Schuylkill Township
City Zoning Code
City Zoning Code
ARTICLE XIX
General Standards
§ 370-122 Purpose.
The provisions of this article shall apply to all land uses, developments, and structures in the Township, regardless of district, and shall be considered to be additional conditions or standards to any other provisions of this chapter. To the extent any provisions contained in this article conflict with any other provision of this chapter, the more stringent and restrictive provision shall apply.
§ 370-123 Yard and lot standards.
[Amended 11-5-2014 by Ord. No. 2014-04]
Requirements relating to lot size, area, yard setback, height, lot or building coverage, open space, etc., in each district, shall be deemed to be the minimum necessary to meeting the requirements of this chapter. No required lot area shall be reduced such that the lot or any required minimum dimension are less than required by this chapter, except as provided herein. Within the PFZ District, the required minimum front, side and rear yard requirements shall not apply with respect to contiguous properties under common ownership for those yards that are contiguous.
§ 370-124 Public utility corporations and authorities.
In accordance with Article VI, Section 619, of the Act of July 31, 1968 (P.L. 247),[1] this chapter shall not apply to any existing or proposed building, or extension thereof, or to any land, used or to be used, by a public utility corporation or public utility authority if, upon petition of the corporation or authority, the Pennsylvania Public Utility Commission shall, after public hearing, decide that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public. Minimum lot area regulations of this chapter shall not apply to electric substations, pumping stations, and other facilities of an authorized public utility; provided, however, that all required yard and maximum height regulations shall apply except for necessary towers, poles, and lighting arrestors.
[1]
Editor's Note: See 53 P.S. § 10619.
§ 370-125 Modification of front yard requirements.
A.
Where an unimproved lot is situated between two improved lots having on each a principal building within 25 feet of the side boundary line of such unimproved lot, which extends into the required front yard of each such improved lot and has been so maintained prior to the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
B.
Where an unimproved lot adjoins only one improved lot having a principal building thereon within 25 feet of the common side lot line which extends into the required front yard of such improved lot and has been so maintained prior to the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required in the district in which such unimproved lot is located, notwithstanding the yard requirements of such district.
§ 370-126 Projections into required yards.
[Amended 10-2-2019 by Ord. No. 2019-06]
No building or structure and no part of a building or structure shall be erected within or shall project into any required yard in any district except as provided for as an accessory use structure in specified instances herein and provided that unenclosed ground level porches, terraces or patios, platforms or other unenclosed landing places, buttresses, chimneys, cornices, eaves, gutters, piers or pilasters, unenclosed fire escapes, steps, bay windows and balconies may project into any required yard.
§ 370-127 Corner vision obstruction.
On any corner lot, no wall, plant, fence or other structure, shall be maintained which may cause danger to traffic on a street by obscuring the view, or which violates any minimum sight distance established in Chapter 320, Subdivision and Land Development.
§ 370-128 Fences and walls.
A.
No fence or wall used to define or enclose a yard or other space shall be erected and no hedge, tree, shrub, or other growth shall be maintained which may cause danger to traffic on any public street, private road or driveway by obscuring the view.
B.
In residential districts, all fences and walls erected in any yard abutting a street shall not exceed six feet in height and shall have at least 50% of the surface occupied by the fence or wall open to view.
C.
In residential districts, fences or walls erected at the side or at the rear of any building or structure shall not exceed six feet in height and may be solid.
D.
Swimming pools shall be enclosed by a fence or wall of not less than four feet in height with a self-latching gate, comprised of metal fencing, chain-link fencing, a portion of a wall or building, a solid wood fence, or an equivalent as required by the current Building Code.[1]
[Amended 6-7-2017 by Ord. No. 2017-04]
E.
All fences shall be of homogeneous construction.
F.
No fence or wall may be built within the ultimate right-of-way or within five feet of the cartway, whichever is greater.
[Amended 6-7-2017 by Ord. No. 2017-04]
G.
Fences and wall shall be consistent with the intent, use, and character of a lot or development within a zoning district as further modified by the character zone containing such lot or development.
H.
No fence, including agricultural fencing, shall be erected in, along or across any swale unless the applicant demonstrates to the satisfaction of the Zoning Officer that the fence will not change, reduce or impede the performance or structural integrity or maintenance and upkeep of the swale.
[Added 8-3-2005 by Ord. No. 2005-02; amended 9-7-2005 by Ord. No. 2005-07; 8-4-2010 by Ord. No. 2010-04; 6-7-2017 by Ord. No. 2017-04; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
J.
Maintenance and repair of existing fences that do not substantively change the fence in appearance or height is excluded from the permitting requirement.
[Added 9-7-2005 by Ord. No. 2005-07]
§ 370-129 Vehicular ingress and egress.
A.
Vehicular ingress and egress between any lot and an abutting street, for any use permitted in this chapter, shall be so located and so designed as to further the purposes of this chapter as set forth in § 370-2 of Article I. Where any commercial district abuts a major highway, it is the intent of this chapter to encourage the installation of a marginal access street, or the combination of off-street parking facilities for three or more lots, as provided in § 370-182 herein, with point of access to such major highway spaced at safe intervals.
B.
Where any multifamily housing, mobile home park, shopping center, or industrial park has vehicular access to and from a major highway, all vehicular entrances and exits shall be provided with deceleration and acceleration lanes approved by the Zoning Administration Officer and the Pennsylvania Department of Transportation, where applicable. In no event shall vehicles be permitted to back directly into the public street from off-street parking area.
§ 370-130 Performance standards; outdoor lighting.
A.
[1]Odor. No use shall emit odorous fumes, gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
B.
Heat. Any activity producing intense heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point on any other property.
C.
Outdoor lighting.
[Added 9-5-2007 by Ord. No. 2007-04]
(1)
Purpose. To require and set minimum standards to:
(a)
Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.
(b)
Protect drivers and pedestrians from the glare of nonvehicular light sources.
(c)
Protect neighbors, the environment and the night sky from nuisance glare and light trespass.
(d)
Promote energy efficient lighting design and operation.
(e)
Protect and retain the intended visual character of the various venues of Schuylkill Township.
(2)
Applicability.
(a)
All uses within Schuylkill Township where there is interior or exterior lighting that creates a nuisance or hazard as viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.
(b)
Temporary seasonal decorative lighting and emergency lighting are exempt from all but the glare-control requirements of this chapter.
(c)
Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, is exempt from the requirements of this chapter.
(3)
Criteria.
(a)
Illumination levels. Lighting, where required by this chapter, or otherwise required or allowed by Schuylkill Township, shall have illuminances, uniformities and glare control in accordance with the most current edition of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook and the Recommended Practice Lighting for Exterior Environments (RP-33). The following current values are provided as examples for a few typical uses and tasks:
Use/Task | Maintained Footcandles | Uniformity Ratios |
|---|---|---|
Parking | ||
Multifamily residential | ||
Low vehicular/pedestrian activity | 0.2 min | 4:1 avg:min |
Medium vehicular pedestrian activity | 0.6 min | 4:1 avg:min |
Industrial/commercial/ institutional | ||
Low activity, e.g., neighborhood shopping, industrial employment, schools, churches | 0.2 min | 4:1 avg:min |
Medium activity, e.g., community shopping, office parks, hospitals, commuter lots, cultural/civic/recreational events | 0.6 min | 4:1 avg:min |
High activity, e.g., regional shopping, fast food, major event venues | 0.9 min | 4:1 avg:min |
Gas stations and convenience stores | ||
Fueling positions | 20 avg, 30 max | |
Pedestrian path to store | 10 avg, 15 max | |
(b)
Lighting fixture design.
[1]
Fixtures shall be of a type and design appropriate to the lighting application.
[2]
Lighting of predominantly horizontal surfaces.
[a]
For the lighting of predominantly horizontal surfaces, such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive fuel-dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall be fully shielded or meet IESNA full-cutoff criteria.
[b]
For decorative streetlighting applications, the Township may, at its sole discretion, permit the use of fixtures meeting IESNA cutoff criteria rather than full-cutoff criteria, even if not in conformity with this subsection.
[c]
Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 1,200 lumens, e.g., the rated output of a standard nondirectional 100-watt incandescent lamp, are exempt from the requirements of this subsection.
[3]
For the lighting of predominantly nonhorizontal surfaces, such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional forty-watt incandescent lamp, are exempt from the requirements of this subsection.
[4]
"Barn lights," aka "dusk-to-dawn lights," visible from an adjacent property, shall not be permitted unless fully shielded as viewed from that property.
(c)
Control of glare.
[1]
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting light onto a neighboring use or property.
[2]
Directional fixtures such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrianway.
[3]
Parking facility and vehicular and pedestrianway lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be automatically extinguished no later than 1/2 hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of fixtures or illumination level required or permitted for illumination during regular business hours.
[4]
Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business, and until 1/2 hour after closing.
[5]
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
[6]
The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving residential property.
[7]
The illumination projected from any property onto a nonresidential use shall at no time exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property.
[8]
Except as might be permitted by the Township for certain recreational lighting, fixtures not meeting IESNA full-cutoff criteria, when their use is specifically permitted by the Township, shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade.
[9]
Only the United States and the state flag shall be permitted to be illuminated from dusk till dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag and shall be adequately shielded.
[10]
Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, or fast-food/bank/drugstore drive-ups shall be accomplished using flat-lens, full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles.
(d)
Installation.
[1]
New electrical feeds for lighting standards shall be run underground, not overhead.
[2]
Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, or where they could be hit by snowplows, shall be placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other municipality-approved means.
[3]
Pole-mounted fixtures for lighting horizontal tasks shall be aimed straight down and poles shall be plumb.
(e)
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.
(f)
Signs. The lighting of new or relighting of existing signs shall require a building permit which may be granted if Schuylkill Township is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:
[Amended 7-11-2012 by Ord. No. 2012-03]
[1]
Externally illuminated signs shall have fixtures mounted at the top of the sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 vertical footcandles during hours of darkness.
[2]
The illumination of billboards, where their use is specifically permitted by the Township, shall not be located within 100 feet of a lot line of a residential use or district.
[3]
Billboards shall be extinguished automatically by a programmable controller no later than 11:00 p.m. each evening until 6:00 a.m., except that signs for establishments (not companies) that operate or remain open past 11:00 p.m. may remain on no later than 1/2 hour past the close of the establishment.
[4]
Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted, except as may be provided in Article XXI, Signs.
[5]
Where permitted electronic signs, including those with or containing LED lighting, shall not be allowed to operate between 11:00 p.m. and 6:00 a.m.
(4)
Recreational lighting. Permission to illuminate recreational facilities shall be granted only when Schuylkill Township is satisfied that the health, safety and welfare rights of nearby property owners and Schuylkill Township as a whole have been properly protected. When recreational uses are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply:
(a)
Racetracks and such recreational venues as golf driving ranges and trapshooting facilities that necessitate the horizontal or near horizontal projection of illumination shall not be permitted to be artificially illuminated.
(b)
Recreational facilities for basketball, baseball, football, soccer, miniature golf, tennis or track shall not be illuminated if located within a residential district or sited on a nonresidential property located within 1,000 feet of a property containing a residential use.
(c)
Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 11:00 p.m., regardless of such occurrences as extra innings or overtimes.
(d)
Fixture-mounting heights shall not exceed those necessary to achieve light trespass criteria elsewhere in this chapter.
(5)
Plan submission. Where site lighting is required by this chapter, is otherwise required by Schuylkill Township or is proposed by applicant, lighting plans shall be submitted for Township review and approval for variance, building permit and special exception applications. The submitted information shall contain the following:
(a)
A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type. The submission shall include, in addition to existing and proposed area lighting, all other exterior lighting, e.g., architectural, building entrance, landscape, flag, sign, etc.
(b)
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter or as otherwise required by Schuylkill Township. When the scale of the plan, as judged by Schuylkill Township, makes a ten-foot-by-ten-foot grid plot illegible, a larger grid spacing may be permitted.
(c)
The maintenance (light loss) factors, IES candela file nomenclature, lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the presented illuminance levels.
(d)
Description of the proposed equipment, including fixture catalog cuts, photometries, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.
(e)
When landscaping plans are involved, they shall contain the lighting fixture locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
(f)
When requested by Schuylkill Township, applicant shall also submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate the potential consequences of on-site and off-site glare and to retain the intended character of Schuylkill Township. This plan may require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.
(g)
Plan notes. The following notes shall appear on the lighting plan:
[1]
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to Schuylkill Township for review and approval.
[2]
Schuylkill Township reserves the right to conduct post-installation inspections to verify compliance with this section's requirements and approved lighting plan commitments, and if deemed appropriate by Schuylkill Township, to require remedial action at no expense to Schuylkill Township.
[3]
All exterior lighting shall meet IESNA full-cutoff criteria unless otherwise approved by Schuylkill Township.
[4]
Installer shall notify the Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.
(6)
Compliance monitoring.
(a)
Safety hazards.
[1]
If Schuylkill Township judges a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.
[2]
If appropriate corrective action has not been effected within 15 days of notification, Schuylkill Township may take appropriate legal action.
(b)
Nuisance glare and inadequate illumination levels.
[1]
When Schuylkill Township judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.
[2]
If the infraction so warrants, Schuylkill Township may act to have the problem corrected as in Subsection C(6)(a)[2] above.
(7)
Nonconforming lighting.
(a)
Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be required to achieve conformance when:
[1]
Minor corrective action, such as reaiming or shielding, can achieve conformity with the applicable requirements of this chapter.
[2]
It is deemed by Schuylkill Township to create a safety hazard.
[3]
It is replaced by another fixture or fixtures or abandoned or relocated.
[4]
There is a change in use.
(b)
Regardless of the requirements of Subsection C(7)(a) above, nonconforming lighting fixtures and lighting installations shall be made to conform with the requirements of this chapter or removed within three years from the effective date of this chapter.
(c)
When fixtures are added to a site and the number of fixtures added amounts to 50% or more of the existing fixtures, all existing exterior lighting on the site shall be made to conform to this chapter.[2]
[2]
Editor's Note: Original Sec. 1808D, Exterior lighting, which immediately followed this subsection, was repealed 9-5-2007 by Ord. No. 2007-05. This ordinance also redesignated former Subsection E and Subsection D.
D.
Noise. The sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structure, emergency alarm signals or time signals) shall not constitute a nuisance.
E.
Notwithstanding the provisions of this section, no use shall be permitted until and unless the applicant demonstrates that such use will not entail any of the following:
[Added 11-6-2002 by Ord. No. 02-08]
(1)
Significant contamination which is preventable;
(2)
Adverse effects on health of neighbors;
(3)
The risk of events which could result in the release of contaminants endangering the health or safety of human beings, animals, birds, marine life, beneficial insects or plant life;
(4)
Involve any utilization of any transferred pollution credits by the proposed project such that discharges, emissions or releases would be authorized in excess of the minimum (most stringent) standards applicable to such use;
(5)
Increase any present or anticipatable ambient levels of contaminants which entails any significant risk to health or safety;
(6)
Require off-site supporting and/or ancillary facilities or activities which would require rezoning or variances, and/or substantial public improvements.
§ 370-131 Keeping of animals, livestock and fowl.
The following provisions shall apply to the keeping of all livestock and animals other than household pets:
A.
Minimum lot area: 100,000 square feet in all districts.
(1)
Additionally, the following list specifies additional area requirements by size of animals:
(a)
Group 1: animals whose average adult weight is less than 10 pounds shall be permitted at a density not to exceed 12 animals per acre.
(b)
Group 2: animals whose average adult weight is between 10 pounds and 65 pounds shall be permitted at a density not to exceed two animals per acre.
(c)
Group 3: animals whose average adult weight is greater than 65 pounds shall be permitted at a density of not more than one animal per acre.
(2)
The keeping of a combination of animal types (Groups 1, 2, and 3) shall be limited to a maximum animal density not exceeding the ratio of the numbers of animals, by type.
(a)
For example, to keep two horses (Group 3: 2 x 1 acre), six goats (Group 2: 6 x 0.5 acre), and 12 chickens (Group 1: 12 x 0.0833 acre), the minimum lot size would be six acres.
B.
All structures used to house livestock shall be set back a minimum of 50 feet from all property lines. No such structure shall be located in a front yard.
C.
All animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjacent properties.
D.
All animal wastes shall be properly stored or removed from the site so as not to become objectionable. Any stockpiling of animal wastes shall be located such that no drainage or odors from the stockpile area will flow onto or over an adjacent property or into any watercourse.
E.
All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals.
§ 370-132 Accessory uses.
Accessory uses authorized in this chapter shall include the following, and uses of the same general character:
A.
Uses accessory to agriculture. The keeping of livestock and poultry pursuant to the provisions of § 370-131.
B.
Uses accessory to single-family dwelling:
(1)
Detached private garage; private parking space; shed or similar accessory structure; a shelter for small pets owned by the property owner; a fence (with locking gate), swimming pool and bathhouse; private greenhouse;
(2)
Private stables or shelters for the keeping of domestic animals, pursuant to the provisions of § 370-131;
(3)
Class B home occupation, after being granted a special exception from the Zoning Hearing Board;
(4)
Class A home occupation, without any requirement for a special exception.
C.
Uses accessory to multifamily housing:
(1)
Recreation facilities, designed for use by tenants and their guests, such as swimming pools, tennis and badminton courts, swings, seesaws, slides, pitch-and-putt golf course, and recreational activities similar to the foregoing, when made an integral part of the project design;
D.
Uses accessory to public parks. Customary recreational, refreshment and service uses and buildings in any public park, recreation area, and playground or other recreational area shall be permitted as accessory uses to a public park.
E.
Accessory use structure. In any district, the height and yard regulations to the contrary notwithstanding:
[Amended 10-2-2019 by Ord. No. 2019-06]
(1)
An accessory building or structure, not a structural part of the principal building, may be erected 10 feet from the rear and/or side lot line not abutting a street if it does not exceed 50 square feet and is not more than 10 feet in height.
(2)
An accessory building or structure, not a structural part of the principal building, which exceeds 50 square feet, may be erected 15 feet from a rear and/or side lot line not abutting a street if it does not exceed 150 square feet and is not more than 12 feet in height.
(3)
An accessory building or structure which exceeds 150 square feet shall meet the height and yard regulations of the district in which it is located.
[Amended 6-7-2017 by Ord. No. 2017-04]
(4)
For a swimming pool, the minimum distance from the rear lot line may be reduced to equal the interior side yard requirements.
[Added 6-7-2017 by Ord. No. 2017-04]
F.
Uses accessory to commercial activities. In all commercial districts, there shall be no outdoor storage except where it is inherently a characteristic of the item for sale, and all other activities shall be carried on within a building; provided, however, that any commercial activity involving the sale of goods or materials may, while open for business, have an outdoor display area totalling not more than 20% of the indoor display area.
G.
Uses accessory to industrial activities. Caretakers' quarters and customary storage of raw materials and the warehousing of finished products with a principal or accessory building or structure, lunchroom facilities for the exclusive use of employees, and outdoor storage.
[Amended 10-2-2019 by Ord. No. 2019-06]
H.
Uses accessory to educational institutions and municipal uses.
[Added 11-5-2014 by Ord. No. 2014-04]
(1)
Recreational facilities, including outdoor playing fields, walking trails, playground and other recreational area, customary structures for playing fields, including backstops, goalposts, fences, refreshment and service uses and buildings, shall be permitted as accessory uses to any educational institution. Outdoor playing fields may incorporate spectator stands for no more than 1,000 spectators, except that spectator stands for more than 1,000 spectators are permitted by conditional use, subject to the applicant submitting an additional traffic study for approval by the Township in compliance with § 320-18D(24) of Chapter 320, Subdivision and Land Development, of the Township Code;
(2)
Maintenance facility, including the service, repair, fueling and maintenance of vehicles and equipment, provided that storage for any fueling tank does not exceed 1,000 gallons of capacity on that property. To the extent that an applicant desires to incorporate fuel tank storage in the aggregate greater than 5,000 gallons in capacity on that property, special exception approval shall be required; and
I.
No electrical wires shall pass over any pool.
[Added 6-7-2017 by Ord. No. 2017-04]
J.
All accessory structures as identified in this chapter shall be limited to a height of 20 feet.
[Added 10-2-2019 by Ord. No. 2019-06]
K.
All accessory buildings and structures shall be limited to a maximum footprint size of 750 square feet.
[Added 10-2-2019 by Ord. No. 2019-06]
§ 370-133 Landscaping.
Landscaping shall be provided pursuant to the provisions of § 320-34 of Chapter 320, Subdivision and Land Development. All landscaping, plantings, screenings, and buffering areas shall be maintained in a healthy condition at all times and shall be kept free of rubbish and debris. Dead landscape materials or plants which constitute a hazard or nuisance shall be promptly removed. All dead or diseased plant materials that are part of a required buffer or screening area shall be replaced within not more than one year. All portions of lots or sites not occupied by buildings, other structures, or parking or other paved areas shall be planted with an all-season ground cover sufficient to reduce erosion or weed growth.
§ 370-134 Outdoor storage and waste disposal.
There shall be no outdoor storage or accumulation for a period in excess of seven days of any waste materials which produce fumes detectable at the lot lines, of any inflammable or edible materials, of material which would harbor or breed rodents or insects, or of abandoned, wrecked, or junked vehicles, or of any vehicle without a valid registration for more than 120 days, unless screened or covered, and placed in a rear yard. No unregistered vehicles shall be stored in a front yard. This shall not apply to farm vehicles and implements.
§ 370-135 Municipal and privately owned parks.
Parks and playgrounds owned by Schuylkill Township shall be permitted in all districts.
§ 370-136 Change of use.
Should the use of any building or structure or lot be changed in any district, then all of the area, bulk and accessory requirements of the new use shall be met.
§ 370-137 Class A home occupations.
Class A home occupations shall be subject to the following:
A.
No changes to the exterior of the dwelling shall be permitted which would have the effect of altering its character as a dwelling.
B.
Not more than one employee not in residence in the dwelling shall be permitted.
C.
No outside storage shall be permitted.
D.
No vehicles, except for typical automobiles or pickup trucks, shall be used in the occupation.
E.
No deliveries by tractor-trailer shall be permitted.
F.
The occupation shall not result in any noise, glare, vibration, electrical or electromagnetic interference to radio or television signals, odor, glare or septic discharge which are significantly different from those of typical dwellings.
G.
The resident shall operate the home occupation.
H.
The home occupation shall not contribute more than five additional vehicle trips per day from the dwelling, and no commercial vehicles shall be used in the home occupation.
I.
An area corresponding to not more than 20% or 500 square feet, whichever is less, of the gross square footage of the dwelling, including all floors and habitable basement areas, but excluding garage and attic space, shall be devoted or used for the home business.
J.
No-impact home-based business.
[Amended 1-7-2013 by Ord. No. 2013-01]
§ 370-138 Commercial solar power facilities. [1]
[Added 6-1-2011 by Ord. No. 2011-05]
The following provisions shall apply to commercial solar power facilities within the Township:
A.
Impervious coverage and building coverage. The area of any solar panels (including, without limitation, framing for the same) shall not be included in the calculation of impervious surface, impervious coverage or building coverage, provided that the area directly beneath the solar panels remains pervious for purposes of determining compliance with the area and bulk criteria set forth in this section.
B.
Projections into required yards. Commercial solar panels (including, without limitation, framing for the same) may extend into required yards. Commercial solar panels (including, without limitation, framing for the same) may extend a maximum distance of 10 feet into required yards abutting properties currently used or zoned for residential purposes, provided that no base or foundation of any solar panels shall extend into any required yard.
C.
Lot size and area and bulk regulations. The lot size and area and bulk regulations applicable in the zoning district in which a commercial solar power facility is located shall apply to the commercial solar power facility, except that the maximum height of the solar or photovoltaic panels above ground surface shall not exceed 10 feet.
D.
Buffer screen. Except as provided in § 370-138E, each commercial solar power facility shall include a buffer to create a continuous visual screen between the solar power facility and a person standing at ground level on an adjacent residentially zoned lot or a public right-of-way. Such buffer shall be comprised of opaque fencing, landscaping, earthen berms, or some combination thereof to be approved by the Township Zoning Officer. Said buffer shall be not less than eight feet in height and not less than 10 feet in width.
E.
Solar access. The owner or operator of any commercial solar power facility shall not erect or plant on the lot on which the commercial solar power facility is located any building, structure, fencing or landscaping which would block sunlight from reaching less than 90% of any solar panel between the hours of 8:00 a.m. and 4:00 p.m.
F.
Glare. No commercial solar power facility shall create glare visible from adjoining public rights-of-way, streets, or adjacent lots when viewed by a person standing on ground level or which shall be visible from any floor level in a structure measuring 35 feet or less and located on an adjacent property. All solar panels, frames, posts, etc., shall be color matched and of an earth tone color so that the color of all components shall be uniform.
G.
Vehicular access. Each commercial solar power facility shall be provided with a stabilized means of vehicular access to and from a public roadway.
I.
Commercial solar power facilities shall not occupy flood hazard and wetland districts, the fifty-foot no-structure setback from flood hazard and wetland districts, wetland margins, steep slopes, or natural surface drainage courses.
J.
Commercial solar power facilities, including all components thereof, shall be designed to withstand a ground level wind velocity of 130 miles per hour.
[1]
Editor's Note: Original Sec. 1816, Post construction stormwater management, added 8-3-2005 by Ord. No. 2005-02, as amended 3-5-2008 by Ord. No. 2008-02, was repealed 8-3-2011 by Ord. No. 2011-09.