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Salisbury Township City Zoning Code

ARTICLE IV

Specific Criteria

§ 340-49 Specific standards for special exception and conditional uses.

In addition to the general criteria listed in §§ 340-138C and 340-147, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such case, the specific special exception or conditional use standards shall apply. The specific criteria of this Article IV shall also supersede any other conflicting standards listed in other ordinances of the Township. For the purposes of this Article IV, any required setbacks imposed upon special exceptions or conditional uses shall be measured from the boundary line of the site for which the special exception or conditional use is requested, regardless of whether or not this line corresponds to a property line or a lease line.

§ 340-50 Apartments above ground floor commercial use.

[Added 2-20-2018 by Ord. No. 2-20-18-1; amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, apartments above ground floor commercial uses shall be subject to the following regulations:
A. 
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.
B. 
All floors above grade shall have direct means of escape to ground level.
C. 
Two off-street parking spaces shall be provided for each apartment unit.
D. 
The applicant shall obtain any required land development approvals.

§ 340-51 Adult-related facilities.

Within the GC Zone, adult-related facilities are permitted by special exception, subject to the following criteria:
A. 
An adult-related facility shall not be permitted to be located within 1,000 feet of any other adult-related facility.
B. 
No adult-related facility shall be located within 600 feet of any residentially zoned land.
C. 
No establishment shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:
(1) 
Amusement park.
(2) 
Camp (for minors' activity).
(3) 
Child-care facility.
(4) 
Church or other similar religious facility.
(5) 
Community center.
(6) 
Museum.
(7) 
Park.
(8) 
Playground.
(9) 
School.
(10) 
Other lands where minors congregate.
D. 
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult entertainment establishment to the closest point on the property line of said land use.
E. 
No materials, merchandise or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
F. 
Any building or structure used and occupied as an adult-related facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed, and no sale materials, merchandise or film shall be visible from outside of the building or structure.
G. 
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
H. 
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 17 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
I. 
No adult-related facility may change to another adult-related facility, except upon approval of an additional special exception.
J. 
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
K. 
No unlawful sexual activity or conduct shall be permitted.
L. 
No more than one adult-related facility may be located within one building or shopping center.

§ 340-52 Airport/heliport.

Within the A Zone, airport/heliports are permitted by conditional use, subject to the following criteria:
A. 
Minimum lot area: 30 acres.
B. 
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
C. 
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation Bureau of Aviation prior to the approval of the conditional use application.
D. 
No part of the takeoff/landing strip and/or pad shall be located nearer than 300 feet from any property line.

§ 340-53 Amusement arcades.

Within the GC Zone, amusement arcades are permitted by special exception, subject to the following criteria:
A. 
All activities shall take place within a completely enclosed building.
B. 
The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the arcade.
C. 
A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 340-34F of this chapter.
D. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
E. 
If an amusement arcade with a total of five or fewer machines and/or terminals is located within a convenience store, off-street parking shall be provided in accordance with § 340-74.
[Added 3-5-2019 by Ord. No. 3-5-19-1]

§ 340-54 Automobile auctions and/or automobile storage compounds.

Within the I Zone, automobile auctions and/or automobile parking or storage compounds shall be permitted by special exception, subject to the following criteria:
A. 
Any site used for the sale, parking and/or storage of more than 150 vehicles shall front solely upon collector or arterial streets;
B. 
All exterior areas used for the sale, parking and/or storage of automobiles shall be completely enclosed by a minimum six-foot-high fence, which shall be subject to the I Zone's setback requirements imposed upon off-street parking lots;
C. 
Access drives shall be governed by § 340-33 of this chapter for a distance of 100 feet from the edge of the street right-of-way. Beyond this, all areas used for vehicle sales, parking or storage shall not be governed by § 340-34; however, all areas shall include a nonpaved all-weather, dust-free surface;
D. 
Vehicles may be parked and/or stored in a horizontally stacked configuration; however, no vehicles shall be located more than 100 feet from a minimum eighteen-foot-wide on-site access drive;
E. 
All lighting shall be designed and constructed so as not to cast glare on adjoining streets and/or properties; and
F. 
In addition to the preceding requirements, automobile auctions shall comply with the following:
(1) 
The sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display areas, stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The sales area shall include all indoor and outdoor areas as listed above;
(2) 
The sales area shall be set back at least 50 feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment;
(3) 
Any exterior lighting and amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties;
(4) 
Exterior trash receptacles shall be provided amid any outdoor sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter;
(5) 
The servicing, reconditioning, demolition, or junking of vehicles is prohibited;
(6) 
The applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with all applicable state and federal regulations; and
(7) 
No part of the auction shall be located within 200 feet of any land within the R-1 and R-2 Zones.

§ 340-55 Automobile, boat, farm machinery, truck, trailer, mobile home and heavy equipment service and repair facilities.

[Amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, automobile, boat, farm machinery, truck, trailer, mobile home and heavy equipment service and repair facilities shall be subject to the following regulations:
A. 
All service and/or repair activities shall be conducted within a completely enclosed building.
B. 
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining streets.
C. 
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the service or repair operation shall be permitted.
D. 
All exterior vehicle and machinery storage areas shall be screened from adjoining residentially zoned properties and streets.
E. 
The storage of unlicensed vehicles for more than 60 days is prohibited.
F. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed towards any adjoining residentially zoned property.
G. 
All vehicles shall be repaired and removed from the premises promptly.
H. 
The demolition or junking of vehicles, trailers, boats and other machinery is prohibited.

§ 340-56 Automobile filling stations (including minor incidental repair).

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, automobile filling stations (including minor incidental repair) are subject to the following criteria:
A. 
The subject property shall have a minimum width of 125 feet.
B. 
The subject property shall front on an arterial or collector street.
C. 
The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.
D. 
The outdoor storage of motor vehicles (whether capable of movement or not) for more than one month is prohibited; however, one covered car (with a car cover) may be stored in the rear yard indefinitely.
E. 
All structures (including gasoline pump islands but not permitted signs) shall be set back at least 30 feet from any street right-of-way line.
[Amended 9-6-2022 by Ord. No. 9-6-22-1]
F. 
No outdoor storage of auto parts shall be permitted.
G. 
Access driveways shall meet all requirements of § 340-33.
H. 
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residentially zoned properties.

§ 340-57 Bed-and-breakfast establishments.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, bed-and-breakfasts, as defined herein in this chapter, are subject to the following criteria:
A. 
For the purposes of this chapter, a bed-and-breakfast shall be defined as a single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods not exceeding one week.
B. 
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
C. 
All floors above grade shall have direct means of escape to ground level.
D. 
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.
E. 
All parking areas shall be set back a minimum of 25 feet from all property lines.
F. 
A bed-and-breakfast may erect one sign no larger than 12 square feet in size. Such sign must be set back 10 feet from all lot lines.
G. 
Meals shall be offered only to registered overnight guests.
H. 
An approved means of sewage disposal and water supply shall be provided.
I. 
The applicant shall furnish evidence that the proposed bed-and-breakfast will meet all UCC requirements.

§ 340-58 Boardinghouses.

Within the R-2 Zone, boardinghouses are permitted by special exception, subject to the following criteria:
A. 
Minimum lot area: one acre.
B. 
The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.
C. 
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
D. 
All floors above grade shall have direct means of escape to ground level.
E. 
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.
F. 
All parking areas shall be set back a minimum of 25 feet from all property lines.
G. 
Meals shall be offered only to registered tenants.
H. 
One sign, not to exceed six square feet, shall be permitted.
I. 
The applicant shall furnish evidence that the proposed bed-and-breakfast will meet all UCC requirements.

§ 340-59 Campgrounds.

Within the OS Zone, campgrounds are permitted by special exception on a minimum of 10 acres, subject to the following criteria:
A. 
Setbacks. All campsites shall be located at least 50 feet from any side or rear property line, and at least 100 feet from any public street line.
B. 
Each campsite shall be at least 3,000 square feet in size and shall either provide parking space for one automobile which will not interfere with the convenient and safe movement of traffic or equivalent parking shall be provided in a common parking area.
C. 
An internal street system shall be provided. The pavement width of one-way access drives shall be at least 14 feet, and the pavement width of two-way access drives shall be at least 24 feet. On-drive parallel parking shall not be permitted.
D. 
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.
E. 
All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties.
F. 
Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall have vehicular access from the campground's internal street, rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially zoned parcels.
G. 
All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as identified on the Official Zoning Map.
H. 
A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, at least 100 feet from any residential zone and at least 25 feet from adjoining lot lines.
I. 
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.
J. 
During operation every campground shall have an office in which shall be located the person responsible for operation of the campground.
K. 
All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection.
L. 
All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

§ 340-60 Car washes.

Within the GC Zone, car washes are permitted by special exception, subject to the following criteria:
A. 
Public sewer and water facilities shall be utilized.
B. 
For automatic and self-service car washes, each washing bay shall provide a minimum 100-foot-long on-site stacking lane which precedes the washing process. For full-service car washes, such on-site stacking shall be at least 300 feet per lane.
C. 
For full-service car washes, a post washing drying area shall be provided for no less than six vehicles per washing lane;
D. 
All structures housing washing apparatuses shall be set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.
E. 
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter.
F. 
The subject property shall front on an arterial or collector street.
G. 
The applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.

§ 340-61 Churches and related accessory uses.

[Amended 7-21-2020 by Ord. No. 7-21-20-1; 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, churches and related accessory uses shall be subject to the following regulations:
A. 
House of worship.
(1) 
Minimum lot area, two acres.
(2) 
Minimum lot width, 200 feet.
(3) 
All houses of worship shall have vehicular access to an arterial or collector highway.
(4) 
Side yard setback: 50 feet on each side.
(5) 
All off-street parking areas shall be set back at least 25 feet from the street right-of-way line.
B. 
Church-related residences (rectories and convents).
(1) 
All residential uses shall be accessory and located upon the same lot or directly adjacent to a lot containing a house of worship.
(2) 
All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the site's zone.
C. 
Church-related educational or day-care facilities.
(1) 
All educational or day-care uses shall be accessory and located upon the same lot as a house of worship.
(2) 
If education or day-care is offered below the college level, an outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence, and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
(3) 
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
(4) 
Passenger dropoff areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
(5) 
All educational or day-care uses shall be governed by the location, height and bulk standards imposed upon principal uses within the underlying zone.
(6) 
Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students enrolled below grade 10, and/or one off-street parking space for each three students, grades 10 and above.

§ 340-62 Clubhouses for private clubs.

Within the OS Zone, clubhouses are permitted by special exception, subject to the following criteria:
A. 
All private clubs shall front and have access to an arterial or collector street.
B. 
All off-street parking shall be provided between the front face of the building and a point 25 feet from the right-of-way line of adjoining street(s). Parking compounds will also be set back 30 feet from any adjoining residential lot lines.
C. 
All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.
D. 
Screening shall be provided along any adjoining residentially zoned property.
E. 
All clubhouses and related facilities (e.g., pavilions, parking lots, etc.) shall be at least 100 feet from all property lines.
F. 
Such clubhouses shall be used by an organization whose primary objective is the use and enjoyment of the natural environment.
G. 
The applicant shall describe the specific methods that have been used to ensure minimum disruption of the site's and area's natural character.

§ 340-63 Cluster Development (R-1) Zone.

Within the R-1 Zone, cluster developments are permitted by conditional use, subject to the following criteria:
A. 
The minimum area devoted to a cluster development shall be two acres.
B. 
All units contained within a cluster development shall be served by public sewer and public water utilities.
C. 
Lot design requirements. See the following table:[1]
[1]
Editor's Note: The table Design Standards, Cluster Development is included as an attachment to this chapter.
D. 
Preparation of natural and cultural features inventory and the delineation of required common open space. At least 20% of the cluster development site shall be devoted to common open space. As part of the site planning process for the cluster development, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. The applicant must submit credible evidence of the location and a description of any of those features listed below:
(1) 
One-hundred-year floodplains;
(2) 
Steep slopes (greater than 15%);
(3) 
Wetlands; streams, ponds, or other water bodies;
(4) 
Sinkholes, caves, vistas, or other significant geologic features;
(5) 
Threatened or endangered species habitats;
(6) 
Archaeological resources;
(7) 
Historic resources; and
(8) 
Significant stands of mature trees.
E. 
The intent of providing a detailed natural and cultural features inventory is to ensure that the proposed cluster development arranges development so as to protect sensitive and/or important features. Therefore, the applicant is required to demonstrate how the proposed development satisfies this objective. While it may not be necessary to protect every individual feature (e.g., isolated trees, rock outcrops and other small isolated features), the applicant must protect and preserve substantially contiguous areas and/or important isolated areas of such features. These features shall become all or part of the required common open space.
F. 
In addition, the applicant can include proposed parklands within required common open space if such parkland complies with the following:
(1) 
The site shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each site shall have at least one area available for vehicular access that is no less than 24 feet in width;
(2) 
The site shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate, where practicable, ball fields, courts and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park, parklands should be provided, where practicable, as an expansion of the existing facility;
(3) 
The site shall have suitable topography and soil conditions for use and development as active play areas. No more than 25% of the site shall be comprised of floodplains, stormwater management facilities and/or slopes exceeding 3% unless said areas are deemed by the governing body to have significant natural and/or recreational value as parklands. Any unimproved site shall be provided with a healthy and vibrant grass ground cover;
(4) 
The site shall be located and designed to conveniently access proximate public utilities (e.g., sewer, water, power, etc.). However, no part of any overhead utility easement, nor any aboveground protrusion of an underground utility should be permitted in active play areas of the site;
(5) 
No part of the site shall be calculated as part of any required setback, yard and/or open space for adjoining lots or uses as regulated by this chapter; and
(6) 
The site shall comply with any applicable design, orientation, size and location guidelines listed in the Township's Official Comprehensive Plan for its particular neighborhood.
G. 
An essential element of the cluster development application is a written description and plan for the disposition of ownership of common open space. Such description shall be provided in accordance with § 340-45 of this chapter.

§ 340-64 Cluster Development (R-2) Zone.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Within the R-2 Zone, cluster developments are permitted by conditional use, subject to the following criteria:
A. 
Within the R-2 Zone, the minimum area devoted to a cluster development shall be two acres (see § 340-15).
B. 
All dwelling units contained within a cluster development within the R-2 Zone shall be served by public sewer and public water utilities.
C. 
Preparation of natural and cultural features inventory.
(1) 
As part of the conditional use application for the cluster development, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. The applicant shall submit credible evidence of the location and a description of those features listed below:
(a) 
One-hundred-year floodplains;
(b) 
Steep slopes (greater than 15%);
(c) 
Wetlands, streams, ponds, or other water bodies;
(d) 
Sinkholes, caves, or other significant geologic features;
(e) 
Threatened or endangered species habitats;
(f) 
Archaeological resources;
(g) 
Historic resources; and
(h) 
Significant stands of mature trees.
(2) 
The intent of providing a detailed natural and cultural features inventory is to ensure that the proposed cluster development arranges development so as to protect sensitive and/or important natural and cultural features. Therefore, the applicant is required to demonstrate how the proposed development satisfies this objective. While it may not be possible to protect every individual feature (e.g., isolated trees, rock outcrops), the applicant shall protect and preserve substantially contiguous areas and/or important isolated areas of such features. These features shall become all or part of the required common open space.
(3) 
In addition, the applicant may include proposed parklands within required common open space if such parkland complies with the following:
(a) 
The site shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each site shall have at least one area available for vehicular access that is no less than 24 feet in width;
(b) 
The site shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate, ball fields, courts and other open play areas. Further, should a development be proposed at a location contiguous to an existing park, parklands should be provided as an expansion of the existing facility;
(c) 
The site shall have suitable topography and soil conditions for use and development as active play areas. No more than 25% of the site shall be comprised of floodplains, stormwater management facilities and/or slopes exceeding 3% unless said areas are deemed by the governing body to have significant natural and/or recreational value as parklands. Any unimproved site shall be provided with a healthy and vibrant grass ground cover;
(d) 
The site shall be located and designed to conveniently access proximate public utilities (e.g., sewer, water, power, etc.). However, no part of any overhead utility easement, nor any aboveground protrusion of an underground utility shall be permitted in active play areas of the site; and
(e) 
No part of the site shall be calculated as part of any required setback, yard and/or open space for adjoining lots or uses as regulated by this chapter.
(4) 
An essential element of the cluster development application shall be a written description and plan for the ownership, maintenance and management of common open space. Such description shall be provided in accordance with § 340-45 of this chapter.

§ 340-65 Commercial day-care facilities.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, commercial day-care facilities are subject to the following criteria:
A. 
An outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back at least 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).
B. 
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
C. 
Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
D. 
One off-street parking space shall be provided for each six students enrolled.

§ 340-66 Commercial hog operations.

Commercial hog operations, where permitted by special exception, are subject to the following regulations:
A. 
All buildings used for the housing of hogs shall consist of a solid concrete slab or slotted floor.
B. 
The minimum lot area shall be 25 acres.
C. 
Any area used for the housing, feeding and watering and/or outdoor running of hogs shall be set back at least 200 feet from all property lines and 500 feet from any residential zone.
D. 
The applicant shall furnish evidence from the Lancaster Conservation District that the proposed use has an approved manure management plan that complies with the PA DEP publications Manure Management for Environmental Protection and Swine Manure Management. All subsequent operations on the site shall be required to strictly adhere to this approved manure management plan.
E. 
All uses shall be required to demonstrate compliance with Chapter 296, Stormwater Management.

§ 340-67 Commercial poultry operations.

Commercial poultry operations, where permitted by special exception, are subject to the following regulations:
A. 
The minimum lot area shall be 25 acres.
B. 
Any area used for the housing of poultry shall be set back at least 200 feet from all property lines and 500 feet from any residential zone. The applicant shall furnish evidence from the Lancaster Conservation District that the proposed use has an approved manure management plan that complies with the PA DEP publications Manure Management for Environmental Protection and Poultry Manure Management. All subsequent operations conducted on the site shall be required to strictly adhere to this approved manure management plan.
C. 
All uses shall be required to demonstrate compliance with Chapter 296, Stormwater Management.

§ 340-68 Commercial produce operations.

Within the A and I Zones, commercial produce operations are permitted by special exception, subject to the following criteria:
A. 
Minimum lot area: 50 acres.
B. 
Maximum permitted lot coverage: 30%, including all impervious surfaces.
C. 
The applicant shall submit written evidence from the appropriate review that the proposed use has an approved nutrient management plan. All subsequent operations and activities shall be conducted in accordance with such plans. If at any time the nutrient management plan is amended, the applicant must again submit written evidence of plan approval to the Zoning Officer.
D. 
The applicant shall furnish evidence from the Lancaster Conservation District that the proposed use has an approved conservation plan. All subsequent operations and activities shall be conducted in accordance with such conservation plan. If at any time the conservation plan is amended, the applicant must again furnish evidence from the Lancaster Conservation District that the amended plan has been approved.
E. 
The applicant shall abide by and demonstrate a working knowledge of those methods that will be employed to comply with the above-required nutrient management plan and conservation plan.
F. 
If greenhouses or other buildings with substantially clear or translucent surfaces are used, no artificial lighting may be used for growing which can be viewed from adjoining roads or properties between the hours of official sunset to official sunrise. Any other lighting on the site shall be designed and arranged so as not to cast glare on adjoining streets or properties.
G. 
Any exhaust or ventilation fans employed shall be oriented and directed away from the closest residence that is not that of the operator. If said fans are within 1,000 feet of the closest subject property line, then the applicant shall construct a dispersion buffer. Such dispersion buffer shall include a vegetative berm that will effectively disperse or redirect fan exhaust so that no direct exhaust velocity is perceptible at any of the subject property lines.
H. 
Any driveway or access drive providing for vehicular access to the proposed use shall be paved and shall maintain a fifty-foot-wide radius for all turns and intersections.
I. 
Any on-site waste storage facilities shall comply with the requirements of § 340-12B(7)(b) of this chapter.
J. 
While a commercial produce operation exists, no subdivision or land development that would create an additional principal dwelling unit shall be permitted on the subject property.
K. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
L. 
In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the municipal engineer.
M. 
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the municipality.
N. 
A water feasibility study shall include the following information:
(1) 
Calculations of the projected water needs;
(2) 
A geologic map of the area within a radius of at least one mile from the site;
(3) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;
(4) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;
(5) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution;
(6) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(7) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and
(8) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
O. 
Should the proposed use not make use of public water and require more than 100,000 gallons of water per day, the applicant shall furnish written evidence of approval from the Susquehanna River Basin Commission.
P. 
All commercial produce operations must comply with applicable stormwater management regulations of Chapter 310, Subdivision and Land Development.
Q. 
The applicant shall be required to obtain an approved land development under Chapter 310, Subdivision and Land Development.
R. 
The applicant shall be required to submit a traffic impact study in accordance with § 340-44 of this chapter.
S. 
The applicant shall be required to submit a written qualified plan for the removal of all buildings and the reclamation of all topsoil in the event of discontinuance of the commercial produce operation. If the site is graded during construction and operation of the commercial produce operation, all topsoil shall remain on the site in a manner which makes it conveniently accessible for reclamation. Should the applicant not adequately guarantee the removal of such buildings and reclamation of topsoil upon discontinuance of the commercial produce operation at his/her expense, the conditional use shall be denied.
T. 
The site shall include one off-street parking space for each employee during the largest work shift.
U. 
No retail sales shall be permitted on the site, except for roadside stands as permitted by § 340-12B(7)(a).
V. 
All buildings and storage/processing structures shall be set back at least 100 feet from adjoining streets and properties, and all off-street parking and loading spaces, outdoor storage areas and dumpsters shall be set back at least 50 feet and screened from adjoining streets and properties.
W. 
One sign as provided for in § 340-37B shall be permitted.
X. 
All uses shall be required to demonstrate compliance with Chapter 296, Stormwater Management.

§ 340-69 Commercial recreation facilities.

[Amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, commercial recreation facilities shall be subject to the following regulations:
A. 
If the subject property contains more than two acres, it shall front on an arterial or collector street.
B. 
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
C. 
Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy.
D. 
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
E. 
Required parking will be determined based upon the types of activities proposed and the schedule listed in § 340-34F. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining streets.
F. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining streets during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining streets. If at any time after the opening of the commercial recreation facility the Supervisors determine that traffic backups are occurring on adjoining streets, and such backups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise means of access to relieve the undue congestion.
G. 
Any outside pedestrian waiting lines shall be provided with a means of shade.

§ 340-70 Commercial stockyards or feedlots.

Within the A and I Zones, commercial stockyards and feedlots are permitted by special exception, subject to the following criteria:
A. 
Minimum lot area: 25 acres.
B. 
No part of the subject property shall be within 500 feet of any land within the RR, R-1 or R-2 Zones.
C. 
A working plan for the removal of deceased animals shall be submitted and continuously implemented by the applicant. In no case shall any deceased animals remain on the site for more than 24 hours.
D. 
All access drives onto the site shall be paved for a distance for at least 200 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
E. 
The owner and/or operator shall be responsible for removing any mud from public streets caused by persons traveling to and from the site.
F. 
Adequate off-street parking and loading areas must be provided. No parking or loading/unloading shall be permitted on or along any street.
G. 
Soil erosion, sedimentation, and stormwater runoff shall be controlled in accordance with all applicable laws and regulations.
H. 
A traffic study shall be prepared in accordance with § 340-44 of this chapter.
I. 
The subject property shall front along and have access to an arterial street.
J. 
Any area used for the storage, keeping, feeding, watering, or running of livestock shall be completely enclosed by suitable fencing to prevent animal escape, and such area shall be set back at least 200 feet from all property lines.
K. 
All outdoor loudspeaker and lighting systems shall be designed, arranged and operated so as to prevent objectionable impact on adjoining parcels and streets.
L. 
The applicant must obtain and submit all necessary state permits and approvals.

§ 340-71 Communication antennas, towers and equipment.

Within the I and OS Zones, communications antennas, towers and equipment shall be permitted by special exception, subject to the following criteria:
A. 
The applicant shall demonstrate that the proposed location is necessary for the efficient operation of the system.
B. 
Any communication tower shall be set back from each property line a distance equal to its height plus 50 feet. This setback shall also be applicable to guide wire anchors for the communication tower.
C. 
All towers and guide wire anchors shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
D. 
All ground-mounted satellite dishes that are used to transmit video format data shall be completely enclosed by a minimum eight-foot high, nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended.
E. 
The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent 1) the toppling of any communication tower onto adjoining properties and/or streets, and 2) the wind-borne scattering of ice onto adjoining properties and/or streets.
F. 
No site shall be located within 500 feet of:
(1) 
Any land within the R-1, R-2, or RR Zones;
(2) 
The nearest property line of any existing residence;
(3) 
The nearest property line of any approved lot which has been subdivided during the last five years for residential purposes, which has not yet been constructed; and
(4) 
The nearest property line of any lot proposed for residential purposes which has been submitted for preliminary or final subdivision approval.
G. 
The applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration and the Federal Communications Commission.
H. 
Communications antennas which are capable of transmitting signals shall not create electrical, electromagnetic, microwave, or other interference off site.
I. 
The applicant shall submit expert testimony that the communication tower or antenna is the minimum height required to function satisfactorily.
J. 
The applicant shall submit a plan for the removal of the communication tower and the communication antenna when they become functionally obsolete or are no longer in use. The applicant shall be responsible for the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete.
K. 
In order to reduce the number of antenna support structures needed in the Township in the future, any proposed support structure shall be designed to accommodate other users, including, but not limited to, police, fire and emergency services.
L. 
If an antenna site is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift, but in any event may not be less than two off-street parking spaces.
M. 
No land development approval will be required for the erection of cellular towers and accessory equipment buildings. A subdivision plan will be required from applicants who propose to lease or purchase a portion of an existing tract; however, applicants who are only obtaining a license to erect such towers will not be required to obtain subdivision approval.

§ 340-72 Communication antennas, towers and equipment located within public or private street right-of-way.

[Added 2-20-2018 by Ord. No. 2-20-18-1]
Communication antennas, towers and equipment (including, but not limited to, data services and/or distributed antennae system facilities) shall be permitted by conditional use within the rights-of-way of public or private streets only within the Agricultural (A) Zone, General Commercial (GC) Zone, Regional Commercial (RC) Zone, and Industrial (I) Zone, and only if the communications tower, antenna, and equipment meet all of the following requirements:
A. 
No communications antennas, towers or equipment shall be installed within a public street right-of-way or a private street right-of-way where utility facilities serving lots abutting such street are located underground. Communications antennas, towers, and equipment shall be installed only within rights-of-way of streets where there are utility poles and overhead wires existing on December 31, 2017.
B. 
An application for a new communications tower in a street right-of-way shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a communications tower shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
C. 
The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the public street right-of-way based on public safety, traffic management, physical burden on the public street right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
D. 
Communications towers and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the public street right-of-way as determined by the Township. In addition:
(1) 
In no case shall ground-mounted equipment, walls or landscaping be located within 18 inches of the face of the curb.
(2) 
Ground-mounted equipment that cannot be installed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(3) 
All required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(4) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(5) 
Any underground vaults related to communications towers shall be reviewed and approved by the Township.
E. 
Design regulations.
(1) 
The communications antennas and communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township.
(2) 
Any substantial change to an existing communications tower shall require prior approval of the Township.
(3) 
Any proposed communications tower shall be designed structurally, electrically and in all respects to accommodate both the applicant's antennas and comparable antennas of future users, including antenna for public safety needs by emergency responders.
(4) 
The height of any communications tower shall not exceed 60 feet. Any height extension to an existing communications tower shall require an additional special exception. Guy wires are not permitted. Any communications tower shall be self-supporting.
F. 
Additional antennae. The applicant shall allow and encourage other service providers to co-locate antennae on communications towers where technically and economically feasible. The owner of a communications tower shall not install any additional antennae without obtaining the prior written approval of the Township.
G. 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a communications tower and/or equipment in the public street right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower and/or equipment when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.
(2) 
The operations of the Township or other governmental entity in the right-of-way.
(3) 
Vacation of a street or road or the release of a utility easement.
(4) 
An emergency as determined by the Township.
H. 
Compensation for public street right-of-way use. Every communications tower and/or communications equipment in the public street right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the public street right-of-way. Such compensation for public street right-of-way use shall be directly related to the Township's actual public street right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public street right-of-way management activities by the Township. The owner of each communications tower and/or communications equipment shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual public street right-of-way management fee for communications towers and/or communications equipment shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual public street right-of-way management costs as applied to such communications tower and/or communications equipment.
I. 
The owner and/or lessee of any communication antennas, towers, and equipment located within a public street right-of-way shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.

§ 340-73 Convenience commercial center.

Within the I Zone, convenience commercial centers are permitted by special exception, subject to the following criteria:
A. 
One convenience commercial center may be established in each I Zone that contains at least 150 contiguous acres.
B. 
No individual lot within the convenience commercial center shall contain less than one acre nor be less than 150 feet wide.
C. 
A convenience commercial center shall include a combination of at least three of the following uses:
(1) 
Convenience grocery and/or dairy stores.
(2) 
Pharmacies and/or drugstores.
(3) 
Dry cleaner store branches (not including on-site cleaning).
(4) 
Restaurants, including fast-food facilities.
(5) 
Automobile filling stations (including accessory service and/or repair facilities).
(6) 
Barbers and beauty salons.
(7) 
Photocopying stores.
(8) 
Banks and other similar financial institutions.
(9) 
Retail sales of stationery, office supplies.
(10) 
Photographic studios.
D. 
No convenience commercial center shall exceed 10% of the total land area devoted to the adjoining I Zone, and in no case shall a neighborhood convenience center exceed two acres in size.
E. 
The overall acreage of a proposed convenience commercial center shall not exceed the actual acreage devoted to permitted uses within the I Zone that have already been constructed and occupied.
F. 
All buildings, structures, parking lots, off-street loading areas, signs, dumpsters and access drive associated with a convenience commercial center shall be set back at least 100 feet and screened from any adjoining residentially zoned property.
G. 
Convenience commercial centers shall be linked to the surrounding I Zone development by safe and convenient walkways.
H. 
No more than two access drives shall provide vehicular access to a convenience commercial center. In no case shall a convenience commercial center front along, nor have direct vehicular access onto, PA Route 30.
I. 
Only one freestanding sign shall be permitted within a convenience center. Such freestanding sign shall not exceed 100 square feet in size and no less than 50% of the total sign area shall be devoted to the advertisement of the convenience commercial center's name. Such sign shall be set back at least 10 feet from all property lines. Individual attached business signs are also permitted subject to the provisions of § 340-37 of this chapter.
J. 
All convenience commercial centers shall be functionally and visually integrated with shared parking, vehicular access, signage and landscaping.
K. 
No building nor structure shall exceed a total height of 25 feet.
L. 
All other requirements of the I Zone shall apply to convenience commercial centers.

§ 340-74 Convenience stores.

[Amended 3-5-2019 by Ord. No. 3-5-19-1; 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, convenience stores shall be subject to the following regulations:
A. 
A minimum of one parking space for each 125 square feet of gross floor area shall be provided. If the convenience store includes an amusement arcade, an additional one parking space shall be provided for each machine or terminal in excess of two. If the convenience store has outdoor seating, an additional one parking space for each four outdoor seats shall be provided.
B. 
Exterior trash/recycling receptacles shall be provided and routinely emptied to prevent the scattering of litter.
C. 
The subject property shall have a minimum width of 200 feet.
D. 
The subject property shall front on an arterial or collector road.
E. 
All structures (including gasoline pump islands, but not permitted signs) and machinery shall be set back at least 50 feet from any street right-of-way line.
F. 
Access driveways shall be in compliance with § 340-33.
G. 
All dumpsters shall be enclosed within a fence.
H. 
If dispensing of motor vehicle fuels, oils, and other motor-vehicle-related items is provided as an accessory use, the convenience store shall also meet all requirements of § 340-56.

§ 340-75 Convention centers.

Within the I Zone, convention centers are permitted by special exception, subject to the following criteria:
A. 
Convention centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development to serve those persons or groups of persons attending the convention center, and not the general public:
(1) 
Offices;
(2) 
Hotels and motels;
(3) 
Meeting rooms and auditoriums;
(4) 
Banquet and social halls;
(5) 
Restaurants (excluding fast-food restaurants);
(6) 
Taverns and nightclubs;
(7) 
Indoor theaters and arenas;
(8) 
Sports stadiums;
(9) 
Retail shops and concessionaires;
(10) 
Personal service shops (i.e., barbers, salons, dry cleaners, tailors, shoe repair, but excluding adult-related uses);
(11) 
Commercial day-care facilities;
(12) 
Information centers and booths; and
(13) 
Outdoor activities provided that no such activities shall be conducted upon any area of required off-street parking or off-street loading, including outdoor amusements, shows for automobiles, consumer goods, agricultural equipment, supplies and livestock, sports equipment, boats, home and building materials and landscaping, community festivals, carnivals, circuses, concerts and other similar events.
B. 
Minimum required lot area: 10 acres.
C. 
All uses shall be served by both public sewer and public water utilities.
D. 
The subject property shall front upon an arterial street.
E. 
Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in § 340-34F of this chapter. In addition, an unimproved grassed overflow parking area to be provided for peak use periods shall be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining streets. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations. If at any time after the opening of the facility the Supervisors determine that traffic backups are occurring on adjoining streets, and such backups are directly related to the lack of on-site parking, the Supervisors can require the applicant to revise and/or provide additional on-site parking space.
F. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining streets. If at any time after opening, the Township determines that traffic backups are occurring on adjoining streets, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise means to relieve the undue congestion.
G. 
Any outside pedestrian waiting lines shall be provided with a means of shade.
H. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
I. 
Those uses involving extensive outdoor activities and/or display shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties and streets. No outdoor storage is permitted.
J. 
A traffic study shall be prepared by a professional traffic engineer, in accordance with § 340-44 of this chapter.
K. 
Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines.
L. 
The convention center is eligible to utilize signage applicable to shopping centers, as listed in § 340-109H of this chapter.
M. 
All uses within the convention center shall be linked with sidewalks and/or pathways to facilitate safe and efficient pedestrian movements.

§ 340-76 Drive-through and/or fast-food restaurant.

[Amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, drive-through and/or fast-food restaurants shall be subject to the following regulations:
A. 
The subject property shall front on an arterial or collector street.
B. 
Exterior trash receptacles shall be provided and routinely emptied so to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.
C. 
All drive-through window lanes shall be separated by curb from the parking lot's interior driveways.
D. 
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
E. 
All exterior seating/play areas shall be completely enclosed by a three-foot high fence.
F. 
Any lot adjoining land within a residential zone shall maintain a thirty-five-foot setback for buildings, structures, off-street parking lots, loading areas and outdoor storage areas, from the residentially zoned parcels. Such areas shall be used for a landscaped strip and screen.

§ 340-77 Dry cleaners, laundries and laundromats.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, dry cleaners, laundries and laundromats are subject to the following criteria:
A. 
Public sewer and water shall be used.
B. 
All activities shall be conducted within a completely enclosed building.
C. 
During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed.
D. 
Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.
E. 
Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

§ 340-78 ECHO housing.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, ECHO housing is subject to the following criteria:
A. 
The elder cottage shall be of portable construction and may not exceed 900 square feet of floor area.
B. 
The total building coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum lot coverage requirement for the zone.
C. 
The elder cottage shall only be occupied by at least one person who is at least 50 years old, handicapped or disabled and is related to the occupants of the principal dwelling by blood, marriage or adoption.
D. 
The elder cottage shall be occupied by a maximum of two people.
E. 
Utilities.
(1) 
For sewage disposal and water supply and all other utilities, the elder cottage shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards.
(2) 
If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Zoning Hearing Board showing that the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Sewage Enforcement Officer.
F. 
A minimum of one all-weather off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the elder cottage, in addition to that required for the principal dwelling.
G. 
The elder cottage shall be installed and located only in the side or rear yards and shall adhere to all side and rear yard setback requirements for principal uses.
H. 
The elder cottage shall be removed from the property within three months after it is no longer occupied by a person who qualifies for the use.
I. 
Upon the proper installation of the elder cottage, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every 12 months until such time as the elder cottage is required to be removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit.

§ 340-79 Farmers' and/or flea markets.

[Amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, farmers' and/or flea markets shall be subject to the following regulations:
A. 
The retail sales area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales area shall include all indoor and/or outdoor areas as listed above.
B. 
The retail sales area shall be set back at least 50 feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.
C. 
Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area and shall be designed in accordance with § 310-29 of Chapter 310, Subdivision and Land Development, of the Code of the Township of Salisbury.
D. 
Off-street loading shall be provided at the retail sales, as listed in § 340-35B of this chapter. Again, the retail sales area, as described above, shall be used to calculate needed loading space(s).
E. 
All outdoor display and sales of merchandise shall cease no less than one hour prior to dusk.
F. 
Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties.
G. 
Exterior trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.

§ 340-80 Farmhouse expansion.

[Amended 2-20-2018 by Ord. No. 2-20-18-1; 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, single-family detached dwellings located on a lot of at least 10 acres may be expanded to a two-family dwelling, subject to the following requirements:
A. 
The additional dwelling unit shall be occupied by either the principal owner(s) or persons related to the principal owner(s) by blood, marriage, or adoption.
B. 
The applicant shall comply with planning requirements set forth in 25 Pa. Code § 71.73 and shall obtain a permit from the Sewage Enforcement Officer.
C. 
A single-family detached dwelling shall not be expanded to a two-family dwelling if a second single-family detached dwelling is located on the same lot.
D. 
The single-family detached dwelling may not be expanded for the purposes of establishing a rental unit or for being used as a rental unit.

§ 340-81 Farm occupations.

Within the A and OS Zones, farm occupations are permitted by special exception, subject to the following:
A. 
One farm occupation is permitted which must be conducted as an accessory use to an existing, actively farmed parcel containing at least 25 acres on or before December 22, 1996, or 40 acres for any farm parcels created after December 22, 1996.
B. 
In its review of the special exception request for a farm occupation, the Zoning Hearing Board shall determine the number of full-time nonresident employees involved in the on-site conduct of the farm occupation.
C. 
Farm occupations. The farm occupation shall be located within one or more buildings that have no more than a combined total of 4,000 square feet of gross floor area. Buildings that existed as of November 16, 2010, may be converted for farm occupations without limitations on size, provided that the area to be devoted to the farm occupation is delineated and differentiated from areas devoted to farm operations. Any new building constructed for use by the farm occupation shall be located behind the farm's principal buildings or must be no less than 100 feet from any adjoining streets or properties. Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use or removed if the farm occupation is discontinued.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]
D. 
Outdoor storage of items associated with the farm occupation is permitted in the rear yard up to a maximum of 4,000 square feet. The outdoor storage area shall not at any time exceed the interior gross floor area devoted to the farm occupation. No materials shall be stacked to a height exceeding six feet. All outdoor storage areas shall be screened from adjoining streets and properties with the type and placement of screening to be approved by the Zoning Hearing Board.
E. 
No part of a farm occupation shall be located within 100 feet of any side or rear lot line, nor 500 feet of any land within a residential zone. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the farm occupation and the property/zoning line.
F. 
Trucks, trailers, equipment, etc., associated with the farm occupation may be stored on the lot. Such trucks, trailers and equipment associated with the farm occupation shall be parked behind the farm occupation building within the delineated outdoor storage area.
G. 
No manufacturing, mechanical or industrial use shall be permitted which causes any noise, odor, glare, fume, smoke, dust, vibration, electromagnetic interference or other hazard that is noticeable at or beyond the closest lot line. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances shall be permitted, except for wastewater treatment.
H. 
One nonilluminated sign not exceeding two square feet shall be permitted and shall be set back a distance at least equal to its height from every lot line.
I. 
For farm parcels of up to 50 acres in size, while any farm occupation exists no nonfarm subdivision of the site (except as per § 340-110) shall be permitted.
J. 
Retail sales shall be limited to goods and materials that are produced on site. Products and components of products produced on site may be sold at retail. In no case shall the area devoted to retail sales comprise more than 20% of the gross floor area of the building or portion of the building in which the farm occupation is conducted.
K. 
The applicant shall provide evidence indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Lancaster County which have been contracted to dispose of the materials and wastes used or generated on site or some other legal means of disposal. No burning of waste is permitted. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed on a regular basis. Should the nature of the farm occupation change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner of the farm operation shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
L. 
All trash dumpsters shall be located within the allowed outdoor storage area, screened from adjoining streets and properties and completely enclosed with a masonry or fenced enclosure equipped with a self-latching door or gate.
M. 
Upon the approval of the application and construction of the use, the Zoning Officer shall issue a temporary certificate of use and occupancy. Such certificate shall be reviewed every 12 months until such time as the use is removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary certificate of use and occupancy. Such fee shall be based upon the cost of the annual review. To perform such review, the Zoning Officer will forward a survey form to the owner of the use, regarding the scale of operation of the use. The failure to accurately complete and return the survey shall be a violation of this chapter, if the use continues to exist.

§ 340-82 Farm support businesses.

(Reserved)

§ 340-83 Golf course.

Golf courses shall be permitted by conditional use in the A Zone, subject to the following standards:
A. 
The site shall contain no less than 30 acres. The site shall not be composed of a majority of Class I, II or III soils as identified by the soil survey.
B. 
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway.
C. 
Golf paths. Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be provided with a dust-free surface. The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossing shall conform with § 310-28 of Chapter 310, Subdivision and Land Development, of the Code of the Township of Salisbury.
D. 
All golf course buildings shall be set back 75 feet from any adjoining streets and 100 feet from adjoining residential structures or parcels.
E. 
Golf courses may include the following accessory uses, provided such uses are reasonably sized and located so as to provide incidental service to the golf course employees and users:
(1) 
Clubhouse, which may consist of:
(a) 
Restaurant, snack bar, lounge and banquet facilities;
(b) 
Locker rooms and restrooms;
(c) 
Pro shop;
(d) 
Administrative offices;
(e) 
Golf cart and maintenance equipment storage and service facilities;
(f) 
Guest lodging for those using the golf course, provided that:
[1] 
No lodging units have separate exterior means of ingress/egress;
[2] 
All lodging units shall be contained within the main clubhouse; and
[3] 
Such guest lodging shall have a total occupancy of no more than 20 persons;
(g) 
Fitness and health equipment, including workout machines, spas, whirlpools, saunas and steam rooms;
(h) 
Game rooms, including card tables, billiards, ping-pong, video games, pinball machines, and other similar table games; and
(i) 
Babysitting rooms and connected fence-enclosed playlots.
(2) 
Accessory recreation amenities located outside of a building, including:
(a) 
Driving range, provided that the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties and streets;
(b) 
Practice putting greens;
(c) 
Swimming pools;
(d) 
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;
(e) 
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;
(f) 
Picnic pavilions, picnic tables, park benches, and barbecue pits;
(g) 
Hiking, biking, horseback riding, and cross-country ski trails; and
(h) 
Playground equipment and playlot games, including four-square, dodgeball, tetherball, and hopscotch.
(3) 
Freestanding maintenance equipment and supply buildings and storage yards.
F. 
All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and streets.
G. 
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining streets.

§ 340-84 Group day-care facility.

Within the A, RR, R-1, OS and R-2 Zones, group day-care facilities are permitted by special exception, subject to the following criteria:
A. 
All group day-care facilities shall be conducted within a detached single-family dwelling.
B. 
A group day-care facility shall offer care and supervision to no more than six different minors during any calendar day.
C. 
All group day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Human Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least 25 feet and screened from any adjoining residentially zoned property. A minimum four-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade such as a tree(s) or pavilion.
E. 
Passenger dropoff and pickup areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

§ 340-85 Health and fitness club.

[Amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, health and fitness clubs shall be subject to the following regulations:
A. 
Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses.
B. 
All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line and 25 feet from all other lot lines and 100 feet from any residentially zoned properties.
C. 
Any accessory eating or retail use shall not be directly accessible without passing through the main club house building.
D. 
All lighting of outdoor recreation areas shall be arranged to prevent glare on adjoining properties and streets.

§ 340-86 Heavy equipment sales, service, and/or repair facilities.

Within the I Zone, heavy equipment sales, service and/or repair service facilities are permitted by special exception, subject to the following criteria:
A. 
All service and/or repair activities shall be conducted within a completely enclosed building.
B. 
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining streets.
C. 
All exterior storage and/or display areas shall be screened from adjoining residentially zoned properties. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather dust-free surface.
D. 
The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes, and heavy equipment vehicles on the property is prohibited.
E. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed towards any adjoining residentially zoned property.
F. 
All vehicles shall be repaired and removed promptly from the premises.

§ 340-87 Heavy industrial uses.

Within the I Zone, heavy industrial uses are permitted by special exception, subject to the following criteria:
A. 
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(1) 
The nature of the on-site processing operations, the materials used in the process, the products produced and the generation and methods for disposal of any by-products.
(2) 
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift and an overall needed site size.
(3) 
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
(4) 
A traffic study prepared in accordance with § 340-44 of this chapter.

§ 340-88 Home occupation.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, home occupations shall be subject to the following criteria:
A. 
Only single-family detached dwellings may contain a home occupation.
B. 
No more than one nonresident employee may be permitted.
C. 
Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.
D. 
Only one home occupation per dwelling is permitted.
E. 
Two off-street parking spaces in addition to those required of residence units shall be required. Such parking spaces shall be screened from adjoining properties.
F. 
No goods shall be visible from the outside of the dwelling.
G. 
The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less. All home occupation activities shall be conducted within the dwelling building.
H. 
No manufacturing, repairing or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.
I. 
No external storage of materials or products shall be permitted. No storage in accessory structures or attached garages shall be permitted.
J. 
The exterior appearance of the single-family detached dwelling shall be constructed or maintained as a residential dwelling.
K. 
One nonilluminated sign, not to exceed two square feet in display area, shall be permitted.
L. 
Upon approval of the application, the Zoning Officer shall issue a temporary certificate of use and occupancy. Such certificate shall be renewed every 12 months until such time as the home occupation is discontinued. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner or operator of the home occupation upon each renewal of the temporary certificate of use and occupancy. The Zoning Officer shall forward a survey form to the landowner or operator of the home occupation regarding the scale of the home operation on an annual basis. Failure to accurately complete and return the form shall be a violation of this chapter if the home occupation continues to exist.

§ 340-89 Home improvement and building supply stores.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, home improvement and building supply stores shall be subject to the following criteria:
A. 
If the subject property contains more than two acres, it shall front along an arterial or collector street.
B. 
The retail sales area shall be all areas open for public display, including, but not limited to, shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas as listed above.
C. 
Off-street parking shall be provided at the rate of one space for each 200 square feet of interior retail sales area, plus one space for each 500 square feet of exterior retail sales area.
D. 
All exterior retail sales areas shall include a dust-free surface and a completely enclosed minimum six-foot-high fence and gate.
E. 
All exterior storage and retail sales areas (exclusive of nursery and garden stock) shall be located within a side and/or rear yard, and shall be screened from adjoining streets and properties.
F. 
The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to prevent objectionable impact off the site.
G. 
Any drilling, cutting, sawing, mixing, crushing or some other preparation of building materials, plus any testing or repair of motorized equipment shall be conducted within a completely enclosed building.
H. 
A traffic study shall be prepared by a professional traffic engineer, in accordance with § 340-44 of this chapter.

§ 340-90 Hospital and related uses.

Within the GC Zone, hospitals are permitted by special exception, subject to the following criteria:
A. 
Minimum lot area: five acres.
B. 
The subject property shall have frontage along an arterial street.
C. 
Adequate provision shall be made for a system of streets sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment.
D. 
Emergency entrances shall be located on a building wall which faces away from adjoining residentially zoned properties or is separated by at least 500 feet from residentially zoned properties.
E. 
A traffic study shall be prepared by a professional traffic engineer, in accordance with § 340-44 of this chapter.
F. 
Public sewer, and public water utilities shall be utilized.
G. 
Materials and waste handling. All uses shall be required to provide detailed information regarding materials and waste handling, including:
(1) 
Listing of all materials to be both used or produced on the site;
(2) 
Listing of all wastes generated on the site; and
(3) 
Evidence shall be provided indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within the county which have been contracted to dispose of the materials and wastes used or generated on site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
H. 
Where more than one of the uses enumerated in Subsection I below are proposed either at one time or separately over time, integrated site function and design shall be required consistent with the creation of a campus-like environment.
I. 
Permitted uses:
(1) 
Commercial day-care facilities;
(2) 
Commercial schools with exclusively health care-related curricula intended to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs;
(3) 
Health and fitness clubs;
(4) 
Hospitals and hospices;
(5) 
Intermediate care and skilled nursing facilities;
(6) 
Medical and dental offices;
(7) 
Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient care facilities;
(8) 
Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:
(a) 
Administrative offices;
(b) 
Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility, and oxygen facility);
(c) 
Automobile parking lots and parking garages;
(d) 
Housing for students, employees and their families in accordance with the standards of the R-2 Zone;
(e) 
Lodging facilities for patients and their families;
(f) 
Retail sales of medical/health care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for the convenience of employees, patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty salons, automatic teller banking, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed 5% of the floor area of existing buildings within this Zone;
(g) 
Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health care providers, or the public regarding health care issues;
(h) 
Helistop [see § 340-90J(1)]; and
(i) 
Incinerators and autoclaves [see § 340-J(2)].
J. 
Specific requirements for selected accessory uses:
(1) 
Helistops. The helistop shall only be used for the emergency transport by helicopter of patients to or from other permitted health care-related uses. The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment. The helistop shall be set back a minimum of 300 feet from any adjoining property and any street. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards; and
(2) 
Incinerators and autoclaves. Only the processing of waste generated on site is permitted. All processing and storage of waste shall be conducted within a completely enclosed building. All storage of waste shall be in a manner that is leak- and vector-proof. No storage of waste shall exceed seven days in length. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.
K. 
Maximum permitted height. The maximum permitted height is 90 feet, provided that an additional two feet of required building setback shall be provided for each one foot of height for that portion of building height exceeding 35 feet. Furthermore, any building with floor space exceeding 35 feet in height shall require the applicant to obtain a letter from the Township Emergency Management Coordinator indicating that adequate provision has been made for firefighting and rescue activities.
L. 
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to ensure adequate levels of service.

§ 340-91 Hotels and related dining facilities.

Within the RC Zone, hotels and related dining facilities are permitted by conditional use, subject to the following criteria:
A. 
Both public sewer and public water shall be utilized.
B. 
The following accessory uses may be approved as part of the conditional use application:
(1) 
Auditorium.
(2) 
Barber and beauty shops.
(3) 
Tavern or nightclub.
(4) 
Gift shop.
(5) 
Meeting facilities.
(6) 
Recreational uses and swimming pools.
(7) 
Restaurants.
(8) 
Sauna, spa or steam room.
(9) 
Solarium.
(10) 
Valet shop.
(11) 
Other similar retail sales and personal services.
C. 
The above accessory uses (aside from outdoor recreational uses) shall be physically attached to the main hotel building except as provided in Subsection E.
D. 
All hotels shall be separated by at least 1,000 feet from any other existing hotel facility, as measured from the nearest property line.
E. 
One freestanding restaurant, tavern or nightclub shall be permitted on the same lot as a principal hotel subject to the following:
(1) 
The proposed restaurant, tavern or nightclub shall offer the preparation and serving of food and drink to be consumed on the premises; no drive-through or take-out services shall be permitted.
(2) 
No additional freestanding signs (other than those permitted for the principal hotel use) shall be permitted.
(3) 
If a nightclub is proposed, the applicant shall furnish evidence as to what means ensure that the proposed nightclub will not constitute a nuisance to adjoining uses (including the hotel) by way of noise, litter, loitering and hours of operation.
(4) 
Sufficient off-street parking spaces have been provided and located to conveniently serve the freestanding restaurant, tavern and/or nightclub, without interfering with required off-street parking associated with the hotel use.

§ 340-92 Junkyard.

Within the I Zone, junkyards are permitted by special exception, subject to the following criteria:
A. 
Minimum lot area: 10 acres.
B. 
The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot high sight-tight fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned properties.
C. 
The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.
D. 
All completely enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.
E. 
No material may be stored or stacked so that it is visible from adjoining properties and streets.
F. 
All additional federal and state laws shall be satisfied.
G. 
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.
H. 
No material shall be burned at any time.
I. 
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.
J. 
No junkyard shall be located on land with a slope in excess of 5%.
K. 
All junkyards shall comply with Chapter 200, Junkyards, of the Code of the Township of Salisbury.
[Amended 2-20-2018 by Ord. No. 2-20-18-1]

§ 340-93 Kennels.

[Amended 2-20-2018 by Ord. No. 2-20-18-1; 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, kennels are subject to the following requirements and criteria:
A. 
The applicant shall furnish evidence of an effective means of animal waste disposal which shall be continuously implemented.
B. 
All kennels that are required to be licensed by the Department of Agriculture regulations shall obtain and maintain the required license as long as the kennel is in operation. The kennel operator shall maintain a copy of the license at the kennel and shall provide a copy to the Township upon request.
C. 
No animal shall be permanently kept outside of an enclosed building. No animal shall be left in an outdoor pen, stall or runway over night.
D. 
Minimum lot area: 10 acres.
E. 
All buildings that house animals shall be located to the rear of the principal building on the lot and shall be located a minimum of 100 feet from all property lines. The exterior walls and ceilings of such buildings shall include or be made of soundproofing materials that will prevent noise from being perceived on any property other than the lot on which the kennel is located. The application for a special exception shall include specifications of the soundproofing materials and installation.
F. 
All outdoor pens, stalls, or runways shall be located to the rear of the principal building on the lot. Exercise areas not within a completely enclosed building shall be located to the rear and/or side of the principal building on the lot. All kennel facilities located outside a completely enclosed building shall be fully enclosed with a fence to prevent the escape of animals. A solid visual screen, which may consist of fencing, walls or a combination thereof, which are six feet in height shall be provided to effectively screen all kennel facilities located outside a completely enclosed building. Additionally, vegetative screening shall be provided between any kennel facilities located outside a completely enclosed building and adjoining properties and/or street. Vegetative screening shall meet all requirements of § 310-40E. Vegetative screening alone shall not comply with § 340-93E. Fencing type and vegetation details shall be included with the special exception application.
G. 
The creation of noise by any animal which can be heard on any property other than the lot on which the kennel is located for a period exceeding 30 minutes constitutes a violation of this § 340-93. The landowner and the operator of the kennel shall take measures in accordance with applicable regulations of the Department of Agriculture, the Dog Law,[1] and/or recommendation of a veterinarian to prevent future noise being heard on any property other than the lot on which the kennel is located.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.

§ 340-94 Medical residential campus.

Within the R-2 Zone, medical residential campuses are permitted by conditional use, subject to the following criteria:
A. 
The campus shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 50 years old or possess some handicap that can be treated within a setting like the medical residential campus.
B. 
The campus shall achieve a balanced residential/medical environment which cannot be achieved through the use of conventional zoning techniques.
C. 
Residences shall be functionally, physically and architecturally integrated with medical service and recreational activity centers.
D. 
Commercial, medical and recreational uses shall be grouped together and located near the populations being served.
E. 
The minimum land area devoted to the campus shall be 10 contiguous acres.
F. 
The site shall front on and have access to a collector or arterial street.
G. 
All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned land and 50 feet from all lot lines of the campus property.
H. 
The maximum permitted overall density is 10 dwelling units per acre.
I. 
All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property.
J. 
The maximum permitted height is 60 feet, provided that an additional two feet of required building setback shall be provided for that portion of building height exceeding 35 feet.
K. 
No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.
L. 
Each off-street parking lot shall provide at least 20% of the total parking spaces as those designed for the physically handicapped. (See § 310-29 of Chapter 310, Subdivision and Land Development, for design regulations.) Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required.
M. 
Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement aged community will be permitted. Uses may include, but need not be limited to, the following:
(1) 
Dwellings, nursing homes and congregate living facilities for the elderly or physically handicapped.
(2) 
Medical facilities, including offices, laboratories, clinics, professional or para-medical training centers and ambulatory care facilities.
(3) 
Commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area.
(4) 
Recreational and social uses, such as athletic facilities, community centers and assembly halls, limited to use only by campus residents, employees.
N. 
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to ensure adequate levels of service.

§ 340-95 Mini warehouses.

[Amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, mini warehouses shall be subject to the following regulations:
A. 
Off-street parking spaces shall be provided in accordance with the schedule contained within § 340-34F of this chapter.
B. 
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane.
C. 
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned land and adjoining streets and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.
D. 
All storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
E. 
An on site manager shall be required to be on the site at all times and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. Any dwelling for a resident manager shall comply with all of those requirements listed within the R-2 Zone and shall be entitled to all residential accessory uses provided in this chapter.
F. 
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.
G. 
No door openings for any mini warehouse storage unit shall be constructed facing any residentially zoned property.
H. 
Mini warehouses shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
(1) 
Auctions, commercial wholesale or retail sales or garage sales.
(2) 
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.
(3) 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.
(4) 
The establishment of a transfer and storage business.
(5) 
Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
I. 
The applicant shall adequately demonstrate that all mini warehouse rental and/or use contracts shall specifically prohibit these uses.

§ 340-96 Mobile home parks.

Within the R-2 Zone, mobile home parks are permitted by conditional use, subject to the requirements of the Township's Mobile Home Park Ordinance, Chapter 223, Mobile Homes and Mobile Home Parks, of the Code of the Township of Salisbury.

§ 340-97 Nightclubs.

Within the GC Zone, nightclubs are permitted by special exception, subject to the following criteria:
A. 
No part of the subject property shall be located within 200 feet of any residentially zoned land.
B. 
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.
C. 
The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.
D. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 340-98 Nursing, rest or retirement home.

A. 
Within the R-2 Zone, nursing, rest or retirement homes are permitted by special exception, subject to the following criteria:
(1) 
Minimum lot area. Two acres, and further provided that no more than 17 resident patients or resident guests shall be permitted per acre of lot area.
(2) 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized.
(3) 
Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands.
(4) 
At least 20% of required parking spaces shall be designed for handicapped persons.
B. 
Within the Open Space (OS) Zone, nursing, rest or retirement homes are permitted by special exception subject to the following criteria.
(1) 
Minimum lot area: 15 acres, and further provided that no more than 17 resident patients or resident guests shall be permitted per acre of the lot area.
(2) 
Maximum lot coverage: 30%.
(3) 
In addition to meeting the minimum setback requirements of the Open Space (OS) Zone, all proposed structures shall be located a minimum of 100 feet from properties in residential use.
(4) 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized.
(5) 
Only resident patients of the nursing, rest or retirement home shall reside on the property.
(6) 
The applicant shall provide evidence that all applicable state and/or federal permits, licenses and certificates needed have been secured.
(7) 
Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands.
(8) 
At least 20% of required parking spaces shall be designed for handicapped persons.
(9) 
The subject property shall front and have access to an arterial or collector street.

§ 340-99 Off-track betting parlors.

Within the I Zone, off-track betting parlors are permitted by special exception, subject to the following criteria:
A. 
An off-track betting parlor shall not be permitted to be located within 1,000 feet of any other off-track betting parlor.
B. 
No off-track betting parlor shall be located within 1,000 feet of any land within the Rural, R-1 or R-2 Zones.
C. 
No off-track betting parlor shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:
(1) 
Amusement park;
(2) 
Camp (for minor's activity);
(3) 
Child-care facility;
(4) 
Church or other similar religious facility;
(5) 
Community center;
(6) 
Museum;
(7) 
Park;
(8) 
Playground;
(9) 
School; or
(10) 
Other lands where minors congregate.
D. 
The distance between any two off-track betting parlors shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any off-track betting parlor and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the off-track betting parlor to the closest point on the property line of said land use.
E. 
No more than one off-track betting parlor may be located within one building or shopping center.
F. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.
G. 
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.
H. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
I. 
Off-street parking shall be provided at the rate of one space per each 65 square feet of gross floor area, including related dining, restaurant and snack bar areas.
J. 
All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to nonprimary locations, as defined therein.

§ 340-100 Private and commercial schools.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, private and commercial schools are subject to the following criteria:
A. 
All height, area, setback and coverage standards within the underlying zone shall apply.
B. 
All off-street parking lots shall be set back at least 25 feet and screened from adjoining property lines.
C. 
All buildings shall be set back at least 100 feet from any adjoining land within a residential zone.
D. 
If education is offered below the college level, an outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back at least 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such a shade tree(s) or pavilion(s). Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.
E. 
Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.
F. 
Off-street parking spaces shall be provided in accordance with the schedule contained within § 340-34F of this chapter.

§ 340-101 Public transportation depots.

Within the I Zone, public transportation depots are permitted by special exception, subject to the following criteria:
A. 
The applicant shall submit a traffic impact report in accordance with § 340-44 of this chapter.
B. 
The applicant shall present qualified expert evidence as to how the use will provide for the expected demand for needed, off-street parking spaces for the proposed use. In addition, the applicant shall present evidence of the ability to provide additional off-street parking spaces, if demand increases. The applicant shall also present credible evidence that the number of "oversized" off-street parking spaces provided for public transportation vehicles will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining streets during peak arrival periods.
C. 
The subject property shall have a minimum of 300 feet of street frontage along an arterial road.
D. 
The subject property shall be located no closer than 500 feet from any RR, R-1 and/or R-2 Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus.
E. 
All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line.
F. 
Access driveways shall be a minimum of 24 feet, and a maximum of 35 feet wide. All access drives onto the same street shall be set back at least 150 feet from one another, as measured from closest points of cartway edges.
G. 
Trash receptacles shall be provided amid off-street parking areas which shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant.
H. 
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted.
I. 
The outdoor storage of unlicensed vehicles is prohibited.
J. 
All vehicles and machinery shall be repaired and removed from the premises promptly.
K. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within two weeks after arrival.
L. 
Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines.
M. 
The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 340-102 Public uses.

Within the R-1 Zone public uses are permitted by special exception, subject to the following criteria:
A. 
All height, area, setback and coverage standards within the underlying zone shall apply.
B. 
All off-street parking shall be 10 feet from adjoining property lines.
C. 
Outdoor storage of materials shall be prohibited within residential zones. Outdoor storage in other zones shall be completely enclosed within a six-foot high fence and screened from adjoining streets and properties.
D. 
The storage of maintenance vehicles and related apparatuses shall be within completely enclosed buildings.

§ 340-103 Quarries and other extractive-related uses.

Within the Q Zone, quarries and other extractive-related uses are permitted by conditional use, subject to the following criteria:
A. 
General quarry operations.
(1) 
May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.
(2) 
May not adversely affect any public or private water supply source.
(3) 
May not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township.
(4) 
May not create any significant damage to the health, safety or welfare of the Township and its residents and property owners.
(5) 
May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation.
(6) 
Must demonstrate compliance with all applicable state regulations at all times.
B. 
Site plan requirements. As a part of each application, the applicant shall furnish an accurately surveyed site plan on a scale no less than 1:2,400 showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
(1) 
The boundaries of the proposed land affected, together with the drainage area above and below the area.
(2) 
The location and names of all streams, streets, railroads, and utility lines on or immediately adjacent to the area.
(3) 
The location of all buildings within 1,000 feet of the outer perimeter of the area affected and the names and addresses of the owners and present occupants.
(4) 
The purpose for which each building is used.
(5) 
The name of the owner of the affected area and the names of adjacent land-owners, the municipality and the county.
C. 
Minimum lot area: 50 acres.
D. 
Fencing. A fence measuring at least eight feet in height must enclose the area of actual quarrying. If a chain link fence is used, then said fence shall include a vegetative screen that is provided along the outside of the fence, away from the quarry.
E. 
Setback. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses:
Quarry-Related Feature
Existing Residence
(feet)
Existing Non-residential Building
(feet)
Adjoining Street
(feet)
Public/ Nonprofit Park
(feet)
Cemetery or Stream Bank
(feet)
Adjoining Property**
(feet)
Stockpile or spoilpiles
300
300
100
300
100
100
Mineral processing equipment (e.g., crushers, sorters, conveyors, dryers, etc.)
300
300
100
300
100
100
Quarry pit
300
300
100
300
100
100
On-site access streets and off-street parking, loading and vehicle storage and weighing facilities
300
300
100
300
100
100
Other operational equipment, structures and/or improvements
300
300
100
300
100
100
**
Setback shall be 25 feet to accomplish site reclamation.
F. 
Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining streets and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial streets.
(1) 
All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface.
Speed Limitation on Public Street
(mph)
Required Sight Distance
(feet)
25
240
30
275
35
315
40
350
45
425
50
475
55
550
(2) 
All access drives serving the site shall have a paved minimum thirty-five-foot wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot long gravel section of access drive should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
(3) 
In general, access drives shall intersect public streets at 90°, as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.
G. 
Traffic impact. The applicant shall furnish a traffic study prepared in accordance with § 340-44 of this chapter.
H. 
Reclamation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania Act No. 1984-219, as may be amended, 52 P.S. § 3307(c). The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days whenever a change in the reclamation plan is proposed to the PA DEP.
I. 
Screening. Where the proposed use adjoins a residential zone, an existing residence and/or a street, screening shall be provided. Such screening shall be composed of an earthen berm at least 10 feet in height. Such berm shall be located on the quarry site and placed so as to maximize the berm's ability to absorb and/or block views of and/or noise, dust, smoke, etc., generated by the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. In addition, a landscape screen shall consist of evergreen shrubs and trees arranged to form both a low level and a high level screen within a strip of land with a minimum width of 10 feet. The high level screen shall consist of evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low level screen shall consist of evergreen shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be permanently maintained.
J. 
Operations progress report. Within 90 days after commencement of surface mining operations and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer setting forth all of the following:
(1) 
The name or number of the operation.
(2) 
The location of the operation with reference to the nearest street.
(3) 
A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.
(4) 
The name and address of the landowner or his duly authorized representative.
(5) 
An annual report of the type and quantity of mineral produced.
(6) 
The current status of the reclamation work performed in pursuance of the approved reclamation plan.
(7) 
A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.
(8) 
Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the Pennsylvania Department of Environmental Protection.

§ 340-104 Recycling stations for paper, plastic, glass and metal products.

Within the I Zone, recycling of paper, glass and metal products is permitted by special exception, subject to the following criteria:
A. 
All operations, including collection, shall be conducted within a completely enclosed building.
B. 
There shall be no outdoor storage of materials used or generated by the operation.
C. 
The applicant shall explain the scope of operation and any measures used to mitigate problems associated with noise, fumes, dust and litter.
D. 
The applicant will ensure regular maintenance of the site to ensure the immediate collection of stray debris.

§ 340-104.1 Residential uses within Mixed Use Zone (MU).

[Added 9-6-2022 by Ord. No. 9-6-22-1]
A. 
All dwellings shall be provided with public or community water service and public sewer service.
B. 
The minimum density shall be three dwelling units per acre, and the maximum density shall be 12 dwelling units per acre.
C. 
The minimum lot area for a multiple-family dwelling or townhouse dwelling development tract subdivided after the effective date of this section shall be two acres. Multiple-family dwellings and townhouse dwellings shall be permitted on subdivided lots of less than acres existing on the effective date of this section.
D. 
Buildings containing multiple-family dwellings or townhouse dwellings shall be set back a minimum of 35 feet from all lot boundaries.
E. 
Multiple-family dwellings shall have a maximum height of four stories or 45 feet. Townhouse dwellings shall have a maximum height of 35 feet.
F. 
Off-street parking shall be provided as specified in § 340-34 of this chapter. No off-street parking compound shall be located between a building containing dwelling units and public streets abutting the lot to be developed.
G. 
Multiple-family dwelling and townhouse developments shall meet all requirements of § 340-17.1, Mixed Use Zone (MU), except as modified by this section.

§ 340-105 Riding school and/or horse boarding stable.

Within the RR, A and OS Zones, riding schools and/or horse boarding stables are permitted by special exception, subject to the following criteria:
A. 
Minimum lot area: 10 acres.
B. 
Any structure used for the boarding of horses shall be set back at least 200 feet from any property line.
C. 
All stables shall be maintained so to minimize odors perceptible at the property line.
D. 
All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum four-foot high fence which is located at least 10 feet from all property lines.
E. 
All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.

§ 340-106 Rural occupations.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, rural occupations are subject to the following criteria:
A. 
Only one rural occupation may be conducted on the lot. The gross floor area for rural occupations shall not exceed 2,500 square feet for properties up to one acre and 4,000 square feet for properties two acres or more in size. Applicants must submit a plot plan showing property lines, building locations, loading and storage areas, access driveways, primary and alternate on-site sewage locations and zoning setback lines.
B. 
A rural occupation shall only be conducted within one or a combination of buildings. Buildings that existed as of the effective date of this section (November 16, 2010) may be converted for rural occupations without limitation on size, provided the rural occupation activity remains enclosed. In the event a new building is constructed, the building shall meet the height limitations of § 340-24I(2), shall be located in the rear yard, and shall be set back at least 50 feet from any side or rear lot lines. All applicants are required to design buildings that are compatible with their residential settings.
C. 
In no case shall the total of all impervious surfaces exceed the allowed maximum lot coverage outlined for the zone.
D. 
All off-street parking and loading area shall be screened from adjoining streets and properties and shall be located within the allowed outdoor storage area.
E. 
Outdoor storage shall be permitted in the rear yard so long as its size does not exceed the interior square footage of the rural occupations, is located at least 75 feet from any side lot lines and at least 50 feet from any rear lot lines, and shall be screened from adjoining streets and properties with the type and placement of screening to be approved by the Zoning Hearing Board. No materials shall be stacked to a height greater than six feet. As an alternative, one commercial truck of not more than 11,000 pounds gross weight, licensed work trailers, equipment, etc., may be parked behind the rural occupation building within the outdoor storage area.
F. 
One nonilluminated sign not exceeding two square feet shall be permitted and must be set back a distance at least equal to its height from every lot line.
G. 
No rural occupation and its principal dwelling shall generate more than 20 vehicle trips per day to or from the site. The applicant shall furnish testimony regarding the expected numbers of vehicle trips associated with the proposed use.
H. 
Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street that serves the principal residence; no additional street connections shall be permitted.
I. 
In its review of the special exception request for a rural occupation, the Zoning Hearing Board shall determine the number of full-time nonresident employees involved in the on-site conduct of the rural occupation.
J. 
Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m. unless deemed otherwise by the Zoning Hearing Board. No rural occupation shall be conducted on Sundays.
K. 
No manufacturing, mechanical or industrial use shall be permitted which causes any noise, odor, glare, fume, smoke, dust, vibration, electromagnetic interference or other hazard that is noticeable at or beyond the closest lot line. No use that requires application or permitted by the PA DEP for the handling of hazardous waste or other substances shall be permitted, except for wastewater treatment.
L. 
No retail sales shall be permitted.
M. 
The applicant shall furnish evidence that an approved means of sewage disposal shall be utilized and further that such means is part of the same system in use for the principal residence.
N. 
All trash dumpsters shall be located within the allowed outdoor storage area, screened from adjoining streets and properties, and completely enclosed with a masonry or fenced enclosure equipped with a self-latching door or gate.
O. 
The applicant shall provide evidence indicating that the disposal of all materials and waste will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Lancaster County that have been contracted to dispose of the materials and wastes used or generated on site or some other legal means of disposal. No burning of waste is permitted. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the rural occupation change in the future, such that the materials used or wastes generated changes significantly either in the type or amount, the owner of the rural occupation shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
P. 
Upon the approval of the application and construction of the use, the Zoning Officer shall issue a temporary certificate of use and occupancy. Such certificate shall be reviewed every 12 months until such time as the use is removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary certificate of use and occupancy. Such fee shall be based upon the cost of the annual review. To perform such review, the Zoning Officer will forward a survey form to the owner of the use, regarding the scale of operation of the use. The failure to accurately complete and return the survey shall be a violation of this chapter if the use continues to exist.

§ 340-107 Sawmills.

Within the OS Zone, sawmills are permitted by special exception, subject to the following requirements:
A. 
Minimum lot area: 10 acres.
B. 
All cutting, sawing, grinding or other processing shall be conducted within a completely enclosed building.
C. 
No material shall be deposited or stored and no building or structure shall be located within 200 feet of any property line and 500 feet of any land with an R-1 or R-2 zoning.
D. 
Any external area used for the unloading, transfer, storage or deposition of material must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.)
E. 
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto streets.
F. 
All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a 50-foot long gravel section of driveway shall be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from streets caused by persons traveling to and from the site.
G. 
Litter control shall be exercised to prevent the scattering of wind-borne debris. and a working plan for the cleanup of litter shall be submitted to the Township.
H. 
The sawmill shall only operate between the hours of 6:00 a.m. and 9:00 p.m. on weekdays. No weekend nor holiday operations shall be permitted.

§ 340-108 Shooting ranges.

Within the OS Zone, shooting ranges are permitted by special exception, subject to the following criteria:
A. 
Shooting range operations.
(1) 
May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.
(2) 
May not substantially damage the health, safety or welfare of the Township or its residents and property owners.
(3) 
Must comply with all applicable state and local laws, rules and regulations regarding the discharge of a firearm.
(4) 
Shall limit the storage of ammunition to only that utilized for each day's activity, and in no event shall ammunition remain on the property for greater than 24 hours. The storage of live ammunition may only occur indoors in an area secured from general access.
(5) 
Shall limit the number of shooters to the number of firing points or stations identified on the development plan.
(6) 
Shall require all shooters to satisfactorily complete an orientation safety program given in accordance with the National Rifle Association before they are allowed to discharge firearms.
(7) 
Shall limit the consumption of alcoholic beverages to days when no shooting activities are permitted or when the shooting activities are completed for that day. Furthermore, alcoholic beverages may only be consumed in designated areas away from the firing points or stations.
(8) 
Shall limit firing to one hour after official sunrise and one hour before official sunset.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles or other safety barriers to contain projectives to the safety fan.
C. 
The firing range, including the entire safety fan, shall be enclosed with a six-foot high nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall red letters on a white background shall be posted at a maximum of fifty-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT."
D. 
Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floors and the perimeter of the safety fan.
E. 
All surfaces located within the safety fan, including the backstop, overhead baffles, berms and range floor shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.
F. 
All shooting range facilities, including buildings, parking, firing range and safety fan shall be set back a minimum of 500 feet from the property line and street right-of-way.
G. 
The applicant shall present credible evidence that the sounds of shooting in the nearest residential zone does not exceed the ambient noise level.
H. 
Off-street parking facilities shall be provided with a ratio of 1 1/2 spaces per firing station, but not less than one space for each four seats.
I. 
No part of a shooting range property shall be located within 1/4 mile of any land within a residential zone.

§ 340-109 Shopping centers.

[Amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, shopping centers shall be subject to the following regulations:
A. 
The subject property shall have access within 500 feet of an arterial or collector street, and all access drives shall be set back at least 150 feet from the intersection of any street right-of-way lines.
B. 
Both public sewer and public water utilities shall be required.
C. 
The following table contains required off-street parking and loading and interior landscaping standards for shopping centers:
Use
Minimum Required Off-Street Parking Spaces Per 1,000 Square Feet of Gross Floor Area
Minimum Required Interior Landscaping*
Minimum Required Off-Street Loading Spaces
Shopping center, as defined herein, with up to 50,000 square feet of gross floor area
5.5
5%
1 per 25,000 square feet, or fraction thereof, of gross floor area
Shopping center, as defined herein, with between 50,000 and 100,000 square feet of gross floor area
4.5
7.5%
1 per 20,000 square feet, or fraction thereof, of gross floor area
Shopping center, as defined herein, with over 100,000 square feet of gross floor area
4.5
7.5%
5 plus 1 per 50,000 square feet, or fraction thereof, of gross floor area over 100,000 square feet
* As regulated in § 310-29O of Ch. 310, Subdivision and Land Development.
D. 
In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian and horse-and-buggy linkages. Such linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas, even if they are not yet developed. In addition, the applicant shall provide one shaded tie-up space for a horse and buggy for each 5,000 square feet of gross floor area.
E. 
Any shopping center must provide an improved bus stop which would be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop must be provided, even if current bus service is unavailable along the subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree.
F. 
A traffic study shall be submitted by the applicant in accordance with § 340-44 of this chapter.
G. 
The applicant shall furnish qualified expert evidence of the market area and demand for the proposed shopping center.
H. 
The proposed shopping center design and signage shall comply with the applicable regulations contained within the following two tables.[1]
[1]
Editor's Note: The tables of Shopping Center Design Requirements and of Shopping Center Sign Requirements are included as attachments to this chapter.

§ 340-110 Residential lot subdivisions from and erection of single-family dwellings on parent tracts of 10 or more acres in Agricultural Zone.

[Amended 2-20-2018 by Ord. No. 2-20-18-1; 9-6-2022 by Ord. No. 9-6-22-1]
A. 
The subdivision of any residential lot shall meet all of the requirements of this section.
B. 
The lot(s) to be subdivided shall meet the requirements of § 340-12E, and the number of lots which may be subdivided and/or dwellings which may be erected shall be determined in accordance with § 340-12L.
C. 
In addition to the design requirements imposed upon single-family detached dwellings in § 340-12E, every nonfarm, single-family detached dwelling shall be set back according to the following chart. Required setback distances shall be measured as a straight line between the closest property line of the proposed dwelling to the specified use.
Specified Use
Required Setback
(feet)
Facilities or area for the storage or processing of manure, garbage or spent mushroom compost; structures for the cultivation of mushrooms or the raising or housing of livestock
200
Bee hives
100
Farm-related business
200
D. 
The subdivision plan to create the proposed lot(s) or the land development plan and/or stormwater management plan for the erection of the proposed dwelling(s) shall demonstrate that the location(s) of the proposed lot(s) and/or dwelling unit(s) meets all of the following requirements:
(1) 
Minimizes the loss of valuable farmland. The applicant shall demonstrate that the dwelling or lot is sited in accordance with all requirements of § 340-12L.
(2) 
Clusters the residential lot(s) and/or dwelling(s) on the subject property and, if applicable, with those lots contained on adjoining farms. Consideration shall be given to locate proposed lots and dwellings near existing residential structures or adjoining lot lines.
(3) 
Minimizes the length of property lines shared by all residential lots and adjoining farms.
(4) 
Assures adequate vehicular access to future residences not currently proposed.
(5) 
Makes use of any existing public sewer and/or public water facilities.
(6) 
Minimizes the clearing or cutting of mature trees and hedgerows.
(7) 
Considers the location of any proposed well in relation to the nutrient management plan of any nearby farm to minimize adverse effects on nutrient management plans. A minimum 200 feet of separation shall be provided where possible between any proposed well for a dwelling or residential lot and cultivated land.
E. 
Flag lots shall only be permitted when they will enable the preservation of some important natural or cultural feature (including productive farmland), which would otherwise be disturbed by conventional lotting techniques. For the purposes of this section, a flag lot shall be described as containing two parts.
(1) 
The flag shall include that portion of the lot that is the location of the principal and accessory buildings.
(2) 
The pole shall be considered that portion of the site that is used for vehicular access between the site and its adjoining street.
F. 
Requirements for the flag.
(1) 
The minimum lot area and lot width requirements of this chapter shall be measured exclusively upon the flag.
(2) 
For purposes of determining required yards and setbacks, the following shall apply:
(a) 
Front yard. The area between the principal structure and that lot line of the flag which is most parallel to the street providing vehicular access to the site. Additionally, all areas of the pole shall be considered to be within the front yard.
(b) 
Rear yard. The area between the principal structure and that lot line of the flag that is directly opposite the front yard, as described above.
(c) 
Side yards. The area between the principal structure and that one outermost lot line which forms the flag and pole, plus, the area on the opposite side of the principal structure.
(d) 
The flag lot shall contain adequate driveway dimension for vehicular backup so that ingress to and egress from the lot is in the forward direction.
G. 
Requirements for the pole.
(1) 
The pole shall maintain a minimum width of 25 feet.
(2) 
The pole shall not exceed 600 feet in length, unless additional length is needed to avoid the disturbance of productive farmlands or some other significant natural or cultural feature.
(3) 
No part of the pole shall be used for any portion of an on-lot sewage disposal system, nor any other improvement except a driveway and other permitted improvements, such as landscaping, fencing, utility connections to off-site facilities, mail-boxes and signs.
(4) 
The cartway contained on the pole shall be located at least six feet from any adjoining property line and 20 feet from any existing structures on the site or any adjoining property.
(5) 
No pole shall be located within 200 feet of another on the same side of the street, unless an adjoining pole utilizes a joint-use driveway meeting Subsection H.
H. 
Joint-use driveways.
(1) 
When one or more flag lots are proposed, such lots may rely upon a joint-use driveway for vehicular access.
(2) 
A joint-use driveway must serve at least one flag lot but may also serve conventional lots, up to a maximum of four total lots. The joint-use driveway shall comply with all requirements of § 340-32 other than the limitation of the number of lots that may be served by the joint use driveway in § 340-32J.
(3) 
All joint-use driveways shall have a minimum cartway width of 14 feet for the portion of the driveway used by both lots. The joint use driveway shall be paved for at least the first 10 feet from the edge of the street right-of-way.
(4) 
Cross access easements shall be required to ensure common use of, access to and maintenance of joint-use driveways; such easements shall be recorded in language acceptable to the Township Solicitor, and depicted on the subdivision plan.
I. 
The parent tract from which the proposed lot(s) shall be subdivided (i.e., the remainder of the parent tract) shall meet the lot area requirements of § 340-12E after the residential lot is subdivided.

§ 340-110.1 Subdivision of parent tracts of less than 10 acres in Agricultural Zone (A).

[Added 9-6-2022 by Ord. No. 9-6-22-1]
A. 
A parent tract which contained less than 10 acres on July 27, 2009, may be subdivided into two or more residential lots. The applicant shall, with the subdivision plan, identify the chain of title for the parent tract and the ownership of all abutting lots on July 27, 2009.
B. 
Each lot to be subdivided shall be used for one single-family detached dwelling and permitted accessory uses.
C. 
Each lot to be created, other than the parent tract from which the proposed lot(s) shall be subdivided (i.e., the remainder of the parent tract), shall comply with the minimum lot area and maximum lot area for residential uses within the Agricultural Zone (A). The parent tract from which the proposed lot(s) shall be subdivided (i.e., the remainder of the parent tract) may exceed the maximum lot area for a residential lot but shall conform to all setback and coverage requirements applicable in the Agricultural Zone (A) for residential uses.
D. 
Each lot shall meet the requirements for on-lot sewage disposal in § 340-39 and Chapter 274, Sewage and Sewage Disposal, Article II, unless the developer will install a community sewer system meeting all DEP and Township requirements. If there will be a community sewer system, the applicant shall provide specific information on ownership and long-term maintenance of the sewer system, including, but not limited to, the ability of the Township to recover all costs from the owners of the lot(s) served by the community sewer system if it is not properly maintained. The Township shall not be requested to accept dedication of any community sewage system.
E. 
Prior to the approval of any subdivision plan to create lots in accordance with this § 340-110.1, the applicant shall provide all of the following information and shall meet all of the following requirements:
(1) 
The applicant shall identify the uses of all lots surrounding the parent tract.
(2) 
If any adjoining lot is in agricultural use, the applicant shall demonstrate that each well, each on-lot sewage disposal system, and each replacement location for an on-lot sewage disposal system can be located in a manner which will impose the least amount of limitations on the adjoining lot in agricultural use, including, but not limited to setbacks between wells and spreading of manure.
(3) 
The applicant shall provide proposed notes for the subdivision plan to restrict the location of wells and on-lot sewage disposal systems and prohibit planting of vegetation detrimental to or inconsistent with any adjoining agricultural uses for review and approval by the Township. The approved notes shall be included on the final subdivision plan.
F. 
Any flag lots shall comply with all requirements for flag lots in § 340-110E through G. If joint use driveways are proposed, such joint use driveways shall comply with all requirements of § 340-110H. No new private or public street shall be permitted.

§ 340-111 Slaughtering, processing, rendering and packaging of products and by-products produced from animal remains.

Within the I Zone, slaughtering, processing, rendering, and packaging of products and by-products produced from animal remains are permitted by special exception, subject to the following criteria:
A. 
Minimum lot area: five acres.
B. 
The subject site shall have access to a major collector or arterial street.
C. 
All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building.
D. 
All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard.
E. 
The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented.
F. 
All animal wastes shall be regularly cleaned up and properly disposed of, so as not to be objectionable at the site's property line.
G. 
The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals.
H. 
The unloading of five animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels.
I. 
The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m..
J. 
No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor 500 feet of any land within a residential zone.
K. 
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape strip.
L. 
Public sewer and public water will be utilized.
M. 
Sewer and water lines shall not meet within or beneath the plant, and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines.
N. 
Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations.
O. 
All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours.
P. 
The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations.
Q. 
The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto streets. No parking or loading/unloading shall be permitted on or along any street.
R. 
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining streets and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with major collector or arterial streets.
S. 
All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface.
Speed Limitation on Public Street
(mph)
Required Sight Distance
(feet)
25
240
30
275
35
315
40
350
45
425
50
475
55
550
T. 
All access drives onto the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the street right-of-way. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
U. 
The applicant shall furnish a traffic study prepared by a professional traffic engineer in accordance with § 340-44 of this chapter.

§ 340-112 Solid waste handling facilities.

Within the I Zone, solid waste handling facilities are permitted by special exception, subject to the following criteria:
A. 
All solid waste handling facilities for "municipal and residual wastes," as defined by the PA DEP, shall be operated, and/or designated to be operated, by the Solid Waste Management Authority of Lancaster County.
B. 
Any processing and/or treatment of waste (including, but not limited to, incineration, composting, steaming, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a completely enclosed building.
C. 
No waste shall be deposited, stored or disposed of, and no building or structure shall be located, within 200 feet of any property line and 500 feet of any land within a residential zone.
D. 
Any external area used for the unloading, transfer, storage, or deposition of waste must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction.
E. 
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.
F. 
The use shall be screened from all adjoining properties.
G. 
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed and/or unloaded will not back up onto streets.
H. 
All access drives on the site shall be completely paved, except in the case of landfills where access drives are required to be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel of driveway shall be placed just beyond the preceding 200-foot paved to help collect any mud that may have attached to a vehicle's wheels.
I. 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
J. 
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.
K. 
The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator.
L. 
Any waste that is to be recycled shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.
M. 
All storage of waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation, but in no event for more than 24 hours.
N. 
A contingency plan for the disposal of waste during a facility shutdown, shall be submitted to the Township.
O. 
Leachate from the waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pre-treatment shall be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations.
P. 
All structures shall be set back at least a distance equal to their height.
Q. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
R. 
In addition, if the facility is to rely upon non-public sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the municipal engineer.
S. 
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the municipality.
T. 
A water feasibility study shall include the following information:
(1) 
Calculations of the projected water needs;
(2) 
A geologic map of the area within a radius of at least one mile from the site;
(3) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;
(4) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;
(5) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution;
(6) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(7) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and
(8) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
U. 
The applicant shall provide a qualified traffic analysis, as described in  340-44 of this .
V. 
A minimum 100-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.
W. 
The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site, and potential hazards regarding firefighting of waste materials upon the site.
X. 
No solid waste handling facility shall be located within one mile of another, as measured in a straight line between closest property lines.
Y. 
Any sanitary landfill must be owned and operated by a municipality or its authority.

§ 340-113 Spent mushroom compost processing and/or commercial mushroom operations.

Within the A and I Zones, spent mushroom compost processing and/or commercial mushroom operations are permitted by conditional use and special exception, respectively, subject to the following criteria:
A. 
Any processing, loading, storage and packaging operations must be conducted within a completely enclosed building that is leak-proof and vector-proof.
B. 
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.
C. 
The use shall be screened from all streets and adjoining properties.
D. 
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not back up onto streets.
E. 
All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot long gravel section of driveway shall be placed just beyond the preceding 100-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
F. 
The unloading, processing and transfer of spent mushroom compost shall be continuously supervised by a qualified facility operator.
G. 
Leachate from the spent mushroom compost shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer to the ground or in any other manner inconsistent with the Department of Environmental Protection's regulations.
H. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed. In addition, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer. A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the Township. A water feasibility study shall include the following information:
(1) 
Calculations of the projected water needs.
(2) 
A geologic map of the area within a radius of at least one mile from the site.
(3) 
The location of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution.
(4) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.
(5) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table.
(6) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
I. 
A minimum 100-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.
J. 
The applicant shall provide an analysis of the physical conditions of the primary street system serving the proposed use. The analysis shall include information on the current traffic flows on this street system, and projections of traffic generated by the proposed use. Improvements to the street shall be provided by the applicant to insure safe turning movements to and from the site and safe through movement on the existing street.
K. 
Any structure used for the storage, loading, processing and/or packaging of spent mushroom compost shall be set back at least 100 feet from all property lines and 500 feet from any residentially zoned properties. In addition, any ventilation outlets must be oriented away from any land within an adjoining residential zone.

§ 340-114 Truck stops and/or motor freight terminals.

Within the I Zone, truck stops and/or motor freight terminals are permitted by special exception, subject to the following criteria:
A. 
The subject property shall have a minimum of 300 feet of road frontage along an arterial street.
B. 
The subject property shall be located no closer than 500 feet from the R-1 or R-2 Zone and/or property containing a school, day-care facility, park, playground, library, hospital, or nursing, rest or retirement home.
C. 
All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line.
D. 
Access driveways shall be a minimum of 24 feet and a maximum of 35 feet wide. All access drives onto the same street shall be set back at least 150 feet from one another, as measured from closest points of cartway edges.
E. 
Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. The applicant shall also present credible evidence that the number of "oversized" off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by truck patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining streets during peak arrival periods.
F. 
Trash receptacles shall be provided amid off-street parking areas which shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant.
G. 
All uses involving drive-through restaurant and/or drive-through vehicle service and/or washing shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining streets.
H. 
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted.
I. 
The outdoor storage of unlicensed vehicles is prohibited.
J. 
All vehicles and machinery shall be repaired and removed from the premises promptly.
K. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within two weeks after arrival.
L. 
Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines.
M. 
The applicant shall submit a traffic impact report as governed by § 340-44 of this chapter.
N. 
The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 340-115 Two-family conversions.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, a detached single-family dwelling or portion thereof that existed on July 28, 1973, and contained (at that time) at least 3,000 square feet may be converted into two dwelling units subject to the following criteria:
A. 
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.
B. 
No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
C. 
All floors above grade shall have direct means of escape to ground-level.
D. 
Four off-street parking spaces shall be provided.
E. 
The applicant shall obtain any required land development approvals.
F. 
Within the Agricultural Zone, a single-family detached dwelling shall not be converted to two dwelling units if a second dwelling is located on the same lot.

§ 340-116 Warehousing and wholesale trade establishments.

Within the I Zone, warehousing and wholesale trade establishments are permitted by special exception, subject to the following criteria:
A. 
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(1) 
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(2) 
The general scale of the operation in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size.
(3) 
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinance.
(4) 
A traffic study prepared in accordance with § 340-44 of this chapter.

§ 340-117 Billboards.

[Amended 9-6-2022 by Ord. No. 9-6-22-1]
Where permitted by Article II of this chapter, billboards shall be subject to the following regulations:
A. 
Billboards shall not exceed 300 square feet in area inclusive of border or trim area. Billboards shall not be less than 10 feet in height nor greater than 12 feet in height. Further, billboards shall not be less than 25 feet in length nor greater than 30 feet in length.
B. 
No billboards shall be erected within 300 feet of an RR, R-1 or R-2 Zone.
C. 
No billboards shall be located within 1,000 feet of any existing billboard.
D. 
A billboard structure may contain one or two signs per facing and may be placed double-faced, back-to-back or V-type on one structure. All billboard faces shall not be greater than two feet at its closest point nor greater than 15 feet at its furthest point.
E. 
Billboards shall not exceed 35 feet in height measured from the height of the street to the top of the billboard. The bottom of the platform or lowest point of the billboard shall be at least eight feet above grade.
F. 
All billboards shall be maintained in safe structural condition. The painted portions of billboards shall be periodically repainted and kept in good condition.
G. 
The general vicinity of all billboards on undeveloped property must be kept free and clear of sign materials, debris, trash and other refuse.
H. 
No billboards shall be erected closer to a street right-of-way line than 10 feet. No portion of any billboard shall be placed on or extend over the right-of-way line of any street or highway. All billboards shall be constructed on a steel uni-pole support meeting the industry-wide standards as established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising.

§ 340-118 Residential accessory buildings.

Residential accessory buildings in excess of a total combined footprint as set forth in the applicable section of Article II shall be permitted by special exception subject to the following criteria:
A. 
No detached residential accessory building shall be located between the principal dwelling and the street right-of-way line unless such building is set back at least 100 feet from the street right-of-way line;
B. 
Any detached private garage or horse and carriage barn shall be set back a horizontal distance from side to rear property lines equal to or in excess of the height of the proposed private garage or horse and carriage barn;
C. 
In no case shall the side or rear yard setback of any detached residential accessory building which contains in excess of 1,176 square feet of floor area be less than 15 feet;
D. 
No private garage or horse and carriage barn shall exceed 2,688 square feet in the (R-1) Residential Zone and (R-2) Residential Zone;
E. 
No private garage or horse and carriage barn shall exceed 3,240 square feet in the Rural Residential Zone and Open Space Zone (OS);
F. 
No private garage or horse and carriage barn shall exceed 3,920 square feet in the Agricultural Zone (A);
G. 
Each private garage and horse and carriage barn shall meet all requirements of § 340-24I;
H. 
The applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that the proposed residential accessory building is not capable of being used as a dwelling unit or for the conduct of any nonresidential use.

§ 340-119 Retirement housing.

[Amended 2-20-2018 by Ord. No. 2-20-18-1]
Where permitted, retirement housing is subject to the following criteria:
A. 
The use shall be served by both public water and public sewer.
B. 
Retirement housing may include one or more of the following uses:
(1) 
Single-family dwelling.
(2) 
Single-family semidetached dwelling.
(3) 
Two-family dwelling.
(4) 
Townhouse.
(5) 
Multiple-family dwelling.
(6) 
Nursing, rest or retirement home.
(7) 
Dining, community center, and recreation uses.
(8) 
Retail and service uses that are clearly accessory to the residential uses and are intended to primarily serve the needs of residents and employees of the retirement housing development and their invited guests.
C. 
Density and lot requirements shall be as follows:
(1) 
The minimum lot size shall be two acres.
(2) 
The maximum overall density for any single residential use or combination of several residential uses shall not exceed 10 units per gross acre. Each two assisted living and/or personal care beds shall be considered equivalent to one dwelling unit for the purposes of overall density.
(3) 
Minimum lot width shall be 200 feet.
(4) 
All retirement housing units or structures shall be set back a minimum of 50 feet from perimeter lot lines and/or rights-of-way of public streets that are boundaries of the property. The following are minimum interior yard requirements between building facades:
(a) 
Side to side: 20 feet.
(b) 
Side to rear: 30 feet.
(c) 
Side to front: 30 feet.
(d) 
Front to front: 50 feet.
(e) 
Front to rear: 50 feet.
(f) 
Rear to rear: 50 feet.
(g) 
Corner to corner: 20 feet.
(h) 
Front, side or rear to interior access drive or parking: 25 feet.
D. 
The maximum height of retirement housing units or structures shall not exceed 35 feet.
E. 
Parking shall be provided in accordance with § 340-34 of this chapter and § 310-29 of Chapter 310, Subdivision and Land Development, of the Code of the Township of Salisbury; except that the schedule of required parking spaces for retirement housing uses shall be as follows:
(1) 
Assisted living facility; nursing, rest, and retirement home; and personal care center and home: one space per bed.
(2) 
Duplex, multifamily, single-family, and townhouse dwelling: two spaces per dwelling unit.
(3) 
Community center and retail and service uses: one space per 200 square feet of gross floor area.
(4) 
Dining uses: one space per four seats.
(5) 
Recreation uses. As prescribed in § 340-34 of this chapter.
F. 
The maximum impervious cover (buildings and paved areas) shall not exceed 70%.
G. 
Ancillary support and community services and facilities, clearly and primarily intended to serve the residents and their guests, shall be limited to: chapel and religious meeting places, recreational/activities facilities, kitchen/dining services and facilities, wellness center, gift shop, snack bar, meeting rooms, barber shop/beauty salon, library, laundry, vehicle maintenance shop/garage, child and adult day care, medical and therapy services and facilities, home care services and facilities, and other support and community services similar in nature. Such services and facilities shall be designed and constructed integrally with and managed as part of the use or community, said facilities may not exceed 10% of the total gross acreage.
H. 
Signs shall be uniform in design and style throughout the use and community. Signs that are not readable from the exterior of the site shall be regulated in size and number by this chapter. Signs which are readable from the exterior of the site shall comply with § 340-37 of this chapter.
I. 
The subject property shall front on an arterial collector road.

§ 340-120 Rural occupation as principal use.

Within the A Zone, a rural occupation is permitted as a principal use by special exception subject to the following:
A. 
Only one rural occupation may be conducted on a lot, and any building housing the rural occupation shall not exceed 1,500 square feet.
B. 
A rural occupation shall only be conducted within one completely enclosed building that satisfies at least one of the following:
(1) 
The building will remain the same size and in the same location as it existed on the effective date of this section.
(2) 
The building is limited to one story in height or 20 feet, whichever is lesser, is located not less than 100 feet from the right-of-way line and is set back at least 50 feet from any side or rear lot lines to enable the eventual construction of a dwelling unit on such lot. All applicants are required to design new buildings that shall be compatible with their agricultural settings.
C. 
In no case shall the required maximum lot coverage for all impervious surfaces associated with the rural occupation exceed 25%.
D. 
The applicant for a special exception under this section shall present a plan to the Zoning Hearing Board demonstrating the location of the rural occupation building, all impervious surface areas associated with the rural occupation, and any outdoor storage area for the rural occupation. Such plan shall additionally demonstrate that it will be possible to erect a single-family detached dwelling on the lot meeting all Zoning Ordinance requirements on a future date.
E. 
All off-street parking and loading spaces shall be screened from adjoining streets and properties.
F. 
Outdoor storage shall be permitted to the rear of the rural occupation building so long as its size does not exceed 1/2 of the interior floor area of the rural occupation building, it is located at least 75 feet from any side lot lines and at least 50 feet from any rear lot lines, and it is screened from adjoining streets and properties. No materials shall be stacked to a height greater than six feet. As an alternate, one commercial truck of not more than 11,000 pounds gross vehicle weight may be parked behind the rural occupation structure, so long as it is screened from adjoining streets and properties.
G. 
One nonilluminated sign not exceeding two square feet shall be permitted and must be set back a distance at least equal to its height from every lot line.
H. 
No rural occupation shall generate more than 20 vehicle trips per day to or from the site. The applicant shall furnish testimony regarding the expected numbers of vehicle trips associated with the proposed use.
I. 
The maximum number of employees shall be two. For the purposes of this section, "employee" shall be defined as those involved in the on-site conduct of the rural occupation.
J. 
Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m. No rural occupation shall be conducted on Sundays.
K. 
No manufacturing, mechanical or industrial use shall be permitted which causes any noise, odor, glare, fume, smoke, dust, vibration, electromagnetic interference or other hazard that is noticeable at or beyond the closest lot line. No use that requires application or permitted by the PA DEP for the handling of hazardous waste or other substances, shall be permitted, except for wastewater treatment.
L. 
No retail sales shall be permitted.
M. 
The applicant shall furnish evidence that an approved means of sewage disposal shall be utilized.
N. 
All trash dumpsters shall be located within a side or rear yard, screened from adjoining streets and properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
O. 
The applicant shall provide evidence indicating that the disposal of all materials and waste will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Lancaster County which have been contracted to dispose of materials and wastes used or generated on site or some other legal means of disposal. No burning of waste is permitted other than proper burning in a stove or furnace used to heat the structure. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the rural occupation change in the future, such that the materials used or wastes generated changes significantly either in the type or amount, the owner of the rural occupation shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
P. 
Upon the approval of the application and construction of the use, the Zoning Officer shall issue a temporary certificate of use and occupancy. Such certificate shall be reviewed every 12 months until such times as the use is removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary certificate of use and occupancy. Such fee shall be based upon the cost of the annual review. To perform such review, the Zoning Officer will forward a survey form to the owner of the use. The failure to accurately complete and return the survey shall be a violation of this chapter if the use continues to exist.

§ 340-121 Storage facilities within former agricultural buildings.

Within the A Zone, storage facilities shall be permitted by special exception subject to the following.
A. 
Storage facilities may only be located in buildings existing on the effective date of this section which were formerly used for agricultural purposes.
B. 
The building shall retain the external appearance of an agricultural building.
C. 
All storage shall be kept within an enclosed building.
D. 
The storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Because of the danger from fire or explosion caused by accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, activities which use such materials, including, but not limited to, the repair, construction, or reconstruction of any boat, engine, motor vehicle or furniture are expressly prohibited.
E. 
Storage facilities shall be used solely for the storage of property. The following lists examples of uses expressly prohibited upon the site.
(1) 
Auctions, commercial wholesale or retail sales or garage sales.
(2) 
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
(3) 
The operation of power tools, spray-painting equipment, table saws, lathes.
(4) 
The establishment of a transfer and storage business.
(5) 
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(6) 
All vehicles shall be parked inside of the building(s) at all times.
F. 
The applicant shall adequately demonstrate that all storage facility rental and/or use contracts shall specifically prohibit the uses identified in § 340-121.

§ 340-122 Related uses on adjacent lots.

Within the A Zone, adjoining lots may, by special exception, be used so that a residential dwelling may be located on one lot and accessory uses for such residential dwelling may be located on an immediately adjacent lot subject to the following requirements:
A. 
Each lot for which approval is sought under this section shall not exceed 1.1 acres and shall have been subdivided from a parent tract after the effective date of this section.
B. 
The applicant shall locate the accessory structure in a manner such that the lot on which the accessory structure is located can, in the future, be developed with a single family detached dwelling. Applicant shall present a plan to the Zoning Hearing Board showing each lot, the improvements to be immediately constructed on each lot, and the location of a future dwelling on the lot which will contain only an accessory structure.
C. 
Each lot and the parent tract shall be used in a manner which shall ensure the continued viability of on-lot sewage disposal for a principal dwelling unit on each lot. If necessary, applicant shall present evidence of the creation of easements on the parent tract for the dispersal of nitrogen nitrates from the on-lot sewage disposal system serving each lot.
D. 
The adjacent lots shall remain in common ownership as long as no residential dwelling is on the lot containing only an accessory structure. If the owner seeks to separately convey the lot containing only an accessory structure, the use of such accessory structure shall be discontinued until a principal residential dwelling is erected.