Potter Township Centre County
City Zoning Code
City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 220-26 General applicability.
The requirements set forth in this article shall be in addition to any other requirements set forth in this chapter and shall apply generally to all lots and uses. Where a requirement of this article conflicts with the requirements of another article herein or another Township or county ordinance, the more stringent shall apply.
§ 220-27 Lot requirements. [1]
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
B.
Every building hereinafter erected shall be located on a lot a as defined herein. There shall not be more than one principal residential building and its accessory structures per lot, except multifamily apartment structures and mobile home parks.
C.
No building shall hereafter be erected unless there is direct access to the structure through an open space on the same lot or a right-of-way at least 50 feet wide extending from the building to a public street.
D.
The minimum lot width of any lot shall be measured along the minimum building setback line as required for that district. Lots located on cul-de-sac turnarounds or curves in the road may have lot widths of less than those required; provided, that the average of the front and back lot line lengths is equal to or greater than the required setback width.
E.
Any portion of a lot included in a street right-of-way shall not be included in calculation lot area hereunder.
F.
No more than five lots or parcels may be served by a private road. All proposed roads and streets must comply with the provisions contained in the Potter Township Road and Street Standards Ordinance [Chapter 177, Article II].
[1]
Editor's Note: Appendix E, Lot Diagrams, is included at the end of this chapter.
§ 220-28 Yard requirements.
A.
Projections.
(1)
Cornices, eaves, gutters, steps or chimneys may project into any required yard but nor more than 24 inches into the required yard.
(2)
Covered porches shall be considered part of the main building and shall not project into any required yard.
(3)
Uncovered patios, driveways, walks, parking areas, stairs and other similar structures may project into required yards, providing that they are no higher than 12 inches above yard grade.
B.
Front yards.
(1)
Front yard setbacks shall be measured from the center line of the adjoining street or road, unless specified otherwise in Article III herein and shall be located at the distance required by the appropriate district regulations.
(2)
Accessory buildings may not be located in any required front yard.
(3)
When an unimproved lot is situated between two improved lots and when each of the improved lots has a principal structure which extends into the required front yard, the front yard of such unimproved lot may be the same depth as the average of the two adjacent improved lots.
C.
Side yards.
(1)
On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.
(2)
An accessory building cannot be constructed on any portion of the required side yard.
D.
Rear yards. An accessory building may be constructed within the required rear yard; provided, that it is at least 10 feet from a rear property line.
§ 220-29 Height regulations.
A.
Necessary appurtenant structures such as penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating equipment or similar equipment required to operate and maintain the building, firewalls, skylights, towers, steeples, flagpoles, parapets, chimneys, wireless masts or similar structures may be erected above the height limits specified in Article III but no penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential use. In addition, water tanks, solar panels, solar collectors and related equipment, utility poles, windmills or towers may be permitted above the designated height limits.
B.
Special agricultural or industrial structures, such as barns, silos, grain elevators, gas holders, or other similar structures where the function or process requires a greater height, may be erected above the height limits specified in Article III.
C.
Any other principal building may exceed the height limits specified; provided, that in each case the building is set back at ground level (or required front, side and rear yards are increased), one foot for each foot of extra height.
§ 220-30 General requirements.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
Two or more uses in the same building. Unless otherwise provided herein, when two or more uses occupy the same building, sufficient parking spaces, yard widths, lot areas, open space, etc., shall be provided so that the standards herein pertaining to each will be met in full.
B.
Fences and walls. No fence or wall (except a retaining wall or a wall of a structure permitted by this chapter) over eight feet in height shall be erected. No fence or wall shall be erected which may cause danger to traffic on a street or public road by obscuring the view or which does not comply with Subsection C below.
C.
Obstructions to vision at street intersections. On a corner lot, no man-made obstruction higher than 30 inches or lower than eight feet above grade shall be permitted within the clear sight triangle. A clear sight triangle shall equal that area of unobstructed vision at street intersections formed by lines of sight between points 75 feet from the intersection of the street center lines.
D.
Outdoor lighting. All outdoor flood lighting and spotlighting shall be installed and shielded in such a manner so as not to cause glare on adjacent or other private properties or upon public streets. The provisions of this section shall not apply to lighting of any sort installed by the Township.
E.
Presumed width of roads. When determining lot or yard sizes or dimensions, the following minimum rights-of-way shall apply:
(1)
All roads with a right-of-way of less than 50 feet shall be considered to be 50 feet wide.
F.
Stripping of topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil, shale or gravel for sale or use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation and grading incident thereto or as permitted by a mineral extraction conditional use permit. Gravel and/or shale pits existing and operating at the time of adoption of this chapter may be continued as nonconforming uses. Should the nonconforming use be abandoned as defined herein, a mineral extraction conditional use permit would have to be obtained before the pit or site might be reopened.
G.
Sewage and water facilities.
(1)
Adequate sewage and water facilities must be provided by the developer. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's Engineer and the Department of Environmental Protection. Bonds or other financial arrangement to insure proper maintenance and operation of the sewage system may be required by the Board of Supervisors before issuance of either a conditional use permit or a zoning permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site, may be required as a condition of issuance of either permit.
(2)
In all cases under this chapter, the reservation of an area on-site, large enough and suitably situated, to permit construction of an on-site sewage system capable of treating the effluent created by the proposed use may be required as a condition of plan approval. This condition may be applied to any application, either for a zoning permit or for a conditional use permit, regardless of the nature of the proposed system and its location (either on-site or off-site). The site need only be reserved at the time of plan submission and construction. Other uses compatible with in-ground sewage disposal (i.e., recreational areas such as parks and ballfields and agricultural uses) may be located on the same site.
(3)
Water must be obtained from wells located on-site unless arrangements are made by the developer to obtain water from a well on adjacent land or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's Engineer to insure that the source will be adequate for the projected use and to the Township's Solicitor, to insure that the necessary instruments are properly drawn to insure a continuing supply.
(4)
In a water quality district, drawing water from a source off-site requires a conditional use permit, except when specifically permitted hereunder. When such a water source is proposed, the water source conditional use application and hearing may be combined with the application and hearing for the overall plan.
(5)
Appropriate permits from state and county agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
H.
Fill. When material is being brought in to a site as fill for construction, grading or landscaping purposes, the following limitations shall apply:
(1)
No decaying animal or vegetable matter, paper waste, trash, refuse, garbage, scrap metal or lumber, stumps, roots, large branches, dead leaves, amiesite and other similar road materials, ash or trees may be used as fill.
(2)
Fill shall consist of clean rock, stone, crushed stone, gravel, earth and the like. Already decayed vegetable matter, such as mulch or peat, may be used, either as fill or to enrich the topsoil.
I.
Solid waste.
(1)
All solid waste generated by any use in the Township must be removed to an approved landfill or other approved facility. Failure to have solid waste removed to an approved landfill, as evidenced by the finding of identifiable waste at any other location, shall be considered a prima facie violation of this chapter.
(2)
It shall be the responsibility of the landowner to ascertain that the waste is being removed to an approved landfill or similar facility. Both the landowner and the company or individual doing the hauling or removing may be held liable for violations hereunder. It shall not be a defense to a charge of violating this chapter that the landowner thought, or was assured, that the waste was going to an approved landfill or similar facility.
(3)
Municipal or residual waste that is generated in the diagnosis, treatment, immunization or autopsy of human beings or animals, in research pertaining thereto, in the preparation of human or animal remains for interment or cremation or in the production or testing of biologicals and which falls under one or more of the following categories: cultures and stocks, pathological wastes, human blood and body fluid waste, animal wastes, isolation wastes and used sharps shall be subject to the Pennsylvania Department of Environmental Protection's regulations related to infectious chemotherapeutic waste and proof of compliance shall be made by the applicant to the Township.
J.
Sinkholes.
(1)
Wastewater. No untreated wastewater from any sewage system or commercial or industrial operation may be discharged into a sinkhole at any time.
(2)
Plan submission. When wastewater discharge into, or within 200 feet of, a sinkhole is contemplated by any applicant for either a zoning permit or a conditional use permit hereunder, the applicant must submit plans for a treatment system to the Zoning Officer who shall, in turn, forward the plan to the Township Engineer for review and comment. The plan submitted must adequately meet the criteria set forth herein.
(3)
Criteria for wastewater discharge. As wastewater discharged into or adjacent to a sinkhole may enter the water table at the level from which drinking water is drawn without appreciable mixing, dilution or filtering, the Township engineer may, when appropriate, require that the system proposed discharge water suitable for human consumption by DEP standards.
(4)
Runoff.
(a)
Runoff from lands adjacent to sinkholes shall, to the greatest extent possible, be channeled away from sinkholes. Runoff from areas with high concentrations of pollutants, such as parking lots, must at the minimum pass through a buffer strip of grass or other suitable vegetation before being allowed to enter the sinkhole.
(b)
Buffer strips, grading and other appropriate techniques shall be employed whenever possible to keep runoff out of sinkholes.
(5)
Stormwater management plan. The Zoning Officer may require the preparation and submission of a stormwater management plan (when not otherwise required hereunder) when, in his discretion, preparation of a plan is warranted by the conditions of the site.
K.
In addition, no structure shall be located nearer than 50 feet to any stream or body of water.
§ 220-31 Prohibited uses.
Any use not expressly permitted in any district shall be prohibited. If an individual desires to undertake any activity not expressly permitted, he may request the Township Supervisors to consider amending this chapter to permit such a use. See Article IX for amendment procedures.
§ 220-32 Dwelling units.
All dwelling units, including seasonal structures, single-family, two-family and multiple-family units shall adhere to the requirements set forth below. In addition to the other requirements hereunder and all other applicable Township and county rules, regulations and ordinances, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
Every dwelling shall be placed upon and firmly anchored to a permanent foundation. A permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such foundation shall be so constructed as to leave no open spaces between the building and the foundation except for windows or other openings as might be necessary for floodproofing.
B.
Every dwelling unit which is to be located in a floodplain district shall comply with all applicable district regulations in Article III and elsewhere in this chapter and with the Potter Township Floodplain Management Ordinance (Chapter 96) and with all other applicable state, federal and local regulations.
C.
Every dwelling unit shall provide a minimum of 720 square feet of living area.
D.
Additional single-family dwelling units may be placed upon individual lots at the rate of one dwelling unit per 50 acres of land in the lot where no subdivision of the lot is involved according to the following scale:
(1)
Less than 100 acres: one single-family dwelling in total permitted.
(2)
More than 100 acres but less than 150 acres: two single-family dwelling units in total permitted.
(3)
More than 150 acres but less than 200 acres: three single-family dwelling units in total permitted.
(4)
More than 200 acres: one single-family dwelling unit per 50 acres.
E.
In addition:
(1)
All single-family dwelling units on the lot shall be counted.
(2)
Each dwelling unit shall have its own individual sewage system or shall be connected to a municipal sewage system.
(3)
Each single-family dwelling unit shall be placed so that the requirements of the applicable subdivision and land development ordinance are met and will allow for future subdivision or land development.[1]
[1]
Editor's Note: See Ch. 184, Subdivision and Land Development.
(4)
Setbacks and other requirements of this chapter shall be met unless a variance is granted by the Zoning Hearing Board as set forth in Article VIII of this chapter.
§ 220-33 Mobile homes on individual lots.
A.
A mobile home may be permitted on an individual lot only as set forth in Article III, or as a temporary use as set forth in § 220-48. When reviewing applications for such proposals, the following criteria shall be utilized and additional information may be required to be submitted where the approving agency feels it necessary in order to adequately protect the health, safety and welfare of the Township residents.
B.
In addition to the other requirements hereunder, and all other applicable Township and county rules, regulations and ordinances, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
(1)
Every lot to be used for the placement of a mobile home shall have a gross area at least equal to the minimum lot size of the district in which it is located. In addition, the unit must be situated on the lot to meet the applicable minimum setback line requirements and the side and rear yard requirements.
(2)
Every mobile home must be placed on a foundation. One of the following types of foundations must be utilized:
(a)
Permanent foundation. A permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such a foundation shall be constructed to leave no unnecessary open space between the mobile home and the foundation, except for windows, or other openings as might be necessary for floodproofing.
(b)
Stand or pad. A pad or stand, properly graded, placed and compacted so as to be durable and adequate to support maximum anticipated loads during all seasons may be utilized, particularly in situations where a permanent foundation is not practical or a temporary foundation is desirable.
(3)
Every mobile home shall be firmly anchored to its foundation prior to the unit being occupied or used in order to prevent overturning or uplift. The foundation shall be provided with anchors and tie-downs, such as cast-in-place "deadmen" eyelets embedded in concrete or runways, crew augers or arrowhead anchors. The anchoring system shall be designed to successfully resist a maximum wind velocity of at least 90 miles per hour.
(4)
Each mobile home shall have a continuous wall around its entire perimeter at the foundation level. The wall shall be constructed in accordance with one of the following methods:
(a)
Permanent wall. A permanent wall may be constructed of either concrete or masonry and shall extend from the unit floor system to the concrete footing below the subgrade frost line, i.e., an extension of a permanent foundation.
(b)
Skirting. If a masonry wall is not used, each mobile home shall be encircled with skirting designed to compliment its appearance. Skirting shall include materials which have been prefabricated for that specific purpose or other impervious, moisture-resistant materials. Skirting shall not include bales of hay, straw, interior plywood or paneling, unfinished woods or like materials. Skirting must be used when a pad or stand is used as a foundation.
(5)
Access to the crawl space created by the installation of the wall as set forth in Subsection B(4) above shall be provided by means of a door or panel capable of being locked.
(6)
Every unit to be used as a dwelling unit must contain a minimum of 720 square feet of living area.
(7)
Every unit which is to be placed in a floodplain district must comply with all applicable provisions under the Potter Township Floodplain Management Ordinance [Chapter 96].
§ 220-34 Conversion apartments and duplexes.
In addition to the other requirements hereunder and all other applicable Township and county rules, regulations and ordinances, such plans and proposals shall meet the requirements set forth below. Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
A.
Conversion shall be limited to two dwelling units per structure. (See definition of "conversion apartment" in § 220-102.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
The lot area per dwelling unit shall not be less than 1/2 of the lot area required for a single-family detached home in the district in which such conversion is proposed.
C.
On-site or suitable off-site sewage treatment shall be provided which is capable of treating the sewage effluent from the two dwelling units created. A sewage permit confirming that such a system(s) can and will be installed shall be presented to the Zoning Officer as a part of the zoning permit application.
D.
The yard, height and other applicable requirements for the district in which the conversion is located shall be strictly adhered to.
E.
All other applicable provisions of this chapter shall apply.
§ 220-35 Seasonal dwellings.
A.
In addition to the requirements herein, all seasonal dwellings shall conform to all applicable Township and county rules, regulations and ordinances.
B.
Where there is a conflict between the provisions of two or more applicable Township ordinances, the more stringent requirement shall apply.
(1)
Definition. As used in this chapter, the following terms shall have the meanings indicated:
SEASONAL DWELLINGS
Permanent structures or mobile homes intended to be utilized only periodically during the year. Such use may include occupancy during hunting and fishing seasons, vacation uses, weekend uses and other similar periodic visits. Such use may not include occupancy for more than 90 consecutive days or a total of more than 180 days in each year.
(2)
Responsibility. The owner(s) of such seasonal dwellings shall be solely responsible for year-round maintenance of their structure(s) and all surrounding lands. When necessary, this maintenance shall include grass cutting. Further, these landowners shall be responsible for all activities occurring on their property.
(3)
Construction requirements. The construction of seasonal dwellings shall meet the following requirements:
(a)
Seasonal dwellings shall not be converted to permanent dwelling units or occupied as permanent dwelling units (i.e., in excess of 90 consecutive days) unless the same shall conform to all applicable Township and county codes and ordinances, including the provisions of this chapter.
(b)
No buses, trucks or similar vehicles or sheds, garages or similar structures are permitted as seasonal dwelling structures.
(c)
No more than one seasonal dwelling unit shall be erected on an individual lot. Minimum lot sizes shall be in accordance with those set forth in Article III.
(d)
Seasonal home developments shall conform to the requirements of this chapter, all other applicable Township ordinances and all applicable county and state requirements.
(e)
All seasonal dwelling units shall conform to the requirements of § 220-32 of this article.
§ 220-36 Home occupations.
A.
A home occupation is a use conducted entirely within a dwelling or accessory building(s), which use is clearly incidental and secondary to the principal residential use. To qualify under the above definition, the following criteria must be met:
(1)
No external alterations or structural changes are necessary.
(2)
The occupation must not produce offensive noise, vibrations, heat, dust or other objectionable conditions.
(3)
No outside storage is required.
(4)
Not more than 25% of the gross area of the dwelling area is used for such purpose.
(5)
Not more than one nonoccupant is employed.
(6)
Two additional off-street parking spaces are provided.
(7)
No deed restrictions for the land in question would prohibit such a use.
B.
For the purpose of this section, an accessory building shall be defined as a structure located on the same lot. The accessory building may not contain more than 50% of the floor area of the residential building except in the case of a farm building such as a barn.
C.
Home occupations shall include, but not be limited to, the following: fine arts and crafts and carpentry shops, studios, dressmaking and music lesson or tutoring facilities, barber and beauty shops, child day care (no more than five children) and insurance and professional offices. In the Agricultural District and the Open Space/Forest District, home occupations may also include facilities for the sale of seed, fertilizer or other farm-related services.
D.
Other home occupations not specified above may be performed as a conditional use upon a finding by the Board of Supervisors that such use complies with Subsection A, above, and other applicable codes and ordinances and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood.
§ 220-37 Private swimming pools.
Swimming pools built as an accessory use for private use shall meet the following provisions:
A.
The pool is to be used solely by the occupants and guests of the principal use of the lot on which the pool is located.
B.
The pool is not to be located within any required front or side yard, nor closer than 15 feet to the rear property line.[1]
[1]
Editor's Note: Original Subsection C, relating to swimming pool fences and walls, which followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 220-38 Child day care/nurseries.
Day care and nursery schools or other agencies or individuals providing day-care services for six or more children are subject to the following provisions:
A.
Outdoor play areas of a least 100 square feet per child shall be provided. Such play areas shall be situated at least 100 feet from any road and be fenced. Adult supervision shall also be provided for outdoor play areas when in use.
B.
Outdoor play areas shall be screened and sound-insulated as much as possible so as to sufficiently protect the neighborhood from noise and other disturbances.
C.
Sewage and water facilities shall be sufficient to handle the additional loading which will occur.
D.
Parking shall be provided for one space per staff member and one space for every six children.
§ 220-39 Agricultural uses.
A.
In all districts, agricultural uses shall include land cultivation activities such as private gardens or orchards.
B.
Nothing in this chapter shall be construed to prohibit a farmer, as herein defined, from carrying out the normal operations of his farming business, including the spreading of manure, fertilizer or other appropriate chemical products. Such noxious odors as are normally associated with farming shall not be construed to be a violation of this chapter.
C.
All owners of concentrated animal operations shall comply with the regulations established by the Pennsylvania Nutrient Management Law, Act 6 of 1993.
§ 220-40 Automotive or motorized vehicle service stations and repair shops.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
Locating exits and entrances. No motorized vehicle service station or repair shop shall have an entrance or exit for vehicles within 300 feet, as measured along a public street, of any lot on which there exists a school, church, playground, chapel, hospital or clinic.
B.
Access. All accessways shall be no closer than 50 feet to the intersection of two street lines.
C.
Pump location. All gasoline pumps shall be no closer than 40 feet to any street or lot line.
D.
Repair work. All repair work (excluding spark plug replacement and other similar minor adjustments) shall be carried out within a structure.
E.
Storage. All fuel, oil, propane gas tanks or other similar substances shall be stored at least 30 feet from any property line. All materials, including new and used parts and junk vehicles or parts thereof, shall be stored within a building. (See also water quality district regulations herein and the Potter Township Floodplain Management Ordinance [Chapter 96].)
F.
Screening and buffer strips. Where adjacent land use dictates, e.g., residential home sites, churches and similar uses, proper screening and buffer strips of 25 feet along property lines of the site shall be provided. At the minimum, fencing shall be six feet in height with plantings in front. In lieu of fencing, a living screen of evergreen shrubs may be planted. Such plantings shall be chosen and placed so that they shall grow together in two years and reach the height of six feet in approximately five years. Any gaps that occur in the screen shall be filled.
G.
Grading and landscaping. Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, an erosion and sedimentation plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover as a portion of the final landscaping requirements. Where adjacent land use dictates, proper screening or buffer strips of 25 feet may be required as Subsection F above.
H.
Automobile sales. No more than three motor vehicles (including trucks, vehicles, ATVs and motorcycles) may be offered for sale at any one time at an automobile service station or repair shop.
I.
Body shop. Body work or painting of vehicles is permitted, provided that:
(1)
The sewage system on the site is designed to handle any wastes generated by the bodywork which are to be flushed into it for disposal.
(2)
The structure within which the body work is to take place meets all applicable labor and industry regulations of the commonwealth and is designed to contain all noise, dust, vibrations and odor generated by body work on the work site.
J.
Sewage facilities. On-site (or suitable off-site) sewage treatment, approved by DEP and the Township Engineer, shall be provided which is capable of treating the sewage effluent created. A sewage permit confirming that such a system can and will be installed shall be presented as a part of the zoning permit application. When appropriate, and especially in a water quality district, the Board of Supervisors may establish special limits on the amount and type of effluent that may be discharged. In addition, the Board of Supervisors may require that areas be set aside for alternate discharge fields or take such other steps as they feel necessary to provide for adequate sewage disposal for the site.
K.
All other provisions of this chapter and other Township, county or state codes, rules, regulations, etc., must be adhered to.
§ 220-41 Variety, gift and antique shops; plan requirements.
[Amended 3-16-1998 by Ord. No. 2-1998]
These uses shall be permitted only as outlined in Article III. In all cases, a plan showing the proposed layout and/or design of the facility shall be submitted. The plan shall show that the following standards will be met:
A.
Traffic access and parking. Adequate vehicular access to the proposed use shall be provided which meets the minimum driveway requirements outlined in § 220-88 of this chapter for nonresidential uses. A copy of the proposed plan shall be forwarded to PennDOT for their review when such a use is proposed to access onto a state road. Adequate parking facilities, as established in Table 1, Off-Street Parking Schedule, in Article VII, shall also be provided.
B.
Sewage and water facilities.
(1)
Adequate sewage and water facilities must be provided by the developer. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's Engineer and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the sewage system may be required by the Board of Supervisors before issuance of a permit. In addition, the construction and maintenance of test wells, or other means of testing the effluent leaving the site, may be required as a condition of issuance of the permit.
(2)
Water must be obtained from wells located on-site unless arrangements are made by the developer to obtain water from a well on adjacent land or from another source, in the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's engineer to insure that the source will be adequate for the projected use and to the Township's solicitor to insure that the necessary instruments are properly drawn to insure a continuing supply.
(3)
In a water quality district, drawing water from a source off-site requires a conditional use permit.
(4)
Appropriate permits from state and county agencies regarding sewage and water facility installations must be presented with the application for a zoning permit. No zoning permit may be issued unless all appropriate ordinances have been satisfied.
C.
Solid waste collection and disposal. Information pertaining to the proposed method and frequency of solid waste collection and disposal shall be included in the permit application. All solid waste shall be transported to an approved facility.
D.
Outdoor lighting. Any outdoor lighting that is installed at any time shall be shielded in such a manner so as not to cause glare on adjacent or other properties or impair the vision of passing motorists.
E.
Grading and landscaping. Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed and erosion and sedimentation plan shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be paved, stoned or protected with a vegetative cover as a portion of the final landscaping requirements. Where adjacent land use dictates, proper screening or buffer strips of 25 feet may be required.
F.
Additional requirements. All other applicable provisions of this chapter, and other ordinances of Potter Township, and all regulations of the Department of Labor and Industry and the Department of Environmental Protection shall be adhered to.
§ 220-42 Personal service, convenience and retail business establishments.
A.
These uses shall be permitted only as outlined in Article III and shall include, but not be limited to: drugstores, small-scale local grocery stores, shoe repair and sale shops, laundries, tailoring shops, bakeries, hobby shops, jewelry stores and other similar uses. Any use not specifically listed in this section or § 220-41, above, shall be considered by the Planning Commission as part of a plan submitted under § 220-41 above. The standards set forth in § 220-41 of this chapter, and all other applicable Township rules, regulations and ordinances shall apply.
B.
In the case of a convenience store with gas pumps and/or any sort of auto repair facilities, the standards set forth in § 220-40 shall apply.
§ 220-43 Barber and beauty shops.
As separate and distinct uses, barber and beauty shops may be permitted in accordance with Article III. The standards outlined in § 220-41 of this chapter and all other applicable regulations shall apply.
§ 220-44 Professional offices and/or clinics.
These uses may be permitted only as outlined in Article III and may be permitted to be located in converted residential structures. In the commercial districts, professional offices may also be located in office-complex type structures and may include facilities to accommodate a variety of services such as medical and dental clinics. The standards listed in § 220-41 of this chapter and all other state and local regulations shall apply.
§ 220-45 Churches and places of worship and funeral homes.
These uses may be permitted in accordance with Article III. The standards listed in § 220-41 of this chapter and all other state and local regulations shall apply.
§ 220-46 Municipal government buildings.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
These uses may be permitted in accordance with Article III. "Municipal government buildings" shall be defined as any building to be owned, operated, leased, built, occupied or maintained by the Township of Potter and the emergency services, such as fire and ambulance, that operate partially or wholly within the Township. The standards listed in § 220-41 of this chapter and all other state and local regulations shall apply when applications for these uses are being considered.
B.
In particular, all requirements of the Commonwealth's Department of Labor and Industry and the Department of Environmental Protection shall be adhered to. The Pennsylvania Department of Transportation should also be requested to review such proposals to determine the adequacy of all proposed access points, regardless of the ownership of the abutting roadway(s).
§ 220-47 Nonmunicipal government buildings.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
These uses may be permitted in accordance with Article III. "Nonmunicipal government buildings" shall be defined as any building to be owned, operated, leased, built, occupied or maintained by any government entity other than the Township of Potter and the emergency services, such as fire and ambulance, that operate partially or wholly within the Township. The standards listed in § 220-41 of this chapter and all other state and local regulations shall apply when applications for these uses are being considered.
B.
In particular, all requirements of the Commonwealth's Department of Labor and Industry and the Department of Environmental Protection shall be adhered to. The Pennsylvania Department of Transportation should also be requested to review such proposals to determine the adequacy of all proposed access points, regardless of the ownership of the abutting roadway(s).
§ 220-48 Temporary uses and/or temporary structures.
[Amended 3-16-1998 by Ord. No. 2-1998]
Permanent installations, with existing permanent structures and water/sewer systems, which make facilities available for a number of short-term entertainment activities, such as Grange Fair, shall not be construed as temporary uses for purposes of this section.
A.
Temporary use permit. A temporary use zoning permit may be issued by the Zoning Officer for a temporary use such as a carnival or circus in any district. Such temporary permit shall be valid a specified number of days to a total of no more than 21 days. No temporary use under this section may remain in place for more than 21 days at any one time, except those stated below.
B.
A temporary permit may be issued in any district for structures or uses which are accessory during construction or for other special circumstances of a nonrecurring nature. A special temporary permit may be issued for the placement and use of a mobile home as a single-family dwelling as set forth herein. Approval for such permits shall be subject to the following conditions:
(1)
The life of a permit involving temporary construction shall not exceed six months except as set forth below. The permit may be renewed for ninety-day periods at the discretion of the Board of Supervisors.
(2)
The life of a garage or porch sale may not exceed one week without authorization from the Zoning Hearing Board. No more than two such sales shall be conducted by the same person on the same premises during any twelve-month period of time.
C.
Such temporary use permit shall be issued only after the applicant has submitted the following information:
(1)
A plan showing that adequate parking will be provided and that adequate traffic control precautions will be taken.
(2)
Information showing the temporary sewage disposal facilities to be used shall be presented with written assurances from the Department of Environmental Protection that the facilities so envisioned will be adequate.
(3)
If the temporary use, or any part thereof, is to take place on land not owned by the applicant, a written agreement shall be presented in which the owner of the property agrees to the temporary use of his property.
(4)
Once a temporary permit is issued the applicant shall conform to the following strictures:
(a)
The site of the temporary use shall not be left unattended by the applicant or his agents at any time during the period that the use is located on the site.
(b)
If a state of emergency has been declared, such as the threat of natural disaster, the Township Supervisors may direct the applicant to remove all vehicles, tents, animals, temporary structures and other materials out of any area designated by the Federal Emergency Management Agency as a flood hazard area or any other area deemed to be unsafe. This shall be done promptly upon receipt of direction from the Township Supervisors.
(c)
Any solid waste generated by the temporary use shall be collected and disposed of by the applicant at an approved facility.
(d)
All vehicles, tents, temporary structures, animals and any other materials brought into the site shall be removed within the time period stated in the temporary permit.
(5)
The applicant shall remove all trash and other debris from the site and, insofar as possible, shall restore the site to the condition it was in prior to the use. Ruts and other damage caused by the passage of vehicles shall be reasonably repaired.
(6)
Temporary nonconforming uses may be authorized by the Board of Supervisors.
§ 220-49 Automotive sales facilities (new or used vehicle sales).
Such uses shall be permitted only as set forth in Article III and shall adhere to the following additional conditions:
A.
The unenclosed storage of automobiles and other vehicles not in running condition shall be prohibited.
B.
In the agricultural districts, such sales operations shall be limited to agriculturally related equipment only.
C.
Repair or servicing work shall be carried out within a structure. In addition, vehicle repair or servicing operations shall meet the requirements of § 220-40.
D.
All other applicable provisions of this chapter, including setbacks and driveway access, shall be adhered to.
§ 220-50 Mobile homes for farm-related uses.
[Amended 3-16-1998 by Ord. No. 2-1998]
Although independent mobile homes on individual lots are not listed among the uses permitted in the agricultural district, they may be permitted as accessory uses in that district. In cases where a parcel of land in excess of 50 acres is being utilized for farming purposes, permits for the placement of as many as two independent mobile homes on the tract may be issued under the following terms and conditions:
A.
The permits shall be designated "permit for temporary accessory use." The permit shall be obtainable, and valid, only so long as the land is used for farming. The permits shall run from date of issuance for two years. The permits must be renewed upon expiration. The mobile home(s) installed under the permit shall be used in conjunction with the normal activities of the subject farm, including overall farm management, farm equipment or material storage or dwelling units to be used or occupied by individuals engaged in maintenance of the farm, farming or caretaking. The units shall not be rented to anyone whose main employment is not on the subject farm.
B.
All applicable provisions of this chapter and other federal, state, county and local regulations shall be adhered to. Of particular significance, in cases involving units to be used for dwelling purposes, would be the State DEP's soils testing and sewage system installation requirements.
§ 220-51 Bed-and-breakfast inns.
[Amended 3-16-1998 by Ord. No. 2-1998]
A.
A bed-and-breakfast inn provides a maximum of nine guest rooms (limited to a maximum of 16 persons) available for transient occupancy for which compensation is received on an overnight basis for periods not to exceed seven days with breakfast being available on the premises at no additional cost. A bed-and-breakfast inn is allowable only in a building originally constructed as a one-family dwelling.
B.
A bed-and-breakfast inn must be located on a public maintained highway with direct access to the highway. Direct access shall mean an entrance located on the same property as the bed-and-breakfast inn.
C.
The following criteria must also be met:
(1)
No restaurant shall be permitted. Food service shall be limited to breakfast for resident guests only.
(2)
The bed-and-breakfast inn shall be owner-occupied and managed.
(3)
No amplified music, outdoor parties or similar activities for commercial use shall be permitted.
(4)
A home occupation permit is also required.
(5)
One off-street parking space shall be provided for each guest room.
(6)
All applicable provisions of this chapter and other federal, state, county and local regulations shall be adhered to. Of particular significance are the Pennsylvania Department of Environmental Protection's sewage facility requirements and regulations enforced by the Bureau of Water Supply and Community Health.
§ 220-52 Greenhouses.
Greenhouses shall be permitted only as set forth in Article III. When reviewing applications for proposals of this nature, the Township shall apply the following criteria and may require additional information to be submitted where it feels necessary in order to properly protect the health, welfare and safety of the Township residents and to effectuate the purpose of this chapter and other Township ordinances.
A.
Definitions. The following words and terms further define the term "greenhouse" and, when used in this chapter, shall have the following meanings unless the contest clearly indicates otherwise:
GREENHOUSES
Shall be distinguished from roadside stands in that a structure designed solely or primarily for the display of plants and agricultural products for sale and having little or no area devoted to the long-term growing of plants shall be considered a roadside stand, whereas a structure primarily designed and devoted to the propagation of plants and agricultural products shall be considered a greenhouse.
PRIVATE GREENHOUSE
A greenhouse structure of any size which is not intended for the commercial (retail or wholesale) production of plants. A greenhouse falling under this definition would not be operated as a business enterprise. This type of use is considered to be accessory to the principal use within the zoning district that permits greenhouses as an accessory use. A private greenhouse may be permitted as a home occupation if the applicant complies with the standards set forth in § 220-36, Home occupations, and is limited to the sale of plants or plant products produced in the private greenhouse.
RETAIL/WHOLESALE COMMERCIAL GREENHOUSE
A greenhouse structure of any size which is intended primarily for the growing, display and sale of plants to the general public or to other retail/wholesale outlets. No power equipment, such as gas or electric lawn mowers and farm implements, may be sold retail or wholesale.
B.
Temporary and permanent.
(1)
A greenhouse as defined in Subsection A shall be considered temporary if it meets the following criteria:
(a)
It is covered for no more than 34 weeks per year by a nonreusable covering.
(b)
It has no floor covering other than dirt or gravel.
(c)
It has no permanently installed heat. Electrical supply is permitted.
(d)
It is a nonrecurring use or structure.
(e)
Does not have a permanent foundation.
(f)
A temporary use permit application has been approved by the Zoning Officer.
(2)
All greenhouses shall be considered permanent structures unless they comply with Subsection B(1), above, and must be permitted accordingly.
(3)
The following additional standards shall apply:
(a)
The site for a retail/wholesale commercial greenhouse shall be at least five acres in size, except for a private greenhouse to be used as a home occupation where the area for the private greenhouse shall be no more than 25% of the total lot area, up to a maximum of two acres, that may be devoted to such use.
(b)
The maximum lot coverage of all buildings shall not exceed 35%.
(c)
Every building shall comply with the setback requirements for the zoning district in which it is located.
(d)
All commercial vehicles must be screened from view of adjacent residential properties.
(e)
If use is for retail/wholesale commercial greenhouses, off-street parking at one space per each 300 square feet of gross floor area shall be provided.
§ 220-53 Forest product removal operations or controlled timbering.
[Added 3-16-1998 by Ord. No. 2-1998]
A.
These types of operations shall be permitted only as outlined in Article III.
B.
Rules and regulations adopted by the Environmental Quality Board under authority of the Clean Steams Law[1] require that every earthmoving operation be conducted in such a manner as to prevent accelerated soil erosion and sedimentation. These State regulations impose certain restrictions on soil-disturbing activities (including controlled timbering operations) and require erosion and sediment control practices and measures to be planned, implemented and maintained. Failure to abide by any applicable county, sate or other rule or regulation shall be considered a violation of this chapter and may be prosecuted as such by the Township, independent of steps taken by any other agency.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C.
The requirements listed below shall pertain in instances where a property owner intends to enter into a contract with a logging firm or another individual to have timber removed from his land whatever the acreage involved or in instances where a property owner intends to remove the timber from or disturb an area of his own land in excess of 10 acres at any one time for the purpose of selling forest products. The intent of these regulations is to control large-scale timbering operations and to protect the aesthetic quality of the Township. These regulations are not intended to be, and shall not be, applied or administered in instances where a property owner intends to remove small quantities of lumber from his property periodically for his own personal use, as set below:
(1)
Soil erosion and sedimentation control. The applicant shall supply plans to the Board which indicate the precautions that are to be taken to avoid accelerated soil erosion and sedimentation. A soil erosion and sedimentation control plan is required to be prepared and available at the site of all such operations until the operation is concluded and the affected area has been stabilized. The applicant shall contact the Centre County Soil Conservation District concerning the preparation of such plans and also to obtain a report on the soil characteristics of the site. The plan submitted to the Board shall contain the information so obtained. All exposed ground surfaces shall be stabilized or protected with a vegetative cover.
(2)
Access to the site.
(a)
The applicant shall submit information indicating his proposed means of access to the harvesting area; i.e., the roads and/or other methods that are to be utilized to transport materials to and from the site. This information shall be reviewed to determine whether appropriate measures are to be taken to protect against accelerated stormwater runoff, soil erosion, sedimentation of streams, etc., both during the course of removal operations and after the operations and roadways are abandoned.
(b)
Soil type, method of construction, location and grade of access and proposed methods of drainage, stabilization and maintenance will all be considered and should be incorporated into the applicant's forest harvesting proposal. The County Conservation District and the Department of Environmental Protection can provide assistance to the applicant in these areas.
(c)
In addition, if a street in the Township road system is to be utilized as a major means of access to the operation, the Supervisors may require the applicant to file a bond or other security guarantee to insure the road's continued maintenance and to repair any damage resulting from use, including accelerated wear. The bond or other security so provided may be used by Potter Township to repair any damage to its road(s) which may be caused or attributable to the operation of heavy trucks and lumbering equipment.
(d)
During those periods of the year when the Township roads are specially susceptible to degradation, the months of February, March and April, and at times when temporary temperature and weather situations occur which are likely to result in road conditions inappropriate for heavy loads at frequent intervals, the Township may directly contact those involved in a timber-cutting operation and restrict or prevent hauling on Township roads until the situation abates.
(e)
When stream crossings are proposed in order to access the harvesting area or to haul products from the site, the applicant must contact the Department of Environmental Protection, Bureau of Dams and Waterway Management and the Pennsylvania Fish and Boat Commission to determine if permits are required for such crossings. When permits are required for such crossings, the state permits must be acquired prior to the issuance of a Township zoning permit. In addition, a ford may not be used in any operation located on a watershed of a Township or domestic water supply or within the watershed of a stream containing natural or planted populations of trout or other game fish within 500 feet upstream of a water supply and/or unless expressly authorized in the conditional use permit.
(3)
Permit requirements.
(a)
A permit must be applied for and obtained from the Department of Environmental Protection prior to commencement of the activity when the harvesting area contains 25 or more acres. Where less than 25 acres are involved, no state permit is required. However, a soil erosion and sedimentation control plan must be compiled whether or not a state permit is required and all other applicable provisions of this and other Township ordinances adhered to. In instances where a state permit is necessary, that permit shall be obtained prior to the issuance of a zoning permit by the Township. Even though a state permit has been obtained, the applicant must still conform to the applicable Township rules, regulations and ordinances.
(b)
Prior to the issuance of a zoning permit by the Township, the logger/applicant shall execute an agreement with the Township for the repair of Township roads over which the logger/applicant will be hauling timber. The agreement shall be available from the Township office or from the Road Superintendent.
[Added 3-15-1999 by Ord. No. 3-1999]
(4)
Buffer strip.
(a)
Trees may be harvested to the boundary line of a tract, except that no line trees, corner trees or witness trees may be cut.
(b)
When the tract to be harvested adjoins a residential use, there shall be no clear cutting within 25 feet of the adjoining property line without the express written permission of the adjoining landowner(s). Within this area, however, trees over 14 inches in diameter at breast height (14 inches dbh) may be harvested without the consent of the adjoining landowner.
(c)
Where harvesting is to take place in the vicinity of any stream containing natural or planted populations of trout or other game fish, a buffer strip of least 100 feet from the center line of the stream shall be maintained on both sides of the stream. The ground and plant life in this buffer strip shall be left as undisturbed as possible (except where absolutely necessary for a road or crossing). Within this area, only trees over 14 inches in diameter at breast height (14 inches dbh) may be cut but no more than 1/2 the basal area may be removed; also, all tops shall be dragged at least 25 feet from the stream bank and tops shall be lopped to four inches in diameter or four feet from the ground, whichever is less. Smaller trees and brush shall not be cut in this area, except as absolutely necessary. The Board of Supervisors may require the applicant to file a bond or other security to insure that damage to any stream will be repaired. The bond or other security can be used by the Township to repair any damage cause by or attributable to the timbering operation, including restoring a stream to the condition it was in before the timbering took place. The Board of Supervisors may require additional screening or buffer strips where appropriate.
(5)
Restoration of the site.
(a)
Following completion of the timbering operation, the applicant shall restore the site, including roadways, as much as possible, including but not limited to:
[1]
Removal of all trash and garbage.
[2]
Roadways and landings shall be smoothed and shaped. Culverts being removed shall be replaced with water bars, broad-based dips or ditches. Culverts being left in place will be properly sized and covered with at least two feet of fill.
[3]
Branches, tops and similar residue may be left on site. Within 100 feet of a road, tops shall be lopped to four-inch diameter or four feet above ground level, whichever is less.
[4]
All temporary stream crossings installed in accordance with the Pennsylvania Department of Environmental Protection's permits shall be properly removed.
(b)
A restoration plan shall be submitted along with the rest of the material submitted by the applicant for a zoning permit. The plan, as submitted, must meet with the approval of the Board of Supervisors before the zoning permit may be issued. If the reviewing authority deems necessary, a bond or other security may be required to insure proper restoration of the site. Administration of the bond or other security shall be set forth in § 220-55D.
(6)
Additional requirements. All other applicable state, federal or local regulations shall apply, including those of the State Department of Environmental Protection.
(7)
Permit not necessary for small scale timbering. No zoning permit will be required from anyone removing 10,000 board feet or less of wood (or equivalent measure) in any calendar year. No permit shall be required for the cutting of trees for maintenance, landscaping, removal of dead tress or similar purposes and the provisions of this section shall not apply to these activities.
