Lancaster Township City Zoning Code
ARTICLE XVI
Supplemental Regulations
§ 280-1600 Applicability.
The requirements and provisions of this Article XVI shall apply to all lands in all zoning districts unless application to specific zoning districts is expressly stated.
§ 280-1601 Accessory alternative energy systems.
Accessory alternative energy systems shall be permitted in all zoning districts, subject to the following conditions:
A.
Solar energy systems.
(1)
The design and installation of solar energy systems shall conform to the most-recent version of the Lancaster Township Building Code, as amended, and with all other applicable Township electrical, fire, life safety, and other similar standards.
(2)
The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer's specifications shall be submitted as part of the application.
(3)
All solar energy systems shall be designed and located to ensure solar access without reliance on or interference from adjacent properties.
(4)
All solar energy systems shall be designed and located to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
(5)
All on-site utility and transmission lines that are part of the solar energy system shall, to the maximum extent feasible, be placed underground.
(6)
All solar energy systems shall, to the maximum extent feasible, be inconspicuously sited when viewed from adjacent street rights-of-way.
(7)
All solar energy systems shall, to the maximum extent feasible, be sited so that tree removal is not required. If any trees are to be removed, the applicant shall submit a plan demonstrating the need to remove trees and a plan for the replacement of the trees.
(8)
Roof- and wall-mounted solar energy systems shall be sited in accordance with the following:
(a)
Solar energy systems located on the roof of any structure shall not extend beyond the existing overhangs of the structure's roof.
(b)
Solar energy systems located on a pitched roof of any structure shall not extend vertically above the highest point (peak) of the pitched roof of the structure, as viewed from the lot line.
(c)
Solar energy systems located on a roof of any structure shall be the same slope as, or parallel to, the pitched roof.
(d)
Solar energy systems located on a flat roof shall not exceed 15 feet in height above the height of the roof. In all zoning districts, such facilities shall be screened by parapets, walls, fences, or other approved means, as viewed from the lot line, except for the industrial zoning district.
(e)
All solar energy systems mounted on roofs and walls of any structure shall be subject to the maximum height regulations specified within the applicable zoning district.
(f)
No solar energy system shall be attached to, or sited along, the front facade (wall) or front building line of any principal building.
(9)
If the solar energy system is unable to be located on a roof or a wall of a structure as is preferred, then placement of freestanding, ground-mounted solar energy systems shall be provided in accordance with the following:
(a)
In addition to any yard and setback requirements set forth in this section, all freestanding, ground-mounted solar energy systems shall comply with all yard requirements for accessory structures in the applicable zoning district.
(b)
All freestanding, ground-mounted solar energy systems shall be set back from all lot lines and street rights-of-way a distance equal to the total height of the solar energy system.
(c)
Freestanding, ground-mounted solar energy systems shall not exceed 15 feet in height.
(d)
For purposes of determining the maximum surface area of all freestanding, ground-mounted solar energy systems, the maximum surface area shall be considered the total surface area of the cumulative solar panels; where two or more panels are grouped together, the total dimensions (length and/or width) of each panel shall be the cumulative dimension of the panels.
(10)
All applications for solar energy systems shall include the information required for a plot plan approval pursuant to Article XVIII of this chapter relating to permits. In addition, the applicant shall submit:
(a)
A completed glare study ensuring that reflective glare is not directed towards nor upon any adjacent properties or adjacent street rights-of-way. The glare study shall include:
[1]
The angle of the solar collector system panels, arrays, cells, etc., at the location;
[2]
A diagram showing the maximum and minimum angles of reflective glare from the solar collector system panels, arrays, cells, etc., at the location and the relationship of that glare to adjacent properties, structures and rights-of-way; and
[3]
A mitigation plan that limits or eliminates reflective glare on adjacent properties, structures, and rights-of-way.
(b)
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the proposed installation of the solar energy system will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy system, and applicable requirements of most-recent version of the Lancaster Township Building Code, as amended; and
(c)
Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
(11)
Prior to the issuance of a permit for the installation of a solar energy system, the applicant shall provide the Zoning Officer with written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
B.
Accessory wind energy systems.
(1)
The design and installation of wind energy systems shall conform to the most-recent version of the Lancaster Township Building Code, as amended, and with all other applicable Township electrical, fire, life safety, and other similar standards.
(2)
The design and installation of all wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program such as the California Energy Commission, International Electrotechnical Commission, or any other wind certification program recognized by the American Wind Energy Association (AWEA) or the United States Department of Energy. The manufacturer's specifications shall be submitted as part of the application.
(3)
All on-site utility and transmission lines as part of the wind energy shall system shall, to the extent feasible, be placed underground.
(4)
All wind turbines shall have a flat finish and nonobtrusive colors, such as white, off-white, or gray, as applied by the manufacturer in order to reduce the visual impact to the extent feasible.
(5)
All wind turbine towers shall be painted silver or have a galvanized finish retained in order to reduce the visual impact to the extent feasible. Towers may be painted green or brown up the height of nearby trees.
(6)
All wind energy systems shall be equipped with manual—electronic or mechanical—and automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind energy system.
(7)
Wind energy systems shall not be installed in any location where they would interfere with existing fixed broadcast, retransmission, or reception antennas. This includes interference with residential radio, television, or wireless phone or other personal communication system reception. No wind energy system shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.
(8)
All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any adjacent properties as well as any adjacent street rights-of-way.
(9)
In addition to any yard and setback requirements set forth in this section, all wind energy systems shall comply with the yard requirements for accessory structures in the applicable zoning district.
(10)
Wind turbines shall be set back a distance equal to the total height of the wind turbine from all lot lines, streets and other rights-of-way, and overhead utility lines.
(11)
The maximum height of wind energy systems shall comply with the following:
(a)
For all roof-mounted wind turbines, the height of the wind turbine shall not exceed the height of the building by more than 15 feet.
(b)
For lots less than 1/2 acre in area, wind turbines shall be roof-mounted. The maximum rotor diameter for wind turbines shall be six feet.
(c)
For lots between 1/2 acre and less than one acre, the wind turbines may be sited on wind turbine towers, and the turbine height shall be limited to 75 feet, or 20 feet above the tree line, whichever is lower.
(d)
For lots greater than or equal to one acre, wind turbines may be sited on wind turbine towers, and the turbine height shall be limited to 120 feet, or 40 feet above the tree line, whichever is lower.
(e)
The maximum height of any wind turbine in the industrial zoning districts, regardless of lot area, shall be 140 feet.
(12)
For all wind energy systems not otherwise mounted on a roof, unauthorized access to the turbine and tower shall be prevented by design, with a minimum of 12 feet from the ground to the bottom of the ladder. All doors to the turbine and tower shall be locked.
(13)
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis wind turbine (also referred to as a "helix type" turbine or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.
(14)
Wind energy systems shall not be lighted, except to comply with applicable Federal Aviation Administration (FAA) regulations.
(15)
No portion of any wind energy system shall extend over parking compounds, access drives, driveways, or sidewalks.
(16)
Wind energy systems shall not display advertising, except for reasonable identification of the wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
(17)
When an accessory building or structure is necessary for storage cells or related mechanical equipment, the accessory building shall comply with the accessory building and structure requirements specified within the applicable zoning district.
(18)
All applications for wind energy systems shall include the information required for a plot plan approval pursuant to Article XVIII of this chapter relating to permits. In addition, the applicant shall submit:
(a)
A plot plan showing:
[1]
Lot lines and physical dimensions of all areas of the subject property that are within a distance equal to two times the total height of the wind energy system.
[2]
The location, dimensions, and types of existing principal and accessory structures on the property.
[3]
The location of the proposed wind energy system tower, foundations, guy anchors, and associated equipment.
[4]
The rights-of-way of any public street abutting the property.
[5]
Any overhead utility lines.
(b)
Wind energy systems system specifications, including manufacturer and model, rotor diameter, tower height, and tower type — freestanding or guyed.
(c)
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of the most-recent version of the Lancaster Township Building Code, as amended. A copy of the foundation analysis shall also be provided.
(19)
Prior to the issuance of a permit for the installation of a wind energy system, the applicant shall provide the Zoning Officer with written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
§ 280-1602 Access to buildings.
Every building hereafter erected or moved shall be on a lot which is adjacent to a public street, or on a lot which has access to a public street by an improved private street which has a cartway width of at least 24 feet, or said building shall be located within 100 feet of a public street. All buildings shall be located so as to provide safe and convenient access for servicing, fire protection and required parking.
§ 280-1603 Communications antennas.
A site with a communications antenna that is attached to an existing communications tower, smokestack, water tower, farm silo, or other tall structure is permitted in all zoning districts, provided that:
A.
The height of the antenna shall not exceed the height of the existing structure by more than 10 feet.
B.
All other uses associated with the communications antenna, such as a business office, maintenance depot, or vehicle storage, shall not be located on the site unless the use is otherwise permitted in the zoning district in which the site is located.
§ 280-1604 Communications towers.
A.
The applicant shall demonstrate through technological evidence and data that the proposed location is necessary in order to satisfy its function in the company's grid system.
B.
The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily. If the applicant proposes to erect a new tower, the applicant shall demonstrate that the owners of other tall structures within a one-half-mile radius of the proposed site have been contacted, and the applicant has requested permission to install the antenna on those structures. The applicant shall demonstrate that it is not feasible to erect the antenna on these existing structures. The applicant shall make a good-faith effort to install the antenna on an existing structure, including but not limited to smokestacks, water towers, tall buildings, antenna support structures of other communications companies and similar structures.
C.
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. This requirement shall not be applicable to antennas located upon an existing structure where the total height of the structure and the antenna does not exceed 150 feet.
D.
The setback between the base of the support structure and the lot line shall be 30% of the height of the tower in addition to the normal minimum yard and setback requirements of the Industrial District (I).
E.
The applicant shall demonstrate that the proposed tower support structure is safe and that the surrounding area will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio or satellite frequency interference.
F.
A fence shall be required around the communications tower and other equipment. The fence shall be eight feet in height. Any wire on top of the fence shall not be included in the measurement of the height of the fence.
G.
In addition to the required landscaping and screening around the support structure, fence surrounding the support structures, and any other related ground-level improvements as specified in Article XIV of this chapter relating to landscaping and screening regulations, shall be provided, except that the minimum height at maturity shall be 20 feet.
H.
All other uses associated with the communications tower, such as a business office, maintenance depot, or vehicle storage, shall not be located on the site unless the use is otherwise permitted in the Industrial District (I).
I.
In order to reduce the number of towers needed in the Township in the future, any proposed support structure shall be designed to accommodate other users, including but not limited to police, fire and emergency services.
J.
If the use of the communications tower or communications antenna requires licensing by any state or federal agency, including but not limited to the Federal Communications Commission, the applicant shall present evidence that it has obtained such license.
K.
Towers shall be painted with silver or have a galvanized finish retained in order to reduce visual impact. Support structures may be painted green up to the height of nearby trees to lessen visual impact. All support structures shall meet all applicable Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the Federal Aviation Administration or by state regulations.
L.
The applicant shall submit a plan for the removal of the facility when it becomes functionally obsolete or is no longer in use. The applicant shall be responsible for the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete.
M.
All towers or antennas in excess of 35 feet in height shall be located at least 1/2 mile from any other tower or antenna in excess of 35 feet in height.
N.
A full site plan prepared by either a licensed professional surveyor registered by the Commonwealth of Pennsylvania or a licensed professional engineer registered by the Commonwealth of Pennsylvania, with elevations prepared by a professional engineer, shall be required for all sites showing a communications tower, communications antenna, buildings, fences, buffering, access, and any accessory structure. Any communications tower that is not fully automated and requires employee staffing and a primary building will require a land development plan.
O.
Access to the communications tower shall be by a sixteen-foot-wide, mud-free, and permanently passable lane, within a twenty-foot-wide right-of-way.
§ 280-1605 Conversion of existing building to multifamily dwellings.
In any residential zoning district, the conversion of a building which existed prior to July 17, 1972, into a multifamily dwelling is permitted, subject to the following conditions and approval by the Zoning Hearing Board:
§ 280-1606 Driveway and access drive regulations.
A.
Definition. For the purpose of this section, the word "driveway" shall mean any entrance or exit used by vehicular traffic to or from properties containing a single-family dwelling abutting a public street.
B.
Number of driveways per lot. Single-family dwellings shall not have more than one driveway entering or exiting on the same street. However, if, in the opinion of the Board of Supervisors, lot area and configuration would permit, loop driveways having two access points to a public street may be permitted.
C.
Location.
(1)
On corner lots, no driveway access may be located within 50 feet of the point of tangency of the existing or proposed curb radius of the site. However, if this provision is shown by the applicant to be a hardship, the Township may allow a reduction of this requirement. Access shall be to the street of lesser classification when two street classifications are involved.
(2)
Driveways serving residential lots shall be located at least five feet from a side lot line. Where a proposed driveway is to serve two or more adjacent lots, the Township may permit a driveway to be located on or within five feet of the side lot line between the lots, measured from the outside edge of the driveway.
(3)
When two or more driveways are located on a site, a separation of 50 feet, measured along the public street right-of-way from driveway center line to driveway center line, is required.
D.
Design.
(1)
In general, driveways used for two-way operation shall intersect public streets at 90° as site conditions permit; however, in no case shall driveways intersect public streets at less than 70°. Driveways used for one-way operation, right turn only, shall not intersect public streets at any angle less than 45°. Said angle shall be measured from the center line of the street to the center line of the driveway.
(2)
Driveway dimensions and construction shall be designed to adequately accommodate the type and volume of vehicles expected to use the site on a daily basis.
(3)
Vertical alignment of driveways serving residential lots shall not exceed a maximum of 8% for the first 10 feet, measured from the right-of-way line.
(4)
Residential driveways on the turnaround of a cul-de-sac street may be exempted from the above requirements at the discretion of the Zoning Officer.
E.
Access and traffic control. Access to and from the site shall be designed in a manner conducive to safe ingress and egress. The developer shall be responsible for the construction of any necessary traffic control devices or additional lanes required by PennDOT or the Township. All entrances and exits shall conform to the applicable driveway regulations of this chapter.
F.
Permit required. Notwithstanding any other provisions set forth in § 280-1606 of this chapter, no person, individual, firm or corporation shall construct, reconstruct, alter or enlarge an existing or proposed driveway onto any public street without first having obtained a zoning permit as required by Article XVIII of this chapter relating to administration and enforcement. Nothing in this section shall prohibit a person, firm or corporation, however, from combining his or its application for a driveway zoning permit with an application for a building permit, provided that all of the information required by this section is contained on the application.
G.
Plan submittal and permit application.
(1)
For all proposed driveways, the developer shall submit to the Zoning Office a permit application, which is obtainable at the Township office. The Zoning Officer may also require that a plan of the proposed driveway be submitted.
(2)
When a plan is required, the Zoning Officer shall review the plan for conformance with the requirements of this chapter and shall:
H.
Fees. Permit application fees shall be as adopted by resolution of the Board of Supervisors from time to time.
§ 280-1607 Fences.
A.
Fences along side or rear lot lines are not subject to yard or setback requirements. All fences shall be located completely within lot boundaries, and no fence may coincide with any lot line. However a small setback is recommended to provide an area within which future maintenance may be performed. Otherwise, fences along street right-of-way lines shall be set back two feet from the street right-of-way lines.
B.
No fence shall be erected in a street right-of-way or other rights-of-way or easements, including public or private drainage, utility or access easements, unless otherwise required by this chapter, or the most-recent version of the Lancaster Township Subdivision, Land Development and Stormwater Management Ordinance, as amended, or any other Township ordinance.
D.
E.
Except as otherwise required within this chapter, fences within the commercial, industrial, and other zoning districts shall not exceed 12 feet in height.
F.
Any fence exceeding six feet in height shall comply with the most-recent version of the Lancaster Township Building Code, as amended.
G.
Unless required for security purposes, no fence shall be constructed of barbed wire, razor, or other sharp components capable of causing injury, and only then if the portion of the fence containing barbed wire, razor, or other sharp components capable of causing injury is not lower than six feet above the average surrounding ground level.
§ 280-1608 Flag lots.
Flag lots may be permitted in residential zoning districts as a special exception, when in compliance with the following requirements.
A.
A flag lot shall be described as containing two parts:
(1)
The "flag" shall include that portion of the lot that is the location of the principal and accessory uses.
(2)
The "pole" shall be considered that portion of the lot that is used for vehicular access between the "flag" portion of the lot and its adjoining public street right-of-way or an approved private street right-of-way. The "pole" shall be a fee-simple part of the flag lot and shall not be a separate parcel or easement.
B.
Requirements for the "flag."
(1)
The minimum lot area, minimum lot width, and maximum lot coverage requirements, and all other applicable standards of the applicable zoning district and design requirements shall be complied with and measured exclusively upon the "flag" portion of the lot. The minimum yards of the applicable zoning district shall be increased by 25% on the "flag" portion of the lot.
(2)
For purposes of determining yards, the following shall apply:
(a)
Front yard: the area between the principal structure and that lot line of the "flag" which is most parallel to the street right-of-way providing vehicular access to the site. Additionally, all areas of the "pole" shall be considered to be within the front yard.
(b)
Rear yard: the area between the principal structure and that lot line of the "flag" that is directly opposite the front yard, as described in § 280-1608B(2)(a) above.
(c)
Side yards: the area between the principal structure and that one outermost lot line which forms the "flag" and "pole," plus the area on the opposite side of the principal structure.
C.
The flag lot shall contain adequate driveway dimensions for vehicular backup so that ingress to and egress from the lot is in the forward direction.
D.
Requirements for the "pole" portion of the lot.
(1)
The "pole" shall have a minimum width of 24 feet at the street right-of-way line and continuously maintain said minimum width between the street right-of-way line and the "flag" portion of the lot.
(2)
The "pole" shall not exceed 500 feet in length, unless additional length is needed to avoid the disturbance of productive farmlands, prime agricultural soils, or some other significant natural or cultural feature.
(3)
No part of the "pole" shall be used for any portion of an on-lot sewage disposal system, nor any other improvement, except a driveway and other permitted improvements, including landscaping, fencing, utility connections to off-site facilities, mailboxes, and signs.
(4)
The driveway contained on the "pole" shall be located at least six feet from any adjoining lot line and 20 feet from any existing structures on the site or any adjoining lot.
E.
No more than one "tier" of flag lot shall be permitted. A "tier" shall be defined as a single row of lots behind "conventional" lots that have the required frontage at the street right-of-way and lot width at the minimum front building setback line.
F.
Joint-use or shared driveways.
(1)
When one or more flag lots are proposed, such lots may rely upon a joint-use or shared driveway for vehicular access in accordance with § 280-1606 of this chapter.
(2)
A joint-use or shared driveway must serve at least one flag lot but may also serve conventional lots, up to a maximum of four total dwelling units.
G.
Flag lots shall conform with the standards set forth in the most-recent version of the Lancaster Township Subdivision, Land Development and Stormwater Management Ordinance, as amended.
§ 280-1609 Garage and yard sales.
Garage, yard, and similar types of residential sales shall be permitted in all zoning districts, subject to the following conditions:
A.
The period of the sale shall not exceed a total of four days during two consecutive weeks.
B.
The sale shall not begin earlier than 8:00 a.m. and shall end by 6:00 p.m., prevailing time, on each day of the sale.
C.
Only goods and property of the person or persons holding the sale shall be sold, and such goods and property shall not have been purchased or otherwise obtained for the purpose of resale.
D.
No person or persons shall hold more than two sales per calendar year.
§ 280-1610 Height limit exceptions.
All buildings and structures shall be required to conform to the maximum height regulations specified within the pertinent zoning district, except roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, towers, flagpoles, chimneys, smokestacks, antennas, utility poles, farm silos, spires on places of worship, or similar structures. However, no penthouse, roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for any use.
§ 280-1611 Lot area reductions.
A.
No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area per dwelling unit, lot width or other requirements of this chapter are not maintained. This shall not apply when a portion of a lot is acquired for a public purpose.
B.
Any two adjacent undersized lots under common ownership as of the effective date of this chapter shall be considered as one lot for the purposes of establishing compliance with the requirements of this chapter.
§ 280-1612 Operations management plans.
The following requirements for the submission and approval of an operations management plan apply to all nonresidential uses. In addition to the information required to be submitted as part of the zoning permit application as set forth in Article XVIII of this chapter relating to administration and enforcement, applications for nonresidential uses shall include an operations management plan submitted to and approved by the Township. Operations management plans shall include the following information:
A.
The address of the premises of the proposed business/operation, including its tax parcel number.
B.
The name and type of the proposed business/operation.
C.
The name of the owner, on-site manager, and/or other authorized agent of the proposed business/operation and the lot.
D.
The gross floor area of the building devoted to the proposed business/operation and the gross area of the lot devoted to the proposed business/operation.
E.
A detailed description of the proposed business/operation and adverting associated with the proposed business/operation.
F.
A general description of the land uses adjacent to the property and on the same block.
G.
The intended market/service area of the proposed business/operation.
H.
The maximum permitted occupancy.
I.
The estimated number of employees/occupants and the number of employees/occupants on each shift.
J.
The hours and days the business/operation will be open, including any expected special events.
K.
Vehicles and traffic associated with the proposed business/operation (e.g., employees and customers/occupants, deliveries, loading, etc.).
L.
Collection, treatment, and disposal methods of materials generated by the proposed business/operation.
M.
A discussion of any possible impacts and/or problems the proposed business/operation may cause and specific measures employed to mitigate or eliminate any negative impacts/problems. The applicant shall furnish evidence that the impacts/problems generated by the proposed business/operation will be within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in this chapter.
§ 280-1613 Outdoor displays of merchandise.
Outdoor display of merchandise for sale, rent, or lease shall comply with the following:
A.
Outdoor display of merchandise shall only be allowed in conjunction with a permitted commercial building.
B.
The maximum area to be used for outdoor display shall not exceed 15% of the building area of the associated commercial structure or structures on the lot.
C.
The display of merchandise shall not be located upon any sidewalk, walkway, driveway, access drive, or within any street right-of-way. The display of merchandise shall not reduce the amount of parking below that which is required for the associated commercial uses; and prior to the establishment of the display, a plot plan indicating the display area, sidewalks, walkways, driveways, access drives, and required parking compounds shall be submitted to the Zoning Officer for review to determine compliance with this subsection. The area to be used for outdoor display shall not be located in front of any building.
D.
Outdoor display areas shall be completely enclosed by a six-foot-high opaque fence.
E.
Automotive sales and gasoline and service stations shall be exempt from these requirements.
F.
Commercial establishments may hold sidewalk sales once a year for a period not to exceed 72 hours.
§ 280-1614 Preservation of greenways.
The following requirements for the preservation of greenways apply to all areas of the Township where the conditions are applicable and to all zoning districts:
A.
Purpose. The preservation of greenways in Lancaster Township is essential to link the urban, suburban, and rural areas of the Greater Lancaster Area and to preserve the Township's most valuable natural, scenic, and recreational resources. The preservation of such resources is a municipal zoning power authorized by Section 604 of the MPC.[1] The purpose of this section is to preserve greenways to the greatest extent possible in order to facilitate the development of a network of intermunicipal trails and preservation areas.
[1]
Editor's Note: See 53 P.S. § 10604.
B.
Designated greenways. The most-recent version of the LIMC Comprehensive Plan identified greenway corridors in Lancaster Township. To implement the recommendations of the plan, the Township hereby designates greenways along the following bodies of water:
C.
Location of greenways. Greenways shall extend inland 100 feet from the top of the bank of the body of water. When the top of the bank is not clearly defined, the greenway shall extend inland 125 feet from the center of the body of water.
D.
Uses and structures permitted in greenways. To the extent permitted by the pertinent zoning district, the following uses and structures shall be permitted in greenways:
(1)
Wildlife sanctuaries.
(2)
Nature preserves.
(3)
Reforestation.
(4)
Fishing areas.
(5)
Passive recreational areas.
(6)
Public recreational trails for bicycles and pedestrians.
(7)
Active recreation areas, such as ballfields, golf courses, and playgrounds.
(8)
Stream bank stabilization.
(9)
Greenway crossings for farm vehicles and livestock.
(10)
Bridges for public roads.
(11)
Public sewer lines, submersible pump stations protruding no more than one foot above the original grade, and accessory features, including transformers, control panels, generators, and dusk-to-dawn lights, that are necessary for the operation and maintenance of pump stations and protrude to a height of no greater than four feet above the ground and occupy a surface area no more than 50 square feet.
(12)
Public water lines and associated facilities at or below grade.
(13)
Fences for containing livestock, provided that such fences are designed to allow the reservation of adequate land for a potential linear trail as required in § 280-1614C of this chapter.
(14)
Public utility transmission lines.
E.
Uses and structures prohibited in greenways. The following uses and structures shall be prohibited in greenways:
F.
Provisions for future trails. Any building or structure permitted in a greenway shall be located and designed to incorporate the reservation of adequate and appropriate area for a linear path that traverses the property. Such areas shall be designated on all subdivision and land development plans as a potential greenway trail and shall comply with the following:
(1)
The minimum width of the area reserved for the trail shall be 25 feet.
(2)
The area reserved for the trail shall not contain wetlands.
(3)
The grading and slope of the area reserved for the future trail shall be adequate to accommodate pedestrians and bicycles.
(4)
The alignment of the trail shall traverse the property approximately parallel to the body of water adjacent to the greenway.
(5)
The alignment of the area designated for the potential trail shall be the optimum alignment with designated or potential trails on adjacent properties.
§ 280-1615 Municipal uses.
[Amended 10-8-2018 by Ord. No. 2018-05]
This chapter shall not apply to any existing or proposed municipal use.
§ 280-1616 Slope control regulations.
The following controls shall apply to all areas of the Township where the conditions are applicable and to all zoning districts. It is the purpose of these regulations to limit the amount of the removal of natural resources, to protect the watershed areas, and to minimize erosion of the soil. Upon the receipt of an application for a building permit, the Zoning Officer may require that the applicant submit a topographic survey, prepared by a licensed professional surveyor registered by the Commonwealth of Pennsylvania or licensed professional engineer registered by the Commonwealth of Pennsylvania, which shall show the degree of slope. If the proposed building site is located in those areas of the Township where the natural slope of the land exceeds 25%, the following regulations shall apply:
§ 280-1617 Vision obstructions.
No building, structure, planting or other obstruction shall be permitted on any corner lot that would obscure sight visibility within the clear sight triangle established by measuring 100 feet along the center lines of the intersecting streets at a height of 3 1/2 feet above the street surface.