Leacock Township City Zoning Code
ARTICLE XVII
Supplemental Regulations
§ 310-122 Applicability.
The provisions of this article shall apply to all uses, development and structures in the Township, regardless of zoning district, and shall be considered as additional conditions or restrictions to any other provisions in this chapter. To the extent anything contained in this article conflicts with any other provision of this chapter, the most stringent and restrictive provision shall apply.
§ 310-123 Airport proximity regulations.
A.
Airport surface zones. In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Smoketown Airport. Such zones are shown on the Height Limitation and Zoning District Map prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, and dated Spring 1989, which is made a part of this chapter.[1] Any area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1)
Utility runway visual approach surface zone. Established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and is 250 feet wide. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(2)
Utility runway nonprecision instrument approach surface zone. Established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(3)
Runway larger than utility visual approach surface zone. Established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(4)
Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface zone. Established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(5)
Runway larger than utility with a visibility minimum as low as 3/4 mile nonprecision instrument approach surface zone. Established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(6)
Precision instrument runway approach surface zone. Established beneath the precision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(7)
Transitional surface zones. Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Height Limitation and Zoning District Map.
(8)
Horizontal surface zone. Established beneath the horizontal surface, 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal surface zone does not include the approach surface and transitional surfaces zones.
(9)
Conical surface zone. Established beneath the conical surface. This zone commences at the periphery of the horizontal surface and extends outward therefrom a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is on file in the Township office.
B.
Airport surface zone height limitations. Except as otherwise provided in this chapter, no structure shall be erected or maintained and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1)
Utility runway visual approach surface zone. Slopes 20 feet outward for each one foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(2)
Utility runway nonprecision instrument approach surface zone. Slopes 20 feet outward for each one foot upward, beginning at the end of and at the same elevation at the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(3)
Runway larger than utility visual approach surface zone. Slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(4)
Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface zone. Slopes 34 feet outward for each one foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.
(5)
Runway larger than utility with a visibility minimum as low as 3/4 mile nonprecision instrument approach surface zone. Slopes 34 feet outward for each one foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.
(6)
Precision instrument runway approach surface zone. Slopes 50 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
(7)
Transitional surface zones. Slopes seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation, which is 520 feet above mean sea level. In addition to the foregoing, when an airport has a precision instrument runway approach zone, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90° angles to the extended runway center line.
(8)
Horizontal surface zone. Established at 150 feet above the established airport elevation or at a height of 520 feet above mean sea level.
(9)
Conical surface zone. Slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal surface and at 150 feet above the established airport elevation and extending to a height of 350 feet above the established airport elevation or at a height of 720 feet above mean sea level.
(10)
Excepted height limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 100 feet above the surface of the land.
C.
Airport zoning requirements.
(1)
Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(2)
Nonconforming use.
(a)
Regulations not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 310-123D (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently executed.
(b)
Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon or nearby of such markers and lights as shall be deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Township.
D.
Permits and variances.
(1)
Future uses.
(a)
Except as specifically provided in Subsection D(1)(a)[1], [2] or [3] hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 310-123D(4).
[1]
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
[2]
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such approach zone.
[3]
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic feature, would extend above the height limit prescribed for such transition zones.
(b)
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this chapter, except that no permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
(2)
Existing uses. Before any nonconforming structure may be replaced, substantially altered or rebuilt or tree allowed to grow higher or replanted, a permit must be secured from the Township authorizing the replacement or change. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
(3)
Nonconforming uses abandoned or destroyed. Whenever the Township determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this chapter.
(4)
Variance.
(a)
Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply to the Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 310-123E and Article XXII are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest but would be substantial justice and would be in accordance with the spirit of the regulations and this chapter. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this chapter.
(b)
The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities, and the safe, efficient use of requirements of this chapter may be considered by the Board unless a copy of the application has been furnished to the Smoketown Airport Manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the Airport Manager (or person of equivalent description) does not respond to the application within 15 days after receipt, the Board of Appeals may act without such input to grant or deny said application.
(5)
Hazard marking and lighting. In granting any permit or variance under this section, the Board shall, if its deems the action advisable to effectuate the purpose of this chapter and reasonable under the circumstances, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person or persons requesting the permit or variance, to install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA.
E.
Enforcement/notice.
(1)
Notice to Department of Transportation. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this chapter shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue.
(2)
Conflicts. In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees and the use of land, or any other matter, and whether the other regulations were adopted by the municipality or otherwise, the more stringent information or requirement shall prevail.
§ 310-124 Animal shelters.
The following standards shall apply to the noncommercial keeping of animals. However, these standards shall not be interpreted as applying to animal hospitals, veterinary clinics, kennels, riding stables or normal farming operations, or to the keeping of horses as regulated in § 310-169.
A.
The noncommercial keeping of dogs, cats, rabbits and similar small nonfarm animals shall be permitted, subject to the following:
(1)
A maximum of four animals 10 weeks of age or older of each species shall be permitted to be kept in the R-R, S-R, V-R, R-V, C-1, C-2 and V Zones.
(2)
The area on which a shelter and/or exercise pen is maintained must be suitably enclosed and located in the rear yard at least 10 feet from any lot line and not closer than 50 feet to the nearest dwelling other than that of the owner.
B.
In Agricultural Zone.
(1)
The noncommercial keeping of domestic farm animals shall be permitted only in the Agricultural Zone, subject to the following:
(a)
Shelters for domestic farm animals shall be within the rear yard area.
(b)
The area within which domestic farm animals are kept shall be enclosed by a fence designed for containment.
(c)
No building, corral, fence or stable shall be closer than 100 feet to the nearest dwelling other than that of the owner.
(2)
For the purposes of this subsection, domestic farm animals shall include animals of the bovine, equine, porcine (swine) and sheep families, fowl (pigeons, chickens, turkeys, geese, ducks, etc.) and fish, but shall not include dogs or wild or exotic animals held in captivity.
C.
Wild or exotic animals held in captivity shall be permitted only by special exception and only in the Agricultural, Limited Manufacturing and Industrial Zones, subject to the following:
(1)
The number of such animals shall not exceed the equivalent of one animal unit per acre.
(2)
Said animals shall be maintained only within the rear yard area.
(3)
The building or area within which such animals are kept shall be enclosed by a fence or other form of enclosure designed for containment.
(4)
Such fence or other form of enclosure shall be at least 50 feet from any lot line and not closer than 100 feet to the nearest dwelling other than that of the owner, unless documentation in the form of a written agreement with the adjoining property owner(s) is provided.
(5)
The total area of all shelters and/or enclosures shall not exceed 20% of the total lot area.
(6)
All such animals shall be maintained in accordance with the regulations and/or permit requirements of the Pennsylvania Game Commission and other applicable agencies.
D.
The maximum building area occupied by an animal shelter in any zoning district shall not exceed 10% of the combined building areas occupied by all other principal and accessory buildings on the lot.
§ 310-125 Alternative energy sources.
The use of solar, wind and alternate energy systems is encouraged within these regulations and permitted within any zoning district. Active and passive solar systems, wind energy systems and similar alternate systems, including customary energy storage accessories, shall be permitted for the production, collection, movement, distribution or storage of heated water, air or other medium which is intended for conveyance to a principal or accessory building. Where such systems are utilized, the following standards shall apply:
A.
Wind-assisted energy conversion facilities.
(1)
Wind-assisted energy conversion facilities shall not be permitted in the front yard area of any property.
(2)
The structure supporting the wind rotor unit shall be located a minimum distance of the tower height (measured from the ground to the top of the rotor) plus 15 feet from any property line or road right-of-way. The height of such structure shall not exceed 75 feet.
(3)
Towers may be ground- or roof-mounted and shall be securely fastened as per manufacturer's specifications or a demonstrable equivalent to achieve maximum safety and prevent collapse or fall. Any propeller or turning device that reacts to wind velocity shall have a governor to control the speed of revolutions. Such governors may include a rudder that turns the propeller away from the wind, individually spring-mounted paddles that turn away from the wind, or other suitable manufacturer's tested device. Towers shall be locked or secured to prevent unauthorized access, and in no case shall a permanently mounted ladder be affixed less than 10 feet from grade level.
(4)
Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property or otherwise shall not exceed 70 dBA.
B.
Solar energy units.
(1)
Solar panels attached to a principal structure shall comply with the zoning setbacks prescribed for a principal structure in the applicable zoning district.
(2)
Solar panels that are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of this chapter.
(3)
Solar greenhouses attached to principal structures shall meet all yard requirements for a principal structure in the applicable zoning district.
(4)
Solar greenhouses attached to accessory structures shall meet all yard requirements specified for accessory structures of this chapter.
(5)
Detached solar greenhouses shall meet all yard requirements specified for accessory structures of this chapter.
(6)
Solar panels and solar greenhouses shall be oriented so as not to produce objectionable glare onto adjacent properties.
[Added 8-2-2016 by Ord. No. 135]
C.
Maintenance. Energy systems shall be maintained in a safe manner. Broken glass or other potentially hazardous conditions shall be promptly repaired. A disconnected or abandoned energy system shall be removed from the property within 60 days of such abandonment.
D.
Protection. Where a solar or wind system has been installed, it shall be the responsibility of the property owner to secure any easements or restrictive covenants necessary to protect the sky-space affecting the solar or wind system. Such an agreement shall be negotiated between owners of affected properties, but it is not a requirement for approval of a zoning permit for the solar or wind energy system.
§ 310-126 Benefit sales.
Benefit sales shall not include fund-raising events held by nonprofit organizations for their purposes. Benefit sales may be held in the A, LM, LI or I Zones after obtaining a permit from the Zoning Officer.
A.
The permit application shall contain the following:
(1)
Name and address of the beneficiary of the sale.
(2)
Location of sale and property owner of location.
(3)
Reason for such sale.
(4)
Date and times of the sale.
(5)
A plan for parking and traffic control.
(a)
Parking shall be limited to off-street; no parking shall be permitted on streets or public rights-of-way. The applicant shall be required to post "no parking" signs on the road rights-of-way within 500 feet of access points to the sale location.
(b)
A minimum of 20 off-street parking spaces shall be delineated as part of the parking and traffic control plan.
B.
The Board of Supervisors may approve permanent facilities for benefit sales activities. In addition to the requirements of Subsection A above, land development approval of the facility is required.
C.
Benefit sales that are not conducted at Township-approved permanent facilities shall be subject to the following additional restrictions:
D.
Before the permit is issued, the person(s) in charge shall certify in writing that the sale will comply with the above provisions.
§ 310-127 Building setback lines.
Building setback lines are hereby established on all existing and proposed roads in the Township, subject to the minimum setback requirements of the zone in which the property is located. The Township Planning Commission shall establish the class of road for all new roads planned in the Township and notify the Zoning Officer of its decision. The Zoning Officer shall add the new road to the appropriate classification in this chapter.
B.
Building lines on major collector roads.
(1)
Distance. The building line on all major collector roads shall be 30 feet from the edge of the legal right-of-way, as determined from PennDOT records, previous plans and/or surveys.
C.
Building lines on all other roads.
(1)
Distance. The building line on all other roads in the Township shall be 30 feet from the edge of the legal right-of-way, if determined. Where the legal right-of-way has not been determined, it is assumed that the legal right-of-way is 33 feet and the road cartway is centered in the right-of-way. In that case, the building line shall be 46 1/2 feet from the road center line.
(2)
Previously approved multilot subdivisions shall adhere to the designated setbacks, or a revision to said plan(s) shall be filed.
(3)
Setbacks in new multilot or multiunit subdivisions and/or land developments shall be as determined as part of the subdivision/land development approval process.
(4)
All principal buildings in new or previously approved subdivisions and/or land developments shall be set back an equal distance in order to form a uniform pattern.
(5)
Setbacks in the Village Overlay Zone and in cluster and/or apartment/townhouse developments shall be in accordance with the specific provisions elsewhere in this chapter.
D.
Yard reductions. A required front yard may be reduced to form a more consistent setback pattern in an area that is predominantly developed, according to the following guidelines:
E.
Flag lots. A dwelling located on a flag lot which contains a lot line not less than 250 feet from a public right-of-way may be situated facing in any direction on the lot, regardless of the designation of front, side and rear yards. However, minimum front, side and rear yards shall be provided as if the dwelling faced the public road to which it has access.
§ 310-128 Commercial and/or industrial performance standards.
All commercial and/or industrial operations shall be limited by the following standards:
A.
Noise.
(1)
Maximum sound pressure level in decibels - 0.002 dynes per square centimeter:
Octave Band in Hertz per Second | 7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. |
|---|---|---|
0 to 75 | 74 | 69 |
75 to 150 | 59 | 54 |
150 to 300 | 52 | 47 |
300 to 600 | 46 | 41 |
600 to 1,200 | 42 | 37 |
1,200 to 2,400 | 39 | 34 |
2,400 to 4,800 | 36 | 31 |
Above 4,800 | 33 | 28 |
(2)
For any noise of an impulsive or periodic character, the permissible limits for each octave band shall be reduced by five hertz.
(3)
Sound levels shall be measured at the lot line with a sound level meter and associated octave band filter, manufactured according to standards prescribed by the American Standards Association.
B.
Smoke.
(1)
It shall be unlawful for any persons, firm or corporation to permit the emission of any smoke from any source whatever to a density greater than density described as No. 1 on Ringelmann Chart, provided that smoke, or appearance of which, is equal to but not darker than No. 2 of the Ringelmann Chart for periods aggregating four minutes in any 30 minutes.
(2)
For the purpose of grading the density of smoke, the Ringelmann Chart currently in use by the United States Bureau of Mines shall be the standard. However, the Umbrascope readings of smoke densities may be used when correlated with Ringelmann's Chart.
C.
Dust and dirt. Dust, dirt and fly ash shall not exceed 0.3 grains per cubic foot of flue gas at stack temperature of 500° F., of which amount, not to exceed 0.2 of a grain per cubic foot, shall be of such size as to be retained on a 325 mesh U.S. standard sieve. The conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% at full load.
D.
Odor. Odorous matter released from any operation or activity shall not exceed the odor threshold concentration [as defined by the American Society for Testing and Materials Method D1391-57 "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)," as may be updated. (Philadelphia: American Society of Testing and Material, 1957)], as measured either at ground level or habitable elevation at any point beyond any lot line.
E.
Toxic gases. All industrial uses shall emit no noxious, toxic or corrosive fumes or gases.
F.
Glare and heat. All industrial uses shall not produce heat or glare beyond the property line of the lot on which the industrial operation is located.
G.
Vibration. Machines or operations which cause vibration shall be permitted, but no operation shall cause a displacement exceeding 0.003 of one inch as measured at any point beyond the property line.
H.
Waste products. Storage of waste materials shall not be permitted except in an enclosed building or approved containers. No untreated potentially dangerous effluent shall be discharged.
I.
Screening.
(1)
All outdoor storage and loading areas shall be screened from view from any residential or public right-of-way by a landscape screen or other visual barrier with plantings. The screening shall be placed immediately surrounding the area between any industrial parcel and a contiguous residential zoning district or residential use.
(2)
An alternative visual barrier shall be a six-foot-high opaque fence or wall with plantings of trees, shrubs and/or vines along the surfaces of the barrier facing any residential zoning district.
J.
Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season ground cover and/or shall be landscaped with small trees and shrubs in accordance with an overall landscape plan.
K.
Outdoor activities and equipment screening. All outdoor industrial use operations, mechanical equipment and other functional accessories of each buildings, such as elevator, penthouses, ventilation pipes and ducts, water pressure tanks, heating, air conditioning and power supply units should have an architectural building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.
§ 310-129 Decks or patios.
Decks or patios are permitted in all zones and shall meet property line setbacks. Decks or patios may include roofs and insect screening but shall not be permanently enclosed.
§ 310-130 Double-family dwellings.
[Amended 1-7-2014 by Ord. No. 131]
Double-family dwellings are subject to the following requirements:
A.
Double-family dwellings shall be permitted as a special exception use in the Rural Residential, Village Residential, Rural Village, Village Overlay, (C-1) Commercial and (C-2) Commercial Zones only on lots of two acres or greater in size;[1]
C.
Building expansion shall meet all property line setback requirements of this chapter;
D.
No subdivision of land between the two dwelling units shall be permitted or authorized; and
E.
If the dwelling is not connected to public sewer, documentation of Township Sewage Enforcement Officer approval of the on-lot sewage disposal system is required.
§ 310-131 Fences or walls.
A.
All fences of any type shall be subject to the following:
(1)
No fences shall be located in the clear sight triangle of any street or public roadway.
(2)
Common fences between properties may be installed on the property line, provided the permit application is signed by all affected property owners.
(3)
No permits are required for fences in agricultural areas unless such fence is adjacent to a residential area or as may be required by the Zoning Hearing Board.
(4)
Fences in the LM, LI and I Zones shall not exceed eight feet in height unless a greater height is permitted by special exception from the Zoning Hearing Board.
(5)
Fences in all other zones shall not exceed six feet in height unless a greater height is permitted by special exception from the Zoning Hearing Board.
(6)
Electrified fences shall be permitted only in the Agricultural Zone.
(7)
Fences in front yard areas shall be permitted only by special exception. In addition, in the R-R, S-R, V-R and R-V Zones no permitted fence shall exceed three feet in height if located in the front building setback.
(8)
Any hedge placed for the purposes of screening shall be set back off the property line.
B.
All nonlandscaping walls shall be allowed in all zoning districts, subject to the following:
(1)
Minimum lot size shall be 15,000 square feet.
(2)
No wall shall exceed four feet in height.
(3)
All walls shall be constructed of frostproof masonry.
(4)
If proposed near property lines, the wall shall be located on the common property line, with a written agreement between the adjoining property owners.
§ 310-132 Garage or yard sales.
In all zoning districts, a property owner or occupant may conduct garage or yard sales, subject to the following provisions:
A.
No more than two such sales per calendar year.
B.
No sign advertising such sale shall be more than four square feet in size.
C.
Signs shall not be placed in Township or state rights-of-way or interfere with traffic sight distances in any way.
D.
State law prohibits such signs on utility poles.
E.
All signs shall be removed within 12 hours after the sale.
F.
Garage/yard sale permits may be obtained at no charge from the Township office.
G.
Only one permit is necessary for multiple-property or area-wide sales.
H.
Commissioned vendors are not permitted
§ 310-133 Generators and fuel tanks.
Except as provided in § 310-133D below, in residentially zoned areas, generators (diesel- and gas-powered) and similar/related equipment, including fuel tanks, may be permitted, subject to the following requirements:
B.
In the (R-R) Rural Residential and (R-V) Rural Village Zones:
(1)
Generators and related equipment are permitted and shall be installed in a fully enclosed structure so as to minimize any noise and/or fumes beyond the property lines.
(2)
Fuel tanks larger than 450 gallons shall be shielded from adjoining properties, either by proper screening or fencing, so that such tank is not visible to adjoining properties. Screening is not required where a written waiver of the requirement is obtained from the adjacent property owner.
C.
All above facilities shall be set back not less than 20 feet from property lines and shall not be located in any front yard areas.
D.
Emergency standby generators. Permanent standby emergency generators shall be allowed as an accessory use to residential uses in all zoning districts, subject to the following conditions:
(1)
Standby generators shall not be located in a front or side yard and shall not be further than five feet from the rear wall of the principal building. Where a homeowners' association (HOA) exists, the placement of the generator shall be subject to the requirements of the HOA.
[Amended 8-2-2016 by Ord. No. 135]
(2)
Standby generators shall be operated only during power outages.
(3)
Standby generators shall only be tested during daylight hours Monday through Saturday and not more than once weekly.
(4)
Standby generators that are permanently wired into residential load centers shall be in accordance with, but not limited to, the National Electrical Code, the Pennsylvania Uniform Construction Code, UL and the manufacturer's specifications. Such generators shall require a UCC permit with inspection(s) and shall be an accessory use requiring a Township building permit.
(5)
Portable standby generators not hard-wired permanently into residential electrical load centers do not require UCC or Township permits.
§ 310-134 Height limit exceptions.
The following structures may project above maximum height limits: roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, towers, flag poles, chimneys, smokestacks, wireless masts, radio and television antennas, utility poles, water tanks or similar structures. However, no penthouse or roof structure nor any space above the height limit shall be allowed for the purpose of providing additional floor space for residential or commercial use. Architectural embellishments that do not correspond to the structures listed in this section shall be subject to height restrictions.
§ 310-135 Hitching posts.
In any residential area, hitching posts may be installed, provided that no part of animal or conveyance is permitted to stand on streets or in the public right-of-way. In all other nonagricultural areas, except as provided for elsewhere in this chapter, animals and conveyance shall be parked only in properly designated areas or at hitching posts installed for such purpose.
§ 310-136 Landscaping (retaining) walls.
In all zoning districts, walls for landscaping purposes may be erected in required yard setbacks but shall not be located closer than two feet from property lines, street and utility rights-of-way, or in clear sight triangles. Common landscape walls between properties may be installed on the property line, provided the permit application is signed by all affected property owners. Landscaping walls shall be maintained in good condition.
§ 310-137 Lot size reductions prohibited.
No lot, even though it may consist of one or more adjacent parcels or lots of record, shall be reduced such that any minimum area, bulk, or other requirement of this chapter is not maintained. This shall not apply when a portion of a lot is acquired for a public purpose.
§ 310-138 Manure storage facilities.
A.
Animal manure storage facilities shall be designed in compliance with the guidelines outlined in the publication "Manure Management for Environmental Protection," Bureau of Water Quality Management Publication No. 43, and any revisions, supplements and successors thereto, of the Pennsylvania Department of Environmental Protection.
B.
The applicant shall provide, either:
(1)
A letter from the Lancaster County Conservation District stating that the applicant's animal manure storage facility design has been reviewed and approved by the Lancaster County Conservation District and that all regulations and requirements of the state manure management program have been satisfied; or
(2)
Submit a letter from the Lancaster County Conservation District stating that it will not review the plan or that no review is required under applicable ordinances; or
(3)
Submit evidence that such a letter has been requested and the Lancaster County Conservation District has failed to respond.
C.
Except as otherwise provided for under the provisions of the Pennsylvania Nutrient Management and Odor Management Act,[1] no underground storage, in-ground storage, trench silo, earthen bank, stacking area, or aboveground storage facility shall be located within 50 feet of any side property line, 75 feet of any rear property line, 150 feet from any residential structure other than that of the property owner, and 100 feet from any public road right-of-way. There shall be no discharge of any type of runoff onto such road right-of-way.[2]
§ 310-139 Mobile homes.
Individual mobile homes will be considered single-family detached dwellings if they conform with all requirements for single-family detached dwellings and with the following additional criteria:
A.
All mobile homes shall be set upon and securely fastened to a permanent foundation of block or concrete, with concrete footings extending at least 36 inches below finished grade that will not heave, shift, settle or move due to frost action, inadequate drainage, or other forces acting on the superstructure. In addition to the foregoing, the mobile home foundation will be provided with devices for anchoring the mobile home to the foundation to prevent overturning or uplift of the mobile home. The anchoring device should be in the form of anchor bolts, fastened securely to the base frame of the mobile home and anchored to the concrete footing with adequate anchor plates or hooks.
B.
All wheels and any removable hitch shall be removed from the mobile home and either removed from the lot or placed within a building.
C.
The construction of all mobile homes shall conform to the requirements of 53 P.S. § 1656.1 et seq., and any other state or federal laws or regulations, and no mobile homes shall be modified or improved without strict compliance with this act and all other provisions.[1]
D.
An enclosure of compatible design and materials shall be erected around the entire base of the mobile home. Such enclosures shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
§ 310-140 Obstruction to vision at street intersections.
A clear sight triangle shall be maintained at all street intersections in accordance with the requirements of Chapter 265, Subdivision and Land Development.
§ 310-141 On-lot sewage disposal.
All building permits of any type for new connections or any changes to either private or public sewer systems shall be approved by the Township Sewage Enforcement Officer or Township Municipal Authority, as appropriate. This shall include all changes to a property that would cause an increase in the flow to the sewage system.
§ 310-142 Phone booths, automatic bank teller machines and similar structures.
§ 310-143 Pollution control.
Except as otherwise regulated by federal, state and local regulations, no building or structure may be erected, altered or used, and no lot or premises may be used, for activity that is noxious, injurious or offensive by reason of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, electrical or electronic interference, illumination, or similar substances or conditions.
§ 310-144 Public utility corporations.
This chapter shall not apply to any existing or proposed building or extension thereof or proposed building or extension thereof, used or proposed to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the structure is reasonably necessary for the convenience or welfare of the public.
§ 310-145 Satellite dish antennas.
The following types of satellite dish antennas shall be allowed in all zoning districts and shall not require a permit for same but shall observe setback regulations if applicable.
B.
Dishes used for credit card or other business transactions usually placed on rooftops.
C.
The location of all satellite dish antenna must comply with the setback restrictions for the principal use and shall not be located in front of the principal building, unless applicable provisions of the Federal Communications Commission would be violated.
D.
All ground-mounted satellite dish antennas located within the C-1, C-2, LM, LI or I Zone that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the C-1, C-2, LM, LI or I Zone shall comply with all principal use standards;
§ 310-146 Slope control regulations.
A.
The areas to be regulated by these controls are shown generally on the topographic map which is on file in the Township office; however, these controls shall apply to all areas of the Township where the conditions are applicable to all zoning districts. It is the purpose of these regulations to protect slopes, to limit the amount of the removal of natural resources, 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 registered surveyor or professional engineer provide a document or plan, which shall show the degree of slope.[1]
B.
Slope controls. If the proposed building site is located in those areas of the Township where the natural slope of the land exceeds 25%, as shown generally on the topographic map, the following regulations shall apply:
§ 310-147 Storage of explosives.
No explosive, other than small supplies of gunpowder for reloading of personal firearms, shall be stored in any zoning district except the Industrial Zone. Explosives may be stored in the Industrial Zones, provided the storage area is no closer than 500 feet to any property line, and provided the requirements of all other ordinances have been previously met and evidence of all required federal and state licenses have been provided to the Township.
§ 310-148 Swimming pools, spas and whirlpools.
The word "pool" shall have the same meaning as "swimming pool," "spa" or "whirlpool" and shall be classified as an accessory use.
A.
No pool shall be permitted without a filtering system.
C.
No pool shall be within 10 feet of any property line and shall observe other setback regulations if applicable.
D.
The draining of any pool shall not affect other properties, water or sewerage facilities, or streets.
E.
Spas and whirlpools may have alternate means other than fences to prevent unauthorized use.
§ 310-149 Tennis courts or other recreational accessory structures.
No tennis court or other residential recreational accessory structure shall be located within any minimum yard requirement. Tennis courts are also subject to the following:
A.
No facility shall be permitted unless it is protected by an open mesh permanent fence 10 feet in height behind each baseline, extending 10 feet beyond the playing area in each direction.
B.
No facility, including fence, shall be permitted to be located within 10 feet of any property line, nor exceed 10 feet in height, unless approved by special exception from the Zoning Hearing Board.
C.
No facility, including fence, shall be located closer to the front of the lot than the front wall of the principal building.
D.
If lighting is provided, it shall be arranged so that there is no objectionable glare on adjoining properties.
§ 310-150 Vegetation setbacks for Agricultural Zone.
The purpose of the Agricultural Zone is to encourage and protect productive farming and agricultural practices. The growth of large trees and shrubs in the Agricultural Zone may result in excessive shading and, therefore, reduce the growth of valuable crops. Therefore, no tree or shrub which may attain a height of 20 feet or more shall be planted or allowed to grow within 10 feet of any lot line which abuts an area within an Agricultural Zone.
§ 310-151 Waste storage facilities (dumpsters).
A.
All commercial facilities shall have outdoor waste storage facilities, which shall be routinely emptied.
B.
All facilities shall be screened or landscaped and shall be fully enclosed to limit animal access and windblown waste.
C.
No required parking areas may be occupied by any waste storage facility.
D.
No facilities shall be located in any front yard.
§ 310-152 Water supply.
All proposed land uses shall comply with the applicable water supply provisions of Chapter 265, Subdivision and Land Development, as well as any other governing ordinances and regulations.
§ 310-153 Forestry activities.
In accordance with the requirements of Section 603(f) of the MPC, as amended by Act 68 of 2000, forestry, including the harvesting of timber, is permitted as of right in all zoning districts within the Township, subject to the provisions generally applicable to all uses in the zoning district in which such land is located. If in the future the General Assembly amends the MPC to repeal Section 603(f) or to remove the requirement that forestry be permitted in all zoning districts in every municipality, this section will be of no further force or effect.
§ 310-154 Uses prohibited in front yard areas and/or on streets in certain zoning districts.
A.
Vegetable gardens are not permitted:
B.
The following shall not be located in front yard areas or on the streets in the S-R, R-R, R-V and V-R Zones:
(1)
Temporary skateboard ramps. Ramps may be located in side or rear yards, provided they are set back at least six feet from any property line.
(2)
Moveable basketball nets/supports and hockey and soccer nets/frames are permitted on driveways and in front yards but are prohibited on streets and sidewalks.
(3)
Recreational vehicles, as defined in this chapter.
(4)
Buses and trucks over 10,000 pounds GVW shall be prohibited from parking in front yard areas or on streets between sunset and sunup and for more than eight daylight hours. Exception: vehicles and equipment for on-premises activity may be permitted with proper traffic control devices.
§ 310-155 Outdoor furnaces.
A.
Purpose and scope. Whereas the Board of Supervisors of Leacock Township has determined that air pollution from outdoor furnaces may be detrimental to the health, comfort, living conditions, welfare and safety of the citizens of Leacock Township, it is hereby declared to be the policy of Leacock Township to safeguard the citizens of Leacock Township from such air pollution.
B.
Applicability. This section applies to the installation and use of all outdoor furnaces within Leacock Township, with the following exceptions:
(1)
This section does not apply to grilling or cooking using propane or natural gas in outdoor cooking or grilling appliances.
(2)
This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
(3)
This section does not apply to the use of patio furnaces, as defined in this section.
C. CLEAN WOOD EPA FIREPLACE HYDRONIC FURNACE OR BOILER OUTDOOR FURNACE PATIO FURNACE WOOD PELLETS
Definitions. The following words, terms, and phrases, when used in this section, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
Wood that contains no additives or substances of any type.
United States Environmental Protection Agency.
A permanent outdoor accessory structure primarily used for cooking purposes.
An outdoor accessory structure and burning device used to create steam or hot water for indoor heating purposes.
Includes all types of outdoor burning devices.
A device made of ceramic, iron or steel, designed to provide heat on a concrete deck or patio.
Pieces of clean wood or approved substitute.
D.
Regulations. On or after the effective date of this chapter, an outdoor furnace may be installed, used or operated in Leacock Township only in accordance with the following provisions:
(1)
Zoning requirements for new outdoor furnaces. Outdoor furnaces shall be permitted only by special exception in the A, LM, LI and I Zones.
(2)
Permits for new outdoor furnaces. No person shall use or operate an outdoor furnace unless a building permit is obtained from the Zoning Officer.
(3)
Minimum lot area required. Outdoor furnaces shall not be installed on tracts less than five acres in size.
(4)
Setback requirements for new outdoor furnaces:
(6)
Prohibition of operation for outdoor furnaces. No person shall use or operate a new or existing outdoor furnace between the dates of May 1 and September 30.
(7)
Regulatory requirements for new and existing outdoor wood-fired boilers.