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Liberty Township Adams County
City Zoning Code

ARTICLE II

Zoning Regulations

§ 350-201 Conservation (C) District.

[Amended 10-3-2006 by Ord. No. 2006-03]
A. 
Purpose.
(1) 
Provide reasonable residential development opportunities within areas of Liberty Township that are characterized by wooded landscapes and the somewhat rugged topography of the western portion of the Township.
(2) 
Encourage residential development designs that protect environmentally sensitive areas (including but not limited to forested areas, steep slopes, stream and creek valleys, and floodplains) scenic views, historic resources, and important natural areas.
(3) 
Encourage residential development designs that provide appropriate opportunities for the provision of active and passive recreation areas within residential developments.
(4) 
Encourage the conservation of open space within residential development that connects to open space adjoining properties and/or residential developments to form a community-wide open space and greenway network.
(5) 
Implement the conservation by design residential development technique in the western portion of Liberty Township.
B. 
Development options. All subdivision or development of property shall be designed in accordance with one of the following development options. Any subdivision or land development plan submitted for property within the C District shall identify the development option used in designing the project.
(1) 
Option 1: Basic density and conservation. This option requires that a minimum of 70% of the parcel to be developed remain in open space. Remaining lands may be developed for residential and nonresidential uses authorized in this district.
(2) 
Option 2: Enhanced density with greater conservation. This option requires a minimum of 80% of the parcel to be developed remain in open space. Remaining lands may be developed for residential and nonresidential uses authorized in this district.
(3) 
Option 3: Estate lots. This option authorizes the development of estates lots.
(4) 
Option 4: Combined design. This option authorizes subdivision and land development submissions involving two or more of the above options. When choosing this option, the developer shall delineate the portion of the parcel to be developed in accordance with the specific option. Where a portion of such parcel is proposed to be developed using one of the above options, the requirements of the chosen option shall be applied to that portion of the property as if that portion of the property was the entire property proposed for development.
C. 
Permitted uses. Land within the C District may be used in accordance with the following table of permitted uses.
(1) 
Uses.
[Amended 5-4-2016 by Ord. No. 2016-01; 4-7-2020 by Ord. No. 01-2020]
Conservation (C) District Use Table
Use No.
Use Description
Use Regulations
Permitted Uses in the Designated Conservation Areas
1
Agricultural operation and farm buildings, including accessory uses roadside stands (§ 350-445), manure storage facilities (§ 350-301H), accessory apartments (§ 350-401), and no-impact home-based business (§ 350-435)
§ 350-406
2
Forestry, excluding permanent sawmills
§ 350-301G
3
Public/nonprofit park
§ 350-439
4
Public/nonprofit nature preserves
§ 350-439
5
Accessory uses customarily incidental to conservation area permitted uses and including accessory solar photovoltaic systems
§ 350-301
6
Wind energy conversion system (nonpublic)
§ 350-455
Special Exception Uses in the Designated Conservation Areas
7
Communication tower/antennas
§ 350-418
8
Outdoor shooting range
§ 350-438
Conditional Uses in the Designated Conservation Areas
9
Home business associated with farm residence
§ 350-427
Permitted Uses in the Designated Development Areas
10
Bed-and-breakfasts
§ 350-409
11
Single-family detached dwellings
12
Accessory uses customarily incidental to development area permitted uses and including accessory apartments (see § 350-401), no-impact home-based businesses (see § 350-435), and accessory solar photovoltaic systems
§ 350-301
13
Wind energy conversion system (nonpublic)
§ 350-455
Special Exception Uses in the Designated Development Areas
14
Clubhouses for private clubs
§ 350-415
15
Riding stables
§ 350-444
16
Communication tower/antennas
§ 350-418
17
Age-restricted residential development
§ 350-451
Conditional Uses in the Designated Development Areas
18
Churches and places of worship
§ 350-414
19
Conversion apartment
§ 350-419
20
Quarries
§ 350-440
21
Home business
§ 350-427
(2) 
Additional requirements. The permitted, special exception and conditional uses shall be in accordance with the following standards.
(a) 
Permitted, special exception and conditional uses shall meet the requirements of Article IV, Specific Criteria, and Article VI, Administration and Enforcement.
(b) 
No more than one principal use shall occupy a lot in the development area. The following standards shall apply to developments where both residential and nonresidential lots are located in the development area.
[1] 
No more than 20% of the development area of the development shall be devoted to lots with residential uses.
[2] 
The maximum permitted residential dwelling units shall be reduced by two units for each nonresidential use.
[3] 
Nonresidential development shall meet all buffering requirements in § 350-312 of this chapter.
(c) 
More than one principal use shall be allowed in the conservation area.
D. 
Open space and development density requirements. All development within the C District shall be in accordance with the following minimum open space and maximum density requirements. Minimum open space and maximum development density for individual development projects using Options 1, 2 or 4 shall be calculated by applying the following open space and development density requirements in accordance with the conservation subdivision design process identified in § 350-315 of this chapter. Maximum development density for individual development. Projects using Option 3 shall be calculated by applying the following density standard to the entire parcel on which the development is proposed.
(1) 
Minimum open space. The minimum open space shall be as follows:
(a) 
Option 1: 70%.
(b) 
Option 2: 80%.
(c) 
Option 3: Open space within estate lots shall be governed by the building envelope and impervious coverage requirements of § 350-201E(2).
(d) 
Option 4: Varies, depending on the combination of development options chosen by the developer.
(2) 
Development density. The maximum development density shall be as follows:
(a) 
Option 1: One unit per two acres.
(b) 
Option 2: One unit per 1.5 acres.
(c) 
Option 3: One unit per 10 acres.
(d) 
Option 4: Varies, depending on the combination of development options chosen by the developer.
E. 
Dimensional standards. All development within the C District shall comply with the following dimensional standards:
(1) 
Options 1 and 2:
(a) 
Lot size. None, unless the Township Sewage Enforcement Officer determines that a lot of specific minimum size must be applied to ensure proper septic system function and replacement. The septic system may be located within the required conservation area if held as common open space within the development. If such a design is proposed, a permanent easement surrounding the septic area within the conservation area shall be created to ensure access to the septic system site for operation and maintenance purposes.
(b) 
Minimum setbacks.
[1] 
Minimum front yard setbacks.
[a] 
Structures within the conservation area: 50 feet.
[b] 
Structures within the development area: 25 feet.
[2] 
Minimum side yard setbacks.
[a] 
Structures within the conservation area: 30 feet.
[b] 
Structures within the development area.
[i] 
Residential: five feet.
[ii] 
Nonresidential: 10 feet.
[3] 
Minimum rear yard setbacks.
[a] 
Structures within the conservation area: 30 feet.
[b] 
Structures within the development area: 15 feet.
(c) 
Maximum impervious coverage.
[1] 
Lots or uses within development area: 30%.
[2] 
Uses within conservation area: 10%.
(d) 
Buffers and screening. Buffer and screen planting areas and bufferyards shall be provided in accordance with the requirements contained in § 350-312, Buffer, screening and landscaping requirements. All grazing and pasture area shall be fenced to prevent livestock from roaming.
(e) 
Building height limit.
[1] 
Residential: 35 feet.
[2] 
Church or similar place of worship: 45 feet for the principal building.
[3] 
Nonresidential structures: 35 feet.
[4] 
Other structures shall comply with the provisions of § 350-304 of this chapter.
(2) 
Option 3:
(a) 
Minimum street frontage: 125 feet.
(b) 
Minimum lot size: 10 acres.
(c) 
Minimum setbacks:
[1] 
Front yard: 100 feet.
[2] 
Side yard: 30 feet.
[3] 
Rear yard: 30 feet.
(d) 
Building envelope:
[Amended 6-3-2008 by Ord. No. 2008-01]
[1] 
The building envelope shall be a maximum of 10,000 square feet.
[2] 
The building envelope for each lot shall be delineated on an attached document when the application for a land use permit is filed with the Zoning Officer; or
[3] 
The Township may request the building envelope for each lot to be delineated on the subdivision plan at the time of submission. The following note must be on the subdivision plan if the Township requires the building envelope to be shown:
"The building envelope(s) shown are to ensure that each lot has sufficient space for the required building envelope. The location of the building envelope may be altered at the time of submission for a land use permit."
(e) 
Maximum impervious coverage: 5%.
(3) 
The following setbacks will be followed for individual lots that are not dimensionally conforming to this chapter but were existing at the time this chapter was adopted by the Township.
[Added 6-3-2008 by Ord. No. 2008-01; amended 12-4-2018 by Ord. No. 2018-01]
(a) 
Front yard: 25 feet.
(b) 
Side yard: 10 feet.
(c) 
Rear yard: 15 feet.
(4) 
The following setbacks shall apply to lots that are not located in the development or conservation areas, and for any other lots that do not have applicable setbacks in the Conservation District:
[Added 12-4-2018 by Ord. No. 2018-01]
(a) 
Front yard: 25 feet.
(b) 
Side yard: 10 feet.
(c) 
Rear yard: 15 feet.
(5) 
Dimensional standards for any use that § 350-202C(1) authorizes to be established over an entire property shall be those established for the specific use.
[Added 4-7-2020 by Ord. No. 01-2020]
F. 
Conservation area standards. For developments proposed in accordance with Options 1 or 2 herein, the following standards shall apply to conserved open space (conservation lands).
(1) 
Open space (conservation lands) shall be organized and designed in accordance with the provisions of §§ 350-315 and 350-316 of this chapter.
(2) 
Open space (conservation lands) shall be permanently protected through a conservation easement in accordance with the provisions of § 350-317 of this chapter.
(3) 
Open space (conservation lands) and common facilities shall be owned and maintained in accordance with the provisions of § 350-318 of this chapter.
G. 
Sign requirements. Signs shall be permitted in accordance with Article III of this chapter.
H. 
Off-street parking requirements. Off-street parking and access requirements shall be provided in accordance with Article III of this chapter.
I. 
Agricultural nuisance disclaimer. All subdivision plans submitted within the Conservation (C) District shall include the following disclaimer:
"Lands within the Conservation (C) District are located in an area of Liberty Township where land is used for agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982 (the 'Right to Farm Law') may bar them from obtaining a legal judgment against such normal agricultural operations."

§ 350-202 Agricultural Rural (AR) District.

[Amended 10-3-2006 by Ord. No. 2006-03]
A. 
Purpose.
(1) 
Provide reasonable residential development opportunities within areas of Liberty Township that are characterized by open landscapes and scenic valleys within the eastern portion of the Township.
(2) 
Encourage residential development designs that protect environmentally sensitive areas (including but not limited to forested areas, steep slopes, stream and creek valleys, and floodplains), scenic views, historic resources, and important natural areas.
(3) 
Encourage, to the degree possible, the retention of agricultural lands and uses within eastern Liberty Township and to reduce, to the degree possible, the degree of conflict between agricultural and nonagricultural uses.
(4) 
Encourage residential development designs that provide appropriate opportunities for the provision of active and passive recreation areas within residential developments.
(5) 
Encourage the conservation of open space within residential development that connects to open space on adjoining properties and/or residential developments to form a community-wide open space and greenway network.
(6) 
Implement the conservation by design residential development technique in the eastern portion of Liberty Township.
B. 
Development options. All subdivision or development of property shall be designed in accordance with one of the following development options. Any subdivision or land development plan submitted for property within the AR District shall identify the development option used in designing the project.
(1) 
Option 1: Basic density and conservation. This option requires that a minimum of 60% of the parcel to be developed remain in open space. Remaining lands may be developed for residential and nonresidential uses authorized in this district.
(2) 
Option 2: Enhanced density with greater conservation. This option requires a minimum of 70% of the parcel to be developed remain in open space. Remaining lands may be developed for residential and nonresidential uses authorized in this district.
(3) 
Option 3: Estate lots. This option authorizes the development of estates lots.
(4) 
Option 4: Combined design. This option authorizes subdivision and land development submissions involving two or more of the above options. When choosing this option, the developer shall delineate the portion of the parcel to be developed in accordance with the specific option. Where a portion of such parcel is proposed to be developed using one of the above options, the requirements of the chosen option shall be applied to that portion of the property as if that portion of the property was the entire property proposed for development.
C. 
Permitted uses. Land within the AR District may be used in accordance with the following table of permitted uses.
(1) 
Uses.
[Amended 5-4-2016 by Ord. No. 2016-01; 4-7-2020 by Ord. No. 01-2020]
Agricultural Rural (AR) District Uses
Use No.
Use Description
Use Regulations
Permitted Uses in the Designated Conservation Areas
1
Agricultural operation and farm buildings, including accessory uses roadside stands (§ 350-445), manure storage facilities (§ 350-301H), accessory apartments (§ 350-401), and no-impact home-based business (§ 350-435)
§ 350-406
2
Farm occupations
§ 350-422
3
Forestry, excluding permanent sawmills
§ 350-301G
4
Nature preserves
§ 350-439
5
Temporary farm employee housing
§ 350-448
6
Accessory uses customarily incidental to conservation area permitted uses and including accessory solar photovoltaic systems
§ 350-301
Special Exception Uses in the Designated Conservation Areas
7
Agribusiness, only on existing farms as of the effective date of this chapter
§ 350-406
8
Golf course
§ 350-425
9
Public/nonprofit park
§ 350-439
10
Communication tower/antennas
§ 350-418
11
Wind energy conversion system (nonpublic)
§ 350-455
Conditional Uses in the Designated Conservation Areas
12
Home business associated with farm residence
§ 350-427
13
Outdoor shooting range
§ 350-438
Permitted Uses in the Designated Development Areas
14
Bed-and-breakfasts
§ 350-409
15
Churches and places of worship
§ 350-414
16
Family day-care facilities
§ 350-421
17
Retail and wholesale nursery/garden stock
§ 350-443
18
Riding stables
§ 350-444
19
Single-family detached dwellings
20
Accessory uses customarily incidental to development area permitted uses and including accessory apartments (see § 350-401), no-impact home-based businesses (see § 350-435), and accessory solar photovoltaic systems
§ 350-301
21
Wind energy conversion system (nonpublic)
§ 350-455
Special Exception Uses in the Designated Development Areas
22
Animal hospital, veterinary office and kennels
§ 350-405
23
Clubhouses for private clubs
§ 350-415
24
Nursing, rest or retirement homes
§ 350-437
25
Private/nonprofit schools
§ 350-446
26
Public uses
§ 350-439
27
Communication tower/antennas
§ 350-418
28
Age-restricted residential development
§ 350-451
Conditional Uses in the Designated Development Areas
29
Airports/heliports
§ 350-403
30
Conversion apartment
§ 350-419
31
Farm-related businesses
§ 350-423
32
Home business
§ 350-427
33
Principal solar photovoltaic system
§ 350-457
(2) 
Additional requirements. The permitted, special exception and conditional uses shall be in accordance with the following standards.
(a) 
Permitted, special exception and conditional uses shall meet the requirements of Article IV, Specific Criteria, and Article VI, Administration and Enforcement.
(b) 
No more than one principal use shall occupy a lot in the development area. The following standards shall apply to developments where both residential and nonresidential lots located in the development area.
[1] 
No more than 20% of the development area of the development shall be devoted to lots with residential uses.
[2] 
The maximum permitted residential dwelling units shall be reduced by two units for each nonresidential use.
[3] 
Nonresidential development shall meet all buffering requirements in § 350-312 of this chapter.
(c) 
More than one principal use shall be allowed in the conservation area.
D. 
Open space and development density requirements. All development within the AR District, except for uses that § 350-202C(1) authorized to be established over an entire property, shall be in accordance with the following minimum open space and maximum density requirements. Minimum open space and maximum development density for individual development projects using Options 1, 2 or 4 shall be calculated by applying the following open space and development density requirements in accordance with the conservation subdivision design process identified in § 350-315 of this chapter. Maximum development density for individual development projects using Option 3 shall be calculated by applying the following density standard to the entire parcel on which the development is proposed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I); 4-7-2020 by Ord. No. 01-2020]
(1) 
Minimum open space. The minimum open space shall be as follows:
(a) 
Option 1: 70%.
(b) 
Option 2: 80%.
(c) 
Option 3: Open space within estate lots shall be governed by the building envelope and impervious coverage requirements of § 350-202E(2).
(d) 
Option 4: Varies, depending on the combination of development options chosen by the developer.
(2) 
Development density. The maximum development density shall be as follows:
(a) 
Option 1: One unit per two acres.
(b) 
Option 2: One unit per one and 1.5 acres.
(c) 
Option 3: One unit per 10 acres.
(d) 
Option 4: Varies, depending on the combination of development options chosen by the developer.
E. 
Dimensional standards. All development within the AR District shall comply with the following dimensional standards:
(1) 
Options 1 and 2:
(a) 
Lot size. None, unless the Township Sewage Enforcement Officer determines that a lot of specific minimum size must be applied to ensure proper septic system function and replacement. The septic system may be located within the required conservation area if held as common open space within the development. If such a design is proposed, a permanent easement surrounding the septic area within the conservation area shall be created to ensure access to the septic system site for operation and maintenance purposes.
(b) 
Minimum setbacks.
[1] 
Minimum front yard setbacks.
[a] 
Structures within the conservation area: 50 feet.
[b] 
Structures within the development area: 25 feet.
[2] 
Minimum side yard setbacks.
[a] 
Structures within the conservation area: 30 feet.
[b] 
Structures within the development area:
[i] 
Residential: five feet.
[ii] 
Nonresidential: 10 feet.
[3] 
Minimum rear yard setbacks.
[a] 
Structures within the conservation area: 30 feet.
[b] 
Structures within the development area: 15 feet.
(c) 
Maximum impervious coverage.
[1] 
Lots or uses within development area: 30%.
[2] 
Uses within conservation area: 10%.
(d) 
Buffers and screening. Buffer and screen planting areas and bufferyards shall be provided in accordance with the requirements contained in § 350-312, Buffer, screening and landscaping requirements. All grazing and pasture area shall be fenced to prevent livestock from roaming.
(e) 
Building height limit:
[1] 
Residential: 35 feet.
[2] 
Church or similar place of worship: 45 feet for the principal building.
[3] 
Nonresidential structures: 35 feet.
[4] 
Other structures shall comply with the provisions of § 350-304 of this chapter.
(2) 
Option 3:
(a) 
Minimum street frontage: 125 feet.
(b) 
Minimum lot size: five acres.
(c) 
Minimum setbacks:
[1] 
Front yard: 50 feet.
[2] 
Side yard: 30 feet.
[3] 
Rear yard: 30 feet.
(d) 
Building envelope.
[Amended 6-3-2008 by Ord. No. 2008-01]
[1] 
The building envelope shall be a maximum of 10,000 square feet.
[2] 
The building envelope for each lot shall be delineated on an attached document when the application for a land use permit is filed with the Zoning Officer; or
[3] 
The Township may request the building envelope for each lot to be delineated on the subdivision plan at the time of submission. The following note must be on the subdivision plan if the Township requires the building envelope to be shown:
"The building envelope(s) shown are to ensure that each lot has sufficient space for the required building envelope. The location of the building envelope may be altered at the time of submission for a land use permit."
[4] 
The building envelope for each lot shall be delineated on the subdivision plan at the time of submission.
[5] 
The building envelope shall be a maximum of 10,000 square feet.
(e) 
Maximum impervious coverage: 10% for estate lots between five and 10 acres and 5% for estate lots larger than 10 acres.
(3) 
The following setbacks will be followed for individual lots that are not dimensionally conforming to this chapter but were existing at the time this chapter was adopted by the Township.
[Added 6-3-2008 by Ord. No. 2008-01; amended 12-4-2018 by Ord. No. 2018-01]
(a) 
Front yard: 25 feet.
(b) 
Side yard: 10 feet.
(c) 
Rear yard: 15 feet.
(4) 
The following setbacks shall apply to lots that are not located in the development or conservation areas, and for any other lots that do not have applicable setbacks in the Agricultural Rural District:
[Added 12-4-2018 by Ord. No. 2018-01]
(a) 
Front yard: 25 feet.
(b) 
Side yard: 10 feet.
(c) 
Rear yard: 15 feet.
F. 
Conservation area standards. For developments proposed in accordance with Options 1 or 2 herein, the following standards shall apply to conserved open space (conservation lands).
(1) 
Open space (conservation lands) shall be organized and designed in accordance with the provisions of §§ 350-315 and 350-316 of this chapter.
(2) 
Open space (conservation lands) shall be permanently protected through a conservation easement in accordance with the provisions of § 350-317.
(3) 
Open space (conservation lands) and common facilities shall be owned and maintained in accordance with the provisions of § 350-318 of this chapter.
G. 
Sign requirements. Signs shall be permitted in accordance with Article III of this chapter.
H. 
Off-street parking requirements. Off-street parking and access requirements shall be provided in accordance with Article III of this chapter.
I. 
Agricultural nuisance disclaimer. All subdivision plans submitted within the Agricultural Rural (AR) District shall include the following disclaimer:
"Lands within the Agricultural Rural (AR) District are located in an area of Liberty Township where land is used for agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982 (the 'Right to Farm Law') may bar them from obtaining a legal judgment against such normal agricultural operations."

§ 350-203 Lot additions for Conservation (C) and Agricultural Rural (AR) Zones.

[Added 5-4-2016 by Ord. No. 2016-01]
A. 
Purpose. The purpose of this section is to allow a lot addition subdivision in the Conservation (C) or Agricultural Rural (AR) Zoning Districts to occur without requiring either landowner to declare a development option or be required to provide the minimum conservation (open space) area.
B. 
Lot requirements. The lot requirements (setbacks, street frontage, etc.) shown on the plan for this type of subdivision will utilize the regulations set forth as development Option 1 for either Conservation (C) or Agricultural Rural (AR) Zoning Districts.
C. 
Future development. Any future development will need to conform to all the conservation regulations as set forth in this chapter.

§ 350-204 Residential (R) Zone.

A. 
Purpose.
(1) 
The purpose of this zone is to accommodate residential development growth within the Township. All development shall have minimum intrusion on features of natural environment that includes woodlands, streams and stream valleys, floodplains, wetlands and steep slopes and the use of agriculture resources for purposes other than agricultural; allow flexibility in design that maintains the rural character of Liberty Township; and implement the goals and objectives of the Township Comprehensive Plan.
(2) 
Uses designated as special exception are granted by the Liberty Township Zoning Hearing Board and uses designated as conditional are granted by the Liberty Township Board of Supervisors.
B. 
Permitted uses.
(1) 
Agricultural operations, including the growing of crops and the pasturing of animals, excluding agribusiness.
(2) 
Bed-and-breakfast (see § 350-409).
(3) 
Churches and places of worship (see § 350-414).
(4) 
Duplex dwellings.
(5) 
Family day-care facilities.
(6) 
Forestry, excluding permanent sawmills.
(7) 
Multiple-family dwellings.
(8) 
Single-family detached dwellings.
(9) 
Townhouses (see § 350-454).
[Amended 5-4-2016 by Ord. No. 2016-01]
(10) 
Accessory uses customarily incidental to permitted uses and including accessory apartments (see § 350-401), no-impact home-based businesses (see § 350-435), and accessory solar photovoltaic systems (see § 350-301I).
[Amended 4-7-2020 by Ord. No. 01-2020]
C. 
Special exception uses. (Subject to the review procedures listed in § 350-602E of this chapter.)
(1) 
Clubhouse for private club (see § 350-415).[1]
[1]
Editor's Note: Original Subsection b, Home Business, which immediately followed this subsection, was repealed 10-3-2006 by Ord. No. 2006-03.
(2) 
Kennel (see § 350-432).
(3) 
Public and/or nonprofit parks.
D. 
Conditional uses. (Subject to the review procedures listed in § 350-603 of this chapter.)
(1) 
Conversion apartments (see § 350-419).
(2) 
Home business (see § 350-427).
[Added 10-3-2006 by Ord. No. 2006-03]
(3) 
General store (see § 350-453).
[Added 5-4-2016 by Ord. No. 2016-01]
E. 
Lot and area requirements.
(1) 
Residential uses shall meet the tract area, lot area and width, and impervious coverage requirements in accordance with the following table.
(2) 
Lot area and width requirements for nonresidential uses. All nonresidential uses shall be developed in accordance with the minimum tract area and lot width and maximum impervious coverage standards for the multiple-family residential units as shown on the R Residential Lot Area Requirements, unless otherwise required in Article IV, Specific Criteria.
R Residential Lot Area Requirements
Single-Family Detached Dwelling Units and Other Residential Dwelling Unitsi/ii
Duplex Dwellings
Townhousesiii
Multifamily Unitsiv
Lot requirements by public utility service
Both public water and sewer
Public sewer, but no public water
No public sewer, with or without public water
Both public water and sewer required
Both public water and sewer required
Both public water and sewer required
Minimum parent lot area (square feet)
N/A
N/A
N/A
N/A
43,560
43,560
Minimum lot area (square feet.)
10,000
20,000
43,560
4,250
2,200
2,000
Minimum lot width at the building setback line (feet)
80
90
100
30
22 feet interior units, 32 feet exterior units
100
Maximum Impervious Coverage
20%
20%
20%
45%
50%
55%
NOTES:
i
Conversion apartments.
ii
Where no public sewer exists, the Township Sewage Enforcement Officer must analyze the results of the soil percolation tests and on the basis of the analysis, the minimum lot area and width shall be increased to accommodate an approvable on-lot sewage system and replacement area. The approved lot size and width shall be the minimum lot area and width.
iii
Limited to a maximum of eight dwelling units per row of townhouses.
iv
Interior yards and/or building spacing for tracts or lots with more than one building shall be provided in accordance with § 350-437C(6).
F. 
Minimum setback requirements.
(1) 
Principal structures.
(a) 
Front yard setback. In accordance with the street classification system in the Liberty Township Comprehensive Plan, the principal structure shall be set back:
[1] 
Arterial and collector roadways: 50 feet.
[2] 
Minor roadway: 35 feet.
[3] 
Cul-de-sac streets: 35 feet.
(b) 
Side yard setbacks: 15 feet.
(c) 
Rear yard setback: 35 feet.
(2) 
Accessory structures.
(a) 
Front yard setback. No accessory use (except permitted signs) shall be located within the required front yard.
(b) 
Side yard setbacks: 10 feet on each side.
(c) 
Rear yard setback: 10 feet.
G. 
Maximum permitted height.
(1) 
Principal structures: 25 feet.
(2) 
Accessory structures: 20 feet.
(3) 
Agricultural structures: 50 feet, provided all structures are set back a distance at least equal to their height from all property lines except where further limited by § 350-209, Airport Safety Overlay (ASO) Zone.
H. 
General regulations. In addition to the district regulations, Article III of this chapter contains additional provisions, which apply to all uses in the Township.
I. 
Sign requirements. Signs shall be permitted in accordance with Article III of this chapter.
J. 
Off-street parking requirements. Off-street parking and access requirements shall be provided in accordance with Article III of this chapter.
K. 
Agricultural nuisance disclaimer. "Some of the lands within this zone are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982 (the 'Right to Farm Law' may bar them from obtaining a legal judgment against such normal agricultural operations."

§ 350-205 Residential Office Commercial (ROC) Zone.

A. 
Purpose. The primary purpose of the ROC District is to promote a compatible range of residential, office and neighborhood commercial activities that will contribute to the well-being of the Township by diversifying its economy and providing valuable employment opportunities. Lot sizes, specific setbacks and landscape requirements are imposed upon business sites and outdoor storage areas to protect adjoining properties to provide an attractive site appearance. All development shall minimize intrusion on the features of the natural environment including woodlands, wetlands and steep slopes, preserving scenic views and vistas while allowing flexibility in design.
B. 
Permitted uses. The following residential and nonresidential uses shall be permitted in the ROC District; however, all properties used for nonresidential purposes shall have direct access to either a Liberty Township or state-owned roadway.
(1) 
Banks and similar financial institutions.
(2) 
Bed-and-breakfast (see § 350-409).
(3) 
Boardinghouses (see § 350-410).
(4) 
Business and professional offices.
(5) 
Cemeteries (see § 350-452).
[Amended 5-4-2016 by Ord. No. 2016-01]
(6) 
Churches and places of worship (see § 350-414).
(7) 
Commercial day-care facilities and older adult daily living centers (see § 350-416).
(8) 
Commercial recreation facilities (see § 350-417).
(9) 
Conversion apartments (see § 350-419).
(10) 
Family day-care facilities (see § 350-421).
(11) 
Health and fitness clubs (see § 350-426).
(12) 
Laundries and laundromats (see § 350-420).
(13) 
Medical and dental clinics.
(14) 
Nursing, rest or retirement homes (see § 350-437).
(15) 
Personal and household goods repair and maintenance services.
(16) 
Personal service establishments.
(17) 
Restaurants (excluding drive-through and fast food) (see § 350-442).
(18) 
Retail sale and/or rental of goods (including convenience stores), provided the total sales and/or display area is less than 3,600 square feet.
(19) 
Riding stables (see § 350-444).
(20) 
Single-family detached dwellings.
(21) 
Single-family semidetached dwellings (duplex).
(22) 
Veterinarian offices, provided no outdoor keeping of animals is permitted (see § 350-405).
(23) 
Forestry (see § 350-301G).
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(24) 
Buildings that contain a combination of above-permitted residential and commercial uses, provided that no more than three nonresidential uses shall be permitted per building and/or lot.
(25) 
Accessory uses customarily incidental to permitted uses and including accessory apartments (see § 350-401), no-impact home-based businesses (see § 350-435), and accessory solar photovoltaic systems (see § 350-301I).
[Amended 4-7-2020 by Ord. No. 01-2020]
C. 
Special exception uses. (Subject to the procedures presented in Article VI of this chapter.)
(1) 
Communication and cell towers and antennas (see § 350-418).
(2) 
Clubhouses for private clubs (see § 350-415).
(3) 
Hospitals (see § 350-429).
(4) 
Mobile home park (see § 350-434).
(5) 
Public use and public utility structures (see § 350-439).
(6) 
Schools (see § 350-446).
(7) 
Banquet hall (see § 350-456).
[Added 5-4-2016 by Ord. No. 2016-01]
D. 
Design standards for residential uses. See table below.
(1) 
Maximum residential density: 2.0 units/acre.
(2) 
Minimum area requirements per dwelling unit shall be in accordance with the tables below unless otherwise regulated in Article IV. When on-lot wastewater facilities are to be utilized, the minimum lot size shall be increased as required by the Township Sewage Enforcement Officer and in compliance with the Department of Environmental Protection factors relating to health and sanitation.
Lots With On-Lot Wastewater Facilities
Minimum Yard Setbacks
Dwelling Type
Minimum Lot Area
(square feet)
Minimum Lot Depth1
(feet)
Minimum Lot Width1
(feet)
Front
(feet)
Side
(feet)
Rear
(feet)
Single-family detached
43,560
200
150
50
35
50
Duplexes
25,000 per unit
200
75
50
35
50
Other uses
43,560
150
50
35
50
50
Accessory uses
N/A
N/A
N/A
Not permitted in front yard.
6
10
Lots With or Without Public Water and With Public Wastewater Facilities
Minimum Yard Setbacks
Dwelling Type
Minimum Lot Area
(square feet)
Minimum Lot Depth1
(feet)
Minimum Lot Width1
(feet)
Front
(feet)
One Side
(feet)
Rear
(feet)
Single-family detached
20,000
125
85
35
20
35
Duplexes
10,000 per unit
125
45
35
20
35
Other uses
20,000
125
85
35
20
35
Accessory uses
N/A
N/A
N/A
Not permitted in front yard
6
10
NOTES:
1
Minimum lot depth and width shall be measured at the building set back.
(3) 
Maximum permitted height.
(a) 
Principal buildings and structures: 35 feet.
(b) 
Accessory buildings: 15 feet.
(4) 
Coverage, maximum impervious lot coverage: 30% of the lot area.
E. 
Area and bulk regulations for nonresidential uses.
(1) 
Lot area and width. A minimum and maximum lot size shall be dependent on the presence or lack thereof public water and public sewer in accordance with the following:
(a) 
Minimum lot area shall be determined based on the size of the building/buildings, yard, coverage parking requirements and the need for on-lot water and wastewater facilities, if public utilities are not available, in accordance with the determination of the Township Sewage Enforcement Officer.
(b) 
Minimum lot width. The minimum lot width shall be 50 feet.
(2) 
Minimum yard setbacks. The following minimum standards shall apply:
(a) 
Front yard: 30 feet.
(b) 
Side yard: 10 feet each side.
(c) 
Rear yard: 30 feet.
(3) 
Maximum building coverage: 40%.
(4) 
Maximum impervious lot coverage: 50%.
(5) 
Minimum vegetative cover: 50%.
(6) 
Height regulations. Height of a principal building shall not exceed 40 feet.
(7) 
Conservations easements.
(a) 
Conservation easements shall be utilized on lots to preserve existing woodlands and drainageways.
(b) 
Under no circumstances shall conservation easements be less than 20 feet wide.
F. 
General regulations. In addition to the district regulations, Article III of this chapter contains additional provisions, which apply to all uses in the Township.
G. 
Off-street parking and loading requirements.
(1) 
Off-street parking and loading shall comply with Article III of this chapter.
(2) 
The following additional standards shall apply to parking lots in the ROC District:
(a) 
Parking lots shall not be located closer than 30 feet to a public right-of-way.
(b) 
Parking lots shall be placed to the rear or side of the property, where feasible.
(c) 
Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from public rights-of-way.
(d) 
Shared parking lots are encouraged.
H. 
Sign regulations. Sign regulations shall be in accordance with Article III, § 350-313, Signs.

§ 350-206 Commercial Industrial (CI) Zone.

A. 
Purpose. The primary purpose of the CI District is to provide an area of the Township suitable for large scale and intense commercial and industrial activities that will contribute to the well-being of the Township by diversifying its economy and providing valuable employment opportunities. Lot sizes, specific setbacks, and landscape requirements are imposed upon business sites and outdoor storage areas to protect adjoining properties to provide an attractive site appearance. All development shall minimize intrusion on the features of the natural environment including woodlands, wetlands and steep slopes, preserving scenic views and vistas while allowing flexibility in design.
B. 
Permitted uses.
(1) 
Banks and similar financial institutions, including drive-through services (§ 350-411).
(2) 
Contractors shops.
(3) 
Funeral homes (see § 350-424).
(4) 
Commercial recreation facilities, including indoor theaters, auditoriums and sports facilities (see § 350-417).
(5) 
Home improvement and building supply stores (see § 350-428).
(6) 
Health and fitness clubs (see § 350-426).
(7) 
Machine shop.
(8) 
Mini warehouses (see § 350-433).
(9) 
Retail stores/trade.
(10) 
Wholesale nursery/garden stock.
(11) 
Restaurants and taverns (see § 350-442).
(12) 
Small engine repair shop.
(13) 
Vocational-mechanical trade school (see § 350-446).
(14) 
Welding shop.
(15) 
Forestry (see § 350-301G).
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(16) 
Buildings that contain a combination of above-permitted residential and commercial uses, provided that no more than three nonresidential uses shall be permitted per building and/or lot.
(17) 
Accessory uses customarily incidental to permitted uses and including accessory solar photovoltaic systems (see § 350-301I).
[Amended 4-7-2020 by Ord. No. 01-2020]
C. 
Special exception uses. (Subject to the procedures presented in Article VI of this chapter and § 350-430.)
(1) 
Adult-related facilities (see § 350-402).
(2) 
Amusement arcades (see § 350-404).
(3) 
Automobile fueling stations, including convenience stores, fuel sales and minor incidental repairs (see § 350-407).
(4) 
Car washes (see § 350-413).
(5) 
Clubhouses for private clubs (see § 350-415).
(6) 
Communication and cell towers and antennas (see § 350-418).
(7) 
Dry cleaners (see § 350-420).
(8) 
Hotels and motels.
(9) 
Manufacturing.
(10) 
Nightclubs (see § 350-436).
(11) 
Public uses (see § 350-439).
(12) 
Recycling collection stations for paper, glass and metal products (see § 350-441).
(13) 
Solid waste disposal and processing facilities (see § 350-447).
(14) 
Truck or motor freight terminals (see § 350-449).
(15) 
Automobile, boat, trailer, truck, farm machinery, and mobile home service and repair facilities, including but not limited to auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio and upholstery shops (see § 350-408).
(16) 
Warehousing and wholesale trade (see § 350-450).
D. 
Conditional uses. (Subject to the procedures presented in Article VI of this chapter.)
(1) 
Junkyards (see § 350-431).
E. 
Area and bulk regulations.
(1) 
Minimum lot area shall be determined based on the size of the building/buildings, yard, coverage parking requirements and the need for on-lot water and wastewater facilities, if public utilities are not available, in accordance with the determination of the Township Sewage Enforcement Officer.
(2) 
Minimum lot width. The minimum lot width shall be 50 feet.
(3) 
Minimum yard setbacks. The following minimum standards shall apply:
(a) 
Front yard: 30 feet.
(b) 
Side yard: 10 feet each side.
(c) 
Rear yard: 30 feet.
(4) 
Maximum building coverage: 50%.
(5) 
Maximum impervious lot coverage: 60%.
(6) 
Minimum vegetative cover: 40%.
(7) 
Height regulations. Height of a principal building shall not exceed 40 feet.
(8) 
Conservations easements.
(a) 
Conservation easements shall be utilized on lots to preserve existing woodlands and drainageways.
(b) 
Under no circumstances shall conservation easements be less than 20 feet wide.
F. 
General regulations. In addition to the district regulations, Article III of this chapter contains additional provisions, which apply to all uses in the Township.
G. 
Off-street parking and loading requirements.
(1) 
Off-street parking and loading shall comply with Article III of this chapter.
(2) 
The following additional standards shall apply to parking lots in the CI District:
(a) 
Parking lots shall not be located closer than 30 feet to a public right-of-way.
(b) 
Parking lots shall be placed to the rear or side of the property, where feasible.
(c) 
Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from public rights-of-way.
(d) 
Shared parking lots are encouraged.
H. 
Sign regulations. Sign regulations shall be in accordance with Article III, § 350-313, Signs.

§ 350-208 Floodplain (FP) Zone (Overlay Zone).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
See Chapter 154, Floodplain Management.

§ 350-209 Airport Safety Overlay (ASO) Zone.

A. 
Purpose. The purpose of the Airport Safety Overlay Zone is to prevent the creation or establishment of a hazard within an airport hazard area, to regulate within the territorial limits of such airport hazard area the land use permitted, to regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow, pursuant to the authority conferred by 1984 Pa. Laws 164, codified at 74 Pa.C.S.A. § 5101 et seq., hereinafter "Aviation Code," and 74 Pa.C.S.A. § 5912, hereinafter, "Airport Zoning Act," as amended or reauthorized.
B. 
Application. The ASO regulations apply to the Airport Overlay Map,[1] which is incorporated in and made a part of this chapter and any other such future airport facility and hazard zone mapping.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C. 
Airport surface zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the airport. Such zones are shown on the Airport Overlay Map prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, and dated Spring 1989. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1) 
Runway approach surface zone. Established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and is 250 feet wide. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(2) 
Transitional surface zone. Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Airport Overlay Map.
(3) 
Horizontal surface zone. Established beneath the horizontal surface, 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal surface zone does not include the approach surface and transitional surface zones.
(4) 
Conical surface zone. Established beneath the conical surface. This zone commences at the periphery of the horizontal surface and extends outward therefrom a distance of 4,000 feet.
D. 
Airport surface zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
[Amended 5-4-2016 by Ord. No. 2016-01]
(1) 
Runway approach surface zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(2) 
Transitional surface zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation, which is 565 feet above mean sea level.
(3) 
Horizontal surface zone. Established at 150 feet above the established airport elevation or at a height of 715 feet above mean sea level.
(4) 
Conical surface zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal surface and at 150 feet above the established airport elevation and extending to a height of 350 feet above the established airport elevation or at a height of 915 feet above mean sea level.
(5) 
The primary surface shall be free of objects, except for objects that need to be located in the primary surface for air navigation or aircraft ground maneuvering purposes.
E. 
Use restrictions. Notwithstanding any other provisions of this chapter, the following general restrictions shall apply to all airport surface zones. No use may be made of land or water within any zone that would result in any of the following hazards:
(1) 
Electrical interference with navigational signals or radio communication between the airport and aircraft.
(2) 
Lighting interference, creating difficulty for pilots to distinguish between the airport lights and others.
(3) 
Impairment to visibility as a result of glare in the eyes of pilots using the airport or in the vicinity of the airport.
(4) 
Attraction of birds and creation of bird strike hazards.
(5) 
In any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
F. 
Permitted uses. The following uses are permitted in the zones set forth above:
(1) 
Runway approach surface zone. Commercial and residential uses permitted in the underlying zone shall be permitted at a maximum density of one unit or building per five acres.
(2) 
Transitional surface zones. Hangars and all other uses permitted in the underlying zoning district are permitted in the transitional surface zones when constructed in compliance with bulk and area requirements of the underlying zoning district; this § 350-209; and in the case of hangars, in compliance with § 350-403.
[Amended 2-5-2013 by Ord. No. 2013-01]
(3) 
Horizontal surface zone. All uses in the underlying zone shall be permitted in accordance with the bulk and area requirements unless otherwise indicated herein.
(4) 
Conical surface zone. All uses in the underlying zone shall be permitted in accordance with the bulk and area requirements unless otherwise indicated herein.
G. 
Nonconforming uses. The following regulations shall apply to nonconformities in the ASO District. These shall be regulations in additions to the regulations of Article V.
(1) 
The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change in any structure or tree not conforming to the requirements of this section, as of the effective date of this chapter, or otherwise interfere with the continuance of any nonconforming use, except as provided herein.
(2) 
Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date of this chapter.
(3) 
Before any nonconforming structure may be replaced, substantially altered or rebuilt or tree allowed to grow higher or replanted, a permit must be secured from Liberty Township authorizing the replacement or change. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
(4) 
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this section.
H. 
Airport safety overlay disclosure form. Every deed conveying property located in the ASO Zone shall contain the following language:
[Amended 5-4-2016 by Ord. No. 2016-01]
(1) 
"The real property, hereinafter 'property,' which may or may not be part of a larger development, is conveyed to [name of conveyee] with the understanding that there is a public use airport, hereinafter 'airport,' located immediately adjacent or in close proximity to portions of the property. The airport is located at 154 Pecher Road in Fairfield, PA, and is designated in Federal Aviation Administration records as W73.
[Name of conveyee] hereby receives this property with the understanding of the above disclosure and hereby covenants and agrees for him/herself, his/her heirs, assigns and successors in interest to accept the flight operations of the airport, including reasonable future expansion of the airport and activities related thereto and change of ownership of the airport, and not take or participate in any action adverse to the flight operations of the airport as disclosed herein."
(2) 
Where the property to be developed includes multiple plots and is being proposed by a developer, the following Acknowledgements of the Airport flight operations shall be included in the Public Offering Statement, and the above Acknowledgement and Covenant incorporated in each individual deed:
This real property is acquired with the understanding that there is a public use airport, hereinafter "Airport", located on property near or immediately adjacent portions of the development of which this real property is a part. The Airport is located at 154 Pecher Road in Fairfield, PA, is designated in Federal Aviation Administration records as W73. Departures and arrivals may cross over substantial portions of the development.
I. 
Variance.
[Added 5-4-2016 by Ord. No. 2016-01]
(1) 
Any request for a variance shall include documentation in compliance with 14 CFR Part 77 Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Pennsylvania Bureau of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(a) 
No objection. The subject construction is determined not to exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(b) 
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in this chapter.
(c) 
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
(2) 
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, will be in accordance with the intent of this chapter, and where the requested variance meets the requirements of this chapter.
(3) 
Notice of the application for a variance must be given in writing to the abutting or affected airport no less than 14 days prior to the hearing on the application. No less than 10 days prior to any grant of a variance by the Zoning Hearing Board, a notice from the Zoning Hearing Board of the intended decision shall be delivered to the Bureau of Aviation of the Pennsylvania Department of Transportation.
J. 
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in this chapter to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
[Added 5-4-2016 by Ord. No. 2016-01]