Springettsbury Township
City Zoning Code
City Zoning Code
ARTICLE XXIX
Permitted Uses Authorized by Special Exception or as a Conditional Use
§ 325-156 Uses by special exception and conditional uses defined.
A.
Uses by special exception. A ruling or formal permission to use a property in a particular way, the granting of which is a function of the Zoning Hearing Board in accordance with the provisions of Article XXXII, Enforcement and Administration, whereby the Zoning Hearing Board hears and decides requests for uses stipulated as "uses by special exception" in this chapter in accordance with explicit standards and criteria. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
B.
Conditional uses. A ruling or formal permission to use a property in a particular way, the granting of which is a function of the Board of Supervisors in accordance with the provisions of Article XXXII, Enforcement and Administration, whereby the Board of Supervisors hears and decides requests for uses, stipulated as "conditional uses" in this chapter in accordance with explicit standards and criteria. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
§ 325-157 Minimum standards.
The following sections list minimum standards for specified uses permitted by special exception and conditional uses.
§ 325-158 Accessory commercial use.
In the R-1 District, apartment or multifamily dwelling developments containing not less than 200 units, the following defined commercial accessory uses are permitted, provided that such uses shall not include the outdoor storage of materials, equipment or merchandise and total area devoted to such commercial use shall not exceed 4% of the total gross floor area:
§ 325-159 Accessory dwelling unit for additional family members.
A.
A single-family dwelling unit may be converted by allowing a second kitchen for the incorporation of one additional dwelling unit for a family member in any residence district. For the purposes of this section, the term "incorporation" shall mean either completely within an existing principal building or added to an existing principal building, provided that both dwelling units shall be attached by a common wall, floor or ceiling and not simply by an attached breezeway or porch and shall be contained within one building. For purposes of this article, family members shall include and be restricted to the following:
B.
The dwelling in question shall be owner-occupied during the duration of the special exception which shall be renewed on an annual basis.
C.
The additional dwelling unit shall be occupied by a family member, no rent shall be charged and under no circumstances shall more than two individuals occupy this unit.
D.
The additional dwelling unit shall not exceed 450 square feet of floor area, unless parts of an existing dwelling are otherwise arranged or designed to be transformed into a larger one-bedroom unit. The maximum floor area of the additional dwelling unit shall not be more than 30% of the total floor area of the principal dwelling, excluding basement area.
E.
Prior to the issuance of a zoning permit, a certificate in the form of an affidavit to verify that the owner is in residence and that one of the occupants of a particular dwelling unit is a family member shall be presented to the Zoning Hearing Board. Thereafter, the applicant shall submit such notarized affidavit to the Zoning Officer by January 31 of each year as a requirement for the continuance of the special exception.
F.
At such time as the owner is no longer in residence or the approved family member is no longer an occupant of the unit, the owner shall immediately notify the Township, and the unit shall be returned to use as a part of the normal single-family home.
§ 325-159.1 Adaptive reuse to multifamily residential (by special exception in the R-7 Zoning District).
[Added 1-25-2018 by Ord. No. 2018-01]
The conversion of an existing nonresidential structure into multifamily residential units with the resulting units each having independent kitchen, bath, and sleeping facilities. The intent is to provide an alternative use for structurally sound, larger, older buildings, which may no longer be economically viable to function as the original use and, with internal renovations, can be converted to multifamily units. Existing schools, churches, civic organizations, clubs, commercial buildings and other nonresidential structures may be converted to multifamily units when the following requirements have been met:
B.
Off-street parking.
(2)
Off-street parking lots with three or more spaces shall be buffered from abutting residences by hedge material placed on three-foot centers. Alternately, a four-foot to five-foot fence may be erected which provides a visual screen.
C.
Habitable square footage requirements:
Type of Unit | Minimum Floor Area (square feet) |
|---|---|
Efficiency | 450 |
One-bedroom | 550 |
Two-bedroom | 700 |
Three-bedroom | 800 |
Four-bedroom | 950 |
D.
Recreation dedication. Recreation dedication shall be completed per the requirements found in § 289-49 of the Township's Subdivision and Land Development Ordinance.
E.
Trash receptacles. Trash receptacles shall be screened so as not to be visible from the street or abutting properties, except on scheduled days for trash pickup. The yard and building area requirements for the district in which the building is located must be complied with.
F.
Special exception requirements. The applicant shall prove that they are meeting all special exception requirements above and those included in § 325-190F2(a) through (g) of the Township's Zoning Ordinance.
(1)
The special exception application for adaptive reuse shall be accompanied by a floor plan including the following information:
(a)
Revisions and modifications to the interior and exterior of the existing structure(s).
(b)
Applicable information required for a special exception use.
(c)
Site and architectural plans for the adaptive reuse of said building shall be submitted, as applicable, together with an application for special exception, in accordance with the requirements of this chapter.
H.
Township regulations. The proposed adaptive reuse must meet all applicable zoning and Building Code regulations.
§ 325-160 Animal shelters.
A.
Animal shelters are permitted under a special use permit in the G-I District.
B.
Animal shelters shall meet the following minimum requirements:
(1)
Must meet all applicable licensing requirements of the state.
(2)
The minimum site area shall be adequate to provide the required parking, yards and at least one off-street emergency loading space.
(3)
No off-street parking or loading areas will be allowed in any required yard area, except off-street parking may be allowed in the front yard area.
(4)
If located within 250 feet of a residential zone, animal noises and odors shall not be detectable on adjoining property.
(5)
Any applicant desiring a crematorium must so state in the application.
§ 325-161 Assisted living facility.
Skilled nursing facilities are allowed by special exception in the R-1, N-C and N-C/H Districts under the following regulations:
A.
Such uses shall be permitted only on a lot which fronts on an arterial street unless such use is part of a T-N or F-D development which has access to an arterial street.
B.
The facility shall comply with all licensing requirements of the State of Pennsylvania.
C.
Service areas and facilities shall not be located closer than 100 feet from a residential use.
D.
All living facilities must be connected to the central facilities through internal passageways (i.e., hallways, corridors, etc.).
§ 325-162 Automobile garage, body shop or gasoline service station.
Automobile service stations shall be allowed by special exception in the Commercial Highway District subject to the following safeguards and regulations:
A.
All accessways and service areas shall be paved with a surfacing material as approved by the Township.
B.
Motor vehicles shall not be permitted to be parked or to stand on sidewalk areas.
C.
Gasoline pumps and all service equipment:
(1)
Shall be set back a minimum of 30 feet from any lot line and so located that vehicles stopped for service will not extend over the property line.
(2)
[1]The paved area serving each gasoline pump may be counted towards the minimum parking requirements of Article XXV if said paved area adjacent to each pump meets the minimum parking space dimensional requirements for parallel parking spaces as stated in Article XXV.
[1]
Former Subsection C(2), regarding canopies over gasoline pumps, was repealed 10-13-2022 by Ord. No. 2022-04. This ordinance also renumbered former Subsection C(3) as Subsection C(2).
D.
Outdoor display. All merchandise, excepting vending machines and oil racks, shall be displayed within a building.
E.
Plans shall be submitted and approved as provided in the Subdivision and Land Development Ordinance (Chapter 289).
F.
If towing service is provided for wrecked vehicles and partially dismantled vehicles are temporarily stored at the site, a six-foot opaque fence completely enclosing these vehicles shall be erected. This compound shall be to the rear of the principal buildings and must observe all yard setback requirements. The compound shall be landscaped with shrubbery and trees to enhance its appearance and provide additional barrier. All inoperable (inoperative) vehicles damaged by collision, fire or in need of body work shall be stored within this compound and not located elsewhere on the property. The maximum limit for storage of any inoperable (inoperative) vehicle shall not exceed 30 days.
§ 325-163 Bars and nightclubs.
[Amended 5-12-2022 by Ord. No. 2022-01]
A.
The structure housing the bar or nightclub shall be located at least 300 feet from the nearest property line of land occupied by any single-family home, school or church. Any existing premises used as a bar or nightclub shall not be deemed a violation of these regulations as a result of the subsequent erection of a single-family home, school or church.
B.
The facility shall comply with all licensing requirements and regulations of the Commonwealth of Pennsylvania.
§ 325-164 Bed-and-breakfast inn.
Criteria for the establishment of a bed-and-breakfast inn as a special exception use subject to recommendation of the Zoning Hearing Board are listed below:
B.
Short-term overnight lodging to be provided, monthly rentals are inappropriate and the maximum guest stay shall be limited to seven days.
C.
Maximum of four guest rooms.
D.
Breakfast served only to overnight lodgers and shall be the only meal provided.
E.
Parking to be provided. A minimum of one off-street parking space per guest room, plus two spaces for the owner, located in the side or rear yard, minimum of 20 feet from the property line.
F.
The inn must comply with local regulations regarding all application permits, including but not limited to fire, health and building codes.
G.
A business license must be obtained prior to opening.
H.
The remainder of the dwelling in which a bed-and-breakfast facility is located shall be used solely by the family in permanent residence. Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.
§ 325-165 Boardinghouses.
Boardinghouses are allowed by special exception in the R-1, N-C, N-C/H and M-U Districts subject to the following regulations:
A.
A boardinghouse shall meet the minimum lot size and other area and bulk requirements for single-family detached dwellings of the base zoning district.
B.
The minimum off-street parking requirements shall be determined on the basis of two spaces plus one space for each room available for rent.
C.
If meals are to be served, the applicant shall demonstrate compliance with all applicable food-handling requirements of the York County Health Department.
D.
The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived. The Zoning Hearing Board may, in the alternative, authorize approval of the special exception contingent upon the requisite approvals from the Department of Labor and Industry being obtained.
§ 325-166 Bus shelters.
Bus shelters may be allowed in the G-I, B-I, C-H, M-U, F-D N-C and N-C/H Districts and in a T-N Neighborhood Center as a conditional use meeting the following requirements:
B.
Bus shelter must be approved by and for the use of a municipal transportation authority.
C.
The shelters may be no larger than 5.5 feet by eight feet and no taller than eight feet.
[Amended 4-22-2010 by Ord. No. 2010-04]
D.
No shelter shall be placed closer than 1,000 feet to an existing shelter, unless the history of riders boarding at each stop is greater than 30 per day.
E.
Shelters shall be constructed in accordance with Township specifications.
F.
The shelters shall be maintained in good condition and necessary repairs made in a timely manner.
G.
The applicant shall present proof of the property owner's consent to the bus shelter.
I.
All shelters existing at the time of adoption of this chapter, as shown on "Appendix A," are allowed uses.
§ 325-167 Business and industrial park standards.
A.
Purpose: to promote the orderly development of land within the industrial land use districts of the Township, consisting of land organized and laid out in accordance with an overall plan for a community of industries, including the servicing of those industries. Architecturally attractive building facades and landscaping are a key component of an industrial park.
B.
Permitted uses. All uses which are permitted in the underlying zoning (B-I or G-I in Article XVI) for the industrial land use districts of the Township.
C.
Area and bulk regulations.
(1)
Lot area. Individual parcels of not less than three acres shall be provided.
(2)
Lot width. The industrial park shall have a minimum of 200 feet of public street frontage. There shall be no minimum public street frontage for individual parcels within the park, although an adequate right-of-way of access shall be provided for each parcel.
(3)
Coverage. The principal and accessory buildings, storage yards, off-street parking lots, loading and unloading docks shall not project into the required yard spaces as set forth below. All open space other than parking and loading spaces and access drives shall be covered with a vegetative material.
(4)
Yards. Yards of the following minimum setbacks shall be provided; however, in no case shall the front, side or rear yard depths be less than 60% of the legal right-of-way of the street or streets on which the lot abuts:
(5)
Height. No building shall be erected to a height in excess of 50 feet; provided, however, that this height may be increased one foot for each additional foot that the width of each yard exceeds the minimum required.
(6)
Internal street system. All internal streets providing access to parcels within the park shall be a minimum of 20 feet in width, constructed to Township specifications. These streets shall remain private and not offered for adoption by the Township. Each parcel shall have a minimum of fifty-foot frontage upon such a street. There shall be no limit upon the length of a private cul-de-sac street.
(7)
Site access. The industrial park shall have a minimum of one street access to a minor arterial or collector street. A second access may be required by the Township Planning Commission and Board of Supervisors. The determination for a second access shall depend upon the number of parcels within an industrial park, potential traffic volume, proposed internal street system and existing traffic volume and condition of the public street used for access.
(8)
Utilities. All parcels shall be served by public water and sanitary sewer. All utilities shall be installed underground.
§ 325-168 Campground.
In an R-R District and subject to the requirements of the district, except as herein modified and provided:
A.
Minimum lot area: five acres.
B.
Setbacks. All campsites, permanent and temporary structures and equipment shall be located at least 200 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 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.
D.
Each campsite shall abut a dust-free 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 volume. If the nature of the campground is such that it will generate a high volume of vehicular traffic, exceeding 200 vehicles per day, then access shall be by way of an arterial or collector street as classified on the Springettsbury Township Street Map, as amended from time to time.
G.
Each campground must comply with all applicable requirements of state laws and regulations.
§ 325-168.1 Casino and gambling facility.
[Added 7-26-2018 by Ord. No. 2018-07]
A.
Casino and gambling facilities shall be permitted as a conditional use in Springettsbury Township.
B.
In addition to the requirements of this chapter, the use shall comply with the provisions of the Commonwealth of Pennsylvania.
C.
Parking shall be provided per § 325-114D. In addition to those spaces dedicated to the casino and gambling uses, accessory uses, including but not limited to those uses set forth in § 325-168.1J, and any other similar areas open to the public shall be parked at a rate of 50% of the minimum parking requirements for each use as established by § 325-114D.
D.
Bus area parking and circulation shall not conflict with automobile circulation and spaces.
E.
A Type 2 buffer yard pursuant to the requirements of § 289-35 of the Subdivision and Land Development Ordinance shall be provided along all sides of a bus parking area that adjoins a street or access drive (excluding aisles) and that primarily serves the casino, except that no such buffer yard shall be required on any side of the bus parking area that is necessary to provide access to the bus parking spaces.
F.
An access plan shall be submitted for Township review and evaluation to ensure minimized impacts of conflicts between the vehicular routes and alignments of the facility and surrounding uses.
G.
A traffic impact study shall be completed to identify and evaluate potential patronage's vehicular patterns and demands. The study shall comply with the requirements of Chapter 289, the Subdivision and Land Development Ordinance.
H.
All activities conducted on site must adhere to the performance standards found in Article XXVIII, Performance Standards.
J.
Permitted accessory uses. The following uses are permitted accessory uses to a casino and gambling facility and may be approved along with the conditional use approval of the principal use:
(1)
Bar.
(2)
Restaurant, cafe and other places serving food and/or alcohol.
(3)
Off-track betting/wagering.
(4)
Boutique retail: maximum of 1,500 square feet per individual retail use.
(5)
Personal care service: maximum of 1,500 square feet per individual personal care service use.
(6)
Nightclub.
(7)
Recreational and entertainment facility, including live entertainment.
(8)
Theater.
(10)
Structured parking.
§ 325-169 Cemetery.
Cemeteries are allowed by special exception in the R-10, R-20 and R-R Districts under the following regulations:
§ 325-170 Commercial AM/FM radio, television, microwave, cellular towers, transmission and relay towers and accessory equipment buildings.
A.
A commercial antenna or tower shall be permitted in the G-I or C-H Zoning District as a special exception subject to the following:
(1)
Tower location. Towers shall be located on the site as to provide a minimum distance equal to 110% of the height of the tower from all property lines or shall be certified by a registered engineer who shall submit calculations substantiating the position of the one-hundred-and-ten-percent break point.
(2)
Foundation. The foundation shall be designed and certified by a professional engineer.
(3)
Anchor location. All tower supports and peripheral anchors shall be located entirely within the boundaries of the property and in no case less than five feet from the property line.
(4)
Setbacks, accessory buildings. All accessory buildings and structures shall conform to the setback requirements for the district in which the use is located.
(5)
Screening. Fencing and/or screening shall be provided as required by the Subdivision and Land Development Ordinance (Chapter 289).
(6)
Access. Climbing access to the tower shall be secured from use by unauthorized persons.
(7)
Lighting. All exterior lighting shall be directed away from all adjacent properties.
B.
Nonconforming towers existing in zoning districts other than G-I, M-U and C-H Districts shall not be permitted to be expanded in height or in area. Existing nonconforming towers can be expanded in capacity so long as this expansion can be accomplished within existing tower dimensions and structure requirements.
§ 325-171 Domiciliary care unit.
A.
Applicant must secure certification with the York Area Agency on Aging or any other official social agency.
B.
The dwelling must be inspected by the Township Fire Chief, and the Chief shall submit a written report to the Zoning Officer with recommendation for fire safety equipment and any necessary recommendation to ensure adequate fire protection. A fee as established by the Board of Supervisors shall be collected for each inspection.
C.
The maximum number of unrelated persons who are 18 years of age and above who are disabled physically, mentally or emotionally or who are aged shall not exceed two per dwelling unit.
D.
The use/occupancy permit shall be renewed annually, following an inspection by the Fire Chief and Zoning Officer and collection of a fee as established by the Board of Supervisors.
§ 325-171.1 Energy conversion systems.
[Added 3-24-2011 by Ord. No. 2011-04]
Energy conversion systems shall be permitted under a special use permit in the R-R district subject to the provisions of Energy Conversion Systems, Article XXXIV of this chapter, and the following:
A.
Energy conversion systems as a primary use in the R-R district shall be limited to large solar energy systems and large wind energy production facilities.
B.
Minimum lot size for large wind energy production as a primary use in the R-R district shall be 40 acres.
C.
Minimum lot size for large solar energy systems as a primary use in the R-R district shall be 25 acres.
§ 325-172 Group quarters.
The use and occupancy of any land, building or structure as group quarters shall be subject to the following:
A.
Group quarters shall be permitted only as an accessory use to and shall be located upon the same lot occupied by the principal use of the governmental, educational, charitable or philanthropic institution with which such quarters are associated; provided, however, that group quarters may be located on a lot adjoining the lot occupied by such principal use so long as the two lots have a common boundary on a single course of not less than 100 continuous running feet.
B.
Any group quarters shall have a minimum of 350 square feet of habitable floor area provided for each occupant.
C.
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require any kitchen and dining facilities if the affiliated institution provides them elsewhere.
D.
All group quarters shall be connected to public water and public sanitary sewage facilities.
E.
All group quarters shall comply with the Federal Life Safety Code, the rules and regulations of the Pennsylvania Department of Labor and Industry and all other applicable building, safety and fire codes of the federal, state or local government.
F.
Off-street parking shall be provided for all group quarters based upon one parking space for each occupant and staff member.
§ 325-173 Home occupations.
A home occupation shall be permitted by special exception in any residential district subject to the following:
A.
The incidental sale of products actually grown on the premises shall be permitted in season but shall not involve signs off the premises nor sales of products grown or produced at any other location.
B.
The sale of goods produced, fabricated or prepared as a result of the home occupation shall not be permitted on any residential premises as a part of the home occupation activity. Any sale of goods shall be conducted in an appropriate commercial setting or delivered to customers off site.
C.
Delivery of materials to and from the premises shall not involve the use of vehicles over two-ton capacity except for parcel post or united parcel-type service trucks. Activities involving more than two separate deliveries five or more days per week to or from the premises shall not be permitted in any residential area.
D.
Persons engaged in a permitted home occupation shall be limited to members of the household residing on the premises.
E.
No electrical or mechanical equipment that would change the fire rating of the structure or create visible or audible interference in radio or television receivers or cause fluctuations in line voltage outside the dwelling unit shall be employed.
F.
No quantity of firearms, gunpowder, fireworks, rockets, projectiles or similar explosives shall be allowed.
G.
Barbershops or beauty shops and any activity meeting the definition of business service in this article shall not be allowed.
H.
Automobile and vehicle painting and repair, furniture refinishing or any activity utilizing paint, thinners or chemicals of a flammable and/or combustible nature shall not be allowed. This shall not prohibit handpainting of arts and crafts-type items.
I.
A home occupation is not transferable to subsequent occupants of a residence and it cannot be transferred to a new residence. A home occupation shall cease to be valid at anytime an active business license is not maintained.
J.
A home occupation shall be carried on wholly within the principal building and shall occupy no more than 20% of the total floor area. No home occupation nor any storage of goods, materials or products connected with a home occupation shall be allowed in an accessory building or a garage, attached or detached. Activities requiring such storage shall not be considered to be a home occupation.
K.
There shall be no demand for parking beyond that which is normal to the neighborhood and no visual or excessive traffic to and from the premises. In no case shall the home occupation cause more than two additional vehicles to be parked on or near the premises.
§ 325-174 Hotels and motels.
Hotels and motels are a use by special exception in the M-U District subject to the following development regulations.
A.
A site to be used for a hotel or motel establishment shall include an office and lobby and may include such accessory uses as:
B.
The minimum lot area shall be one acre, and the minimum lot width shall be 150 feet.
C.
Maximum building footprint: 75,000 square feet.
D.
The maximum height of any building shall be 100 feet.
E.
Distance between buildings shall not be less than 25 feet.
F.
All principal and accessory buildings and structures shall cover a total of not more than:
G.
The total interior floor area of each guest room, inclusive of bathroom and closet space, shall be not less than 250 square feet.
H.
Building setbacks. Building setbacks of the following minimum and maximum depths shall be provided. No merchandise, produce or display items shall be located within any yard area.
(1)
Minimum front setback: 25 feet.
(2)
Maximum front setback: 50 feet.
(3)
Minimum side building setback: 10 feet.
(4)
Minimum rear setback: 30 feet.
(5)
Minimum rear and side setbacks for development adjacent to a residential district: 30 feet for structures up to 15 feet tall, plus 10 feet for each additional 10 feet or story in height.
I.
Access shall only be by a major or minor arterial street and points of vehicular ingress and egress shall be limited to a total of one on any street. Off-street parking shall be provided as follows:
(1)
At least one automobile parking space, carport or garage shall be provided on the site for each guest room and shall be located within 150 feet from the guest room it serves.
(2)
For restaurants, coffee shops or cafeterias, at least one automobile parking space shall be provided for every 100 square feet of floor area devoted to patron use and one additional space shall be provided for each employee.
(3)
All parking areas shall be at least 25 feet from all street lines. All parking areas serving a restaurant, cafeteria or coffee shop or dining hall shall be at least 30 feet from all guest rooms.
§ 325-174.1 House of Worship.
[Added 4-22-2010 by Ord. No. 2010-04]
A house of worship, as defined in this chapter, shall be permitted by special exception in the R-R Zone subject to the following:
§ 325-175 Kennels.
A.
Shall be permitted in the R-R Districts with a minimum lot size of five acres.
B.
Adequate off-street parking shall be required.
C.
One sign shall be permitted: two square feet in area located a minimum of 20 feet from the street right-of-way.
D.
All areas used for exercise shall be securely fenced.
E.
All animals shall be within a completely enclosed building which shall be a minimum of 200 feet from any property line.
F.
Animals shall be permitted to exercise daily between the hours of 8:00 a.m. and 8:00 p.m. All outdoor exercise areas shall be 200 feet from any property line.
§ 325-175.1 Libraries.
[Added 4-22-2010 by Ord. No. 2010-04]
A library shall be permitted by special exception in the R-R Zone subject to the following:
§ 325-176 Mini storage facilities.
A.
Mini storage shall be a special exception use in the C-H District.
B.
Lot size shall not exceed 2 1/2 acres.
D.
An outside storage area shall be provided on the interior of the parcel, arranged so that the storage units back onto this area effectively screening it from view. This is the only outside area where storage of any equipment, including but not limited to automobiles, vans, recreational vehicles, boats and trucks or any other materials can be stored. Access to this storage area shall be designed to avoid direct sight into the area from abutting properties and from adjacent streets.
E.
All machinery, tanks or other apparatus relying upon combustible fuels shall be stored only in the external storage area. This area shall be the only outside area where vehicles, trailers and boats can be stored.
F.
Fencing provided shall be in accordance with this chapter.
G.
No advertising signs will be permitted on the property other than identifying signs for the mini storage facility itself in accordance with this chapter.
H.
One small office for the exclusive use of the mini storage facility operations and management shall be permitted.
I.
All lighting shall be shielded to direct light onto the storage units and away from adjacent property and streets.
J.
Parking shall be provided by parking/driving lanes adjacent to the buildings of sufficient width to provide adequate room for simultaneous loading and passage. As stated in Subsection E above, required parking spaces may not be rented as, or used for, vehicle storage. Any vehicles parked in the parking/driving lanes in excess of 24 hours will be in violation of this article.
K.
The following uses are strictly prohibited:
(2)
Establishment of a transfer business.
(3)
Vehicle or trailer rental services.
(4)
Repair, construction, reconstruction or fabrication of any item, including but not limited to any boat, engine, motor vehicle or furniture.
(5)
Auctions, wholesale or retail sales (including garage sales); provided, however, that accessory retail sales of boxes, packing supplies, tape, packaging materials, or other products customarily sold in connection with a self -storage facility shall be permitted in the manager's office.
[Amended 2-27-2020 by Ord. No. 2020-01]
(6)
Bulk storage of gasoline, diesel fuel, paint, paint remover and all other flammable, combustible, explosive or hazardous materials and chemicals. Nothing in this section is meant to prohibit the storage of motor vehicles or equipment that contain a normal supply of such fuels for their operation.
(7)
The operation of power tools, spray-painting equipment or any other use that is noxious because of odors, dust fumes, vibrations or emissions, except as necessary to maintain the premises.
(8)
Telephone service to individual units, although phone service to the facility office and pay phones within the facility are permitted.
(9)
Accessory buildings and/or uses not incidental to operation of the facility.
§ 325-177 Natural production uses.
The Zoning Hearing Board may authorize as a special exception in General Industrial Districts the excavation and sale of sand, gravel, clay, shale or other natural mineral deposits, or the quarrying of any kind of rock formation, subject to the performance standards of this article and the following conditions:
A.
In the case of any open excavation, there shall be a fence or wall completely enclosing the portion of the property in which the excavation is located, said fence or wall shall be not less than eight feet in height and shall be so constructed as to have openings no larger than six inches.
B.
No top of the slope or quarry wall shall be nearer than 100 feet to any property line or street line.
C.
No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating such products shall be permitted.
D.
A plan for reclamation of the site shall be submitted for review by the Planning Commission. Such plan shall take into consideration the following:
§ 325-178 Private and public country clubs.
Private and public country clubs shall be allowed by special exception in the R-10, R-20 and R-R Districts subject to the following regulations:
§ 325-179 Public or private schools.
A public or private school, as it is defined in this chapter, shall be permitted by special exception in the R-R Zone subject to the following:
A.
Area, width and bulk requirements.
[Amended 4-22-2010 by Ord. No. 2010-04]
B.
Transportation access: Any school must be located on a street designated as an arterial or collector in the Springettsbury Township street classification network.
C.
All courses of instruction must, as a general rule, be conducted within the school building. Infrequent instruction in a discipline normally conducted or operated out of doors will be permitted so long as the remaining criteria of this section are complied with.
D.
No course of instruction, whether conducted inside or outside the school building, shall produce or result in any noise, unreasonable sound or offensive odor discernible beyond the property line.
E.
No instructional material, equipment or supplies shall be stored or, when not in use, be allowed to remain outside the school building.
G.
The school building shall comply in all respects to state, federal and local health, safety and building codes.
§ 325-180 Riding academies and boarding stables.
A.
Shall be permitted in the R-R Districts with a minimum lot size of five acres
B.
Adequate off-street parking shall be provided.
C.
All animals, except while exercising or pasturing, shall be confined in a building erected or maintained for that purpose.
D.
The building required by Subsection C hereof shall not be erected or maintained within 200 feet of any lot line.
E.
All areas used for exercising and pasturing shall be securely fenced.
F.
The accumulation and storage of manure or other odor-producing substances shall not be permitted.
§ 325-181 Salvage yard, junkyard.
A.
Shall be permitted as a special exception use in a G-I District.
B.
Minimum of thirty-acre parcel.
C.
An eight-foot opaque fence shall enclose the storage yard and any equipment or structure.
D.
The contents of the junkyard shall not be placed or deposited to a height greater than the eight-foot fence.
E.
An annual inspection by the Zoning Officer and collection of a fee as established by the Board of Supervisors shall be conducted for each site.
§ 325-182 Sexually-oriented businesses.
A.
Purpose and findings; interpretation.
(1)
Pursuant to the authority granted in the Municipalities Planning Code to promote the health, safety, morals and general welfare of the inhabitants of Springettsbury Township by providing adequate lighting and parking, preventing the overcrowding of land, conserving the value of buildings and encouraging the most appropriate use of land, the purpose of this section is to regulate the location and places of adult facilities, including adult bookstores, adult cabarets and adult theaters, thereby controlling and minimizing the adverse effects of those sexually oriented businesses and thereby protecting the health, safety and welfare of its citizens, protecting the citizens' property values and the character of surrounding neighborhoods and deterring the spread of blight. Springettsbury Township does not intend this section to suppress any speech activities protected by the First Amendment but to enact a content-neutral ordinance which addresses the secondary effects of sexually oriented businesses. It is not the intent of the Township in enacting this legislation to deny any person rights of speech protected by the Constitution of the United States or the Constitution of the Commonwealth of Pennsylvania, or both, nor is it the intent of the Township to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books or other materials. Further, by enacting this legislation the Township does not intend to deny or restrict the rights of any adult to obtain or view, or both, any sexually oriented materials or conduct protected by the Constitution of the United States or the Constitution of the Commonwealth of Pennsylvania, or both, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of sexually oriented materials have to sell, distribute or exhibit these materials.
(2)
The Springettsbury Board of Supervisors finds as follows:
(a)
Law enforcement personnel have determined, and statistics and studies performed in a substantial number of communities in this commonwealth and in the United States indicate, that sexually oriented businesses have adverse secondary effects, which secondary effects should be regulated to protect the public health, safety and welfare. These secondary effects include, but are not limited to, the spread of communicable diseases, performance of sexual acts in public places, presence of discarded sexually oriented materials on public and private property, sexual harassment, obscenity, prostitution and other illegal sexual activities, crime, decreased property values and neighborhood deterioration.
(b)
Based on evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. Amer. Mini Theatres, 426 U.S. 41 (1976); and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991) and on other information available to the Township, the Township finds as follows:
[1]
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments.
[2]
Certain employees of adult cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.
[3]
Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows. Furthermore, adult bookstores tend to attract customers who engage in unprotected, high-risk sexual activities.
[4]
Persons frequent certain adult theaters and other sexually oriented businesses for the purpose of engaging in sexual activities within the premises of such sexually oriented businesses.
[5]
At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, Hepatitis B, Non A, Non B, amebiasis, salmonella infections and shigella infections.
[6]
The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn child.
[7]
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
[8]
Numerous studies have indicated that sexually oriented businesses have a substantial negative impact on property values and cause neighborhood blight.
[9]
The findings noted in Subsection A(2)(b)[1] through [8] raise substantial governmental concerns.
(c)
Sexually oriented businesses have adverse secondary effects, which secondary effects should be regulated through zoning to protect the public health, safety and welfare.
(d)
The general welfare, health and safety of the citizens of the Township will be promoted by the enactment of this section.
(3)
In interpreting and applying the provisions of this section, they shall be held to be the minimum requirements for the promotion of the public health, safety, comforts, convenience and general welfare of Springettsbury Township citizens. Where the provisions of any statute, other ordinance or regulations impose greater restrictions than this section, the provisions of such statute, other ordinance or regulation shall be controlling. Where the provisions of this section impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this section shall be controlling to the extent allowed by law. However, in no case shall the provisions of this section be interpreted in such a manner as to violate the United States Constitution or the Constitution of the Commonwealth of Pennsylvania.
B.
Adult bookstores. In a Commercial Highway District and subject to the requirements of the Zone herein modified:
(1)
All lot lines of any lot upon which an adult bookstore is to be located shall be more than 1,000 feet from any lot line of any lot upon which is located another sexually oriented business.
(2)
All lot lines of any lot upon which an adult bookstore is to be located shall be more than 1,000 feet from any lot line of any lot upon which is located a public or private school, park or playground, child day-care center, child day-care home, house of worship or residence and any boundary line of any residential zoning district, including R-1, R-7, R-10, R-20 and R-R.
(4)
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.
(5)
Any building or structure used and occupied as a sexually oriented business 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 offered items of service or entertainment shall be visible from outside the structure.
(6)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
(7)
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 bookstore, that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry. This sign shall not count towards the business's allocated sign allotment.
(8)
The sexually oriented business building and parking areas shall be sufficiently lit so as to deter illegal and illicit conduct, which lighting shall be a minimum of two footcandles at every point on the site, as measured at the surface of the ground. All such light shall be shielded to direct light onto the sexually oriented business and its parking areas and away from adjacent properties and streets. Either this provision or the requirement under the Subdivision and Land Development Ordinance shall apply, whichever is stricter.
(9)
All applicable Township licensing requirements must be met.
C.
Adult cabarets. In a Commercial Highway District and subject to the requirements of the Zone as herein modified:
(1)
All lot lines of any lot upon which an adult cabaret is to be located shall be more than 1,000 feet from any lot line of any lot upon which is located another adult cabaret or an adult theater or adult bookstore.
(2)
All lot lines of any lot upon which an adult cabaret is to be located shall be more than 1,000 feet from any lot line of any lot upon which is located a public or private school, park or playground, child day-care center, child day-care home, house of worship or residence and any boundary line of any residential zoning district, including R-1, R-7, R-10, R-20 and R-R.
(4)
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.
(5)
Any building or structure used and occupied as an adult cabaret 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 offered items of service or entertainment shall be visible from outside the structure.
(6)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
(7)
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 cabaret, that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.
(8)
Parking shall be established at the minimum ratio of one parking space for every two seats or one parking space for every 100 square feet of gross floor area and one space for every two employees, whichever is greater.
(9)
The adult cabaret building and parking areas shall be sufficiently lit so as to deter illegal and illicit conduct, which lighting shall be a minimum of two footcandles at every point on the site, as measured at the surface of the ground. All such light shall be shielded to direct light onto the cabaret and its parking areas and away from adjacent properties and streets. All applicable Township licensing requirements must be met.
D.
Adult theaters. In a Commercial Highway District and subject to the requirements of the Zone as herein modified:
(1)
All lot lines of any lot upon which an adult theater is to be located shall be more than 1,000 feet from any lot line of any lot upon which is located another adult theater or an adult cabaret or adult bookstore.
(2)
All lot lines of any lot upon which an adult theater is to be located shall be more than 1,000 feet from any lot line of any lot upon which is located a public or private school, parks or playgrounds, child day-care center, child day-care home, house of worship or residence and any boundary line of any residential zoning district, including R-1, R-7, R-10, R-20 and R-R.
(4)
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.
(5)
Any building or structure used and occupied as an adult theater 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 offered items of service or entertainment shall be visible from outside the structure.
(6)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
(7)
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 theater, that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.
(8)
Parking shall be established at a minimum ratio of one parking space for every three seats or, if included in a shopping center with at least 200 other parking spaces, one parking space for every six seats.
(9)
The adult theater building and parking areas shall be sufficiently lit so as to deter illegal and illicit conduct, which lighting shall be a minimum of two footcandles at every point on the site, as measured at the surface of the ground. All such light shall be shielded to direct light onto the theater and its parking areas and away from adjacent properties and streets.
(10)
All applicable Township licensing requirements must be met.
§ 325-183 Skilled nursing facility.
Skilled nursing facilities are allowed by special exception in the R-1, N-C and N-C/H Districts, under the following regulations:
A.
Such uses shall be permitted only on a lot which fronts on an arterial street unless such use is part of an F-D development which has access to an arterial street.
B.
The facility shall comply with all licensing requirements of the State of Pennsylvania.
C.
Rooms or suites may be designed for housekeeping purposes; however, a central kitchen, central dining facilities, and central recreational facilities shall be provided.
D.
Service areas and facilities shall not be located closer than 100 feet from a residential use.
E.
Twenty-four-hour staff shall be required.
F.
All living facilities must be connected to the central facilities through internal passageways (i.e., hallways, corridors, etc.)
§ 325-184 Solid waste landfill.
Facilities for the disposal of Township or residual solid waste as permitted by special exception in the G-I District shall, in addition to all of the requirements of this article, be subject to the following:
A.
Such municipal or residual solid waste disposal facility, whether a landfill, incinerator, resource recovery or any other system, shall be owned and operated only by a political subdivision of the Commonwealth of Pennsylvania.
B.
Such facility shall provide for the disposal only of municipal or residual solid waste as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988, and 25 Pa. Code, Chapters 271, 273, 275, 277, 279, 281, 283 and 285, as amended, supplemented or revised.
C.
If a landfill, no solid waste shall be deposited, either temporarily or permanently, within 300 feet of the property line of any adjoining property or within 300 feet of the street right-of-way line of any public highway. If an incinerator, resource recovery or other such facility, no such storage or disposal structure shall be located within 300 feet of such property line or any public highway.
D.
If a landfill, no solid waste shall be deposited, either temporarily or permanently, within 1,000 feet of any dwelling, church, school or any other building used for human occupancy at any time or from time to time, or within 1,000 feet of any residentially zoned property. If an incinerator, resource recovery or other such facility, no storage or disposal structure shall be located within 1,000 feet of such structures or within 1,000 feet of any residentially zoned property.
E.
If a landfill, no solid waste shall be deposited, either temporarily or permanently, within 1,000 feet of any river, stream, creek or tributary thereof or within 1,000 feet of any wetland meeting the definitions of Pennsylvania DEP, the U.S. Army Corps of Engineers, the U.S. Soil Conservation Service or the U.S. Fish and Wildlife Service.
F.
Direct access to the sites shall be available from a highway having a functional classification of major arterial or greater capacity as set forth in the Springettsbury Township Roadway Classification Maps, as amended from time to time.
G.
If a landfill, during such time as any excavation shall be open and used for the disposal of solid waste, the site of the excavation shall be enclosed with a chain link fence or other structure adequate to contain windblown litter and to secure the site against intrusion by unauthorized personnel.
H.
If an incinerator, resource recovery or other such facility, all storage of solid waste awaiting disposal shall be within a fully enclosed building and no outside storage shall be permitted at any time.
I.
The development plan for the site shall address and comply with all requirements of the Springettsbury Township Subdivision and Land Development Ordinance (Chapter 289) to the extent that the same shall not conflict or be inconsistent with or have been preempted by the Solid Waste Management Act and the regulations of the Department of Environmental Protection adopted pursuant thereto.
J.
No use and occupancy permit shall be issued for a solid waste disposal facility until the operator shall have submitted to the Zoning Officer proof that the facility complies with the regulations of the Department of Environmental Protection and has been permitted, in writing, by said agency
§ 325-185 Subdivision of shopping centers, plazas and malls.
Condominium-type development and subdivision shall be permitted for shopping centers, malls and shopping plazas by special exception in the M-U District per subdivision and land development procedures (Chapter 289), subject to the following:
A.
Development and/or conversion approval shall follow the procedures and requirements of this article and also the Subdivision and Land Development Ordinance (Chapter 289). The approved documents and plans shall be recorded with the York County Recorder of Deeds.
B.
All public streets shall be constructed to Township specifications. Adequate access for each parcel, including a minimum right-of-way of 25 feet in width which may be jointly used, shall be provided. Driveway widths and locations identified by concrete curbing and entrance signs and lights, as recommended by the Township Engineer, shall be provided.
C.
A copy of the maintenance agreement for all jointly owned facilities shall be submitted to the Township for review. This agreement shall clearly state the maintenance responsibilities of the parties for all jointly owned property. Specific mention shall be given to the Township-required improvements, including parking lots, driveways, curbs, sidewalks, stormwater facilities, lawns and landscaped areas.
D.
No minimum area shall be required for each parcel, except the total area of all parcels combined shall not be less than three acres. The combined public street frontage for all parcels shall not be less than 100 feet in width.
E.
No additional business signs shall be permitted as a result of this subdivision and the group of stores shall remain as one unit per allowable signs of shopping center.
§ 325-185.1 Research and Testing Laboratory as an Accessory Use.
[Added 1-10-2019 by Ord. No. 2019-01]
A research and testing laboratory may be conducted as an accessory use to a principal general office or professional office use under this section, as designated in this section, subject to compliance with the following requirements:
A.
The lot or parcel on which the principal use and accessory use are conducted shall not be less than three acres.
C.
The research and testing laboratory accessory use shall be conducted on the same lot or parcel as the principal use.
D.
The accessory use shall not cause to be disposed of in the Township's sanitary sewer system any toxic or hazardous substances.
E.
No products or materials on the property for purposes of testing shall be stored outside.
F.
The accessory use shall comply in all respects with the requirements of Article XXVIII of the Zoning Ordinance, pertaining to performance standards.
H.
The use or storage of a hazardous substance, as defined in this section, is permitted only in the General Industrial Zoning District.