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Lower Paxton Township
City Zoning Code

ARTICLE VII

Standards and Criteria for Uses by Special Exception

§ 203-700 Procedure for uses by special exception.

A. 
Approval of uses by special exception. The Township Zoning Hearing Board shall hear and decide requests for uses by special exception. The Township Zoning Hearing Board shall not evaluate an application for a use by special exception unless and until the following conditions have been met:
(1) 
A written application for approval of a use by special exception is submitted to the Township Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:
(a) 
A development plan, as defined herein.
(b) 
A written statement showing compliance with the applicable express standards and criteria of this section for the proposed use.
(c) 
A map showing and identifying all lots within 200 feet of the property for which use by special exception approval is requested and a list of the names and addresses of the owners of these lots.
(d) 
A traffic impact analysis, if required by the Township SALDO.[1]
[1]
Editor’s Note: See Ch. 180, Subdivision and Land Development.
(e) 
The application fee as required by the Township's adopted fee schedule.[2]
[2]
Editor’s Note: The Township Fee Schedule is on file in the Township offices.
(2) 
A public hearing pursuant to public notice is held by the Township Zoning Hearing Board within 60 days of the date of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by this chapter.
(3) 
In considering an application for approval of a use by special exception, the Township Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions and safeguards, when made part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter.
B. 
Expiration of approval of use by special exception. Approval of a use by special exception shall expire automatically without written notice to the applicant if no application for a grading permit, building permit, or zoning certificate to undertake the construction to authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in their sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be between one month to 12 months extension.
C. 
Expiration of approval of use by special exception granted prior to the effective date of this chapter. Approval of use by special exception granted prior to the effective date of this chapter shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be between one month to 12 months extension.

§ 203-701 General standards for uses by special exception.

A. 
In addition to the specific standards and criteria listed for each use below, all applications for uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
(1) 
The use shall not endanger the public health, safety, or welfare nor deteriorate the environment, if it is located on the site where it is proposed.
(2) 
The use shall comply with the performance standards specified in Article V of this chapter.
(3) 
The use shall comply with all applicable requirements of this chapter governing screening, landscaping, parking and loading, building area analysis, and signs.
(4) 
Ingress, egress, and traffic circulation on the site shall be designed to ensure safety and minimize congestion and the impact on local streets.
(5) 
Site lighting, if proposed, shall be shielded, and reflected away from adjacent residential properties.

§ 203-702 Standards for specific uses.

A. 
In addition to the general standards and criteria for use by special exceptions listed in § 203-701, above, an application for any of the following uses which are listed in any zoning district as a use by special exception shall comply with the following applicable standards and criteria.

§ 203-703 Agricultural operations.

A. 
Agricultural operations shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
All agricultural operations shall provide a setback of at least 150 feet around the entire permitter of the lot.
(2) 
A buffer strip shall be planted with evergreen, shrubs or other screening vegetation measuring 30 feet in width and designed in accordance with the Township's Subdivision and Land Development Ordinance.[1]
[1]
Editor’s Note: See Ch. 180, Subdivision and Land Development.
(3) 
Prior to approval, a hydraulic study shall be completed which must show that the proposed use will not have an adverse impact on the region's water supply.
(4) 
Groundwater monitoring wells, manure lagoon covers and operating plans, including a closure plan, a mortality disposal plan, a dust control plan, and a contingency plan to provide a preplanned response for potential breaches of the manure lagoons or leakage from the manure lagoons, are required to ensure the proposed land development will cause minimal pollution of the air, water, or environs. The developer must provide alternative manure lagoon covers and remedies for odor control for consideration by the Township.
(a) 
All manure lagoons shall be constructed with an impermeable liner and fenced around the perimeter with at least a six-foot-high substantial fence and gates. All lagoon construction plans will be approved by the Township Engineer.

§ 203-704 Asphalt/concrete plant.

A. 
An asphalt/concrete plant shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
If materials are to be stored, they shall be screened sufficiently from adjacent properties and the public ROW.
(2) 
All batch plants (permanent or temporary) shall have an effective dust collection system approved by the Township.
(3) 
The Board of Supervisors requires the use of wheel washers or another means of cleaning trucks/vehicles before entering public streets.
(4) 
Batch plants shall have an approved sediment pond before wash-out water is discharged into any waterway.
(5) 
The Board of Supervisors may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the district or adjacent parcels.
(6) 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.

§ 203-705 Boarding house.

A. 
A boarding house shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Public ingress and egress to the boarding house shall be through one common exterior entrance. Ingress and egress for boarders shall be through common exterior entrances.
(2) 
Entry access to all boarding sleeping rooms shall be through the interior of the building. No exit doors from individual boarding sleeping rooms shall lead directly to the exterior of the building.
(3) 
All required parking shall be located in the rear yard of the lot and screened from surrounding parcels.

§ 203-706 Campground.

A. 
Within a residential district, for each acre of total lot area, there shall be a maximum average of: five recreational vehicle sites (where allowed); 10 tent sites; or cabin sleeping capacity for 20 persons. Such sites may be clustered in portions of the tract. Such maximum density shall not apply within a nonresidential district.
B. 
Retail sales shall be allowed as an accessory use. Within a residential district, any store shall be limited to sales, recreation, household, food, gift and camping items. Within a residential district, any short shall be primarily intended to serve persons camping on-site.
C. 
For a campground, which includes recreational vehicle campground the requirements of the Subdivision and Land Development Ordinance[1] shall also apply.
[1]
Editor’s Note: See Ch. 180, Subdivision and Land Development.
D. 
Minimum lot area of 10 acres.
E. 
All campsites, recreational vehicles sites, and principle commercial buildings shall be set back a minimum of 75 feet from any contiguous lot line of an existing dwelling that is not part of the campground. Within this buffer the applicant shall prove to the maximum extent possible that any existing healthy trees will be maintained and preserved. Where healthy mature trees do not exist within this buffer, and if practical considering soil and topographic conditions, new trees shall be planted within the buffer.
F. 
Buildings used for sleeping quarters shall not be within the 100-year floodplain. See maximum steep slope disturbance provisions in the Subdivision and Land Development Ordinance.
G. 
Maximum impervious coverage is 10%, which shall include the typical lot area covered by recreational vehicles at full capacity.
H. 
No person other than a bona fide resident manager/caretaker shall reside on-site for more than six months in any calendar year. No recreational vehicles shall be occupied on the site for more than six months in any calendar year by any individual or one family, other than a resident manager/caretaker.

§ 203-707 Car wash.

A. 
A car wash shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
(2) 
A 100-foot setback from car wash operations to any residential dwelling unit is required.
(3) 
The definition of a car wash does not include a one-bay washing facility in a service station where washing facilities are purely incidental to the operation.
(4) 
A car wash shall provide a minimum of five stacking spaces per washing bay.
(5) 
Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to ensure that the traffic flow on a public ROW is not endangered in any way. A separate means of ingress shall be established and clearly marked, as shall be a separate means of egress from the car wash. It shall be the responsibility of the owner to avoid any congestion in the public ROW by directing traffic away from the facility by posting a "Temporarily Closed" sign or other means of notification. Traffic studies and associated improvements may be required by the Township as a condition of approval.
(6) 
The car wash shall have direct access to an arterial or collector road as defined by this chapter or shall have a point of ingress/egress from a public or private street within the lot of a shopping center. The road shall have sufficient capacity to handle traffic generated by the facility.
(7) 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of Article V of this chapter.
(8) 
All equipment related to the operation of the car wash shall be properly screened to minimize nuisances to adjoining lots.
(9) 
A car wash that adjoins an existing nonresidential lot shall provide a bufferyard. The bufferyard shall be planted within a combination of deciduous and evergreen trees, shrubs, ornamental grasses, or ground covers as defined by Article V of this chapter. Grass, sod, or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

§ 203-708 Community center.

A. 
A community center shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The community center building shall be located within 100 feet of the property boundary of the principal use location of the organization that runs the community center.
(2) 
The community center structure(s) shall not exceed 3,000 square feet.
(3) 
No noise, music, or other outdoor activity shall be conducted between the hours of 11:00 p.m. and 8:00 a.m.

§ 203-709 Construction related business.

A. 
A construction related business shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
All supplies and equipment shall be stored within a completely enclosed building.
(2) 
Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require an approval of a supply yard as an accessory use.
(3) 
The use shall be accessed directly from an arterial or collector street.

§ 203-710 Convenience store.

A. 
A convenience store shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(2) 
Building and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
(3) 
Buffering of parking and loading areas shall be provided as defined by Article IX of this chapter.
(4) 
A convenience store shall have one point of ingress/egress to an arterial road as defined by this chapter.
(5) 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
(6) 
A traffic impact study shall be required to be submitted where the proposed development, according to the Institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak hour volumes. A description of future levels of service (LOS) and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.

§ 203-711 Correctional facility.

A. 
A correctional facility shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
All applicable county, state, and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the use by special exception application.
(2) 
Lighting shall be required throughout the property for safety purposes. Such lighting shall be oriented away from adjacent properties and shall not exceed two footcandles of illumination at the property boundary line.
(3) 
All structures shall be a minimum of 150 feet from all property lines.
(4) 
Access shall be from the collector street only.
(5) 
An evacuation plan shall be submitted for review and approval by the Board of Supervisors and/or Township Emergency Management Coordinator.

§ 203-712 Day care, adult.

A. 
A day care, adult, shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The facility shall be registered with or licensed by the commonwealth. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning occupancy permit for the use.
(2) 
There shall be provided an adequate area for safe drop-off and pick-up. Areas for drop-off and pick-up shall be safe for vehicle traffic and typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on-site or on the adjacent public streets.
(3) 
These provisions do not apply to home based day cares which are classified as an accessory use.

§ 203-713 Day care, child.

A. 
A day care, child, shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The facility shall be licensed as such by the Commonwealth of Pennsylvania. Proof of this valid license shall be provided to the Township prior to the Township's issuance of a zoning occupancy permit for the use.
(2) 
Ingress and egress to the site shall be designed to ensure the safe dropping off and pick up children. All drop-off locations shall be designed so as to not interfere with the free flow of traffic on adjacent streets.
(3) 
Outdoor play areas shall be provided and shall be secured by a fence, at least four feet in height, with a self-latching gate.
(4) 
Outdoor play areas that adjoin residential lots shall be screened by a bufferyard as defined by Article V of this chapter.
(5) 
Off-street parking shall be provided in accordance with the requirements of Article IX of this chapter.

§ 203-714 Dormitories.

A. 
A dormitory shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Residents shall be limited to students enrolled at the sponsoring associated institution.
(2) 
The service of meals, if provided, shall be limited to faculty, staff, enrolled students, and authorized visitors only.
(3) 
A 20-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures. The fire/emergency access route shall be constructed, at a minimum, of stabilized turf grass.
(4) 
The primary entrance to the dormitory shall be from a private street within the campus of the associated institution.

§ 203-715 Drive-through facilities.

A. 
Drive-through windows and remote tellers shall provide at least 108 feet of stacking space for each facility, as measured from the service window or unit to the entry point into the drive-up lane. Non-food and/or non-beverage businesses may reduce the stacking space to a minimum of 60 feet.
B. 
Each drive-through entrance/exit shall be at least 50 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb-cut on an adjacent property.
C. 
Each drive-through aisle shall be separated from the circulation routes necessary for ingress and egress from the parking the property, or access to a parking space.

§ 203-716 Dwelling types.

A. 
Conversion dwelling units. A conversion dwelling unit shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.
(2) 
Each dwelling unit shall have separate living, sleeping, kitchen, and sanitary facilities.
(3) 
Each dwelling unit shall have a separate entrance, either directly from the outside or from a common corridor inside the structure.
(4) 
Conversion of detached garages or other accessory structures to dwelling units shall not be considered conversion dwellings and shall not be permitted.
(5) 
Conversion dwellings shall provide continuity in architectural design and shall incorporate any proposed construction into the existing structural features.
B. 
Single-family dwellings. A single-family dwelling shall be a permitted special exception use subject to the following express minimum standards and criteria:
(1) 
All open space associated with the development of single-family dwellings within residential subdivisions or plans shall be accessible to the public. Open space areas on parcels that are not part of larger subdivision plans where only one single-family dwelling is to be built do not need to be accessible to the public.

§ 203-717 Emergency services facility.

A. 
An emergency services station shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Ingress and egress to and from an emergency services station shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles existing the property.
(2) 
Emergency services stations shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
(3) 
All buildings and facilities shall be set back at least 15 feet from any property line and 35 feet from a street right-of-way line.
(4) 
Outdoor storage of vehicles and related equipment shall be prohibited.
(5) 
All off-street parking shall be at least 10 feet from adjoining property lines.

§ 203-718 Emergency shelter.

A. 
An emergency shelter shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Ingress and egress to and from an emergency shelter shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles existing the property.
(2) 
An emergency shelter shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
(3) 
All buildings and facilities shall be set back at least 15 feet from any property line and 35 feet from a street right-of-way line.
(4) 
All off-street parking shall be at least 10 feet from adjoining property lines.

§ 203-719 Funeral home/crematorium.

A. 
A funeral home shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.
(2) 
All off-street parking spaces must be provided on-site.
(3) 
Outdoor lighting shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.
(4) 
Off-street parking areas shall be screened with a bufferyard.
(5) 
Building and parking setbacks shall be consistent with the surrounding neighborhood and surrounding developments.
(6) 
All rooms available for funerals and viewings shall be located within the principal building.
(7) 
Dumpsters shall be located in the rear yard setback and shall be screened with a masonry wall.

§ 203-720 Heliport.

A. 
The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.
B. 
For a heliport in the BC Zoning District, the minimum lot area on which the heliport is located shall be not less than 10 acres. The rotor diameter of the largest private helicopter expected to use the heliport shall not exceed 35 feet. Landings and take-offs shall be prohibited between 8:00 p.m. and 8:00 a.m. and on weekend and national holidays are limited to not more than two landings per day.
C. 
The Zoning Hearing Board may place conditions on the size of helicopters, frequency of use, fueling facilities, setbacks and hours of operation to minimize the nuisances and hazards to other properties. Provided that the conditions do not conflict with safety or federal or state regulations, the Zoning Hearing Board may require that the majority of flights approach from certain directions, and not from other directions that are more likely to create nuisances for residential areas.

§ 203-721 Hospital.

A. 
A hospital shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The minimum site area required for a hospital shall be five acres.
(2) 
The site shall be served by public water and public sewer systems.
(3) 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
(4) 
All hospitals shall be licensed by the Commonwealth of Pennsylvania. Proof of all proper permits and approvals must be submitted to the Township.
(5) 
Water pressure and volume shall be adequate for fire protection.
(6) 
Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.
(7) 
The plan illustrating parking and circulation shall be forwarded to the Township Volunteer Fire Department for comments regarding traffic safety and emergency access.
(8) 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
(9) 
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
(10) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning districts shall be reduced to at least 1/2 of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
(11) 
All lot lines adjoining a residential lot or residential zoning districts shall be screened by a bufferyard.
(12) 
The landowner and/or developer shall complete a traffic impact analysis to demonstrate that the Township's roadway network will maintain an acceptable level of service and roadway capacity based upon the proposed development's peak traffic volumes. The traffic impact analysis shall be completed in accordance with the requirements defined in the SALDO,[1] as amended.
[1]
Editor’s Note: See Ch. 180, Subdivision and Land Development.
(13) 
Safe vehicular access and areas for discharging and picking up patients shall be provided.

§ 203-722 Kennel.

A. 
A kennel shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The operator or owner of any kennel must hold all current state and local licenses and permits for the location, activity, and number of animals so specified.
(2) 
The minimum lot area for a kennel shall be two acres.
(3) 
Kennels shall be located within a completely enclosed building and soundproofed to reduce noise impacts on adjacent properties.
(4) 
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be maintained in a safe condition, and shall be secured by a fence with a self-latching gate.
(5) 
Outdoor runs and similar facilities shall be located at least 300 feet from any occupied dwelling on adjoining property and shall be visually screened from adjoining lots with hedging or opaque fencing that is at least eight feet in height.

§ 203-723 Landscaping service center (wholesale).

A. 
A wholesale landscaping service center shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
A business established for the purposes of wholesale landscaping shall have one point of ingress and egress to a public road ROW. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicular.
(2) 
Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited.
(3) 
The storage of combustible materials shall be limited to 25 feet in height with available fire defense measures as approved by the Township Volunteer Fire Department. The storage of noncombustible materials shall be limited to 30 feet in height, in order to minimize:
(a) 
The risk of fire.
(b) 
Visibility from adjacent lots.
(c) 
Noxious odors to adjacent lots and/or ROWs.
(4) 
Site grading shall be completed to ensure that surface run-off is directed away from any and all material storage areas.
(5) 
The owner(s) and operator(s) of a wholesale landscaping service center shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation, and surface water and groundwater contamination.
(6) 
The minimum distance between buildings shall be 30 feet.
(7) 
The maximum length of any building shall be no more than 200 feet.
(8) 
Screen walls.
(a) 
An eight-foot-high screen wall shall be constructed around the perimeter of a storage area if equipment and/or materials are not contained within an enclosed building/area. The screen wall shall be measured from the average grade of the adjacent ground, unless otherwise defined by the Township.
(b) 
The screen wall shall have a minimum opacity of 80% and shall be composed of one of the following.
[1] 
Finished masonry or wood.
[2] 
Black or green vinyl-coated chain link fencing with eight-foot-high evergreen plantings located on the exterior side of the fence, whereas no fence components may be visible from an adjacent lot or ROW.
[3] 
The landowner and/or developer shall provide evergreen plantings with a minimum height of eight feet in quantity and spacing as approved by the Township.
(9) 
No excessive noise, dust, odor, vibration, or light shall be generated to disturb the surrounding neighborhood.
(10) 
No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted, with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.
(11) 
The ground surface of off-street parking shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.
(12) 
The hours of operation for material pick-ups, delivery, outdoor processing, and outdoor manufacturing operations shall be limited to 7:00 a.m. to 8:00 p.m.
(13) 
No more than one identification sign shall be permitted. The identification sign shall be a ground or a wall sign and shall have a maximum graphic area of 40 square feet.

§ 203-724 Library.

A. 
A library shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
(2) 
The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
(3) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning districts shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
(4) 
The site shall be serviced by public water and public sewer systems.
(5) 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.
(6) 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
(7) 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 203-725 Manufacturing facility, heavy.

A. 
All materials and equipment shall be stored within a completely enclosed building.
B. 
The use shall comply with all performance standards specified in this chapter.
C. 
The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.

§ 203-726 Museum/cultural center.

A. 
A museum/cultural center shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning districts shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
(2) 
The site shall be serviced by public water and public sewer systems.
(3) 
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.
(4) 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
(5) 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 203-727 Place of worship.

A. 
Place of worship shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The minimum lot area shall be one acre.
(2) 
A place of worship's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(3) 
A traffic impact study shall be required to be submitted whereas the proposed development which according to the ITE standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes. A description of future LOS and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
(4) 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.
(5) 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(6) 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
(7) 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light, and other disturbances.

§ 203-728 Public utility building and public utility transmission facility.

A. 
A public utility building and public utility transmission facility shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Ingress to and egress from the facility shall be permitted by roads to serve only the public utility building or transmission facility, unless approved by the Board of Supervisors.
(2) 
A non-climbable security fence at least eight feet in height shall be installed around all portions of the facility.
(3) 
Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or Residential Zoning Districts shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Board of Supervisors may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

§ 203-729 Recreation, indoor.

A. 
Recreation, Indoor shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
All indoor recreation facilities shall be located along an arterial or collector road as defined by this chapter.
(2) 
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 11:00 p.m. and shall be screened by a bufferyard.
(3) 
Grass, sod, or turf shall not be considered an acceptable plant for use within the landscaped bufferyards.
(4) 
All off-street parking shall be located on the lot.
(5) 
All lots used for commercial indoor recreation facilities shall have a minimum of two points of ingress and egress.
(6) 
All dumpsters, not incorporated into the principal building, shall be located in the rear yard setback and shall be screened with masonry. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.
(7) 
All indoor recreation facilities shall have a maximum gross floor area of 40,000 square feet.

§ 203-730 Recreation, outdoor.

A. 
Recreation, outdoor, shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
A minimum site size of one acre shall be required.
(2) 
All principal structures shall be located at least 40 feet from any property line.
(3) 
Parking shall be provided in accordance with all parking requirements.
(4) 
Screening via a bufferyard shall be provided along all lot lines adjoining residential use or residential zoning districts.
(5) 
All lighting shall be shielded from adjacent streets and properties.
(6) 
The use shall comply with the performance standards of Article V.
(7) 
Any facility located within 200 feet of a property line adjoining a residential use or residential zoning districts shall cease operations at 12:00 midnight.
(8) 
All ingress and egress to and from the site shall be so situated as not to interfere with through traffic movements on adjacent streets.

§ 203-731 Recycling business.

A. 
A recycling business shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The perimeter of the property shall be enclosed with a fence or wall no higher than eight feet and no lower than six feet in height. Barbed-wire fences are prohibited.
(2) 
Requirements for indoor and outdoor storage are listed in the table below:
Table 1: Recycling Requirements
Type of Recyclable
Under Roof Y/N
Need to be Covered Y/N
Beverage containers
No
No
Demolition debris
No
No
Electronics
Yes
N/A
Metal
No
No
Oil
Yes
N/A
Paper
Yes
N/A
Plastic
No
No
Rubber products
No
Yes
Tires
Yes
Yes
(a) 
Batteries and other items considered hazardous waste shall not be kept on-site.
(b) 
Recycled oil shall be kept in an enclosed container at all times.
(c) 
Any item that would create a hazardous run-off shall be kept under a roof or covered at all times.
(d) 
Items such as newspaper, office paper, plastic, and drinking containers shall be secured so that they are not affected by the wind.
(e) 
No pile of recyclables shall exceed 20 feet in height.

§ 203-732 Restaurant - With drive-through.

A. 
A restaurant with a drive-through shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Drive-through lanes shall be located in the rear of buildings unless the Township determines the drive through lanes located on the side of the building will have less impact on adjacent uses.
(2) 
Drive-through lanes shall be screened from views by landscaping, grading treatments, architectural features, or a combination of the above.
(3) 
A drive-through shall be located so that it does not conflict with pedestrian or vehicular movements.
(4) 
Drive-through lanes shall be distinctly marked by traffic islands a minimum of five feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-through service lane. The Township may consider alternative designs when it is demonstrated that the drive-through is screened from view and that traffic and pedestrian circulation is improved.
(5) 
A drive-through shall have no more than two service lanes and a passage around.

§ 203-733 Retail store (greater than 20,000 SF).

A. 
A retail store greater than 20,000 square feet shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(2) 
Any outdoor storage areas shall be completely enclosed by a security fence and shall be screened by fence or masonry wall which is at least six feet in height and is 100% opaque unless otherwise defined by this chapter.
(3) 
All property lines adjoining residential use or zoning district shall be screened by a bufferyard.
(4) 
Building setbacks shall be consistent with the existing building setbacks of adjoining lots.
(5) 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination on a lot, when adjacent to a residential district, shall be a maximum of one footcandle. Lighting levels shall also be reduced by 1/2 their standard operating power, between 11:00 p.m. and 6:00 a.m.
(6) 
The location and arrangement of parking on a lot shall be designed and constructed so that general safety and circulation is optimized and so that the impact of vehicles and lighting on ROWs or residential activity in proximity to the lot is minimized The Township reserves the right to increase bufferyard requirements, require parking to be located behind the minimum front principal building setback, or to designate other measures on the lot in order to maximize safety and/or minimize impacts to surrounding uses.
(7) 
The site shall be connected to public water and public sewer systems.
(8) 
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
(9) 
The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

§ 203-734 Salvage/junkyard.

A. 
A salvage/junkyard shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The site must be a minimum of 10 acres.
(2) 
The site shall be maintained so as to not constitute a nuisance or a menace to public health and safety.
(3) 
No garbage, organic waste, or hazardous waste shall be stored, buried, or disposed of on the site.
(4) 
The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for fire-fighting and to prevent the accumulation of stagnant water. The proposed layout of the junkyard shall be indicated on the site plan submitted with the application.
(5) 
No junk shall be stored or accumulated, and no structure shall be constructed within 50 feet of any dwelling unit or within 25 feet of any other parcel line or ROW of a public street.
(6) 
The site shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with self-latching gate.
(7) 
The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.
(8) 
No vehicles or material related to the principal use shall be stacked higher than the visual barrier.
(9) 
The Board of Supervisors may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation, and other such matters as they deem necessary to ensure that there is not adverse impact upon the functioning of the district or adjacent parcels.
(10) 
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties and shall not exceed one footcandle.

§ 203-735 Service station.

A. 
A service station shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The standards for "gas/fuel station" in this article shall apply.

§ 203-736 Shopping center.

A. 
A shopping center shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Any shopping center proposed with an anchor tenant space shall provide an outdoor public plaza, open space, or similar pedestrian amenity equal to 5% of the lot area. This required amenity shall be constructed as part of Phase I should the project be constructed in phases.
(2) 
All buildings shall provide a prominent and highly visible street-level doorway or entrance along the front or side of the building which faces a street.
(3) 
Sidewalks shall extend from the main entry point and link to the public sidewalk, if applicable.
(4) 
The street-level facade of any building facing a street shall be transparent (incorporate windows) between a minimum of three feet and eight feet in height for no less than 60% of the horizontal length of the structure facing the street.
(5) 
Surface treatments to create visual interest, such as cornices, brackets, window, and door moldings and details, recesses, projections, awnings, porches, steps, decorative finish materials, and other architectural articulation, shall be required along facades facing streets. At least two such surface treatments must be provided along the facade.
(6) 
Any drive-through proposed with a tenant space shall be designed in accordance with the provisions of this chapter and shall require use by special exception approval for a "drive-through facility" as defined in this chapter.

§ 203-737 Short-term rental, principal.

A. 
A short-term rental shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
A short-term rental shall not have any outside appearance indicated a change in use from the surrounding neighborhood.
(2) 
Applicant shall comply with all applicable tax requirements.
(3) 
Parking shall meet the requirements of Article IX of this chapter. Parking shall be prohibited in any grass or lawn area.

§ 203-738 Stable, commercial.

A. 
A commercial stable shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
The minimum lot size required for a commercial stable shall be 10 acres.
(2) 
One horse or pony shall be permitted on the first three acres of land. One additional horse or pony shall be permitted for each additional acre over three acres.
(3) 
No stables or other buildings in which animals are kept or manure is stored shall be located within 75 feet of any lot line or within 100 feet of any occupied dwelling, other than the stable owner's dwelling.
(4) 
No grazing of any animals shall be permitted closer than 100 feet from any occupied dwellings within the parcel or located on an adjacent parcel, excluding the stable owner's dwelling.
(5) 
The owner or operator shall not permit litter and droppings from the horses or other animals to collect so as to result in the presence of fly larvae or objectionable odors.
(6) 
The area of the lot used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent lots.
(7) 
The primary residence/principal structure on the hobby farm must meet the following lot area and bulk regulations:
(a) 
Minimum lot width: 400 feet.
(b) 
Minimum front setback: 50 feet.
(c) 
Minimum side setback: 100 feet.
(d) 
Minimum rear setback: 100 feet.
(8) 
The minimum accessory building setbacks are the same as the principal building setbacks.
(9) 
Maximum structure height is 35 feet.
(10) 
Maximum lot coverage is 30%.
(11) 
Screening through the use of a bufferyard shall be required around the perimeter of the site.

§ 203-739 Tavern or bar.

A. 
A tavern or bar shall be a permitted use by special exception subject to the following express minimum standards and criteria:
(1) 
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(2) 
The establishment shall not be located closer than 600 feet to another similar existing use except in the TC Zone.
(3) 
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Township may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.

§ 203-740 Vehicle repair garage.

A. 
A vehicle repair garage shall be a permitted use by special exception subject to the following minimum standards and criteria:
(1) 
Such use shall not be located within 100 feet of any lot line adjoining residential use or residential zoning districts.
(2) 
A bufferyard shall be provided along all lot lines adjoining an existing residential use or residential zoning districts.
(3) 
There shall be no storage of parts or dismantled vehicles outside an enclosed building.
(4) 
All repair work shall be performed within an enclosed building, which has adequate ventilation and fire protection provisions.
(5) 
All towed vehicles shall be stored on the premises and no vehicle shall be stored or dismantled on any public street.
(6) 
Vehicles or equipment awaiting repair shall be kept in an enclosed wall or building or in an outdoor area which is screened by an eight-foot-high hedge or opaque fence within a minimum capacity of 80%.
(7) 
The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health and safety.