AP, RC, R-1, R-2, R-3, or V Zone: physician, dentist, clergyman, lawyer, engineer, accountant, architect, teacher, artist, licensed insurance or real estate agent, seamstress, barber, beautician, and similar service occupations and professions.

Regulations for permitted home occupations and professions:

Employees. No person other than a resident of the dwelling unit may practice the occupation. No more than one person shall be employed to provide secretarial, clerical, or other assistance.

Pupils. No more than two pupils may receive instruction at a time.

Coverage. Not more than 30% of the habitable floor area of the dwelling unit may be devoted to a home occupation or profession.

Appearance. The character or external appearance of the dwelling unit must be that of a dwelling. No display of products may be shown so as to be visible from outside the dwelling. A nameplate not larger than two square feet in area is permitted and may be illuminated only by indirect lighting.

Parking. Garages shall not be considered parking area for home occupations. Besides the required parking for the dwelling unit, additional parking is required as follows:

Two spaces for the home occupation and one space for a nonresident employee.

Each space shall not have direct access to the street in order to avoid vehicles backing into the flow of traffic.

Two additional spaces for a physician, dentist, barber, or beauty shop are permitted.

Sales. There shall be no stock-in-trade stores or commodities kept for sale that are not goods produced on the premises or used in connection with a permitted home occupation.

(7)

The following types of home occupations may be authorized in an accessory structure only in the AP or RC Zone: farm implement and equipment repair, vehicle repair, woodworking, blacksmithing, and similar small shop work.

(8)

Such home occupations in the AP or RC Zone shall comply in all other respects with the regulations for other home occupations permitted in dwellings with regard to numbers of persons involved, parking areas, signs, and displays. In instances where the repair of vehicles or equipment is concerned, such must be enclosed within an accessory structure or appropriately screened from view as determined by the Zoning Hearing Board.

§ 133-81 House of worship.

In the AP or V Zone, a house of worship shall comply with the following requirements:

The primary organization utilizing the facility shall be a nonprofit organization registered in the Commonwealth of Pennsylvania.

Principal structures shall have minimum side yards of 50 feet each; all other setbacks and structures shall be sited in compliance with the regulations of the AP or V Zone.

One single-family residence is permitted as an accessory use when located upon the same lot as the principal place of worship, subject to the following conditions:

The total floor area of the residential use shall not exceed 25% of the floor area of the principal structure.

The residents must be directly involved in the operation of the place of worship.

All residential structures shall comply with the structure height and setback requirements of the AP or V Zone.

Educational or day-care facilities are permitted as accessory uses when located on the same lot as the principal place of worship and subject to the following conditions:

If education or day-care is offered below the college level, an outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence and shall be screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (not poisonous or thorny). All outdoor play areas must provide a means of shade, such as shade trees or a pavilion(s).

Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.

Passenger drop-off areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

All structures accommodating education and day-care uses shall be governed by the location, height, and bulk standards applicable to principal uses permitted within the AP or V Zone.

Unless the applicant can demonstrate that the off-street parking associated with the place of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students enrolled below grade 10, and/or one off-street parking space for each three students in grades 10 and above.

The use shall comply with all other applicable regulations of this chapter and other Township ordinances, including but not limited to the requirements for landscaping, off-street parking (except as noted below), and signage.

Parking.

All parking shall be in accordance with § 133-30 of this chapter.

Where the place of worship includes accessory use(s) other than the worship services, the use of shared parking shall be encouraged. In such cases, the amount of required off-street parking provided need not be equal to that amount required of all uses on the site, only the amount required for that particular use.

Off-street parking areas shall be designed and constructed to prevent traffic from backing onto public streets.

All required parking shall be located on the site of the facility.

Off-street parking areas shall be set back a minimum of 25 feet from all street right-of-way lines and 30 feet from any adjoining residential properties.

§ 133-82 Industrial park.

In the I Zone and subject to the requirements of that zone, except as herein modified and provided:

Permitted uses. All uses permitted in the Township's Industrial Zone shall be permitted.

Lot area. Minimum lot area must be provided equal to that required if individual lots were to be subdivided and sold to tenants.

Lot width: 300 feet minimum. Individual parcels within the park shall have a lot width of at least 150 feet.

Consideration shall be given to potential traffic volumes and problems. If the proposed use will generate a medium or higher volume of traffic, that is, in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation standard and the latest edition of the Trip Generation Manual of the Institute of Transportation Engineers), access shall be by local streets in the I Zone that are connected to arterial or collector streets, or by an arterial or collector street as designated in the Township's Comprehensive Plan.

Public or community water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.

Individual parcels within the park shall have minimum setbacks as required for other uses in the I Zone.

All internal streets providing access to parcels within the park shall be constructed to Township specifications. Such streets shall remain private until such time as the Township agrees to accept the dedication of such streets.

§ 133-83 Kennel.

In an AP or RC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

The minimum lot area shall be three acres.

Setbacks. All animal runs, fenced enclosures, and similar structures shall comply with minimum setback requirements.

All animals must be housed within a screened enclosure except while exercising.

All outdoor running or activity areas must be enclosed to prevent the escape of the animals.

Satisfactory evidence must be presented to indicate that adequate disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

Any building or area used for the housing, feeding, watering, or running of animals shall be set back at least 1,000 feet from any land in the R-1, R-2, R-3, or V District or from any residential use.

Outdoor runs shall have a double evergreen screen at least six feet high around them. No animal shall be permitted to use the outdoor runs from 9:00 p.m. to 7:00 a.m.

The applicant shall demonstrate a working plan to minimize noise emanating from animals boarded at the site. All buildings should be adequately soundproofed.

§ 133-84 Medical clinic or research laboratory.

In an AP, R-3, V, C, or I Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Setbacks. All buildings shall be located at least 50 feet from all property or street lines in an R-3 or V Zone.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:

All entrances to parts of the building in which these accessory services are provided shall be from within the building, and any direct access from the street is prohibited.

The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.

Signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited in the R-3 or V Zone, except that one sign not exceeding two square feet in area may be attached to the building. Any illumination of the sign must be white, nonflashing, and limited to an enclosed lamp design.

§ 133-85 Mini-storage facility.

In a C or I Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 30 feet wide where access to storage units is on both sides of the aisle.

If a manager's or business office is located on the site, at least four parking spaces must be provided adjacent to the office.

The servicing or repair of stored equipment shall not be conducted on the premises. Also no business activities, other than rental of storage units, shall be conducted on the premises.

The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited.

If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking. Storage of partially dismantled, wrecked, or inoperative vehicles shall not be permitted.

All outdoor lights shall be shielded and designed to direct light onto the uses established and away from adjacent property.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

All access drives, parking, and loading areas must be paved with concrete or asphalt so as to render such areas passable in all weather conditions.

§ 133-86 Mobile home park.

In the R-3 Zone and subject to the requirements of that zone, except as herein modified and provided:

The minimum lot area for the park shall be two acres.

Each mobile home lot (not including the street right-of-way) must not be less than 8,000 square feet in area and not less than 70 feet wide at the street right-of-way line.

Public or community water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.

The setback of all buildings and structures within the mobile home park shall comply with the setback requirements for the R-3 Zone, that is, where setbacks on street frontage and adjoining property lines are concerned, the setbacks for the zone apply to the mobile home park as a single lot. Setbacks for each individual mobile home lot within the mobile home park are listed in Subsection E of this section.

Setback requirements for individual mobile home lots. Each mobile home lot within the mobile home park shall adhere to the following minimum setback requirements; however, in no case shall the distance between any two mobile homes be less than 20 feet in any direction:

Front setback: 20 feet.

Side setback: five feet.

Rear setback: 10 feet

The Zoning Hearing Board may require additional screen planting or may further restrict the proximity of mobile homes or other improvements to adjoining properties or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.

A mobile home park and extension thereof shall also comply with all applicable state or municipal regulations now in effect or hereafter enacted.

§ 133-87 Mobile home sales lot.

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

The lot shall be improved with a building containing an office, display room, and appurtenant facilities.

All displayed mobile homes must comply with setback requirements.

§ 133-88 Motel or hotel.

In the C or I Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Public water and public sewer approved by the Pennsylvania Department of Environmental Protection must be utilized.

All structures shall be set back at least 25 feet from the side property lines.

§ 133-89 Multifamily or two-family conversion.

In the R-3 or V Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Sewer and water systems approved by the Pennsylvania Department of Environmental Protection must be utilized. Conversions shall be reviewed by the Township Sewage Enforcement Officer to determine the adequacy of the existing system.

There shall be a minimum of 4,000 square feet of lot area per dwelling unit.

Where an existing dwelling is converted to a multifamily or two-family dwelling, the character of the existing structure shall be maintained, except for the addition of a fire escape if necessary.

Parking, minimum habitable floor area, and all other applicable requirements of this chapter shall be met.

The structure shall comply with all applicable rules and regulations, including but not limited to fire, health, safety, and building codes.

Dwelling units in cellars are prohibited.

Dwelling units in detached accessory buildings are prohibited

§ 133-90 Multifamily or single-family attached dwelling.

In the V Zone and subject to the requirements of that zone, except as herein modified and provided:

In the case of a multifamily dwelling where the dwelling units are located on a single lot and share with other units a common yard area, for example, garden apartments, the following requirements shall apply:

The minimum lot area shall be one acre (43,560 square feet).

The minimum lot width shall be 150 feet.

The maximum height shall be three stories.

A maximum density of 10 dwelling units per acre shall be permitted.

Paved area. Not more than 20% of the lot area shall be paved with an impervious surface, for example, driveways, parking areas, or walkways.

Public or community water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.

(7)

Distance between buildings. Where two or more multifamily dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 50 feet.

(8)

All parking areas shall be located at least 10 feet from any property line or street line.

(9)

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

(10)

In the case of row dwellings, there shall be no more than six dwellings in any one row.

(11)

A minimum side setback of 25 feet shall be provided.

In the case of single-family attached dwellings, where individual dwelling units are located on separate lots, for example, townhouses and row houses, the following requirements shall apply:

The minimum lot area for each lot shall be 4,000 square feet, unless otherwise permitted by this chapter.

The minimum lot width for each lot shall be 20 feet.

In the case of row dwellings, there shall not be more than six dwelling units in any one row.

Dwelling units at the end of a row shall have a minimum side setback of 25 feet.

Public or community water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be utilized.

Provisions for the future maintenance of all common areas for either multifamily or single-family attached dwellings, including but not limited to parking and recreation, shall be explicitly provided with the proposed project. The provisions and any agreements, such as bylaws for a property owners' association, shall be subject to the approval of the Township Solicitor.

§ 133-91 Natural extraction industry.

In the I Zone and subject to the requirements of that zone, except as herein modified and provided:

An open excavation shall be enclosed by a fence or wall that completely encloses the portion of the property in which the excavation is located; said fence or wall shall be not less than four feet in height and shall be so constructed as to have openings no larger than six inches; and if pickets are used, the openings shall not exceed six inches.

No quarry wall shall be nearer than 150 feet to any property line or street line.

In the case of an open excavation, a slope no greater than 20% shall extend from property or street lines to the edge of the excavation.

No stock or waste pile shall exceed 35 feet in height. Such piles shall be screened from adjoining properties.

A plan for the reclamation of the site following completion of extractive uses shall be submitted for review and report of the Planning Commission and approval of the Zoning Hearing Board. Such plan will consider the grading and reuse of the site and deal with drainage, soil erosion, and other problems that may be created by the extractive use.

Buffer zone. The operation must be completely encircled by a buffer zone having a minimum width of 50 feet. No activity involved in the extractive operation process shall be performed within this area.

§ 133-92 Nonconformity, expansion of.

In all zones and subject to the requirements of the zone in which located, except as herein modified and provided:

Expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.

The total of all such expansion shall not exceed an additional 35% of the area of those buildings, structures, or land area devoted to the nonconforming use as they existed on the date on which such buildings, structures, or use first became nonconformities.

Provision for access drives, off-street parking, and off-street loading shall be consistent with standards required by this chapter.

Provision for yards, building height, and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.

Appearance should be harmonious with surrounding properties. This feature includes but is not limited to landscaping and enclosure of principal and accessory uses, sign control, and maintenance in good condition of all improvements and open spaces.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.

§ 133-93 Open-air retail (flea market).

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

The retail sales area shall be defined as the area of the smallest rectangle or other regular geometric shape that encompasses all display stands, booths, tables, or stalls, plus all adjoining aisles and walkways from which consumers may inspect items for sale. The retail sales area shall include all indoor and outdoor areas as listed above.

The retail sales area shall be set back at least 50 feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.

Off-street parking shall be provided at the rate of one space per 250 square feet of retail sales area and shall be designed and used in accordance with this chapter.

Off-street loading shall be provided as otherwise required by this chapter for retail sales operations. The retail sales area, as defined above, shall be used to calculate the required number of loading spaces.

The outdoor display and sale of merchandise shall not begin prior to one hour before sunrise and shall cease no later than one hour past sunset.

Any exterior public address system shall be arranged and designed to prevent objectionable impact on adjoining properties.

Trash receptacles shall be provided for all outdoor retail sales area(s) and shall be routinely emptied to prevent the scattering of litter and debris. All applications for this use shall include a plan for the cleanup of litter.

§ 133-94 Outdoor commercial recreational establishment.

In the RC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Setbacks. The area to be used for recreational purposes must be set back at least 50 feet from any property or street line.

For an outdoor recreational use, other than a golf course, buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces. The use shall be located a minimum of 100 feet from a residential zoning district or use.

Exterior lighting shall be directed away from all adjoining properties.

To the extent possible, existing trees and natural vegetation shall be preserved.

Operations shall not result in vehicle backups on adjacent roads.

§ 133-95 Park or other recreation area of a nonprofit nature.

In the AP, RC, R-1, R-2, R-3, or V Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

The Zoning Hearing Board shall decide the appropriateness of the design of parking, lighting, and similar features of the proposed use to minimize adverse impacts on adjacent properties.

To the extent possible, existing trees and vegetation shall be preserved.

§ 133-96 Personal care boarding home.

In the RC or V Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

The applicant must secure a license from the Pennsylvania Department of Public Welfare and submit a copy of said license to the Township prior to occupancy approval by Jackson Township.

No kitchen or dining facilities shall be permitted in individual rooms or suites.

The facility must meet all applicable fire, health, safety, and building codes.

Water and sewer systems approved by the Pennsylvania Department of Environmental Protection must be utilized. If existing sewage disposal facilities are to be utilized, certification must be submitted to ensure that such facilities are capable of adequately servicing the proposed use.

At least one parking space for each employee plus one parking space for each bedroom shall be provided.

§ 133-97 Public buildings and/or facilities.

[Amended 6-7-2016 by Ord. No. 210-16]

In any zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Outdoor storage of materials shall be prohibited in a Residential or Village Zone.

Screening or fencing may be required where determined appropriate to form an effective visual barrier between the use and adjoining properties.

There shall be no specific minimum lot size; however, each lot shall provide front, side, and rear setbacks that comply with the requirements of the zone in which located. Such uses shall be exempt from lot coverage and open area requirements of the zone in which located, provided that the stormwater management plan is approved by the Township.

§ 133-98 Public or semipublic parking lot or garage.

In a C or I Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Not more than 80% of the lot shall be covered with impervious surfaces.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces. All parking lots or garages shall be screened from adjoining residential uses.

§ 133-99 Public utility building or service structure.

In any zone and subject to the requirements of the zone in which located, except as herein modified and provided:

In an R-1, R-2, R-3 or V Zone, the permitted building or structure shall not include the storage of vehicles or equipment used in the maintenance of any utility.

In zones other than a Residential or Village Zone, unhoused equipment shall be enclosed within a fence, wall, or evergreen plantings, not less than six feet in height.

§ 133-100 Regulated shooting grounds.

In an AP or RC Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

Adjacent areas must be predominantly undeveloped, and any range or firing area must be at least 450 feet from any property or street line and 1,000 feet from any existing residential use.

A minimum of 25 parking spaces must be provided in addition to one space for each employee/operator of the facility.

All the requirements for a land development plan must be met, for example, stormwater management plan, sedimentation and erosion plan, and sewer and water requirements, and any other applicable provisions of Township ordinances must be adhered to.

The site must be a minimum of 100 acres. Any and all other requirements of Title 34 of the Pennsylvania Game and Wildlife Code or other applicable state regulations must be met. A copy of any required state license or permit must be provided prior to approval by Jackson Township.

§ 133-101 Restaurant, drive-through or fast-food.

In the V or C Zone and subject to the requirements of that zone, except as herein modified and provided:

The drive-through service shall have access to either an arterial or collector road.

Exterior trash receptacles shall be provided and routinely emptied so to prevent litter.

All drive-through window lanes shall be separated from the internal accessways of the parking lot.

Any exterior speaker/microphone system shall be arranged and/or screened to minimize the impact of objectionable noise impact upon adjoining properties.

All exterior seating and play areas shall be completely enclosed by a fence having a minimum height of three feet.

No part of the subject property shall be located within 200 feet of any residential zoning district or use.

Uses providing outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate visual and/or audible impacts on adjoining properties.

As part of the special exception criteria, the applicant shall submit a traffic impact study to demonstrate that adequate ingress and egress facilities can be provided.

The applicant shall demonstrate adequate stacking lanes can be provided to prevent vehicle backups onto adjoining roads. The stacking lanes shall not count as parking spaces.

§ 133-102 Restaurant, sit-down.

In the V or C Zone and subject to the requirements of that zone, except as herein modified and provided:

The applicant shall furnish evidence of an approved water supply and sewage disposal.

All off-street parking and/or loading areas shall be screened from adjoining residents and roads.

All restaurant seating shall be provided within the completely enclosed building, except that limited exterior seating may be provided if:

Such seating is situated and designed so as not to adversely impact nearby residences;

Such seating is accessory to the principal interior seating accommodations;

During use, such seating is continuously supervised by an employee or owner of the restaurant;

Any lighting or music systems serving such seating are designed and operated so as not to constitute a nuisance to adjoining properties;

The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from outdoor seating; and

Such seating is removed during seasons when not in use.

§ 133-103 Retail or convenience store.

In the V Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the store.

A minimum of one parking space for each 75 square feet of gross floor area shall be provided. In addition, any accessory uses shall also require those spaces required by § 133-30B of this chapter.

Exterior trash/recycling receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and continuously implement a working plan for the cleanup of litter and debris.

The subject property shall have a minimum width of 125 feet.

The subject property shall front on an arterial or collector road, as defined herein.

The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital, or nursing, rest or retirement home.

All structures (including gasoline pump islands, but not permitted signs) and machinery shall be set back at least 50 feet from any street right-of-way line.

Access driveways shall be a minimum of 28 feet wide and separated by 100 feet from one another if located along the same frontage, as measured from edge to edge.

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residential uses.

All automated teller machines shall be located, or contain convenient parking spaces, so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.

Any exterior microphone/speaker system and external lighting shall be arranged and/or screened to comply with those regulations contained within Chapter 113, Subdivision and Land Development.

§ 133-104 Rooming house.

In the V Zone and subject to the requirements of that zone, except as herein modified and provided:

Any structure proposed as a rooming house or boardinghouse shall have a habitable floor area, in addition to that required for the person or family operating the facility, of at least 300 square feet for each roomer or boarder.

No facilities for cooking or dining shall be provided in individual rooms or suites.

All rooming houses and boardinghouses shall comply with all applicable local regulations, including but not limited to fire, health, safety, and building codes.

§ 133-105 Sawmill operation.

In an AP, RC, or I Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

The minimum lot area shall be three acres.

No saw or other machinery shall be less than 75 feet from any property or street right-of-way line.

All power saws and machinery shall be secured against tampering and locked when not in use.

All machinery used in the sawmill operation shall be located at least 500 feet from any R-1, R-2, R-3, or V Zone.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings, and open spaces.

§ 133-106 School.

In the RC, R-1, or R-2 Zone and subject to the requirements of the zone in which located, except as herein modified and provided:

All buildings shall be set back at least 100 feet from any Residential or V Zoning Districts.

No part of a school property shall be located within 1,000 feet of a property containing an adult-oriented facility (as defined herein) or within 300 feet of a property containing an automobile filling station.

For schools providing education to minors, an outdoor play area shall be provided at the rate of 100 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back at least 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a fence not less than six feet high and shall be screened from adjoining properties in the Residential and V Zoning Districts. All plant materials within the outdoor play areas shall be nonharmful types (that is, shall not be poisonous or thorny). All outdoor play areas shall be wholly or partially shaded by trees or a pavilion(s).

"Enrollment" shall be defined as the largest number of students on the site at any one time during a seven-day period.

Passenger drop-off and pick-up areas shall be provided and arranged so that students need not cross traffic lanes on or adjacent to the site.

Off-street parking areas shall be designed to prevent incoming traffic from backing onto public streets. All required parking shall be located on the site of the facility. Parking areas shall be set back a minimum of 25 feet from all street rights-of-way and 30 feet from adjoining properties in the R or V Zoning Districts.

Sufficient exterior lighting shall be required to provide convenience and safety for people utilizing the facility but shall be arranged to prevent glare on adjoining properties and streets.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance, or any other perceptible impact at or beyond the lot line.

All outdoor storage, parking, and loading areas shall be screened from adjoining residential uses.

Consideration shall be given to traffic problems. If the nature of the school facility is such that it will generate a medium or high volume of vehicular traffic, that is, in excess of 750 vehicle trips per day (as per the Pennsylvania Department of Transportation standard and the latest edition of the Trip Generation Manual of the Institute of Transportation Engineers), then access should be by an arterial or collector street as designated in the Township Comprehensive Plan.

Stadiums are subject to the following additional regulations:

Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in this chapter. In addition, an unimproved grassed overflow parking area for peak-use periods shall be required. Such overflow parking area(s) shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall be designed and fenced or landscaped to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation control, and stormwater runoff shall be managed in accordance with all applicable laws and regulations. If, at any time after the opening of the facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the size or design of the parking area(s), the Supervisors can require the applicant to revise the design of the parking lot(s) and/or provide additional on-site parking spaces or paved or grassed overflow parking areas.

Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees, such as by roaming parking lot attendants, shall be conducted in such a manner as to prevent vehicle backups on adjoining roads. If, at any time after opening, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise such means to relieve the undue congestion.

The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution.

Uses involving outdoor activities and/or display shall provide sufficient screening and/or landscaping measures to mitigate visual and/or audible impacts on adjoining properties.

No outdoor storage is permitted.

Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise level generally attributable to the use as measured at each property line.

§ 133-107 Service station or convenience store dispensing fuel.

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

Buildings must be set back at least 40 feet from the street line.

Gasoline pumps and all service equipment must be set back at least 25 feet from any lot line or street right-of-way line and located so that vehicles stopped for service will not extend over the property line.

Access drives must be located as follows:

Side lot line offset: 10 feet.

Minimum separation of drives on same lot: 25 feet.

All lights must be diverted toward the facility or downward on the lot.

No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall, fence, or vegetative material and screened from view of adjoining properties shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.

All merchandise, except vending machines and oil racks, shall be displayed within a building.

The convenience store shall be in compliance with § 133-103 of this chapter.

§ 133-108 Shopping center, shopping mall, or shopping plaza.

In the C Zone and subject to the requirements of that zone, except as herein modified and provided:

The minimum lot area shall be three acres.

The minimum lot width shall be 250 feet.

All buildings must be set back at least 50 feet from any property line and 75 feet from a street line.

A buffer yard shall be provided on the site as per § 133-32 of this chapter.

Landscaping requirements as per Jackson Township ordinance must be adhered to as well as the lighting, parking, loading, and signage requirements of this chapter.

§ 133-109 Solid waste disposal and/or processing facility.

In the I Zone and subject to the requirements of that zone, except as herein modified and provided:

Any processing of solid waste, including but not limited to incineration, shredding, compaction, material separation, recycling, derivation of fuel from refuse, and pyrolysis, shall be conducted within a wholly enclosed building.

No refuse shall be deposited or stored and no building or structure shall be located within 200 feet of any property line or within 1,000 feet of any land within an R-1, R-2, R-3, or V Zone.

In addition to the provisions of § 133-32 of this chapter, a buffer yard at least 50 feet wide shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this area. The buffer shall be naturally landscaped and have no impervious cover.

Any area used for the unloading, transfer, storage, processing, incineration, or deposition of refuse must be completely screened from ground-level view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction.

All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting to be weighed will not backup onto public roads.

Access to the site shall be limited to those times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations.

Hazardous waste as described by the Department of Environmental Protection shall not be disposed of within the proposed use.

The unloading, processing, transfer, and deposition of solid waste shall be continuously supervised by a qualified facility operator.

Any waste that cannot be used in any disposal process, or material that is to be recycled, shall be stored in leak- and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water.

All storage of solid waste shall be indoors in a manner that is leak- and vectorproof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation; but in no event shall such waste be stored for more than 72 hours.

A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.

All structures shall be set back at least a distance equal to their height.

The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating the quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed. Where an on-site water supply is to be used, a water feasibility study must be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the Township Engineer. A water feasibility study shall include the following information:

Calculations of the projected water needs.

A geologic map of the area with a radius of at least one mile from the site.

The location of all existing and proposed wells within 1,000 feet of the site, with notation of the capacity of all wells.

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.

The location of all streams within 1,000 feet of the site and all known point sources of pollution.