Spring Garden Township
City Zoning Code
City Zoning Code
ARTICLE VI
Standards for Special Exceptions
§ 310-43 Requirement of specific standards.
In addition to the general standards for all special exceptions as contained in § 310-42F, the specific standards for the particular uses allowed by special exception are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.
§ 310-44 Adult entertainment facility.
In a C Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
An adult entertainment facility and/or massage parlor shall not be permitted to be located within 1,000 feet of any other adult entertainment facility.
B.
An adult entertainment facility and/or massage parlor shall not be permitted to be located within 1,000 feet of any public or private school, within 200 feet of any public recreation facility or 1,000 feet of any house of worship.
C.
An adult entertainment facility and/or massage parlor shall not be located within 200 feet of an existing dwelling unit.
D.
No materials, merchandise, film or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
E.
No specified sexual activities are permitted in adult regulated facilities.
F.
Any building or structure used and occupied as an adult entertainment facility and/or massage parlor shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed, and no sale materials, merchandise, film or other offered items of service shall be visible from outside the structure.
G.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of material, merchandise, film, service or entertainment offered therein.
H.
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult entertainment facility and/or massage parlor, that persons under the age of 18 are not permitted to enter, and warning all others that they may be offended upon entry.
I.
Parking shall be established at the minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space for each employee.
§ 310-45 Automobile service center.
In a C or IP Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Buildings must be set back at least 50 feet from any street line.
B.
Fuel pumps must be set back at least 25 feet from any street line.
C.
The number of driveways may not exceed two per lot on any one street frontage. Driveways may be located as follows:
D.
Except at driveway openings, a concrete curb eight inches in height must be placed along all street right-of-way lines.
E.
All lights must be diverted toward the automotive service center or downward on the lot. All canopy lighting shall be recessed.
F.
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
G.
At least 10% of the lot on which the automotive service center is situated must be devoted to natural landscaping.
§ 310-45.1 Bed-and-breakfast.
[Added 2-14-2018 by Ord. No. 2018-01]
In an R-1 and R-2 Zone and subject to the requirements of the zone except as herein modified, and provided:
A.
Public water and public sewer facilities must be utilized.
B.
In addition to the two off-street parking spaces required for the dwelling, one off-street parking space per guest room is required.
C.
There shall be no more than four guest rooms.
D.
A bed-and-breakfast shall be owner-occupied, with the owner of the structure residing on the premises, with this being their primary, legal address.
E.
No facilities for cooking shall be provided in individual guest rooms or suites.
F.
All bed-and-breakfasts shall comply with applicable rules and regulations affecting health and safety administered by federal, state, or local agencies, including the Spring Garden Township Residential Rental Registration Program.
§ 310-46 Bring your own bottle club (B.Y.O.B.)
In a C Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
A B.Y.O.B. club shall not be permitted to be located within 200 feet of the property line of an existing residential dwelling.
B.
A B.Y.O.B. club shall not be permitted to be located within 1,000 feet of any public or private school, within 1,000 feet of any public recreation facility or 1,000 feet of any house of worship.
C.
A B.Y.O.B. club must conform to all existing Pennsylvania Liquor Control Board regulations, including, but not limited to, hours of operation, control of open drunkenness and serving of minors.
§ 310-47 Campground.
In an OS Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Minimum lot area: 10 acres.
B.
Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.
C.
Each campsite shall be at least 3,000 square feet in size and shall provide parking space for one automobile that will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.
D.
Each campsite shall abut a paved access drive. The pavement width of one-way access drives shall be at least 12 feet and the pavement width of two-way access drives shall be at least 24 feet. On-drive parallel parking shall not be permitted.
E.
Outdoor play areas shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise and other disturbances.
F.
Consideration shall be given to possible traffic problems. If the nature of the campground is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Township Comprehensive Plan.
G.
Each campground must comply with all applicable requirements of state laws and regulations.
§ 310-48 Cemetery.
In an OS Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Minimum lot area: five acres.
B.
All burial plots or facilities shall be located at least 100 feet from any property line or street line.
C.
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
D.
No burial plots or facilities are permitted in floodplain or flood hazard areas.
§ 310-49 Club.
In an A-O or OS Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
§ 310-50 College.
In an R-1 or A-O Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
§ 310-51 Communications facility.
A.
In an IP Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
(1)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission.
(2)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(3)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(4)
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-fourth-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(a)
The proposed antenna and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(e)
The landowner is unwilling or unable to enter into any agreement with the applicant.
(5)
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be paved with a concrete or bituminous paving material, improved to a width of at least 10 feet for its entire length.
(6)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot, which lot meets the minimum lot size requirements for the zoning district.
(7)
Proper approval and recording of a subdivision or land development plan shall be required for a new or lease parcel on which a communications tower is to be constructed.
(8)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(9)
In all zoning districts, the maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet.
(10)
The foundation and base of any communications tower shall be set back from a property line (not lease line) at least 100 feet.
(11)
The base of a communications tower shall be landscaped so as to screen the foundations and base and communications equipment building from abutting properties.
(12)
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
(13)
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
(14)
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
(15)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(16)
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(17)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(18)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township staff and/or Township Engineer for compliance with the Spring Garden Township ordinances.
(19)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(20)
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(21)
Communications antennas shall not cause radio frequency interference with other communications facilities located in Spring Garden Township.
(22)
The application shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of Spring Garden Township.
(23)
The applicant shall submit and keep on file, with Spring Garden Township, a copy of its current Federal Communications Commission license, the name, address and emergency telephone number for the operator of the communications tower and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(24)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. The guy wires shall be marked with fluorescent strips or similar items that would make the wires visible in the dark. Such items are not to include lights.
(25)
The site of a communications tower shall be secured by a fence that is a minimum of six feet in height and a maximum of eight feet in height, to limit accessibility by the general public.
(26)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
(28)
The owner, licensee or operator shall annually certify to Spring Garden Township that the tower is structurally sound and remains in use. If a communications tower remains unused for a period of 12 consecutive months or becomes structurally unsafe, the owner, licensee, operator and/or landowner shall dismantle and remove the communications tower and any associated buildings within six months of the expiration of such twelve-month period. At the time of approval of the application, the applicant shall file with the Township a bond in an amount equal to the cost of removal or demolition of said tower and buildings, as determined by the Township's Engineer, which bond shall be held by the Township to be used in the event the owner, licensee, operator or landowner shall fail to dismantle the abandoned communications tower within said six-month time period. If the owner, licensee, operator or landowner shall dismantle said tower in accordance with this subsection, the bond shall be returned to the applicant or his assigns.
(29)
One off-street parking space shall be provided within the fenced area.
§ 310-52 Convenience store.
In a C or IP Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
All outdoor lighting shall comply with § 310-19E of this chapter and will not create a significant nuisance to existing and future residential dwellings.
B.
All activities except those to be performed at the fuel pumps shall be performed within a building.
C.
If a convenience store serves prepared food that is to be consumed on site, it shall comply with the provisions for a restaurant included in § 310-74 of this chapter.
D.
Fuel pumps shall be set back at least 25 feet from any street right-of-way or 50 feet from the street center line, whichever is greater, and 30 feet from all parking areas.
E.
Canopy lighting. All canopy lighting shall be constructed in such a manner that all light emitted from the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.
§ 310-53 Crematorium.
In a C or IP Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
The minimum lot area of a crematorium shall be two acres.
B.
Documentation that all applicable federal, state and local permits have been obtained shall be filed with the Township.
C.
The facility shall be constructed, installed, operated and maintained consistent with all manufacturers' specifications and all applicable federal, state and local permits.
D.
No offensive odor shall extend beyond the property boundaries. For the purpose of this provision, an offensive odor is an unpleasant odor extending beyond the property boundaries discernible by two or more Township officials within a twenty-four-hour period.
E.
No crematorium shall be located within 500 feet from any residential dwelling.
§ 310-54 Dormitory.
In the R-1 and A-O Zones and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
No dormitory shall be located within 150 feet of an existing dwelling or boundary of a residential district.
§ 310-55 Greenhouse, horticulture nursery.
In an OS Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Access must be on an arterial street or collector street as designated in the Township Comprehensive Plan.
B.
No sale of general hardware, power tools or motorized equipment is permitted.
C.
No outdoor display of tools or equipment is permitted.
D.
Notwithstanding the provisions of § 310-13D(4), greenhouse, horticultural nursery use in an OS District shall be permitted signage identifying the business and entrance thereto, provided that such identifying signage on the lot does not exceed 75 square feet as measured in accordance with § 310-13C.
[Added 10-12-2011 by Ord. No. 2011-14]
§ 310-56 Helistop, heliport.
In an IP Zone and subject to the requirements of that zone except as herein modified, and provided:
B.
Lot area: one acre minimum if on separate lot.
C.
The approach zone to any of the proposed landing pads shall be in accordance with the regulations of applicable federal and/or state agencies.
D.
There shall be no existing flight obstructions such as towers, chimneys or other tall structures or natural obstructions located within the proposed approach zones.
E.
Any building, hanger or structure shall be located a sufficient distance away from the landing pad in accordance with the recommendations of applicable federal and/or state agencies.
F.
Building heights in approach zones shall be limited to provide a clear path to and from the usable landing pad.
§ 310-56.1 Hi-tech precision assembly.
[Added 3-8-2023 by Ord. No. 2023-05][1]
In an A-O Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Minimum lot area: five acres.
B.
Minimum lot width: 300 feet.
C.
All buildings shall be located at least 50 feet from any property line or street line.
D.
Care shall be taken to locate service entrances and loading docks where they are not offensive to adjoining neighbors. Where possible service entrances and loading docks shall be located so as not to face a residential district or use.
E.
Public sewer and public water must be utilized.
F.
The hi-tech precision assembly operations must comply with all applicable requirements of state and federal laws and regulations.
G.
All hi-tech precision assembly operations, including storage, must be conducted indoors.
H.
Any outdoor trash dumpsters must be screened from view of any adjacent residential properties.
I.
Hi-tech precision assembly may not be conducted on a parcel or within a building occupied by a residential use.
§ 310-57 Home occupation or home profession.
In an R-1 or R-2 Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Permitted occupations or professions shall include the following: physician, dentist, clergyman, lawyer, engineer, accountant, architect, teacher, artist, licensed insurance agent, real estate agent, seamstress, barber, beautician, child care for six children or less under the age of 16, and similar service occupations and professions.
B.
A home occupation or profession may be carried on only in a single-family dwelling and shall not be permitted in any accessory structures. The floor area devoted to a home occupation or profession shall be equivalent to not more than 30% of the ground floor area of the dwelling.
C.
No nonresidents of the dwelling may be employed.
D.
The character or external appearance of the dwelling must be that of a dwelling. No display or products may be shown so as to be visible from outside the dwelling.
E.
In addition to the two off-street parking spaces required for the dwelling, two additional off-street parking spaces are required.
§ 310-58 Hospital.
In an A-O Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Minimum lot area: five acres.
B.
Minimum lot width: 300 feet.
C.
All buildings shall be located at least 50 feet from any property line or street line.
D.
All parking areas shall be located at least 20 feet from any property line or street line.
E.
Care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.
F.
Access shall be via an arterial or collector street as designated by the Township Comprehensive Plan.
G.
Public sewer and public water must be utilized.
H.
A hospital must comply with all applicable requirements of state and federal laws and regulations.
I.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
§ 310-59 Hotel/motel.
In an A-O Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Public water and public sewer service must be provided to the building.
B.
The minimum lot area shall be two acres.
C.
The lot on which the building is located must front and have primary access on an arterial or collector street as indicated in the Township Comprehensive Plan.
D.
The street that provides primary access must be suitable to handle the increased traffic load of the hotel/motel development. Width, number of lanes, pavement base, pavement surface, curbing, signage, lighting and signalization must all be in accordance with the Township Subdivision and Land Development Ordinance (Chapter 275), Township Construction and Material Specifications and applicable PennDOT regulations prior to occupancy.
E.
All floors or stories must have approved exit means, fire detection (heat and/or smoke detectors) and fire suppression (sprinkler system, hose system and/or extinguisher system) that meet the Township fire prevention and fire protection codes and ordinances (Chapter 145).
F.
The height limit for principal buildings may exceed 3 1/2 stories or 40 feet as long as each required setback is increased in width one foot for each additional foot of height over 30 feet.
G.
Because of the high transient customer nature of the proposed use, all proposed hotels/motels that meet any of the following conditions shall be located within 1,500 feet of an arterial street.
§ 310-60 House of worship.
In an R-1 or R-2 Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Minimum lot area: 40,000 square feet.
B.
Minimum lot width: 150 feet.
C.
Side setback: minimum side setbacks of 25 feet each shall be provided.
D.
All parking areas shall be located at least 10 feet from any property line or street line.
E.
Access shall be via an arterial or collector street as designated by the Township Comprehensive Plan.
F.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, walls, plantings and open spaces.
§ 310-61 Industrial park.
In an IP Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Primary access shall be via an arterial or collector street as designated by the Township Comprehensive Plan. Secondary access must also be provided; preferably, but not necessarily, to an arterial or collector street.
B.
Minimum lot area must be provided equal to that total required if individual lots were to be provided and sold to tenants.
C.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties in accordance with § 310-18.
D.
Public water and public sewer facilities must be provided to all tenants.
§ 310-62 Junkyards.
In an IP Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Minimum lot area: 40,000 square feet.
B.
Minimum lot width: 150 feet.
C.
The area used for junkyard purposes shall be completely enclosed with a solid fence or wall, at least eight feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be set back at least 20 feet from any side or rear property line and at least 35 feet from any street line.
§ 310-63 Kennel and/or animal hospital.
In an OS Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Minimum lot area: three acres.
B.
Setbacks. All animal shelters, fenced enclosures and runs shall be located at least 150 feet from any property or street line and shall be sufficiently screened and insulated so as to protect neighboring properties from inappropriate noise, odor and other disturbances.
C.
Provision shall be made for adequate disposal of animal waste.
§ 310-64 Life-care retirement facility.
In the A-O and C Zones and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
All facilities designed for the residence and care of elderly persons and providing a continuum of care and services shall comply with all applicable federal, state and local licensing and regulatory standards.
B.
Facilities that provide skilled nursing shall comply with the provisions for nursing homes herein.
C.
These facilities may include a community center, personal service shops, recreation areas and common open areas.
D.
Age-restricted communities that do not provide a continuum of care or skilled nursing services shall not be considered as life-care communities.
§ 310-65 Mobile home park.
In an A-O Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
A mobile home park shall be located on a tract having an area of at least 10 acres. Such tract shall have at least 400 feet of frontage along an existing public street.
B.
Each lot in a mobile home park shall be not less than 5,000 square feet and not less than 50 feet in width at the building setback line.
C.
Public sewer and public water facilities must be utilized.
D.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
§ 310-66 Multifamily or two-family conversion.
In an R-1 or R-2 Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
There shall be a minimum of 8,000 square feet of lot area per dwelling unit.
B.
When an existing dwelling is converted to a multifamily or two-family dwelling, the character of the existing structure shall be maintained. No exterior modifications shall be permitted which alter the original style of the dwelling, its doors, windows or other details.
C.
In the case of a multifamily or two-family conversion, public sewer and public water must be utilized.
§ 310-67 Nightclub.
In a C Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
A nightclub shall not be permitted to be located within 200 feet of the property line of an existing dwelling unit.
B.
A nightclub shall not be permitted to be located within 1,000 feet of any public or private school, within 1,000 feet of any public recreation facility or 1,000 feet of any house of worship.
C.
A nightclub shall be completely enclosed within a building, with no outside music or entertainment.
§ 310-68 Nonconformity; expansion, alteration or replacement.
In any zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Expansion, alteration or replacement of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.
B.
The total of all such expansions, alterations or replacement of use shall not exceed an additional 35% of the area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities.
C.
Provision for access drives, off-street parking and off-street loading shall be consistent with standards required by this chapter.
D.
Provision for yards, building height and building area shall be consistent to the greatest extent feasible with the standards required for permitted uses in the zone in which the nonconformity in question is located.
E.
Appearance should be harmonious with surrounding properties. This feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance in good condition of all improvements and open spaces.
F.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
G.
The expansion, alteration or replacement shall create no new dimensional nonconformities or increase existing dimensional nonconformities.
§ 310-69 Nursing home.
In an A-O or C Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Minimum lot area: five acres.
B.
Minimum lot width: 300 feet.
C.
All buildings shall be located at least 50 feet from any property line or street line.
D.
All parking areas shall be located at least 20 feet from any property line or street line.
E.
Access shall be via an arterial or collector street as designated by the Township Comprehensive Plan.
F.
Public sewer and public water must be utilized.
G.
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
H.
Each convalescent or nursing home must comply with all applicable requirements of state and federal laws and regulations.
§ 310-70 Outdoor commercial recreational establishment.
In an OS Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Setbacks. The area to be used for recreational purposes must be set back at least 50 feet from any property or street line.
B.
The use must have access on an arterial street or collector street as designated in the Township Comprehensive Plan.
C.
Where an outdoor recreational use, other than a golf course, adjoins an R-1 or R-2 residential zone, trees or shrubs must be planted on the site of this use so as to form an effective visual barrier between the outdoor recreational use and adjoining residential properties.
§ 310-71 Park or other recreation area of a nonprofit nature.
In an R-1, R-2, or OS Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Consideration shall be given to traffic problems. If the nature of the park or open space area is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated by the Township Comprehensive Plan.
B.
Buffers and/or fencing may be required to protect adjacent property.
§ 310-72 Public building or facility.
In R-1, R-2 and OS Zones and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Setbacks. As specified in the zone in which located; provided, however, that no setback (front, side or rear) is less than 35 feet.
B.
Consideration shall be given to traffic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic then access should be via an arterial or collector street as designated in the Township Comprehensive Plan.
§ 310-73 Public utility building.
In an R-1, R-2, A-O, C, IP or OS Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
In an R-1 or R-2 Zone, the permitted building shall not include the storage of vehicles or equipment used in the maintenance of any utility, and no equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed.
B.
All equipment not housed within a building shall be enclosed with a fence or wall not less than six feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension. In an R-1 or R-2 Zone, such fence must be surrounded by evergreen plantings.
C.
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required, and the yard shall be maintained in conformity with the zone in which the building is located.
D.
There shall be no specified minimum lot size; however, each lot shall provide front, side and rear yards in accordance with the regulations of the zone in which the building is located.
§ 310-73.1 Professional office flex space.
[Added 11-13-2019 by Ord. No. 2019-5]
In an A-O, C, or IP Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
B.
Access shall be via an arterial or collector street as designated by the Township Comprehensive Plan.
C.
Outdoor business identification signs shall be permitted for the professional office flex space. Maximum allowable square footage shall not exceed six square feet per tenant or entity and 32 square feet collectively for each property in A-O Zones and shall not exceed 150 square feet collectively for each property in C and IP Zones. Permits shall be required for signs.
§ 310-74 Restaurants.
Restaurants, fast-food or sit-down, meeting the requirements of the definitions in § 310-3C of this chapter, may be permitted in the A-O, C and IP Zones and shall be subject to the following additional requirements:
A.
All restaurants larger than 150 seats shall have direct vehicular access onto an arterial or collector street as specified in the Spring Garden Township Comprehensive Plan.
(1)
When a restaurant is adjacent to or on the same lot with a shopping center or group of commercial uses, it shall use the common access with the other business establishments, if applicable.
B.
Where a drive-through window is proposed, a stacking lane not less than 120 feet shall be provided.
C.
A clearly delineated pedestrian walkway shall be provided between any existing sidewalk and the entrance to the restaurant.
D.
All exterior seating areas shall be separated from all access drives and parking areas by fencing or a landscaped buffer.
(1)
Any play areas shall be completely enclosed by a minimum three-foot-high fence.
E.
All portions of the parking area shall be adequately illuminated in compliance with the outdoor lighting standards in § 310-19E of this chapter.
F.
An exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties in compliance with Chapter 202 of the Code of Spring Garden Township.
H.
Covered trash receptacles shall be provided outside the restaurant for patron use and a plan for the cleanup of litter shall be submitted.
I.
Outdoor storage of trash shall be within an enclosed area and screened from view of adjacent streets, dwellings or residential districts in accordance with § 310-18D of this chapter.
J.
Requirements for off-street parking and the design and construction of all off-street parking areas and access drives shall be in compliance with § 310-15 of this chapter.
K.
All off-street loading and service areas shall be screened from the street and adjacent properties in accordance with § 310-16H of this chapter.
L.
Fast-food restaurants, food stands and similar establishments shall not include the sale of alcoholic beverages.
§ 310-75 Rooming house, group quarters.
In an R-2 Zone and subject to the requirements of the zone except as herein modified, and provided:
A.
Public water and public sewer facilities must be utilized.
B.
In addition to the two off-street parking spaces required for the dwelling, one off-street parking space per guest bed is required for rooming houses.
C.
There shall be no more than four guest rooms per rooming house.
D.
A rooming house shall be owner-occupied, with the owner of the structure residing on the premises.
E.
No facilities for cooking shall be provided in individual guest rooms or suites.
F.
All rooming houses and group quarters shall comply with applicable rules and regulations affecting health and safety administered by federal, state, or local agencies, including the Spring Garden Township Residential Rental Registration Program.
[Amended 2-14-2018 by Ord. No. 2018-01]
§ 310-76 Sanitary landfill.
In an IP Zone and subject to the requirements of the zone except as herein modified, and provided:
A.
Lot area: 50 acres minimum.
B.
Lot width: 300 feet.
C.
No refuse shall be deposited and no building or structure shall be located within 200 feet of the nearest property line.
D.
The area being used must be completely surrounded by a six-foot-high fence so constructed that no opening will be greater than six inches in any dimension.
E.
Must comply with all applicable requirements of the Pennsylvania Department of Environmental Protection.
§ 310-77 School, public or private.
In the R-1, R-2 and A-O Zones and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Minimum lot area: five acres.
B.
Minimum lot width: 300 feet.
C.
Parking areas adjacent to land zoned for or in residential use shall be set back 25 feet and provided with buffering, landscaping and screening in accordance with § 310-18 of this chapter.
D.
All buildings shall be set back at least 100 feet from any abutting property zoned for or in residential use.
E.
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.
§ 310-78 Shopping center or mall.
In a C Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 300 feet minimum.
C.
All buildings must be set back at least 25 feet from any property line and 50 feet from a street line.
D.
Parking. Minimum of 5.5 parking spaces per 1,000 square feet of gross leasable floor area.
E.
Access must be via an arterial street or collector street as designated in the Township Comprehensive Plan.
F.
A buffer yard at least 25 feet wide must be provided on the site in all instances where the site adjoins an R-1 or R-2 Zone. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for building, parking, loading or storage purposes.
§ 310-79 Stable or riding academy.
In an OS Zone and subject to the requirements of that zone except as herein modified, and provided:
B.
Lot width: 300 feet minimum.
C.
Any structure used for the boarding of horses shall be set back at least 100 feet from any property line.
D.
All outdoor pasture and recreation areas shall be enclosed with fencing sufficient to prevent the escape of animals, and all fencing shall be set back at least 10 feet from all property lines.
E.
All stables shall be maintained so to minimize odors perceptible at the property line and not become a nuisance to adjoining properties.
§ 310-80 Tavern.
In a C Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
A tavern shall not be permitted to be located within 200 feet of the property line of an existing dwelling unit.
B.
A tavern shall not be permitted to be located within 1,000 feet of any public or private school, within 1,000 feet of any public recreation facility or 1,000 feet of any house of worship.
§ 310-81 Transportation (passenger) terminal.
In a C Zone and subject to the requirements of the zone in which located except as herein modified, and provided:
A.
Access shall be via an arterial or collector street as designated by the Township Comprehensive Plan.
§ 310-82 Trap, skeet, rifle or archery range.
In an OS Zone and subject to the requirements of that zone except as herein modified, and provided:
A.
Lot area: five acres minimum.
B.
Lot width: 500 feet minimum.
C.
Adjacent areas must be predominantly underdeveloped and the range area must be at least 200 feet from any property line or street line.
D.
Suitable and safe backstops must be provided.
E.
Must be located at least 1,000 feet from an existing residential dwelling.
§ 310-83 Wind energy system.
In the A-O, C, IP or OS District, small wind energy systems are permitted by special exception subject to the following criteria:
A.
All permitted and special exception uses shall be permitted one wind energy system for the noncommercial production of electricity.
B.
No wind energy system shall be located on a parcel less than 40,000 square feet.
C.
All windmills, except single pole structures, shall be enclosed by a fence in compliance with Article III of this chapter. Such fence shall be located at least five feet from the base of such windmill. Guy wires may be located outside the fenced area.
D.
No windmill for private use shall be greater than 100 kilowatt-hours (kwh).
E.
No windmill for private use shall be greater than 100 feet in height.
F.
No windmill shall be permitted which is designed to have any vane, sail or rotor blade to pass within 30 feet of the ground.
G.
All electrical wiring leading from a windmill shall be located underground.
H.
Windmills may be located within the required rear or side yards, provided they are no closer than two times their height from the nearest inhabitable structure not located on the same parcel as the windmill.