Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 27-403), any land or structure shall only be used or occupied for a use specifically listed in Table 27-202.4 as being allowed in the Zoning District where the land or structure is located. Such uses shall only be allowed if the use complies with all other requirements of this chapter.

For manufacturing uses, the types of uses listed in this Part correspond approximately to the categories of the North American Classification System, administered by the U.S. Department of Commerce. In case of question about the categorization, such system shall be consulted.

Table of Allowed Uses.

Antennas, standard for television, radio and similar reception.

Fence or wall (See § 27-302).

Garage, household.

Garage/Yard sale (See § 27-302).

Maintenance facilities to provide for the maintenance of roads, recreation areas and other facilities that are controlled by a homeowners' association.

Noncommercial keeping of animals and pets (See § 27-302).

Parking or loading, off-street, only to serve a lawful use on the same lot or a use that is permitted in that district.

Recreational facilities, limited to use by: residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.

Residential accessory structure, such as sheds (See § 27-302).

Signs, as permitted by Part 3.

Swimming pool, household (See § 27-302).

Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use.

Storage of fuels for on-site use or to fuel company vehicles.

The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:

Automatic transaction machine.

A commercial use or membership club in the V District shall not be open to customers or patrons for business purposes between the hours of 11:00 p.m. and 6:00 a.m. unless it was already regularly open to the public during those hours immediately prior to the effective date of this chapter. A commercial use or membership club may be approved to be open after 11:00 p.m. as a special exception use if the applicant proves to the satisfaction of the Zoning Hearing Board that such business hours will not negatively impact dwellings in the vicinity.

A nonconforming commercial use or membership club in a residential district shall not be open to customers or patrons for business purposes between the hours of 11:00 p.m. and 6:00 a.m., unless the use was already regularly open to the public during those hours immediately prior to the effective date of this chapter.

These provisions shall apply if age-qualified housing is used to allow an increased density under this chapter under the dimensional requirements of this chapter.

Age-qualified housing shall involve all housing units within a subdivision or land development being permanently limited by deed and by any lease to occupancy by at least one person age 55 and older, and with no resident under age 18, except that a person under age 18 may temporarily stay within a housing unit for a total of less than 60 days per calendar year. An applicant alternatively may decide to use an age limit of 62 or above, or a similar age limit authorized by federal law.

The applicant may also state in the application that they intend to allow one or more types of persons classified by the Social Security Administration as disabled to reside in age-qualified housing, regardless of their age. However, in that case, the development's restrictions shall be structured in a way that complies with the requirement in federal law that at least 80% of the dwelling units are occupied by at least one person age 55 or older.

A primary enforcement mechanism shall be established by the applicant, such as through the owner of a rental development or by a homeowners' association. The Township shall be provided with secondary enforcement authority that is intended to be used if such primary mechanism fails to comply with its enforcement responsibilities. If the Township needs to utilize its enforcement authority, the Township's enforcement costs shall be paid by the entity with the primary enforcement responsibility.

If a household met the age qualifications at the time of initial occupancy of a dwelling unit, members of a household are not required to leave if a person aged 55 or older later dies or leaves the household, such as because of divorce, separation or need for nursing care.

The minimum yard dimensions may each be reduced by 25%, and the maximum building coverage may be increased to be 10% higher (such as an increase from 50% to 60%). The minimum lot area or minimum average lot area may be reduced by 25%, and the maximum allowed density may be increased by 25%, as applicable.

Open areas may be commonly maintained, with homes in condominium or Planned Community Act ownership. In such case, the buildings shall be laid out in a manner that would be able to comply with the dimensional requirements for each dwelling, even though fee-simple lots are not required.

A minimum of 15% of the total tract area shall be provided as common open space, which shall be improved with trails that are accessible by the residents and landscaping or preserved woods. Land occupied by a community center building, tennis courts, a swimming pool, or other recreational facilities and their necessary accessory parking may count towards the 15% requirement.

The only allowed housing types shall be those allowed in the zoning district.

Where district boundaries are indicated as approximately coinciding with streets, alleys, waterways, or railroad rights-of-way, the center line of such features shall be construed to be such boundaries, unless otherwise indicated on the map. The zoning district boundaries shall extend to the Township border, even if a border is not accurately portrayed on the Zoning Map.

Where district boundaries are indicated as approximately coinciding with lot lines that existed at the time of the adoption of the Zoning Map, they shall be construed as following such lot lines.

Where district boundaries do not coincide with a physical feature or lot line, and are not fixed by dimensions on the Zoning Map or notes, the boundary shall be determined using a scale.

Whenever any street, alley, or other public right-of-way is vacated, the zoning district adjoining each side of such street, alley, or public right-of-way shall be automatically extended to the center of such vacation.

The above setbacks may be reduced to 25 feet for an accessory building that has a height of 20 feet or less.

In order to preserve agricultural tracts, the subdivision of lots and the development of nonagricultural uses and structures on existing farms shall be limited. In addition, the maximum size of lots created for any use other than agriculture is limited in order to provide for the retention of lots of sufficient size to be usable for agriculture. These provisions implement the mandate of § 604(3) of the MPC[1] to preserve prime agricultural lands.

Number of Lots, Dwellings or Other Principal Nonagricultural Buildings Permitted. For each parent tract, there shall be permitted the subdivision of one lot (which shall specifically include, but not be limited to, a subdivision to create a farm or farms, and subdivision to change lot lines or a "lot add-on" subdivision, which removes land from the parent tract to add the land to another lot), or the erection of one single-family dwelling or other principal nonagricultural building on the parent tract, but not both, with the portion of the existing or newly created lot used for residential purposes limited to the maximum lot size set forth in the following sections for the acreage held as of April 1, 1989, or if the parent tract was not classified as Agricultural District on April 1, 1989, on the date when such land was first included in the Agricultural District after April 1, 1989. A tabular example of this limitation on the creation of lots or the erection of dwellings is as follows:

Exemptions from Limitation on Subdivisions. The following types of subdivisions shall not be counted against the maximum allowed number of lots:

Requirements for Plans and Deeds Relating to Lands Within the AG District. Any subdivision or land development plan hereafter filed with the Township in the AG District shall specify on the recorded plan which lot or lots shall carry a right of further subdivision or development of single-family dwellings or other principal nonagricultural buildings, if any such right remains from the maximum number allocated to the parent tract on April 1, 1989, or on the date when such land was first included in the AG District, whichever is later.

Except as provided in Subsection 3A(1) below, no new slaughter area, area for the storage or processing of garbage or spent mushroom compost, structures for the cultivation of mushrooms, or a building housing a commercial poultry or livestock operation shall be permitted within 300 feet of any property line within the V, RM or SR Districts.

In addition to the setbacks listed above, every single-family detached dwelling (unless it is on the same lot as the specified use or unless the owner of the specified use provides a written signed and notarized waiver of the setback) proposed within the AG District shall be set back in accordance with the following chart. Required setback distances shall be measured as a straight line between the closest property line of the proposed dwelling to the specified use.

This notice, or closely similar text pre-approved by the Zoning Officer, shall be included as a notation accompanying every deed of a newly created residential lot in the AG District.

Allowed commercial uses shall have frontage along PA Route 72 and be located within 250 feet of its center line, south of Mount Hope Road.

Allowed commercial buildings shall have a maximum building footprint of 3,500 square feet or be located within an existing building.

Nonresidential uses shall meet the applicable requirements set forth in Parts 3 and 4 of this chapter, including, but not limited to: off-street parking, off-street loading, and signs.

Maximum Density.

Lot Coverage.

Building Footprint. The maximum building footprint of a commercially used structure shall be 4,000 square feet, except as may be increased subject to the receipt of one TDR per 4,000 square feet of building footprint or fraction thereof. This 4,000 square feet limit shall not apply to uses locating within an existing building in accordance with the adaptive reuse requirements of this chapter.

Permitted commercial uses shall be located within 500 feet of the intersection of Newport Road and Penryn Road, or within 400 feet of the intersection of Newport Road and Speedwell Forge Road.

Nonresidential uses shall meet any supplementary requirements set forth in Parts 3 and 4 of this chapter.

No outdoor storage shall be permitted for an allowed commercial use. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back at a minimum of 25 feet from any adjoining residentially zoned properties. All waste receptacles shall be completely enclosed within a masonry or framed enclosure with a self-closing door or gate. Where multiple uses are permitted, one central collection area shall be provided for all users in each building.

No new vehicle parking shall be located between the front of the principal building facade and the abutting street right-of-way line. Parking lots shall be located to the side or rear of the principal building.

See the alternatives for development in § 27-402.17, Cluster (Open Space) Development Option, or § 27-402.71, Traditional Neighborhood Development (TND), of this chapter.

Permitted Density.

Lot Coverage.

Building Footprint. The maximum building footprint of an allowed principal commercial building shall be 4,000 square feet, except as may be increased subject to the receipt of one TDR per 4,000 square feet of additional building floor area or fraction thereof.

Existing Commercial Structures and Uses. Notwithstanding anything to the contrary in this section, the expansion of existing commercial buildings, or the expansion of existing commercial uses on the same lot, shall not be subject to the maximum building floor area requirements herein. These uses shall be subject to the maximum lot coverage requirements in this section.

A maximum density of six dwelling units per acre shall apply to all types of housing on a development tract, except that a maximum density of eight dwelling units per acre is allowed if there is the approved receipt of one TDR for each additional dwelling unit over six dwelling units per acre.

A maximum of 50% of the dwelling units within a subdivision or land development shall be multifamily dwelling units, except a higher percentage may be multifamily dwellings if approved as a special exception within an age-qualified residential development.

A TND option shall be permitted, regardless of dwelling types, in accordance with the following:

Nonresidential and mixed-use development, including live-work units, and apartments over nonresidential space shall be permitted without receipt of TDRs, except as may be required for lot coverage.

The maximum lot coverage for uses other than agriculture and forestry may be increased up to 70% subject to the receipt of one TDR per 4,000 square feet of coverage or fraction thereof.

Permitted lot coverage for a new subdivision, TND, or cluster development shall be calculated on the basis of all lots in a phase of development, with permitted coverage allocated variably to individual lots. Notes shall be placed on recorded subdivision/land development plans indicating the available coverage on each lot.

As applicable, the application shall comply with Part 8, Design Guidelines, of this chapter and Part 10 of the Chapter 22, Subdivision and Land Development.

See Appendix 27-A.[1]

All mechanical equipment which is not enclosed within a building shall be fully and completely screened from view from a street in a manner compatible with the architectural and landscaping style of the overall property.

All new utility lines servicing the buildings shall be placed underground within the lot lines of the property on which the use is located.

No new vehicle parking shall be located between the front of the principal building and the right-of-way line of a street along the front lot line.

A TND option shall be permitted, regardless of dwelling types, in accordance with the following:

Multifamily dwellings outside of a TND or multifamily mixed-use development shall be permitted at a density of eight dwelling units per acre, or in accordance with the following:

Multifamily dwellings in a multifamily mixed-use development shall have a maximum density as set forth in § 27-402.

Nonresidential and mixed-use development, including live-work units, and apartments over nonresidential space shall be permitted without receipt of TDRs, except as may be required for lot coverage.