Loyalsock Township City Zoning Code
ARTICLE II
Use Regulations
§ 215-8 Applicability of regulations.
Except as may otherwise be provided by law or this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in the Table of Uses[1], and for the zoning districts so indicated in Article VII through Article XV. On any property, parcel or tract of land, only one principle use shall be permitted.
[1]
Editor's Note: The Table of Uses is included at the end of this chapter.
§ 215-9 Permitted uses by right; conditional uses; uses not permitted.
B.
Conditional uses. A use listed in Article VII through XV may be permitted as a conditional use with the applicable district, provided that the Board of Township Supervisors grant the conditional use subject to the expressed standards set forth in § 215-12 and Article XVI, and such further conditions that the Board of Supervisors may impose to insure the protection of adjacent uses, or the health, safety or general welfare of township residents.
[Amended 8-12-2003 by Ord. No. 299]
§ 215-10 Uses subject to other regulations.
Permitted uses or conditional use shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements and other matters as established by this chapter.
§ 215-11 Uses not provided for.
In any district established by § 215-12, when a specific use is neither permitted nor denied, the Zoning Hearing Board shall make a determination as to the similarity or compatibility of the use in question to the permitted uses in the district. No zoning permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made.
§ 215-12 Specific and particular use regulations.
A.
Agricultural uses.
(1)
The land use categories within this section are all subject to the following standards:
(a)
Buildings in which animals or poultry are kept shall not hereafter be erected within 50 feet of any lot line.
(b)
Storage of manure or odor or dust-producing substances shall not be permitted within 100 feet of any lot line.
(c)
The use of untreated human sewage as fertilizer is prohibited.
(d)
The use shall not be detrimental to natural features.
(6)
Stable (private or public).
(a)
Minimum lot area: 40,000 square feet for one animal; 20,000 square feet for each additional animal.
(b)
The maximum number of animals shall not exceed three on lots of two acres or less.
(c)
The maximum number of animals on lots greater than two acres but less than 10 acres shall be submitted for review and action by the Board of Supervisors.
(d)
Plans clearly showing the location and type of buildings, fences and yards as well as the type and spacing of plants shall be submitted for review of the Planning Commission and approval of the Board of Supervisors.
B.
Residential uses.
(1)
Townhouse. Townhouse uses shall be subject to the following regulations and standards:
(2)
Garden apartments shall be subject to the following standards:
(a)
Table of dimensional requirements:
Bedrooms | Habitable Square Feet per Dwelling Unit | Lot Area per Dwelling Unit | Parking Spaces per Dwelling Unit | |
|---|---|---|---|---|
0 | 300 | 750 | 1.00 | |
1 | 500 | 1250 | 2.00 | |
2 | 650 | 1450 | 2.00 | |
3 | 850 | 1700 | 2.00 | |
4 | 1100 | 2200 | 3.00 |
(c)
All yard areas shall be maintained in lawns and planting.
(3)
High-rise apartments shall be subject to the following standards.
(4)
Mobile home parks. All mobile home parks shall be installed per Chapter 142, Mobile Homes and Mobile Home Parks.
(5)
Planned residential development. Such developments shall be in compliance with the following requirements:
(a)
The developer shall submit for review by the Planning Commission a plan showing:
(b)
Density.
[1]
Maximum density for one-family structures shall not exceed six dwelling units per net residential acre. Net residential acreage shall not include areas for recreation, parking and circulation, service and slope and stream protection.
[2]
Maximum density for structures designed for two families (including twins and duplexes) shall not exceed eight dwelling units per net residential acre.
[4]
Maximum density for high-rise apartment structures shall not exceed 75 dwelling units per net residential acre. Structures shall not exceed the maximum height of Fire Department vehicle access.
(c)
Overall maximum density: The gross density for the total acreage within the planned development program of a specific developer shall not exceed 20 dwelling units per gross acre.
(d)
Setbacks: All structures shall be set back from public right-of-way lines not less than 30 feet and from all adjacent property lines not less than 50 feet.
(e)
Interior yards: Interior yards and/or structural spacing shall be provided in accordance with the following schedule:
(See Note) | 1 DU Per Structure (feet) | 2 DU's Per Structure (feet) | 3-12 DU's Per Structure (feet) | 13-18 DU's Per Structure (feet) | Over 18 DU's Per Structure (feet) | |
|---|---|---|---|---|---|---|
F to F | 110 | 110 | 110 | 110 | 110 | |
F to S | 50 | 50 | 50 | 55 | 60 | |
F to R | 100 | 100 | 100 | 110 | 110 | |
S to R | 30 | 30 | 30 | 35 | 40 | |
S to S | 15 | 30 | 30 | 35 | 40 | |
R to R | 100 | 100 | 100 | 100 | 100 | |
NOTE: F = Front; S = Side; R = Rear | ||||||
(f)
Lawns and planting: The exterior yard shall be maintained with lawns and planting.
(g)
Recreation/open space areas: Usable open space suitable for use as play areas for children or as outdoor living space for families shall be provided in amounts not less than 500 square feet per dwelling unit for single-family and two-family dwellings and 300 square feet per dwelling unit for multifamily units. In addition to this play area or outdoor living space, public open space amounting to at least 10% of the gross land area of the tract shall be reserved for use as buffers and landscaped areas, wooded areas or other forms of open space, designed to enhance the attractiveness and livability of the development.
(h)
General regulations: Any development plan shall comply with the parking, loading and unloading, highway access, stream protection and any other applicable general regulations of the township.
(i)
Utilities: A development shall be served by a public sewerage system and treatment facility and a public water supply. All plans shall be subject to review and approval by the township and the Pennsylvania Department of Environmental Resources.
(6)
Apartment, conversions shall be subject to the following standards:
(a)
The lot areas shall be not less than as required for garden apartments, as provided in Subsection B(3), in the A-O Apartment Office District.
(b)
The maximum number of dwelling units after conversion is limited to four.
(c)
Each dwelling unit, after conversion, shall contain within the unit complete kitchen, toilet and bathing facilities.
(d)
Fire escapes, where required, shall not be located on any wall facing a street.
(7)
Group dwelling. A permit for a group dwelling may be granted by the governing body after appropriate consideration of relevant factors, including but not limited to the following:
(8)
Apartment(s). A permit for an apartment or apartments may be granted by the governing body after appropriate consideration of relevant factors, including but not limited to the following:
[Added 8-12-2003 by Ord. No. 299]
(a)
Table of Dimensional Requirements:
Bedrooms | Habitable Square Feet (per dwelling unit) | Parking Spaces (per dwelling unit) |
0 | 300 | 1 |
1 | 500 | 2 |
2 | 650 | 2 |
3 | 850 | 2 |
4 | 1,100 | 3 |
(b)
Area and dimensional requirements:
[1]
Maximum building coverage: 50%.
[2]
Minimum yard requirements:
[a]
Front yard depth: 30 feet.
[b]
Side yard depth, each: 10 feet. The side yard may be reduced to any lesser amount if approved by the governing body after review by the Township Planning Commission.
[c]
Rear yard depth: 10 feet.
[d]
Building height limit: 35 feet.
[e]
Minimum lot width: none.
[f]
Minimum lot area: none.
[3]
Vegetative cover or tree planting. No less than 10% of the lot area shall be covered with vegetative matter.
C.
Institutional and recreation uses.
(1)
Recreation facilities (private) shall be subject to the following:
(2)
Nursing or convalescent homes shall be subject to the following:
(a)
No building or structure shall be located within 50 feet of a property line.
(b)
The fifty-foot yard shall be maintained in lawn and planting except where crossed by access drives not more than 35 feet in width. The angle of the road crossing the lot line and yard shall be as close to 90º as possible.
(c)
Screen planting shall be provided when a building is constructed within 100 feet of a property line of a parcel of land that has an existing residential use on it, unless waved by the governing body.
(3)
Rehabilitation homes shall be subject to the following:
(a)
No building or structure shall be located within 50 feet of a property line.
(b)
The fifty-foot yard shall be maintained in lawn and planting except where crossed by access drives not more than 35 feet in width. The angle of the road crossing the lot line and yard shall be as close to 90º as possible.
(c)
Screen planting shall be provided when a building is constructed within 100 feet of a property line of a parcel of land that has an existing residential use on it, unless waved by the governing body.
(4)
Prison.
[Added 8-27-2013 by Ord. No. 356]
(b)
A site plan or land development plan shall be accurately prepared for the proposed use. The site plan or land development plan shall show the location and the dimensions of the prison, off-street parking areas, private entrances, walkways, fencing and landscaping.
(c)
Minimum lot area: 10 acres.
(d)
Minimum lot width: 200 feet.
(e)
Maximum building height: 45 feet.
(f)
Maximum lot coverage: 35%.
(g)
Minimum front yard setback: 200 feet.
(h)
Minimum side yard setback: 200 feet.
(i)
Minimum rear yard setback: 200 feet.
(j)
Setback from sensitive existing land uses: A maximum setback of 1,500 feet, measured from any proposed use site property line, from an existing sensitive uses property line such as any school, licensed day-care, place of worship and/or any other use as may be determined by the Board of Supervisors shall be maintained.
(k)
Utilities: Both public sanitary sewerage and public water service shall be utilized.
(l)
Service roads, access drives, driveways, security perimeter roadways, off-street parking areas, walkways, sidewalks: All shall be paved using portland-style cement concrete or flexible asphalt concrete unless otherwise approved by the Board of Supervisors.
(m)
Buffer yard: A minimum fifty-foot-wide perimeter buffer yard shall be provided and landscaped as required by the Board of Supervisors as part of the conditional use approval.
(n)
Lighting: shall be required and maintained as approved by the Board of Supervisors as part of the conditional use approval.
(o)
Minimum required off street parking: one space per 1,000 square feet of gross floor area for administrative office and service areas, and one space for every 16 inmate beds. (Additional off-street requirements may be applied as part of the conditional use approval, based upon the specific needs of the proposed prison operation. All off-street parking computations shall be reviewed by the Township Engineer subject to the approval of the Board of Supervisors.)
(p)
The applicant shall prove to the satisfaction of the Board of Supervisors that the proposed use will not significantly negatively impact any adjacently bordering residential, commercial or industrial use.
(q)
The applicant shall prove to the satisfaction of the Board of Supervisors that the proposed use will involve adequate supervision and security measures to protect public health and safety. Among other things, documentation of county, state and/or federal approval for the proposed use shall be submitted.
(r)
Emergency action plan: Such plan shall be submitted for review and approval by the appropriate Township officials prior to any conditional use approval by the Board of Supervisors.
(s)
Prior to any approval, at the cost and expense of the applicant pursuant to the Pennsylvania Municipalities Planning Code, as amended, the Board of Supervisors shall secure an expert review of the proposed use as it relates to the conditions found in this section and any other relevant Zoning Ordinance requirements concerning the proposed prison use.
D.
Retail and consumer uses.
(1)
Hotel/motels shall be subject to the following:
(a)
Fifty percent or more of the gross floor area is devoted to sleeping room use.
(b)
Business may be conducted when accessory and incidental.
(c)
There may be club rooms, ballrooms and common dining facilities.
(d)
Such hotel services as mail, telephone and postal services may be provided.
(e)
No building, structure or parts thereof shall be placed closer to any lot line than 30 feet.
(2)
Service stations/car wash facilities shall be subject to the following:
(a)
Driveways shall be located as provided in § 215-45, Design of parking and loading areas and access drives.
(b)
All driveways and service areas shall be paved with a surfacing material as approved by the township.
(c)
Gasoline pump islands shall be set back not less than 12 feet from any street right-of-way line and not less than 15 feet from any lot line other than a street right-of-way line and so located that vehicles stopped for service will not extend over the property line.
(d)
Pump island canopy. A canopy open on not less than three sides may be constructed over the pump island. The edge of the canopy shall be setback not less than 12 feet from any public street right-of-way line.
(3)
Guest house. In determining when to permit a guest house as a conditional use, the governing body shall consider the following:
(a)
Whether the planned development provides for adequate parking for all intended guests and employees.
(b)
Whether the planned development provides for adequate setbacks and screen planting to minimize the impact on the surrounding neighborhood.
(c)
Whether the planned development provides plans to minimize noise, lighting glare, increased traffic and similar impact upon the surrounding neighborhood.
(d)
Whether the planned development is appropriate for the neighborhood within which it is proposed.
(e)
Whether the planned development will adversely impact upon the property value of the surrounding neighborhood.
(f)
Whether the planned development is an appropriate use of the parcel upon which the development is planned.
(4)
Retail delivery businesses shall be subject to the following regulations:
[Added 12-29-2004 by Ord. No. 309]
(a)
One parking stall shall be provided for each delivery vehicle used, stored or parked on the site. Said stalls shall be screened from the public street by enclosing, placement of a six-foot-high evergreen planting, six-foot-high solid fence or other method acceptable to the Township Supervisors. There shall be no more than two delivery vehicles stored or parked on the premises.
(b)
One parking stall shall be provided for each employee, based on a maximum shift load.
(c)
One parking stall shall be provided for each 50 square feet of customer retail area or three parking stalls, whichever is greater.
(d)
Above parking shall be in addition to any parking stalls required by ADA and residential uses on the site.
(e)
All parking stalls and driveways shall be paved regardless of the number of parking stalls required.
(f)
Deliveries to the business site shall be limited to no more than five deliveries a day. All deliveries shall be between the hours of 8:00 a.m. and 6:00 p.m. Monday through Saturday. No deliveries to the site shall be allowed on Sundays. No deliveries shall be made to the site by tractor and trailer vehicles without prior approval of the Board of Supervisors.
(g)
The business shall be limited to the use and storage of no more than two delivery vehicles, which shall be owned by the business or owners of the business. These delivery vehicles shall be trucks or vans having no more than one rear axle and no more than one tire per side upon the rear axle.
(h)
The business shall be operated only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Saturday.
(i)
All rubbish, debris or garbage created by the business shall be kept in a covered disposal container.
(j)
No burning of any kind shall be allowed on the site.
(5)
Sexually oriented businesses.
[Added 12-18-2007 by Ord. No. 321]
(a)
Purpose. It is the purpose and intent of this Subsection D(5) to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of the Township, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the Township. The provisions of this Subsection D(5) have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Subsection D(5) to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.
(b)
Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of Supervisors, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C. , 124 S.Ct. 2219 (June 7, 2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap’s A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben’s Var, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); 181 South, Inc. v. Fischer, 454 F.3d 228 (3rd Cir. 2006); United States v. Antico, 275 F.3d 245 (3d Cir. 2001); Phillips v. Borough of Keyport, 107 F.3d 164 (3d Cir. 1997); Mitchell v. Comm’n on Adult Entertainment Establishments, 10 F.3d 123 (3d Cir. 1993); Ben Rich Trading Co., v. City of Vineland, 126 F.3d 155 (3d Cir. 1997); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Minneapolis, Minnesota - 1980; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997, 2004; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977;; New York, New York Times Square - 1994; and the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Board of Supervisors finds:
[1]
Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.
[2]
Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.
[3]
Each of the following negative secondary effects constitutes a harm which the Township has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the Township’s rationale for this Subsection D(5), exists independent of any comparative analysis between sexually oriented and nonsexually oriented businesses. Additionally, the Township’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the Township. The Township finds that the cases and documentation relied on in this article are reasonably believed to be relevant to said secondary effects.
(c)
Sexually oriented business: For the purposes of this Subsection D(5), sexually oriented businesses shall include, but are not limited to, adult bookstore or adult video store, adult cabaret, adult arcade, adult motel, adult motion picture theater, adult drive-in picture theater, adult mini-motion-picture theaters, adult walk-in picture theater, a sexual device shop or sexual encounter center.
(d)
In order to protect the public health, safety, morals and general welfare of the township, sexually oriented businesses shall not be located within:
[1]
Four hundred feet of any dwelling, duplex, apartment building, motel, hotel, church, school, theater, park, playground, or other areas where minors congregate (Note: A bikeway shall not be considered an area where minors congregate); nor within
[2]
Four hundred feet of any establishment licensed by the Pennsylvania Liquor Control Board to dispense alcoholic beverages.
(e)
For the purposes of Subsection D(5)(d) above, spacing distances shall be measured from the closest exterior wall of the sexually oriented business to the closest exterior wall of the nearest building listed in Subsection D(5)(d)[1] and [2].
(f)
Advertisements, displays, or other promotional materials for sexually oriented businesses shall not be shown or exhibited to be visible to the public from any street, sidewalk or other public place.
(g)
All building openings, entries, exits or windows for sexually oriented business establishments shall be located, covered or screened in such a manner to prevent a view into the interior from any street, sidewalk or other public place. In the case of any adult drive-in or motion picture theater, viewing screens shall be situated to prevent observation from any street, sidewalk or other public area of any nearby pre-existing residential area.
E.
Utilities and vital services.
(1)
Public utility facility. Transformer station, pumping station, relay station, tower (transmission or relay) substation, switching center, sewage treatment plant and any similar or related installation, not including public incinerators and public or private landfills. Buildings or structures erected for these utilities shall be subject to the following:
(a)
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
(b)
Height shall conform to the district regulations.
(c)
Unhoused equipment shall be enclosed with a chain link fence six feet high.
(d)
Housed equipment. When the equipment is totally enclosed within a building no fence shall be required unless a potential hazard is deemed to exist by the township.
(e)
Screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
(f)
The external design of the building shall be compatible with the buildings in the district.
(g)
In residential districts, the permitted public facility shall not include the storage of vehicles or equipment used in maintenance of any utility. No equipment causing noise, vibration, smoke, odor or hazardous effect shall be installed.
(2)
Gas and oil operations are to be developed as follows:
[Added 9-27-2011 by Ord. No. 343]
(a)
Compressor stations, processing plants and metering stations are subject to the following:
[1]
Setbacks. All buildings, equipment or structures, other than fencing, shall have the following setbacks:
[a]
Three hundred feet from any road maintained by the municipality, the county or the State Highway Department (public road).
[b]
Three hundred feet from the property line of any neighboring property owner unless the owner of said land will grant a lesser setback.
[c]
One thousand feet from any residential dwelling building, except that of the owner of the land where the facility will be constructed.
[Amended 3-11-2014 by Ord. No. 362]
[d]
One thousand feet from any school building, hospital building, nursing home building, park, playground or church building.
[2]
Height. The height of any structure or equipment shall not exceed the maximum height limit of the zoning district in which it is located, with the exception of temporary structures or equipment.
[Amended 3-11-2014 by Ord. No. 362]
[3]
Fencing. All facilities shall be protected by a continuous chain-link fence at least eight feet in height with locking gates.
[4]
Screening. A screening of vegetative matter must be maintained around the perimeter of the fenced area. The plant materials used must be a minimum of six feet in height at the time of planting and must grow to a height of at least eight feet and produce an effective minimum screening percentage of 50% by the end of the third growing season. This screening must be maintained at all times.
[5]
Noise. At no point beyond the boundary of the lot lines of any facility shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 55 dBA during daytime hours and 50 dBA during nighttime hours. All compressors must be contained within a building with doors.
[6]
Coloring. All buildings, exposed piping, unhoused equipment and structures shall be painted with nonreflective tones. Colors shall be approved by the Loyalsock Township Board of Supervisors.
[7]
Lighting. All lights located on any site shall be shielded, designed and directed in such a manner so that they do not shine directly onto any public road or adjacent dwellings.
[8]
Tanks. All tanks shall be no higher than 35 feet in height, unless approved to be higher by the Loyalsock Township Board of Supervisors.
(b)
Oil and gas staging facilities shall be subject to the following:
[1]
Fencing. All facilities shall be protected by a continuous chain-link fence at least eight feet in height. Said fencing must be a minimum of 20 feet from the edge of any public road.
[2]
Driveways to access site. All driveways shall be paved for a distance of at least 50 feet from the center line of the public street from which the site is accessed. Said driveways shall be located as required by Article VI, Off Street Parking.
[3]
Parking. Areas used to store equipment and parking for staff and visitors must be covered with stone and kept at all times in a dust- and mud-free condition. The required number of parking stalls shall be determined by the use of each building on the site.
(c)
Water storage facilities shall be subject to the following:
[1]
Any pumps, underground fuel storage tanks and islands, including any canopies, shall be at least 30 feet from any street or lot line. All impoundments, whether intended to contain fresh water only or any other liquid, shall be subject to the Pennsylvania Dam Safety Act[1] and all pertinent federal and state regulations.
[1]
Editor's Note: See 32 P.S. § 693.1 et seq.
[2]
Entrances and exits to streets shall be a minimum of 50 feet from any intersection, as measured from the intersecting right-of-way lines. All entrance driveways shall be paved with material approved by the Loyalsock Township Board of Supervisors for a distance of 50 feet from the public street to prevent stone, soil and dust from being deposited on the public street.
[3]
All aboveground chemical or fuel tanks (except propane tanks) shall be located in a depressed area sized to hold all the tank volume with a one-foot freeboard. Such depressions shall be lined with materials that prevent the chemicals to be stored from soaking into the ground and have a positive drainage to an area for pumping up any spill. The application for a zoning permit and for land development plan approval shall be accompanied by a list of all chemicals and their quantities to be stored on site, and the MSDS sheets for each chemical shall be provided to the Township.
[4]
Chain-linked, barbed-wire topped screening and/or fencing (guy wires not included) is required for high-voltage transformers and any other utility structures or equipment of potential hazard to residents or passersby. Such enclosures shall be screened with hedges.
[5]
Area. The total area of the site shall not exceed 2 1/2 acres of land, not including the area of any access drive to the site.
[6]
Complete site restoration is required within one year following the termination of production or on-site development in accordance with PADEP regulations.
(d)
Oil and gas development shall be subject to the following:
[1]
Seismic testing does not require a zoning permit. Prior to any seismic testing and survey work, effective communication and notice shall be provided to the property owner, at least 30 days in advance, including the approximate schedule for activity on that property. Copies of said communications and notices shall be provided to the Township upon request.
[2]
No well or drilling operation will be allowed within any floodway identified in the Flood Insurance Study (FIS) prepared and approved by the Federal Emergency Management Agency (FEMA).
[3]
Driveways to natural gas wells, oil wells or well pads shall be subject to the following:
[a]
Vehicular access shall minimize danger to traffic and nuisance to surrounding properties.
[b]
All driveways shall be constructed in accordance with § 215-45, Design of parking and loading areas and access drives, of this chapter. Separate permits will be required for the driveway or driveways.
[c]
All driveways shall be paved for a distance of at least 50 feet from the center line of the public street from which the site is accessed.
(e)
Gathering lines shall be subject to the following:
[1]
A zoning/development permit shall be obtained for the construction of the pipelines that deliver the gas or oil from the well sites to any interstate or intrastate transmission line or lines.
[3]
A highway occupancy permit shall be required for the crossing of any state or municipal public road, whether by open cut or boring. The Loyalsock Township Board of Supervisors retains the right to require such crossing to be done by boring when it so deems necessary.
F.
Industrial uses. All industrial uses are subject to the following performance standards. All uses of land, buildings and structures or industrial processes shall be prohibited unless they meet all applicable local, state and federal regulations pertaining to environmental safeguards.
(1)
Extractive operations shall be subject to the following regulations:
(a)
When deemed necessary by the Board of Supervisors in the case of an open excavation, a safety device such as a wall, fence, earth embankment or such other means as may be approved by the Board shall be provided.
(b)
When the operation adjoins or abuts a residential zone, a screen planting may be required by the Board of Supervisors. The screen planting shall be in accordance with the requirements of § 215-17.
(c)
No top of slope or quarry wall shall be nearer than 100 feet to any property line or street line.
(d)
A plan for reclamation of the site shall be submitted for review. Such plan shall take into consideration the following:
(2)
Junkyard. This use shall be subject to the following conditions, as well as those deemed necessary by the Township Supervisors to protect public health and safety:
(a)
Along all lot lines a five-foot-wide buffer strip, including a solid fence or an open fence with plant material shall be placed to create a visual barrier. This barrier shall be placed in accordance with § 215-17, Screen planting.
(b)
When adjacent to a Commercial (C) District boundary, a ten-foot-wide buffer shall be provided pursuant to the standards in §§ 215-16, Buffer yards, and 215-17, Screen planting.
(c)
The presence of a highway, street or other right-of-way shall not lessen the need for buffer yards and screen planting for visual protection.
(d)
The possession, handling and storage of materials in this type of facility shall meet all local, state and federal regulations pertaining to environmental safeguards.
G.
Accessory uses.
(1)
Home occupations and no-impact home-based businesses.
[Amended 3-27-2012 by Ord. No. 347]
(a)
Home occupations shall be subject to the following:
[1]
Permitted home occupations include, but are not necessarily limited to, the following: architect, landscape architect, attorney, clergyman, dentist, dressmaker, engineer, doctor, writer, realtor, insurance agent, accountant and the instruction of not more than two pupils at a time in the arts and music. The Loyalsock Township Board of Supervisors shall have the right to determine if any other use is an acceptable home occupation.
[Amended 9-24-2013 by Ord. No. 359]
[2]
The activity shall not utilize more than 25% of the habitable floor area of the dwelling.
[3]
The exterior appearance of the structure or premises shall be constructed and maintained as a residential dwelling.
[4]
No goods shall be publicly displayed other than a home occupation sign.
[5]
The activity shall not interfere with or compromise neighboring properties.
(b)
No-impact home-based businesses must satisfy the following requirements:
[1]
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
[2]
The business shall employ no employees other than family members residing in the dwelling where the business will be operated.
[3]
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
[4]
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
[5]
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
[6]
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
[7]
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area of the dwelling.
[8]
The business may not involve any illegal activity.
(2)
Residential accessory.
(a)
Residential accessory uses shall include, but not be limited to:
[1]
A utility or storage shed.
[2]
Facilities for domestic servants or caretakers employed on the premises.
[3]
A private swimming pool.
[4]
A detached garage or carport for the storage of vehicles.
[Amended 3-27-2012 by Ord. No. 347]
[5]
A temporary structure used during construction or other special activity.
(b)
Accessory structures, when built on conforming lots, shall be subject to the setback requirements of the district in which they are located except as follows:
[1]
Detached utility or storage sheds, detached private garages and detached carports may be constructed 10 feet from rear lot lines regardless of district setbacks.
[2]
Private swimming pools must be constructed in the rear of the property at a minimum of 15 feet from side and rear lot lines regardless of district setbacks.
(c)
Accessory structures, when built on nonconforming lots, shall be subject to the following:
[1]
The structure or use may only be erected in the rear yard area.
[2]
The structure or use must be located not less than five feet from all lot lines, except a private swimming pool which must be located not less than 15 feet from all lot lines.
[3]
The minimum distance between the main building and the accessory building at any point shall be not less than 10 feet, except that where no windows are located in the opposite wall, the minimum distance may be reduced to five feet.
[4]
A screened porch may be erected in the side yard, provided that it shall not be less than five feet from the side lot line. The screening shall be mesh wire or plastic cloth designed to keep out insects but not the elements.
[5]
A carport may be erected within one of the side yards and shall be located not less than two feet from all lot lines, provided that it is attached to the main structure. Said carport must be open on three sides.
(3)
Satellite antenna dishes shall be subject to the following:
(a)
Apparatus shall only be located in rear yard areas unless the property owner can show the hardship of such a restriction.
(b)
Apparatus must be set back from all property lines at least five feet.
(c)
Apparatus must be screened from public view by surrounding vegetation to the greatest extent without interfering with reception.
(d)
A maximum of one satellite antenna shall be permitted on any lot.
(4)
Garage sales shall be subject to the following:
(a)
Duration. A garage or yard sale shall be limited to a period of four consecutive days or two consecutive weekends. No more than three sales per year are permitted at a single address. Sales shall be restricted to daylight hours.
(b)
Location. Sales shall be confined to the residence, a garage or carport and/or rear yard, and only in such areas. No public rights-of way may be obstructed by the sale.
(c)
Signs. Erection of a sign for the identification or advertisement of a garage or yard sale is permitted in any district, provided that it does not exceed four square feet in surface area. These signs may be displayed up to two weeks in advance of the sale. Such signs must be removed within 48 hours of the completion of the sale. No sign may be secured to a public utility pole by any hard material.
(6)
Development commercial center.
(a)
The purpose and intent of the development commercial center is to provide and require a unified and organized arrangement of buildings, service and parking areas together with adequate circulation and open space, all planned and designed, as an integrated unit, in a manner so as to provide and constitute an efficient, safe, convenient and attractive shopping area to serve the planned residential development requirements and needs as well as those of adjacent areas.
(b)
(c)
The permitted uses designed to serve the neighborhood or development may be constructed, provided that:
(d)
The area for commercial use shall not exceed the following:
Total Area (acres) | Area of Tract for Commercial Use | |
|---|---|---|
25 to 75 | 10% | |
75 to 150 | 8% | |
150 to 250 | 7% | |
250 and up | 6% |
(e)
The permitted commercial structures or uses shall not be constructed in advance of the residential uses and shall at no time exceed the percentage requirements set forth above.
(f)
The permissible lot coverage of commercial buildings in the development commercial center areas shall not exceed 25%.
(g)
The required parking spaces shall be situated on the same lot within not more than 200 feet of the dwelling units to be serviced.
(h)
Buffer yards. Where a commercial area adjoins a residential area within the planned development or in adjacent land around the perimeter of the development, a buffer yard shall be required in addition to the above yard requirements. The buffer yard shall be of a dimension not less than the minimum side yard required for the residential use and shall be covered with ground cover and plantings as outlined in Article III, General Regulations.
(7)
Small wind energy system. All construction, reconstruction, modification or installation of small wind energy facilities shall be in accordance with the following controls.
[Added 2-24-2009 by Ord. No. 331]
(a)
Lot size. The minimum size shall be two acres.
(b)
Height. The maximum height of any tower, inclusive of blade tip shall not exceed 120 feet.
(c)
Setbacks. All towers shall be set back from all lot lines by a factor of 1.1 times the tower height.
(d)
Towers are prohibited from being located in the front yard.