Accessory structures which are attached to a principal structure shall be considered a part of the principal structure and shall comply with the same yard and lot requirements applicable to the principal structure.

(Ord. 1998-1, 3/19/1998, § 301)

   1.   Nonresidential. When the principal use or structure is nonresidential, an unattached accessory structure shall comply with the front yard setback requirements applicable to the principal structure or use for the zoning district in which it is located and shall not be less than ten feet from any side yard lot line or rear yard lot line. An accessory structure to a principal use and/or structure which is classified as a special exception use, shall not be subject to the standards and regulations under Part 6, “Special Exceptions” of this Chapter, excluding the proposed construction, establishment or use of a structure which equals or exceeds 750 square feet of gross floor area.

   2.   Residential. When the principal structure is residential, unattached accessory structures shall only be erected within the rear yard or side yard areas of the lot subject to the following requirements:

   A.   The maximum height shall not exceed one and one-half stories or 15 feet, whichever is the lesser.

   B.   An accessory residential structure shall not exceed 1,000 square feet of floor area. An accessory structure which has a floor area which equals or exceeds 750 square feet shall not be located less than ten feet from a side lot line or the rear lot line. An accessory structure which has a floor area which is less than 750 square feet shall not be located less than five feet from a side lot line or the rear lot line. In cases where said accessory structure abuts a street or alley, a setback of ten feet shall be required.

(Ord. 1998-1, 3/19/1998, § 302)

   On a corner lot there shall be provided on each side thereof, adjacent to a street, a yard setback equal in depth to the required front yard setback of the prevailing zoning district in which the corner lot is located.

(Ord. 1998-1, 3/19/1998, § 303)

   For residential lots, permitted accessory structures shall include noncommercial greenhouses, tool or lawn sheds, private garages or carports, private noncommercial swimming pools and noncommercial satellite antenna dishes.

(Ord. 1998-1, 3/19/1998, § 304)

   A noncommercial satellite dish antenna, as so defined in this Chapter, shall be deemed an accessory use, permitted by right in all zoning districts. Granting approval for the establishment and/or construction of a satellite dish antenna shall not restrict or imply to restrict the use or development of another zoning lot. The height of a noncommercial satellite dish antenna, including any supporting device, measured from ground level to its highest point of elevation, in all R Zoning Districts shall not exceed 35 feet. Noncommercial satellite dish antennas in all other zones shall be exempt from meeting height requirements.

(Ord. 1998-1, 3/19/1998, § 305)

   In cases when a residential structure is a nonconforming use, located in a nonresidential zone, the proposed erection of an accessory residential structure shall be deemed exempt from classification as an expansion of a nonconforming use, but shall be subject to the regulations contained under § 27-302 Subsection 2. of this Chapter.

(Ord. 1998-1, 3/19/1998, § 306)

   Swimming pools shall be located in either the rear yard or side yard of the property on which it is an accessory use. The swimming pool and any accessory structures thereto, shall have a minimum setback of five feet from any rear or side yard lot line. All swimming pools having a surface area of 30 square feet or greater and capable of containing water to a depth, at any point, of 18 inches or greater, shall be enclosed in accordance with the following Paragraphs:

   A.   In-ground pools. The pool or the entire property on which the pool is located, shall be enclosed with a permanent fence being six feet in height, which includes a gate secured with a lock. Shrubs, hedges or other vegetative cover shall not be considered to be a fence.

   B.   Above-ground pools. An above-ground pool shall be enclosed with a permanent fence not less than four feet in height which includes a gate secured with a lock in accordance with the above requirements of Paragraph A. above or in lieu of a fence, a barrier not less than four feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck, shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery, hedges or other vegetative cover shall not be considered as a barrier. Decks which are attached to the pool shall not project into any required yard setback for the pool.

   If a zoning district boundary line divides a lot held in single and separate ownership prior to the effective date of this Chapter, placing 85 percent or more of the lot area in a particular zoning district, the location of such district boundary line may be construed to include the remaining 15 percent or less of the lot so divided.

(Ord. 1998-1, 3/19/1998, § 308)

   The following projections shall be permitted into required yards and shall not be considered in the determination of yard setback requirements or building coverage:

   A.   Terraces or patios. Provided that such terraces or patios are located in the rear yard or side yard, are not under roof, without walls or other form of enclosure and are not closer than five feet to any adjacent lot line.

   B.   Projecting architectural features. Such as bay windows, cornices, eaves, fireplaces, chimneys, window sills or other similar architectural features; provided that any of the aforementioned features do not extend more than two feet into any required setback.

   C.   Porches and decks. Provided such porches or decks are located in the rear yard or side yard, and that such does not exceed four and one-half feet in depth as extended from the structure.

   D.   Handicapped ramps. May be constructed without meeting any applicable front and/or rear yard setback requirements in any zoning district, but shall have a minimum side yard setback of not less than five feet.

(Ord. 1998-1, 3/19/1998, § 309)

   The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, domes, chimneys, flagpoles, water towers, skylights or to any accessory mechanical appurtenances and/or equipment usually located above the roof level.

(Ord. 1998-1, 3/19/1998, § 310)

   Every building or structure hereafter erected shall have access to or be located upon a lot adjacent to a public or private street.

(Ord. 1998-1, 3/19/1998, § 311)

   1.   In addition to zoning approval, the following uses are classified as a “land development”, requiring approval under the applicable provisions of the Plains Township Subdivision and Land Development Ordinance [Chapter 22].

   2.   The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

   A.   A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively.

   B.   A single nonresidential building on a lot or lots regardless of the number of occupants or tenure.

   C.   A subdivision of land.

   D.   Any nonresidential use of land, with or without structures, which encompasses two or more acres of land, including grading and/or the backfilling of land, earth moving activities, and/or removal of vegetative cover. Agricultural uses of land and/or related agricultural activities shall be specifically excluded.

   E.   The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

   F.   The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into more than three residential units. Any conversion, described above, which results in not more than three residential units shall be deemed as a land development if the units are intended to be a condominium.

   G.   The development of a mobile home park or the expansion of an existing mobile home park.

   H.   A single residential structure containing more than five residential units.

   3.   The development of any accessory building, including farm buildings, on a lot or lots which are subordinate to an existing principal building shall not be classified as a “land development”.

(Ord. 1998-1, 3/19/1998, § 312; as amended by Ord. 2009-5B, 5/14/2009, § 3)

   1.   Intersection of streets. On any corner lot no visual obstruction between two and one-half feet and eight feet in height, excluding street signs, utility poles or traffic signs, shall be erected or maintained within the triangle formed by the intersection of centerlines of intersecting street right-of-way lines adjacent to the corner lot and a line projected between points on each of those adjacent centerlines for a minimum distance of 20 feet from their intersection.

   2.   Private driveways. No visual obstruction between two and one-half feet and eight feet in height shall be erected or maintained within the triangle formed between the intersection of centerlines of a street right-of-way line and a depth of ten feet along the centerline of the street right-of-way and a depth of ten feet along the centerline of a private driveway.

(Ord. 1998-1, 3/19/1998, § 313)

   The posts and/or structural supports of a fence shall be located within the interior yard space to be enclosed.

   A.   Residential. Fences and walls to be constructed within a residential zoning district or upon a lot in any other type of zoning district which contains a residential property, shall be permitted according to the following Subparagraphs:

   (1)   Front yard. The maximum height of any fence or wall in a front yard shall not exceed four feet in height above the adjacent ground level.

   (2)   Side and rear yards. The maximum height of any fence or wall located in a side yard or rear yard shall not exceed six feet in height.

   (3)   Materials. All fences shall be constructed with materials recognized by the fencing industry and designed to provide a permanent enclosure. No barbed wire or other potentially injurious material shall be contained upon the fence or as part of the material to construct the fence.

   B.   Nonresidential. Fences to be constructed within any commercial zoning district shall not exceed eight feet in height above the adjacent ground level. Fences to be constructed within any industrial zoning district shall not exceed ten feet in height above the adjacent ground level.

   C.   Exemptions. The provisions of this Section shall not be applied to prevent the construction of a chain link in excess of ten feet in height, designed as an enclosure to a public park, a public playground or similar outdoor recreational facility.

(Ord. 1998-1, 3/19/1998, § 314)

   With the exception of storage yards, the provisions and regulations of this Chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation deemed necessary for the convenience or welfare of the public in accordance with § 619 of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10619, as amended.

(Ord. 1998-1, 3/19/1998, § 315)

   1.   On-lot sewage. The provision of sewage service to any proposed use and/or development of property shall be consistent with the Township’s Act 537 Sewage Facility Plan. Any use or development of property which proposes to utilize on-lot sewage disposal shall secure approval from the Township’s Sewage Enforcement Officer in accordance with the applicable governing standards of the Pennsylvania Department of Protection prior to the issuance of a zoning permit.

   2.   Holding tanks. The use of a holding tank shall be expressly prohibited to service any use and/or development.

(Ord. 1998-1, 3/19/1998, § 316)

   All nonresidential land uses shall comply with the following standards. In order to determine whether a proposed use will conform to the requirements of this Section, the Zoning Officer or the Zoning Hearing Board may require a detailed plan of the proposed construction or development, and a description of machinery or techniques to be used during operations of the proposed use.

   A.   Fire protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

   B.   Electrical disturbance. No activity shall cause repetitive or continuous electrical disturbance adversely affecting the operation of other electrical equipment in the vicinity.

   C.   Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.

   D.   Smoke. The maximum amount of smoke emission permissible shall be determined by use of the Standard Ringleman Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.

   E.   Air pollution. No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is potentially harmful to health, animals, vegetation or other property.

   F.   Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

   G.   Erosion. No erosion by wind or water shall be permitted which will carry soil or other material on to adjoining properties.

   H.   Water discharge. Water discharge of materials and substances shall be subject to the governing standards established by the State Department of Environmental Protection.

(Ord. 1998-1, 3/19/1998, § 317)

   Zoning approval for any proposed use and/or development of a property, which includes the construction and/or relocation of a driveway onto a State Legislative Route, a county road or a Township road shall be conditioned upon the applicant securing a highway occupancy permit from the applicable Board of Commissioners and/or agency.

(Ord. 1998-1, 3/19/1998, § 318)

   The removal of a mobile home, as defined in Part 2, from a property with the intent to replace it with another mobile home may be permitted in accordance with the following standards:

   A.   The property owner shall provide the Zoning Officer with written notice of his or her intent to replace the structure and the date on which the current mobile home will be removed from the lot.

   B.   The placement of the new mobile home upon the lot shall be in conformance with all applicable setback requirements and area requirements for the zoning district in which it is located.

   C.   A new mobile home shall be located upon the lot in conformance with all applicable building standards and connected with all utilities, including sewage, and ready for occupancy within 180 days from the date on previous mobile home was removed.

(Ord. 1998-1, 3/19/1998, § 319; as amended by Ord. 2007-5A, 9/19/2007, § 7)

   Whenever, in any zoning district established under this Chapter, a use is neither specifically permitted nor denied and/or the Zoning Officer is unable to classify a subject use and an application is made by a landowner to the Zoning Officer for such use, he or she shall refer the application to the Zoning Hearing Board and Planning Commission to hear and decide such request as a special exception. The Board shall have the authority to permit or deny the proposed use in accordance with the standards governing special exception applications, if the Board makes an initial determination that the proposed use is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purposes and intent of this Chapter. The burden of proof shall be upon the applicant to demonstrate that:

   A.   The proposed use is similar to and compatible with permitted uses in the district.

   B.   The proposed use would not be detrimental to the public health, safety and welfare of the neighborhood.

   C.   The proposed use meets the standards and criteria for special exceptions as contained in Part 6 of this Chapter.

(Ord. 1998-1, 3/19/1998, § 320)

   In the event that any provisions within this Chapter are found to be in conflict with another provision of this Chapter, and/or any other ordinance, law or regulation of the Township, state or United States government, the most restrictive shall apply.

(Ord. 1998-1, 3/19/1998, § 321)

   An outdoor fuel burning furnace shall be deemed to be an accessory structure permitted in all zoning districts, as a special exception use, thereby requiring approval from the Zoning Hearing Board and subject to the standards as set forth in Part 8.

(Ord. 1998-1, 3/19/1998; as added by Ord. 2007-5A, 9/19/2007, § 8)

   1.   Any structure proposed to be subdivided, containing two or more units, residential or nonresidential, shall be exempted from the governing side yard setback requirements under this Chapter relative only to interior side yards. When a side yard of a proposed subdivision is directly attached to another unit within the structure, subdivision approval shall exempt the property from requesting and/or securing an interior side yard variance from the Zoning Hearing Board.

   2.   Any structural portion of a building, such as a deck, patio, porch or similar feature which is need of repair to the point of replacement shall be exempt from complying with the applicable setback requirements when all of the following conditions exist:

   A.   The use of the building represents a use permitted by right in the district in which it is located.

   B.   There are no outstanding zoning or building code violations against the owner of the property.

   C.   The structural replacement shall be the exact same location and structural replacement shall be the same size and height, or less, than that which is being replaced.

   D.   A photograph of the subject property, taken prior to the start of work, must be submitted to the Zoning Officer with a completed zoning permit application, along with any other information deemed necessary by the Zoning Officer to process the application.

(Ord. 1998-1, 3/19/1998; as added by Ord. 2007-5A, 9/19/2007, § 9)

   The use, operation and/or condition of any property found to be a “general nuisance” as so defined in Part 2 of this Chapter shall constitute a violation of this Chapter and shall be subject to the violation procedures and penalties as set forth in § 27-1304, “Enforcement Procedures” of this Chapter.

(Ord. 1998-1, 3/19/1998; as added by Ord. 2009-5B, 5/14/2009, § 4)

   A.   It is the intent of this supplemental regulation that a grower and processor of medical marijuana shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same district so as to comply with Section 2107(1) of the Pennsylvania Medical Marijuana Act, Act 16 of 2016.

   B.   Medical marijuana may only be grown and processed in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. Solid or liquid waste byproduct or remnants generated from the operation shall also be stored in the enclosed secured principal building until picked up for transportation to a facility authorized to accept such waste. Storage of medical marijuana waste remnants in an accessory building or waste refuse container located outside of the principal building is prohibited. Loading areas shall be located within the principal building.

   C.   Growing and processing of medical marijuana shall be limited to wholesale products for sale to another medical marijuana facility. Retail sales of medical marijuana including the operation of a medical marijuana dispensary on the same property as the growing and processing operation is prohibited.

   D.   The use may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center unless a waiver is granted by the Pennsylvania Department of Health.

   E.   All outdoor lighting shall comply with § 27-1112 of this Ordinance.

   F.   Off-street parking and loading spaces shall be provided in accordance with §§ 27-1101 et seq. of this Ordinance. The required number of off-street parking spaces under this Section of the Zoning Ordinance shall be one space for every 2,000 square feet of gross floor area, plus one space for every two employees on the maximum working shift. The required number of loading spaces under this Section of this Ordinance shall be one space for every 7,500 square feet of gross floor area.

   G.   A screen or buffer under § 27-1111 of this Ordinance is required where the use adjoins a residential district or use.

   H.   The use shall obtain a permit and approval from the Pennsylvania Department of Health and the user shall provide a copy of that approval to the Township.

   I.   Growers/processors shall post a bond in the amount of $1,000,000 to secure the Township's potential cost of soil and/or water contamination or abatement of unsafe or dangerous conditions as authorized by law or any provisions of this Ordinance.

   A.   It is the intent of this supplemental regulation that a medical marijuana dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same district so as to comply with Section 2107(2) of the Pennsylvania Medical Marijuana Act, Act 16 of 2016.

   B.   The use shall be conducted in an indoor, enclosed, permanent, and secure building. The use shall have a single secure public entrance that is not shared with any other use or user, and shall not be located inside the same physical space or area of another retail commercial property. The use shall not have a drive-through or outdoor seating. All storage areas shall be separately locked. The medical marijuana shall not be administered or consumed on site. The user shall implement appropriate security and surveillance measures as required by the Pennsylvania Department of Health.

   C.   A medical marijuana dispensary may not operate on the same property as a grower and processor of medical marijuana.

   D.   A medical marijuana dispensary may only dispense medical marijuana to patients and caregivers.

   E.   The use may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center unless a waiver is granted by the Pennsylvania Department of Health.

   F.   All outdoor lighting shall comply with § 27-1112 of this Ordinance.

   G.   Off-street parking shall be provided in accordance with §§ 27-1102 and 27-1118 of this Ordinance. The required number of off-street parking spaces under § 27-1118 of the Zoning Ordinance shall be one space for every 300 square feet of gross floor area. The loading spaces shall be provided in accordance with §§ 27-1103 and 27-1119 of this Ordinance. The required number of loading spaces under § 27-1103 of this Ordinance shall be one space for every 10,000 square feet or less of gross floor area or fraction thereof.

   H.   A screen or buffer under § 27-1111 of this Ordinance is required where the use adjoins a residential district or use.

   I.   The use shall obtain a permit and approval from the Pennsylvania Department of Health and the user shall provide a copy of that approval to the Township.

   A.   The minimum lot size shall not be less than four acres.

   B.   Access drives shall be sufficient in width to accommodate the use, but in no event exceed 25 feet in width. Access drives must connect to a public street.

   C.   A screen or buffer under § 27-1111 of this Ordinance is required where the use adjoins a residential district or use.

   D.   All outdoor lighting shall comply with § 27-1112 of this Ordinance.

   E.   No medical marijuana, marijuana plants, seeds or other raw materials, or any waste generated from a medical marijuana facility, shall be stored on site or within a truck or delivery vehicle on site.

   F.   No parking, loading, idling, storage of any kind, or trucking use shall be allowed within the buffer yard. All truck idling in excess of 15 minutes shall be prohibited.

   G.   Any licenses, permits, or approvals required by the Pennsylvania Department of Health for the use or user must be obtained and a copy provided to the Township.

   A.   The use shall be located not less than 250 feet from any street right-of-way, lot line, one hundred-year floodplain, edge of a surface water body, creek, stream or wetland; and not less than 1,000 feet from any residential zoning district, or lot line where a residential dwelling unit, public, private, or parochial school or day-care center, place of worship, or public recreational activity is located.

   B.   The days and hours of operation shall be limited to Monday through Friday from 8 a.m. to 5 p.m. and Saturday from 8 a.m. to 4 p.m. The facility shall not conduct any approved operations at any other times, and deliveries shall only be permitted during the permitted hours of operation.

   C.   The property shall have one point of ingress and egress, which shall be from a public road sufficient in size to accommodate the proposed traffic generated from the use. The access drive shall be improved in accordance with the Township of Plains Subdivision and Land Development Ordinance. A second access drive shall be provided but restricted to use by emergency vehicles only, and shall be clearly marked and identified as such. The application shall also be accompanied by a plan of the site that includes the location of access drives and proposed structures, and an emergency response plan to address potential safety concerns associated with the use.

   D.   The property shall at all times be maintained so as not to constitute a private or public nuisance, or adversely impact the public health, safety or welfare.

   E.   The proposed use shall have a minimum lot size of five acres and a maximum lot size of ten acres, whether developed initially or cumulatively, with a maximum total capacity to treat or dispose of waste of not more than 500 tons per day.

   F.   Except for the required access drives (which shall be secured by locked gates, which may only be open during business hours) the property shall be completely screened by a wall or fence not less than eight feet in height and a planting strip not less than five feet in depth, with shrubbery, plants or evergreen trees which are a minimum of six feet in height at the time of planting. This area must then be suitably landscaped and maintained with a schedule to be approved by the Township. In addition, an attendant shall be present during all periods of the operation to ensure that: (1) only authorized waste is accepted; (2) the access drives remain unobstructed; and (3) waste is properly stored and disposed of.

   G.   Loading and unloading of waste shall occur within an enclosed building and no outdoor storage of waste shall be permitted. Waste material shall be secured until properly disposed of in accordance with state law.

   H.   All applications shall include the same information, written materials and plans that are to be submitted to the Pennsylvania Department of Environmental Protection, and/or the Pennsylvania Department of Health, as part of the state permitting and approval process.

   I.   All outdoor lighting shall comply with § 27-1112 of this Ordinance.

   J.   The property may not be used as a medical marijuana dispensary or as a grower and processor of medical marijuana.