Palmer Township City Zoning Code
ARTICLE VIII
General Regulations
§ 190-801 Principal uses limited; posting of address.
A.
A maximum of one principal use is permitted on one lot, except as specifically permitted by this ordinance, and except for approved multi-tenant commercial and industrial buildings. See § 190-802C, Multiple occupancy.
B.
Every principal building shall post its street number (if one has been established) in such a prominent place that it can be clearly viewed from a public street. Lighting of the street number is encouraged.
§ 190-802 Frontage onto improved streets; number of uses or buildings.
A.
Frontage required onto improved street.
1.
Every principal building shall be built upon a lot with permanent access upon a public street or a private street that is improved to meet Township standards, including a street right-of-way, or for which such improvements have been insured by the posting of a performance guaranty pursuant to the Township Subdivision and Land Development Ordinance. In the case of townhouses or low-rise/garden apartments, this requirement may be met by access onto a parking court which has access onto such street.
3.
If a preexisting lawful lot only has access onto an existing private street that does not meet Township standards and the improvement of that street is reasonably beyond the control of the applicant, the lot may be used for a single permitted by right use, but no new lots shall be created that will not be able to meet this requirement.
B.
Multiple buildings on a lot. An approved commercial, institutional, industrial or garden apartment lot may include more than one principal building. In such case, the minimum front, side and rear yard requirements shall only apply at lot lines of the property. In such case, a twenty-five-foot-wide minimum separation distance shall apply between principal buildings, unless stated otherwise. Individual buildings or portions of such buildings may be held in approved condominium ownership, but the lot shall be owned by a single legal entity.
C.
Multiple occupancy.
1.
A principal commercial or industrial building may be occupied by more than one tenant within a similar general type of use, provided that all requirements of this ordinance are complied with.
2.
Each use within a multiuse building shall be required to apply for separate building and zoning permits through the required processes.
§ 190-803 Height exceptions; airport approaches.
§ 190-804 Special lot and yard requirements, sight distance and buffer yards.
A.
In general.
1.
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this ordinance. This includes, but is not limited to, setback areas, impervious areas and off-street parking areas.
2.
Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles.
3.
Setbacks not applicable. See exemptions for certain airport structures in Article IX, Additional Requirements for Specific Uses.
4.
Accuracy. The applicant is responsible to make sure that all measurements submitted to the Township are accurate.
B.
Exceptions to minimum lot areas, lot widths and yards.
2.
Through lots. Any lot having frontage on two approximately parallel streets (not including an alley) shall provide a required front yard setback abutting each of these streets.
3.
Corner lots.
a.
A setback area equal to the minimum front yard setback shall be provided along all portions of a corner lot abutting any public street, except where the applicant proves to the satisfaction of the Zoning Officer that the provision of a smaller setback of a different yard for a residential building will conform with the clearly prevailing yard pattern on numerous existing developed adjoining lots fronting on the same street.
b.
If a lot is required to provide front yard setbacks along two of four lot lines, then the remaining two yards may be side yards without a rear yard being required.
4.
Projections into required yards.
a.
Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leaders or chimneys or other similar structures that do not include space usable by persons may extend or project into a required yard not more than two feet, except as may be required under a drainage or utility easement.
b.
Front, side or rear porches that are covered by a roof and are not enclosed, and are not raised more than four feet above the ground level may project from the principal building into a required yard setback, provided that the porch does not intrude more than five feet into a required yard and has a maximum width of 10 feet.
c.
Wood deck. Within all residential zoning districts, a raised open primarily wood deck attached to a principal use may project into a rear yard and shall be located a minimum of 20 feet from the rear property line.
5.
Front yard setback exception.
a.
In any district within a block containing a lot proposed for construction or expansion of a building, where 50% or more of the improved lots on such block frontage currently have front yards of less depth than is currently required for that district, and where the clear majority of such lots are already developed, the average of such existing front setbacks shall establish the minimum front yard depth for the remainder of the frontage; provided, however, that an absolute minimum front yard setback of 25 feet shall apply.
b.
In any district within a block containing a lot proposed for construction or expansion of a building, where 90% or more of the lots on such block frontage include existing principal buildings have front yards of greater depth than is currently required for that district, and where the clear majority of such lots are already developed, the average of such existing front setbacks shall establish the minimum front yard depth for the remainder of the frontage; provided, however, that the minimum front yard setback shall not be more than 15 feet greater than what would otherwise apply.
6.
Triangular lots. If a three sided lot does not have a rear lot line, then the required rear yard shall be twice as wide as would otherwise be required and be measured from the corner of the lot farthest from the front lot line.
7.
Septic systems. Nothing in this ordinance shall prevent the Township Sewage Enforcement Officer from requiring a minimum lot area larger than what is stated in this ordinance to carry out state and Township sewage regulations.
8.
Previously approved setbacks. Where a subdivision or land development was granted final approval prior to the adoption of this ordinance, and the lawful setbacks in effect at such time are shown on the approved plans, at the option of the developer, those approved setbacks may apply in place of any revised setbacks in this ordinance.
9.
Electric power lines. See definition of "lot area" in Article II, Definitions. Active recreation facilities shall not be developed immediately beneath electric overhead transmission rights-of-way or easements.
10.
Recreation trail setback. No structure, parking space for a commercial or industrial use or commercial or industrial storage or display shall be located within 20 feet of the lot line of the Palmer Township Bikeway/Recreational Trail.
C.
Sight distance.
1.
At every intersection of a public street, private street, alley, trail, or driveway (residential, commercial, industrial, etc.) with a public or private street, there shall be triangular areas deemed to be clear sight triangles. A clear sight triangle shall be determined by the intersecting street or driveway centerlines and a diagonal line connecting two points, one on each centerline. The distance of each point from the intersection of the street or driveway centerlines, as applicable, shall be as specified by PENNDOT's Intersection Sight Distance, or in the Formula Stopping Sight Distances, in the latest edition of AASHTO "A Policy On Geometric Design of Highways and Streets," as applied by PENNDOT.
2.
There shall be no obstruction of vision between a height of two feet and 10 feet above the centerline grade of the street within the clear sight triangle.
3.
Clear sight triangles shall be graded as necessary and kept clear of any buildings, plantings, or other obstructions.
4.
Paved shoulder areas within any clear-sight triangle shall be designated as "No Parking" areas with appropriate signage and/or curb painting.
5.
Where clear sight triangles would fall on private property, easements shall be granted in favor of Palmer Township to ensure the clear sight triangles are kept free and clear of obstructions.
D.
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations:
1.
Buffer yard width; when required. Buffer yards with evergreen screening shall be required in the following situations, with whichever is most restrictive applying.
a.
A minimum forty-foot-wide buffer yard shall be required between any newly developed or expanded area of an industrial use and any abutting LDR, MDR, or HDR District or existing principal residential use.
b.
A minimum twenty-foot-wide buffer yard shall be required between any newly developed or expanded area of a commercial use and any abutting LDR, MDR, or HDR District or existing principal residential use.
c.
A minimum forty-foot-wide buffer yard shall be required between any newly developed or expanded area of industrial outdoor storage and/or a loading dock routinely used for tractor-trailer trucks or refrigerated trucks and any abutting principal office use, LDR, MDR, or HDR District, public street right-of-way or publicly owned recreation area.
d.
A minimum twenty-five-foot-wide buffer yard shall be required between any townhouse or garden apartment principal building and the lot line of any directly abutting existing single-family detached dwelling.
e.
In any other location where a buffer yard is required by this ordinance, and where such width is not specifically stated, such yard shall have a minimum width of 20 feet.
2.
Location of buffer yards.
a.
The buffer yard shall be measured from the district boundary line, future street right-of-way line or lot line, whichever is applicable.
b.
Plants needed for the visual screen shall not be placed within a future street right-of-way. The required buffer yard width shall be in addition to the required future street right-of-way.
c.
The buffer yard may include areas within a required front, side or rear yard, or a paved area setback area, provided that the larger yard requirement shall apply in case of overlap.
d.
A business use shall not be required to provide a buffer yard for an adjacent residential use or district if the uses/districts are separated by an expressway. However, outdoor storage or tractor-trailer parking adjacent to an expressway shall still provide any required buffer yard and screening.
3.
Characteristics of buffer yards.
a.
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display. No new driveways or streets shall be permitted in the buffer yards except at points of approved crossings for ingress or egress.
b.
Maintenance. In buffer yards, all areas not covered by trees and shrubs shall be well-maintained in an all-season vegetative ground cover and shall be kept free of debris and rubbish and shall be maintained in accordance with Chapter 128, Property Maintenance.
c.
Preservation of existing vegetation or slopes.
i.
If an applicant proves to the satisfaction of the Zoning Officer that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall be permitted to be used in place of planting new plants.
ii.
In such case, the width of the buffer yard required by Subsection D(1) shall still apply.
iii.
If existing vegetation contains invasive plant species, the applicant is required to remove such vegetation and replace with a buffer yard that will meet the planting requirements of this section.
iv.
If this existing buffer is removed, the applicant shall be required to plant a buffer yard that will meet the planting requirements of this section.
d.
Fence. Any fence in a buffer yard shall be placed on the inside of any required evergreen screening.
4.
Plant screen.
a.
Each buffer yard shall include a planting screen of trees or shrubs extending the full length of the lot line.
b.
Each planting screen shall meet the following requirements:
i.
Plant materials needed to form the visual screen shall have a minimum height when planted of four feet, unless otherwise stated in another section of this ordinance.
ii.
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce, within three years, a solid year-round visual screen at least six feet in height.
iii.
The plant screen shall be permanently maintained by present and future landowners. Any plants needed to form the visual screen that are impacted by limb loss, death or removal shall be restored every five months to meet the originally required screen coverage.
iv.
The plant screen shall be placed so that at maturity the plants will be at least five feet from any cartway and will not grow over an exterior lot line.
v.
The plant visual screen shall be interrupted only at:
vi.
Evergreen trees likely to grow substantially in diameter should be planted in two or more rows or offsets if needed to allow space for future growth.
c.
In circumstances where it is impractical to provide plant screening meeting the requirements of this section, the Zoning Officer may approve acceptable alternative methods of screening (such as an attractive visually solid weather-resistant wood fence), provided that the applicant proves such alternative would meet the spirit, objectives and intent of the screening requirements. The applicant shall state in writing the proposed size and materials of any such fence.
5.
Buffer yard plans.
a.
Prior to the issuance of a permit under this ordinance where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
b.
The Zoning Officer shall review such plans to determine that the plans are in conformance with the terms of this ordinance.
6.
Mechanical screening. All outdoor stationary ground level mechanical equipment that is visible from a public street shall be separated by landscaping and/or have an architectural building material screen or covering or design that is harmonious with the building design as seen from the street.
7.
Based upon a review by the Planning Commission, the Board of Supervisors may allow an adjustment in the buffer yard requirements of this section where such requirements are deemed unnecessary because of the location (such as if a steep slope forms a natural buffer) or would create a hardship or where an alternative method of buffering (such as an earth berm and/or solid wood fence) would be more appropriate.
8.
As a condition of approval of a conditional or special exception use or a variance, the Board of Supervisors or Zoning Hearing Board as applicable may require additional screening, additional width and/or a raised earth berm where necessary to prevent a serious threat of incompatibility with neighboring uses.
9.
See paved area screening requirements of § 190-603, Design standards for off-street parking facilities.
10.
Species of plants in screening. Trees and shrubs needed to form a required visual screen shall be only those species within the Township's approved list of plant species, which is held on file at the Township's Office, unless the applicant proves to satisfaction of the Planning Commission that a substitution would be appropriate. A required visual screen shall primarily include evergreen plants. Leafy deciduous plants may be selectively used, provided that their use does not result in significant visual openings during the winter. To promote plant species diversity, at least three different plant species of the following list shall be including in screening.
§ 190-805 Landscaping.
A.
Ground cover and plan required. Any part or portion of a lot which is not used for buildings, structures, loading or parking areas and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan. This landscape plan should include the botanical and common names of the plants to be used, the sizes to be planted and the quantity and spacing of each.
B.
Modifications. Landscaping shall be provided in highly visible areas of the Township, especially along arterial roads. The Planning Commission may allow, with concurrence of the Board of Supervisors, that the specific landscaping requirements be adjusted to allow approximately the same amount of landscaping to be placed in different locations or arrangements or to be of different species than would otherwise be required, if the Township determines that such alternative would be superior in effect. To receive such adjustments, an applicant shall provide a landscaping plan prepared by a registered landscape architect.
C.
D.
Street trees. See Article X of the Subdivision and Land Development Ordinance.[2]
1.
If a Township regulation would require that street trees be placed within a state highway right-of-way, and PennDOT specifically refuses permission for such plantings, or if the Township determines that there are no acceptable locations for street trees within the right-of-way, then the street trees shall be planted immediately outside the right-of-way.
2.
Location. See § 165-73A(8) of the Subdivision and Land Development Ordinance.[3]
[3]
Editor's Note: See Ch. 165, § 165-73A(8), Other requirements, of this Code.
3.
Any street trees planted under or near overhead utility lines shall be of a species with a limited mature height and meet any required utility company setbacks. (NOTE: Recommendations are available from the local utility company).
§ 190-806 Establishment of future/ultimate right-of-way widths for streets.
A.
Purpose. Minimum future/ultimate right-of-way widths are established for streets where the existing right-of-way is less than that indicated in this section for the particular classification of street. These future rights-of-way are designed to reserve adequate rights-of-way for future circulation improvements, including street widenings, intersection realignments and widenings, shoulders, bikeways and sidewalks, and to provide rights-of-way for needed public sewer and water lines and other utilities and drainage improvements.
B.
Measurement.
1.
The future right-of-way shall be measured with 1/2 on either side of the center line of the existing right-of-way. If the existing right-of-way is clearly significantly off-center of the cartway, the center line of the cartway shall be used.
2.
The specific classification of each street is shown on the Township Official Street Classification (do we have one) Map, at the end of this document.
D.
Minimum widths. The following future rights-of-way shall be reserved along each street:
Street Classification | Minimum Future Right-of-Way (feet) |
|---|---|
Major arterial street/expressway | 120 or existing right-of-way width, whichever is wider |
Minor arterial street | 80, except as stated below |
Collector street | 60 |
Local/marginal access/private streets | 50 |
E.
Maintenance. The owner of the adjacent property shall be responsible for maintenance of portions of the right-of-way not used for vehicle cartways.
F.
Modifications of right-of-way width.
1.
The Board of Supervisors may approve a reduction in the minimum future right-of-way where the applicant clearly proves to the satisfaction of the Board of Supervisors either of the following: (revisit)
a.
That the proposed use and/or subdivision is of such low intensity that it will not create any measurable additional impact on the adjacent street system; or
b.
That it would, for practical purposes, be infeasible for the street to be substantially widened at any time in the future because of the existence of substantial existing buildings on the applicable side of such street within close proximity to such street and that the additional right-of-way is not needed for the extension of water and sewer lines.
2.
Rights-of-way shall not be required to be dedicated in specific locations that are presently occupied by buildings that are proposed to remain.
3.
The Board of Supervisors may by resolution or ordinance establish a wider future right-of-way along a specific street than is provided by this section, where the Board of Supervisors determines there is a clear and necessary need for such additional width.
§ 190-807 Right-of-way requirement for industrial and commercial uses.
No industrial or commercial use shall be permitted adjacent to a street designated on the Township Official Street Classification Map as a minor arterial or collector street unless such street has a right-of-way with a minimum width of 30 feet from the center line of said street to the lot line of the proposed use or unless such width will be provided.
§ 190-808 Access onto arterial and collector streets.
To encourage well-planned development fronting onto minor arterial and collector streets (as defined on the Official Street Classification Map and in this ordinance) and to minimize traffic congestion and hazards, the following provisions shall apply to access onto such streets:
A.
Parking, loading and drive-through facilities. See § 190-601, Required number of off-street parking spaces. All off-street parking, loading, vehicle storage and display and associated internal vehicle accessways shall be physically separated from the cartway of a minor arterial or collector street (except at approved perpendicular entrance and exit points) by a raised curb, planting strip, wall or other suitable barrier to prevent unchannelized access onto the street. All parking and drive-through facilities shall have sufficient areas for stacking of vehicles to prevent the "backup" of vehicles onto a public street.
B.
Access points. Each lot with less than 250 feet of frontage on an arterial street shall have not more than one access point involving left-hand turns onto each such street, and no lot with 250 or more feet of total frontage on an arterial street shall have more than two access points involving left-hand turns onto any such arterial street. If a lot has more than one access point, the separation distance between access points should be maximized.
C.
Where practical, access to two or more nonresidential lots should be combined and/or shared and/or coordinated to minimize the number of access points onto an arterial street. Shared parking lots and driveways connecting adjacent nonresidential lots are strongly encouraged. See possible reduction of parking requirements in § 190-601B, Conditional reduction in off-street parking areas.
E.
Larger developments. The following standards shall apply to any development involving three or more principal commercial lots (including, but not limited to, office, service or retail uses) or more than five acres of commercial, garden/low-rise apartment or townhouse uses.
1.
Whenever feasible, each principal building shall have its primary vehicle access onto a service road, marginal access street, common parking lot, common accessway, collector street or other alternative method approved by the Township as opposed to direct vehicle access from each lot involving left-hand turns onto a minor arterial street.
3.
Adequate vehicle access shall be provided to each use without causing undue congestion to, hazards upon or interference with traffic movement on public streets. Uses shall include adequate signalization, turn lanes, stacking areas and deceleration lanes to provide safe and efficient access.
§ 190-809 Nonconformities.
A.
Registration of nonconformities. It shall be the responsibility of a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B.
Continuation. A lawful nonconforming use, structure or lot as defined by this ordinance may be continued and may be sold and continued by new owners. Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
C.
Expansion of, construction upon or change in use of nonconformities.
1.
Nonconforming structures.
a.
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided that:
i.
Such action will not increase the severity, extent or amount of the nonconformity (such as the area of the building extending into the required setback) or create any new nonconformity.
ii.
Any expanded area must comply with the applicable height restrictions and applicable setbacks set forth in the base zoning district in which the nonconforming structure is located and any and all other requirements of this ordinance.
b.
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
2.
Nonconforming lots of record.
a.
Dwellings. In a district in which single-family detached dwellings are permitted, such dwelling and customary accessory structures may be erected on a lawful lot of record after receiving special exception approval, provided that such lot:
i.
Has a minimum width of 60 feet measured at the minimum building setback line, except that the minimum lot width in the LDR District shall be 100 feet.
ii.
Was in lawful existence as of January 15, 1973.
iii.
Was in single and separate ownership from any abutting lot as of January 15, 1973, and as of the present.
iv.
Has a minimum lot area of 12,000 square feet in the LDR District and 6,000 square feet in any other district.
v.
Will comply with minimum setbacks and other requirements of this ordinance for any new construction or expanded area, except for minimum lot depth and those provisions specifically allowed to be altered by this subsection or for which a variance is granted.
vi.
Has minimum side yard setbacks of eight feet each or 10% each of the lot width, whichever is larger.
vii.
If a new principal building will be served by an on-lot septic system, the lot will comply with all state on-lot sewage disposal regulations and shall provide an approved alternative drainfield location.
b.
Integration. Two or more abutting nonconforming lots under common ownership at the time of adoption of this amended section shall be integrated to form a lot that would be less nonconforming. Such integrated lot in common ownership shall not be subdivided, resubdivided or sold in parts using separate deeds to separate owners, unless specifically approved as a subdivision under the Township Subdivision and Land Development Ordinance and in compliance with this ordinance. See § 165-9B of the Subdivision and Land Development Ordinance,[1] regarding resubdivision of lots.
c.
Nonresidential districts. In a district where single-family detached dwellings are not permitted, a single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot of record as a permitted by right use if all of the following requirements are met:
i.
The lot has a minimum lot width of 60 feet.
ii.
The lot width is at least 30% of the required minimum lot width.
iii.
The lot is a lot of record that lawfully existed prior to the adoption of this ordinance or an applicable subsequent amendment.
iv.
Minimum setbacks and other requirements of this ordinance are complied with for any new construction or expanded area.
v.
If a new principal building will be served by an on-lot sewage disposal system, the lot shall comply with all state septic regulations, and shall provide an approved alternative drainfield location.
d.
Modification of setbacks. The Zoning Hearing Board may grant a special exception to reduce the required setbacks concerning construction on a nonconforming lot if the Board determines that such reduction would result in a building that would be more compatible with neighboring residences than would be built if the setback requirement was not reduced.
e.
Variances. If a proposed use on a nonconforming lot does not meet the requirements of the above Subsection C(2)(a), (b), (c) or (d), then the development of the nonconforming lot shall not occur unless a variance is granted by the Zoning Hearing Board. In addition to the standards stated for a variance in the PA Municipalities Planning Code,[2] the Zoning Hearing Board shall also review whether any alternative permitted uses could reasonably be made of the property that would have less significant adverse impacts upon the established character of an existing residential neighborhood. The full burden of proof shall be upon the applicant to prove that the lot is a lawful lot of record, the variance standards are met, and the provisions of this Subsection C are complied with.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
3.
Expansion of nonconforming nonresidential uses. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
a.
An expansion of a total of more than 5% in total building floor area in any five year period shall require special exception approval from the Zoning Hearing Board under Article I, General Provisions and Administration.
b.
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
c.
The total building floor area used by a nonconforming use or the total area covered by impervious surfaces of a nonconforming use shall not be increased by greater than 50% beyond each such measurement that existed in such use at the time such use became nonconforming. This maximum increase shall be measured in aggregate over the entire life of the nonconformity.
d.
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this ordinance, unless the Zoning Hearing Board grants a variance.
4.
Expansion of nonconforming residential uses. An existing nonconforming residential use may be expanded in floor area as a permitted by right use, provided that:
D.
Damaged or destroyed nonconformities.
1.
Except as provided for in Subsection D(3) and J below, a nonconforming structure that has been destroyed or damaged equal to 50% or more of its total value by fire, windstorm, lightning or a similar cause deemed to be not the fault of the owner may rebuild in a nonconforming fashion only if the application for a building permit is submitted within 18 months after the date of damage or destruction, work begins in earnest within 12 months after issuance of a building permit and no nonconformity is created or increased by any reconstruction.
2.
Submittal. Rebuilding of a damaged or destroyed nonconformity shall not begin until plans for rebuilding have been presented to and approved by the Zoning Officer. Any change of one nonconforming use to another nonconforming use shall comply with the provisions of this section.
3.
Agricultural. Nonconforming agricultural structures on farms may be reestablished or reconstructed as a permitted by right use if damaged or destroyed, without a time limit.
E.
Abandonment of nonconformity.
1.
If a nonconforming use of a structure or land is discontinued, razed, removed or abandoned for 12 months or longer, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
2.
The applicant shall be responsible to provide evidence that the nonconformity was not abandoned.
F.
Changes from one nonconforming use to another.
1.
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
2.
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board. The Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equally or less objectionable in external effects than the preexisting nonconforming use with regard to:
a.
Traffic generation (especially truck traffic).
b.
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire and explosive hazards.
c.
Amount and character of outdoor storage.
d.
Hours of operation if the use would be close to dwellings.
e.
Compatibility with the character of the surrounding area.
G.
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
I.
Building permits and nonconformities. When an active building permit has been lawfully issued prior to the adoption of a section of this ordinance that makes such activity nonconforming, such use, lot or structure shall be regulated under the applicable nonconforming regulations, provided that such construction is completed within a maximum of 12 months of the issuance of such permit.
J.
Nonconforming use of open land. If a nonconforming off-premises junkyard, outside storage area or similar nonconforming use of open land is discontinued for 90 days or more, or is damaged or destroyed to an extent of 50% or more of replacement cost, such structure or use shall not be continued, repaired or reconstructed.
§ 190-810 Temporary structure or use.
A.
Tents and membrane structures.
1.
In addition to the special exception procedure provided for in this section, the Zoning Officer may allow the temporary erection of a tent, membrane or similar temporary structure that is not totally enclosed for a maximum of seven days in any four-month period for clearly routine customarily accessory uses such as a wedding in the rear yard of a dwelling, a festival by a place of worship or a special sale within the lot of a lawful commercial use.
2.
The Zoning Officer may allow the temporary erection of a tent, temporary storage structure, membrane structure or similar temporary structure for a period of up to a maximum of 180 days in any given calendar year, for clearly routine customary accessory uses.
3.
All tents, membrane structures, temporary storage structures, or similar temporary structures to be erected for a total of more than seven days shall require the submission of a site plan and an application for a zoning permit. The fee shall be established by resolution of the Board of Supervisors. Such structure shall comply with all applicable Palmer Township Code requirements.
B.
Removal. If the structure or use is not removed in a timely fashion after proper notification, the Township may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.
C.
Conditions. The temporary use or structure shall be compatible with adjacent uses and clearly be of a temporary nature. Clearly customary and incidental accessory uses to a lawful permitted use are permitted (such as festivals at a place of worship).
D.
Construction vehicle parking and temporary offices. The parking of construction vehicles and temporary construction offices on a site that is necessary for the actual construction on the same lot or tract that is actively underway is permitted by right, provided that such vehicles or offices shall be removed immediately once the type of construction they relate to is completed or suspended.
E.
Food carts. A permitted principal commercial use on lots of more than 20,000 square feet may include the temporary use of a food and nonalcoholic beverage cart for on-site sales, provided that the following requirements are met:
F.
Other temporary uses by special exception. A temporary permit may be issued by the Zoning Hearing Board as a special exception for structures or uses, other than those types listed as permitted by right in this section, subject to the following additional provisions:
1.
Duration. The Zoning Hearing Board shall establish a limit on the duration of the use. In most cases, a temporary approval should have a maximum term of no longer than two years. In the case of a special event, except under special circumstances, this term should be a maximum of six days in any sixty-day period. The Zoning Hearing Board may grant a single approval once for numerous occurrences of an event.
2.
Fee. Either the Zoning Hearing Board or the Board of Supervisors may waive and/or return the required application fee if the applicant is an Internal Revenue Service recognized and well-established nonprofit organization, and the applicant clearly shows that the proposed use is temporary and will be used to clearly primarily serve a charitable or public service purpose.
3.
Nonprofit. Only a well-established and Internal-Revenue-Service-recognized nonprofit organization proposing a temporary use to clearly primarily serve a charitable or public service purpose shall be eligible to receive approval for a commercial use in a district where that use is not permitted.
4.
Special events. For a new special event (not including annual reoccurrences of a previously held event) that will attract significant numbers of the public, the Zoning Hearing Board shall deny the use if it determines that the following will not be generally appropriate: sanitary and water service, traffic control, off-street parking and protection of the public health and safety.
§ 190-811 Site plan review procedures for specific uses.
A.
When site plan required. A site plan review by the Planning Commission and Board of Supervisors under this section is required for any of the following uses unless the physical layout of the principal building(s) and use will be approved under the Subdivision and Land Development Ordinance.[1]
1.
Any aggregate expansion of more than 2,000 square feet in the floor area of a structure. Aggregate calculation of expansion shall begin upon adoption of this amendment or December 31, 2001, for all structures of the following types:
[Amended 12-17-2001 by Ord. No. 2001-311]
2.
Any new or expanded paved area of greater than 5,000 square feet.
3.
Conversion of a noncommercial or nonindustrial building to a new principal commercial use.
4.
Any change from one commercial or industrial use to a different commercial or industrial use that would require the addition of 15 or more off-street parking spaces beyond what would have been previously required.
5.
Any conditional use, except a routine replacement of one commercial use by another commercial use of similar intensity, within an existing building and using existing parking.
B.
Site plan procedures. The following procedures shall be followed for any use required to be reviewed under this section:
1.
Submission. Four complete copies of any required site plan shall be submitted to the Township. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this ordinance. A minimum of one copy shall be retained in Township files. The site plan shall include the information listed in Subsection C below. The Zoning Officer shall seek a review by the Township Engineer if engineering matters are involved.
2.
The Zoning Officer shall review the site plan and provide review and comments to the Board of Supervisors and Planning Commission.
C.
Submission requirements for site plan review. The following information, as applicable, shall be submitted by the applicant for any conditional use or any use required to submit a site plan under this section.
1.
A statement describing the proposed use, including proposed maximum hours of operation, maximum number of employees on each shift and the proposed use.
2.
Layout. A site layout drawn to scale (preferably one inch equals 50 feet) showing the location, dimensions and area of each lot; the location, dimensions and height of proposed and any existing structures; the required setback areas; the proposed density of residential uses; the location and width of proposed or abutting streets; and the proposed areas to be used for different purposes within the development, including outdoor storage or display areas. If the plan involves one phase of what eventually may be a larger development, then the interrelationships of those phases shall be shown.
3.
Landscaping and tree preservation.
a.
The width of any buffer yard and the heights, spacing and general species of plants to be used for screening.
b.
General numbers, locations and types of landscaping to be provided in off-street parking lots, along streets and in other areas.
4.
Parking. The locations and numbers of parking spaces; the location and widths of aisles; the location and sizes of off-street loading areas. The method of calculating the off-street parking requirement, based upon § 190-601, Required number of off-street parking spaces.
5.
Lighting and signs. The height, location and approximate intensity of exterior lighting. The sign area, height, location and general method of lighting of signs.
6.
Sidewalks. The location of any proposed sidewalks (with width) and curbing.
7.
Utilities. A note stating the general proposed method of providing sewage disposal and water supply (such as "public water and public sewage services").
8.
Nuisances and safety. A description of any proposed industrial or commercial operations or storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large trucks, glare, air pollution, odors, dust, fire or toxic or explosive hazards or other significant hazards to the public health and safety, together with proposed methods to control such hazards and nuisances.
9.
Grading and stormwater.
a.
Proposed and existing contours if earth disturbance is proposed.
b.
Identification of any slopes between 15% and 25% and greater than 25% proposed to be impacted.
c.
Proposed method of managing stormwater runoff, complying with Chapter 158, regardless of whether the application would be a subdivision or land development.
d.
Delineation of any floodplains from the Official Floodplain Maps.
e.
Areas of wetlands that may be affected by the proposed use.
f.
Concentrations of existing mature trees.
10.
A location map showing the relation of the project to surrounding streets; and approximate lot lines of abutting lots within 50 feet of the project, with identification of abutting land uses.
11.
Zoning district and major applicable requirements.
12.
Name, address and professional seal (if applicable) of the person who prepared the site plan, the applicant and the owner of record of the land.
13.
Such other data or information as the Zoning Officer deems is reasonably necessary to determine compliance with Township ordinances.
D.
Site planning guidelines. The following advisory guidelines are intended to assist applicants and the Township in developing well-planned developments.
1.
Natural features. Seek to minimize grading changes and removal of mature trees. Seek to preserve the natural beauty of highly visible areas. Seek to preserve land along creeks and steep hillsides.
2.
Circulation. Seek to separate pedestrian circulation from major routes of vehicle traffic. Minimize the number of access points along major roads. Avoid parking spaces backing into through traffic routes. Ensure adequate capacity of driveways and drive-through lanes to avoid traffic backing onto streets.
3.
Utilities. Seek to place as many utility lines as possible underground.
4.
Signs. Seek to minimize the lighting intensity of signs. Seek to avoid signs with overly bright, less attractive colors. Consider use of ground-mounted or wooden signs.
5.
Compatibility. Seek to locate noisier and less compatible uses (such as loading docks) as far away from homes as possible. Seek to screen out views of less attractive activities from streets and homes.
E.
Improvement requirements. Any use required to submit a site plan under this section shall comply with Article X of the Subdivision and Land Development Ordinance, entitled "Design Standards and Required Improvements,"[2] regardless of whether the site plan involves a subdivision or a land development.
§ 190-812 Minimum size of dwellings.
Each dwelling unit shall include a minimum of 1,000 square feet of habitable, indoor, heated floor area, except such floor area may be as follows:
§ 190-813 Traffic impact study.
A.
Intent: to allow the Township to determine the safety and congestion impacts, and related costs, of proposed major traffic generating uses; to require that applicants respond with proposals to resolve the negative traffic impacts that their proposed uses will cause on the public; and to recognize that sufficient federal, state and municipal funds are not available to resolve traffic problems caused by private development.
B.
Uses requiring traffic study. Any application for any of the following new uses or expansion of existing uses shall be required to complete a traffic study and include the findings in a written report. Such requirement and report shall be based upon the aggregate total development that can reasonably be expected in all phases of a development.
1.
Residential: 80 or more new dwelling units.
2.
Commercial: 20,000 square feet or more of new or additional total floor area.
3.
Office: 30,000 square feet or more of new or additional total floor area.
4.
Industrial: 60,000 square feet or more of new or additional total floor area or any truck terminal.
5.
Institutional: 30,000 square feet or more of new or additional total floor area.
6.
Any use or combination of uses that would generally result greater than 1,000 trips per day.
7.
Such uses where the Board of Supervisors determines that a traffic study is needed to address a clearly accident-prone location.
C.
Timing. Any required traffic study shall be submitted at the same time or earlier as any preliminary plan, special exception, conditional use or construction permit application, whichever is submitted earliest.
D.
Costs. The full costs of completing the study and of a review by the Township Engineer or other Township representative shall be borne by the applicant.
E.
Study area. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Township Engineer to establish the area to be studied. This area shall be limited to streets and intersections within a maximum of one mile of the proposed project boundaries, except for a use of more than 200,000 square feet of commercial floor area or any use projected to generate more than 3,000 trips per day which shall have a maximum study area of one mile from the project boundaries.
F.
Joint studies. Joint traffic studies between different applicants are strongly encouraged.
G.
Fees. In place of individual traffic studies, the Township Supervisors may require that an applicant provide a fee in lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Supervisors.
H.
Project description. Any study shall include a description of the proposed development, its proposed access and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed and shall be taken into account.
I.
Existing traffic conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours shall be presented for all streets and intersections in the study area that can reasonably be expected to be significantly impacted. Traffic volumes shall be based upon actual counts that occurred within the prior two years, and not upon state estimates. The locations of all accidents reportable to the State Police within the study area during a recent two-year period shall be noted.
J.
Expected traffic generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity, unless the applicant provides the Township with estimates and supporting documentation based upon actual traffic counts of closely similar developments in Pennsylvania or New Jersey.
K.
Projected effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from a municipality. The study shall project a.m. and p.m. peak hour traffic volumes and levels of service on impacted intersections and streets. If the traffic generation by the development would be more than 50% greater during any hour other than the a.m. or p.m. peak hour on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards.
L.
Levels of service. The study shall estimate the levels of service (A, B, C, D, E and F), for key traffic movements, including turning movements, following the standards of the U.S. Department of Transportation.
M.
Signal warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria. Existing traffic signals that are significantly impacted shall be studied to determine whether they are in need of upgrading.
N.
Needed improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next four years. The study shall include suggestions for how each congested or hazardous intersection in the study area should be improved to reduce the hazard or congestion and a rough estimate of the cost of that improvement.
O.
Applicant's response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged in relation to the stages of the development. The applicant may also agree to commit towards the long-term support of a program to reduce peak-hour traffic by private vehicles through programs such as van pooling, support of mass transit or staggered work hours in place of certain structural improvements.
P.
Completion of improvements. Any traffic improvements that are required as a condition of any approval under this ordinance or the Subdivision and Land Development Ordinance shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit, or within a staged process agreed to at the time of approval.
§ 190-814 Stormwater management.
§ 190-815 Recreation land, open space and fees requirements.
See the requirements of the Township Subdivision and Land Development Ordinance. The preexisting recreation fee regulations of this section shall continue to be in force for any use granted a zoning permit or building permit at the time such regulation was in effect.
§ 190-816 Industrial and commercial driveways.
A driveway or accessway serving a principal business use shall be deemed to be integral with such use and shall not be a permitted use in a residential district. This restriction shall not apply to a driveway or accessway that will be clearly limited to use by only emergency vehicles.
§ 190-817 Outdoor storage.
A.
Outdoor storage of recreational vehicles and trailers.
1.
There may be a maximum of one recreation vehicle or trailer stored outdoors on a lot. Such recreational vehicle or trailer shall be licensed, uninhabited, in transportable condition, and meet the following limitations:
a.
Recreational vehicles shall be parked entirely behind the front face of the principal building.
b.
If such lot is a corner lot, the recreational vehicle or trailer shall not be parked on either side of a principal building abutting a public street.
c.
Such recreational vehicle or trailer shall not be parked on the grass or dirt of a lot without a Township-approved surface underneath the recreational vehicle or trailer (ex. stone, patio pavers, etc.).
d.
At no time shall such parked or stored vehicles be occupied or used as a dwelling.
e.
The parking and storage of recreational vehicles and trailers shall be prohibited within the right-of-way of any public street.
f.
Recreational vehicles and trailers of any size shall not be parked within eight feet of any property line.
B.
Outdoor storage of portable storage units and dumpsters.
2.
The storage of portable storage units and/or dumpsters shall be prohibited within the right-of-way of any public street.
3.
Portable storage units and/or dumpsters shall not be stored within a front yard or within a portion of a driveway located in front of the principal building front facade.
4.
Portable storage units and/or dumpsters shall not be stored during a period greater than 90 days, except in cases in which a single building permit for the property actively extends beyond this time period.
5.
Portable storage units and/or dumpsters shall not exceed a coverage area greater than 25% of the lot's building coverage percentage.
C.
Outdoor storage of cargo containers.
1.
The storage of cargo containers shall only be permitted within industrial zoning districts.
2.
Except with the original and ongoing use for intermodal shipping of goods or commodities, no cargo containers may be stacked upon other containers outdoors.
3.
The height of stacked cargo containers shall not exceed the maximum height for accessory structures permitted in each zoning district.
4.
The storage of cargo containers shall be located behind the principal building's rear facade.
D.
Outdoor storage within nonresidential zoning districts.
1.
No outside industrial storage shall be located:
2.
Size. The use shall occupy an area less than 1/2 the existing building coverage.
3.
Outdoor storage within off-street parking areas located between the front yard setback line and the front face of the principal building shall be permitted at the following ratio:
a.
One parking space (or 162 square feet) used as storage area for every 3,000 gross square footage of the principal building.
b.
The perimeter of such storage areas shall be roped-off to clearly delineate parking from storage areas.
c.
Outdoor storage shall not occur within nine feet of any active parking spaces.
d.
Outdoor storage shall not block sight lines at intersections of nearby vehicular or pedestrian circulation routes and shall be located in a manner as to minimize potential traffic or pedestrian safety issues.
4.
Tires. No lot shall include more than 5% of the total lot area in the storage of vehicle tires. No pile of tires shall reach a height greater than 20 feet above the average ground level. A pile of tires shall cover a maximum of 5,000 square feet and be separated by 60 feet from any other pile of tires. These restrictions shall also apply to tire storage as a principal use.
E.
Excluding the occasional allowable garage or yard sale as noted in § 190-821, the outside storage or sales of any junk, goods or materials not clearly incidental to the residential use in any yard in any residential district is prohibited.
F.
Woodpiles in residential districts. In the LDR, MDR or HDR Districts, outdoor woodpiles shall have a maximum height of seven feet and shall not cover more than 3% of the total lot area.
§ 190-818 Fences, walls, hedges.
A.
General provisions for all zoning districts.
1.
No fence, wall, or continuous hedge shall be located within the existing right-of-way of a public street nor shall be constructed at a height greater than nine feet.
B.
Fences on lots within residential districts or of any primarily residential use shall be subject to the following regulations:
1.
Barbed wire or electrified fences shall not be used surrounding a dwelling.
2.
Front yard fences. Property line fences may be installed along the front lot line and along the side lot lines between the front lot line and the front building setback line to a height not exceeding four feet, provided that:
a.
Fences shall have a minimum ratio of 1:1 of open to structural areas.
b.
If the fence is wood cover or wood frame, the framework must face onto the interior of the lot, unless the fence is so designed as to provide equal frame and cover area.
c.
If the fence is open metal mesh supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh.
d.
If the fence is of masonry construction, a finished mortar or paint surface must be provided on the exterior side. The maximum height of a fence panel in a front yard shall be four feet.
3.
Rear and side yard fences. Property line fences may be installed along the rear lot line and along the side lot lines between the rear lot line and the front building setback line to a height not exceeding six feet, provided that:
a.
If the fence is wood cover or wood frame, the framework must face onto the interior of the lot, unless the fence is so designed as to provide equal frame and cover area.
b.
If the fence is open metal mesh, supported by posts and frames of either pipe or wood, the posts and frames must be on the interior side of the mesh.
c.
If the fence is of masonry construction, a finished mortar or paint surface must be provided on the exterior side.
4.
Walls.
a.
Any walls should be architecturally compatible with the structure and the landscape.
b.
Any wall higher than three feet in the required front yard within residential districts or of any primarily residential use shall require a special exception and shall be permitted only if compatible with the character of the area.
5.
Gates. All fences, walls, or continuous hedges more than three feet in height shall be equipped with gates or other suitable passageways at intervals of not more than 250 feet.
§ 190-819 Keeping of animals other than pets.
A.
The following provisions apply to the keeping of fowl (chickens, ducks, peafowl, and other similar animal of comparable size and characteristics), but shall not apply to the raising of livestock, crop farming, or the urban keeping of livestock. Struthio camelus (ostrich) and Dromaius novaehollandiae (emu) are not permitted under this accessory use.
1.
Up to 12 chickens, ducks, or peafowl in total can be raised or kept on a lot. A minimum lot area of one acre is required.
2.
No person shall keep or maintain fowl, construct a coop, henhouse, chicken run, or any other type of enclosure for fowl as an accessory use and/or structure to their principal residential use before completing a permit application and securing the applicable zoning permit for the same.
3.
No male chickens (roosters) over the age of six months are permitted.
4.
All fowl must be contained within the owner's property boundary within a coop, henhouse, enclosure, or chicken run that is enclosed on all sides. Fowl are forbidden to run at large.
5.
Any coop, henhouse, or enclosure for the fowl must provide a covered, predator-proof house that is thoroughly ventilated, or of sufficient size to admit free movement of the fowl and kept clean. Said enclosure must provide five square feet of space for each animal as well as 10 square feet of open space for each animal to roam.
6.
Any coop, henhouse, chicken run or enclosure for fowl must be located a minimum of 50 feet from any side or rear lot line and located at least 100 feet away from any residential structure.
7.
No coop, henhouse, chicken run, or other enclosure is permitted in the front yard of any parcel.
8.
A coop, henhouse, chicken run, or other enclosure that is not occupied for a period of two years must be removed.
9.
All feed must be kept in a vermin-proof, airtight container.
10.
All fowl shall be provided with sufficient feed throughout the day and fresh water at all times.
11.
All chicken related materials, feed, and waste must be kept in a sanitary way within a secure enclosed structure on the lot so as to prevent any nuisance to surrounding neighbors.
12.
It shall be unlawful and constitute a nuisance if any chicken is kept in unsanitary conditions that produce odors, excessive noise, attract vermin, and are otherwise a concern to public health.
13.
All chicken wastes shall be stored and disposed in a manner consisted with Chapter 91 of the Pennsylvania Code.
14.
This accessory use is only for the noncommercial keeping of fowl as an accessory to a principal residential use. The raising of fowl for commercial use or profit is not permitted. Slaughtering and butchering of fowl is strictly prohibited.
B.
The following provisions apply to the urban keeping of livestock and other similar animals of comparable size and characteristics but shall not apply to the raising of livestock or crop farming.
1.
Descriptions of permitted and nonpermitted animal types:
a.
Large animals. All types of horses, ponies, mules, and donkeys and/or other animals with a standard production weight of 600 pounds or greater as identified in the Pennsylvania Act 38 Nutrient Management Technical Manual Supplement 5 Standard Animal Weights.
b.
Small animals. All types of swine, sheep, goats, alpacas, and llamas and/or other animals with weights below 600 pounds as identified in the Pennsylvania Act 38 Nutrient Management Technical Manual Supplement 5 Standard Animal Weights.
2.
Site regulations:
a.
A minimum lot area of three acres is required for a homestead animal accessory use.
b.
Two large animals or two small animals are permitted on the first three acres of land. For each additional acre of land above three acres, one additional large animal or two additional small animals are permitted.
c.
No more than six small animals, a combination of five large and small animals, or four large animals are permitted on any lot as accessory to a principal residential use.
3.
In the event any large animal or small animal gives birth, thereby exceeding the number of animals allowed by the minimum set forth herein, the owner of said animals and/or the occupier of the premises shall conform to the applicable restrictions on the number of animals within one year of the birth of the animal.
4.
Animal structures shall be located a minimum of 100 feet from all property lines, or the accessory building setback required by the zoning district in which the use is located, whichever is greater.
5.
Animal structures shall not be permitted in the front yard.
6.
All animals shall be kept within an enclosure unless under direct control of the owner or other authorized party. Animals are forbidden to roam at large.
7.
The height of the fencing shall be sufficient to keep the animal(s) within their enclosure and be constructed to prevent the animal(s) from escaping its confines. Barbed-wire fencing is not permitted for animal enclosures.
8.
The keeper of such animal(s) shall show that adequate provisions are being implemented to collect, store and dispose of the manure and other waste and/or litter associated with the keeping of the subject animal(s). The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors.
9.
All animal wastes shall be stored and disposed in a manner consistent with Chapter 91 of the Pennsylvania Code.
10.
It shall be unlawful and constitute a nuisance if any homestead animal is kept in unsanitary conditions that produce odors, excessive noise, attract vermin, and are otherwise a concern to public health.
11.
An animal housing facility shall be provided as a shelter for the animal(s). The structure shall incorporate no less than three walls and a sufficient roof area to provide a weatherproof shelter. Animal housing facilities shall be of sufficient size to enable the animal to comfortably stand, turn around and lay down.
12.
Animal housing facilities shall be ventilated to avoid respiratory disease and infections, control ambient temperature, and prevent accumulation of toxic gases.
13.
Animal feed that is not stored in the principal building shall be stored in sealed, rodent-proof containers.
14.
This accessory use is only for the noncommercial keeping of animals as an accessory to a principal residential use. The raising of animals for commercial use or profit is not permitted. The sale of animal products is prohibited. Slaughtering and butchering of livestock animals is strictly prohibited.
15.
The disposal of dead animals shall be in accordance with the Domestic Animal Law, 3 Pa.C.S.A. § 2352. Dead animals shall be disposed of within 48 hours after death.
§ 190-820 Keeping of pets.
A.
This is a permitted by right accessory use in all districts unless otherwise stated.
B.
No use shall involve the keeping of animals or fowl in such a manner that it creates a serious nuisance (including noise or smell) or a health hazard or a safety hazard.
C.
Within residential zoning districts, a maximum of three dogs and/or four cats may be kept, except that a combined maximum of 12 dogs and/or cats shall apply if the nearest dwelling (other than that of the owner of the pets) is at least 300 feet from any area in which the animals are regularly kept. No numerical restriction shall apply to cats and dogs less than five months of age.
D.
Within residential zoning districts, any outside animal shelter or exercise pen shall be suitably enclosed if the dogs are not chained. This area shall not be within the required front or accessory side yards and shall be located whenever possible at least 30 feet from any adjacent dwelling.
E.
Keeping of more than the specified number of cats or dogs or for commercial purposes shall be considered a kennel.
§ 190-821 Garage and yard sales.
A.
The use shall include only the occasional noncommercial sale of household goods and furniture and items of a similar character. Such sales shall not include wholesale sales or sales by outside vendors or nonresidents.
B.
The use shall not occur a maximum of more than four days in any one calendar year.
C.
Any item shall be deemed to be stored if it is on the property for more than 48 hours.