Unity Township City Zoning Code
ARTICLE VII
Express Standards for Certain Conditional, Special Exception and Permitted Uses
§ 118-23 Used required to conform.
[Amended 5-14-2015 by Ord. No. O-2-2015; 5-11-2017 by Ord. No. O-5-2017; 3-12-2020 by Ord. No. O-5-2020; 6-8-2023 by Ord. No. O-3-2023; 7-13-2023 by Ord. No. O-5-2023; 3-31-2025 by Ord. No. O-1-2025]
A.
In addition to the requirements prescribed in this chapter, the following uses listed in this article shall be required to conform with the requirements set forth hereafter regardless of whether they are listed and constructed as a permitted use, special exception use or conditional use in any zoning district.
(1)
Adult-oriented businesses (sexually oriented business).
(a) ADULT ARCADE ADULT BOOKSTORE or ADULT VIDEO STORE ADULT CABARET[1] [2] [3] ADULT ENTERTAINMENT[1] [2] [3] ADULT MOTEL[1] [2] ADULT MOTION-PICTURE THEATER ADULT THEATER CHILD-ORIENTED BUSINESS EMPLOYEE ESCORT ESCORT AGENCY ESTABLISHMENT or ESTABLISH[1] [2] [3] [4] KNOWING or KNOWINGLY[1] [2] MUNICIPALITY NUDE MODEL STUDIO[1] [2] [3] NUDITY or STATE OF NUDITY PERMITTEE PERSON SEMINUDE SEXUAL ENCOUNTER CENTER SEXUALLY ORIENTED BUSINESS (ADULT-ORIENTED BUSINESS) SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS SWINGER'S CLUB TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS[1] [2] [3] VIEWING BOOTHS[1] [2] [3]
Definitions. As used in this article, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled stiff- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. All adult arcades must be constructed in accordance with the diagram attached in the Addendum to this chapter.
A commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an "adult bookstore" or "adult video store." Such other business purposes will not serve to exempt such commercial establishment from being categorized as an "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
Persons who appear in the state of nudity; or
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, digital imaging, photographic reproductions or any and all visual media using the most recent technology which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
An exhibition of any adult-oriented motion pictures which are distinguished and characterized by an emphasis of matter depicting, describing or relating to specified sexual activities or sexual anatomical areas; or
A live performance, display or dance of any type which has a significant or substantial portion of the performance or any actual or simulated performance of specified sexual activities or exhibition in viewing of specified anatomical areas or persons in a state of nudity or seminudity; or
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, digital imaging, photographic reproductions or any visual media using current technology which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar day during five or more calendar days in any continuous thirty-day period.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
A commercial establishment which, as one of its principal business purposes, serves and/or sells children and their families food, apparels, goods, services, play and/or entertainment.
A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent, lessee, lessee of a dance floor or space or otherwise, and whether or not said person is paid a salary, wage or compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment located thereon or for the delivery of goods to the premises.
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business as a new business.
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
The addition of any sexually oriented business or sexually oriented use to any other existing sexually oriented business or use.
The relocation of any sexually oriented business.
Having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
The character and content of any material or performance described herein which is reasonably susceptible of examination by a permittee or persons.
The age of a minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the permittee or person made a reasonable, bona fide attempt to ascertain the true age of such minor.
The Township of Unity, Westmoreland County, Pennsylvania.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the Commonwealth of Pennsylvania as a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure under the following conditions:
There is no sign visible from the exterior of the structure and no other such advertising which indicates that a nude or seminude person is available for viewing; and
Where, in order to participate in a class, a student must enroll at least three days in advance thereof; and
Where no more than one nude or seminude model is on the premises at any one time.
The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.
A person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual or individuals listed as the applicants on any permit application.
An individual, proprietorship, partnership, corporation, association or other legal entity.
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
A business or commercial enterprise, that, as one of its primary business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, swinger's club or sexual encounter center.
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor area occupied by the business by more than 25%, as the floor area exists on the date of enactment of this article.
A social club, organization or meeting place where nonresident male and female persons, and/or persons of the same sex, engage in nude or seminude activities on the premises.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law, upon the death of the person possessing the ownership or control.
Booths, stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing:
Films, movies, videos or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas; or
Persons who appear in a state of nudity or seminudity or who offer performances or presentations characterized by the exposure of specified anatomical areas or by specified sexual activities.
Anatomical areas or by specified sexual activities.
(b)
Classification. Sexually oriented businesses are classified as follows:
(c)
Permit required; application.
[1]
Any person who operates a sexually oriented business without a valid permit issued by the Township is guilty of a violation of this chapter.
[2]
An application for a permit to operate a sexually oriented business must be made on a form provided by the Code Enforcement Officer. Plans approved by the Pennsylvania Department of Labor and Industry depicting the floor plan and plot plan configuration of the premises, including a statement of total floor space to be occupied by the business, must accompany the application. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
[3]
The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Code Enforcement Officer.
[4]
If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for a permit as applicant.
[5]
The fact that a person possesses other types of permits issued by the municipality shall not exempt the person from the requirement of obtaining a sexually oriented business permit under the provisions hereof.
(d)
Issuance of permit.
[1]
The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he/she finds one or more of the following to be true:
[a]
An applicant is under 18 years of age.
[b]
An applicant or an applicant's spouse is overdue in his payment to the municipality of taxes, fees, fines or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.
[c]
An applicant has failed to provide all information required for issuance of the permit or has falsely answered a question or request for information on the application form.
[d]
An applicant is residing with a person who has been denied a permit by the municipality to operate a sexually oriented business within the preceding 12 months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.
[e]
The premises to be used for the sexually oriented business have been reviewed and has been disapproved by the Zoning Officer as not being in compliance with applicable laws and ordinances.
[f]
The permit fee required by this article has not been paid.
[g]
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
[h]
An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant or any of the officers and directors of a corporate applicant, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person in charge of the operation of the applicant's business has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including but not limited to prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this subsection, the person or person's conviction or release in connection with the sexual misconduct offense must have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.
[2]
The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
[3]
The Zoning Officer shall complete his certification that the premises are or are not in compliance within 20 days of receipt of the application by the Zoning Officer.
(e)
Fees. The annual fee for a sexually oriented business permit is $500.
(f)
Inspection.
[1]
An applicant, or permittee, shall permit an administrative inspection of the premises by the Zoning Officer at any time that the permitted business operation is open for business in order to ensure continued compliance with the law.
[2]
Any person who operates a sexually oriented business or his agent or employee violates the Unity Township Zoning Ordinance if such person refuses to permit a lawful inspection of the premises as set forth above.
(g)
Expiration of permit.
[1]
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal should be made at least 60 days before the expiration date and, when made fewer than 60 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
[2]
If the Zoning Officer denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the Zoning Officer finds that the basis for denial of the renewal permit has been corrected or abated.
(h)
Suspension of permit. The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he/she determines that a permittee or an employee of a permittee has:
(i)
Revocation of permit.
[1]
The Zoning Officer shall revoke a permit if a cause for suspension set forth in this chapter occurs and the permit has been suspended within the preceding 12 months.
[2]
The Zoning Officer shall revoke a permit if he/she determines that:
[a]
A permittee or any of the persons specified in this chapter is or has been convicted of the offenses specified in this chapter.
[b]
A permittee gave false or misleading information in the material submitted to the municipality during the application process.
[c]
A permittee or an employee of a permittee has knowingly allowed possession, use or sale of controlled substances on the premises.
[d]
A permittee or an employee of a permittee has knowingly allowed prostitution on the premises.
[e]
A permittee or an employee of a permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.
[f]
A permittee or an employee of a permittee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other explicit sexual conduct to occur in or on the permitted premises.
[g]
A permittee is delinquent in payment to the municipality or the Commonwealth of Pennsylvania of any taxes or fees relating to sexually oriented businesses.
[3]
When the Zoning Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective, except that if the revocation is pursuant to Subsection A(1)(i)[2][a] above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.
[4]
All permit denial, renewal, suspension or revocation decisions shall be sent in writing to the applicant and/or permittee. All such decisions which deny, refuse to renew, suspend or revoke a permit shall state specifically the ordinance requirement not met and any other basis for the decision. After denial of an application, or denial of a renewal of an application, or after suspension or revocation of any permit, the applicant or permittee may appeal pursuant to procedures set forth in this chapter from a determination of the Zoning Officer. Any such appeal must be filed, in writing, with the Zoning Officer, within 10 days from the date of the mailing of the decision appealed from and shall specify, in detail, the basis for the appeal. Failure or refusal to file said appeal or specify the basis of said appeal with the Zoning Officer shall be deemed a conclusive determination as to the issues or matters addressed by the written decision. If an appeal is timely filed, the Zoning Hearing Board of Unity Township will then convene and conduct a hearing pursuant to the provisions of the Unity Township Zoning Ordinance and shall render a written decision within the time frame set forth therein. In the case of a denial or renewal, or in the case of a permit suspension or revocation, the permittee may continue to operate to the same extent as immediately prior to the suspension or revocation until the earlier of:
[5]
Any person aggrieved by a decision of the Zoning Hearing Board of Unity Township may appeal to a court of competent jurisdiction pursuant to the provisions of Article X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11001-A et seq. Unity Township shall, upon filing of such appeal, consent to any request by a permit applicant or permittee to the court to give expedited review of such appeal. Unity Township shall certify any record to the court within 20 days after the appeal is filed. In the case of a denial of a permit renewal, or in the case of a permit suspension or revocation, the permittee may continue to operate to the same extent as immediately prior to the denial, suspension or revocation until the earlier of:
(j)
Transfer of permit. A permittee shall not transfer his permit to another person. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application.
(k)
Location of sexually oriented businesses and violations.
[1]
A person is guilty of a violation of this chapter if he/she operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is permitted as a conditional use. No sexually oriented businesses shall be located outside a district in which a sexually oriented business is a permitted use. Hours of operation shall be from 8:00 a.m. to 10:00 p.m., Mondays through Saturdays, and no such operation shall be permitted on Sundays or legal holidays.
[2]
A person is guilty of a violation of this chapter if he/she operates or causes to be operated a sexually oriented business within 1,500 feet of:
[a]
A church, including, without limitation, any property owned or utilized for purposes of a convent, monastery, religious cemetery, religious retreat or any other property utilized for religious functions or uses.
[b]
A public or private pre-elementary, elementary or secondary school.
[c]
A public library.
[d]
A public or private child-care facility or nursery school.
[e]
A public park adjacent to any residential district.
[f]
A child-oriented business.
[g]
A college and/or public or private university.
[h]
Any property situate in Unity Township, Westmoreland County, Pennsylvania, which is zoned or used for residential purposes.
[3]
A person is guilty of a violation of this chapter if he/she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,500 feet of another sexually oriented business.
[4]
A person is guilty of a violation of this chapter if he/she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or undertakes a substantial enlargement of a sexually oriented business as the same is defined herein.
[5]
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of any use or premises identified in Subsection A(1)(k)[2] hereof.
[6]
For purposes of Subsection A(1)(k)[3] above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
[7]
Any sexually oriented business lawfully operating on the date of enactment of this article that is in violation of Subsection A(1)(k)[1] through [6] hereof shall be deemed a nonconforming use. In the event that two or more sexually oriented businesses are located within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location shall be considered the conforming use and the later- established business shall be considered a nonconforming use. In the event that any preexisting nonconforming sexually oriented business shall be abandoned or not utilized as a sexually oriented business for a period of at least 12 months, said business shall lose its preexisting nonconforming status and must thereafter comply with all provisions of this article to reopen.
[8]
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of any premises or use identified in Subsection A(1)(k)[2] hereof within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(l)
Injunction. A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this article is subject to an action in equity or a suit for injunction as well as citations for violations of this chapter.
(2)
Apartments. The provisions contained herein apply to the development of all multifamily residential developments, whether allowed as a permitted, special exception or conditional use.
(a)
General requirements:
[1]
The use must comply with those area and bulk regulations for multifamily dwellings for the zoning district in which it is located.
[2]
Habitable space shall not be less than 640 square feet per dwelling unit.
[3]
Apartment buildings shall be limited to a maximum of 32 units per building
[4]
All buildings shall be oriented to face the street and meet the minimum front yard setbacks for the district.
[5]
The use of alleys or rear access drives is required for apartment dwellings. In no instance shall off-street parking areas be the focal point for design. Off-street parking areas shall be located to the side or rear of buildings.
(b)
Open space and recreation area requirements for apartments on lots over five acres in size.
[1]
Intent. To create areas of common open space that are easily accessed by residents which provide focal points for community recreation and interaction, preserves identified environmental features and add to the quality of life for residents. Common open space should be purposefully integrated into the overall design of a multifamily development to enhance the environmental and recreational effect of the apartment units and not merely be residual areas left over after buildings and parking lots are located.
[2]
A minimum of 25% of the total tract areas shall be required to be preserved as open space on the site. The required open space shall not include any primary conservation areas identified on site, including wetlands, One-hundred-year floodplains, and steep slopes of 25% or greater.
[3]
A minimum of 10% of the tract or 400 square feet per dwelling unit, whichever is greater shall be set-aside as common usable open space in the form of a park for the enjoyment of the residents of the development. The usable open space shall be centrally located and accessible to all residents, be constructed on generally flat land and located on otherwise easily buildable land (net buildable land).
[4]
Acceptable forms of usable open spaces include improvements for a courtyard or plaza, with benches, shade trees, pedestrian connections, recreational ponds, an open grass area, and may also incorporate a play area for children depending on the anticipated resident group.
[5]
The usable open space area may be calculated as part of the minimum 25% required open space to be preserved on the site.
[6]
The following areas shall not be allowed as part of the calculation of common open space:
[a]
Private yards, lots, decks, patios dedicated for use by a specific unit.
[b]
Public right-of-way, private streets or drives and off-street parking areas.
[c]
Land covered by a structure, except those allowed as part of the usable open space, such as gazebos, picnic shelters, tennis courts or swimming pools.
[d]
Required perimeter setbacks.
[e]
Retention and detention ponds used for stormwater management.
[7]
Pedestrian access to common open space shall occur within 500 feet of every building unit within the development.
(c)
Building design standards:
[1]
The establishment of building design standards for apartments located within Unity Township is intended to benefit the community as a whole by attempting to achieve the following goals:
[a]
To preserve, protect and promote the public health, safety and welfare.
[b]
To protect the Township from unregulated construction of inferior and unsuitable buildings that are more prone to damage caused by fire and high winds from tornados or hurricanes that can result in physical injury to residents of those buildings.
[c]
To minimize the spreading of a hazard within multifamily structures by utilizing superior materials and design.
[d]
To preserve, enhance, and balance the environmental, social, cultural and aesthetic values desirable in a rural-suburban community while promoting the development of a variety of high-quality housing choices consistent with the objectives of the adopted Comprehensive Plan.
[e]
To provide protections from negative impacts of highly concentrated developments in order to protect property values of adjoining and predominant lower density residential properties.
[f]
To promote development that is compatible with surrounding sites and preserves the sense of community.
[g]
To plan for harmonious neighborhoods through higher standards of design that results in increasing property values within these neighborhoods and requires buildings that are less prone to deterioration.
[h]
To increase the overall economic tax base of the Township by attracting quality development.
[2]
In addition to the above stated purposes, these building design standards are intended to create and add to the visual interest of Unity Township's streets; to ensure quality and consistency in building, architectural character and style; to ensure compatibility with adjacent development, as applicable; to avoid featureless building massing; to provide building design details to reduce the visual scale of large multifamily buildings; to achieve unity of design through the use of similar materials; to ensure use of building materials that are durable and attractive; and to ensure accessory structures are compatible in design with the primary buildings they serve.
[3]
All building plans for apartments in all zoning districts shall be prepared and sealed by an architect and shall meet all provisions of this section.
(d)
Building length/height/massing/form.
[1]
Intent. These standards are intended to achieve the following purposes:
[a]
To provide a distinctive, quality, consistent, architectural character and style in new multifamily development that avoids monotonous and featureless building massing and design.
[b]
To ensure building design and architectural compatibility within a multifamily development.
[c]
As applicable, to ensure that new building design respects the context of adjacent residential neighborhoods, including the height, scale, mass, form, and character of surrounding development.
[2]
Building length. The maximum length of a multifamily residential building shall be 200 feet.
[3]
Building mass and form.
[a]
Apartment building design should incorporate visually heavier and more massive elements at the building base, and lighter elements above the base. A second story, for example, should not appear heavier or demonstrate greater mass than that portion of the building supporting it.
[b]
The following common building materials are listed in order from heaviest to lightest: stone, brick, wood, and stucco.
[c]
In instances where the same building material is used in differing colors, darker hues will be considered heavier than lighter hues.
[d]
All buildings shall be designed to provide complex massing configurations with a variety of different wall planes and roof planes. Plain, monolithic structures with long, monotonous, unbroken wall and roof surfaces of 50 feet or more are prohibited. At least every 50 linear feet, wall and roof planes shall contain offsets or setbacks with a differential in horizontal plane of at least four feet. (See Figure 1)
Figure 1 - Examples of Varied Roof Planes and Wall Surfaces  |
(3)
Assisted living or personal care facilities.
(a)
A minimum lot size of two acres shall be required.
(b)
The maximum percentage of the lot covered by buildings shall not exceed 20%.
(c)
The maximum impervious surface ratio shall be 50%.
(d)
The assisted care nursing facility shall meet all licensing requirements of the Commonwealth of Pennsylvania.
(4)
Automobile sales. Automobile sales shall be subject to the following standards:
(a)
Minimum required lot size: five acres.
(b)
Automobile sales uses shall provide a building having a minimum gross floor area of 10,000 square feet for display, sales and service activities.
(c)
All exterior sales areas shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust.
(d)
All displayed vehicles shall be located at least 10 feet from any side or rear property line. Displayed vehicles shall not be located within 35 feet of the edge of any travelled roadway or within any grassy area required along a public road.
(e)
No automobile sales use shall employ flashing lights, streamers, banners, inflatable or mechanical products or similar devices in any of its displays, signage or on any building.
(f)
Display vehicles shall not be parked in spaces required for customers, employees or service parking.
(g)
Automobile sales uses shall not employ outdoor loudspeaker paging systems.
(h)
All repairs and service shall be conducted in an enclosed building.
(i)
Verification of compliance with all Pennsylvania Department of Environmental Protection (DEP) requirements relative to the handling and disposal of oil, battery acid, tires, etc., shall be provided.
(j)
External lighting shall be reduced in intensity by 50% at the close of each business day.
(5)
Bed-and-breakfasts and short-term rentals. All bed-and-breakfasts and short-term rentals shall comply with the following requirements:
(a)
The bed-and-breakfast must be conducted within a single-family residential dwelling by an owner of the property who resides on the premises. A short-term rental need not be occupied by the owner of the property where the entire property, and all dwelling units therein, are subject to a single common lease for all occupants. No modification to the external appearances of the building (except those required under the Pennsylvania Uniform Construction Code, 34 Pa. Code, Chapters 401 through 405) which would alter its residential character shall be permitted.
(b)
Accommodations for overnight lodging at a bed-and-breakfast and a short-term rental shall be limited to no more than three guest rooms. The guest rooms shall be rented to overnight guests on a daily basis.
(c)
Accommodations at a bed-and-breakfast shall include breakfast or brunch prepared on the premises solely for its overnight guests with the charge for same being included in the cost of the room. Accommodations for a short-term rental may, but are not required to, provide breakfast or brunch prepared on the premises solely for its overnight guests with the charge for same being included in the cost of the room.
(d)
Outdoor areas such as decks, verandas, porches, lakes and other accessory structures may be used in conjunction with the bed-and-breakfast and short-term rentals, provided the use of same is limited to overnight guests during the course of their stay.
(e)
No cooking facilities shall be provided or permitted in individual guest's rooms.
(f)
Bed-and-breakfasts and short-term rentals must generally conform to the bulk and area regulations of the zoning district in which they are located and comply with the minimum area requirements set forth hereafter.
(g)
Bed-and-breakfasts and short-term rentals shall comply with the rules and regulations of the Pennsylvania Uniform Construction Code and shall provide and retain proof of certification of occupancy from the Department and all other applicable building, safety, and fire codes of the federal, state, or local government at all times such use is in effect.
(h)
The property on which the bed-and-breakfast or short-term rental is located must have an area of not less than 80,000 square feet.
(i)
Each bed-and-breakfast and short-term rental shall provide a minimum of one off-street parking space for each guest/rental room and two off-street parking spaces for the owners of the property.
(j)
In addition to any approval required under this chapter or any other applicable ordinance, all bed-and-breakfasts and short-term rentals must obtain land development (site) plan approval from the Board of Supervisors and comply with the terms and provisions of Chapter 104, Subdivision and Land Development, of this Code.
(6)
Bed-and-breakfasts with reception facilities. Bed-and-breakfasts with reception facilities shall comply with all of the following requirements:
(a)
The bed-and-breakfast and the reception facilities shall not be conducted on less than 10 acres of land;
(b)
The reception facilities must be conducted by the owner of the bed-and-breakfast as an accessory use to the bed-and-breakfast and the reception facilities are used or rented by a person or persons staying in the bed-and-breakfast at the time the reception facilities are being used or rented.
(c)
The uses associated with the bed-and-breakfast and reception facilities must be conducted within a permanent, enclosed building or structure, except that additional activities accessory and ancillary to the use of the conversion may be conducted in a tent or other temporary facility so long as:
(d)
The applicant must dedicate an area of not less than 80,000 square feet of the property for use as part of the reception facilities. Such 80,000 square feet shall include areas used for off-street parking.
(e)
All off-street parking or other areas dedicated to the reception facility must be set back so they are not closer than 100 feet to any existing lot line.
(f)
Receptions held on the property shall only be conducted between the hours of 10:00 a.m. and 11:00 p.m.;
(g)
A 50-foot buffer area must be installed along any perimeter of the designated reception facility area which abuts a residentially occupied structure. Such buffer may be installed within the 100-foot setback referenced above;
(h)
The applicant must obtain land development plan approval from the Board of Supervisors and comply with the terms and provisions of Chapter 104, Subdivision and Land Development, including, but not limited to, the approval of the area designated for the reception facilities, off-street parking and on-site vehicular circulation patterns; lighting plans and both event and daily traffic control plans.
(i)
The applicant must comply with all existing laws of the Commonwealth of Pennsylvania regulating the use and operation of the reception facilities including, but not limited to, the Pennsylvania Uniform Construction Code and the Pennsylvania Liquor Code. The applicant shall provide and retain proof of certification of occupancy from the appropriate regulatory agencies and all other applicable building, safety, and fire codes of the federal, state, or local government at all times such use is in effect.
(j)
No new reception facility shall be designed or constructed with sewage facilities to accommodate a capacity of more than 100 people at an event. However, in the event sewage facilities already existing on the property can accommodate a capacity in excess of 100 people, then the applicant may conduct reception activities on the site having an occupancy capacity equal to the capacity for which the existing sewage facilities are designed, or a maximum of 200 people, whichever is less.
(k)
Accommodations for overnight lodging at a bed-and-breakfast with reception facilities shall be limited to no more than seven guest rooms. The guest rooms may be rented to overnight guests on a daily or weekly basis.
(7)
Agricultural conversions. The conversion and/or use of existing buildings or structures which are accessory to the agricultural use of property for the events and/or commercial uses limited to:
(a)
Weddings;
(b)
Wedding receptions;
(c)
Private receptions and parties; and
(d)
Retail sales of produce, meat, poultry, vegetables, flowers, jams, jellies or other products grown or otherwise produced on the property, provided they comply with all of the following requirements:
[1]
The uses associated with agricultural conversions shall not be conducted on less than 10 acres of land.
[2]
The uses associated with the agricultural conversion must be conducted by the owner of the property, their lessees or agents.
[3]
The uses associated with the agricultural conversion must be conducted within a permanent, enclosed building or structure, except that additional activities accessory and ancillary to the use of the conversion may be conducted in a tent or other temporary facility so long as:
[a]
No "portable" restroom facilities are used and permanent restroom facilities sufficient to accommodate the proposed uses are provided and available in a permanent, enclosed building or structure on the property; and
[b]
The tent or other temporary facility is taken down and removed within 24 hours following the conclusion of the event or activity for which it was used.
[4]
The applicant must dedicate an area of not less than 80,000 square feet of the property for use as part of the agricultural conversion. Such 80,000 square feet shall include areas used for off-street parking and sanitary sewage facilities.
[5]
All off-street parking or other areas dedicated to the agricultural conversion must be set back so they are not closer than 100 feet to any existing lot line.
[6]
Any activity associated with the agricultural conversion on the property shall be conducted only between the hours of 10:00 a.m. and 11:00 p.m.
[7]
A 50-foot acoustically and visually insulating buffer area must be installed along any perimeter of the area designated for the agricultural conversion which abuts a residentially occupied structure. Such buffer may be installed within the 100-foot setback referenced above.
[8]
The applicant must obtain land development plan approval from the Board of Supervisors and comply with the terms and provisions of Chapter 104, Subdivision and Land Development, including, but not limited to, obtaining the approval of the area designated for the use of the agricultural conversion and the area used for off-street parking, on-site vehicular circulation patterns, lighting plans and both event and daily traffic control plans.
[9]
The applicant must comply with all existing laws of the Commonwealth of Pennsylvania regulating the use, event and/or the event or operations associated with the agricultural conversion, including, but not limited to, the Pennsylvania Uniform Construction Code and the Pennsylvania Liquor Code. The applicant shall provide and retain proof of certification of occupancy from the appropriate regulatory agencies and all other applicable building, safety, and fire codes of the federal, state, or local government at all times such use is in effect.
[10]
No agricultural conversion shall be designed or constructed with sewage facilities to accommodate a capacity of more than 100 people at an event. However, in the event sewage facilities already existing on the property can accommodate a capacity in excess of 100 people, then the applicant may conduct activities associated with the agricultural conversion on the site having an occupancy capacity equal to the capacity for which the existing sewage facilities are designed, or a maximum of 200 people, whichever is less.
[11]
No building or structure associated with an agricultural conversion shall be permitted to be used as a bed-and-breakfast, or to provide any other form of overnight residential occupancy for rent, lease, or otherwise, unless the owner, lessee, or agent of the owner, or a member of the owner's immediate family, occupies the structure in which such accommodations are provided as their principle residence. For purposes of this section the term "immediate family" shall mean the owner's spouse, parents or children.
(8)
Billboards and/or outdoor advertising signs. Billboards and/or outdoor advertising signs or devices shall comply with those standards and conditions as set forth hereinafter in Article IX of this chapter regulating "Signs."
(9)
Cemeteries. Cemeteries shall have:
(a)
A required minimum site area of 10 acres.
(b)
A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.
(c)
A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application
(d)
An enclosed maintenance building for the storage of all maintenance equipment and/or supplies. All maintenance equipment shall be properly stored in the enclosed building when not in use.
(e)
Burial sites which are required to comply with the setbacks required for principal structures in the Zoning District and burial structures shall not be located within 100 feet of any property line adjoining a residential use or Residential Zoning District.
(10)
Child-care centers. Child-care centers shall be at least 1,000 feet apart from each other, shall not be located on lots of less than the minimum area required for the zoning district and shall provide outdoor recreational facilities suitable to the age groups being served. Child-care centers shall not be located within 1,000 feet of any adult oriented business or liquor licensed establishment.
(11)
Commercial storage (warehousing).
(a)
No hazardous substances may be stored on the property.
(b)
All exterior storage areas shall be fenced with visually intrusive materials to obstruct the view of the exterior area, and the materials or equipment being stored thereupon, from adjoining properties.
(c)
Where the facility adjoins a property in residential use, in addition to the fence referenced above, a buffer area of natural plantings shall be maintained on the outside of the fence along the adjoining residential property's boundary line.
(d)
All lighting shall be directed to the interior of the premises to prevent glare onto adjoining properties.
(e)
The exterior of the property exposed to vehicular traffic, including equipment and/or machinery stored or used as part of the commercial storage operation, shall have a dust free surface.
(12)
Communications antennas.
(a)
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
(b)
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
(c)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(d)
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(e)
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.
(f)
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 Engineer.
(g)
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.
(h)
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(i)
Communications antennas shall not cause radio frequency interference other communications facilities located in the Township.
(j)
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(k)
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
(13)
Communications equipment buildings. A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(14)
Communications towers.
(a)
The applicant must provide proof it is licensed by the Federal Communications Commission to operate a communications tower and, if applicable, communications antennas.
(b)
The applicant must demonstrate that the proposed communications tower and any communications antennas proposed to be mounted thereon, comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(c)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(d)
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 radius of 1/4 mile of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
[1]
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.
[2]
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.
[3]
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.
[4]
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.
[5]
A commercially reasonable agreement could not be reached with the owners of such structures.
(e)
Access shall be provided to the communications tower and communications equipment building by means of a public street or an easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
(f)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
(g)
Recording of a plat of subdivision or land development shall not be required for a leased parcel on which a communications tower is proposed to be constructed, provided that the communications equipment building is unmanned.
(h)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(i)
In all zoning districts except M (Manufacturing), 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, if 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. In the M (Manufacturing) Zoning District, the maximum height of any communications tower shall be 180 feet.
(j)
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential district at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
(k)
The base of a communications tower shall be landscaped to screen the foundation and base and communications equipment building from abutting properties.
(l)
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
(m)
The applicant shall submit certification from a Pennsylvania registered professional engineer that the 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.
(n)
The applicant shall submit 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.
(o)
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.
(p)
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
(q)
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.
(r)
Communications towers shall be constructed and maintained in accordance with the requirements of the Pennsylvania Uniform Construction Code.
(s)
If a communications tower remains unused for a period of 12 consecutive months, it shall be considered abandoned and the owner or operator shall dismantle and remove the communications tower within 90 days of the expiration of such twelve-month period. Failure to remove an abandoned antenna or tower within 90 days shall be grounds to remove the antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(t)
One off-street parking space shall be provided within the fenced area.
(15)
Day-care centers having more than six nonresident children.
(a)
Proof of a valid license to operate child day-care facilities issued by the Pennsylvania Department of Public Welfare shall be provided to the Township prior to the issuance of an occupancy permit by the Township for the use.
(b)
All child day care facilities shall provide a minimum area for indoor play at a ratio of 40 square feet per child.
(c)
All child day care facilities shall provide outdoor play space at a minimum ratio of 65 square feet per child using the outdoor play facility. Long, linear configurations shall be avoided to assure the functionality of the space as a play area. At no point shall the play area be less than 20 feet in width.
[1]
The outdoor play area shall adjoin the building where the child day-care facility is located.
[2]
The outdoor play area shall be no closer than 30 feet to a private/public street right-of-way, or 10 feet to any other property lines.
[3]
The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Board of Supervisors or Zoning Hearing Board. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes, or access ways shall be protected by a barrier capable of preventing the vehicle from entering the play area.
[4]
Non-yielding surfaces, such as concrete, asphalt, gravel, etc., are prohibited beneath any piece of permanently installed play equipment. Certain rubber padding may be permissible over hard surfaces when approved by the Board of Supervisors. Nonyielding surfaces shall not exceed 1/4 of the required outdoor play space.
(d)
Safe vehicular access and off-street areas for the discharge and pick-up of children shall be provided in the following manner:
[1]
Minimum dimensions of discharge and pickup areas shall measure eight by 55 feet.
[2]
Discharge and pickup areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the discharge and pick-up without obstructing or interfering with the use of any public right-of-way, any parking space, or parking lot aisle.
[3]
No area allocated as a discharge and pickup area may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for discharge and pick-up areas. All off-street discharge and pick-up areas shall be separated from walkways, sidewalks, parking lot aisles, streets, and alleys by curbing or other protective devices as approved by the Township.
(16)
Drive-through facilities. All drive-through facilities shall have and comply with the following:
(a)
Minimum stacking space requirements.
[1]
All uses which include a drive-up window, or which are characterized by patrons remaining in their vehicles to receive service, shall provide on-site stacking areas to alleviate traffic congestion.
[2]
Stacking areas shall be a minimum of 12 feet in width and 20 feet in length for each vehicle required in Section A(16)(a)[4][d] below.
[3]
All stacking areas shall be separate from other vehicular and pedestrian circulation aisles and parking spaces. Stacking lanes shall be separated through the use of landscaped islands bounded by concrete curbing.
[4]
The number of stacking spaces required shall be determined in accordance with the following schedule:
[a]
Restaurant, fast food: a minimum of seven spaces as measured from the drive-through window.
[b]
Vehicular washes: a minimum of four spaces measured from, but not including, the bay.
[c]
Financial institutions: a minimum of four spaces for each one drive-through window, plus three spaces for each additional drive-through window or automated teller machines (ATM).
[d]
Other uses with drive-though windows or similar characteristics: for uses not provided herein, the Township shall determine the appropriate number of stacking spaces based on a use listed above that most closely approximates the proposed use, or through information provided by the developer or owner of the proposed use, or through consultation with other communities containing uses similar to the one proposed, or through a combination of these methods.
(b)
Drive-in facilities adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
(c)
Exterior microphone/speaker systems shall be arranged or screened to prevent objectionable noise impact on adjoining properties.
(d)
All automated teller machines shall be located so that the on-site movement of vehicles will not be hampered by those cars operated by persons using the automated teller machines.
(17)
Farms and agricultural uses.
(a)
Ancillary farming business. An ancillary farming business is permitted as an accessory to an agricultural use, provided that such ancillary business shall not be located on sites of less than 40 acres, and no operation shall be conducted closer than 200 feet to any adjoining property. No structure shall be erected, modified or used in connection with such ancillary farming business unless it is compatible with a structure customarily accepted as an accessory to the agricultural operation conducted on the site.
(b)
Ancillary dwellings. Ancillary dwellings shall be a permitted accessory use for the sole and exclusive purpose of housing relatives or farm employees, provided that the overall density shall not exceed one family dwelling unit per 10 acres.
(c)
Animal and machinery requirements.
[1]
Horses, ponies, cattle, goats, sheep and grazing animals shall not be kept, corralled or stabled in areas less than two acres in size. In addition, there shall not be more than one such animal per acre.
[2]
Fowl and pigs shall not be permitted on lots having an area less than two acres.
[3]
No vehicles or farm machinery shall be stored within 20 feet of any public right-of-way.
(d)
Accessory farm buildings.
[1]
Accessory farm buildings shall not be erected within 100 feet of a neighboring property.
[2]
Intensively used feed lots, runs or pens for more than 50 animals or 500 fowl shall not be located within 200 feet of a neighboring property. Pastures or crop lands shall not be considered as feed lots for purposes of this provision.
[3]
No structure, run or pen intended for use as a shelter for other than common domestic pets shall be permitted as an accessory use within any residential district except where an agricultural use exists, in which case the provisions of this chapter limiting the size and number of dogs serviced by a kennel in Residential Districts shall apply.
[4]
No stable or other outbuilding in which animals other than common domestic pets are kept, or any structure or other outside area where manure is stored, shall be located within 100 feet of any property line or within 125 feet of any occupied dwelling.
(e)
Roadside stands. Roadside stands for the sale of agricultural products shall be permitted if:
[1]
They are erected at least 75 feet back from the nearest edge of the roadway surface.
[2]
They are used exclusively for the sale of agricultural products grown in the Township.
[3]
A current peddler's license is clearly displayed on the premises.
[4]
Parking space is provided off the road right-of-way.
[5]
No permanent sign is erected.
[6]
For purposes of this section, wagons, trailers or other similar vehicles used for the transportation and sale of agricultural products shall not be placed in any location that, in the judgment of the Code Enforcement Officer, provides insufficient access or is inadequate for the conduct of the use.
(f)
Agricultural buildings.
[1]
Agricultural buildings shall not be erected within 100 feet of a neighboring property;
[2]
Intensively used feed lots, runs or pens for more than 50 animals or 500 fowl shall not be located within 200 feet of a neighboring property. Pastures or crop lands shall not be considered as feed lots for purposes of this provision;
[3]
No structure, run or pen intended for use as a shelter for other than common domestic pets shall be permitted as an accessory use within any residential district except where an agricultural use exists, in which case the provisions of this chapter limiting the size and number of dogs serviced by a kennel in residential districts shall apply;
[4]
No stable or other outbuilding in which animals other than common domestic pets are kept, or any structure or other outside area where manure is stored, shall be located within 100 feet of any property line or within 125 feet of any occupied dwelling;
[5]
If an agricultural structure is used for the housing of farm animals of any kind, the lot size upon which the agricultural structure is located must comply with the minimum lot size required for the number and type of animals housed;
[6]
When constructed in a C Conservation or A Agricultural Zoning District, agricultural structures shall comply with the following area and bulk requirements:
Lot Size (acres) | Maximum Permitted Structure Size |
|---|---|
0 to 5 | 2,000 square feet |
Greater than 5 but less than 10 | 3,000 square feet |
Greater than 10 but less than 50 | 5,000 square feet |
Greater than 50 | 10,000 square feet |
[7]
When constructed in an R-1 Rural Residential District, agricultural structures shall comply with the following area and bulk requirements:
Lot Size (acres) | Maximum Permitted Structure Size |
|---|---|
Less than 2 | Not permitted as a primary use |
Greater than 2 but less than 5 | 1,400 square feet |
Greater than 5 but less than 10 | 2,000 square feet |
Greater than 10 but less than 50 | 5,000 square feet |
Greater than 50 | 10,000 square feet |
[8]
Only one agricultural structure may be constructed on any property. The number of agricultural structures authorized on any property referenced herein, as well as the structure sizes set forth in Subsection A(17)(f) and (g) above may be modified by variance approved by the Unity Township Zoning Hearing Board.
(18)
Funeral homes and mortuaries. All funeral homes and mortuaries shall have a minimum lot area of not less than 40,000 square feet. The site of any funeral home or mortuary shall have frontage on and direct vehicular access to an arterial or collector street.
(19)
Gas stations. Gas stations shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet to any property line. In the event any statute, rule or regulation of the Commonwealth of Pennsylvania establishes a greater distance or additional requirements for the storage of flammable or hazardous materials, the distance established by such statute, rule or regulation shall apply.
(20)
Group homes. As part of the special exception application process, the applicant to conduct a group home must:
(a)
Show that the home will be conducted on a lot that meets the minimum lot size requirements for the zoning district in which they are operating;
(c)
Provide information regarding the anticipated lengths of stay of each proposed occupant;
(d)
Provide copies of all licenses and/or permits required under any federal or state statute, law or other regulation to operate the group home on the property;
(e)
Provide the Township with a history of police calls associated with any other group home facility owned or operated by the applicant for a two-year period preceding the date of the application;
(f)
Agree to provide the Township with information concerning events on the property which result in police or emergency services involvement or which could result in the generation of a report of disruptive conduct under the Township's Regulated Rental Unit Ordinance;[4]
(g)
Agree, on an ongoing basis, to provide information sufficient to determine whether any new occupants of the home suffer from "a mental or physical impairment which substantially limits one or more of such person's major life activities" under the Fair Housing Act, prior to such new occupant taking up occupancy;
(h)
The group home must: (1) not substantially impair the value of other property in the neighborhood; (2) be capable of operating and being maintained in the character of a residential dwelling in harmony with the character of the general vicinity in which it is to be located; (3) be compatible in its nature and intensity, with the character of the zoning district and neighborhood; and (4) not be injurious to the health, safety and welfare of the surrounding community or the public interest;
(i)
Be occupied by not more than four occupants; and
(j)
Be registered as a regulated rental unit under the Township's Regulated Rental Unit Ordinance and comply with the terms of the ordinance.
(21)
Halfway house.
(a)
Each halfway house must be licensed, certified and/or sanctioned by the appropriate government agency(ies) it serves and shall be operated in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license, certification and/or evidence of sanctioning must be delivered to the Township along with the application for a permit hereunder.
(b)
A half-way house shall be directly affiliated with a parent institution or organization which shall provide full-time supervision, services and administration for the residents of the house.
(c)
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
(d)
The users of the halfway house must reside on the premises and directly benefit from the services provided. No person residing off the premises shall be permitted to receive services on the premises.
(e)
Necessary permits for water supply and sanitary waste disposal must be obtained.
(f)
The halfway house shall not be located within 1,000 feet of any the following uses:
(g)
No halfway house shall be located with 1,000 feet of another halfway house.
(h)
Each application to conduct a halfway house shall be accompanied by a statement describing the following:
[1]
The character of the half-way house;
[2]
The policies and goals of the half-way house, and the means proposed to accomplish those goals;
[3]
The characteristics of the residents and number of residents to be served;
[4]
The operating methods and procedures to be used; and
[5]
Any other facts relevant to the proposed operation of the half-way house.
(i)
Any use permit granted for the half-way house shall be bound and limited to the type and number of offenders listed on the application. Any increase in the number of offenders or change in the nature and/or extent of the programs provided, shall be subject to prior approval by the Township following those procedures set forth herein for the approval of original applications.
(22)
Home occupations.
(a) HOME OCCUPATION[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17]
Definition. As used in this section, the following terms shall have the meanings indicated:
The specific service-oriented occupations of an architect, engineer, clergyman, lawyer, accountant, artist, musician, writer, teacher giving instruction or tutoring, day care of not more than six nonresident children, dressmaking or tailor, milliner, seamstress, barber, beautician, computer programmer, data processor, locksmith, jeweler, photographer, word processor, secretary, and the kitchen of a home catering or baking business, provided no commercial ovens, stoves, refrigerators or other commercial equipment or other cooking apparatus is installed for the conduct of the business. This listing is exclusive and no analogous uses will be permitted. The following are specifically determined not to be occupations included within this definition of "home occupation:"
Automotive repair or paint shop.
Physician, dentist, chiropractor or similar health care office.
Medical or dental laboratory.
Dance studio, exercise studio or similar use.
Day-care center for the care of more than six nonresident children.
Funeral chapel or funeral home.
Gift shop.
Limousine, hearse, ambulance or taxi service.
Massage parlor.
Nursing home.
Outdoor repair or service.
Rental of any equipment or other items.
Veterinarian facility or commercial raising and care of animals.
Sale or repair of firearms (except in the C Conservation and A Agricultural Zones as set forth hereafter).
Sale or repair of machinery or equipment.
Dog grooming (except in the C Conservation and A Agricultural Zones as set forth hereafter).
Any business or occupation which is primarily a retail or wholesale activity.
(b)
General standards. A home occupation conducted by a resident on the property shall be permitted by special exception, subject to approval by the Zoning Hearing Board in the C Conservation, A Agricultural, R-1 Suburban Residential R-2 Neighborhood and R-3 Village Residential Zones, provided that each of the following conditions are met. Home occupations as defined herein may also be permitted in the VC Village Commercial Overlay by the Zoning Officer, provided each of the following conditions are met:
[1]
The home occupation is clearly subordinate to the dwelling, is located on one floor only, and does not occupy more than 25% of the floor area on any floor in which it is located, but in no case shall the floor area devoted to the home occupation exceed 260 square feet in measure. The home occupation shall be conducted entirely within the principal residence on the property.
[2]
The home occupation shall not include or require any external alteration of the structure.
[3]
No display or sign, other than a single nameplate firmly affixed to the building with dimensions not exceeding six inches by 24 inches, shall be permitted. No external evidence of any activity, including but not limited to a motor vehicle which contains a notice of the activity, shall be permitted.
[4]
To the extent that the home occupation is subject to state or other licensure which requires a sign or notification of a size greater than that permitted herein, the minimum-required sign shall be permitted. Documentation on the sign shall be permitted. Documentation on the sign requirements must be specified in the application for special exception relief.
[5]
No facilities, equipment or materials which are dangerous or incompatible with the residential environment on the property shall be used.
[6]
The home occupation shall not involve the storage of supplies, equipment, raw material or residue material outside of the structure or in any shed or outbuilding on the property.
[7]
The home occupation shall be operated solely by an individual having his or her primary residence at the property in question and no employees, assistants or partners shall be used at any time in the pursuit of the home occupation.
[8]
The home occupation operation shall not cause or permit vehicles to be parked on any public street or thoroughfare as a direct or indirect result of the business activity. Owners of a home occupation must demonstrate that ample off-street parking is available to simultaneously accommodate the parking needs of customers of the home business, visitors to the residence, the occupants of the residence and other local residents.
[9]
The home occupation shall not emit smoke, fumes, odors, dust, noise, vibration, glaring light, visual blight or pollution of any kind.
[10]
No retail or wholesale goods shall be sold or stored on the premises as a result of the home occupation activity other than those goods commonly used in the home occupation activity and which are clearly incidental thereto. Persons engaged in home catering and baking businesses shall be permitted to arrange for customer pickups of pre-ordered items, but shall not be permitted to engage in the sale of pre-made items on a wholesale or retail basis within the premises.
[11]
The home occupation hours of operation shall be limited to 8:00 a.m. until 8:00 p.m., Monday through Saturday. No operations shall be permitted on Sundays.
[12]
The home occupation shall occur only in an area of the residence clearly defined by architectural features such as walls, partitions, doors, etc., which are permanently affixed to the structure. All activities involving the home occupation shall be confined to this defined area by means of a detailed floor plan which shall be presented to the Zoning Hearing Board at the time of appeal and shall be made a part of the permanent record of Unity Township.
[13]
The home occupation shall not commence operations until the Unity Township Zoning Officer has completed an on-site inspection and issued a certificate of occupancy for the home occupation use.
[14]
No home occupation approved by the Unity Township Zoning Hearing Board pursuant to the terms of this section shall be changed, altered or increased in size or scope until and unless such changes, alterations or increase in size or scope have been resubmitted for approval to said Board, such re-approval has been granted, and the time set by law for appeal has passed.
[15]
Any licensing requirement specified by federal, state or local agencies as a condition of operation for certain activities must be presented to the Unity Township Zoning Hearing Board at the hearing on the matter, and proof of full compliance therewith must be presented to the Unity Township Zoning Officer before an occupancy permit is issued.
[16]
The proposed home occupation will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
[17]
The provisions of this subsection shall not regulate, apply to or otherwise impair or impede the operation of a no-impact home-based business as defined in this chapter.
[18]
Any home occupation subsequently determined to be in regular or reoccurring violation of the terms hereof or the terms of any additional reasonable restrictions imposed by the Zoning Hearing Board at the time of approval shall be subject to a revocation of any and all permits issued by the Unity Township under this provision and the termination of the home occupation use.
(c)
A resident in the A Agricultural and C Conservation Districts may also engage in the operation of a pet grooming salon and firearm repairs in existing accessory structures on the property, where (a) the such operations are conducted entirely within such accessory structure or structures and (b) firearms are not used or discharged on the exterior of any structure. With the exception of a pet grooming salon and firearm repairs, all other home occupations permitted in Section 118-23A(22)(a) above shall be conducted within the principal structure. All other uses shall be prohibited. In addition to the general use limitations set forth above, any pet grooming salon or firearm repair business conducted as a home occupation shall comply with the following:
[1]
The home occupation shall be conducted solely within an accessory structure on the property existing at the time of this section's enactment, be clearly subordinate to the use of the real estate for dwelling purposes and occupy not more than 260 square feet in area. Where a home occupation is conducted in an outbuilding under this subsection, no other home occupation shall be conducted or permitted within the principal residence on the property.
[2]
The home occupation shall not include or require any external alteration or expansion of the accessory structure.
[3]
No display or sign, other than a single nameplate firmly affixed to the building with dimensions not exceeding six inches by 24 inches, shall be permitted. No external evidence of the activity, including but not limited to a motor vehicle which contains a notice of the activity, shall be permitted.
[4]
To the extent that the home occupation is subject to state or other licensure which requires a sign or notification of a size greater than that permitted herein, the minimum-required sign shall be permitted. Documentation on the sign shall be permitted. Documentation on the sign requirements must be specified in the application for special exception relief.
[5]
No facilities, equipment or materials which are dangerous or incompatible with the residential environment on the property shall be used.
[6]
The home occupation shall not involve the storage of supplies, equipment, raw material or residue material outside of the structure or in any other shed or outbuilding on the property.
[7]
The home occupation shall be operated solely by an individual having his or her primary residence at the property in question and no employees, assistants or partners shall be used at any time in the pursuit of the home occupation.
[8]
The home occupation operation shall not cause or permit vehicles to be parked on any public street or thoroughfare as a direct or indirect result of the business activity. Owners of a home occupation must demonstrate that ample off-street parking is available to simultaneously accommodate the parking needs of customers of the home business, visitors to the residence and other local residents.
[9]
The home occupation shall not emit smoke, fumes, odors, dust, noise, vibration, glaring light, visual blight or pollution of any kind.
[10]
No retail or wholesale goods shall be sold or stored on the premises as a result of the home occupation activity other than those goods commonly used in the home occupation activity and which are clearly incidental thereto. Persons engaged in home catering and baking businesses shall be permitted to arrange for customer pickups of pre-ordered items, but shall not be permitted to engage in the sale of pre-made items on a wholesale or retail basis within the premises.
[11]
The home occupation hours of operation shall be limited to 8:00 a.m. until 8:00 p.m., Monday through Saturday. No operations shall be permitted on Sundays.
[12]
All activities involving the home occupation shall be confined to a defined area in the accessory structure by means of a detailed floor plan which shall be presented to the Zoning Hearing Board at the time of appeal and shall be made a part of the permanent record of Unity Township.
[13]
The home occupation shall not commence operations until the Unity Township Zoning Officer has completed an on-site inspection and issued a certificate of occupancy for the home occupation use.
[14]
No home occupation approved by the Unity Township Zoning Hearing Board pursuant to the terms of this section shall be changed, altered or increased in size or scope until and unless such changes, alterations or increase in size or scope have been resubmitted for approval to said Board, such re-approval has been granted, and the time set by law for appeal has passed.
[15]
Any licensing requirement specified by federal, state or local agencies as a condition of operation for certain activities must be presented to the Unity Township Zoning Hearing Board at the hearing on the matter, and proof of full compliance therewith must be presented to the Unity Township Zoning Officer before an occupancy permit is issued. Such approvals may include but not be limited to state or federal licenses established for the business operations being conducted on the premises. Approvals by the Pennsylvania Department of Labor and Industry and/or any approvals required under the Pennsylvania Uniform Construction Code for the premises must be submitted before any building permit will issue.
[16]
The proposed home occupation will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
[17]
The provisions of this subsection shall not regulate, apply to or otherwise impair or impede the operation of a no-impact home-based business as defined in this chapter.
[18]
Any home occupation subsequently determined to be in regular or reoccurring violation of the terms hereof or the terms of any additional reasonable restrictions imposed by the Zoning Hearing Board at the time of approval shall be subject to a revocation of any and all permits issued by Unity Township under this provision and the termination of the home occupation use.
[19]
In the event a new outbuilding to be constructed on the property is permitted by the Zoning Hearing Board to house a home occupation, such new outbuilding shall be constructed in compliance with the setback and buffering requirements prescribed in this chapter for nonresidential structures in the Zoning District in which the use is located. If no such requirement exists, then the setback and buffering requirements imposed shall be those of the Zoning District first permitting the type of use (or nearest approximate use) for which the home occupation is sought.
(23)
Heliports or helicopter pads. Heliports or helicopter pads shall not be located on lots of less area than the minimum recommended by appropriate state and federal regulatory agencies, and the landing area shall be not less than 300 feet from any residential property.
(24)
Junkyards. In addition to the requirements of this chapter, all junkyards shall comply with the licensing, setback, dimensional and other requirements imposed upon junkyards by Chapter 72 of the Code of Unity Township and must receive an annual license issued through the Board of Supervisors of Unity Township, in addition to any conditional use approval required herein. Those regulations imposed on the operation of junkyards by Chapter 72 of the Code of Unity Township, as may be amended hereafter from time to time, including but not limited to those regulations specifically set forth in § 72-12, shall continue in full force and effect and be applicable to any junkyard business operated within the Township. The hearing on the conditional use application to operate a junkyard shall constitute the "examination of the application" referenced in § 72-5 of the Code of Unity Township relating to the Township's issuance of junkyard licenses.
(25)
Kennels. Kennels shall be completely enclosed with a chain-link fence at least six feet high. Dogs housed outside overnight shall be kept within a completely enclosed structure. Kennel buildings and runs shall be at least 100 feet from any property line and the premises shall be maintained in a sanitary manner at all times.
(26)
Light manufacturing.
(a)
All manufacturing uses shall be conducted in an enclosed building except for parking, loading or storage. All buildings shall be of fireproof construction to meet the requirements of state and/or national fire codes and any building, plumbing or other codes for Unity Township and the Commonwealth of Pennsylvania now in effect or thereafter enacted or amended.
(b)
The property on which the use is conducted shall not exceed three acres in size.
(c)
The site shall be developed with permanent related buildings. No trailers or temporary modular units are permitted.
(d)
Service bays shall be designed or oriented so as to not to be readily visible from the public right-of-way.
(27)
Manufactured homes outside of manufactured home parks and recreational vehicles.
(a)
Individual manufactured homes may be permitted as a single family residential dwelling if:
[1]
Same are constructed on a permanent masonry foundation comprised of concrete block or poured concrete;
[2]
Disconnected from any chassis, wheels or other device used to transport same;
[3]
Connected to all required utilities; and
[4]
Comply with the area, size, height and other setback regulations for the zoning district in which they are constructed.
(b)
All manufactured homes shall meet the specifications for manufactured homes set forth in United States Standards Institute, Standards for Mobile Homes, USA Standard A 119.1-1969, NFPA No. 501 B-1968, and any subsequent modification or amendment of such standards and the Pennsylvania Uniform Construction Code.
(c)
No recreational vehicle of any size shall be permitted to be used or occupied as a temporary or permanent residence in any zoning district.
(d)
No recreational vehicle shall be stored or maintained along a public road or in the front yard of a property.
(28)
Manufactured home parks. All manufactured home parks shall be designed, laid out, permitted, constructed and maintained in accordance with the terms and provisions of the Unity Township Manufactured Home Park Ordinance and Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity.
(29)
Mini-storage facility. Each mini-storage facility shall have and comply with the following requirements:
(a)
Storage. No storage may take place outside of an enclosed storage unit.
(b)
Water or sanitary sewer service. No storage unit shall have water or sanitary sewer service connections.
(c)
Caretaker quarters/management office. A caretaker may reside on a portion of the site upon which the mini-storage facility is located. The operator of the facility may also maintain an office on the site, provided the office is used solely and exclusively for the operation of the mini-storage facility. Both the caretaker's residence and management office shall have public water and public sewer service.
(d)
Access. Ingress or egress shall be from an arterial or collector street only.
(e)
Minimum distance from face of building to face of building: 30 feet minimum.
(f)
Minimum distance from end of building to end of building: 20 feet minimum.
(g)
If individual storage units are placed back to back (i.e., with a common back wall), the maximum width of the building housing such back to back units shall not exceed 60 feet.
(h)
Access driveway width: 22 feet minimum.
(i)
All access driveways shall be paved with an impervious surface and shall have a locking gate at its point of entry with a public road.
(j)
A landscaping plan shall be submitted with the site plan showing the site's buffer area in accordance with this chapter.
(k)
The perimeter of the property shall be securely fenced with visually intrusive materials to obstruct the view of the storage facility from adjoining properties.
(l)
Where the facility adjoins a property in residential use, in addition to the fence referenced above, a buffer area of natural plantings shall be maintained on the outside of the fence along the adjoining residential property's boundary line. All natural plantings shall comply with the requirements of Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity, as amended.
(m)
Lighting shall be directed inward and not interfere with the surrounding area or distract traffic.
(n)
A fire hydrant must be provided on site with the location to be determined by the Fire Marshall.
(o)
Other than those facilities provided for a caretaker or management office above, all other buildings on the site shall be used for mini-storage only and shall not be combined with any other use.
(p)
The personal storage facility shall provide a security system to prevent or discourage criminal activity.
(q)
No hazardous materials shall be stored in any mini-storage facility or on the premises of same.
(30)
Motels. Motels shall have a minimum a lot area of not less than 400 square feet per rental unit.
(31)
Natural resources recovery. Natural resources recovery shall be regulated by the provisions of State Act 147 (and its subsequent future amendments), the Surface Mining Conservation and Reclamation Act,[5] and State Act 78 (and its future amendments), the Oil and Gas Act[6] and shall be subject to the following requirements, where not otherwise preempted:
(a)
Fencing. A six-foot fence shall completely enclose hazardous portions of the fills, cuts, pits and water holes on the property where quarry operations are underway. The fence shall be constructed to have openings no larger than six inches.
(b)
Buffers for mining and quarrying operations. No strip mining, stockpiles, waste piles, processing or manufacturing equipment and no part of the open excavation or quarrying pit shall be located closer to the following activities than:
[1]
Residential, conservation or agricultural: 500 feet.
[2]
Street: 100 feet.
[3]
Business: 200 feet.
[4]
Industrial: 100 feet.
[5]
These buffers shall apply to any existing house, principal structure or playground except for any residence or structures located on the property subject to the application.
(c)
All applicants shall submit a site plan showing the location of all access roads, drilling sites, well heads, pipelines, mining or quarrying operations or other surface disturbance activities taking place on the site.
(d)
All applicants shall submit a grading plan and obtain a grading permit from the Township.
(e)
All applicants shall submit a stormwater management plan and obtain stormwater management approval from the Township.
(f)
All applicants shall comply with the Unity Township Restricted Roadways Ordinance, where applicable, for the bonding and maintenance of Township Roads.
(g)
Except in the case of timbering operations, the applicant shall construct visually insulating and sound dampening barriers around well-heads to screen any above-ground appurtenances, quarrying sites or other above ground activities or operations from adjoining properties.
(h)
In the event Natural Resources Recovery is not permitted in a particular zoning district, Natural Resources Recovery may still be permitted as a Conditional Use in such district if an Applicant can show that the Natural Resource subject to recovery was conveyed by a severance deed or lease to the Applicant, or another person in direct privity with the applicant, prior to the date of this chapter's enactment.
(32)
Outdoor entertainment facilities. All outdoor entertainment facilities shall have and comply with the following:
(a)
Such facility shall be constructed in compliance with all applicable building and/or construction codes in effect at the time the application is made;
(b)
If alcoholic beverages are to be sold or consumed on or within such facility on special events or occasions, the applicant must obtain approval from the Pennsylvania Liquor Control Board that such facility has been approved for such purposes and provide a copy of such approval to the Township along with any application filed with the Township. The failure to provide such approval shall cause the application to be rejected as administratively incomplete.
(c)
If such facility abuts a property in any residential zoning district, the operation of such facility shall not extend past 10:00 p.m. on Sunday through Thursday evenings nor past 11:00 p.m. on Friday and Saturday. For purposes of this paragraph, "operation" shall include entertainment, music and the sales or consumption of food, alcoholic or non-alcoholic beverages.
(d)
If such facility abuts a property in any residential zoning district, the facility shall be buffered to visually insulate and dampen sound from the facility from such adjoining property. The nature and extent of any buffer area shall be reviewed and approved by the Zoning Hearing Board.
(e)
Outdoor entertainment facilities which are used in or form a part of a bar, restaurant, nightclub or other similar commercial use are considered as an extension of the existing premises and shall not be permitted in any area where such bar, restaurant or nightclub is adjacent to a property in any Residential Zoning District.
(33)
Outside storage areas in commercial and industrial districts. Outside storage areas in commercial and industrial districts (1) shall be buffered by fencing, planting or topography so to eliminate or minimize adverse effects on neighboring property; and (2) shall have no waste material stored in such area. The creation of such area will not eliminate the requirements for waste handling required in this chapter or other ordinance of the Township applicable to same.
(34)
Public buildings and uses. Public buildings and uses, when located in or adjacent to a residential district, shall provide proper separation and protection for abutting residential properties.
(35)
Satellite parking. Off-street parking lots which are not located on the same lot as the principal use may be permitted provided that:
(a)
The parking lot will not be unduly intrusive and will blend harmoniously into the neighborhood.
(b)
Such lot shall be located within 100 feet of the principal use, shall be buffered and landscaped, and all lighting used shall be shielded so as not to reflect on adjoining residential lots.
(c)
Traffic circulation from the parking lot shall not create a hazardous or unsafe situation.
(d)
Reasonable safeguards are established against detrimental emission of smoke, fumes, dust, noise or visual blight or pollution of any kind.
(e)
The parking lot is located in a zoning district in which the principal use is a permitted use.
(36)
Student homes. All student homes, regardless of the District in which they are located, or whether they are occupied as a permitted, special exception, conditional or nonconforming use, shall comply with the following requirements:.
(a)
Not more than one building on a lot may be used as a student home;
(b)
Both dwelling units in a two-family dwelling unit may be used as a student home provided that the aggregate number of students occupying both units does not exceed four. More than two units in multiple-family dwellings on a single property may be used as a student home, provided that not more than one student occupies each unit and the aggregate number of students occupying all units in the multiple-family dwelling does not exceed four; and
(c)
Such student homes must be registered with the Township through the issuance of an annual permit, valid for a twelve-month period extending from July 1 through June 30 each year;
(d)
The owner of a student home shall submit an application to the Township to register their property as a student home on or before April 30 of each year for the following twelve-month period. Such application shall be provided by the Township;
(e)
The failure to make application for a student home on or before May 31 in any year, or otherwise obtain a permit for the use of a property as a student home, shall preclude the operation of the property as a student home;
(f)
No student home shall be permitted closer than 1,200 feet to another student home;
(g)
Student homes must be inspected by the Township on an annual basis and be issued an annual occupancy permit;
(h)
Each occupied student home must be registered as a "regulated rental unit" under the Township "Regulated Rental Unit Ordinance" and shall comply with the terms of such ordinance; and
(i)
Student homes shall have one off-street parking space for each student occupying such unit.
(j)
No student home shall be occupied by more than four students.
(37)
Terminals and freight terminals.
(a)
Terminals shall not be located on lots of less than five acres suitable for such use and shall have a buffer area sufficient to insulate same from any adjoining residential use. Access for motor freight vehicles or busses shall be by way of streets of adequate width as determined by the Township. In addition to adequate area within the site for docking, manipulation and the maneuvering of motor freight vehicles, a reservoir of parking area for cars and other personal vehicles of employees or drivers shall be provided at the rate of one parking space for every vehicle housed at the terminal. The number, location and width of entrances to and exits from the site shall be approved by the Township.
(b)
Freight terminals shall not be located on lots of less than five acres suitable for such use and shall have a buffer area sufficient to insulate same from any adjoining residential use. Access for motor freight vehicles shall be by way of streets of adequate width as determined by the Township. In addition to adequate area within the site for docking, manipulation and the maneuvering of motor freight vehicles, a reservoir of parking area for motor freight vehicles waiting to be loaded or unloaded shall be provided at the rate of one parking space for every four loading or unloading docks. The number, location and width of entrances to and exits from the site shall be approved by the Township.
(c)
No terminal shall be closer than 300 feet to a residential dwelling, public or private school, day-care center, hospital, or public park, as measured from the subject site's property line to the nearest property line of the residence(s), school, day-care center, hospital or park site. All vehicles parked, stored or housed on-site need to be in operable condition, and maintain valid registration and inspection stickers.
(d)
No repair work shall be conducted on any vehicle parked, stopped, stored or housed on the site of any terminal or freight terminal.
(38)
Utility substations. Utility substations shall provide proper separation and protection for abutting properties and must not engage in routine trucking movements on local residential or substandard streets.
(39)
Vehicular wash. All vehicular washing facilities shall comply with the following:
(a)
All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.
(b)
Drainage water from the washing operation shall be controlled on site so that it does not flow or drain onto berms, streets or other property.
(c)
A stacking area shall be required on the lot for automobiles accessible to the end of the automated washing facilities. Such stacking area shall be able to accommodate the number of vehicles equal to the maximum hourly processing capability of the automated washing facility. Such information shall be provided to the Township as part of the application for the use.
(d)
An area beyond the exit end of the building housing the washing equipment sufficiently large enough to accommodate 1/4 of the maximum hourly processing capability provided for the aforesaid vehicular car wash.
(e)
The facility shall be connected to public sanitary sewer facilities.
(40)
Private windmills and windmill farms.
(a)
A single private windmill may be approved as an accessory structure to a single or multifamily home, provided:
[1]
Such windmill is used principally as a source of power or energy for the residence or other accessory structure(s) on the property;
[2]
The windmill is situate on the same lot as the principal residential structure;
[3]
The lot containing the windmill and principal residential structure has an area of not less than five acres;
[4]
The supporting structure of the windmill is set back at least 150 feet from any lot line;
[5]
The windmill is constructed in accordance with and permitted under the Pennsylvania Uniform Construction Code, 34 Pa. Code, Chapters 401 through 405;
[6]
The windmill is operated and in use only between the hours of 7:00 a.m. and 10:00 p.m. on any day; and
[7]
The windmill does not exceed 45 feet in height.
(b)
Windmill farms may be approved and constructed as the principal use on property subject to those specific requirements set forth hereafter:
[1]
The windmills are principally used to supply power or energy to persons or facilities off the site;
[2]
The construction and location of each windmill is also authorized by any other state of federal regulatory agency having jurisdiction, including, but not limited to, the Federal Aviation Commission;
[3]
The applicant applies for and receives all necessary federal, state and local building permits required for construction;
[4]
The lot containing the windmill farm does not abut a residential zoning district;
[5]
The lot containing the windmill farm has an area of not less than 20 acres and each windmill is located on at least three acres of land;
[6]
The supporting structure of any windmill is set back at least 750 feet from any lot line, not less than 2,000 feet from any residential structure and shall maintain a distance of not less than 1,500 feet from any other windmill;
[7]
The height of any windmill within a windmill farm, including the blades at the highest point of their rotation, shall not exceed 350 feet; and
(41)
Other uses not specifically listed as permitted, special exception uses or conditional uses.
(a)
Uses which are not specifically listed as permitted, conditional uses or special exceptions in any zoning district may be authorized in the M-1, B-3 or I-AP Districts, by the Unity Township Board of Supervisors as conditional uses.
(b)
In order to obtain a conditional use under this section, the applicant bears the burden of establishing the following to the satisfaction of the Board:
[1]
The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.
[2]
The impact of the use on the environment and adjacent streets is equal to or less than any use specifically permitted as a permitted or conditional use in the subject district.
[3]
In determining the impact on the environment and adjacent properties, the Board shall consider such development characteristics as the number of employees, the floor area of the proposed building devoted to the proposed use, the type of products involved, the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, parking demand, environmental impacts, and any other information that Board determines will aid in determining the impact of the use.
[4]
The proposed use shall comply with the expressed standards and criteria of the zoning district in which the use is to be located and all other requirements of this chapter and the Township subdivision and land development regulations.
[5]
The proposed use shall be in accordance with the community development objectives of this chapter and the Comprehensive Plan, as adopted and amended.
(c)
Prior to the public hearing before the Township Board of Supervisors, the applicant shall submit all studies, documents and testimony which the applicant wishes to be considered in connection with the conditional use application, for review and recommendation by the Township Planning Commission.
(d)
When granting a conditional use pursuant to this section, the Board of Supervisors may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter and the Township subdivision and land development regulations.
(42)
Motorized vehicle raceways, tracks or training facilities. All motorized vehicle raceways, tracks or training facilities as defined herein shall comply with the following requirements:
(a)
The use, and all facilities constructed for or associated with same, must be conducted on property within the C-Conservation Zoning District having a minimum lot size of at least 100 acres;
(b)
All structures, buildings and raceway areas must be set back not less than 500 feet from any adjoining property line and not less than 1,000 feet from any residential dwelling;
(c)
The conduct of any race, training, operation or use on the property shall not produce a noise level that exceeds 65 decibels at any property line;
(d)
All activities conducted on the property shall comply with all statutes, laws, rules or regulations of the Commonwealth applicable to same;
(e)
Off-street parking shall be supplied at the following rates:
[1]
Two spaces for every race participant; plus,
[2]
One space for every employee on peak shift; plus
[3]
One space for every two spectators based on the number of bleacher or other fixed seating provided; and
[4]
One space for every two people anticipated to be in standing room areas, based on normal and customary crowd sizes.
(f)
All lighting must be turned inward, away from adjoining properties and must not shine into or upon any abutting property;
(g)
No racing or training operations shall begin before dawn or continue after 11:00 p.m.;
(h)
The applicant must obtain special exception use approval from the Zoning Hearing Board and comply with any additional conditions imposed;
(i)
The applicant must obtain land development plan approval from the Board of Supervisors and comply with the terms and provisions of the Township's Subdivision And Land Development Ordinance,[7] including, but not limited to, obtaining the approval of the area designated for the use of the facilities and the area used for off-street parking, on-site vehicular circulation patterns, lighting plans and both event and daily traffic control plans.
(43)
Motorized vehicle trails (MVT). Motorized vehicle trails shall be authorized as a permitted use in the A-1 Agricultural and C Conservation Zoning Districts subject to permitting by the Township as set forth hereafter and the property Owner's certification of the following:
(a)
That the MVT has been created by the repetitive off-road use or operation of motorcycles, dirt bikes, quads or other motor vehicles;
(b)
That the property on which the MTV is located is currently owned by the applicant in an individual capacity, and will not be owned, operated or managed by any corporation, limited liability company, limited partnership or other form of business entity;
(c)
That the MVT does not have, and will not have, any man-made improvements or alterations, such as jumps, moguls or other man-made features;
(d)
That the MVT is and will continue to be located on not less than 30 acres of land;
(e)
That all portions of the MVT are and will continue to be set back at least 100 feet from any property line;
(f)
That no portion of the MTV does or will cross over a public road or right of way;
(g)
That the MVT will be used only between the hours of 10:00 a.m. and 7:00 p.m. (or dusk whichever is earlier), Monday through Saturday. The trail shall not be used on Sunday;
(h)
That the MTV shall not be used, or in use, more than two hours within the 10:00 a.m. to 7:00 p.m. time period;
(i)
That all off-road vehicles operated on the MVT will be equipped with mufflers or other noise reduction equipment and produce sound having a decibel level of not more than 65 decibels at the property line;
(j)
That all dust generated by the use of the MVT shall be contained within the property upon which the trail is located; and
(k)
That the permit issued for a "motorized vehicle trail" by the Township will expire upon the transfer of title to the property upon which the trail is located;
(l)
That the applicant shall, as a condition of permit issuance:
[1]
Submit an application for an MVT permit on a form supplied by the Township;
[2]
Pay all fees required by the Township for the issuance of the permit, with such fees being set by resolution hereafter;
[3]
Authorize the Township, acting through its employees to enter upon the property, both prior to the permit's issuance and in the investigation of any subsequent complaints of noncompliance, to inspect the property and MVT to confirm compliance with the above requirements, including, but not limited to, the inspection of any vehicles used on the MVT and the performance of sound metering to determine the noise levels at the property line generated by their operation; and
[4]
Acknowledge that any permit issued is subject to the conditions set forth herein and that the failure to comply with same is a violation of this chapter and subject not only to those penalties set forth herein, but may also result in the suspension and/or revocation of the applicant's permit.
(m)
Nothing in this section shall be deemed or construed to prohibit a property owner from using or operating a quad or other off-road motor vehicle on their property 1) associated with the upkeep, maintenance and/or repair of their property or any structure thereupon, or 2) associated with activities approved by or subject to permitting or licensing by the Pennsylvania Game Commission.
(44)
Solar farms. Solar farms may be authorized as a "special exception use" in the C-Conservation Zoning District, and shall comply with the following specific requirements:
(a)
The use, and all facilities constructed for or associated with any solar farm, must be conducted on property having a minimum lot size of at least 50 acres;
(b)
Although electricity from a solar farm may be used to supply electricity to structures located on the property, any solar farm must be principally designed and used to generate electricity for commercial utility-scale solar applications;
(c)
All structures on a solar farm shall comply with all federal and/or commonwealth statutes, laws, rules or regulations applicable to same;
(d)
All solar panels must be arranged so as not to create glare onto adjoining properties;
(e)
No structure or equipment used in the operation of a solar farm shall be located less than 250 feet from any adjoining lot line;
(f)
The applicant must submit along with the application for special exception approval a scaled drawing of the property upon which the solar farm is located prepared by a land surveyor licensed in the Commonwealth of Pennsylvania, which identifies:
[1]
The total area of the property, measured on both a square foot and acreage basis, to be leased to, conveyed to or otherwise able to be occupied for the operation of the solar farm within the property (hereafter the "leased area");
[2]
The area within the "leased area," measured on both a square foot and acreage basis, to be occupied by the solar panels, and any buildings, substations, and/or other structures accessory to the solar panels, calculated and measured along the exterior perimeter of all solar panels or arrays, buildings, substations and/or such other accessory structures, as installed or to be installed on the site, without regard to any distance between the panels, arrays or other structures (hereafter the "coverage area");
[3]
The distance from the edge of any portion of the "coverage area" to the nearest property line;
[4]
The locations of any buildings, substations, and other structures accessory to the solar array within the "coverage area";
[5]
The locations of all emergency service or other roadways within the coverage area of the site;
[6]
A detail/drawing identifying the spacing between any solar arrays and/or panels; and
[7]
The location of all access roads to the area or areas occupied by the solar panels.
(g)
For purposes of this section, the "maximum building coverage" shall be calculated by combining the areas of all existing buildings and other structures on the property with the buildings and structures to be constructed as a part of the solar farm (i.e. the "coverage area") described in Subsection A(44)(g)[2] above and dividing same by the "leased area" described in Subsection A(44)(g)[1] above. In the event any additional structures or buildings are constructed either inside or outside of the leased area on the property which would cause the maximum building coverage to exceed the maximum building coverage authorized in the zoning district, the construction of those additional structures or buildings must be submitted to the Zoning Hearing Board for review and approval as a modification of their special exception use.
(h)
The applicant must submit a statement detailing the type of solar panel being proposed for use and a certification issued by the manufacturer of the panels and appropriate governmental testing entity, that such panels are safe for their intended use or purpose.
(i)
The "coverage area" must be fenced in with a fence not less than eight feet in height, topped with barbed wire and gated to prohibit access by persons and animals;
(j)
The applicant must obtain special exception use approval from the Zoning Hearing Board and comply with any additional conditions imposed;
(k)
The applicant must obtain land development plan approval from the Board of Supervisors and comply with the terms and provisions of the Township's Subdivision and Land Development Ordinance, Stormwater Management Ordinance, the Township's Zoning Ordinance - and all other ordinances applicable to the development.
(l)
Nothing in this section shall be deemed or construed to prohibit a residential or non-residential property owner from placing solar panels on existing buildings on their property, provided i) the principal purpose of the solar panels is to provide electricity to an existing building on the site, ii) any excess power being returned to an electrical grid is determined by the Township to be de minimus, and iii) the property owner makes application for and receives all required permits for same.
(m)
The foregoing notwithstanding, nothing in this section shall be deemed or construed to permit or authorize a residential or non-residential property owner to place solar panels, whose principal purpose is to provide electricity to an existing building, on the ground. Such solar panels or solar arrays may only be placed on the rooftops of buildings.