General Standards. Unless otherwise specified in this section, all accessory structures shall meet the following standards:

Garages (for vehicle storage that is accessory to dwellings).

Swimming Pools. No pool shall be located in the front yard. All pools, including all appurtenances, such as aboveground decking, filter and pump, shall be set back at least 10 feet from the side or rear property lines. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming. No water from a pool shall be discharged onto any public street or alley, or in a manner that damages the properties of others. Instead, pool water shall be given time to become dechlorinated, and then discharged gradually over vegetated surfaces of the owner of the pool. All swimming pools shall meet the pool barrier requirements of the Uniform Construction Code.

Fences and Walls.

Sports Courts. All sports fields and courts may include a fence of up to 10 feet in height, except that a taller height may be used to meet published safety standards, such as at a baseball field or to avoid hazards along streets. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining property.

Satellite Dish Antennas. Satellite dish antennas are subject to all accessory use standards. Satellite dish antenna located within the CN, AG, SR, V and RM Districts shall have a maximum diameter of three feet. A zoning permit is not required to install a satellite dish with a diameter of three feet or less. An unused satellite dish shall be removed from the exterior of a building.

Alternative Energy Sources.

Waste Disposal. Unless otherwise specified, dumpsters for refuse and/or recycling 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 a minimum of 20 feet from any adjoining SR, V, RM, or MU Districts, unless the underlying zoning district requires a greater setback. 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, except that buildings greater than 250 feet in length may be permitted an additional collection area.

Man-Made Lakes, Dams, Ponds, and Impoundments. Such features shall only be allowed to be created consistent with regulations and permits of DEP. The Zoning Office may require that an applicant provide evidence of such permits and approvals. Such features shall also comply with the Township Stormwater Management Ordinance.[1] Ornamental ponds or fish ponds of less than 15 feet width in any direction are not regulated by this chapter.

Garage/Yard Sales. On any lot, an owner and/or occupant may conduct up to three garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. One four-square-foot sign shall be permitted advertising the garage/yard sale located upon the premises where the sale occurs and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.

Accessory Repair of Personal Motor Vehicles. The routine maintenance, repair and servicing of personal motor vehicles, owned and/or leased by the person performing such services, is permitted, subject to the following restrictions, except for activities within an approved principal commercial or industrial use:

Personal Motor Vehicles, Trucks and Recreational Items. Within any district, the occupant of a residential dwelling may maintain as an accessory use motor vehicles, recreation vehicles, boats, campers, trailers used to transport recreational boats and trailers, and trucks with a gross vehicle weight of less than 10,000 pounds; provided, however, that all such items shall be exclusively for personal use of the occupants of the dwelling, shall be stored in accordance with § 27-303, and shall not be used in connection with any business or commercial enterprise, whether such business or commercial enterprise is located on the property or at another location, or is operated out of the vehicle. The use of a personal vehicle for commuting to and from the occupant's place of employment or to job sites shall not be considered use in connection with a business for the purposes of this section. In addition, a maximum of one vehicle of 10,000 or more pounds gross vehicle weight may be kept on a residential lot in an AG or residential district if it is parked a minimum of 100 feet from any dwelling other than the dwelling of the operator of the vehicle.

Personal Storage Units or Temporary Waste Dumpsters. Portable storage units or temporary waste dumpsters are permitted to be placed upon a property for a period of less than 60 total days per calendar year. Such items shall not be placed in any clear sight triangle, nor block vehicular or pedestrian traffic. Such items shall not be placed in any street right-of-way nor closer than 10 feet to any lot line of another dwelling, except that a permit may be issued by the Code Official to use an on-street parking space if no other feasible alternative exists.

On-Site Residence. In the MU, COM, LC, Q or I Districts, a building or portion thereof may be used for residential purposes for one family, including an owner, caretaker, watchman, janitor or employee employed on the premises.

Vehicle Repair. Hydraulic hoists, pits and all lubrication, greasing, and repair equipment that generates noise off the property shall be entirely enclosed within buildings.

Temporary Contractors Office or Real Estate Office. A temporary building may be used for an on-site sales office while sales are actively underway within a development. A temporary building may be used for a construction office and for temporary storage of materials needed for on-site construction, while on-site construction is actively underway. Such temporary building shall be removed after the sales or construction has been completed.

Ancillary Uses. Ancillary uses in business/office/industrial parks for the purpose of providing restricted service uses that will be an integral part of the park is permitted, subject to the following conditions:

Retail Sale of Agricultural Products. This use shall involve accessory sale of agricultural products in a building, a roadside stand, in a vehicle or trailer, or out in the open, subject to the following:

Temporary Retail Sales.

Noncommercial Keeping of Animals. The following standards shall not be interpreted as applying to animal or veterinary hospitals, kennels, stables, or normal farming operations:

Beekeeping as a Nonfarm Accessory Use. Beekeeping may be conducted on a lot accessory to a residential use, subject to the standards listed below. Beekeeping on a farm is considered as an agricultural activity.

Recreational Vehicles, Boats and Trailers. Within any residential district, or upon any property used principally for residential purposes, the keeping of recreational vehicles, boats, trailers used to carry recreational vehicles or boats, or utility trailers is permitted only according to the following requirements:

Outdoor Stockpiling. In all districts, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the minimum front yard. In any residential district, the outdoor stockpiling of materials (except firewood) for more than one year is prohibited.

Trash, Garbage, Refuse, or Junk. Putrescent garbage shall be stored in a covered container and be properly disposed of at least once a week. The outdoor accumulation of other trash, refuse, or junk for a period exceeding 15 days is prohibited.

Dumpsters. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.

Domestic Composting. The placement of framed enclosured compost areas as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.

The minimum required yard as set forth in Part 2 shall remain unoccupied and unobstructed from the ground up except as may be specifically provided for in this chapter.

Modification of Front Yard Setback for Buildings on Built-up Streets. Where 40% of the lots on a block face are nonconforming, a proposed unit may be set back at so as to blend in with the average distance of existing nearby structures. However, in no case shall the setback line be less than five feet from any abutting street right-of-way line.

Permitted Encroachments into Required Setbacks.

Maximum Building Setback. In order to provide for visual diversity and interest along a streetscape:

On any residential lot existing prior to January 1, 2019, which is less than 10,000 square feet in area and which is developed with a single-family detached dwelling, the maximum lot coverage shall be 60%.

The height regulations do not apply to the following structures or projections:

In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.

All structures shall comply with § 27-214, Airport Safety Overlay District, of this chapter.

More than one principal business use may be erected on a single lot, provided that the lot meets all of the requirements for all of the uses.

A lot may include one or more principal residential and business uses where authorized under the zoning district requirements.

Each principal building erected or moved shall be located on a lot with motor vehicle access onto a public street or a Township-approved private street. Individual dwelling units may have access onto a parking lot that is maintained as part of a rental housing development, condominium association or homeowners' association, provided that the parking lot has Township-approved vehicle access onto a public street. Lots having no direct access shall remain vacant until such approved access is established. Additional access standards are contained in the Chapter 22, Subdivision and Land Development.

See the driveway provisions in Chapter 21, Part 1, of the Penn Township Code of Ordinances. As of the adoption date of this section, among other provisions, such chapter requires that the sight distance for all driveways entering onto any street or road shall comply with the requirements for state highways prescribed by PennDOT, as provided in 67 Pa. Code § 441.8, as amended.

Applicability. Off-street parking shall be required in accordance with this section prior to the occupancy of any building or use whenever:

Site Plan Approval.

Required Parking.

Parking and Driveways for Residential Uses Not Contained Within a CCRC.

Parking Standards.

Parking Lot Design Standards.

Parking Lot Access. Every parking lot shall be connected to a street by means of an access drive. This access drive shall be at least 12 feet wide for each lane, exclusive of curb return and gutters.

Shared Parking. In TNDs and commercial or office developments, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the center's tenants. Such reduced parking spaces shall be appropriately distributed upon the lot to provide convenient walking distance between every space and each of the center's stores. Easements shall authorize any sharing of parking across lot lines if the applicant is approved for the reduction of parking.

Reduction of Parking.

Prohibited Uses of a Parking Lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following:

Parking Structures.

Required Parking Spaces. The following table lists required numbers of parking spaces by type of use. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use, unless otherwise specified by this chapter. The term "employee" shall include all persons working on-site at peak periods of time, including contractors, adult volunteers and any overlapping shifts. Parking space requirements shall be rounded to the nearest whole number.

Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:

Site Plan Approval.

Surfacing. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials, or another dust-free surface that is approved by the Township.

Location. Except as provided elsewhere, a ground level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a residential district. Where possible, off-street loading facilities shall be located on the face of a building not facing any adjoining land in a residential district.

Connection to Street. Every loading space shall be connected to a street by means of an approved access drive. The access drive shall be at least 24 feet wide for two-way travel, or 18 feet wide for one-way travel, exclusive of any parts of the curb and gutters.

Separation from Streets, Sidewalks, and Parking Lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.

Drainage. Off-street loading facilities (including access drives) shall be drained to prevent damage to other properties or public streets. Furthermore, all off-street loading facilities shall be designed to prevent the collection of standing water on any portion of the loading facility surface, particularly next to access drives.

Required Off-Street Loading Facilities Sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances and exits):

Lighting. Adequate lighting shall be provided if the loading facility is to be used at night. The lighting shall be arranged so as not to be directed, reflected or cause glare off the site.

Landscaping and Screening Requirements. Unless otherwise indicated, all off-street loading docks shall be screened from adjoining residentially zoned properties and/or adjoining public streets.

Schedule of Off-Street Loading Spaces Required. The full burden of proof shall be upon the applicant to show that there will be sufficient numbers of off-street parking spaces of sufficient sizes to accommodate all of the loading and unloading needs within the applicant's property, without interfering with traffic on streets. The following numbers of off-street loading spaces shall apply, unless the applicant proves to the satisfaction of the Zoning Hearing Board as a special exception application that a reduced number of spaces is needed.

Applications shall comply with the buffer yard, screening and landscaping requirements in Chapter 22, Subdivision and Land Development. If a principal nonresidential use or building is expanded or developed, but the project is not regulated under the Chapter 22, Subdivision and Land Development, then the screening and buffer yard requirements of the Chapter 22, Subdivision and Land Development, shall apply under the Zoning Ordinance, and are hereby included by reference.

Purposes.

General Regulations for All Signs.

Miscellaneous Signs Not Requiring Permits. The following signs shall be permitted by right within all zoning districts within the following regulations, and shall not be required to have a permit under this Part. The signs allowed by this section shall not be internally illuminated and shall not have a height greater than six feet. No sign shall be placed in a location that could obstruct views by motorists of pedestrians and oncoming traffic, including at driveways. No sign shall be placed within a street right-of-way, except official signs. No sign shall be attached to trees, utility poles or street signs, except that official signs and no-trespassing signs may be attached to trees.

The following types of signs are not specifically regulated by this chapter:

Freestanding, Wall and Window Signs (On-Premises Signs). The following are the on-premises signs permitted on a lot within the specified districts and within the following regulations, in addition to other signs specifically allowed by this chapter.

Major Development Sign. One two-sided sign or two one-sided signs shall be allowed at up to two exterior street entrances to a subdivision or land development of 20 or more dwelling units or more than five principal business uses. Such sign area shall be a maximum of 60 square feet and may be attached to a wall or fence that meets the subsection below. If a development includes five to 19 dwelling units, a similar sign with a maximum of 16 square feet shall be allowed. Such signs shall not be illuminated, and shall have a maximum total height of 10 feet above the ground.

Sign Locations. The setbacks in Subsection A shall not apply to official signs, nameplate signs, public service signs and directional signs.

Digital Signs. Digital signs are signs that be can be electronically changed in their message by remote means.

Sign Zoning Permits.

Permitted Off-Premises Signs (Including Billboards). Except for other types of signs that are specifically allowed by this section to be off-premises, an off-premises sign is only permitted if it meets the following requirements:

Banners and Overhanging Signs. The Board of Supervisors or their designee may approve the hanging of decorative banners within the street right-of-way (such as from utility poles or streetlights) and may approve a sign overhanging across a street to advertise a community event or festival. One approval may cover a set number of years for an event that is held annually. Approval from PennDOT may also be needed if a state road is involved.

Vehicles Functioning As Signs. Any vehicle, trailer or structure to which a sign is affixed in such a manner that the carrying of such sign(s) no longer is incidental to the primary purpose of the vehicle, trailer or structure but instead becomes a primary purpose in itself shall be considered a freestanding sign and shall be subject to all of the requirements for freestanding signs in the district in which such vehicle, trailer or structure is located.

Measurement of Sign Area.

Content Flexibility. Where a certain type of business sign is allowed in a particular district, the landowner or tenant may at his/her option use part or all of that sign for a noncommercial message in place of advertising the business. For example, where a business freestanding sign of a certain size is allowed in a commercial district, instead of advertising the business, the landowner or tenant may use the sign for a political message. A permit shall not be required for such change of content.

Time and Temperature Sign. This type of sign has a sole purpose to announce the current time and temperature, except it may also include nonprofit public service messages. The sign shall not flash. One time and temperature sign with a sign area of up to 40 square feet of sign area shall be allowed per lot, within a COM or LC district.

As of the effective date of this chapter, all future uses that rely upon on-lot sewage disposal systems shall be required to provide for both a primary on-lot disposal site and a replacement on-lot disposal site. Soils testing and other DEP-approved methods shall be conducted to establish the suitability of the primary and replacement on-lot disposal sites. All on-lot sewage disposal systems and sites shall be approved by the Sewage Enforcement Officer. Furthermore, the alternate on-lot disposal site shall be perpetually protected from excavation, construction, compaction and all other activities that would result in disturbance of the soils, until such time as the alternate field is activated due to malfunction of the initial disposal site.

Every use relying upon on-lot sewage disposal systems shall be required to properly maintain and repair such systems, including regular pumping of the tank.

See the septic system setback requirements in Title 25, § 73.13, of the Pennsylvania Code, including minimum horizontal isolation distances. Among other provisions, that section requires that a minimum setback of 10 feet be maintained for any building, swimming pool or driveway from the perimeter of the aggregate absorption area and all on-lot septic treatment tanks.

All uses proposed within Penn Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended. The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.

This section shall apply in those instances where common open space is required elsewhere in this chapter, or when an applicant proposes the use of common open space.

Required common open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

Designated open space areas shall be deed restricted to prevent further subdivision.

Open space shall meet the design requirements of § 27-402.

Permitted-by-Right Uses in Required Common Open Space.

Ownership and Maintenance of Common Open Space. An essential element of the provision of common open space is a written description regarding its ownership and/or disposition. Such ownership and/or disposition shall be accomplished through one of the following:

In the event that the organization established to own and maintain open space or any successor organization shall at any time after designation fail to maintain the open space in reasonable order and condition in accordance with any and all approved plans, the Township may follow the procedure in § 705 of the MPC[1] relating to the inadequate maintenance of common open space by municipalities. The common open space provisions of § 705(f) of the MPC[2] are hereby included by reference, except that the words "planned residential development" shall be changed to "subdivision or land development" for the purposes of this section.

If common open space provided under the Zoning Ordinance would also meet the all of requirements for providing recreation land under Chapter 22, Subdivision and Land Development, then the common open space may overlap the recreation land to meet both requirements.

Disposal of dead animals shall comply with DEP regulations. In addition, the burial or composting should comply with published recommendations of Pennsylvania State University, which are available on the internet.

Any burial site for three or more animals shall be outside of the 100-year floodplain, be covered with at least two feet of soil within 48 hours, be set back a minimum of 100 feet from the top of the primary bank of any waterway or water supply well, be set back at least 200 feet from any property line (unless the setback is waived in writing by the adjacent property owner), shall not be visible from a property line or street, and shall maintain at least two feet of separation above the seasonal high water table.

Purposes. The purpose of this section is to establish a procedure for review and approval of applications for demolition of designated historic buildings. This procedure is primarily intended to provide a public review of whether there are reasonable alternatives to demolition. This section is intended to comply with the mandate of Article VI of the MPC.

Applicability. This section shall apply to the buildings on the Penn Township Zoning Ordinance Designated Historic Buildings List, which is adopted as part of this Zoning Ordinance.[1] Unless otherwise stated on the list, the designated historic building shall be the principal building on the lot.

General Requirements.

Criteria for Special Exception Approval. Applicants for special exception approval under this section shall provide credible evidence in response to each of the following specific criteria, as applicable:

Associated Land Development Plan. If the application for a permit for demolition, relocation or removal of a designated historic building is being requested to facilitate future development of the land, a zoning permit shall not be issued by the Zoning Officer until the following additional requirements have been satisfied.

Demolition by Neglect. Demolition by neglect is defined as the absence of routine maintenance and repair, which leads to structural weakness, decay, and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation.

Purposes. The primary purpose of establishing a program for transferable development rights is to permanently preserve prime farmland, sensitive natural areas, and rural community character that would be lost if the land were developed, by permitting landowners in the sending area defined below to transfer their right to develop to other individuals or entities, in lieu of developing the sending area lands. These rights to develop are referred to for convenience as TDRs. This section is primarily designed to carry out §§ 603(c) and 619.1 of the MPC.[1]

Basic Concept and Authorization.

Severance and Sale or Conveyance of TDRs. Owners of any lot or lots which meet the following requirements may sever and sell or convey their TDRs:

Receiving Area Qualifications and Calculations. TDRs severed from sending area tracts in the CN and AG Districts may be transferred and received for development on tracts in the V, RM, MU, COM, LC and I Districts as specified for the pertinent district and in accordance with the following:

Plan Submittal Process for Receiving Development.

Public Acquisition of TDRs. Penn Township may purchase TDRs and may accept ownership of TDRs through conveyance by gift. All such TDRs may be held, resold, or extinguished by Penn Township. Any such purchase or gift shall be accompanied by restrictive covenants or conservation easements as specified in § 27-325.3E.

Amendment and/or Termination. Penn Township reserves the right to modify, amend, and/or repeal any of the provisions of this chapter regarding TDRs at any time in the future. The Township expressly reserves the right to modify the manner in which the number of TDRs shall be calculated in the sending area and the manner in which TDRs may be conveyed and used in designated receiving areas. Penn Township further expressly reserves the right to terminate its TDR program at any time. No owner of the land or owner of TDRs shall have any claim against Penn Township for damages resulting from a change in this chapter relating to the regulations governing the calculation, conveyance and use of TDRs or the termination of the TDR program.

Licensed motor vehicles or food trailers are permitted to be temporarily located on private property to sell food items to the general public, subject to the following:

The food truck/trailer shall only be allowed: 1) where specifically allowed on private property by § 27-202, such as accessory to a commercial use in a commercial district, 2) at a location (such as within a legal parking space along a street) for less than 20 minutes per day (such as a traveling ice cream truck or truck visiting a construction site), or 3) as part of a Township-approved special event, such as a temporary festival at a place of worship.

Clean Fill.

Abandoned Wells. All unused or abandoned wells shall be properly sealed according to local and state regulations. Sealing should also follow DEP recommendations, which are available on the DEP website.

If the operator of any use becomes aware that an unauthorized release of groundwater or surface water contaminants has occurred or may have occurred, the operator shall immediately contact the Lancaster County Emergency Communications Center, and shall also report it to the Zoning Officer within one business day.

This section is intended to provide an opportunity for an applicant to apply for a density bonus if the applicant proposes a substantial project to assist in meeting the Township's obligations under the federal MS4 stormwater program.

The Board of Supervisors, as a conditional use, may approve the granting of a density bonus to the applicant to allow the development of up five additional dwelling units on a tract of land in the Township, beyond the maximum density that would otherwise apply. The additional dwelling units may be used by the applicant in any zoning district where dwellings are allowed and central sewage service is provided, except the bonus may not be used within the AG District. Alternatively, the additional dwelling units may be transferred or sold for use on another residential development in a situation and district where TDRs are authorized to be used.

The applicant shall only be allowed to use a density bonus under this section if the applicant proves to the satisfaction of the Board of Supervisors that they will construct a water quality or infiltration improvement that will materially meet the Township's MS4 requirements, and that the improvement far exceeds what would normally be required under Township, Conservation District, state and federal requirements. The improvement shall result in a reduction in sediment, phosphorus or nitrogen that would otherwise enter into a waterway. Such improvements may include, but are not limited to, stream restoration to create a more natural streamside planted buffer that reduces erosion, retrofit of an existing stormwater basin to make it more naturalized with varied deep-rooted plantings, creation of wetlands, addition of rain gardens, and similar projects.