Logan Township City Zoning Code
PART 10
EXCEPTIONS AND SPECIAL PROVISIONS
§ 1001 Special Uses Permitted.
[Ord. 11-15-79; as amended by Ord. 6-16-83; by Ord. 1-23-92; by Ord. 04-13-00; by Ord. 09-14-00; by Ord. 9-13-01; by Ord. 6-27-02A; by Ord. 11-13-08; and by Ord. No. 04-28-22]
A.
In Agricultural Districts or as set forth in specified residence districts the Zoning Hearing Board, as hereinafter created, may authorize the issuance of a permit for any of the following buildings or uses:
(1)
A nursing home or hospital.
(2)
A clubhouse without features likely to occasion a nuisance in a residential neighborhood by reason of noise or other objectionable characteristics.
(3)
An air landing field and its necessary appurtenances.
(4)
A public or quasi-public building or private athletic field.
(5)
Animal cemeteries.
(7)
Student home for no more than three students located in a dwelling with a floor area of at least 850 square feet, exclusive of basements, garages and accessory buildings. A special exception authorizing a student home shall expire without further action by the Township unless the use is registered on a yearly basis with the Township. Students homes shall meet the area and width regulation for single-family dwelling, except that student homes are not permitted in structures designed as townhouses and/or row houses.
(8)
Mobile Home Park.
(9)
Communications Towers and Communication Equipment Buildings subject to the "Standards For Communications Towers as Special Exceptions" as set forth in § 1019 hereof.
(10)
Home Occupations. Home occupations, as defined, shall be subject to and shall comply with the following provisions and regulations:
(a)
The area occupied by the home occupation shall not exceed more than 25% of the total floor area, exclusive of porches and garages, or 400 square feet, whichever is the lesser.
[1]
There shall be no displays on the premises visible from the outside.
[2]
Off-street parking requirements shall be as prescribed in this chapter, and the computation of required off-street parking shall apply to the area devoted to the home occupation and shall be in addition to those for the residential use. The area devoted to off-street parking for the home occupation shall also comply with the buffer area regulations of this chapter.
[3]
There shall be no exterior evidence of such use.
Such special permits, however, may be authorized by the Zoning Hearing Board only upon satisfaction in each instance of such conditions as to general character, height, and use of structure, the provision of surrounding open space and treatment of the grounds, and as to street capacity and use as in the opinion of the Board may be necessary to safeguard public health, comfort and convenience, and as may be required for the preservation of the general character of the neighborhood in which such building is to be placed or such use is to be conducted.
B.
In Residence R- 1 District the Logan Township Board of Supervisors may authorize the issuance of a permit for any of the following buildings or uses:
(1)
Senior housing development conditioned on if the following criteria can be met:
(a)
The type and character of the land uses adjacent to and in the immediate area of the facility are consistent with such use.
(b)
The facility does not have a negative impact on water and sewer services, stormwater drainage, road capacity, the volume of vehicle traffic, traffic safety and circulation.
(c)
The effect of the facility does not have a negative impact on police, fire, ambulance and other emergency services. The applicant shall obtain a letter from the appropriate police departments, fire companies and ambulance services indicating that no such negative impacts exist prior to the time of application.
(d)
The impact of the facility in relation to other pertinent land use factors including, but not limited to, off-street parking and loading; refuse removal and similar services; control of noise, glare and vibration; signs; outdoor lighting; and whether the facility would be consistent with the intent and purposes of the Code.
(e)
The Board of Supervisors may attach certain conditions to its approval in order to preserve and protect the character of the zoning district and the health, safety and welfare of the public.
(2)
Where senior housing development is permitted as a conditional use, the following standards and criteria shall apply:
(a)
The minimum lot size for such developments shall be five acres.
(b)
All structures shall be limited to single story construction.
[1]
Units may be connected either side-to-side or back-to-back. Units constructed in such a manner shall not be required to meet the setback restrictions applicable to structures in the Residence R-1 District for the common wall portions of said structures but must meet such restrictions for the perimeter of the structures.
(c)
Sidewalks shall be provided throughout the development.
(d)
All streets and sidewalks must be maintained by the property owner.
(e)
Developments with more than 10 units must have two means of access from a public street.
(f)
The development must be served by public water and sewer service.
(g)
The development must provide at least two parking spaces per unit.
(h)
The development may provide a community building for the exclusive use of its residents, however, any such building cannot be open to the public or used for any retail or commercial purposes.
(i)
The development must provide an area for the placement of trash receptacles and/or dumpsters for use by residents.
(j)
The development must provide a location for the placement of mailboxes in accordance with the requirements of the United States Postal Service.
C.
In Agricultural A-1 Districts:
(1)
Sexually Oriented Businesses. The Zoning Hearing Board, as hereinafter created, may authorize the issuance of a permit for Sexually Oriented Businesses if the said Businesses comply with the requirements of Chapter 13, Part 6, Regulating the Time, Manner and Place of Sexually Oriented Businesses as well as comply with the following:
(a)
A sexually oriented business shall not be located within 1,000 feet of a church; a public or private pre-elementary, elementary or secondary school; a public library; a child care facility or nursery school; a public park adjacent to any residence district; a child-oriented business; or the boundary of any residence district.
(b)
A sexually oriented business shall not be located within 1,000 feet of another sexually oriented business.
(c)
For the purpose of § 1001B(1)(a) of this Part 10, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private pre-elementary, elementary, or secondary school, public library, child care facility, child-oriented business, or nursery school; to the nearest boundary of an affected public park; or to the nearest boundary of any residence district.
(d)
For purposes of § 1001B(1)(b) of this Part 10, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(e)
A sexually oriented business lawfully operating on the date of enactment of this Part that is in violation of § 1001B(1)(a) or (b) of this Part 10 shall be deemed a nonconforming use.
(f)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private pre-elementary, elementary or secondary school, public library, child care facility, child-oriented business, nursery school or public park or residence district within 1,000 feet of the sexually oriented business.
(g)
Section 1001B(1)(a) through (f) of this Part 10 does not apply to modeling classes operated:
[1]
By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college, or university supported entirely or partly by taxation;
[2]
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
[3]
In a structure:
[a]
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
[b]
Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
[c]
Where no more than one nude model is on the premises any one time.
(2)
Campgrounds and/or Commercial Off-Road Vehicle Park. The Zoning Hearing Board may authorize the issuance of a permit for Campgrounds and/or Commercial Off-Road Vehicle Parks if the said entities comply with the requirements of the Agriculture A-1 Zoning District as well as comply with the following:
(a)
The type and character of the land uses adjacent to and in the immediate area of the facility.
(b)
The effect of the facility on water and sewer services, storm water drainage, road capacity and volume of vehicle traffic and traffic safety and circulation.
(c)
The effect of the facility on police and fire services and other public safety and emergency services.
(d)
The effect of the facility on the protection and preservation of natural features and natural resources.
(e)
The impact of the facility in relation to other pertinent land use factors including, but not limited to, the view from adjacent and nearby lands; off-street parking and loading; refuse removal and similar services; control of noise, glare and vibration; signs; outdoor lighting; and whether the facility would be consistent with the intent and purposes of the ordinance.
D.
Separation Requirements.
(1)
No residential use authorized under § 1001, Subsection A or B, above shall be permitted if any other residential use listed in that subsection or any nonconforming use is located in any residential zoning district and within 500 feet from another measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use.
(2)
Legislative intent. Certain uses in the various zoning districts, while compatible with other lawful uses, can be detrimental to the quiet use and enjoyment by others of their property if concentrated in the same neighborhood. The Board of Supervisors has determined that undue concentration can be avoided by mandating a minimum distance of separation between these uses. Thus the essential nature of the various districts can be maintained while providing a broad level of inclusion for the variety of uses that enrich our community.
§ 1002 Yard Exceptions.
[Ord. 11-15-79; as amended by Ord. 1-23-92]
1.
For large scale housing developments:
A.
Upon presentation to the Zoning Hearing Board of a site plan showing location of buildings, streets, yards and other open spaces, for the unified development of an area bounded on all sides by street or park or other permanent public open space, the Board may waive all side and rear yard requirements with respect to such development, and direct the Zoning Officer to issue permits in accordance with the approved plan thereof, provided:
(1)
That open space equal to or greater than that required under the yard restrictions of the district in which the proposed development is to be located is otherwise furnished within the tract in such manner as to give equally good access of light and air to individual dwellings; and
(2)
That the total coverage of the net land area (exclusive of streets) by buildings shall not exceed 20% in a Residence R-1 District or 25% in a Residence R-2 District, or 30% in any other district.
2.
For closely built-up areas:
A.
Where there is at the time of the enactment of this chapter a lot 40 feet or less in width, in a Residence District, pocketed by buildings existing on the two lots adjoining at the side, both being in other ownership, it shall be permitted to build or rebuild a single-family dwelling upon such lot without requirement of side yards wider than the respective adjacent side yards existing on the adjoining lots.
§ 1003 Alteration of Existing Dwellings.
[Ord. 11-15-79; as amended by Ord. 1-23-92]
Nothing herein shall prevent alteration of a single-family dwelling, existing at the time of enactment of this chapter, in a Residence "R-2" District for multiple family dwelling (as defined herein) and use, provided:
1.
That after alteration of building, the area of lot upon which the building is located amounts to not less than 1,000 square feet for each dwelling unit;
2.
That no dwelling unit shall have less total floor area than 600 square feet;
3.
That no living quarters are placed in a basement or in any other room or space having less than six feet of ceiling clearance above the average outside ground level; and
4.
That there is not exterior alteration of the building except as may be necessary for safety and for improved access to the building.
§ 1004 Public Garages and Gas Filling Stations.
[Ord. 11-15-79]
1.
No public garage repair space shall have an opening in roof or walls within 15 feet of any side property line, and: (1) in Business Districts, no public garage, or private garage accommodating more than five cars, or gas filling station shall have a vehicular entrance upon the same side of the street with, and closer to, an entrance to a public school, church, hospital, public park, playground, or fire station, than 100 feet, except that this shall not apply if a street 50 feet wide or wider intervenes between such garage or gas filling station entrance and the entrance to such public place, and (2) in all other districts, no such garage or gas filling station entrance shall be closer to an entrance to such a public place than 200 feet whether or not on the same side of the street, and whether or not there is an intervening street, and said measurement shall be taken as the shortest distance between such entrances, across the street if the entrances are upon opposite sides of the street, and along the street frontage if both entrances are on the same side of the street or within the same city block.
2.
All gas filling stations shall be so arranged, and all gasoline pumps shall be so placed as to permit all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to a side property line than 10 feet.
§ 1005 (Reserved)
[Ord. 07-12-07]
§ 1006 Buildings of Public Utility Corporations.
[Ord. 11-15-79]
Nothing in this chapter shall apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Public Utility Commission shall after a public hearing decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 1007 Fire Escapes.
[Ord. 11-15-79; as amended by Ord. 12-11-03]
Fire escapes may project into a required side yard not more than 1/3 of its width, and not more than four feet in any case. Nothing herein contained shall prevent the projection of an open fireproof fire escape or stairway into a rear or side yard for a distance not to exceed eight feet.
§ 1008 Height Exceptions.
[Ord. 11-15-79; as amended by Ord. 9-13-01]
Nothing herein contained shall be interpreted to limit or restrict the height of a church spire, belfry, clock tower, chimney flue, water tower, elevator bulkhead, State tower, scenery lift or similar structures. These height exceptions shall not apply to any communications antennas or communications towers.
§ 1009 Continuance of Non-Conforming Uses.
[Ord. 11-15-79; as amended by Ord. 09-24-09]
Uses, not conforming to the regulations of the district in which they are located at the time of enactment of this chapter, shall be known and regarded as nonconforming.
1.
A nonconforming building or use may be continued subsequent to adoption of this chapter provided there shall thereafter be no structural extension or addition to such nonconforming building or use exceeding: 50% of the cubical contents of the building or buildings as existing at the time of enactment of this chapter, or 50% of the existing service capacity if the use is conducted all or partly in the open. Subsequent to such allowable addition to building or expansion of use, there shall be no further additions or expansion except in accordance with the regulations for the district in which such nonconforming building or use is located.
2.
A nonconforming use may not be changed to another nonconforming use disallowed by this chapter in a district in which the original nonconforming use would be permitted.
3.
All nonconforming uses, structures and lots, which were in existence at the time of the enactment of this chapter and/or any amendment thereto, may be continued, subject to the provisions set forth in this chapter. The Zoning Officer shall identify properties and maintain a file for the registration of nonconforming uses, structures and lots. The owner of any nonconforming structure or lot, or the owner who maintains or allows any nonconforming use, may apply for a Certificate of Nonconformity on forms prepared by the Zoning Officer. The Zoning Officer shall investigate each request for a Certificate of Nonconformity to determine the existence and extent of the nonconformity. Upon determining that such nonconformity exists, the Zoning Officer shall prepare a report describing the nature and extent of the nonconformity. If no valid nonconformity is determined to exist, the Zoning Officer shall make a report of the results of the Zoning Officer's investigation. Such report shall constitute a Certificate of Nonconformity to the extent such a valid nonconformity is reported to exist and is described. A copy of such report and determination shall be sent to the applying owner and to any other interested party. A copy of such report shall be placed in the registration file, regardless of the determination. Any person aggrieved by the report shall have a right to appeal to the Zoning Hearing Board as from the decision of the Zoning Officer.
§ 1010 Revision of Non-Conforming Buildings and Uses.
[Ord. 11-15-79; as amended by Ord. 1-23-92]
§ 1011 Permanence of Yards and Other Open Spaces.
[Ord. 11-15-79]
No space applied under this chapter to satisfy the yard requirements in relation to any building, whether now or subsequently built, shall be counted as part of a yard or required open space in relation to any other building.
§ 1012 Temporary Permits.
[Ord. 11-15-79; as amended by Ord. 1-23-92]
Temporary permits may be authorized by the Zoning Hearing Board for a period not to exceed one year, for nonconforming uses incidental to housing any construction projects and including such structures and uses as storage of building supplies and machinery, and a real estate office located on the tract being offered for sale; provided such permits are issued only upon agreement by the owner to remove the structure or structures upon expiration of permit. Such permits are annually renewable over a period not to exceed three years.
§ 1013 Fencing of Retention Basins or Ponds.
[Ord. 7-25-85; Ord. 10-31D-85]
The owner of the real estate upon which there is located a retention basin or pond shall erect and maintain a fence or barrier enclosing said retention basin or pond. Said fence shall be constructed of chain link, or other similar material as may be approved by the Board of Supervisors, with a minimum height of six feet. No fence shall be constructed in a manner so as to obstruct the line of vision of the operators of motor vehicles at the intersection of any street or road.
§ 1014 Nonconforming Buildings and/or Structures.
[Ord. 3-19-98; as amended by Ord. 01-22-09]
1.
Nonconforming Duplexes, Triplexes and Townhouses/Row Houses. Any and all Duplex, Triplex or Townhouse/Row House structures/buildings which do not comply, as of January 1, 1998, with the side yard setbacks as well as area and frontage regulations of the zoning district in which they are located, shall be regarded as permitted nonconforming structures/buildings as follows:
A.
A nonconforming Duplex, Triplex and/or Townhouse/Row House structure/building shall not be deemed to be violative of the regulations of the zoning district in which it is located and may be sold, gifted and/or otherwise conveyed without being in violation of said regulations. For purposes of this Chapter 27, a Duplex and Triplex structure/building shall be defined as a structure under a single roof with or without firewall partitions or party walls, designed for occupancy by or to be occupied by two or three households respectively living as families wherein each such section housing said households has a separate deed for each such section and may be conveyed separately. For purposes of this Chapter 27, a Townhouse shall have the same meaning as a Row House as defined herein with the addition that each such Row House has a separate deed for each such structure/building and may be conveyed separately.
2.
Other Nonconforming Buildings and/or Structures. Any and all Buildings and/or Structures which do not comply, as of March 14, 2006, with the setback regulations of the zoning district in which they are located shall be regarded as permitted nonconforming structures and/or buildings as follows:
A.
A nonconforming Building and/or Structure shall not be deemed to be violative of the regulations of the zoning district in which it is located as to setback requirements only if said nonconforming building or structure was in existence as of March 14, 2006, and the same appears on the Township's ortho-photographs taken on that date and the same is otherwise in compliance with other applicable law.
§ 1015 Traffic Studies and Buffer Areas.
[Ord. 02-10-00]
1.
Traffic Study.
A.
Applicability. Any use within any district may be required to provide a traffic study where the Township determines it is necessary for the safety and welfare of Township residents using the streets in the area of the proposed use.
B.
General Requirements. The traffic study shall include a comparative analysis of present capacity of street(s) adjacent to the proposed use with potential capacity and volumes generated by the proposed use, together with necessary points of access to off-street parking and loading. Traffic data available from available sources should be utilized including, but not limited to any information from the Blair County Planning Commission and the Logan Township Municipal Office. Additionally, traffic studies shall include such other requirements as deemed necessary by the Township Engineer.
2.
Buffer Areas.
A.
Applicability. Any use within any district may be required to provide a buffer area where the Township determines it is necessary to screen or block vision, noise or other negative by-products associated with that use. It may be required to separate an intense use such as a business or industry from a less intense use such as a single-family residence. The exact placement and character of the buffer area shall be established by the Township subject to following general requirements.
B.
General Requirements.
(1)
A buffer area shall provide a year-round visual screen. The buffer area may consist of one or a combination of the following:
(a)
Native species of evergreen and deciduous plant material;
(b)
A natural or artificial land form or wooded area, provided such area is preserved from future development by easement, deed restriction, covenant or similar measure; or
(c)
An exposed fence or wall between five and eight feet in height with at least 60% of the surface being opaque with appropriate landscaping as determined by the Township based on the objectives and requirements of the section.
(2)
Unless otherwise specified by this chapter, the required depth of any buffer area shall be determined by the Township based on the objectives and requirements of this section.
(3)
When a planted buffer is utilized, it shall consist of a mix of native species of evergreen and deciduous plant materials. At the time of planting, the evergreen material shall be sufficient to screen the property visually and shall be a minimum of five feet in height (at the time of planting). The remainder of the plantings may be of varying lesser heights.
(4)
When a fence, wall or structure is used, it shall be designed to be architecturally compatible with adjacent buildings, and, comply with all other applicable provisions of this chapter.
(5)
The property owner shall be responsible for the continuing maintenance of all buffer areas, including the replacement of any dead plant material. Buffer areas shall be kept clean of all debris, rubbish, weeds and tall grass.
(6)
No structure shall be permitted within a required buffer area, except an authorized fence or wall, nor shall a buffer area be used for parking, loading, vehicular circulation, such as a private road, storage or any other purpose.
(7)
The buffer area shall be continuous along property lines where they are required, except for points of vehicular or pedestrian access. Clear sight distances at all street and driveway intersections shall be maintained.
(8)
The Township may authorize a modification in the otherwise applicable buffer area requirements where it determines that:
(a)
A greater buffer area, or an element thereof, is required to accomplish the purposes of this chapter; or
(b)
The changes in elevation between abutting properties or other natural features exist such that they decrease or eliminate the need for the buffer area at the points where the buffer area is required by this chapter.
§ 1016 Screening of Obtrusive Uses.
[Ord. 02-10-00; as amended by Ord. 09-14-00]
In any Business, Industrial and/or Institutional District, and in any Multiple Family Dwelling use, all refuse, garbage, similar solid waste and recyclables shall be enclosed in a masonry or equivalent structure of sufficient height, width and depth to prevent dispersal of the solid waste in the vicinity with a solid gate sufficient to conceal the contents. In addition, in all said Districts and in conjunction with said use, parking, loading areas or another visually obtrusive uses shall be screened from view of the adjacent uses, properties or public streets as determined by the Township based upon the objectives and requirements of this part.
§ 1017 Off-Street Parking Requirements.
[Ord. 04-13-00; as amended by Ord. 09-14-00; by Ord. 11-09-00; and by Ord. 6-27-02A]
1.
Application.
A.
Unless specifically exempted by the provisions of this Part, all structures built and all uses established hereafter shall provide off-street parking areas in accordance with this Part. This Part shall also be applicable to any tract or area of land used for parking vehicles regardless of being for profit or not for profit.
B.
When an existing structure or use is expanded, parking spaces for the area or capacity of such expansion shall be required in accordance with this Part.
C.
An expansion or alteration of an existing use, or a subdivision or combination of zoning lots, shall not result in the elimination of any existing required off-street parking spaces.
2.
General Provisions.
A.
Open Parking: Open-air parking areas shall be located on a zoning lot in accordance with the provisions of the district regulations.
B.
Enclosed Parking: Enclosed parking facilities containing off-street parking shall be subject to the area and bulk requirements applicable in the district in which they are located, unless otherwise specified in this Part.
D.
Design and Maintenance:
(1)
Size. The minimum dimensions for a conventional parking space will be nine feet in width by 18 feet in length, exclusive of curbs and maneuvering space. For a handicapped parking space, the size shall be 12.5 feet in width by 20 feet in length.
(2)
Design. Each parking space shall open directly onto an aisle or driveway with a minimum dimension of not less than 25 feet. Driveways and aisles for other than single, two-family or individual townhouse dwellings shall be designed so that each vehicle may have ingress and egress from the space without moving any other vehicle. All access ways shall be designed so as to provide safe exit and entrance from the public street, in accordance with applicable Township standards or PennDOT specifications.
(3)
Surfacing. All parking areas, including those for family dwellings, shall be graded and paved or otherwise improved with an all-weather, dustless material of asphalt, concrete, grouted brick, paving blocks or similar materials approved by the Township.
(4)
Striping. Parking areas shall be striped to outline the entire parking space with a durable paint and maintained in said manner.
(5)
Signs. Unless otherwise provided in this chapter, no signs shall be displayed in any parking area within any residence district, except as may be necessary for the orderly use of the parking facilities.
(6)
Storm Water. Adequate storm water drainage facilities shall be installed in order to insure that storm water does not flow onto abutting property or abutting sidewalks in such a way or quantity that pedestrians using the sidewalk would be detrimentally affected or inconvenienced.
(7)
Maintenance. Parking spaces shall be kept clean of debris, refuse and garbage and maintained so as to be free of potholes and other defects which might constitute danger to persons or property.
E.
Landscaping: In business, industrial and institutional districts and in any multifamily dwelling use, all open off-street parking areas containing more than 15 parking spaces shall have a three-foot minimum landscaped area on each side in accordance with the Subdivision and Land Development Ordinance. Parking areas shall be arranged and designed so as to prevent damage to, or intrusion into, such landscaping. Clear sight triangles, as defined by this Part, shall be maintained. Open parking areas for 50 or more cars shall be interspersed with landform or other appropriate landscape or planted area.
F.
Lighting: Any lighting used to illuminate off-street parking areas and driveways shall be directed away from residential properties or public streets in such a way as not to interfere with such uses, and all such lighting shall be arranged so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. Any luminary shall be equipped with some type of glare shielding device approved by the Zoning Officer. The height of any luminary shall not exceed 25 feet in a residential or agricultural zone, and 50 feet in all other zoning districts. The lighting system shall furnish minimally an average of two foot candles during hours of operation.
G.
Repair and Service: No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facility, other than for a single- or two-family dwelling.
H.
Joint Use of Parking Spaces:
(1)
Two or more uses may share a common parking area provided the total spaces equal or exceed the sum of the spaces required for each use individually. However, the Board of Supervisors may approve a joint parking plan which permits a reduction in this total subject to the following:
(a)
A written report shall be prepared by the applicant which clearly demonstrates that one or more uses require parking at times when other uses in the building or complex are not normally in operation and, therefore, the uses could share parking, thus reducing the total spaces that otherwise would be required for all uses.
(b)
Not more than 50% of the required parking spaces for any one use shall be supplied jointly with other uses, except that up to 100% of the spaces for a place of worship or school may be supplied jointly with another use.
(c)
All uses shall be located within 350 feet of the joint parking spaces and connected by safe pedestrian access.
(d)
A written agreement shall be executed with the Township assuring the continued availability of the joint parking spaces to all proposed uses.
(2)
Any change or expansion of the uses sharing the joint parking area shall require a new review by the Board of Supervisors and may result in additional spaces being required and a revised agreement with the Township.
(3)
Continued compliance with approved joint parking plan is a condition of occupancy; any violation thereof may result in the suspension or revocation of the occupancy.
I.
Off-site Parking Facilities: The Board of Supervisors may approve a plan for providing all or some of the required off-street parking spaces on a lot other than where the principal use is located, provided that:
(1)
Both lots are held in the same ownership, or a lease has been executed for the spaces which guarantees their availability for as long as the use exists. Evidence of ownership or a copy of the lease shall be filed with the Township.
(2)
The off-site parking spaces are located within 350 feet distance from the principal use and connected by a safe pedestrian walkway.
(3)
The continued availability of the approved off-site parking shall be a condition of occupancy for the principal use which they serve; any violation thereof may result in the suspension or revocation of the principal user's occupancy.
J.
Parking for Recreational Vehicles: A recreational vehicle shall be parked or stored in an off-street parking space.
3.
Required Spaces by Type of Use.
A.
When calculating the required number of spaces, a fractional space of 1/2 or over shall be considered an entire space while a fraction below 1/2 may be disregarded.
B.
In the case of a single or two-family residence or townhouse unit, a driveway for the dwelling may count as one off-street parking space, provided such parking does not block access to parking for another dwelling.
C.
Wherever employee parking is required by this section, it shall be calculated based on the number of employees on a peak shift.
D.
The following shall be the minimum number of parking spaces required; additional spaces may be required by the Township as a result of the development application review.
Land Use | Requirement | |
|---|---|---|
Agricultural service business | 1 space per each 400 square feet of enclosed gross floor area | |
Art gallery or art museum | 1.2 spaces per 1,000 square feet of enclosed gross floor area | |
Auditorium or noncommercial movie theater | 1 space per each 4 fixed seats or 6 linear feet of fixed benches; if there is no fixed seating, 1 space for each 75 square feet of enclosed gross floor area | |
Automobile parts store | 1 space per each 300 square feet of enclosed gross floor area | |
Automobile repair shop | 1 space per each service bay, a service bay shall not count as a parking space | |
Automobile sales | 1 space per each 600 square feet of enclosed gross floor area + 1 space for each 2,000 square feet of outside display area + 100% of the additional parking spaces required by this table for other land uses on the same lot (e.g., an automobile repair shop); 170 square feet of lot area shall be provided for each vehicle stored on the premises | |
Bait shop | 1 space per each 300 square feet of enclosed gross floor area | |
Bakery | 1 space per each 500 square feet of enclosed gross floor area for the first 25,000 square feet of gross floor area + 1 space per each 650 square feet of enclosed gross floor area for the next 25,000 square feet + 1 space per each 800 square feet of enclosed gross floor area over 50,000 square feet | |
Bank or financial institution | 1 space per each 300 square feet of enclosed gross floor area + 3 reserved waiting spaces of not less than 20 feet in length shall be provided at each drive-in window | |
Bar, tavern, night club, dance hall | 1 space per each 100 square feet of enclosed gross floor area | |
Basketball court, tennis court, racquetball court | 5 spaces per each court or 1 space per each 3 spectator seats, whichever is greater | |
Beauty parlor, barber shop | 1 space per each 200 square feet of enclosed gross floor area | |
Bed and breakfast establishment | 1 space per guest bedroom + 2 spaces for permanent residents | |
Beverage distributor | 1 space per each 350 square feet of enclosed gross floor area | |
Bicycle repair shop | 1 space per each 350 square feet of enclosed gross floor area | |
Bookstore | 1 space per each 250 square feet of enclosed gross floor area | |
Bowling alley | 3 spaces per each alley + 50% of the additional parking spaces required by this table for other land uses on the premises (e.g., restaurant, bar) | |
Building, plumbing, welding, and/or heating supplies store | 1 space per each 500 square feet of enclosed gross floor area used for display + 1 space per each 1,000 square feet of enclosed gross floor area of warehouse area + 1 space for each company vehicle | |
Campground | 1 space per campsite | |
Car wash | 1 space per each employee + storage areas for at least 5 times the number of cars that can be in the wash process at any 1 time | |
Cemetery | 1 space per employee | |
Clubs, lodges | 1 space per each 300 square feet of enclosed gross floor area | |
Community center | 1 space per each 250 square feet of enclosed gross floor area | |
Contractor's yard | 1 space per each 2,000 square feet of enclosed gross floor area or 1 space per employee, whichever is more | |
Convalescent center, nursing home | 1 space per each 600 square feet of enclosed gross floor area | |
Convenience store | 1 space per each 300 square feet of enclosed gross floor area + 80% of the additional parking spaces required by this table for other land uses on the same premises (e.g., gasoline station) | |
Convent, monastery | 1 space per each 1,000 square feet of enclosed religious residence | |
Correctional facility | 1 space per employee + 1 space per every 25 inmates of maximum capacity | |
Crematorium | 1 space per every 4 seats of chapel capacity + 1 space per each 3 employees | |
Data processing facility | 1 space per 300 square feet of enclosed gross floor area | |
Day care center | 2 spaces for each 3 teachers, employees, or administrators | |
Dormitories | 1 space per every 3 beds occupied at maximum capacity | |
Dry cleaning establishment | 1 space per each 300 square feet of enclosed gross floor area | |
Emergency medical or ambulance service | 1 space per employee + 1 space for each motor vehicle operated in connection with the service | |
Employment agency | 1 space per 200 square feet of enclosed gross floor area | |
Exterminator | 1 space per 800 square feet of enclosed gross floor area | |
Farm (agricultural or silvicultural) | 1 space per employee | |
Fire or police station | 1 space per each 2 employees | |
Food catering facility | 1 space per each employee | |
Funeral home, mortuary | 1 space per 1,000 square feet of enclosed gross floor area | |
Furniture store | 1 space per 1,000 square feet of enclosed gross floor area | |
Gasoline station | 1 space per each fuel nozzle + 1 space per each 50 square feet of usable floor area in the cashier's office (All gas station/convenience store businesses shall be classified as a convenience store in this table.) | |
Golf course (non-miniature) | 100 spaces per each 9 holes | |
Golf course (miniature) | 1.5 spaces per each hole | |
Golf driving range | 1.5 spaces per each tee | |
Government building | 1 space per each 200 square feet of enclosed gross floor area used by the public + 1 space per each 600 square feet of enclosed gross floor area not used by the public | |
Grocery store, supermarket | 1 space per each 250 square feet of enclosed gross floor area + 100% of the additional parking spaces required by this table for other land uses in the same building (e.g., restaurant) | |
Gunsmith, hunting supplies store | 1 space per each 350 square feet of enclosed gross floor area | |
Hardware store | 1 space per each 400 square feet of enclosed gross floor area | |
Health club | 1 space per each 300 square feet of enclosed gross floor area | |
Historical use or historical museum | 1.2 spaces per 1000 square feet of enclosed gross floor area | |
Hospital | 1 space per every 2 beds + 1 space for each 5 outpatients at the peak outpatient period + 1 space per each 1.5 employees + 1 space per each hospital vehicle (Bassinets may not be counted as beds.) | |
Hotel/motel/inn | 1 space per each guest room + 50% of the parking spaces that this table would require for other commercial uses within the same building (e.g., restaurant) | |
Junkyard, landfill | 2 spaces for every 3 employees + 1 space for each motor vehicle customarily used in connection with the facility | |
Kennel or animal grooming facility | 1 space per each 400 square feet of enclosed gross floor area | |
Laundromat, commercial laundry | 1 space per each 200 square feet of enclosed gross floor area | |
Library | 1 space per each 1,000 square feet of enclosed gross floor area | |
Liquor store | 1 space per each 400 square feet of enclosed gross floor area | |
Machinery sales and/or service business (farm machinery, construction equipment, industrial or mining equipment, commercial trucks, boats, etc.) | 1 space per each 600 square feet of enclosed gross floor area + 1 space for each 2,500 square feet of outside display area + 2 spaces per each service bay + 1 space per each employee | |
Manufacturing, industrial, and/or research and development facility | 1 space per each 500 square feet of enclosed gross floor area for the first 25,000 square feet of gross floor area + 1 space per each 650 square feet of enclosed gross floor area for the next 25,000 square feet + 1 space per each 800 square feet of enclosed gross floor area over 50,000 square feet | |
Meeting room facility other than those listed | 1 space for each 4 seats or 1 space for each 100 square feet of gross floor area, whichever is less | |
Mining and/or mineral extraction facility | 1 space per employee + 1 space for each company vehicle | |
Mobile Home Park | 2 spaces per mobile home lot | |
Model home sales office | 1 space per each 300 square feet of enclosed gross floor area | |
Movie theater (commercial) | 1 space per each 4 fixed seats or 6 linear feet of fixed benches; if there is no fixed seating, 1 space for each 75 square feet of enclosed gross floor area | |
Multi-household residential complex sales office | 1 space per each 300 square feet of enclosed gross floor area | |
Museum (other than art or historical) | 1.2 spaces per 1,000 square feet of enclosed gross floor area | |
Nursery or greenhouse (commercial) | 1 space per 1,000 square feet of enclosed gross floor area + 1 space per 2,000 square feet of outside sales area | |
Office (business or professional, but not medical or dental) | 1 space per 300 square feet of enclosed gross floor area | |
Office (medical or dental) | 1 space per each 250 square feet of enclosed gross floor area | |
Park, playground, or other noncommercial recreational facility | 1 space for every 4 persons of maximum design capacity for the facility | |
Pet shop | 1 space per each 300 square feet of enclosed gross floor area | |
Pharmacy or drug store | 1 space per each 250 square feet of enclosed gross floor area | |
Photography studio | 1 space per each 400 square feet of enclosed gross floor area | |
Place of worship | 1 space per each 6 fixed seats or 9 linear feet of fixed benches. If there is no fixed seating, 1 space for each 100 square feet of enclosed gross floor area. For places of worship where 25% or more of the parishioners walk to such place, the parking space requirement may be reduced proportionately subject to the approval of the zoning officer | |
Printing and/or publishing facility | 1 space per 1,000 square feet of enclosed gross floor area or 1 space per employee, whichever is greater | |
Radio or television station | 1 space per 1,000 square feet of enclosed gross floor area | |
Railroad, bus, or other transit terminal or station | 1 space per each 600 square feet of gross floor area | |
Railroad maintenance facility or switching yard | 1 space per employee | |
Repair shop (for common household appliances such as radios, televisions, and vacuum cleaners) | 1 space per each 600 square feet of enclosed gross floor area | |
Residential dwelling | 2 spaces per dwelling containing 2 or less bedrooms | |
Residential dwelling containing more than 2 bedrooms | 2 spaces per dwelling + 1 space per every 2 bedrooms over 2 bedrooms | |
Residential dwelling exclusively for the elderly | 1 space per dwelling | |
Restaurant (sit down), including restaurants with bars | 1 space per each 200 square feet of enclosed gross floor area | |
Restaurant (fast food) | 1 space per each 100 square feet of enclosed gross floor area | |
School (for dance, music, crafts, martial arts, or the fine arts) | 1 space per each 200 square feet of enclosed gross floor area | |
School, public or private (elementary) | 1 space for each 20 students of design capacity + 1 space per each 400 square feet of enclosed gross floor area for offices or teacher lounges | |
School, public or private (junior high) | 1 space for each 15 students of design capacity + 1 space for each 400 square feet of enclosed gross floor area for offices or teacher lounges | |
School, public or private (high school or "vo-tech" school) | 1 space for each 10 students of design capacity + 1 space for each 400 square feet of enclosed gross floor area for offices or teacher lounges | |
School (trade school) | 1 space for each 2 students | |
Self-service storage facility | 1 space per each 2,000 square feet of enclosed gross floor area | |
Sexually oriented business | 1 space per 200 square feet of enclosed gross floor area. Adult theaters shall follow the requirements for movie theaters | |
Shopping center, shopping mall, department store | Stores shall provide a minimum of 1 parking space per each 250 square feet of enclosed gross floor area used for retail and a maximum of 1 space per each 180 square feet of enclosed gross floor area used for retail. Stores shall also provide 50% of the parking spaces that this table would require for nonretail uses within the same building (e.g., restaurants). | |
Skating rink | 1 space for each 250 square feet of enclosed gross floor area | |
Slaughterhouse | 1 space per each 1,000 square feet of enclosed gross floor area | |
Stadium (including high school football stadiums) | 1 space per 75 square feet of assembly area or 1 space per every 5 fixed seats, whichever is greater (20 inches of fixed bench shall be considered a fixed seat here) | |
Student home | 3 spaces per each student home occupying a premises | |
Swimming pool | 1 space for each 100 square feet of water surface area + space for each 30 square feet of area used for spectator seating purposes | |
Travel agency | 1 space per each 200 square feet of enclosed gross floor area | |
Truck terminal | 1 space per 1,000 square feet of enclosed gross floor area or 1 space per employee, whichever is greater | |
Utility facility, commercial communications facility or tower | 1 space per employee at the peak shift on an average day | |
Veterinary office, animal clinic, or animal hospital | 1 space per each 500 square feet of enclosed gross floor area | |
Warehouse | 1 space per 2,000 square feet of enclosed gross floor area | |
Others not listed above | To be determined by the Board of Supervisors, based on a recommendation from the Township Engineer |
4.
Reduction of Required Parking Spaces.
A.
Parking for elderly housing may be reduced to one space for every five dwellings subject to the approval of the Board of Supervisors. For purposes of this Part, elderly housing shall be a building or portion thereof with units designed and reserved specifically for the occupancy by persons 62 or more years of age.
B.
The aforementioned nonresidential parking space requirements may be reduced up to 10% of the required parking for any nonresidential use, building or complex if the nonresidential use, building or complex is within 1,000 feet of any regularly scheduled bus stop/train station. If a bus stop/train station is proposed, a letter from the applicable transit authority is required which states their intentions to serve the proposed development with a regularly scheduled stop.
5.
Nonresidential Parking in Residence Districts: Accessory off-street parking facilities serving nonresidential uses of property may be permitted in any Residence District when authorized by the Zoning Hearing Board after review and study by the Township Board of Supervisors, subject to the following requirements in addition to all other relevant requirements of this Part:
(a)
The parking lot shall be accessory to, and for use in connection with, one or more nonresidential establishments located in adjoining districts or in connection with one or more existing professional or institutional office buildings or institutions, and within 350 feet of the nonresidential use which it is to serve.
(b)
Said parking lot shall be used solely for the parking of passenger automobiles.
(c)
No commercial repair work or service of any kind shall be conducted on said parking lot.
(d)
No sign of any kind, other than signs designating entrances, exits, and conditions of use, shall be maintained on said parking lot, and shall not exceed 12 square feet in area.
(e)
The parking lot may be open from 7:00 a.m. to 9:00 p.m. and shall be closed at all other times; however, when supervised by one or more full-time attendants, the parking lot may be kept open until 12:00 midnight.
(f)
Each entrance to and from said parking lot shall be a distance of at least 35 feet from any adjacent property located in any residence district except where ingress and egress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot. A buffer area as required by the Board of Supervisors shall be provided and maintained along all lot lines, which are not street lines, abutting residential uses.
(g)
In addition to the foregoing requirements, such parking lots shall conform to any further requirements and conditions as may be prescribed by the Township Supervisors for the protection of properties adjacent to and in the vicinity of the proposed parking lot.
§ 1018 Regulations Governing Communications Antennas and Communications Equipment Buildings.
[Added by Ord. 9-13-01]
1.
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
2.
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
3.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
4.
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
5.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
6.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review for compliance with the Township of Logan's Building Code, if any or other applicable law.
7.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
8.
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
9.
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township of Logan.
10.
A Communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
11.
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
§ 1019 Standards for Communications Towers as Special Exceptions.
[Added by Ord. 9-13-01]
1.
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and licensed to operate communications antennas.
2.
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the federal communications commission governing human exposure to electromagnetic radiation.
3.
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable Airport Zoning Regulations.
4.
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter-mile radius of the proposed communications tower site were contacted and that one or more of the following reasons for not selecting such structure apply:
A.
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
B.
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing Structure and the interference cannot be prevented at a reasonable cost.
C.
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
D.
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
E.
A commercially reasonable agreement could not be reached with the owners of such Structures.
5.
Access, if not provided by a public street, shall be provided to the communications tower and communications equipment building by means of an easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length. Access to an easement must be limited by a gate or other means to prevent members of the public from using any part of such easement and failure to prevent such access and/or use by the general public, unless authorized by the Board of Supervisors of the Township shall be considered a violation of this Part.
6.
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
7.
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.
8.
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
9.
In all zoning districts the maximum height of any communications tower shall be 200 feet; provided, however, that such height, may be increased by the Zoning Hearing Board upon consideration by said Board of the following:
A.
Proof from the applicant that all other regulatory approvals have been obtained permitting such height, and that such height is feasible based on sound engineering technology (all preexisting nonconforming Towers will also have to provide this proof before the allowable increase permitted herein if said increase will exceed the 200 feet maximum);
B.
Such height is compatible with the surrounding land uses, and will not have a negative impact on the existing area in terms of noise, potential hazards, illumination, glare, and restrictions to natural light and circulation;
C.
Such height is sustainable in terms of topography, soil conditions and similar physical features;
D.
Such height conforms to the scale, character and exterior appearance of existing structures and uses in the area in which it is located.
10.
The foundation and base of any communications tower shall be set back from a property line (not lease line) the same distance as set forth for the zoning district in which said communications tower is to be located, or 1/2 of the height of the said communications tower or that height which sound engineering requires, whichever is greater.
11.
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
12.
The Communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
13.
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association.
14.
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
15.
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
16.
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
17.
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
18.
Communications towers shall be protected and maintained in accordance with the requirements of the Township of Logan's Code of Ordinances.
19.
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
20.
One off street parking space shall be provided within the fenced area.
§ 1020 Sidewalks.
[Ord. 11-10-05B]
Sidewalks shall be constructed, in accordance with the Township's Subdivision Ordinance, on both sides of all streets of all subdivisions with six lots or more when the development is being served with public sewer. When a development is proposed to be constructed in phases, the number of lots shall be the total for all phases. Sidewalks shall be constructed on both sides of all streets in all land developments. All preliminary and final plans shall include provisions for such sidewalks.