Leacock Township City Zoning Code
ARTICLE XVIII
Criteria for Special Exceptions, Conditional Uses and Other Selected Uses
§ 310-157 Purpose.
It is the intent of this article to provide special controls and regulations for particular uses that may be permitted by right or by special exception or by conditional use within the various zoning districts established in this chapter. Special exceptions and conditional uses are deemed to be permitted uses in their respective zoning districts, subject to the satisfaction of the requirements and standards set forth in this article, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. The Zoning Hearing Board may grant approval of a special exception, provided that the applicant complies with the standards for special exceptions set forth in this article and demonstrates that the proposed special exception shall not be detrimental to the health, safety and welfare of the neighborhood. Similarly, the Board of Supervisors may grant approval of a conditional use under applicable regulations. The burden of proof shall rest with the applicant. In granting a special exception or conditional use, the Zoning Hearing Board or Board of Supervisors, as appropriate, may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
§ 310-158 Procedure.
The procedure for consideration of a special exception or conditional use shall follow the procedure for review and hearings as stated in Article XXIII of this chapter.
§ 310-159 Plan requirements.
In addition to any plan informational requirements for a specific land use identified in this article, a special exception or conditional use application shall be accompanied by a scaled drawing of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter and shall include the following:
A.
The location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and other pertinent information.
B.
The names and addresses of adjoining property owners, including properties directly across a street right-of-way.
C.
Ground-floor plans and building elevations of proposed structures.
D.
A written narrative of the proposed use in sufficient detail to determine that all applicable standards are adequately addressed.
§ 310-160 General standards for all special exception and conditional use applications.
In order to receive a special exception or conditional use approval, the applicant shall establish by credible evidence that:
A.
The proposed use is consistent with the purpose and intent of this chapter.
B.
The proposed use does not detract from the use and enjoyment of adjoining or nearby properties.
C.
The application complies with all criteria established for the respective land use proposal addressed elsewhere in this chapter.
D.
The proposed use does not substantially impair the integrity of the Township's Comprehensive Plan.
E.
The required front yard, side yards, open space areas, and height limitations for the applicable zoning district have been met.
F.
The off-street parking provisions are in conformance with those specified in Article XIX of this chapter.
G.
Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement of traffic.
H.
The location of the site with respect to the existing roads giving access to it is such that the safe capacity of those roads is not exceeded by the estimated traffic generated or attracted, which is not out of character with the normal traffic using said public road.
I.
The pedestrian access from the off-street parking facilities is separated from vehicular access and sufficient to meet the anticipated demand.
J.
The proposed use is not incompatible with the existing traffic conditions and adjacent uses and will not substantially change the character of the immediate neighborhood.
K.
Facilities are available to adequately service the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, etc.).
L.
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other.
M.
The use of the site complies with the requirements of any other public agency having jurisdiction over the proposed use.
N.
Operations in connection with a special exception or conditional use will not be more objectionable to nearby properties by reason of noise, odor, fumes, vibration, glare or smoke than would be the operations of any permitted use.
O.
Sufficient setbacks to and/or from agricultural operations are provided, in accordance with the applicable zoning district regulations.
§ 310-161 Criteria for specific land uses.
In addition to those items required by §§ 310-159 and 310-160 (if applicable), each of the following land uses contains criteria that shall be addressed by the applicant and reviewed by the Zoning Officer when permitted by right, or by the Zoning Hearing Board when permitted by special exception, or by the Board of Supervisors when permitted by conditional use. Deviation from the expressed criteria for specific uses shall require the granting of a variance from the Zoning Hearing Board.
§ 310-162 Other uses not specifically provided for.
[Amended 8-21-2023 by Ord. No. 151]
A.
No zoning ordinance can regulate all possible uses of land or anticipate all future conditions. A particular use may be allowed in a district if the use is not materially different from other uses allowed in that zoning district. Such uses may be permitted if the applicant demonstrates:
B.
If the proposed use is similar to a use permitted by right, the Zoning Hearing Board may allow the use, provided the preceding requirements in this section are met. If the proposed use is similar to a use permitted by special exception, the Zoning Hearing Board may allow the use, provided the preceding requirements in this section are met as well as the conditions expressed for the special exception use most similar to the proposed use.
§ 310-163 Active adult communities.
A.
Uses. An active adult community may include some or all of the following uses:
(1)
Residential dwelling units which are restricted to occupancy by households where the resident(s) is/are 55 years or older, including:
(2)
Congregate facilities where the applicant can demonstrate to the satisfaction of the Board of Supervisors that such facilities are clearly intended for use principally by residents, staff and visitors to the active adult community, including:
(3)
Accessory uses customarily incidental to an active adult community.
B.
Design requirements. All active adult communities shall meet the following minimum requirements. These requirements shall supersede the dimensional requirements of the underlying zoning district.
(1)
The minimum lot size for development as an active adult community shall be 10 acres.
(2)
The maximum number of dwelling units within the active adult community shall not exceed five dwelling units per gross acre (of the total tract).
(3)
Lot design requirements. See following table:[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(4)
Not more than 50% of the active adult community tract shall be covered by impervious surfaces.
(5)
Where the tract containing the active adult community is located adjacent to a nonagricultural developed use, any principal structure which is part of the active adult community shall be set back at least 75 feet from the adjacent tract property line.
(6)
Accessory buildings shall be located in accordance with the requirements for the principal use to which they are accessory. No accessory building shall exceed 15 feet in height.
(7)
Solid waste collection stations and parking areas (excepting driveways) shall not be located within any minimum yard area.
(8)
All uses within the active adult community shall be provided with public water and public sewer service.
(9)
Sufficient exterior illumination of the parking area and dropoff sites for guests or visitors shall be provided for convenience and safety. All such illumination shall be shielded to eliminate glare on adjoining properties.
(10)
Off-street parking areas for visitors and guests shall be located conveniently throughout the active adult community.
C.
At least 30% of the active adult community site shall be devoted to common open space. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(1)
Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.);
(2)
Protection of important historical and/or archaeological sites;
(3)
Provision of usable play and recreation areas that are conveniently accessible to residents within the active adult community; and
(4)
Integration of greenbelts throughout the active adult community that link residences with on-site or adjoining parks, schools or other similar features.
D.
An essential element of the active adult community application is a written description and plan for the disposition of ownership of common open space land, designating those areas to be offered for dedication or to be owned by the specific form of organization proposed.
(1)
The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Board of Supervisors need not require, as a condition of the approval of a active adult community, that land proposed to be set aside from common open space be dedicated or made available to public use.
(2)
In the event that common open space is not dedicated for public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land not dedicated for public use shall either be: a) constituted of the property owners within the active adult community; or b) consist of a bona fide organization among whose purpose is the preservation, conservation and protection of open space and/or natural resources. The plan may provide that the property owners' association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:
(3)
The plan to provide for the ownership and maintenance of common open space shall include:
(a)
A complete description of the organization to be established or designated for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.
(b)
A method reasonably designed to give adequate notice to property owners within the active adult community in the event of the sale or other disposition of common open space lands and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.
(4)
In the event that the organization that owns and maintains common open space, or any successor organization, shall at any time after establishment of the active adult community fail to maintain the common open space in reasonable order and condition in accordance with the development, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain common open space. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition.
(5)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the active adult community and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the active adult community.
§ 310-164 Adult entertainment establishments.
A.
Permits required. No person shall operate an adult entertainment establishment without first obtaining a use and occupancy permit as provided by Article XXIV of this chapter and all other applicable permits required by law.
B.
Minimum spacing and proximity requirements.
(1)
No adult entertainment establishment shall be located within 1,000 feet of any other adult entertainment establishment.
(2)
No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:
(3)
The distance between any two adult entertainments shall be measured in a straight line without regard to intervening structures from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified in Subsection B(2) above shall be measured in a straight line without regard to intervening structures from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.
C.
Visibility from the street. No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock-in-trade which depicts, describes or relates to specified sexual activities and/or specified anatomical areas, as defined herein, to be viewed from the street, sidewalk or highway.
D.
Consistent construction. It is the intent of these adult entertainment regulations that they be construed consistently with Chapter 194, Obscene Materials, regulating obscenity (hereinafter "the Leacock Township Obscenity Ordinance"); that nothing contained in these regulations shall be construed to permit any use, business, enterprise or activity which would be prohibited by or be in violation of the Leacock Township Obscenity Ordinance. Furthermore, it is the intent of these adult entertainment regulations to regulate those adult entertainment establishments whose activities, although characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," however, are not legally obscene. For if they were obscene, they would be prohibited by the aforesaid Leacock Township Obscenity Ordinance. In the event such consistent construction is impossible, then any conflict shall be resolved to the end that the provisions of the Leacock Township Obscenity Ordinance shall prevail.[1]
§ 310-165 Agricultural uses.
Agricultural uses shall comply with the following requirements and conditions:
A.
Poultry houses shall be located no closer than 500 feet to any existing residential structure (except a residential structure located on the premises of the applicant), nor closer than 300 feet to any property line or street right-of-way line. All structures for the housing of swine or hogs shall be located no closer than 500 feet to any existing residential structure (except a residential structure located on the premises of applicant) or closer than 300 feet to any property line or street right-of-way line.
B.
Structures for the housing of livestock and cattle shall be located no closer than 300 feet to an existing residential structure (except a residential structure located on the premises of applicant) nor closer than 150 feet to any property line or street right-of-way line.
C.
If the owner of the proposed structure owns land on the other side of the road opposite the location of the proposed structure, such structure need only be set back from the street right-of-way line 150 feet; provided, however, that the structure shall not be closer than 300 feet to the property line.
§ 310-166 Airfields and heliports/helipads (public and private).
A.
The provisions of § 310-123, Airport proximity regulations, shall apply to all public use airfields.
B.
A private airfield is defined as a single runway, helipad or hot air balloon launching area which shall not qualify for inclusion on Federal Aviation Administration (FAA) sectional maps.
C.
Private airfields shall not be located on tracts less than 40 acres in size.
D.
No more than two aircraft owners and two single-engine aircraft shall be permitted to use such airfield. Only licensed pilots shall be permitted to use such airfield — no student pilots.
E.
Such owners shall specify the type and model of aircraft and shall notify the Township of any changes in such aircraft types and models.
F.
Runways shall be set back from property lines a distance equal to the length of the runway. Where structures exist on adjacent properties within 50 feet of the end of the runway setback, the Board may extend the required setback to accommodate aircraft types.
G.
Setbacks from heliports/helipads shall be determined by the Zoning Hearing Board.
H.
The applicant shall obtain of applicable licenses from the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation (PennDOT) Bureau of Aviation prior to the approval.
I.
All aircraft and facilities shall conform to FAA and PennDOT regulations and aircraft manufacturer's performance specifications.
J.
Permits may be reviewed by the Township on an annual basis to ensure compliance with the above.
K.
The operation of ultralight aircraft, as defined in this chapter, shall be permitted only when such operation is approved subject to the terms of § 310-160 and the following provisions:
(1)
Ultralight aircraft shall be operated only in accordance with Federal Aviation Administration Regulations, Part 103.
(2)
Landing and takeoff facilities for ultralight aircraft shall be confined to the property of the owner/operator of such aircraft to facilitate private, personal use and shall be utilized by not more than two aircraft.
(3)
Any facility for the landing and takeoff of ultralight aircraft should be in compliance with the Pennsylvania laws relating to aviation (Title 74, Part III, of the Pennsylvania Consolidated Statutes).
§ 310-167 Amusement arcades.
A.
All activities shall take place within a wholly enclosed building.
B.
The applicant shall provide a plan to control noise, litter, lighting, parking, traffic flow, and loitering.
C.
Regardless of the provisions of Article XIX, a minimum of one parking space for each 80 square feet of gross floor area shall be provided.
D.
The Township may require an annual review of these conditions to ensure compliance.
§ 310-168 Animal hospitals, veterinary facilities.
A.
All veterinary and animal hospital treatment facilities shall be in fully enclosed buildings.
B.
In addition to the requirements of this section, veterinary and animal hospital treatment facilities located in the Agricultural Zone shall also comply with all the requirements for § 310-174, Businesses in Agricultural Zone. In the event of conflicts between this section and the provisions of § 310-174, the more restrictive provision(s) shall apply.
C.
The applicant shall furnish current copies of applicable state and/or federal licenses and all renewals.
E.
The applicant shall provide plans, if applicable, for:
F.
All facilities shall comply with the provisions of all other applicable Township ordinances.
§ 310-169 Carriage barns.
Carriage barns may be permitted as accessory uses to a single-family house in the (R-R) Rural Residential and (R-V) Rural Village Zones, subject to the following standards. (These standards shall supersede regulations for accessory uses listed elsewhere in this chapter.)
A.
No carriage barn shall be permitted on a lot with a lot area of less than 25,000 square feet.
B.
Maximum building footprint: 1,600 square feet. The maximum building footprint may be increased only by special exception from the Zoning Hearing Board.
C.
Maximum building height: 26 feet from the lowest finished floor elevation.
D.
Minimum front yard setback: Equal to the distance required for principal buildings, plus 15 feet, but no carriage barn shall be located between the front lot line and a principal building or extend beyond the front of any principal building.
E.
No barn, hitching post or grazing area may be located in any front yard.
F.
Minimum side and rear yard setbacks for barns: 50 feet.
G.
Minimum side and rear yard setbacks for grazing areas: six feet.
H.
No manure or waste may be stored within 30 feet of any lot line.
§ 310-170 Bed-and-breakfast establishments.
All bed-and-breakfast establishments shall comply with the following:
A.
All bed-and-breakfast establishments shall be conducted in single-family detached dwellings legally existing as of the effective date of this chapter.
B.
Not more than five units may be rented to guests.
C.
Not more than one rental unit is permitted for each 5,000 gross square feet of lot area.
D.
Guests shall be limited to lodging for a maximum of 14 consecutive days. Each period of lodging for a guest shall be separated from another period of lodging for that guest by at least a thirty-day period.
E.
The residential character of the front facade shall be maintained.
F.
Each unit shall have not less than two means of safe egress.
G.
One off-street parking space shall be provided for each unit. No additional front yard areas shall be utilized as parking area.
H.
The owner and operator of the bed-and-breakfast establishment shall be a resident of the dwelling.
I.
Not more than two persons, whether paid or unpaid, may be employed at the site.
J.
All sewage and water facilities shall be reviewed and inspected by the Township Sewage Enforcement Officer and shall comply with all applicable Pennsylvania Department of Environmental Protection regulations.
K.
The Township may require an annual review of these conditions to ensure compliance.
§ 310-171 Beekeeping.
Beehives may be permitted in all zoning districts on tracts of more than five acres in size and shall be subject to the following:
A.
Colonies shall be maintained in transportable frame hives.
B.
Hives shall be located within the rear yard area of the lot and be placed to maximize sunshine exposure and wind protection.
C.
Hives shall be located no closer than 100 feet from any property line unless a six-foot-high fence is located along the adjacent property line for a distance of at least 100 feet from the hives; in no case shall hives be located within 50 feet of any property line.
D.
Hives shall have access to an on-site water supply. Unless a natural water supply exists on the subject tract, the beekeeper shall provide a water-filled tank with a board or crushed rock as a landing area for bees.
E.
Hives shall not be oriented to active yard areas or neighboring properties.
F.
Adequate techniques in handling bees shall be maintained to prevent unprovoked stinging within 100 feet from the hive.
§ 310-172 Boardinghouses.
All boardinghouses shall comply with the following:
A.
All uses shall be conducted in single-family detached dwellings legally existing as of the effective date of this chapter.
B.
Not less than 5,000 gross square feet of lot area shall be provided for each rental unit.
C.
The residential character of the front facade shall be maintained.
D.
All sewage and water facilities shall be inspected by the Township Sewage Enforcement Officer and shall comply with all applicable Pennsylvania Department of Environmental Protection regulations.
E.
Lot areas shall not be less than minimum lot area required for single-family detached dwellings in the respective zoning district.
F.
All parking areas shall be set back 25 feet from all lot lines.
G.
One off-street parking space shall be provided for each unit. No additional front yard areas shall be provided for parking.
H.
All units shall have not less than two means of egress.
§ 310-173 Bus shelters.
Bus shelters may be permitted according to the following regulations:
A.
The applicant shall demonstrate the need for the shelter by identifying existing bus routes and the nearest existing shelters.
B.
All applicable permits from the County or State Department of Transportation shall be received.
D.
Bus stop shelters shall not exceed 100 square feet in building area.
E.
The shelter shall be architecturally compatible with the surrounding area.
§ 310-174 Businesses in Agricultural Zone.
Goals and intent of businesses in the Agricultural Zone:
A.
Businesses in the Agricultural Zone provide at-home employment opportunities that are intended to serve residents of the agricultural community. The business shall not become the primary use on the parcel. The primary use of the parcel shall be residential or occupied farm use, as defined by Article II. The business shall be owned and operated by the owner or resident of the subject parcel.
B.
Businesses in the Agricultural Zone shall be permitted only by special exception and shall meet the following standards and conditions:
(1)
Businesses in the Agricultural Zone shall be limited to the following types of activities:
(a)
Manufacturing. Production of goods for resale at retail or wholesale.
(b)
Repair services. Including, but not limited to, farm machinery service and repair, shoe repair shops, blacksmith shops, welding shops, carpenter shops, plumbing shops, and appliance repair shops.
(c)
Accessory retail sales. Limited retail sales of manufactured goods produced on the premises and/or supplies related to services provided on the premises, subject to the provisions below.
(2)
Businesses may be located on a subdivided lot (with a dwelling) or on a portion of an existing lot.
(3)
A minimum one-acre lot size (or lot area) is required to establish a business in the Agricultural Zone. Maximum lot size (or lot area) is two acres, except as follows:
(a)
The maximum two-acre lot size/lot area may be increased only where required to meet PADEP requirements for on-site sewage disposal or where extenuating physical conditions exist on the lot.
(4)
Maximum building and impervious coverage on lots: one, two acres in size.
(a)
Maximum (total) building coverage for all buildings used for businesses in the Agricultural Zone is as follows.
[1]
One-acre lot/area maximum business building coverage: 2,500 square feet.
[2]
Two-acre lot/area maximum business building coverage: 4,000 square feet.
[3]
For lots greater than one acre but less than two acres, the maximum allowable business building coverage shall be calculated as follows:
[a]
Maximum business building coverage (BC).
1-acre lot = 2,500 square feet maximum 2-acre lot = 4,000 square feet maximum |
[b]
Lot size between one and two acres:
BC = 2,500 + 1,500x; where x = [(area in acres) - (1.0)] |
Example - 1.4 acres | BC = 2,500 + (1,500)(1.4-1.0) | |
|---|---|---|
BC = 2,500 + (1,500)(0.4) | ||
BC = 2,500 + (600) | ||
BC = 3,100 square feet |
[4]
Existing buildings that exceed the business building coverage allowed in Subsection B(4)(a)[3] above may be used in the business, provided they don't exceed the total impervious coverage limitations in Subsection B(4)(b) below.
(b)
Total impervious coverage, as defined in this chapter, shall not exceed 50%.
(5)
On existing lots greater than two and less than 40 acres in size:
(a)
On existing lots greater than two and less than three acres in size, the maximum business building coverage shall be 4,000 square feet; and on existing lots three acres or greater in size, the maximum business building coverage shall be 6,000 square feet; with the following exceptions:
[Amended 8-2-2016 by Ord. No. 135]
(b)
All business-related activities, including new and existing buildings used in the business, outdoor storage, and stormwater management facilities, but excluding parking, shall be located within a two-acre area delineated on the lot. Total impervious coverage within the delineated area shall not exceed 50%.
(c)
Outdoor storage areas shall be properly screened.
(6)
On farms (40 acres or greater in size):
(a)
The maximum business building coverage shall be 6,000 square feet, with the following exceptions:
[Amended 8-2-2016 by Ord. No. 135]
(b)
All business-related activities, including new and existing buildings used in the business, outdoor storage, and stormwater management facilities, but excluding parking, shall be located within a two-acre area delineated on the lot. Total impervious coverage within the delineated area shall not exceed 50%.
(c)
Outdoor storage areas shall be properly screened.
(7)
All businesses in the Agricultural Zone shall require the preparation of a land development plan in accordance with the requirements of Chapter 265, Subdivision and Land Development, and shall comply with the requirements of Chapter 253, Stormwater Management, of the Code of the Township of Leacock.
(8)
New structures shall observe all lot, bulk, and setback requirements of the Agricultural Zone. The architectural design of all new buildings must blend in with the existing buildings on the farm, and will be subject to review and approval by the Board of Supervisors.
[Amended 8-2-2016 by Ord. No. 135]
(9)
Off-street parking shall be provided in accordance with the provisions of Article XIX. Required parking spaces shall not be utilized for storage or otherwise reduced.
(10)
The applicant shall provide information on the type and number of truck trips to be generated by the business.
(11)
The applicant shall provide a listing of any hazardous or flammable materials proposed to be used in the business.
(12)
Outdoor storage of supplies, materials and products shall be screened from adjoining roads and properties.
(13)
No mobile home may be utilized as part of the business.
(14)
No more than one business per lot shall be permitted.
(15)
Fruits, vegetables, baked goods and canned goods may be sold to the general public, except that no food shall be consumed on the premises.
[Amended 12-7-2010 by Ord. No. 128]
(a)
A food certificate from the Pennsylvania Department of Agriculture shall be provided and maintained.
(b)
A building or area used for such sales shall not exceed 300 square feet.
(c)
Craft-type merchandise exceeding one cubic foot in volume shall not be sold or displayed at the food sales location.
(16)
In its review of the special exception request for a business in an Agricultural Zone, the Zoning Hearing Board may attach such reasonable conditions as it may deem necessary to implement the purposes of this chapter. Such conditions may include, but are not limited to, the following:
§ 310-175 Campgrounds.
A.
Not less than 10 contiguous acres shall be provided for each campground.
B.
All campsites shall be set back not less than 50 feet from all lot lines.
C.
Not more than five campsites (with parking facilities) per acre or 10 campsites (without parking facilities) per acre shall be provided. Not less than 20% of the site shall be kept free of structures.
D.
Sanitary facilities and trash disposal facilities shall be provided and shall not be located within 50 feet of any lot lines.
E.
The boundaries of all camping and trail areas shall be marked to prevent inadvertent trespassing.
F.
Vehicle roadways shall be provided. No off-road vehicles may be utilized within 1,000 feet of any lot line.
G.
Each campground area with more than 20 campsites shall provide an office, staffed during normal working hours.
H.
All sewage collection, treatment and disposal shall be in accordance with applicable Pennsylvania Department of Environmental Protection regulations.
I.
Not less than one source of potable water per each 10 campsites shall be provided. All potable water facilities shall be in accordance with applicable DEP regulations.
J.
The owner shall submit a plan to control noise, litter, lighting, trespassing and traffic.
K.
The Township may require an annual review of these conditions to ensure compliance.
§ 310-176 Churches (places of worship) and related uses.
A.
Not less than one acre shall be provided for each place of worship.
B.
Lots shall not be less than 200 feet in width.
C.
All facilities shall be set back not less than 50 feet from all lot lines.
D.
Off-street parking shall be provided. All parking areas shall be set back not less than 50 feet from all residentially zoned areas.
E.
Accessory residences may be permitted and may either be located within a place of worship or be located in a detached dwelling.
F.
All detached accessory residences shall comply with residential regulations of the underlying zoning district.
G.
Educational or day-care uses may be permitted as accessory to a permitted use but shall be located upon the same lot as a house of worship or on an adjoining lot.
H.
Not less than 100 square feet of outdoor play area shall be provided per individual enrolled in any day care or school. Outdoor play areas shall not be located within the front yard and shall be set back 25 feet from all property lines.
I.
The Township may require the applicant to provide a plan for controlling noise and traffic.
J.
The Township may require screening.
§ 310-177 Commercial communications antennas, towers and equipment for commercial operation (cell sites).
A.
A commercial communications antenna that is attached to an existing communications tower, smokestack, water tower, farm silo or other tall structure is permitted, provided:
(1)
That the height of the antenna shall not exceed the height of the existing structure by more than 15 feet; and
(2)
All other uses associated with the commercial 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.
B.
A commercial communications antenna that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted is subject to the following:
(1)
The applicant shall be required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's service system.
(2)
If the applicant proposes to erect a new tower (as opposed to mounting the antenna on an existing structure), the applicant shall demonstrate that it has contacted the owners of other tall structures within a one-half-mile radius of the proposed site and has requested permission to install the antenna on those 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, farm silos and other tall structures. The Zoning Hearing Board may deny the application to construct a new tower if the applicant has not made a good-faith effort to mount the antenna on an existing structure.
(3)
The applicant must demonstrate that the antenna is not higher than the minimum height required to function satisfactorily.
(4)
If a new antenna support structure is constructed (as opposed to mounting the antenna on the existing structure), and the applicant meets the requirements of Subsection B(5) below, the minimum distance between the base of the support structure or any guy wire anchors and any property line or street right-of-way line shall be the largest of the following:
(5)
The applicant shall demonstrate that the proposed antenna and support structure are safe and that the surrounding area will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by the structure manufacturer.
(6)
A nonclimbable fence with self-locking gate shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be eight feet in height.
(7)
The applicant shall install landscaping to screen the fence and any ground-level features, including but not limited to buildings that may be erected. Landscaping shall consist of evergreen trees planted on 10 centers' maximum, which shall have a minimum height of six feet at the time of planting. The trees shall be of a species that shall grow to a minimum height of 20 feet at maturity. The Zoning Hearing Board may require further deciduous plantings to mitigate the impact of the development on the surrounding neighborhood. All landscaping must be installed prior to the issuance of a certificate of use and occupancy by the Zoning Officer. Existing vegetation on and around the site shall be preserved unless absolutely necessary to be removed for functioning of the equipment. This requirement shall not be applicable to antennas located upon an existing structure where the total height of the structure and antenna does not exceed 150 feet.
(8)
Antenna support structures under 200 feet in height shall be painted with silver or have a galvanized finish retained in order to reduce visual impact; provided, however, this requirement shall not apply to an antenna which is installed upon an existing structure such as a silo or water tower. Support structures may be painted green up to the height of nearby trees to lessen visual impact. Support structures 200 feet in height or taller shall meet all Federal Aviation Administration regulations.
(9)
If the use of the communications tower, antenna or cell site 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.
(10)
If an antenna site is fully automated, two off-street parking space shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift, but in any event may not be less than two off-street parking spaces.
(11)
No antenna support structure may be artificially lighted, except when required by the Federal Aviation Administration.
(12)
All other uses associated with the 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.
(13)
In order to reduce the number of antenna support structures needed in the Township in the future, the proposed support structure shall be required to accommodate other uses, including local police, fire and ambulance companies.
(14)
The applicant shall submit a plan for the removal of the facility when it becomes obsolete or is no longer in use. The applicant shall be responsible for the removal of the facility within 180 days from the date the applicant ceases use of the facility or the facility becomes obsolete. After the one-hundred-eighty-day time period has elapsed, the Zoning Officer shall notify the property owner (or other responsible party) that the antenna and related support structure must be removed within 60 days after receipt of said notice. If such persons fail or refuse to remove such facilities after the notice, the Zoning Officer may have the facilities removed at the expense of the property owner or the persons responsible for the erection and/or maintenance thereof.
(15)
Ownership of site.
(a)
If the proposed commercial communications antenna site is to be leased only for the time period in which said site is in operation, then the minimum site area shall be only as large as is necessary to meet the required setbacks, off-street parking area and other applicable provisions of this section.
(b)
If the proposed commercial communications antenna site is to subdivided, then the minimum lot area and dimensions shall be of sufficient size so that, in the event of discontinuance of said use, the subdivided lot will meet the minimum area and dimensional requirements for permitted uses in the zoning district in which it is located.
§ 310-178 Commercial sightseeing rides.
[Amended 8-2-2016 by Ord. No. 135]
A.
Applicant shall submit a plan for proposed tour routes for approval by the Board of Supervisors.
B.
In the case of carriage/wagon rides pulled by live animals, the applicant shall also submit a manure control/management plan for approval by the Board of Supervisors.
C.
All vehicles proposed to be operated on public roads shall conform to PennDOT's vehicle equipment and inspection regulations.
D.
The maximum number of passengers per vehicle shall be 16.
E.
All vehicles shall be equipped with rubber tires or rubber coated wheels.
F.
Only four vehicles shall be allowed on public roads at any one time for such purpose. As part of the plan required under Subsection A above, the applicant shall provide information on the proposed spacing/timing of vehicles, so as not to create a traffic hazard on public roads.
G.
Tours shall be operated only between dawn and dusk, unless extended hours of operation are approved by the Board of Supervisors.
H.
Excessive noise, such as through amplified speaker systems, from such vehicles beyond the immediate vicinity of the vehicle is prohibited.
I.
Operators of tours shall furnish proof of liability insurance to the Township. Proof shall be furnished to obtain the annual permit required by Subsection K below.
J.
The area of land used for the base of operations shall not exceed two acres, including parking areas as required in Article XIX.
K.
Annual permits shall be required and may be revoked for cause. Each application for an annual permit shall be accompanied by the applicable fees, which shall be established by the Township Board of Supervisors from time to time by resolution.
L.
The Board of Supervisors may attach conditions for the use of aircraft, provided that the conditions don't conflict with FAA regulations.
M.
The Board of Supervisors may attach other conditions as it feels necessary for the safety of patrons and public, and for adherence to the above conditions.
§ 310-179 Construction and enlargement of poultry houses, hog or swine houses, livestock and cattle houses.
A.
New structures or the renovation or conversion or expansion of existing structures to house more than 10 head of hogs or swine, 30 head of cattle or 100 birds shall not be issued a permit until a special exception has first been obtained from the Leacock Township Zoning Hearing Board. The Zoning Hearing Board shall determine, before it shall issue such a special exception, that all structures to be erected will be equipped with mechanical ventilation equipment and the most advanced technological equipment for waste storage and removal currently reasonably available to reduce and control odors, insects and other environmental and pollution problems. The Zoning Hearing Board may attach and impose other reasonable conditions in the control of water runoff, storage and removal of wastes, and in the controlling of other environmental and pollution problems.
B.
Facilities shall be located no closer than 100 feet from any public right-of-way or property line, nor closer than 250 feet of an existing residence on an adjoining property.
C.
D.
The Zoning Hearing Board may permit the expansion of existing facilities, as enumerated in this section, closer to the property and street right-of-way lines than permitted above, provided that the Zoning Hearing Board finds that the expansion of such facilities will not be more detrimental to surrounding properties than the existing use.
E.
The Zoning Hearing Board may require screening where it deems necessary.
§ 310-180 Convenience stores.
Convenience stores are subject to the following criteria:
§ 310-181 Conversion apartment houses.
Conversion apartments are subject to the following criteria:
A.
Conversion apartments may be established only within an existing single-family dwelling and must be an independent dwelling unit.
B.
The property shall be served by public sewer facilities.
C.
The conversion apartment shall contain a minimum of 350 and a maximum of 875 square feet of habitable floor area; however, no conversion apartment shall occupy more than 40% of the area of the single-family dwelling unit nor reduce said unit to less than 700 square feet of habitable floor area.
D.
A minimum of two off-street parking spaces shall be provided for each dwelling unit.
E.
There shall be no exterior evidence of the conversion apartment except for the existence of an entrance that is separate and private from that of the single-family dwelling.
§ 310-182 Day-care facilities.
A.
Minimum lot area: one acre.
B.
An outdoor play area shall be provided at a rate of 100 square feet per child. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and shall be set back not less than 25 feet from all property lines.
C.
The applicant shall provide a plan for controlling noise and traffic.
D.
All applicable state or county permits and licenses shall be provided.
§ 310-183 Elder cottage housing (ECH) units.
A.
Purpose and legislative intent. It is hereby declared a matter of legislative declaration and belief that the increasing numbers of elderly persons in the Township are in need of suitable forms of housing which would allow for the elderly to remain as independent as possible while maintaining a close connection to the members of their family. It is the intent of the Board of Supervisors to provide for such housing since this is an acceptable form of alternative housing for the elderly if properly limited.
B.
For the purposes of this section, "resident" shall mean the owner or lessee of the property.
C.
General requirements of ECH unit.
(1)
At least one of the proposed occupants of the elder cottage housing unit ("ECH unit") shall be a blood relative or adopted relative of the primary resident of the property where the ECH unit is to be situated.
(2)
At least one occupant of the ECH Unit shall be at least 62 years of age.
(3)
There shall be no more than two occupants of the ECH unit. In no event shall a health care provider be deemed to be an occupant of the ECH unit when that said health care provider is providing medically necessary nursing care for the occupant or one of the occupants of the ECH unit.
(4)
The right to utilize the ECH unit shall terminate upon any one of the following events
(a)
The death of the occupants of the ECH unit;
(b)
The date of the conveyance or other transfer of the lot to other than the resident or property owner family member;
(c)
The failure to comply with any of the requirements specified herein or other provisions of this chapter; or
(d)
The resident moves from the property.
(6)
Upon written notice from the Zoning Officer, the property owner shall have 30 days to appeal or remedy violations of Subsection C(4)(c).
(7)
Changes in the property owner or lessee shall require a new approval/permit from the Township.
(8)
Upon termination, the ECH unit, together with all related construction items, shall be removed from the property within 90 days.
(9)
One additional off-street parking space shall be provided for the ECH unit.
D.
Location, size, height and area requirements.
(1)
The ECH unit shall have a maximum floor area of 1,000 square feet.
(2)
The ECH unit shall not exceed 16 feet in height measured from the bottom of the main floor to highest point of the roof.
(3)
The ECH unit shall not be permanently attached to the principal dwelling unit nor shall the ECH unit be located more than 50 feet from the principal dwelling unit.
(4)
The ECH unit shall be located to the rear of the principal building unless terrain or sewer facilities make such impractical, in which case the ECH unit may be located in the side yard.
(5)
The ECH unit shall observe all yard setback requirements of the zoning district wherein the lot is located.
E.
Additional regulations.
(1)
The ECH unit shall utilize existing water and sewer facilities, subject to the approval of the Township Sewage Enforcement Officer. A stormwater management plan may also be required.
(2)
Approved premanufactured units may be utilized and do not require Pennsylvania Uniform Construction Code approval except for connections to electric, water and sewer.
(3)
Variances from the above regulations shall require a hearing before the Zoning Hearing Board.
§ 310-184 Family group homes for developmentally disabled persons.
A.
Not more than seven developmentally disabled persons may reside at the home. Full-time on-site supervision shall be provided at all times.
B.
The family group home shall be licensed by the appropriate federal or state agencies. Copies of any notice of revocation of license sent by the licensing authority to the entity responsible for administration of the family group home shall be forwarded to the Leacock Township Zoning Officer for review.
C.
A family group home shall not be located within 1,000 feet of an existing family group home or any community residential facility.
D.
The entity responsible for administration of any family group home shall comply with all requirements or standards of the Township pertaining to dimensions, buildings, housing, health, fire safety and major vehicle parking space that generally apply to single-family residences in the residential zones.
E.
The Township shall be permitted to conduct periodic inspections of the center to ensure compliance with all applicable regulations.
F.
Not more than one person per 500 square feet of floor area shall occupy the premises.
§ 310-185 Farm machinery service and repair.
A.
No service of privately registered automobiles shall be permitted, except on an incidental basis. Repairs and service shall be limited to agricultural equipment and implements.
B.
No fuel sales are permitted.
C.
The applicant shall demonstrate that the proposed type and location of the facility is necessary for the agricultural community.
D.
Service and/or repair activities shall be generally conducted within a wholly enclosed building.
E.
No outdoor storage of junked or discarded vehicles, parts, equipment or other materials used is permitted.
F.
All exterior equipment storage areas shall be screened from adjoining residentially zoned properties.
G.
The Board may require additional screening.
§ 310-186 Farm produce stands (roadside sales).
Roadside stands for the sale of agricultural products grown on the site, subject to the following:
A.
Farm produce stands must be located at least 10 feet from the right-of-way line and shall not create any obstructions to vision (§ 310-140) or hazards to vehicle traffic on adjacent roads.
B.
Any structure used to display such goods shall not exceed 200 square feet of floor area and have a maximum height of 15 feet.
C.
Any farm produce stand must have at least two off-street parking spaces.
D.
The farm produce stand must be located on the property on which the products for sale are produced.
E.
Up to 50% of the produce sold can be grown at a location other than the site of the roadside stand.
§ 310-187 Farm tours.
A.
Minimum lot size: 40 acres.
B.
Farm must be existing and in operation.
C.
An approved land development plan is required prior to the issuance of any permits to operate the use.
E.
One parking space must be provided for every two acres of lot area; minimum of five spaces. Provisions shall also be made for the parking of buses.
F.
Entrance to parking area must be approved by the Township.
G.
Beverages may be served but no food of any type shall be available to persons touring the farm.
H.
Sanitary facilities shall be provided in accordance with PADEP requirements.
I.
No crafts or any other type of merchandise shall be sold.
J.
Only produce grown on such farm may be sold; no imports of any type.
K.
Charges for such tours shall observe state regulations.
L.
The Township shall require the applicant to furnish certificates of liability insurance.
M.
Annual permit renewals shall be required; inspections by the Zoning Officer shall be permitted.
N.
The Board of Supervisors may attach other conditions, as it feels necessary for the safety of patrons and adherence to the above conditions.
§ 310-188 Flea markets.
A.
Off-street parking shall be provided at the rate of one space per 500 square feet. Parking shall be calculated on the basis of the gross ground area devoted to the activity.
B.
All activities shall be set back at least 50 feet from all property lines.
C.
Not more than one sign, not to exceed 32 square feet, shall be permitted on the premises.
D.
The applicant shall provide a plan for the control of noise, traffic, parking, litter, loitering and lighting.
§ 310-189 Fuel production from agricultural by-products.
The applicant shall demonstrate the following:
A.
The proposed use is designed, sized and operated in a manner that will comply with all applicable federal and state regulations.
B.
The Zoning Hearing Board can attach conditions which it feels are necessary to protect nearby properties, the intent of this chapter and/or the general public welfare.
§ 310-190 Funeral homes.
A.
If the facility is not connected to public sewer, documentation of Township Sewage Enforcement Officer approval of the on-lot sewage disposal system is required.
B.
The applicant shall submit a plan to demonstrate that sufficient off-street parking will be provided to prevent traffic backups onto adjoining roads.
C.
The Township may require screening.
D.
The Zoning Hearing Board can attach conditions which it feels are necessary to protect nearby properties, the intent of this chapter and/or the general public welfare.
§ 310-191 Golf courses and driving ranges.
A.
General regulations. In addition to the detailed regulations below, all conventional and miniature golf courses and driving ranges shall comply with the following:
(1)
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads.
(2)
All lighting facilities for night play shall be designed and located so as to not produce a glare or direct illumination onto abutting properties.
(3)
The applicant shall submit a plan for controlling noise, litter and hours of operation.
(4)
As a condition of approval, the Board may specify hours of operation and may require protective mesh fencing when necessary to provide protection to abutting properties and roads.
B.
Golf course, conventional.
(1)
Minimum lot area: 20 acres.
(2)
All greens shall be set back not less than 50 feet from all lot lines.
(3)
All buildings and accessory uses shall be set back at least 100 feet from all lot lines.
(4)
All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and roads.
(5)
The applicant shall perform a water analysis to demonstrate that any water use shall not have adverse effects on existing or future adjacent water wells.
(6)
All vehicle roadways shall be designed to minimize conflicts between automobiles and golf carts.
D.
Golf driving ranges, stand-alone use.
(1)
Minimum lot area: five acres.
(2)
All buildings and accessory uses shall be set back at least 100 feet from all lot lines.
(3)
There shall be a minimum setback of 100 feet from the field of play to any adjacent property line or street right-of-way.
(4)
All outdoor storage of maintenance equipment shall be set back at least 100 feet and screened from adjoining residential structures and roads.
(5)
All parking shall be set back not less than 20 feet from any residential zoning district.
§ 310-192 Heavy equipment sales, service and/or repair facilities.
A.
Services and/or repair activities shall be generally conducted within a wholly enclosed building.
B.
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
C.
All exterior storage and/or display areas shall be screened from adjoining residentially zoned properties. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather dust-free surface.
D.
The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes and heavy equipment vehicles on the property is prohibited;
E.
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed towards any adjoining residentially zoned property.
F.
The storage of unregistered vehicles for more than 60 days is prohibited.
§ 310-193 Home occupations.
The following regulations shall apply to home occupations:
A.
The home occupation shall only be conducted within the confines of a building used for residential purposes or a building accessory thereto and no products utilized in the home related business shall be stored or displayed for sale outside.
B.
The total square footage of the area devoted or used for the home occupation shall not exceed an area equivalent to 25% of the total square footage of the residential dwelling. For the purposes of this provision, the term "square footage of the residential dwelling" shall mean the square footage of all floors and basement areas but shall exclude attic space.
C.
No more than two persons other than persons residing in the residential building shall be employed in the home business.
D.
No outside storage, display or sales is permitted.
E.
No alterations to the exterior facade of the residential dwelling or accessory building shall be permitted, the effect of which would establish that the building is being used for purposes other than a dwelling or accessory building.
F.
Two parking spaces shall be required, in addition to those required by the dwelling use. No additional front yard areas shall be utilized for parking.
G.
Before any building is used as a home occupation, the person intending to operate the home occupation shall apply for and receive a permit from the Zoning Officer, which permit shall reflect that it is issued subject to applicant complying with the conditions of this section. Said permit shall be countersigned by the applicant for the purpose of establishing his acknowledgement of these regulations.
H.
The applicant shall permit periodic inspections to ensure compliance with these conditions.
§ 310-194 Hospitals and related uses.
A.
Minimum lot area: two acres.
B.
The property shall have frontage along an arterial or collector road.
C.
All buildings and structures shall be set back 50 feet from all property lines.
D.
Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned and/or used properties.
E.
All lighted signs shall be shielded to prevent glare on adjoining properties.
F.
The applicant shall provide a plan for controlling noise, traffic and lighting.
§ 310-195 Hotels and motels.
A.
Hotel or motel units shall not be used as apartments for nontransient tenants, shall not contain more than two rooms (excluding bathrooms or kitchens) and shall not be connected by interior doors in groups of more than two units each.
B.
Each hotel or motel room unit shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with at least one shower or bath, toilet facility and sink.
C.
Each hotel or motel shall have an office.
D.
One apartment with or without kitchen facilities for the use of the hotel or motel manager or caretaker and family within the hotel or motel building is a permitted accessory use.
E.
Waste holding (dumpster) areas shall be located no more than 15 feet from the principal building and shall be screened with a minimum eight-foot-high screen of either natural or man-made materials.
F.
The applicant shall provide a plan for the control of trash, noise, loitering and parking.
§ 310-196 Kennels.
In addition to the requirements of this section, kennels located in the Agricultural Zone shall also comply with all the requirements for § 310-174, Businesses in Agricultural Zone. In the event of conflicts between this section and the provisions of § 310-174, the more restrictive provision(s) shall apply.
A.
Breeding kennels shall not be permitted on tracts of less than 10 acres. Boarding kennels may be located on tracts of two acres or greater, provided that such facilities are limited to not more than 25 adult dogs. The minimum lot size for boarding kennels housing more than 25 adult dogs must be increased by one additional acre for every 25 adult dogs or portion thereof.
C.
All floor surfaces of outdoor pens and exercise areas shall be constructed of an impervious material and shall be located within the rear yard areas of the property.
D.
All dogs shall be located indoors at night (sunset to sunrise).
F.
The applicant shall furnish copies of applicable state and/or federal licenses, including renewals, to the Township.
G.
All facilities, including buildings, floors, cages, exercise runs, and all operations of the kennel, shall be in accordance with applicable state and federal regulations, including but not limited to the Pennsylvania Dog Law, Act 225 of 1982, as amended.
H.
The applicant shall furnish plans of the facilities to the Township which demonstrate compliance with the above regulations.
I.
The applicant shall allow the Township Zoning Officer and/or other authorized Township representative to inspect the kennel(s) during normal business hours on at least an annual basis. Inspections of the interior of the kennel(s) shall not occur without the authorization of the kennel owner/operator.
J.
The applicant shall allow the Township Zoning Officer and/or other authorized Township representative access to examine any and all records pertaining to the kennel operation.
K.
The Zoning Hearing Board may attach other conditions it feels are necessary to protect the inhabitants of the surrounding neighborhood.
L.
The applicant shall meet provisions of all other applicable Township ordinances.
§ 310-197 Landfills, solid waste disposal and processing facilities.
A.
No landfill shall be located on land mapped by the United States Department of Agriculture Lancaster County Soil Survey, as amended, as having a high-water table or seasonal high-water table or subject to flooding.
B.
No junk shall be stored, placed or accumulated on any property unless in a building that shall be completely closed and locked.
C.
No landfill shall be located on a lot less than 20 acres.
D.
The applicant shall prepare a transportation study to demonstrate that vehicles using the landfill will not result in adverse effects on local roads. The study shall indicate current roadway conditions, including width, horizontal and vertical curves, sight distances at intersections, and anticipated weight limitations, for all utilized roadways within a distance of one mile from the site.
E.
Landscape screening shall be provided along the perimeter of the site for a width of not less than 100 feet.
F.
No lands classified as Class I, II or III prime agricultural soils shall be utilized for the landfill.
G.
All activities shall be enclosed by an opaque fence not less than eight feet in height.
H.
All activities, including grading, filling, compaction, unloading, processing, transfer and deposition of solid waste, shall be supervised by a qualified facility operator.
I.
No landfill material shall be left uncovered overnight.
J.
A contingency plan for the disposal of solid waste during a facility shutdown shall be prepared.
K.
In no event shall leachate be disposed in a storm sewer, to the ground, or in any other manner inconsistent with the Pennsylvania Department of Environmental Protection's regulations.
L.
To evaluate the adequacy of the water supply to meet the needs of the proposed use, feasibility studies must be conducted by a qualified professional hydrogeologist and incorporate the following:
(1)
A groundwater availability study which demonstrates:
(a)
Sufficient water to supply the facility. For conservative planning purposes, determining the consumptive use of each facility shall be based upon the specifications of Pennsylvania Code Title 25, Environmental Protection, Chapter 73.17, Sewage Flows, Commonwealth of Pennsylvania, Joint Committee on Documents, as amended, Harrisburg, Pennsylvania.
(b)
Sufficient water supply as certified by a qualified professional. A demonstration of adequacy for any other applications shall be made by a qualified professional, based on estimated consumption. The supply shall be adequate to meet the peak daily flow of the proposed development, assuming a combination of well yield and storage sufficient to meet peak withdrawal rates for concurrent multiple uses.
(c)
Sufficient water supply in drought conditions. For all intended uses, the water supply shall be adequate to meet basic residential or commercial needs according to drought conditions with either a one-in-ten-year recurrence potential, if such data is available, or with a ninety-day no-recharge event. The definition of drought conditions is based upon regional groundwater studies completed by the Delaware River Basin Commission in 1982.
(2)
A drawdown analysis of the water table, which will:
(a)
Evaluate the potential on-site impact of the proposed well(s) on the water table elevation and any on-site surface water bodies.
(b)
Proper hydrogeologic industry standards for evaluating the potential effects of groundwater withdrawal from proposed sources during drought conditions (ninety-day no-recharge) on the available groundwater aquifer, nearby surface water bodies, and neighboring groundwater users dictate that a preliminary groundwater computer model be developed and evaluated. The results of the preliminary computer modeling based upon available hydrogeologic data will produce a plot of drawdown within the groundwater system as a result of the proposed water use. On-site impacts of the proposed use shall not adversely affect the base flow or elevation of surface water bodies; the riparian rights of on-site users shall be protected; and the proposed use shall not lower the available or necessary water supply.
(c)
Evaluate the potential impact of the proposed well(s) on adjacent wells and surface water bodies. The drawdown will be interpreted using standard industry practices to assess the impact, if any, that the proposed plans will have on the area drawdown. Because this interpretation is highly site-specific, each analysis and interpretation will be unique. In no case shall the proposed use cause existing adjacent water supplies to be lowered beyond an adequate level for current or future uses.
(3)
An analysis of water quality which will demonstrate through adjacent property sampling or through on-site wells that the water source will meet DEP and EPA water quality standards (at a minimum, testing should analyze nitrate-nitrogen and total coliform, but possible contamination by past activity in the area would necessitate testing for specific hazardous substances). As part of the land planning process involving on-site sewage disposal, DEP requires representative sampling of groundwater for nitrate-nitrogen. Depending upon the results of these studies, a proposed facility may need to be modified or withdrawn from consideration. Nitrates and total coliform in groundwater may themselves pose a health risk to humans; however, they additionally serve as an indicator of the potential for other harmful contaminants as well. Additional testing may be required where evidence suggests the possibility of contamination from a previous use.
M.
Where required, preliminary hydrogeologic studies shall consist of the following minimum considerations:
(1)
A topographic map indicating the location of the site, any proposed on-site sewage disposal systems and wells. Narrative descriptions of the types of these systems shall also be furnished.
(2)
A description of the geologic conditions on and around the site that would affect the groundwater recharge rate and the degree of groundwater renovation. Such conditions can include, but need not be limited to, closed depressions, sinkholes, high-water table conditions, springs, lineaments, faults, outcrops of bedrock, soil mottling, surface drainage into the ground, ghost lakes, and similar hydrogeological features.
(3)
A map and narrative description of the area that will be impacted from the proposed use of on-lot sewage disposal systems. Such analysis will consider and identify the system's dispersion plumes and mixing zones, which shall be calculated from the surface topography and known geologic conditions. The analysis will then describe anticipated water quality/quantity impacts to areas located downgradient and/or along any geologic strike or fault. These anticipated impacts should also consider existing and potential land uses located within the affected area.
(4)
Should it be determined that the proposed use(s) would result in a degradation of surface water or groundwater quality, or impair the potential use of nearby properties, the study shall present measures that can be employed to mitigate these adverse impacts.
N.
The results of these feasibility studies, tests and reported well yield shall be filed with the Township and added to its official well data and mapping. This data will be used by potential developers and the Township in assessing the need for additional well testing as part of the Township's process for reviewing planning modules for development.
O.
The Township shall not issue a permit for any application which fails to satisfy the requirements of this section. Permits so issued shall be revoked where the use fails to conform to the specifications of the groundwater availability study.
P.
A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site shall not be located within this landscape strip.
Q.
Any processing or solid waste (including but not limited to incinerations, composting, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.
R.
No material shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line and 500 feet of any land within a residential zone.
S.
All grading, filling, compactions, unloading, transfer, storage, processing, incineration or deposition of material shall be completely screened from view from any point along the property line.
T.
The applicant must demonstrate compliance (through a written statement) and continue to comply with the applicable state and federal standards and regulations, and copies of all applicable permits shall be forwarded to the Township.
U.
The use shall be screened from all roads and adjoining properties.
V.
All uses shall provide queuing lanes into the facility, such that vehicles shall not back up onto public roads.
W.
All driveways onto the site shall be paved with a dustless surface for a distance of not less than 200 feet from the street right-of-way line. Vehicle wheel cleanout areas shall be utilized to remove mud or other materials from wheels.
X.
Access to the site shall be regulated by an attendant. The site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations and to prevent unauthorized access or unauthorized dumping.
Y.
Hazardous waste as described by the Department of Environmental Protection shall not be permitted.
Z.
A plan to control dust, noise and scattered debris or litter shall be prepared.
AA.
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 Materials, 1957)], as measured either at ground level or habitable elevation at any point beyond any lot line.
§ 310-198 Life care facilities.
A.
Minimum lot area: two acres. Maximum lot area: 10 acres.
B.
Regardless of the parking space width provisions of Chapter 265, Subdivision and Land Development, the width of parking spaces shall not be less than 10 feet.
C.
Off-street van or bus parking areas shall be provided.
D.
All outdoor recreation facilities shall be screened.
E.
All lighted signs shall be shielded to prevent glare from shining towards adjacent property.
§ 310-199 Mini warehouses or similar storage facilities.
A.
Mini warehouses shall be screened along all lot lines.
B.
Required parking spaces may not be rented as, or used for, vehicular storage.
C.
All materials shall be stored within an enclosed building.
D.
No sales may be conducted from the site.
E.
A dwelling for a caretaker or resident manager may be permitted. The dwelling of the resident manager shall comply with all bulk and lot regulations applicable to dwellings as specified in the (R-R) Rural Residential Zone.
F.
No fuel, combustible paint, solvents or similar materials shall be permitted.
G.
No door openings for any mini-warehouse storage unit shall be constructed facing any residentially zoned property.
H.
Mini warehouses shall be used solely for the dead storage of property, with only incidental access of property. Any use that requires regular access of property or regular transfer of materials shall be prohibited.
I.
Large items, such as boats, recreational vehicles, etc., may be stored outside but shall not occupy any required parking area.
§ 310-200 Mobile home parks.
A.
A permit to construct or make alterations to a mobile home park shall be issued only after a plan, which has been approved by the Pennsylvania Department of Environmental Protection, has been filed with and approved by the Zoning Hearing Board. The Board shall require that the surrounding area be satisfactorily protected by planting or other suitable buffer or screening arrangements.
B.
Each mobile home park shall be established, maintained, conducted and operated in strict compliance with:
(1)
The rules and regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection, Chapter 4, Article 415, "Regulations for Mobile Home Parks," adopted October 30, 1959, as the same may be changed or amended from time to time; and
(2)
The Leacock Township Mobile Home and Mobile Home Park Ordinance, as contained in the Township's Subdivision and Land Development Ordinance.
§ 310-201 Motor vehicle sales.
Motor vehicle sales are subject to the following conditions:
A.
The following minimum lot area, setback requirements, height regulations, lot coverage and other specified conditions shall apply.
(1)
Minimum lot area: 30,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front, side and rear yards:
(a)
Front yard minimum depth. The minimum building setback line from all streets shall be in compliance with the requirements of § 310-127; provided, however, that the minimum distance shall be 50 feet from the center line of the street upon which the premises front. As an exception to this regulation, in developed areas the Zoning Hearing Board may authorize the building to be placed in line with existing structure.
(b)
Minimum side yards. The minimum side yard setback shall be 20 feet.
(c)
Minimum rear yard depth. The minimum rear yard setback shall be 30 feet.
(d)
Height. The maximum height of any building shall be 40 feet.
(e)
Maximum lot coverage. No more than 60% of the lot shall be covered by buildings and paved parking areas.
B.
No land area within any of the minimum front, side and rear yard setback areas shall be paved or used for parking of motor vehicles, except that:
(1)
The area required for ingress and egress from the premises may be paved but, in the event said means of ingress and egress extend toward the rear of the property beyond the front building line of the building, the part of the accessway which extends toward the rear of the property beyond the front building line of the building shall not be situated within either side of rear yard setback areas.
(2)
The portion of the minimum front yard area closest to the building, but not exceeding 1/2 the distance from the front building line to the center of the street upon which the building fronts, may be paved and used for the parking of motor vehicles and display of motor vehicles for sale.
C.
No materials or parts shall be stored within any of the required front, side or rear yard setback areas, except as permitted above by Subsection B(2) of this section.
D.
The Zoning Hearing Board may require plantings within all setbacks as a condition of approval, the nature and extent of said plantings to be determined by the Board. In any event, the setback areas, except those which may be paved as set forth in Subsection B(2) above, shall be kept and maintained in grass, unless the Board approves another ground cover.
E.
All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.
F.
The following requirements shall be shown and noted on the site development plan:
(1)
There shall not be any outside storage or display of accessories when such uses are not open for business. No portable signs are allowed at any time or at any location.
(2)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the main building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage of any of the above-mentioned items outside of such enclosure.
(3)
All landscaped areas designated on the site development plan and/or landscaping plan shall be maintained in a neat and healthy condition at all times.
(4)
A public-address system or any other amplified noises are prohibited.
§ 310-202 Municipal buildings, firehouses and similar facilities.
Governmental buildings and facilities, firehouses and similar uses shall comply with all bulk and lot regulations of the zone in which the use is located, unless the sponsoring agency can submit compelling reasons for a modification to these requirements. In such a case, the Board may waive or modify any such requirement.
§ 310-203 Nightclubs and similar places of entertainment.
§ 310-204 No-impact home-based businesses.
No-impact home-based businesses are permitted as a use by right in all zones, except that such permission shall not exceed any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common-interest-ownership community. The business or commercial activity must satisfy the following requirements:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
§ 310-205 Nursery and garden materials retail sales.
A.
No storage of inventory or materials shall be located within 25 feet of any residentially zoned property.
B.
No motorized vehicles or equipment shall be utilized within 50 feet of any residentially zoned property.
C.
The Township may require screening.
D.
A plan shall be provided to control the tracking of mud, stone, soil or other material onto public roadways.
E.
All facilities, including sales areas of more than 2,000 square feet, shall have access to an arterial or collector road.
§ 310-206 Outdoor sales and display.
A.
The outdoor sales and display shall be an accessory use to retail stores or shops and shall only be conducted by the owners or operators of said shops.
B.
There shall be no additional outside lighting because of any outdoor sales and display areas.
C.
The area devoted to outdoor sales and display shall not exceed 5% of the total floor area of the principal building, unless a special exception is granted by the Zoning Hearing Board.
D.
The outdoor sales and display area shall comply with all building, yard, height and area requirements of this article.
E.
The area devoted to outdoor sales and display shall be considered to be buildings for all purposes under this chapter.
F.
The location of outdoor displays on sidewalks, under canopies or other areas immediately in front of the building's storefront shall be arranged to provide clear pedestrian access (sidewalk or other area) at least eight feet wide.
G.
In no case shall the location of such sidewalk display areas occur within any area used for vehicular circulation, required parking and loading, nor emergency vehicle access (e.g., fire lanes).
H.
In no case shall such sidewalk display area exceed 50% of the lineal storefront dimension. (For example, a two-hundred-foot-long storefront could display no more than 100 lineal feet of a sidewalk display).
I.
The applicant shall submit a working plan to the Township for the cleanup of litter and debris which may result from such outdoor display. Also, the applicant shall depict any intended sidewalk display areas upon any permits and/or plans required by the Township.
§ 310-207 Parking at off-site locations.
The Zoning Hearing Board may permit the provision of required parking spaces on a separate lot, subject to the following conditions:
A.
The applicant shall demonstrate long-term control over the off-site parking area, such as a lease or other rental agreement, or by ownership.
B.
No off-site parking shall be located on a parcel within a residential or agricultural zone.
C.
Off-site parking spaces shall be allocated to not more than one user at the same time.
D.
If any off-site parking area abuts a residential area, the Zoning Board may require the provisions of landscaping along the boundary.
E.
The applicant shall demonstrate to the Zoning Hearing Board that on-site parking, as required by this article, cannot be reasonably provided due to practical difficulty or hardship.
F.
Off-site parking spaces shall not be reduced or allocated for other uses.
§ 310-208 Petting zoos.
A.
Only animals and birds indigenous to Pennsylvania shall be permitted.
B.
Proper fencing, shelter and health care shall be provided and maintained for the animals' safety and well-being.
C.
Fenced areas or cages shall be kept clean and sanitary so as not to cause unnecessary odors or unsightly conditions.
D.
The area for a petting zoo shall not exceed two acres, including area for required parking.
E.
A permit shall be applied for and renewed annually.
F.
Proof of liability insurance shall be furnished as part of the permit application.
G.
The Board of Supervisors may attach such other conditions as it deems necessary for the protection of patrons, animals and surrounding property and property owners.
§ 310-209 Public libraries, public museums and similar facilities.
§ 310-210 Quarrying and similar extractive uses.
The extraction, processing and shipping of raw materials may be permitted in accordance with the following conditions:
A.
No extraction or processing shall be permitted within 200 feet of any lot line or 500 feet of any residential zone.
B.
The applicant must demonstrate compliance and continue to comply with all applicable state and federal standards and regulations.
C.
A traffic impact study analysis shall be provided, showing the following:
(1)
Existing traffic volume data for all roadways within 1,000 feet which provide access to the site.
(2)
Anticipated traffic volumes for the area identified in Subsection C(1) above, resulting from the proposed use as well as background traffic growth.
(3)
Analysis of current and future levels of service for all intersections identified in Subsection C(1) above.
(4)
Physical analysis of all roadways identified in Subsection C(1) above, including cartway width, shoulder width, pavement condition, horizontal and vertical curves, anticipated stormwater drainage characteristics, and sight distances.
(5)
The traffic analysis shall be reviewed by the Township Engineer.
(6)
The applicant shall submit a transportation study, detailing the effect of the quarry on local roadways, including effect of vehicle weight, congestion and noise.
(7)
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not backup onto public roads.
D.
All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding one-hundred-foot paved section to dislodge any mud that may have become attached to a vehicle's wheel.
E.
All activities, including blasting, grading, excavation, loading, processing and transfer operations, shall be continuously supervised by a qualified facility operator.
F.
Access to the site shall be controlled to prevent unauthorized activities.
G.
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating 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.
I.
A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site shall not be located within this landscape strip.
J.
Any processing or solid waste (including, but not limited to, incinerations, composting, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.
K.
No material shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line and 500 feet of any land within a residential zone.
L.
A landscape strip not less than 20 feet deep shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within the landscape strip. Fences or other screening erected on the site must not be located within the landscape strip.
M.
The applicant shall submit a plan demonstrating safe access to the site, control of odors and control of blowing litter.
N.
The applicant shall submit a plan for closing the site upon the conclusion of the operation.
§ 310-211 Radio, TV antennas, towers and facilities.
The following shall apply to radio/TV antennas and transmitting towers, airport runway approach towers, cable company satellite dish arrays, and computer ISP towers (greater than 50 feet in height) and related facilities:
A.
Applicant shall have to prove that a new tower/facility is necessary for placement at the proposed location.
B.
The facility shall not be located in any residential zone due to the possibility of RF interference to the residents.
C.
All towers and satellite dish arrays shall not be located less than 1,000 feet from a residential zone.
D.
All towers and satellite dish arrays shall be set back from any property line at least the height of the tower/satellite dish.
E.
All antennas that emit radiation shall be installed according to manufacturers', FCC and FAA regulations.
F.
Copies of applicable licenses and renewals, if any, shall be furnished to the Township.
G.
Copies of rights-of-way or other property agreements shall be furnished to the Township.
H.
Screening of facilities and associated structure from adjoining properties, if necessary, shall be determined by the Zoning Hearing Board.
§ 310-212 Recreation facilities (commercial).
The following shall apply to all nonpublic recreation facilities, with the exception of swimming pools (see § 310-221), whether indoor or outdoor.
A.
The property shall front on or have access to an arterial or collector road.
B.
Outdoor activities shall provide screening and/or landscaping.
C.
Structures exceeding the maximum permitted height may be permitted if they are set back from all property lines at least the horizontal distance equal to their height.
D.
Waste holding (dumpster) areas shall be located no more than 15 feet from the principal building and shall be screened with a minimum eight-foot-high screen of either natural or man-made materials.
E.
The applicant shall provide a plan for controlling traffic, loitering, accidents, noise, light, litter, dust, pollution and hours of operation.
F.
Off-street parking shall be provided according to Article XIX. The Board may allow the use of unimproved grass areas for parking on a temporary basis.
G.
All admission booths or other nonrecreation structures shall be set back not less than 50 feet from all property lines.
§ 310-213 Recycling centers.
A.
All facilities shall be staffed during hours of operation.
B.
All facilities shall be enclosed by a fence to prevent unauthorized access or dumping.
C.
Outside storage shall be screened.
D.
The applicant shall provide a plan for controlling traffic, noise, lighting and litter.
E.
Activities involving waste oil, pesticides and other hazardous materials shall be conducted in a completely enclosed structure with an impervious floor. Applicants shall furnish any and all appropriate state or federal licenses or permits.
F.
All storage facilities shall be set back not less than 100 feet from all lot lines and 200 feet from any residentially zoned area.
§ 310-214 Retail stores.
A.
Where approval as a special exception or conditional use is required, the approving body shall attach such restrictions and/or conditions as are appropriate to ensure compatibility with the zoning district and neighborhood in which the use is located.
B.
Waste holding (dumpster) areas shall be located no more than 15 feet from the principal building and shall be screened with a minimum eight-foot-high screen of either natural or man-made materials.
C.
Parking shall be located no closer than 25 feet from any commercial use and 50 feet from all other uses.
D.
The applicant shall provide a plan for the control of noise, loitering, traffic, parking and lighting.
§ 310-215 Retirement or nursing home.
A.
Minimum lot area: two acres.
B.
Pennsylvania Department of Environmental Protection-approved means of sewage disposal and water supply shall be utilized.
C.
Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands.
D.
At least 20% of required parking spaces shall be designed for handicapped persons.
§ 310-216 Riding school, horse boarding stable.
In addition to the requirements of this section, riding schools and horse boarding stables located in the Agricultural Zone shall also comply with all the requirements for § 310-174, Businesses in Agricultural Zone. In the event of conflicts between this section and the provisions of § 310-174, the more restrictive provision(s) shall apply.
§ 310-217 Schools (new and expanded).
A.
For the purposes of this section, the "school site area" is defined as "all land area encompassing existing school facilities, such as, but not limited to, buildings, parking areas, recreation areas, etc."
B.
In the Agricultural Zone, new or expanded uses shall be located to minimize the impact on productive soils and normal farming operations.
D.
Expansions of existing school uses, public or private, shall be subject to the requirements of Chapter 253, Stormwater Management, of the Code of the Township of Leacock. In addition, all site area expansions in excess of one acre shall also require the preparation of a land development plan in accordance with the Township's Subdivision and Land Development Ordinance.
§ 310-218 Single-family detached dwellings in commercial zones.
A.
Applicant shall provide a plan showing adequate parking area should the use change from residential to commercial.
B.
Minimum lot area shall be 25,000 square feet.
C.
Minimum side yard shall be 30 feet.
D.
Applicant shall be required to construct any screening associated with a commercial use adjacent to a residential use.
§ 310-219 Spent mushroom compost processing, commercial mushroom operations.
A.
Not less than 10 acres shall be provided.
B.
No materials may be stored within 500 feet of any lot line or 750 feet of any residentially zoned land.
C.
The Township may require screening up to a width of 100 feet.
D.
The perimeter of the use shall be enclosed by a fence, not less than six feet high, and shall be opaque.
E.
All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line.
F.
Access to the site shall be controlled by gates and according to a schedule when an attendant is on duty.
G.
Leachate from the spent mushroom compost shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations.
H.
The applicant shall submit a plan for controlling noise, odor, dust and traffic.
J.
A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site shall not be located within this landscape strip.
K.
Any processing or solid waste (including but not limited to incinerations, composting, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.
L.
No material shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line and 500 feet of any land within a residential zone.
M.
All grading, filling, compactions, unloading, transfer, storage, processing, incineration or deposition of material shall be completely screened from view from any point along the property line.
N.
The applicant must demonstrate compliance (through a written statement) and continue to comply with the applicable state and federal standards and regulations, and copies of all applicable permits shall be forwarded to the Township.
O.
The use shall be screened from all roads and adjoining properties.
P.
All uses shall provide lining up into the facility, such that vehicles shall not back up onto public roads.
Q.
All driveways onto the site shall be paved with a dustless surface for a distance of not less than 200 feet from the street right-of-way line. Vehicle wheel cleanout areas shall be utilized to remove mud or other materials from wheels.
R.
Access to the site shall be regulated by an attendant. The site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations and to present unauthorized access or unauthorized dumping.
S.
Hazardous waste as described by the Pennsylvania Department of Environmental Protection shall not be permitted.
T.
A plan to control dust, noise and scattered debris or litter shall be prepared.
U.
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.
§ 310-220 Storage facilities in converted structures.
All storage facilities shall comply with the following requirements, conditions and regulations:
A.
All storage shall be conducted in buildings existing as of March 1, 1988.
B.
All storage facilities shall be fully enclosed structures.
C.
No more than two persons shall be employed at the storage facility.
D.
All storage facilities shall be operated in a manner that prevents objectionable impact due to dust, odor, noise, smoke, fire hazard, glare or vibrations beyond lot lines.
§ 310-221 Swimming pools and spas for public use.
The following restrictions and regulations apply to the construction of all in-ground or aboveground permanent, nonmovable swimming pools for public or commercial use. The following provisions do not apply to portable pools or permanent pools as an accessory to a residence.
B.
All outdoor swimming pools and spas shall be subject to the following requirements:
(1)
The pool shall be adequately screened from the neighboring property by use of shrubs, trees and other appropriate screening material. The pool, and deck area if required, shall be set back from all property lines and buildings to allow access and egress from all buildings and to allow screening and buffering, but not less than five feet.
(2)
Exterior lighting shall not create glare onto adjacent properties.
(4)
The minimum lot area for a commercial pool/spa shall be three acres. Semicommercial pools/spas shall conform to the minimum lot area requirements of the principal lodging use.
(5)
Commercial pools must meet all other regulations of the appropriate zoning district, such as lighting, parking, noise control, landscape screening, etc.
C.
Indoor pools and spas that are part of a lodging establishment for the exclusive use of guests shall not be regulated except as part of the principal lodging use.
D.
No additional parking is required for semicommercial pools that are for the exclusive use of guests of the lodging establishment. If memberships are sold, however, additional parking for members shall be required.
E.
Nonpermanent or portable wading-type pools shall not be located nearer than five feet to any lot line and shall not be within any front yard.
F.
All pools and spas shall meet all applicable state regulations for their operation. Copies of such state approvals (and renewals) shall be furnished to the Township. The applicant shall provide a plan for the control of noise, loitering, traffic, parking and lighting.
§ 310-222 Taverns.
Taverns are subject to the following criteria:
A.
The subject property shall be screened from any adjoining residentially occupied or residentially zoned land.
B.
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.
C.
The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.
§ 310-223 Temporary farm employee housing.
A.
For each farm, one mobile home is permitted for the use of a farm worker and family who is employed by the owner of the farm, for such time as the employee works the land of the owner.
B.
Mobile homes shall be located within the rear yard of the farm dwelling and shall further comply with all setback requirements imposed upon single-family detached dwellings.
C.
Mobile homes shall be securely anchored to a mobile home foundation.
D.
The mobile home shall be occupied at least 30 days a year by at least one person who is employed on the farm where the mobile home is located.
E.
Upon the installation of the temporary farm employee housing, the Zoning Officer shall issue a temporary building permit. Such permit shall be reviewed every 12 months until such time as the facility is required to be removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary building permit. Such fee shall be based upon the cost of the annual review of the permit.
F.
Vacant units shall be removed within 120 days.
§ 310-224 Townhouses or apartments.
A.
The Board may require architectural renderings or other exhibits to determine the visual effects of the development.
B.
The maximum number of dwelling units within the townhouse/apartment development shall not exceed eight dwelling units per gross acre (of the total tract).
[Amended 8-2-2016 by Ord. No. 135]
C.
No more than six units may be attached in one townhouse structure.
D.
For each townhouse grouping, no two contiguous units shall have the same front yard setback; the minimum variation of setback shall be two feet. In addition, no more than two contiguous units shall have identical rooflines that generally parallel the ground along the same horizontal plane.
E.
All townhouse buildings shall be set back a minimum of 15 feet from any parking facilities contained on commonly held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse groupings are contained upon the same lot, the standards listed in the following Subsection F shall apply.
F.
In those instances where several multiple-family dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances will be provided between each building:
(1)
Front to front, rear to rear or front to rear, parallel buildings shall have at least 80 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end, if increased by similar or greater distance at the other end.
(2)
A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
(3)
A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
G.
No more than 12 units may be attached in one apartment structure.
H.
No apartment structure may exceed three stories.
I.
All waste storage facilities shall be located in fenced and/or landscaped areas.
§ 310-225 Vacation rental houses.
A.
All vacation rental house uses shall be conducted in single-family detached dwellings legally existing as of the effective date of this chapter.
B.
Permit required. The property owner shall file an application with the Zoning Officer that shall contain the address of the house, phone number of the owner, and the following information:
C.
The owner shall notify the Township in writing that the use is discontinued.
D.
Any additions, structural changes or renovations will require bringing the structure into compliance with UCC and ADA regulations.
E.
The property owner shall be the primary enforcer of these regulations.
F.
A first violation or complaint will result in a notice from the Zoning Officer. Further violations and/or complaints may cause the permit to be revoked.
§ 310-226 Vehicle fueling stations, vehicle repair, vehicle service station and vehicle washes.
A.
No vehicle fueling station, vehicle service station or vehicle wash shall be located closer than 200 feet from a school of general instruction, public recreation area or church, measured from lot line to lot line.
B.
All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.
C.
Pumps, pump islands, vacuum stations and other structures shall not be located in any required yards or setbacks, except that the Zoning Hearing Board may allow canopies to extend into a required yard. No outdoor display of products not associated with the use shall be permitted.
D.
A landscaped screening area shall be provided along all property lines, excluding the front line, adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees or fences which will create an opaque screen. Planting shall not interfere with the normal line of sight needed for safe entering and existing maneuvers by motor vehicles.
E.
All vehicles at vehicle repair facilities, except for tow trucks, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unregistered or dismantled automobiles, trucks, tractors, trailers or parts or accessories thereof be located outside of a building. No vehicles at such repair facilities may be stored on Township streets or on Township rights-of-way for any purpose. Vehicles shall not be parked outside the main structure during the hours of 9:00 p.m. to 6:00 a.m. on a lot in excess of one vehicle for every 300 square feet of business lot area. There shall be no limitation on the number of vehicles parked within a structure.
F.
There shall not be any outside storage or display of accessories when such uses are not open for business. No portable signs are allowed at any time or at any location.
G.
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the main building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage of any of the above-mentioned items outside of such enclosure.
H.
No repair work may be performed out-of-doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple maintenance functions normally performed in conjunction with the sale of gasoline.
I.
During the hours that the use is open, all vehicles owned by employees and customers and tow trucks must be parked only in areas designated on the site development plan.
J.
All landscaped areas designated on the site development plan and/or landscaping plan shall be maintained in a neat and healthy condition at all times.
K.
Adequate queuing (lining up) lanes shall be provided at vehicle washes to allow vehicles to avoid backing onto public streets, and such lanes shall not be less than 100 feet.
L.
In the event a vehicle fueling station is abandoned, the owner shall immediately secure the property. The owner shall also provide adequate protection against unlawful entry into the buildings and onto the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.
M.
Vehicle washes shall utilize public sewage facilities.
N.
The applicant shall demonstrate that any groundwater use will not significantly deplete groundwater yields at any location outside the site.
O.
Dimensional requirements.
(1)
Front yard minimum depth. The minimum building setback line from all streets shall be in compliance with the requirements of § 310-127; provided, however, that the minimum distance shall be 50 feet from the center line of the street upon which the premises front. As an exception to this regulation, in developed areas the Zoning Hearing Board may authorize the building to be placed in line with existing structure.
(2)
Minimum side yards. The minimum side yard setback shall be 20 feet.
(3)
Minimum rear yard depth. The minimum rear yard setback shall be 30 feet.
(4)
Height. The maximum height of any building shall be 40 feet.
(5)
Maximum lot coverage. No more than 60% of the lot shall be covered by buildings and paved parking areas.
P.
No land area within any of the minimum front, side and rear yard setback areas shall be paved or used for parking or storage of materials, parts or motor vehicles, except that:
(1)
The area required for ingress and egress from the premises may be paved but, in the event said means of ingress and egress extends toward the rear of the property beyond the front building line of the building, the part of the accessway which extends toward the rear of the property beyond the front building line of the building shall not be situated within either side of rear yard setback areas.
(2)
The portion of the minimum front yard area closest to the building, but not exceeding 1/2 the distance from the front building line to the center of the street upon which the building fronts, may be paved and used for the parking of motor vehicles, display of motor vehicles for sale, temporary parking for refueling and service, but no motor vehicles shall be permanently stored in said area unless the same shall have both current inspection stickers and current license plates.
Q.
No materials or parts shall be stored within any of the required front, side or rear yard setback areas, except as permitted above by Subsection P(2) of this section.
R.
The Zoning Hearing Board may require additional plantings within all setbacks as a condition of approval, the nature and extent of said plantings to be determined by the Board. In any event, the setback areas, except those which may be paved as set forth in Subsection P(2) above, shall be kept and maintained in grass, unless the Board approves another ground cover.
§ 310-227 Warehousing.
A.
Minimum lot size shall be as required in the zoning district in which the warehousing use is proposed to be located.
B.
All activities shall be set back not less than 75 feet from all property lines.
C.
Access shall be controlled by a fence and gate to prevent unauthorized access.
D.
Screening shall be provided.
F.
Lighted signs shall not cast glare towards any adjacent property.
G.
The applicant shall provide a plan for controlling noise, litter and air pollution.
H.
A traffic impact study analysis shall be provided, showing the following:
(1)
Existing traffic volume data for all roadways within 1,000 feet which provide access to the site.
(2)
Anticipated traffic volumes for the area identified in Subsection H(1) above, resulting from the proposed use as well as background traffic growth.
(3)
Analysis of current and future levels of service for all intersections identified in Subsection H(1) above.
(4)
Physical analysis of all roadways identified in Subsection H(1) above, including cartway width, shoulder width, pavement condition, horizontal and vertical curves, anticipated stormwater drainage characteristics, and sight distances.
(5)
The traffic analysis shall be reviewed by the Township Engineer.
(6)
The applicant shall submit a transportation study, detailing the effect of the quarry on local roadways, including effect of vehicle weight, congestion and noise.
(7)
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads.
§ 310-228 Community rehabilitation facility/halfway house.
A.
The applicant shall indicate the nature of the clients to be served and the type of treatment/care to be provided, including whether or not any counseling or other services will be provided for nonresidents.
B.
The applicant shall provide evidence that the facility is sponsored and operated by an agency licensed, registered or certified by an applicable county, state or federal program. The facility shall notify the Township in writing within 14 days if there is a change in the type of clients, the sponsoring agency or maximum number of residents or if the license/registration/certification expires, is suspended or withdrawn.
C.
If the facility is a temporary residence for the clients, the maximum number of clients shall be indicated at the time of application, and that number, not including employees, shall not exceed the minimum space requirements contained in the Uniform Construction Code, as adopted by Leacock Township.
D.
The facility shall have twenty-four-hour on-site supervision by professionals trained to supervise the types of clients to be served by the facility.
E.
If a facility will house persons presenting a potential physical threat to the safety of nonresidents, the facility operator shall provide evidence that sufficient staffing and other security measures will be provided.
F.
The facility shall be located a minimum of 1,000 linear feet from any other such existing/approved facility.
§ 310-229 Home improvement and building supply stores.
A.
The subject tract shall front on and gain access from either an arterial, major collector or minor collector road as identified in this chapter or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.
B.
All outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties.
§ 310-230 More than one new dwelling unit when in combination with business use.
§ 310-231 Nursery and garden centers.
A.
All area and bulk requirements of the relevant zoning district shall apply with the following exceptions:
(1)
The minimum lot area (principal and accessory uses) shall be two acres.
(2)
The building setback shall be at least 50 feet from any lot or street line.
(3)
No accessory building utilized in connection with the nursery and garden center may be located in any required side or rear yard.
(4)
No accessory building shall project nearer to the street on which the principal building fronts than such principal building.
B.
All structures and parking and loading facilities shall be screened from residentially zoned properties.
C.
All outdoor display areas shall be set back at least 25 feet from the street right-of-way line.
D.
Off-street parking spaces shall be provided on said lot for each distinct use located on it, in accordance with Article XIX.
E.
No parking area shall be located within the required front, side or rear yards.
F.
The nursery and garden center shall be easily accessible from a collector or arterial street or highway with safe ingress and egress for vehicular traffic.
G.
Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots.
§ 310-232 Parking lots as principal uses.
§ 310-233 Restaurants.
A.
The subject tract shall front on and gain access from either an arterial, major collector or minor collector road as identified in this chapter or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.
B.
No part of any structure on the subject property shall be located within 200 feet of any residentially zoned land or land in existing residential use.
C.
All lighting within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties.
D.
The applicant shall furnish evidence identifying how the use will be controlled and will not constitute a nuisance due to noise, light or loitering outside the building.
E.
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
§ 310-234 Self-service laundromats.
A.
The subject tract shall front on and gain access from either an arterial, major collector or minor collector road as identified in the Comprehensive Plan or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.
B.
Centralized sewer and water shall be utilized.
C.
All activities shall be within completely enclosed buildings.
D.
All windows and doors on walls facing adjoining residential properties shall be kept closed during hours of operation and occupancy.
E.
Exhaust and ventilation equipment shall discharge away from any adjoining residential properties.
§ 310-235 Shops for contractors and craftsmen.
§ 310-236 Methane digester systems.
B.
Regional methane digester systems are permitted by conditional use in the Agricultural District, subject to the following:
(1)
Minimum lot area: 40 acres.
(2)
A traffic impact study analysis shall be provided, showing the following:
(a)
Existing traffic volume data for all roadways within 1,000 feet which provide access to the site;
(b)
Anticipated traffic volumes for the area identified in Subsection B(2)(a) above, resulting from the proposed use as well as background traffic growth;
(c)
Analysis of current and future levels of service for all intersections identified in Subsection B(2)(a) above;
(d)
Physical analysis of all roadways identified in Subsection B(2)(a) above, including cartway width, shoulder width, pavement condition, horizontal and vertical curves, anticipated stormwater drainage characteristics, and sight distances;
(e)
The traffic analysis shall be reviewed by the Township Engineer.
(f)
The applicant shall submit a transportation study, detailing the effect of the methane digester system on local roadways, including effect of vehicle weight, congestion and noise.
(g)
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting to be loaded/unloaded will not back up onto public roads.
(4)
The Board of Supervisors can attach conditions which it feels are necessary to protect nearby properties, the intent of this chapter and/or the general public welfare.
C.
General requirements for all methane digester systems.
(1)
The applicant shall address and document performance standards for siting to minimize impacts on neighboring properties, which shall include considerations of odor, prevailing wind patterns, proximity to nonagricultural properties, operational noise, and specific hours of operation.
(2)
Methane digester systems shall be designed and constructed 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.
(3)
Methane digester systems shall be designed and constructed in compliance with all applicable local, state and federal codes and regulations. Evidence of all federal and state regulatory agencies' approvals shall be included with the application.
(4)
A certified professional, qualified to do such, shall furnish and explain all details of construction, operation, maintenance and necessary controls related to the methane digester system.
(5)
The applicant shall provide either: a) a letter from the Lancaster County Conservation District stating that the applicant's methane digester system 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 b) 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 c) submit evidence that such a letter has been requested and the Lancaster County Conservation District has failed to respond.
(6)
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 related to the methane digester system 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]
§ 310-236.1 Family support and care center.
[Added 7-7-2020 by Ord. No. 145]
A.
The subject tract shall front on and gain access from either an arterial road, major collector road or minor collector road as identified in the Comprehensive Plan.
B.
Public water and public sewer shall be utilized.
C.
All outdoor storage areas and dumpsters shall be screened from adjoining roads and residentially zoned properties.
D.
The maximum height for buildings shall be 50 feet.
E.
The minimum lot area shall be two acres.
F.
The front, side and rear yards as well as the maximum building coverage and lot coverage shall comply with the requirements of the underlying zone.
G.
Full-time on-site supervision shall be provided at all times.
H.
The entity responsible for administration of the family support and care center shall comply with all requirements or standards of the appropriate federal and state licensing agencies, if applicable.
I.
If overnight accommodations are offered, the facility shall also comply with the requirements of § 310-184, Family group homes for developmentally disabled persons.
J.
Accessory uses and support services are permitted, including, but not limited to, offices, food services, classrooms, auditoriums, conference rooms and similar support services and uses.
§ 310-236.2 Medical clinic and research facility with laboratory services.
[Added 7-7-2020 by Ord. No. 145]
A.
The subject tract shall front on and gain access from either an arterial road, major collector road or minor collector road as identified in the Comprehensive Plan.
B.
Public water and public sewer shall be utilized.
C.
All outdoor storage areas and dumpsters shall be screened from adjoining roads and residentially zoned properties.
D.
The maximum height for buildings shall be 50 feet.
E.
The minimum lot area shall be four acres.
F.
The front, side and rear yards as well as the maximum building coverage and lot coverage shall comply with the requirements of the underlying zone.
G.
The keeping of animals on the property for research purposes is permitted if adequate pasture areas are provided and best management practices and applicable state and federal guidelines are followed.
H.
Accessory uses and support services are permitted, including, but not limited to, offices, pharmacy services, incidental retail sales, food services, classrooms, auditoriums, conference rooms and similar support services and uses.