Lower Oxford Township
City Zoning Code
City Zoning Code
PART 12
USE REGULATIONS
§ 27-1200 Applicability of Regulations.
[Ord. 6/24/1987, 6/24/1987, § 1300]
Except as provided by law or in this Chapter 27, in each district no building, structure, or land shall be used or occupied except for the purposes permitted in the zoning districts as indicated in Parts 4-11 herein.
§ 27-1201 Uses Subject to Other Regulations.
[Ord. 6/24/1987, 6/24/1987, § 1301]
All uses permitted by right, conditional use, or special exception shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and such other provisions as specified in other Parts herein.
§ 27-1202 Use Regulations.
[Ord. 6/24/1987, 6/24/1987, § 1302; as amended by Ord. 3-99, 5/12/1999, § I; by Ord. 1-2000, 7/12/2000; by Ord. 2-2002, 6/12/2002; and by Ord. 1-2004, 3/25/2004]
1.
Commercial Cemeteries. A commercial cemetery shall include a burial place or graveyard, including a mausoleum, crematory, or columbarium that grants deeds or rights of burial to plots for a fee, provided:
A.
Cemetery Area and Bulk Regulations.
(1)
The minimum lot size shall be 25 acres.
(2)
No more than 10% of the entire area, to a maximum of five acres, may be devoted to above-ground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, bath houses, greenhouses, work houses, repair shops and the like. This restriction includes parking facilities.
(3)
For all accessory buildings the setback line requirement shall be the same as for single-family detached dwellings in the zone in which the cemetery is located.
(4)
A twenty-foot buffer strip, unoccupied except for landscaping and walkways, shall be provided between any building or burial site and the cemetery property line.
(5)
The side yard for all accessory buildings shall be the same as that required for dwellings in the zone in which the cemetery is located.
(6)
If the cemetery area exceeds 50 acres, one dwelling, to be used for custodial personnel, may be permitted. A one-hundred-foot buffer shall be provided on all sides of the dwelling. If the cemetery area is less than 50 acres, there shall be no dwellings.
B.
Cemetery Design Standards.
(1)
The maximum height of monuments, headstones, grave markers, etc., shall be 10 feet.
(2)
The maximum height of mausoleums, columbariums, and other burial structures shall be 15 feet.
(3)
The maximum height of accessory buildings, including dwelling units where permitted shall be three stories or 35 feet.
(4)
(5)
Where interior roads are provided, they shall be paved according to Township standards and shall have a minimum width of 12 feet if one-way and 20 feet if two-way. There shall be no dead-end roads, unless provided with a paved turnaround having a center-line radius of at least 40 feet.
2.
Shopping Centers. Such use shall include a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria:
3.
Motels. Such use shall include a building or group of two or more detached or semi-detached buildings containing rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers.
A.
The maximum number of such rented rooms shall be 30;
B.
Within all permitted districts:
(1)
Such use shall be located on lots of not less than four acres and shall have a continuous road frontage of at least 300 feet;
(2)
The use must have direct access to a collector or arterial street;
(3)
No building or structure shall be located closer than 75 feet to any structure line or rear property line; and
4.
Convenience Store. Such use shall include a building used for the purpose of retail sales of foodstuffs and dry goods, provided:
5.
Commercial Recreation Facilities.
A.
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
B.
Any structure exceeding the maximum permitted height may be permitted so long as they are set back from all property lines and street right-of-way lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy.
C.
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
D.
Required parking spaces shall be determined based upon a combination of the types of activities proposed and the schedule listed in § 27-1109. In addition, the Board of Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing or other barriers to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
E.
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening of the commercial recreation facility, the supervisors determine that traffic backups are occurring on adjoining road and such backups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise the means of access to relieve the undue congestion.
6.
Mini-Warehouses.
A.
Off-street parking spaces shall be provided according to the schedule listed in § 27-1109 of this Part.
B.
Parking shall be provided by parking/drive lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only, and at least 30 feet wide when cubicles open onto both sides of the lane.
C.
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately-owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially-zoned land and is located behind the minimum front yard setback. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles, trailers or boats.
D.
All storage shall be kept within an enclosed building except that storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage as described in Subsection 6C above.
E.
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, point, paint remover and other flammable materials, the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.
F.
Mini-warehouses shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
(1)
Auctions, commercial wholesale or retail sales or garage/lawn sales.
(2)
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.
(3)
The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.
(4)
The establishment of a transfer and storage business.
(5)
Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
The applicant shall adequately demonstrate that all mini-warehouse rental and/or use contracts shall specifically prohibit these uses. |
G.
The mini-warehouse use shall be completely enclosed within a fence with a minimum height of six feet. The site shall be screened from adjoining residentially zoned properties.
7.
Adult-Related Facilities.
A.
An adult-related facility shall not be permitted to be located within 1,000 feet of any other adult-related facility.
B.
No adult-related facility shall be located within 600 feet of any residentially-zoned land.
C.
No establishment shall be located within 600 feet of any parcel of land which contains any one or more of the following:
D.
The distance between any two adult-related facilities shall be measured in a straight line without regard to intervening structures, from the closest point on the exterior parcel line of each facility. The distance between any adult-related facility and any land use specified in Subsection 7B and C above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior of the adult-related facility to the closest point on the property line of said land use.
E.
No materials, merchandise, film, motion pictures, video-cassettes, slides or similar photographic reproductions offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
F.
Any building or structure used and occupied as an adult-related facility shall be windowless or have an opaque covering over all windows or doors of any area in which material, merchandise, films, motion pictures, videocassettes, slides or similar photographic reproductions are exhibited or displayed and no sale of materials, merchandise or film shall be visible from outside of the building.
G.
No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise, films, motion pictures, videocassettes, slides or other similar photographic reproductions offered therein.
H.
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
I.
No adult-related facility may change to another adult-related facility, except upon approval of an additional conditional use.
J.
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
K.
No unlawful sexual activity or conduct shall be permitted.
L.
No more than one adult-related facility may be located within one building.
8.
9.
Medical Residential Campus.
A.
The campus shall primarily serve the needs of retirement-aged persons. At last one resident of each household shall be at least 50 years of age or possess some handicap that can be treated within the setting like the medical residential campus.
B.
The campus shall achieve a balanced residential/medical environment, which cannot be achieved through the use of conventional zoning techniques.
C.
Residences shall be functionally, physically and architecturally integrated with the medical services and recreational activity centers.
D.
Medical and recreational uses shall be grouped together and located near the population they serve.
E.
The minimum land area devoted to the campus shall be 25 contiguous acres.
F.
All buildings or structures containing nonresidential uses and their off-street parking lots and loading areas shall be set back at least 50 feet from all lot lines.
G.
The maximum permitted overall density is 15 dwelling units per acre. For the purposes of this section, each 1-1/2 care beds associated with the medical use shall be considered a dwelling unit. No more than 80% of the total number of permitted dwelling units shall consist of care beds.
H.
The maximum permitted height is 60 feet; provided, that an additional two feet of required building setback shall be provided for that portion of building height exceeding 35 feet.
I.
No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.
J.
Each off-street parking lot shall provide at least 10% of the total parking spaces as those designated for the physically handicapped. Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings for which they are required.
K.
Only those uses, which provide a harmonious, balance mix of medical, residential and recreational uses, primarily serving the campus residents and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Uses may include, but need not be limited to, the following:
(1)
Dwelling, nursing homes and congregate living facilities for the elderly or physically handicapped.
(2)
Medical facilities including offices, laboratories, clinics, professional or paramedical training centers and ambulatory care facilities.
(3)
Recreational and social uses such as athletic facilities, community center and assembly halls, limited to use only by campus residents, employees or their guests.
L.
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
N.
The tract shall be served by public water and sewage facilities.
10.
Nursing, Rest or Retirement Homes.
A.
The minimum lot area shall be 10 acres.
B.
The tract shall be served by public water and sewage facilities.
C.
Off-street parking lots and loading areas shall be screened from adjoining residentially zoned properties.
D.
At least 10% of the required parking spaces shall be designed for handicapped persons.
E.
At least one resident of each household shall be at least 50 years of age or possess some handicap that can be treated within a setting like a nursing, rest or retirement home.
F.
All buildings or structures containing nonresidential uses and their off-street parking lots and loading areas shall be set back at least 50 feet from all lot lines.
G.
The maximum permitted overall density is 12 dwelling units per acre. For the purposes of this section each two care beds associated with a medical use shall be considered as a dwelling unit. No more than 50% of the total number of permitted dwelling units shall consist of care beds.
H.
No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.
I.
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use and any suggestion that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
11.
Active Adult Residential Development (AARD).
A.
Recognizing the growing need for communities and related facilities geared toward our active adult population, regulations are hereby adopted to permit the development of such communities on tracts of ground with a minimum area of 25 contiguous acres in the C-2 Special Limited Business District and the C-3 Limited Commercial District.
B.
Requirements for Active Adult Residential Development.
(1)
Any tract of land developed under the AARD regulations shall be in single ownership or in the case of multiple ownership, evidence shall be presented in written agreement between the parties involved, and said agreement shall provide that the development shall be in accordance with a single plan with common authority and common responsibility.
(2)
The tract shall be served by public water and public sewage facilities.
(3)
The minimum tract areas shall be 25 contiguous acres.
(4)
At least one occupant of each dwelling unit shall be at least 55 years of age consistent with the provisions of the Federal Fair Housing Act, as amended.
(6)
No more than 60% of the subject tract shall be covered with buildings, parking and loading facilities and/or other impervious surfaces.
(7)
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
C.
Use Regulations.
(1)
Residential. Single-family detached dwellings, single-family attached dwellings, quadroplex dwellings and multifamily dwellings.
(2)
Accessory Uses. Including, but not limited to, community center, nursing facility, medical health center; central dining facilities; administrative offices used in the management of the retirement community and activity, craft, hobby, gift and personal service shops reasonably integrated in the residential community and intended for its exclusive use; recreational vehicle storage areas; maintenance buildings; security/gatehouse; caretaker/groundskeeper living facilities; household swimming pools; hot tubs; decks and patios and accessory utility structures.
D.
Area, Bulk and Density Regulations.
(1)
The minimum tract area shall be 25 contiguous acres.
(2)
The maximum density shall be eight dwelling units per gross acre.
(3)
The tract shall contain a minimum of 10% of common open space.
(4)
The maximum building height shall be 38 feet.
(5)
All structures shall be setback a minimum of 40 feet from exterior streets and property lines.
(8)
Multi-family structures.
(a)
Maximum height: 45 feet.
(b)
Minimum distance from parking areas and/or internal streets: 20 feet.
(c)
Minimum distance between buildings: 20 feet plus two feet for each foot of height in excess of 20 feet with a maximum distance of 50 feet total.
(d)
Minimum distances from exterior rights-of-way and/or property lines: 50 feet.
E.
Development Standards. The following development standards shall govern the design of a community under the AARD:
(1)
General Tract Considerations. Considerations shall be given to protecting and improving aesthetic quality of the tract. Earth moving, including filling, tree clearance and destruction of natural amenities including views shall be minimized. Natural features such as lakes, streams and steep wooded slopes shall be preserved and incorporated into the design of the development wherever possible. The location of trees and other natural features must be considered when planning open space, location of buildings, roads, parking areas, underground services, walks and finished grades. In order to facilitate adequate general tract design the applicant shall prepare a site analysis, including graphic material of the natural conditions of the tract. High quality landscaping shall be regarded as an essential feature of the development. Particular attention should be given to the landscaping of the parking areas and the streets. A plan prepared by a certified landscape architect shall be required as part of the application.
(2)
Common Open Space. Open space shall contain no structures other than those related to the purpose of open space, (i.e., community center and/or community recreation facilities including community center parking facilities) and shall be maintained by the community. The Township shall approve the area and type of open space.
(3)
Parking. A minimum of two off-street parking spaces shall be provided for each residential unit. Parking for community facilities shall be in compliance with § 27-1109, "Off-Street Parking Regulations for Other than Single-Family Residential Uses."
(4)
Sidewalks. Sidewalks along interior streets shall not be required provided an alternative system, designed to connect neighborhoods within the development to the open space and community center facilities, is established.
(5)
Streets. Private interior streets shall have a minimum cartway width of 22 feet. Construction requirements shall be approved by the Township.
12.
Light (Limited) Industry. All uses permitted by special exception, conditional use and by right in the Limited Industrial Zoning District, Part 10, will be permitted as a conditional use in the C-1 Neighborhood Commercial District, the C-2 Special Limited Business District and the C-3 Limited Commercial District. However, in no event shall any commercial composting processing operation be permitted in the C1, C2 or C3 Districts.
A.
Area and bulk regulations shall comply with those of § 27-901 of the C-2 Special Limited Business District.
B.
In the C-1 Neighborhood Commercial District the front lot line shall be set back a minimum distance of 400 feet from the center line of Limestone Road (SR 0010).
C.
In the C-1 Neighborhood Commercial District, an access strip with a minimum width of 50 feet shall provide access to Limestone Road or the lot shall have direct access to a public street. The area of the access strip shall not be used in calculating the lot area.
D.
All manufacturing and storage shall be contained within buildings.
E.
No commercial processing operation shall be permitted in any of the above zones.
13.
Public Utility Office or Operating Facilities. The following criteria shall be used in determining the required minimum lot size:
A. | Front yard setback | 40 foot minimum | |
B. | Side yard setback (both) | 20 foot minimum | |
C. | Rear yard setback | 20 foot minimum | |
D. | All facilities shall be enclosed with a cyclone fence with a minimum height of six feet with a locking gate. | ||
E. | In residentially zoned areas, there shall be buffer planting a minimum of 10 feet in width between the fence and street right-of-way line or the property line | ||
14.
Car Wash. Within the C-1, C-2 and C-3 Commercial Districts a car wash is permitted as a conditional use subject to the following criteria:
A.
Area and bulk regulations shall comply with those of the District in which the use is located except all structures housing washing apparatuses shall be setback 75 feet from any street right-of-way line, 50 feet from any rear property line and 20 feet from any side lot line.
B.
Public sewer and water facilities shall be available.
C.
Each washing bay shall provide one-hundred-foot long on-site stacking lane.
D.
Trash receptacles shall be provided to prevent scattering of litter, and the applicant shall furnish and implement a working plan for cleanup of litter and debris.
E.
A car wash may be considered as an accessory use when constructed on the same lot with an automobile service station or a mini-market which dispenses gasoline. A conditional use application is required.
15.
Regulations controlling agriculture in the form of the preparation of fresh mushroom compost/substrate and the processing of spent mushroom compost/substrate. An owner or operator of a proposed mushroom farming operation, including the production of fresh mushroom compost/substrate and the processing of spent mushroom compost/substrate, shall obtain a Township permit to operate, which the Township shall issue to the owner or operator upon the Township's receipt of proof that:
[Added by Ord. 3-2011, 6/8/2011]
A.
The owner or operator is engaged in a normal fanning operation (as set forth in the DEP's Mushroom Best Management Manual; see Figures 3.1 and 5.1);
B.
Has an approved mushroom farm environmental management plan;
C.
Complies with the best management practices in the DEP's Mushroom BMP Manual; and
D.
If applicable, has an approved farm management conservation plan or nutrient management plan.
16.
Regulations Controlling Solar Energy Systems.
[Added by Ord. 1-2012, 6/13/2012]
B.
Permitting Required.
(1)
All solar energy systems, whether residential and agricultural or commercial, are required to secure a building permit and solar system permit from Lower Oxford Township.
(2)
To the extent applicable, the solar energy systems shall comply with the Pennsylvania Uniform Construction Code, as amended, and the regulations adopted by the Department of Labor and Industry as administered by Lower Oxford Township.
(3)
The Township Code Officer shall, as a part of the permitting process, determine that the proposed size of the solar energy system is consistent with a system to be used only by the residential or agricultural use on the property for said systems.
(4)
The Township Code Enforcement Officer and Building Inspector shall review the plans for a commercial solar energy system to ensure compliance with all area and bulk regulations of the district as a part of the inspection.
C.
Design Standards. The design of the solar energy system shall conform to all applicable industry standards.
D.
Commercial Solar Array. The applicant for a solar energy system - commercial or industrial shall be required to substantiate the impact of the system on stormwater runoff. If the construction of the array will create runoff that is greater than that existing on the site, then in that event stormwater calculations and a proposed plan for controlling the excess stormwater must be submitted to the Township Engineer for review. Any agricultural solar energy system which produces more than 25% in excess of its use on that property shall be treated as a commercial solar energy system and must comply with the regulations contained herein for that purpose.
17.
Regulations Controlling Wind Energy Systems.
[Added by Ord. 1-2012, 6/13/2012]
A.
Wind energy systems, where permitted, are subject to the following regulations:
(1)
The maximum height of a small wind energy system shall be no taller than 160 feet in height.
(2)
The minimum setback for small wind energy system shall be 1.1 times the total height, which shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the neighboring property line.
(3)
All applicable performance standards set forth in this chapter shall apply to and govern the use of small wind energy systems.
(4)
Requirements for the decommissioning of a small wind energy system shall be as established elsewhere in this chapter.