Millcreek Township Erie County
City Zoning Code
City Zoning Code
ARTICLE IV
General Regulations
§ 145-26 General requirements.
B.
Irregular Lots.
(1)
In measuring the depth of a Yard, in cases where the front or rear line is not parallel with the Street line, average dimension may be used.
(2)
In all zoning districts, where Lots front on a cul-de-sac or on a Township Street having a center-line radius of 200 feet or less, the minimum width shall be measured on the Building Line or on the Setback in the absence of a recorded Building Line.
C.
Corner Lots.
(1)
In all zoning districts where a Lot abuts public Streets on more than one side, all frontages must meet the minimum Front Yard Setback as per the regulations of the zoning district.
(2)
On a Corner Lot in a Residential Zoning District, the sum of the required Rear and Side Yards Setback distances may be allocated between the Rear and Side Yards, but at no time may the Side Yard be less than the required minimum Side Yard Setback.
D.
Projections into yards authorized. The following may project into the required yards established in this Section:
(1)
Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers;
(2)
Ordinary projection of chimneys and flues into the rear or Side Yard not exceeding 3 1/2 feet in width and placed so as not to obstruct light or ventilation; and
(3)
Sills, Eaves, belt courses, cornices and ornamental features not wider than 18 inches.
§ 145-27 Accessory uses, buildings and structures.
[Amended 6-25-2024 by Ord. No. 2024-6]
A.
Accessory Uses shall comply with applicable Lot and Yard regulations; provided that only those Setback regulations in this Chapter which expressly refer to or include application to a Structure or to a type of Structure shall constitute "applicable" regulations.
B.
No Accessory Structure shall be constructed upon a Lot until construction of the Principal Structure has commenced and, except as provided elsewhere in this Chapter, no Accessory Structure shall be used for living space.
C.
Unless otherwise provided in this Chapter, Accessory Structures shall meet all applicable Setbacks in the underlying zoning district; provided that in Residential Zoning Districts, an Accessory Structure may be located a minimum of two feet from the Lot's boundary line so long as the Building or Structure is at least 10 feet to the rear of a Dwelling and at least five feet from a porch, Patio or deck attached to the Dwelling. The measurement is to be taken in a radius from the nearest point of the residence. If an Accessory Structure is within 10 feet of a Principal Structure, then it is considered attached and must meet all required Setbacks. See Appendices.
D.
An Open Porch may be erected in a Front Yard, extending for a distance of not more than 10 feet beyond the required Setback, provided that it is located no closer to an adjoining Lot's Property Line than the required width of the Side Yard.
E.
No more than two Accessory Structures having an area of 100 square feet of Gross Floor Area or less shall be authorized on any residential Lot.
F.
All Accessory Structures shall require a Permit, except for one-story detached Accessory Structures with a Gross Floor Area that does not exceed 100 square feet. Accessory Structures that may be exempt from Permit requirements remain obligated to comply with all other applicable Millcreek Township laws and ordinances, including but not limited to Stormwater Management Ordinance, Floodplain Ordinance,[1] and general regulations of this Chapter.
G.
No Use conducted in an Accessory Structure shall violate the Permitted Uses in the district in which the Principal Structure is located.
H.
In all Residential and Mixed Use Zoning Districts, the maximum height of all Accessory Structures on the Lot shall not exceed 20 feet.
I.
A detached private garage or Accessory Structure that is permitted as an Accessory Use in the following zoning districts CR, R1, R2, R3, MU-1, MU-2, I1, and I2 provided that:
(1)
Except as provided in Subsection I(4) below, front, side and Rear Yards at least equal to those required for a Dwelling on the same Lot shall be provided, except that where said detached private garage or Accessory Structure is located at least 10 feet radially (see Appendices) from the nearest point of the Dwelling proper, and at least five feet from a porch or Patio attached to said Dwelling, the minimum Side Yard clearance shall be a minimum of two feet.
(2)
In no case shall a detached private garage or Accessory Structure be located nearer than nine feet to a Dwelling on an adjoining Lot.
(3)
It is not used for Vehicle Sales Rental, Service and Repair. This does not cover repairs to Vehicles owned by the occupant.
(4)
In any zoning district that permits a Multi-Family Dwelling, a detached garage may be erected upon the same Lot as the Dwelling for the housing of Vehicles of those who reside in such Dwellings, provided that none of the garage footprint is located between Dwelling and any Right-of-Way. Such garage must comply with the applicable Rear and Side Yard Setbacks and height requirements for the underlying zoning district.
(5)
An Accessory Structure having an area 100 square feet or less without a permanent foundation shall meet all other requirements of this Chapter.
§ 145-28 Number of structures permitted.
A.
In the R1 or R2 Districts only one Single-Family Dwelling, Detached or Dwelling, Duplex is permitted per Lot or parcel. Any Lot with a Principal Structure under a Permitted Use that is not a Single-Family Dwelling, Detached or a Dwelling, Duplex may have more than one Principal Structure located upon the Lot or parcel, provided that all such Structures conform to all open space, Lot and Yard requirements governing Lots and parcels in the zoning district in which it is located.
B.
In the CR or R3 Districts and all Nonresidential Zoning Districts, more than one Principal Structure may be located upon the Lot or parcel, provided that all such Structures conform to all open space, Lot and Yard requirements governing Lots and parcels in the zoning district in which it is located.
§ 145-29 Buffer yards, landscaping and screening.
[Amended 6-25-2024 by Ord. No. 2024-6; 9-10-2024 by Ord. No. 2024-7]
A.
Intent. The regulations in this Section are intended to encourage preservation of existing trees and vegetation; identify landscape standards and plant classifications; reduce radiant heat from surfaces and conserve energy; to provide shade; reduce wind and air turbulence; minimize potential nuisances such as the transmission of noise, dust, odor, litter and glare of automobile headlights; provide visual buffering and for the separation of spaces; enhance the beautification of the Township; reduce the amount of impervious surfaces and stormwater runoff; safeguard and enhance property values; protect public and private investment and public health, safety and general welfare. Provisions of this Section shall apply and supersede other general provisions of this Chapter, including but not limited to area and Yard regulations.
B.
To minimize potential physical and/or visual conflicts between Uses, Buffer Areas shall be provided in certain situations (see Table IV-1). Buffer Areas shall be required in conjunction with the development of any Lot. Naturally existing wooded or vegetative areas may be able to serve as any of the required Buffer Areas. The Township may require additional plantings to supplement the naturally preserved Buffer Area. Walls or fences can be used as the buffer requirement. See § 145-31 of this Chapter for additional regulations regarding fencing.
Table IV-1: Buffer Areas | |||
|---|---|---|---|
Proposed Development | Required Buffer | ||
Buffer Area A | Buffer Area B | Buffer Area C | |
Multifamily | |||
Adjoining any different zoning district | X | ||
Nonresidential | |||
Adjoining a Residential Zoning District | X | ||
Adjoining the right-of-way (except in PI District) | X | ||
Parking lot (or driveways) | |||
Abutting a right-of-way or lot line | X | ||
C.
Buffer Areas are defined as follows (See Appendices for illustrations of each buffer type[1]):
(1)
Buffer Area A is a minimum of 25 feet wide.
(a)
No Structures or Uses, including but not limited to Buildings, Accessory Structures, parking spaces, and curbs, may be located closer than 25 feet to any front, side or rear Lot Line, except that access drives directly to the Street or adjacent properties, underground Structures, retaining walls, earthen retention systems, natural landscape materials, sidewalks connected to public walks, Signs, and lighting devices may be located in the Buffer Area. The Buffer Area shall follow the entire length of the Lot Line.
(b)
High- and low-level screening are both required and shall be provided in Table IV-2. The low-level screen shall be adjacent to the Lot Line.
Table IV-2: Buffer Area A | |||
|---|---|---|---|
High-Level Screen | Low-Level Screen | ||
Plants | Spacing | Plants | Spacing |
Evergreens 5 to 6 feet high | Intervals of less than or equal to 10 feet | Shrubs or hedges planted at an initial height greater than or equal to 2 feet | Intervals of less than or equal to 5 feet and in alternating rows to produce a more effective barrier |
(c)
The Buffer Area shall be provided on the Lot or parcel. A separate area or open space is not required.
(2)
Buffer Area B is a minimum of 15 feet wide.
(a)
No Structures or Uses, including but not limited to Buildings, Accessory Structures, parking spaces, and curbs, may be located any closer than 15 feet to any front, side or rear Lot Line except that access drives directly to the Street or adjacent properties, underground Structures, retaining walls, earthen retention systems, natural landscape materials, sidewalks connected to public walks, Signs, and lighting devices may be located in the Buffer Area. The Buffer Area shall follow the entire length of the Lot Line.
(b)
High- and low-level screening are both required and shall be provided as follows. The low-level screen shall be adjacent to the Lot Line.
Table IV-3: Buffer Area B | |||
|---|---|---|---|
High-Level Screen | Low-Level Screen | ||
Plants | Spacing | Plants | Spacing |
Evergreens 5 to 6 feet high | Intervals of less than or equal to 10 feet | Shrubs or hedges planted at an initial height greater than or equal to 2 feet | Intervals of less than or equal to 5 feet and in alternating rows to produce a more effective barrier |
(3)
Buffer Area C.
(a)
No Structures or Uses, including but not limited to Buildings, Accessory Structures, parking spaces, and curbs, may be located any closer than seven feet to any front or rear Lot Line, except that access drives directly to the Street or adjacent properties, underground Structures, retaining walls, earthen retention systems, natural landscape materials, sidewalks connected to public walks, Signs, and lighting devices may be located in the Buffer Area. The Buffer Area shall follow the entire length of the Lot Line. To the extent shared parking that crosses a rear Lot Line is approved, the Rear Yard buffer requirements shall not apply to the shared Lot Line.
(b)
No Structures or Uses, including but not limited to Buildings, Accessory Structures, parking spaces, and curbs, may be located any closer than five feet to any side Lot Line, except that access drives directly to the Street or adjacent properties, underground Structures, retaining walls, earthen retention systems, natural landscape materials, sidewalks connected to public walks, Signs, and lighting devices may be located in the Buffer Area. The Buffer Area shall follow the entire length of the Lot Line. To the extent shared parking that crosses a side Lot Line is approved, the Side Yard buffer requirements shall not apply to the shared Lot Line.
(c)
One deciduous street tree with a diameter at breast height of two inches and not less than seven feet high and 10 shrubs greater than two feet in height shall be planted for every 35 feet of linear footage. A minimum of 75% of the ground cover shall be grass within the landscape area along a public road.
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
D.
Buffer Area Maintenance.
(1)
The Buffer Area shall be provided and maintained by the landowner, developer or tenant of the said Lot between any Nonresidential or Mixed Use Zoning District or Use and contiguous residentially zoned districts, except where natural or physical man-made barriers exist that will duplicate the effect of the landscape screen.
(2)
In a Buffer Area, the maximum grade shall not exceed three feet horizontal to one foot vertical.
(3)
All plants not surviving the planting season or subsequent winters shall be replaced.
E.
Parking lot landscaping standards. The following landscaping requirements shall apply to parking lots that accommodate or may accommodate 15 or more parking spaces and are intended to increase pervious surfaces to increase groundwater recharge and mitigate runoff and encourage the planting of appropriate vegetation to enhance the built environment.
(1)
Planting island. One planting island shall be provided for each 15 parking spaces, at a minimum, and at the end of each parking row, unless an End Cap island is required.
(a)
The pervious surface area of each planting island shall be a minimum of 200 square feet.
(b)
Where two or more planting islands are required in a parking row, they shall be placed so that in no instance are the planting islands separated by more than 15 spaces.
(c)
All planting islands shall contain, at a minimum, one deciduous street tree per planting island. The tree shall have a clear trunk at least six feet above the Finished Grade to allow vehicular circulation and visibility beneath the Canopy.
(2)
End Cap planting island. An End Cap planting island shall be required at each end of each row of parking to separate the rows of parking and drive aisles and shall meet all the minimum requirements for planting islands.
(3)
Planting median. A planting median, meaning a strip of land landscaped as required by this subsection, shall be placed between every third Parking Bay of adjacent Parking Bays, at a minimum, to prevent traffic movement across parking aisles.
(a)
All planting medians shall be a minimum of 15 feet wide and may include a sidewalk, where necessary or appropriate for pedestrian circulation.
(b)
All planting medians, at a minimum, shall include the following vegetation:
[1]
One deciduous tree, planted 35 feet on center, in a continuous or staggered row; and
[2]
Ten shrubs for every tree required, planted in rows or clustered groups.
[3]
All planting medians shall contain defined breaks, as necessary, to provide pedestrian circulation between bays of parking. The bays shall allow for handicap accessibility from one side of the planting median to the other and onto any sidewalk located within the planting median.
(4)
Ground cover. In addition to any other required plantings, all parking lot planting areas shall be planted with turf grass, ornamental grasses (not exceeding 24 inches at maturity) or other ground cover plant material. Mulch, stone or similar materials may be used sparingly.
(5)
Pervious surface. In parking lots with an area of 1/2 acre or more, a minimum of 7% of parking lot area must be and remain pervious within the interior of the parking lot.
(a)
Pervious surface calculations shall include all pervious area within planting islands, End Cap islands and planting medians. Sidewalks within a planting median may be included in the pervious surface area calculation for the median.
(b)
To calculate the amount of required pervious surface area, the impervious surface area shall include all parking spaces and drive aisles that access parking spaces.
(c)
If the required minimum number and size of parking lot landscaping areas required above do not result in 7% of pervious surface, the 7% requirement shall be met by increasing the size and number of the required planting islands, End Cap islands or planting medians.
(6)
Except for Lots located in the Presque Isle District, all nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the Right-of-Way line of a public Street or state highway by a planting strip at least 10 feet in depth.
§ 145-30 Exterior lighting.
A.
Intent and purpose. These regulations are intended to maintain ambient lighting levels as low as possible to enhance the Township's community character and maintain dark skies. Area lighting should provide good visibility, minimum glare and minimum spillage onto abutting properties or into the sky. It is the intent of this Section to encourage, through the regulation of the types, kinds, construction, installation and uses of outdoor electrically powered illuminating devices, lighting practices and systems to conserve energy without decreasing safety, utility, security and productivity while enhancing nighttime enjoyment of property and night skies. These regulations are intended to be consistent with the requirements of the National Electrical Code (NEC), as referenced in the International Residential Code and the International Building Code.
B.
Exterior lighting shall be:
(1)
Architecturally integrated with the character of the associated Structures, site design, landscape and zoning districts.
(2)
Directed downward and shielded, or specifically directed to walls, landscape elements or other similar features, so that light is confined with the boundaries of the subject Lot.
(3)
Installed so that lights do not blink, flash or be of unusually high intensity or brightness.
(4)
Appropriate in height, intensity and scale to the Uses and the site they are serving.
C.
Exceptions. The following outdoor lighting is not subject to the provisions of this Section:
(2)
Portable temporary lighting used by law enforcement or emergency services personnel to protect life or property.
(3)
For a Dwelling, Duplex and Dwelling, Single-Family Detached in the CR, R1, and R2 Districts, fixtures containing lamps emitting less than 2,000 lumens (26 watts for fluorescent lighting, 50 watts for high-intensity discharge, 100 watts for incandescent, and 18 watts for LED), provided that the light fixture is fully shielded and properly focused downward to minimize glare and spill light into the night sky and onto adjacent properties and does not exceed a height of 25 feet.
(4)
Streetlights erected on public or private Right-of-Way. Streetlight design shall be in compliance with the Township streetlighting policy.
D.
Lighting standards.
(1)
Parking area illumination levels.
(a)
The minimum maintained illumination requirement is at least one footcandle in the general parking areas as measured at the average distance between any two light fixtures in the general parking area. "General parking areas" are defined as being 80% of a parking lot. The exterior lighting system shall be designed so that it shall not increase illumination by more than two footcandles at abutting Property Lines in the CR, R1, and R2 Districts or increase illumination by more than one footcandle at 20 feet beyond such Property Lines Lighting plans should be designed so that higher traffic areas have sufficient lighting.
(b)
Vertical lamps shall be utilized for lights on poles. Wall-mounted lights may utilize horizontal lamps, provided that they are fully shielded. Lenses shall not protrude below the lamp screening material.
(2)
Entrance lighting. Properties used for multi-family residential and nonresidential purposes shall provide glare-free light fixtures at Building entrances and exits. Nonresidential Uses shall provide for lighting in accordance with this Section at all Vehicle and pedestrian entrances and on-site Vehicle intersections. Entrance lighting may not exceed a height of 12 feet and must be LED or high-pressure sodium. To promote safety, lighting levels at entrances shall be equal to the average level of the associated parking lot.
(3)
Spillover lighting. With the exception of light sources that do not exceed a height of three feet above Finished Grade, light sources must have a full cutoff so as to not direct light skyward, and shall be so arranged by means of filters or shields to avoid directing light onto adjoining properties or Streets. Lighting fixtures shall be properly focused and shielded to minimize spill light and glare onto adjacent properties and into the night sky.
(4)
Height.
(a)
In Nonresidential Zoning Districts, the height of parking lot lighting must be in scale with the Building and Structure heights on the site. The lighting between the Building and the Property Line shall be full cutoff, shielded wall-mounted or shielded freestanding light poles.
(b)
Nonresidential Building-mounted lights may be mounted no higher than 25 feet and must be a full cutoff. Lighting may not be mounted above the roofline.
(5)
Hours of operation.
(a)
All off-Street parking areas associated with multi-family residential, commercial, industrial, and nonresidential Uses shall be illuminated at night. Multi-family residential lighting systems shall provide the full illumination required herein throughout the night hours. Nonresidential Uses shall provide the full illumination required during hours the facility is accessible to customers, employees, and other users with a maximum of 50% of full illumination provided throughout the remainder of the night.
(b)
Outdoor lighting used for illumination for walkways, private roadways and Streets, equipment yards and outdoor security may remain on all night.
(c)
Outdoor lighting used for outdoor sales and eating areas, assembly or repair areas, Signs, recreational facilities and other similar applications shall be off between the 30 minutes after the closing of the business and sunrise. Areas which contain approved permanent outdoor storage may be lighted at 50% of full illumination.
(6)
Permitted lamp fixture types.
(a)
Lighting in parking areas is limited to LED or high-pressure sodium. Metal halide may be utilized to light architectural elements and pedestrian walkways.
(b)
Lighting of Private Recreational Facilities in the Residential and Multi-Family Residential Zoning Districts shall be directed downward and shielded so that light is confined to the recreation facility and within the boundaries of the property. Lights shall only be on when the facility is in use.
§ 145-31 Fences and hedges.
[Amended 6-25-2024 by Ord. No. 2024-6]
Subject to these standards, fences and hedges may be erected along boundaries of a Lot:
A.
A Solid Fence, enclosure wall or similar item shall not exceed six feet, unless it is located in a Commercial, Mixed Use or Industrial Zoning District. A Solid Fence, enclosure wall or similar item shall not exceed eight feet in height in a Commercial, Mixed Use or Industrial Zoning District. Along any Front Yard Street line in any zoning district the maximum height of any Solid Fence, enclosure wall, similar item or hedge in front of the Building front plane shall not exceed four feet. When a fence is within 15 feet of a driveway, Subsection B shall prevail for the height of the fence.
B.
Any Solid Fence proposed in front of the Building front plane that is located within 15 feet of a driveway that intersects a front Property Line or is located within 15 feet of the intersection of two front Property Lines shall not exceed three feet in height above the center line of the adjacent Street surface. (See Appendices).
C.
For purposes of this Section only, the Front Yard for Corner Lots shall be determined by the address of the property.
D.
An Ornamental Fence exceeding the height specified in this Section for a Solid Fence shall have a ratio of solid portion not in excess of one to four.
E.
Whenever a Solid Fence is located in a Residential Zoning District, the finished side of the fence shall face the Street.
F.
Walls and fences constructed in accordance with this Section shall be exempt from front, side, and Rear Yard regulations.
G.
Fences located within the required Setback and associated with Recreation Facilities (Commercial, Private, or Public) may exceed the maximum height for a fence in the Zoning District. At no time shall a fence exceed the maximum Building Height limitation of the Zoning District in which the fence is located.
§ 145-32 Minimum dwelling size.
A.
In an R1 or R2 Residential District, no Dwelling shall be erected, constructed or placed upon a Lot that has a living area per family of less than 900 square feet.
B.
In the CR Conservation Residential District, no Dwelling shall be erected, constructed or placed upon a Lot that has a living area per family of less than 1,200 square feet.
C.
Such living area shall be computed from the exterior dimensions of the Dwelling, exclusive of basement, porches, Patios, decks, breezeways, garages and Accessory Structures or Structures.
§ 145-33 Waste/recycling receptacle screening.
A.
On any nonresidential Premises, receptacles for the storage of municipal waste, recyclable materials or other materials shall be entirely screened or enclosed by an eight-foot-tall complete visual barrier type of fence wall, or hedge.
B.
Servicing of receptacles/compactors. Receptacles and/or compactors for municipal waste, recyclable materials and other materials located on a nonresidential Lot or parcel that is contiguous or adjacent to, or which abuts a residentially zoned property shall not be accessed for pickup, delivery or removal between the hours of 10:00 p.m. and 6:00 a.m.
§ 145-34 Outside storage.
A.
No Lot or parcel shall be used as a storage area for Junk or Abandoned Vehicles, appliances, scrap, recyclable materials, or other materials unless expressly authorized in the zoning district or other approval.
B.
Storage of any materials outside on property which abuts any public Right-of-Way and/or any Residential Zoning District must provide screening at all times parallel to the Right-of-Way and/or Residential Zoning District by means of Solid Fence six feet in height.
C.
Commercial equipment including trucks over one-ton capacity, tandems, tractor-trailers, school buses, tractors or other commercial construction, earthmoving or cargo-moving Vehicles and/or equipment shall not be stored or parked overnight in any Residential Zoning District, provided that pickup trucks and passenger vans in any district and farm tractors and other related farm equipment used for agricultural purposes in the Conservation Residential District are excluded from this prohibition.
§ 145-35 Patios.
Except as otherwise provided in § 145-27D of this Chapter, a Patio or deck constructed at grade level and with no roof or walls may extend into any required Yard Setback; provided that at no time may a roof be constructed over or any walls constructed upon or around any portion of a Patio or deck located beyond a Building Line or Setback. Construction of a roof or walls over or upon a Patio or deck shall not commence without issuance of Zoning and Construction Permits.
§ 145-36 Private swimming pools.
Where permitted, private swimming pools, including aboveground and in-ground pools, shall comply with the following conditions and requirements:
A.
The pool shall be intended and used solely for the enjoyment of the occupants of the property on which it is located.
B.
The pool shall be located only in the Rear Yard or Side Yard of the property on which it is an Accessory Use.
C.
The pool, including aboveground decking or any appurtenance, shall not be closer than seven feet from any side or rear Property Line.
E.
For Corner Lots, the pool shall not be permitted beyond the Front Yard Setback line.
§ 145-37 Storage and parking of recreational and camping vehicles and equipment.
[Amended 6-25-2024 by Ord. No. 2024-6]
A.
Recreational Vehicles, including but not limited to RV homes, travel trailers, camping Vehicles and trailers, pickup coaches, motorized homes, boats and boat trailers, and associated equipment may be stored and parked subject to the following requirements:
(1)
At no time shall parked or stored Recreational Vehicles or associated equipment be occupied or used for living or housekeeping purposes; and
(2)
Parking or storage of Recreational Vehicles and associated equipment shall be limited to the interior of garages or other available on-Lot Accessory Structures, driveways or that portion of the property located behind the front plane of the Principal Structure (see Appendices).
(3)
At no time shall a Recreational Vehicle be permitted to be parked or stored on a Lot without a Principal Structure.
B.
Mobile or manufactured homes may be parked, stored and/or occupied only in Manufactured Home Parks.
§ 145-38 Temporary uses.
[Amended 6-25-2024 by Ord. No. 2024-6]
The following Uses, and only those Uses, are authorized temporarily (for a period from one day to 30 days in any calendar year), subject to the standards set forth below:
A.
Produce, fireworks, agricultural and other related items incidental thereto may be sold at temporary stands on Premises owned by third parties in only the following zoning districts: C1, C2, C3, MU-1, MU-2, I1, and I2, subject to the following requirements:
(1)
An application for Permit must be submitted and a Permit issued by the Zoning Officer prior to commencement of such Use. All information required to meet regulations of this Section must be submitted with the application and any request for renewal or extension of the Permit. Fees established by resolution adopted by the Board of Supervisors for Permits and renewals shall be paid with submission of the application therefor. The Zoning Officer may impose reasonable conditions as are determined by the Zoning Officer to be necessary.
(2)
The stand's operator must have a written agreement with the property's owner authorizing such Use and defining the stand's location on the property.
(3)
Space for off-Street parking must be available to the stand which is acceptable to the Zoning Officer and does not result in the Principal Use of the property not meeting off-Street parking requirements.
(4)
The stand must be located off from a Street or highway to facilitate exit from and entry onto the adjacent Street and ensure there is no parking along such Street.
(5)
Such stand may operate between the hours of 7:00 a.m. and dusk/sunset during the months of June through October.
(6)
Such stand may operate under a Permit issued by the Zoning Officer for a period up to 30 days. One extension of a Permit is authorized, for a period not exceeding an additional 30 days.
(7)
Christmas tree sales may be conducted between Thanksgiving Day and December 25th.