Upper Milford Township
City Zoning Code

DISTRICTS, PERMITTED

USES AND YARD REQUIREMENTS

§ 155.065 ESTABLISHMENT OF ZONING DISTRICTS AND PURPOSES.

(A) For the purpose of this chapter, zoning districts are hereby established as follows:

AC	Agricultural Conservation
R-A	Rural Agricultural
RS-R	Rural Suburban Residential
S-R	Suburban Residential
C	Commercial
I	Industrial
CON	Conservation
VC	Village Commercial
VR	Village Residential
COSDO-OD	Conservation/Open Space Development Option Overlay
CZAMB-OD	Coordinated Zoning Along Municipal Borders Overlay District

(B) For the purposes of this chapter, the zoning districts named in division (A) above shall be of the number, size, shape and location shown on the Official Zoning Map.

(C) The following zoning districts are intended to serve the following purposes, in addition to the overall purposes and objectives of this chapter and the Comprehensive Plan:

(1) CON Conservation District. To provide for very low-intensity development in areas with significant important natural features, such as wetlands, flood-prone lands and very steeply sloped areas. To recognize that many of these areas have limited road access. To protect the water quality and habitats along creeks and their headwaters and promote ground water recharge. To provide incentives and a certain amount of flexibility in lot layout so that development can be clustered on the most suitable portion of a tract of land, while still avoiding overly intense development;

(2) AC Agricultural Conservation District. To promote the continuation and preservation of agricultural activities in those areas most suitable for such activities. This zone also intends to protect and stabilize the township’s viable agricultural economy by minimizing uses that are incompatible with farming, but permitting limited agricultural support businesses. Consequently, residential uses are limited and any future inhabitants in this zone must be willing to accept the impacts associated with normal farming practices;

(3) R-A Rural Residential District. To provide for rural types of development at a low overall density. To avoid conflicts with agricultural uses and recognize sewage limitations. To protect the water quality and habitats along creeks, and promote ground water recharge. To provide incentives and a certain amount of flexibility in lot layout through a conservation/open space development option so that development can be clustered on the most suitable portions of a tract of land, while avoiding overly intense development;

(4) RS-R Rural Suburban Residential District. To provide for low density residential neighborhoods that are primarily composed of single-family detached dwellings. To protect these areas from incompatible uses;

(5) S-R Suburban Residential District. To provide for medium density residential neighborhoods with a mix of housing types at a medium density. To protect these areas from incompatible uses. To meet requirements of state law to provide opportunities for various housing types;

(6) VR Village Residential District. To provide for residential uses that are similar in character to existing homes in the older villages of the township;

(7) VC Village Commercial District. To provide for a mix of housing and light business uses in a manner that avoids conflicts between homes and intensive commercial uses. To primarily provide for smaller-scale uses that will not be obtrusive in the landscape and that will not overload the road system;

(8) C Commercial District. To provide for a wide range of commercial uses. To carefully locate commercial areas and commercial driveways to minimize traffic safety and congestion problems along roads; and

(9) I Industrial District. To provide for a range of industrial uses in a manner that minimizes conflicts with homes and avoids serious nuisances and hazards and to avoid additional conflicts through a Coordinated Zoning Along Municipal Borders Development Option so that existing residential areas have a seamless, rather than shock, transition between uses.

(Ord. 126, passed 3-18-2010; Ord. 140, passed 5-7-2015; Ord. 157, passed 9-6-2018; Ord. 168, passed 8-18-2022)

§ 155.066 APPLICATION OF DISTRICT REGULATIONS.

(A) Unless otherwise provided by law or specifically in this chapter, no land or building or structure shall be used or occupied except for a use permitted in the zoning district within which the land or building or structure is located.

(B) The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.

(C) No building, structure or land shall hereafter be erected, constructed, reconstructed, moved or structurally altered and no building or structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.

(D) No part of yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(E) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(F) Any territory, which may hereafter be annexed to the township, shall be classified as the zoning district of the township most similar to the zoning of such territory before annexation (as determined by the Zoning Hearing Board) until otherwise classified.

(G) No more than one principal use shall be permitted on a lot, unless specifically permitted by this chapter.

(Ord. 126, passed 3-18-2010)

§ 155.067 ZONING MAP AND RULES FOR INTERPRETING DISTRICT BOUNDARIES.

(A) A map entitled, “Zoning Map for the Township of Upper Milford” accompanies this chapter and is declared a part of this chapter.

(B) The Official Zoning Map shall be identified by the signature of the Chairperson of the Board of Supervisors attested by the Township Secretary, and shall bear the adoption date of this chapter and the seal of the township under the following words: “This is to certify that this is the Official Zoning Map adopted March 18, 2010 as part of the Upper Milford Township Zoning Ordinance of 2010".

(C) Changes of any nature to the Official Zoning Map shall be made in conformity with the amendment procedures set forth in this chapter. All changes shall be noted by date with a brief description of the nature of the change.

(1) The base information on the Zoning Map may be periodically revised to reflect approved subdivisions.

(2) The Zoning Map shall reflect that the Mast Engineering survey line shall act as the boundary line between both Upper Milford Township and Upper Saucon Township, and Upper Milford Township and Lower Milford Township, pursuant to the Order of Court dated October 22, 1990, indexed at Case No. 15-R-87 in the Court of Common Pleas of Lehigh County, Pennsylvania - Criminal Division (by Ordinance, June 3, 1992).

(D) Regardless of the existence of purported copies of the Official Zoning Map, which may from time to time be made or published, the Official Zoning Map shall be located at the township office and shall be the final authority on boundaries and districts. The Zoning Officer shall have a certified copy of the Official Zoning Map for official use.

(E) (1) If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, the Board of Supervisors may, by resolution, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map.

(2) The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall include an amendment thereof.

(3) The new Official Zoning Map shall be identified by the signatures of the Board of Supervisors, attested to by the Township Secretary, and bearing the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted March 18, 2010 as part of the Upper Milford Township zoning chapter.”

(4) Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any part or parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

(F) Zoning boundaries drawn approximately following the centerlines of streams, drainage ways, streets, alleys, railroads or other rights-of-way shall be construed to follow such centerlines. In the event of any change in the centerline, the zoning boundary shall be construed as moving with the actual centerline.

(G) Boundaries approximately following property lot lines shall be construed as following such property lot lines.

(H) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of such map.

(I) Where physical features existing on the ground vary with those shown on the Official Zoning Map, or in other circumstances not covered by divisions (A) through (C) above, the Zoning Hearing Board shall interpret the district boundaries.

(J) Where a lot is situated in more than one district, then the zoning requirements of the less dense district shall be applied.

(Ord. 126, passed 3-18-2010; Ord. 157, passed 9-6-2018)

§ 155.068 TABLE OF ALLOWED USES IN EACH ZONING DISTRICT.

(A) For the purposes of this section, the following abbreviations shall have the following meanings:

P = Permitted by right use (zoning decision by Zoning Officer)

SE = Special exception use (zoning decision by Zoning Hearing Board)

N = Not permitted

(§ 155.073) = See additional requirements in § 155.073 for a permitted by right use or § 155.074 for a special exception use

(§ 155.074) = See additional requirements in § 155.074

(§ 155.075) = See additional requirements in § 155.075

(B) (1) Unless otherwise provided by state or federal law or specifically stated in this chapter, any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.

(2) See § 155.024(B) which generally provides a process for approval of a use that is not listed, based upon similarity to permitted uses and other criteria. Except as provided in such § 155.024(B), any other principal use that is not specifically listed as P or SE in the applicable district in this table is prohibited in that district.

(3) For temporary uses, see § 155.022(G).

Table 155.068(B)(4): Allowed Uses in Primarily Residential Zoning Districts
*1 = This use shall be limited to a building that was constructed prior to January 1, 1940, in addition to any customary additions to such building

P = Permitted by use right (zoning decision by Zoning Officer)
SE = Special exception use (zoning decision by Zoning Hearing Board)
N = Not permitted
(§ 155.073) = See additional requirements in § 155.073 for a permitted by right use or § 155.074 for a special exception use
(§ 155.074) = See additional requirements in § 155.074
(§ 155.075) = See additional requirements in § 155.075

Types of Uses (See definitions of uses in § 155.051)	Zoning Districts (See names of districts in § 155.065)
Types of Uses (See definitions of uses in § 155.051)	CON	R-A	RS-R	S-R	AC	VR
Accessory Uses See list of additional permitted uses in division (C) below such as “Residential Accessory Structure or Use” See additional requirements in § 155.075 for specific accessory uses
Bees, keeping of	P	P	P	P	P	P
Bus shelter at a public bus route stop (§ 155.075)	N	N	N	P	N	P
Composting, other than leaves or materials generated on-site (§ 155.075)	SE	SE	N	N	SE	N
Day care center accessory to and on the same lot as an existing lawful place of worship	P	P	P	P	P	P
Day care (§ 155.075) as accessory to a dwelling:
- Day care of a maximum of 3 adults or youth, in addition to “relatives” of the caregiver	P	P	P	P	P	P
- Group day care home	N	N	N	SE	N	SE
- Family day care home	SE	SE	SE	SE	SE	SE
Farm-based business (§ 155.075)	SE	SE	SE	SE	SE	SE
Home occupation, major (§ 155.075)	SE	SE	SE	SE	SE	SE
Home occupation, minor (§ 155.075)	P	P	P	P	P	P
Horses - see under pets in § 155.075
Retail sales of agricultural commodities (§ 155.075)	P	P	P	P	P	P
Temporary retail sales - shall only occur if allowed by § 155.022(G)
Timber harvesting	P	P	P	P	P	P
Unit for care of relative (§ 155.075)	SE	SE	SE	SE	SE	SE
Commercial Uses
Airport, private or public (§ 155.074)	N	SE	N	N	N	N
Bed and breakfast inn (§ 155.074)	SE* 1	SE* 1	N	N	SE* 1	SE
Campground (§ 155.074), not including recreational vehicle campground	SE	SE	N	N	N	N
Golf course (§ 155.073), with a minimum lot area of 25 acres	N	P	P	P	N	P
Gun club/outdoor target range, for firearms (§ 155.074)	SE	SE	N	N	N	N
Kennel (§ 155.074)	N	SE	N	N	SE	N
Plant nursery or tree farm, with any on-site retail sales limited to trees and shrubs primarily grown on the premises, and with a 5% maximum building coverage and a 2 acre minimum lot area	P	P	P	P	P	P
Timber harvesting	P	P	P	P	P	P
Wireless communications facility (§ 155.074)
- Meeting § 155.074 pertaining to antenna placed on certain existing structures	P	P	P	P	P	P
- Other than above (such as freestanding towers)	SE	N	N	N	N	N
Institutional/Semi-Public Uses
Cemetery (not including crematorium, which is listed separately) (§ 155.073)	P	P	P	P	P	P
Church - see place of worship below under Public/Semi-Public
College or university - educational and support bldgs. (other than environmental education center)	N	N	N	N	N	N
Community recreation center or library	N	N	P	P	P	P
Cultural center or museum	N	N	N	N	N	N
Day care center, adult (§ 155.073)	N	N	N	N	N	N
Day care center, child (§ 155.073) (see also as an accessory use)	N	N	N	N	N	N
Emergency services station (§ 155.074)	N	SE	SE	SE	N	SE
Hospital	N	N	N	N	N	N
Hunting and fishing club, with a 5% maximum building coverage. This term shall not include uses listed separately in this section	P	P	P	P	P	P
Maintenance facilities for residential property owners associations, which shall be required to be separated by landscaped screening from any dwellings	N	P	P	P	P	N
Membership club meeting and noncommercial recreational facilities, provided that an “after hours club”, “tavern” or uses listed separately in this section shall only be allowed if so listed in this table and if the requirements for that use are also met	N	SE	N	N	N	SE
Miscellaneous Uses
Animal husbandry (§ 155.073)
- Not intensive	P	P	P	P	P	P
- Intensive	N	SE	SE	SE	SE	N
Commercial stable or riding academy (§ 155.073)	P	P	SE	SE	P	SE
Crop farming	P	P	P	P	P	P
Forestry	P	P	P	P	P	P
Greenhouse, wholesale, with a 10 acre minimum lot area	P	P	P	P	P	P
Ground water or spring water withdrawal, averaging more than 10,000 gallons per day removed from a tract for off-site consumption (§ 155.073) (See also requirements for food and beverage bottling and processing under industrial uses)	SE	SE	SE	SE	SE	SE
Nature preserve or environmental education center, with a 10 acre minimum lot area for any use involving a principal building	P	P	P	P	P	P
Parking lot for carpooling	N	N	N	N	N	N
Parking lot as the principal use of a lot	N	N	N	N	N	N
Timber harvesting	P	P	P	P	P	P
Sewage sludge/biosolids, land application of	SE	SE	N	N	SE	N
Sewage treatment plant	SE	SE	SE	SE	SE	SE
Wind turbine, which shall be required to have a setback equal to the total height from all lot lines to the tip of the extended rotor
- Maximum of one wind turbine per lot as an accessory use that is primarily intended for generating on-site electricity (§ 155.075)	P	P	P	P	P	P
- Other than above, such as 2 or more wind turbines per lot (§ 155.074)	N	N	N	N	SE	N
All uses that will be unable to comply with the performance standards of this ordinance. See the “environmental protection” requirements of §§ 155.110 through 155.124	N	N	N	N	N	N
Public/Semi-Public
Government facility, other than uses listed separately in this section	SE	SE	SE	SE	SE	SE
Nursing home or personal care home/assisted living (§ 155.073)	N	N	N	SE	N	N
Place of worship (§ 155.073) (includes church)	SE	SE	SE	SE	SE	SE
Public utility facility other than uses listed separately in this section (see also § 155.032)	SE	SE	SE	SE	SE	SE
Publicly owned or operated recreation park	P	P	P	P	P	P
School, public or private, primary or secondary	N	SE	SE	SE	N	SE
Swimming pool, non-household (§ 155.073)	SE	SE	SE	SE	SE	SE
Timber harvesting	P	P	P	P	P	P
Township government uses, other than uses listed separately in this section	P	P	P	P	P	P
U.S. postal service facility, which may include a leased facility	N	N	N	N	N	N
Residential Uses
Age-restricted residential development under compliance with § 155.071	N	P	P	P	N	P
Apartments (§ 155.073), not including conversions of an existing building:
- Only 2 dwelling units in a building (duplex or two-family detached dwelling)	N	N	N	P	N	N
- 3 or more dwelling units in a building	N	N	N	P	N	N
Boarding house (includes rooming house) (§ 155.073)	N	N	N	N	N	N
Conservation/open space development option in compliance with § 155.076		P
Conversion of an agricultural building that included more than 500 square feet of floor area prior to 1985 into one dwelling unit ***	P	P	P	P	P	P
Conversion of an existing building to result in an increased number of dwelling units, other than above (see also “unit for care of relative” under accessory uses)	N	N	N	N	N	N
Group home within a lawful existing dwelling unit (§ 155.073), not including a treatment center	P	P	P	P	P	P
Manufactured/mobile home park (§ 155.073)	N	N	N	SE	N	N
Single-family detached dwelling (Note: manufactured/mobile homes shall also meet the additional requirements of § 155.073)	P	P	P	P	P	P
Timber harvesting	P	P	P	P	P	P
Townhouse (rowhouse) (§ 155.073)	N	N	N	P	N	N
Twin dwelling (side-by-side)	N	N	P	P	N	P

Table 155.068(B)(5): Allowed Uses in Primarily Business Zoning Districts
*2 = With a maximum floor area of 2,000 square feet for each retail establishment
** = However, in the VC district, an auto repair use shall be allowed if it meets all of the following additional requirements: a) it involves a maximum building floor area of 5,000 sq. ft.; b) it does not involve auto body work, spray painting of vehicles or sale of fuel; c) it does not involve vehicle repair between the hours of 9:00 p.m. and 6:00 a.m.; and d) it does not involve repair of vehicles with an aggregate gross vehicle weight of greater than 17,000 pounds
*** = See definition of Agriculture Building in § 155.051 but with the additional condition that it was not originally built with metal exterior walls
P = Permitted by use right (zoning decision by Zoning Officer)
SE = Special exception use (zoning decision by Zoning Hearing Board)
N = Not permitted
(§ 155.073) = See additional requirements in § 155.073 for a permitted by right use or § 155.074 for a special exception use
(§ 155.074) = See additional requirements in § 155.074
(§ 155.075) = See additional requirements in § 155.075

Types of Uses (See definitions of uses in § 155.051)	Zoning Districts
	VC	C	I
Accessory Uses
See list of additional permitted uses in division (C) below, such as “Residential Accessory Structure or Use” See Additional Requirements in § 155.075 for specific accessory uses
Bees, keeping of	P	P	P
Bus shelter (§ 155.075) along a public bus route	P	P	P
Composting (§ 155.075), other than leaves, tree bark or materials generated on-site which are permitted by right	N	SE	SE
Day care center accessory to and on the same lot as an existing lawful place of worship, with a minimum lot area of 2 acres	P	P	P
Day care (§ 155.075) as accessory to an existing dwelling:
- Day care of a maximum of 3 adults or youth, in addition to “relatives” of the caregiver	P	P	P
Day care (§ 155.075) as accessory to a dwelling:
- Family day care home	P	P	SE
- Group day care home	P	P	SE
Farm-based business (§ 155.075)	P	P	P
Home occupation, major (§ 155.075)	SE	SE	P
Home occupation, minor (§ 155.075)	P	P	P
Outdoor storage and display as accessory to a business use shall also comply with §§ 155.092 and 155.093	P	P	P
Parking lot for carpooling (see also miscellaneous uses below)	P	P	P
Retail sales of agricultural commodities (§ 155.075)	P	P	P
Temporary retail sales - see § 155.022(g)	P	P	P
Timber harvesting	P	P	P
Unit for care of relative (§ 155.075)	P	P	P
Commercial Uses
Academic clinical research center		SE	SE
Adult use (§ 155.074)	N	N	SE
After hours club - to the extent the use is not prohibited by State Act 219 of 1990	N	N	N
Airport, private or public (§ 155.074) (see also “Heliport”)	N	N	SE
Amusement arcade	N	P	N
Amusement park or water park	N	P	N
Animal cemetery (§ 155.074)	N	SE	SE
Auditorium (commercial), arena, performing arts center or exhibition - trade show center	N	P	N
Auto, boat or mobile/manufactured home sales (§ 155.073)	N	P	N
Auto repair/body shop or auto service station (§ 155.073)	N**	P	N
Bakery, retail	P	P	P
Bed and breakfast inn, which shall meet regulations listed for the use in § 155.074	P	P	P
Betting use, beyond gambling that is allowed under state law through the lottery or small games of chance	N	N	N
Beverage distributor (wholesale and/or retail)	P	P	P
Bus maintenance or storage yard	N	P	P
Bus stop for inter-city bus service (other than bus maintenance or storage yard)	P	P	P
Bus stop for local bus service	P	P	P
Campground (§ 155.073) other than recreational vehicle campground	SE	P	P
Campground, recreational vehicle (§ 155.073), which may include an accessory camp store that is primarily for use by campers	N	SE	SE
Car wash (§ 155.073)	N	P	N
Catering, custom, for off-site consumption	P	P	P
Conference center	P	P	P
Construction company or tradesperson’s headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as home occupation. Accessory outdoor storage shall be permitted provided it meets the buffer requirements of § 155.092(D)	P	P	P
Crafts or artisan’s studio (see also as home occupation)	P	P	P
Custom printing, copying, faxing, mailing or courier service	P	P	P
Dispensary		SE	SE
Exercise club	P	P	P
Financial institution (includes banks), with any “drive-through” facilities meeting § 155.075	P	P	P
Flea market/auction house	P	P	P
Funeral home	P	P	P
Garden center, retail	P	P	P
Gas station - see auto service station
Golf course (§ 155.073)	P	P	P
Gun club/outdoor target range, for firearms (§ 155.074)	N	N	SE
Heliport (see provisions in § 155.074 under airport or heliport)	N	N	SE
Hotel or motel (§ 155.073)	P	P	P
Kennel (§ 155.074)	N	SE	SE
Laundromat	P	P	P
Laundry, commercial or industrial	N	P	P
Lumber yard	N	P	P
Medical marijuana delivery vehicle office		SE	SE
Motor vehicle racetrack (§ 155.074)	N	N	SE
Nightclub (§ 155.073)	N	SE	N
Office (may include medical labs, see also home occupations)	P	P	P
Pawn shop	N	P	N
Personal services (includes tailoring, custom dressmaking, haircutting/styling, travel agency, drycleaning, shoe repair, “massage therapy, certified” and closely similar uses) (See also home occupation)	P	P	P
Picnic grove, commercial (§ 155.073)	P	P	P
Plant nursery (other than a retail garden center)	P	P	P
Propane retail distributor, other than pre-packaged sales, with a 150 feet minimum setback required between any storage or dispensing facilities and any residential district, and with fire company review	N	N	SE
Recording studio, music	P	P	P
Recreation, commercial indoor (§ 155.073 under “commercial indoor recreation”) (includes bowling alley, roller or ice skating rink, batting practice, and closely similar uses); other than uses listed separately in this section	SE	P	P
Recreation, commercial outdoor (§ 155.073, including miniature golf course, golf driving range, archery, paintball and closely similar uses); other than uses listed separately in this section	SE	P	P
Repair service, household appliance	P	P	P
Restaurant or banquet hall (§ 155.073)
- With drive-through service (§ 155.075)	N	P	N
- Without drive-through service	P	P	N
Retail store (not including uses listed individually in this section) or shopping center	P *2	P	N
Self-storage development	N	P	P
Target range, firearms, completely indoor and enclosed (see also gun club)	P	P	P
Tattoo or body piercing establishment (other than temporary tattoos or ear piercing, which are personal service uses)	N	P	N
Tavern which may include a state-licensed micro-brewery or micro-distillery (not including an after hours club or nightclub)	SE	SE	N
Theater, indoor movie, other than an adult use	N	P	N
Timber harvesting	P	P	P
Trade/hobby school	P	P	P
Veterinarian office (§ 155.073)	P	P	P
Wireless communications facility (§ 155.074)
- Meeting § 155.074 pertaining to antenna placed on certain existing structures	P	P	P
- Other than above (such as freestanding towers)	N	N	SE
Wholesale sales - see under industrial uses
Industrial Uses
Asphalt plant	N	N	SE
Assembly or finishing of products using materials produced elsewhere (such as products from plastics manufactured off-site)	N	N	P
Building supplies and building materials, wholesale sales of	N	N	P
Distribution as a principal use (other than trucking company terminal)	N	N	P
Grower/processor		SE	SE
Industrial equipment sales, rental and service, other than vehicles primarily intended to be operated on public streets	N	P	P
Junk - outdoor storage, display or processing of, other than within an approved junkyard or solid waste disposal area	N	N	N
Junkyard (§ 155.074)	N	N	SE
Liquid fuel storage, bulk, for off-site distribution, other than: auto service station, retail propane distributor as listed separately, pre-packaged sales or fuel tanks for company vehicles	N	N	SE
Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
- Agricultural chemicals, fertilizers or pesticides	N	N	SE
- Apparel, textiles, shoes and apparel accessories (see also crafts studio)	N	N	P
- Cement manufacture	N	N	SE
- Ceramics products (other than crafts studio)	N	N	P
- Chemicals, manufacture or bulk processing of toxic or “extremely hazardous substances” in amounts in excess of the U.S. EPA threshold planning quantity or substances with similar characteristics	N	N	SE
- Chemical products, other than pharmaceuticals and types listed separately (see above)	N	N	SE
- Clay, brick, tile and refractory products	N	N	P
- Computers and electronic and microelectronic products	N	N	P
- Concrete, cement, lime and gypsum products, other than actual manufacture of cement	N	N	SE
- Electrical equipment, appliances and components	N	N	P
- Explosives, fireworks or ammunition	N	N	N
- Fabricated metal products (except explosives, fireworks or ammunition) and/or machine shops	N	N	P
- Food (human) and beverage products, at an industrial scale as opposed to a clearly retail scale, including but not limited to processing, bottling and related trucking of water removed from a site (not including uses listed individually in this section)	N	P	P
- Food products for animals	N	N	P
- Gaskets	N	N	P
- Glass and glass products (other than crafts studio)	N	N	P
- Incineration, reduction, distillation, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal (other than within an approved solid waste facility)	N	N	N
- Jewelry and silverware	N	N	P
- Leather and allied products (other than crafts studio or tannery)	N	N	P
- Machinery	N	N	P
- Manufactured or modular housing manufacture	N	N	P
- Medical equipment and supplies	N	N	P
- Metal products, primary	N	N	SE
- Mineral products, non-metallic (other than mineral extraction)	N	N	SE
- Paper and paper products (including recycling, but not including manufacture of raw paper pulp)	N	N	P
- Paper - raw pulp	N	N	SE
- Paving materials, other than bulk manufacture of asphalt	N	N	SE
- Pharmaceuticals and medicines	N	N	P
- Plastics, polymers, resins, vinyl, coatings, cleaning compounds, soaps, adhesives, sealants, printing ink or photographic film	N	N	SE
- Products from previously manufactured materials, such as glass, leather, plastics, cellophane, textiles, rubber or synthetic rubber	N	N	P
- Prototypes, as accessory to a research and development principal use	N	P	P
- Roofing materials and asphalt saturated materials or natural or synthetic rubber	N	N	SE
- Scientific, electronic and other precision instruments	N	N	P
- Sporting goods, toys, games, musical instruments or signs	N	P	P
- Transportation equipment	N	N	P
- Wood products and furniture (not including raw paper pulp)	N	P	P
- See § 155.024 for uses that are not listed in mineral extraction (§ 155.073) and related processing, stock-piling and storage of materials removed from the site, but including ground water or spring water withdrawals	N	SE	SE
Packaging	N	P	P
Package delivery services distribution center	N	N	P
Petroleum refining	N	N	SE
Photo processing, bulk	P	P	P
Printing or bookbinding	P	P	P
Recycling center, bulk processing, provided all operations of an industrial scale occur within an enclosed building (this use does not include a solid waste disposal or transfer facility)	N	SE	P
Research and development, engineering or testing facility or laboratory (other than medical laboratories, which is considered an office use)	N	P	P
Sawmill/planing mill	N	P	P
Slaughterhouse, stockyard or tannery, with a 400 feet minimum setback from all lot lines	N	N	SE
Solid waste landfill (§ 155.073)	N	N	SE
Solid waste transfer facility or waste to energy facility (§ 155.073)	N	N	N
Timber Harvesting	P	P	P
Trucking company terminal (§ 155.073)	N	N	SE
Warehousing or storage as a principal use	N	N	P
Warehousing or storage as an on-site accessory use	P	P	P
Welding	N	P	P
Wholesale sales (other than motor vehicles)	N	P	P
Institutional/Semi-Public Uses
Cemetery (§ 155.073, see crematorium listed separately)	P	P	P
College or university - educational and support buildings (other than environmental education center)	P	P	P
Community recreation center (limited to a government sponsored or non-profit facility) or library	P	P	P
Crematorium	N	SE	SE
Cultural center or museum	P	P	P
Day care center, adult (§ 155.073)	P	P	P
Day care center, child (§ 155.073) (see also as an accessory use)	P	P	P
Dormitory as accessory to a college, university or primary or secondary school	N	SE	N
Emergency services station (§ 155.074)	SE	SE	SE
Hospital (§ 155.074)	N	SE	SE
Hunting and fishing club. This term shall not include uses listed separately in this section	P	P	P
Maintenance facilities for on-site grounds maintenance which shall be required to separated by landscaped screening from any dwellings	P	P	P
Membership club meeting and noncommercial recreational facilities, provided that an “after hours club”, “tavern” or uses listed separately in this section shall only be allowed if so listed in this table and if the requirements for that use are also met	P	P	P
Nursing home or personal care home/assisted living	P	P	N
Place of worship (§ 155.073) (includes church)	P	P	P
School, public or private, primary or secondary	P	P	P
Timber harvesting	P	P	P
Treatment center (§ 155.074)	N	SE	SE
Miscellaneous Uses
Animal husbandry (§ 155.073):
- Intensive	N	SE	SE
- Not intensive	SE	SE	P
Commercial stable or riding academy (§ 155.073)	SE	P	P
Crop farming and wholesale greenhouses	P	P	P
Forestry	P	P	P
Ground water or spring water withdrawal, averaging more than 10,000 gallons per day removed from a tract for off-site consumption (§ 155.073) (see also requirements for food and beverage bottling and processing under industrial uses)	N	SE	SE
Nature preserve or environmental education center	P	P	P
Parking lot or structure as an accessory use	P	P	P
Parking lot or structure as a principal use that does not primarily serve tractor-trailer trucks or trailers	P	P	P
Parking lot or structure as a principal use that primarily serves tractor-trailer trucks or trailers	N	N	SE
Sewage sludge/biosolids, land application of	SE	SE	SE
Sewage treatment plant	SE	SE	SE
Timber harvesting	P	P	P
Wind turbine, maximum of 1 per lot, which shall be required to have a setback equal to the total height to the extended tip of the rotors from all lot lines of existing dwellings and residential districts (§ 155.075)	P	P	P
All uses that will be unable to comply with the performance standards of this ordinance. See the “Environmental protection” requirements of §§ 155.110 through 155.124	N	N	N
Public/Semi-Public
Township government uses, other than uses listed separately in this section	P	P	P
Government facility, other than uses listed separately in this section	SE	SE	SE
Prison or similar correctional institution	N	N	SE
Publicly owned or operated recreation park	P	P	P
Public utility facility (see also § 155.032) other than uses listed separately in this section	SE	SE	SE
Timber harvesting	P	P	P
Swimming club or non-household swimming pool (§ 155.073)	P	P	P
U.S. postal service facility, which may include a leased facility	P	P	P
Residential Uses
Apartments (§ 155.073), other than conversions of an existing building	N	N	N
Boarding house (includes rooming house) (§ 155.073)	N	SE	N
Conversion of an existing building to result in an increased number of dwelling units (see also “unit for care of relative” under accessory uses)	SE	SE	N
Coordinated Zoning along Municipal Borders Development Option (§ 155.077)	N	N	P
Group home within a lawful existing dwelling unit (§ 155.073), not including a treatment center	P	P	P
Manufactured/mobile home park (§ 155.073)	N	N	N
Single-family detached dwelling (note - manufactured/mobile homes shall meet the additional requirements of § 155.073)	P	P	N
Timber harvesting	P	P	P
Townhouse (rowhouse) (§ 155.073)	N	N	N
Twin (or two-family) dwelling (side-by-side)	N	N	N

(C) Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 155.075 and all other requirements of this chapter:

(1) Standard antennas, including antennas used by contractors to communicate with their own vehicles (see standard for each in § 155.075);

(2) Fence or wall (see standard for each in § 155.075);

(3) Garage, household;

(4) Garage sale;

(5) Pets, keeping of (see standard for each in § 155.075);

(6) Parking or loading, off-street, only to serve a use that is permitted in that district;

(7) Recreational facilities, limited to use by: residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests;

(8) Residential accessory structure (see definition in § 155.051) (see standard for each in § 155.075);

(9) Signs, as permitted by §§ 155.135 through 155.146;

(10) Swimming pool, household (see standard for each in § 155.075); and

(11) Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Hearing Board is clearly customary and incidental to a “permitted by right” or “special exception principal use”.

(D) Permitted accessory uses to business and institutional uses. The following are permitted by right accessory uses only to a permitted by right or special exception commercial, industrial or institutional use, provided that all requirements of this chapter are met:

(1) Storage of fuels for on-site use or to fuel company vehicles;

(2) The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:

(a) Internal cafeteria without drive-through service;

(b) Day care center; or

(3) Bus shelters meeting § 155.075;

(4) Automatic transaction machine; and

(5) Storage sheds meeting the requirements of § 155.069.

(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013; Ord. 140, passed 5-7-2015; Ord. 153, passed 8-17-2017; Ord. 157, passed 9-6-2018; Ord. 161, passed 4-18-2019; Ord. 168, passed 8-18-2022; Ord. 170, passed - -2023)

§ 155.069 DIMENSIONAL REQUIREMENTS IN EACH DISTRICT.

(A) Generally. The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 155.073, 155.074 or 155.075 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 155.051.

Zoning District: Type of Use

Min. Lot Area (sq. ft.) (Note E)

Min. Lot Width Measured at Min. Building Setback Line (ft.)

Min. Front Yard Setback (ft.) (Note D)

Min. Rear Yard Setback (ft.) **

Min. Side Yard Setback ** (each) (ft.)

Maximum Percent Building Coverage

Maximum Percent Impervious Coverage

Zoning District: Type of Use	Min. Lot Area (sq. ft.) (Note E)	Min. Lot Width Measured at Min. Building Setback Line (ft.)	Min. Front Yard Setback (ft.) (Note D)	Min. Rear Yard Setback (ft.) **	Min. Side Yard Setback ** (each) (ft.)	Maximum Percent Building Coverage	Maximum Percent Impervious Coverage
CON Conservation District	87,120 (2 acres), unless a larger lot area is required by § 155.112	200	50	50	25	10%	15%
AC Agricultural Conservation District	The provisions of § 155.070 shall apply
R-A Rural Agricultural District See the option for conservation/open space development option in § 155.076	87,120 (2 acres), unless a larger lot area is required by § 155.112	175	35	50	25	15%	20%
RS-R Residential Suburban Residential District
Single-family detached dwelling without township-approved central water service and without township-approved central sewage service	43.560 (1 acre)	120	30	50	15	20	40%
Single-family detached dwelling with township- approved central water but without township- approved central sewage service	39,000	120	30	50	15	20	40%
Single-family detached dwelling with township- approved central sewage service but without central water service	27,000	120	30	25	10	30	50%
Single-family detached dwelling with both township-approved central water and township- approved central sewage services	12,000	70	30	25	10	30	50%
Townhouse, which shall only be allowed in a open space development if both township-approved central water and township- approved central sewage services are provided	Minimum average lot area of 7,000 per dwelling unit (Note C)	22 per interior dwelling unit, and 45 for each end unit (Note B)	25	25	10, except 0 at the shared lot line of lawfully attached dwellings	40%	50%
Twin dwelling, which shall only be allowed if both township-approved central water and township-approved central sewage services are provided	7,000 per dwelling unit	60 per dwelling unit	30	25	10, except 0 at the shared lot line of lawfully attached dwellings	30	50%
Other allowed principal use	43,560 (1 acre)	120	30	50	15	20	50%
All dwellings shall have a minimum principal building width and length of 20 feet (not including unenclosed structures)
S-R Suburban Residential District
Apartments (including two-family detached dwellings) which shall only be allowed if both township-approved central water and township- approved central sewage services are provided	Minimum average lot area of 6,500 per dwelling unit (Note C)	120	25	25	10, except 0 at the shared lot line of lawfully attached dwellings	40%	50%
Single-family detached dwelling without township-approved central water service and without township-approved sewage services	43,560	150	25	25	15	20%	40%
Single-family detached dwelling with township- approved central water but without township- approved central sewage services	39,000	150	25	25	15	20%	40%
Single-family detached dwelling with township- approved central sewage service but without central water service	27,000	100	25	25	10	30%	50%
Single-family detached dwelling with both township-approved central water and township- approved central sewage services	7,500	75	25	25	10	30%	50%
Townhouse: which shall only be allowed if both township-approved central water and township- approved central sewage services are provided	Minimum average lot area of 7,000 per dwelling unit (Note C)	20 per interior dwelling unit, and 40 for each end unit (Note B)	25	25	10, except 0 at the shared lot line of lawfully attached dwellings	40%	50%
Twin dwelling which shall only be allowed if both township-approved central water and township- approved central sewage services are provided	6,000	35 per dwelling unit	25	25	10, except 0 at the shared lot line of lawfully attached dwellings	40%	50%
Other allowed principal use	40,000	100	25	25	15	30%	50%
Manufactured home parks shall meet the requirements for such use as stated in §§ 154.090 through 154.093 instead of the requirements of this section
VC Village Commercial and VR Village Residential District
Single-family detached dwelling without township-approved central water service and without township-approved sewage services	43,560 (1 acre)	120	20	20	5	40%	60%
Single-family detached dwelling with township- approved central water but without township- approved central sewage services	39,000	120	20	20	5	40%	60%
Single-family detached dwelling with township-approved central sewage service but without central water service	27,000	120	20	20	5	40%	60%
Single-family detached dwelling with both township-approved central water and township- approved central sewage services	9,000	60	20	20	5	40%	60%
Twin dwelling, which shall only be allowed if both township-approved central water and township-approved central sewage services are provided	7,000 per dwelling unit	50 per dwelling unit	20	20	5, except 0 at the shared lot line of lawfully attached dwellings	40%	60%
Other allowed principal use	43,560 (1 acre)	120	20	20	5	40%	60%
C Commercial District	40,000, except 10,000 if a lot is served by both central water and central sewage services	150, except 80 for a lot that will not have its own vehicle access directly onto Route 29 or Route 100 and that will have central water and central sewage services	50	40 (Note A)	20 (Note A)	25%, except 35% for a lot that is served by both central water and central sewage services	60%, except 75% for a lot that is served by both central water and central sewage services
I Industrial District	40,000	120	50	50 (Note A)	15 (Note A)	30%	75%
See the option for Coordinated Zoning along Municipal Borders Development Option in compliance with § 155.077 .
Corner lot setback, see § 155.092(B)(1)
** = The following exceptions shall apply:
- For accessory structures and uses, see division (C) below
- Structures shall not obstruct minimum sight clearance at intersections
- See § 155.092(B) pertaining to corner lots
- See § 155.096 regarding extension of nonconforming setbacks
(Note A) = Except 40 feet side and 50 feet rear for a principal business use from a directly abutting principal residential lot in a residential district. A side or rear yard shall be increased to 100 feet for any new or expanded portion of an industrial building or tractor-trailer truck loading dock from the lot line of a primarily residential use in a residential district.
(Note B) = Except if 2 or more side-by-side off-street parking spaces are located in the front yard of a townhouse or if garage door(s) for 2 or more vehicles face onto the street in the front of the townhouse, then the minimum building width per dwelling along such street shall be a minimum of 24 feet. A maximum of 50% of the land area between the front of each townhouse and the right-of-way line shall be used for vehicle parking and driveways.
(Note C) = These provisions are intended to allow flexibility in the placement of individual dwelling units, regardless of whether the homes are condominium or fee-simple, and regardless of whether public streets, private streets, or parking courts are used.
- The minimum average lot area per dwelling unit establishes the maximum number of units permitted on a tract of land.
- The minimum average lot area per dwelling unit shall be calculated after deleting existing street right-of-way of existing streets and alleys, but shall include: right-of-way of proposed streets and alleys and areas of parking courts, common open space, and stormwater detention basins.
- Land areas of a golf course (not including areas covered by buildings or paving) may be counted towards the overall tract size for the purposes of calculating density if the golf course includes more than 20 acres of land (which may include abutting land in another municipality), and if all areas used to count towards the density are preserved by a permanent conservation easement that is enforceable by Upper Milford Township.
(Note D) = Setbacks shall be measured from the future/ultimate right-of-way. An unenclosed front porch or deck may intrude up to 10 feet into the minimum front yard. This porch or deck may be covered by a roof.
(Note E) = See natural feature regulations, including § 155.112 for steep slopes. The minimum lot area is per dwelling unit unless otherwise stated.
Abbreviations: sq. ft. = square feet min. = minimum max. = maximum ft. = feet

(B) Height. Except as provided in § 155.091, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:

(1) Any structure that is accessory to a dwelling and that does not meet the setbacks for a principal building shall have a maximum of two stories (with the second story limited to non-habitable storage areas) or 25 feet, whichever is more restrictive; and

(2) The maximum height for any other structure shall be three stories or 40 feet, whichever is more restrictive.

(1) Accessory structures and uses shall meet the minimum yard setbacks provided for in division (A) above, unless otherwise provided for in this chapter, including this division (C).

(2) The minimum side and rear yard setback apply for a permitted detached structure that is

accessory to a dwelling shall be ten feet in the CON or R-A districts and five feet in other districts, except in the following cases.

(a) The minimum rear setback shall be reduced to three feet for a residential accessory storage shed having a total floor area of less than 150 square feet.

(b) A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.

(c) A residential porch or deck that is unenclosed may extend a maximum of 15 feet into the required rear setback. Such porch or deck may be covered by a roof or awning. Space under an unenclosed porch may be used for household storage. See Note D above considering front yard setbacks.

(d) See § 155.075 for “noncommercial swimming pools”.

(e) If any accessory building or pool is constructed adjacent to a street (such as a rear yard on a lot that is adjacent to a street along the front lot line and another street along the rear lot line), then the building or pool shall be separated from such street by a buffer yard meeting § 155.092.

(3) No accessory building and no swimming pool shall be allowed in the minimum front yard.

(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013; Ord. 140, passed 5-7-2015; Ord. 157, passed 9-6-2018; Ord. 168, passed 8-18-2022)

§ 155.071 AGE RESTRICTED RESIDENTIAL DEVELOPMENT.

(A) This section provides a density bonus, where allowed by § 155.068(B), for a residential development that is age restricted in compliance with the federal requirements for “housing for older persons” as specified in the United States Code. (Note: as of 2008, such provisions were in 42 U.S.C. § 3607.) This provision shall not change the allowed dwelling types in the district. This option is available as a by right bonus in any zoning district where dwellings are allowed.

(B) (1) In order to be approved by the township as age restricted residential development, every dwelling unit (except one dwelling unit for one manager) on a tract of land shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations:

(a) A minimum of one head of household of each dwelling unit shall be age 55 years or older or who is physically disabled as defined by Social Security disability regulations; and

(b) No person under age 18 shall live in the dwelling unit for more than 60 days in any calendar year, unless such person has a disability as defined under federal fair housing regulations.

(2) Any violation of such age restrictions shall be a violation of this zoning chapter. In addition, in order to be approved as age restricted development, the applicant shall establish an appropriate legal entity, such as a property owners association that has the duty, authority and responsibility to enforce such age restrictions over time. If a household met this requirement at the time of initial occupancy, it shall not be required to move in case of death, divorce or separation of a resident of that same household.

(C) If an entire residential development is approved under this section, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. Alternatively, where density is stated in terms of a maximum number of dwelling units per acre, the maximum density may be increased by 15% under this section. The minimum side yards may also be reduced by 15%. An age restricted residential development shall meet all other requirements of township ordinances, including limitations on the housing types allowed in that zoning district.

(D) This density bonus shall only be approved if the development includes an appropriate system of sidewalks or pathways that is accessible under the Americans With Disabilities Act.

(Ord. 126, passed 3-18-2010)

§ 155.072 HISTORIC BUILDINGS.

(A) Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:

(1) Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and architectural resources;

(2) Establish a clear process to review and approve demolition of designated historic buildings;

(3) Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings;

(4) Implement §§ 603(b) (53 P.S. §§ 10603(b)), 603(g) (53 P.S. §§ 10603(g)), 604(1) (53 P.S. §§ 10604(1)) and 605(2) (53 P.S. §§ 10605(2)) of the Pennsylvania Municipalities Planning Code which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value;

(5) Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings; and

(6) Carry out recommendations of the regional Comprehensive Plan.

(B) Applicability.

(1) This section shall apply to any principal building designed on any adopted Historic Buildings Map. Such Historic Buildings Map shall serve as a Historic Overlay District. Such Map is intended to be adopted as a future amendment to this chapter.

(2) Any partial or complete demolition of a principal building regulated by this section shall only occur in compliance with this section.

(3) (a) DEMOLITION shall be defined as the dismantling, tearing down, removal or razing of the exterior of a building, in whole or in part. This term shall not include changes to the interior of a building, provided such changes do not alter the structural integrity of the building.

(b) A partial demolition shall include, but not be limited to, removal of an attached porch roof, removal of porch columns and removal of exterior architectural features.

(D) Approval of demolition.

(1) A building regulated by this section shall not be demolished, in whole or in part, unless the applicant proves to the satisfaction of the Zoning Hearing Board as a special exception use that one or more of the following conditions exists:

(a) The existing building cannot feasibly and reasonably be reused, and that such situation is not the result of intentional neglect or demolition by neglect by the owner;

(b) The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created;

(c) The demolition is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of the building regulated by this section. For example, a demolition may be needed for a necessary expansion of an existing public building or to allow a street improvement that is necessary to alleviate a public safety hazard; or

(d) The existing building has no historical or architectural significance and the demolition will not adversely impact upon the streetscape. To meet this condition, the applicant may present information concerning the proposed design of any replacement building or use to show that the proposed building or use will result in a net improvement to the streetscape.

(2) For approval of a demolition, the standards of this section shall apply in place of the general conditional use standards. In reviewing the application, the Zoning Hearing Board shall consider the following:

(a) The effect of the demolition on the historical significance, streetscape and architectural integrity of neighboring historic buildings and on the historic character of the surrounding neighborhood; and

(b) The feasibility of other alternatives to demolition.

(3) A complete application for the demolition shall be submitted by the applicant in writing. This application shall include the following:

(a) The name, address and daytime telephone number of the owner of record and the applicant for the demolition;

(b) Recent exterior photographs of the building proposed for demolition. If the applicant is alleging that the building cannot be reused or rehabilitated, then interior photos and floor plans shall be provided as needed to support the applicant’s claim;

(d) A written statement of the reasons for the demolition; and

(e) The proposed use of the site, and a proposed timeline for development of that proposed use.

(4) Evidence: the applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused.

(5) Emergency: the Zoning Officer may issue a permit for the demolition without compliance with this section if the Building Inspector certifies in writing that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.

(6) Where new construction or vehicle parking is proposed in place of the demolished building, information about the proposed use shall be provided prior to approval of the demolition.

(7) A separate demolition permit shall also be required under the Township Construction Codes, and the applicant shall prove compliance with State Department of Environmental Protection requirements for disposal of the debris.

(E) Exceptions. Special exception use approval shall not be needed for the following:

(1) Demolition of accessory buildings or structures;

(2) Interior renovations or removal of features (such as a rear porch) that do not harm the structural stability of the building and that are not visible from a public street (not including an alley);

(3) Removal of features that were added after 1945, such as a modern porch or aluminum siding or carport; and

(4) Relocation of a building within the township, provided that the relocation does not result in a partial or complete demolition that is regulated by this section.

(Ord. 126, passed 3-18-2010)

§ 155.073 ADDITIONAL REQUIREMENTS FOR CERTAIN PERMITTED BY RIGHT USES.

(A) Compliance required. Each of the following uses should also comply with the additional requirements for that use listed in this section.

(B) Additional requirements.

(1) Animal hospital.

(a) A minimum lot size of at least two acres shall be required for those animal hospitals treating small animals (e.g., cats, birds and exotic animals). A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals (e.g., cattle, horses and the like).

(b) All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

(c) Outdoor animal runs may be provided for small animals so long as a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.

(2) Animal husbandry.

(a) The use shall be conducted on a lot at least ten acres in size.

(b) 1. Any new building used for the overnight confinement of animals shall be setback a minimum of 200 feet from any lot line of a lot occupied by a dwelling, unless the owner of record of that other lot provides a written waiver allowing a smaller setback. Such setback shall only apply for dwellings that existed at the time of the zoning application. A larger setback is required in division (B)(2)(d) below for certain uses.

2. Manure storage facilities shall meet setbacks required by the State Nutrient Management Act regulations. Where such Act does not require a minimum setback from a lot line, then the minimum setback shall be 100 feet from all lot lines for a manure storage facility.

(c) Any addition to an existing building used for the overnight confinement of animals shall be setback a minimum of 150 feet from any lot line of a lot occupied by a dwelling, unless the owner of record of that other lot provides a written waiver allowing a smaller setback. Such setback shall only apply for dwellings that existed at the time of the zoning application. A larger setback is required in division (B)(2)(d) below for certain uses.

(d) Section 155.074(E)(5) shall apply for intensive animal husbandry uses.

(3) Auditorium.

(a) A 20-foot buffer yard shall separate an off-street parking area from an adjoining lot line.

(b) No lighting shall be permitted which will shine on adjacent property.

(4) Auto, motorcycle, boat or recreational vehicle sales. No vehicle on display shall occupy any part of the street right-of-way, required yard areas or required parking area.

(5) Auto repair garage or auto body shop.

(a) All repair and paintwork shall be performed within an enclosed building.

(b) All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.

(c) Outdoor storage of autos and other vehicles shall not exceed three times the indoor repair area, shall only be back off the front yard line and shall be no closer than 20 feet from side and rear lot lines.

(d) Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.

(6) Auto service station.

(a) All activities except those performed at the fuel pumps shall be performed within a completely enclosed building.

(b) Fuel pumps shall be at least 25 feet from any future street right-of-way or 50 feet from the street centerline, whichever is greater.

(d) Full body paint spraying or body and fender work shall not be permitted.

(e) Automobiles that are taken to a service station for outside storage because of an accident may remain no longer than 60 days from the day the car arrives at the station.

(7) Bus station.

(a) Shall be on a lot abutting an arterial or collector street (as defined on the Official Street Classification Map); and

(b) Shall provide an area for the loading and unloading of buses separate from required off-street parking areas.

(8) Car wash.

(a) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(b) Access points shall be limited to two on each street abutting the lot.

(d) Signs and outdoor lighting shall be in accordance with this chapter.

(e) Adequate provisions shall be made for the proper and convenient disposal of refuse.

(f) Centralized sewage disposal facilities and centralized water supply facilities shall be provided.

(9) Cemetery. Shall be on a lot at least two acres in area.

(10) Commercial indoor recreation.

(a) No loudspeaker or amplifying device shall be permitted which will project sound that is perceptible within a dwelling on another lot.

(b) No lighting shall be permitted which will shine on adjacent properties.

(11) Commercial outdoor recreation.

(a) No loudspeaker or amplifying device shall be permitted which will project sound that is perceptible within a dwelling on another lot.

(b) No lighting shall be permitted which will shine on adjacent property.

(12) Commercial stable or riding academy.

(a) The use shall be conducted on a lot no smaller than ten acres in size.

(b) No new agricultural buildings, animal shelters, stables, or feed yards shall be located closer than 500 feet from all dwellings except the dwelling of the owner or lessee, or from all residential district boundaries. New manure storage locations and amounts shall be consistent with the Nutrient Management Act.

(c) No additions to existing agricultural buildings, animal shelters, stables, or feed yards shall be located closer than 150 feet from all property lines, residential district boundaries and dwellings except the dwelling of the owner or lessee. New manure storage locations and amounts shall be consistent with the Nutrient Management Act.

(13) Community/cultural center. No outdoor recreation area shall be located closer to any lot lines than the required front yard depth in the zoning district.

(14) Emergency services station. Shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.

(15) Financial establishment. Any drive-in window(s) shall be located, along with attendant lane(s) for vehicles, to ensure that traffic conflicts and hazards are avoided within the site and along the streets and highways adjoining the financial establishment.

(16) Timber harvesting.

(a) It is the intent of this section to regulate timber harvesting practices and to allow for and encourage proper forest management to ensure:

1. That long-term production of forest crops and benefits is encouraged.

2. That the right to harvest trees is exercised with due regard for the protection of the physical property of adjacent landowners.

3. That the potential for negative environmental impacts resulting from improper tree harvesting is minimized.

(b) This section is not intended to prescribe specific cutting practices, to prevent or hinder any landowner from realizing financial return from the sale of trees, to prevent or hinder tree harvesting or forest industry operators from pursuing their business, or to regulate timber harvesting for home use, non-commercial timber stand improvement work or for the conversion of forest land to other uses where forest management practices relating to timber production and harvesting are no longer practical.

1. The provisions and requirements of this section shall apply to all tree harvesting operations within the township, except that notification and submission of plans shall be required only as specified in division (B)(16)(b)3.f. and g. of this section.

2. It shall be the responsibility of each landowner on whose land tree harvesting is to be carried out to have a professional forester or forest technician develop or have developed the logging plan and submit notification as required in this section. It is the joint responsibility of the landowner and the operator of the timber harvest to comply with the provisions of the logging plan.

3. Regulations.

a. A logging plan shall be prepared for each timber harvesting operation within the township by a professional forester or forest technician.

b. The logging plan shall address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations issued under the Act of June 22, 1937 (Clean Streams Law) and Chapter 105, Dam and Waterway Management Rules and Regulations issued under the Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachments Act), as amended, or subsequent applicable legislation.

c. Points that shall be addressed by the logging plan shall include the following at a minimum:

i. Design of the road system.

ii. Water control structures.

iii. Stream crossings.

iv. Log landings.

v. Haul roads, skid roads, and skid trails.

vi. Maintenance of items i. through v. above.

vii. Road and log landing requirement.

viii. General location of the anticipated operation in relation to municipal and state roadways.

ix. Location of property boundaries for the tract in which the logging will take place and the boundaries of the proposed harvest area.

x. A cutting practice or stand prescription for each stand located in the proposed harvest area.

xi. Copies of all required permits shall be submitted as an appendix to the logging plan.

xii. Copies of the timber sale map and erosion and sedimentation plan.

d. The logging plan required by division (B)(16)(b)3.b. of this section shall satisfy the requirements of this section if points c.viii. through x. above are also addressed.

e. The logging plan, the timber sale map, and the erosion and sedimentation plan shall be available at the timber harvesting site.

f. For all timber harvesting operations that are expected to exceed five acres, the Township Enforcement Officer shall be notified in writing both prior to the commencement of the operation and at the end of the operation.

g. In addition to any notification required by division (B)(16)(b)3.f. above, a copy of the written logging plan shall be on site and submitted to the Township Enforcement Officer upon request.

h. The erosion and sedimentation control and stream crossing requirement set forth in the logging plan shall be followed at all times during the operation.

i. The following requirements shall govern all timber harvesting operations:

i. Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the township or the Pennsylvania Department of Transportation, whoever is responsible for maintenance of the thoroughfare.

ii. No tops or slash shall be left within 25 feet of any public thoroughfare.

iii. All tops and slash between a distance of 25 and 50 feet from a public thoroughfare shall be lopped to a maximum height of four feet above the surface of the ground.

iv. All tops and slash shall be cut to a minimum of five above the surface of the ground unless otherwise prescribed in the logging plan.

v. All trees to be cut shall be marked above and below stump height with tree marking paint prior to the start of logging.

vi. No tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner.

vii. All litter resulting from a logging operation shall be cleaned up and removed from the site before it is vacated by the operator.

viii. Logging within 75 feet of each side of a trout stream is prohibited unless all of the following conditions have been met:

A. The basal area of trees in that area within the 75 foot zone shall not be reduced below 50% of the basal area present before cutting or below 65 square feet per acre, whichever is greater.

B. Care should be taken not to remove only the highest quality of trees in the area.

C. The name and location of all trout streams which cross the area to be logged shall be clearly indicated on the logging plan map.

4. Enforcement.

a. The Township Enforcement Officer may enter the site of any tree harvesting operation before, during and/or after active timber harvesting to review plans and other required documents to ensure that such plans and documents are in compliance with the provisions of the Zoning Code and to ensure that the actual operation is proceeding in compliance with those plans. It is recommended that the landowner or landowner's representative be invited to be present during any site visit.

b. Any timber harvesting operating found to be proceeding without the required logging plan shall immediately cease operations and not resume operations until a plan is submitted and approved by the Township Enforcement Officer.

c. Whenever a timber harvesting operation violates any provision of the Zoning Code, the township may seek enforcement remedies and penalties as authorized by § 155.999.

d. In addition to the foregoing, whenever the Township Enforcement Officer finds a condition in a timber harvesting operation to be causing an immediate environmental risk, the Township Enforcement Officer shall immediately order operations to cease, and contact the Lehigh County Conservation District and request enforcement of the rules and regulations referenced in this section.

(17) Golf course.

(a) No fairways, green or other use area shall be located closer than 50 feet to a rear or side property line.

(b) No building shall be less than 100 feet from any lot line.

(18) Group home.

(a) There shall be no more than six residents, unless specifically approved otherwise under § 155.029.

(b) There shall be 24-hour supervision by people qualified by training and experience in the field for which the group home is intended.

(d) Any medical or counseling services provided shall be done so only for residents.

(e) One off-street parking space shall be provided for:

1. The supervisor;

2. Each additional employee per shift; and

3. Every two residents.

(f) The group home activity shall not be related to criminal rehabilitation of either juveniles or adults.

(g) If the group home is an existing or new structure, located in a residential district or subdivision, it shall be maintained and/or constructed to ensure that it is similar in appearance, condition and character to the other residential structures in the area.

(h) The group home shall register its location, number of residents and sponsoring agency with the township and such information shall be available to the public.

(i) If there is a change of sponsor, management or type of client in the group home, the use shall be reconsidered by the township.

(j) A statement setting forth full particulars on the operation to be conducted and to include the approvals of the Pennsylvania Department of Health, Labor and Industry, State and Public Welfare, Human Relations Commission as well as to Title VI of the Civil Rights Act of 1964, being 42 U.S.C. §§ 2000d et seq. shall be filed with the township where applicable.

(k) The group home shall provide the township with a certificate of certification on an annual basis.

(l) This use shall not include a treatment center.

(19) Greenhouse/nursery. Off-street parking shall be provided and designed to prohibit vehicles from backing out onto a street or highway.

(20) Hotel/motel. A restaurant may be permitted as an accessory use to a hotel or a motel.

(21) Laundry/laundromat. Centralized sewage disposal facilities and centralized water supply facilities shall be provided.

(22) Manufactured (mobile) home.

(a) Shall be constructed in accordance with the safety and construction standards of the U.S. Department of Housing and Urban Development;

(b) Shall have a site graded to provide a level, stable and well-drained area;

(d) Shall be securely attached to the ground and installed in accordance with the Construction Code for One- and Two-Family Dwellings and the manufacturer’s instructions:

1. The foundation system shall consist of ten inch diameter concrete piers, concrete footing perpendicular to the main longitudinal frame, or equivalent and shall be installed from ground level to below the frost line (36 inches minimum). This foundation system shall be placed on eight feet centers along each of the two main longitudinal frames for each section of the home with no more than three feet overhang at each end of the section;

2. One-half inch diameter by 12 inch long eyebolts shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing or equivalent. Concrete blocks shall be used to support the home on the foundation system and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation;

3. The manufactured home shall be securely anchored or tied down with cable and turn buckles or equivalent connecting the frame to the cast in place eyebolts on at least four corners and two midpoints. The tie down shall also be in accordance with the manufacturers recommendations furnished with each home;

4. Homes shall not be placed more than four feet above the supporting ground area; and

5. Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home, or a material that has the appearance of a perimeter foundation.

(23) Nursery school/day care center.

(a) No outdoor play area shall be closer than 40 feet to any lot line.

(b) The use shall comply with any applicable county, state and federal regulations.

(24) Picnic grove.

(a) No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.

(b) No lighting shall be permitted which will shine on adjacent properties.

(25) Place of worship. Shall be on a lot at least two acres in area.

(26) Restaurant.

(a) Shall screen all trash containers;

(b) Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives;

(c) May provide an outdoor menu board (which shall not be considered a sign) if drive-up service is provided from within the building to customers in their vehicles; and

(d) Shall provide a visual planting screen, in accordance with § 155.093(D), when adjacent to residential properties.

(27) Self-storage development,

(a) All storage units shall be fireproof and waterproof. Each shall have separate ingress and egress secured by a locking device.

(b) Outdoor storage shall be limited to recreational vehicles, campers and boats on trailers parked on paved areas. All such items must be licensed and inspected (if applicable), and in operable condition.

(c) Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins, or similar items shall not be stored.

(d) Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or driveway areas.

(e) Servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.

(f) Adequate lighting shall be provided to illuminate the area, but directed away or shielded to direct light away from adjacent uses.

(28) Swimming club or swimming pool, non-household.

(a) All pools shall be entirely enclosed with a good quality chain-link or preferably a wooden or other equivalent fence of not less than six feet in height.

(b) No loudspeaker or amplifying device shall be permitted which will project sound that is perceptible within a dwelling on another lot.

(29) Truck terminal.

(a) There shall be a one-acre minimum lot size.

(b) A 20-foot buffer yard in accordance with the provisions of § 155.093(D) shall be provided along the side, rear and front lot lines, except for vehicular and pedestrian access areas traversing the yard areas.

(30) Warehouse or wholesale.

(a) Truck parking and loading shall meet the minimum standards of this chapter and in unique situations shall be provided according to maximum standards of the industry for the specific type of warehouse, whole or distribution activity to be conducted.

(b) Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.

(c) No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins, or similar items shall be permitted.

(Ord. 126, passed 3-18-2010; Ord. 161, passed 4-18-2019; Ord. 170, passed - -2023)

§ 155.074 SPECIAL EXCEPTION USES.

(A) Purpose. Before a zoning permit is granted for any use listed as a special exception use in this chapter, a site plan shall be reviewed by the Planning Commission and approved by the Zoning Hearing Board. This procedure is provided because of the considerable impact that these uses tend to have on a community.

(B) Procedure.

(1) The Zoning Officer shall deny a zoning permit for the proposed development until written approval of the Zoning Hearing Board is obtained.

(2) All applicants for a special exception use shall submit three sets of site plans for the proposed use to the Zoning Hearing Board as part of the application for a zoning permit.

(3) All site plans shall contain the information required in § 155.022(D).

(4) The Zoning Hearing Board shall forward one copy of the site plan to the Zoning Officer and one copy to the Planning Commission within five days of receiving the submission.

(5) The Zoning Officer shall, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this chapter and submit a written report to the Zoning Hearing Board.

(6) The Planning Commission shall, prior to the next regularly scheduled Zoning Hearing Board meeting, review the plan to determine compliance with this chapter and submit a written recommendation to the Zoning Hearing Board.

(7) The Board shall not decide the case without reviewing the reports received from the Zoning Officer and Planning Commission. Failure of either the Zoning Officer or the Planning Commission to submit a written report prior to the next regularly scheduled meeting shall not prevent the Board from hearing and deciding the request.

(8) The Board shall hear and decide such request for a special exception use under the procedures of this section.

(9) The decision of the Board shall be in writing and shall be communicated to the applicant in accordance with this section.

(1) The Zoning Hearing Board shall approve any proposed special exception use if it finds evidence that any proposed use will meet:

(a) All of the general standards listed in division (D) below; and

(b) All of the specific standards for the proposed use listed in division (E) below.

(2) In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it may deem necessary to implement the purposes of this chapter.

(D) General standards. Each special use shall comply with all of the following general standards:

(1) In conformance with the spirit, purposes, intent and all applicable requirements of this chapter;

(2) In conformance with all applicable provisions of all other township ordinances;

(3) In accordance with the Comprehensive Plan;

(4) In conformance with all applicable state and federal laws, regulations and requirements;

(5) Suitable for the particular location in question; and

(6) Not detrimental to the public health, safety or welfare.

(E) Additional standards. Each of the following special exception uses shall also comply with the additional standards for that use listed in this section.

(1) Academic clinical research center.

(a) Parking requirements shall follow the parking regulations found in § 155.160 for college or university.

(b) An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance, and other features required by the Department of Health. The portion of the academic clinical research center where the medical marijuana is grown or processed shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

(c) All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(d) A buffer yard as required by § 155.092(D) with a solid, non-transparent fence at a height of six feet from ground to peak is required where an academic clinical research center adjoins a residential use or district.

(e) The clear sight triangle found in § 155.092(C)(2) must be provided and maintained.

(f) The access/driveway must be designed and improved to the standards set forth in § 155.162(D).

(g) Entrances and driveways to an academic clinical research center must be designed to accommodate the anticipated vehicles used to serve the facility. All accesses must secure the appropriate highway occupancy permit and all access to a township road must secure a driveway permit.

(2) Adult use, adult bookstore, adult movie theater, massage parlor or cabaret (which shall mean any of the following uses).

(a) The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter.

1. To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the township. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects;

2. To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization; and

3. To not attempt to suppress any activities protected by the “free speech” protections of the state and U.S. Constitutions, but instead to control secondary effects.

(b) No adult use shall be located within 1,000 lineal feet from any existing adult use.

(d) Pornographic and sexually explicit signs and displays shall be prohibited that are visible from outside of the premises.

(e) The adult use shall not include the sale or display of “obscene” materials, as defined by state criminal law, as may be amended by applicable court decisions.

(f) An adult use shall be prohibited in all districts except where specifically allowed under § 155.068. An adult use is a distinct use, and shall not be allowed under any other use, such as a retail store or club.

(g) A minimum lot area of one acre is required.

(h) For public health reasons, private or semi-private viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

(i) No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor or between employees or entertainers and customers. At an adult live entertainment use, employees or entertainers shall maintain a minimum distance of three feet from customers. This shall include, but not be limited to, a prohibition of “lap dancing”.

(j) Only “lawful” massages as defined by state court decisions shall be performed in a massage parlor.

(k) All persons within any adult use shall wear non-transparent garments that cover their genitals and the female aerola, except within a permitted lawful “adult live entertainment facility”.

(l) 1. Any application for such use shall state the names and home addresses of:

a. All individuals intended to have more than a 5% ownership in such use or in a corporation owning such use; and

b. An on-site manager responsible to ensure compliance with this chapter on a daily basis.

2. A telephone number shall be provided where the on-site manager can be reached during township business hours. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.

(m) The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.

(n) As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code, being 47 P.S. §§ 1-101 et seq., Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).

(o) An adult use shall not be on the same lot as a use that sells alcoholic beverages.

(p) No such use shall be located within 500 lineal feet of any school, place of worship, day care center or residential district.

(q) No such use shall be located within 1,000 lineal feet of any existing adult bookstore, adult movie theater, massage parlor or cabaret.

(r) A 20-foot wide buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 155.092(D).

(s) No obscene material shall be placed in view of the general public. Precautions shall be made to prohibit minors from entering the premises.

(3) Airport, public or private and private heliport.

(a) The Pennsylvania Bureau of Aviation with the Pennsylvania Department of Transportation shall find the landing area safe and acceptable for licensing for a private airstrip, private airport or heliport.

(b) The Federal Aviation Administration shall have granted approval for the use of the air space.

(d) Areas used for landings, take-offs and ground circulation shall be located at least 300 feet away from adjacent property lines.

(4) Animal cemetery.

(a) All the regulations for a “cemetery” in this section shall apply.

(b) The applicant shall prove to the satisfaction of the Zoning Officer that the use will be conducted in such a manner that the public health and ground water quality will not be threatened.

(5) Animal hospital. If the use involves a kennel, other than routine keeping of sick animals, the requirements of a kennel shall also be met.

(6) Animal husbandry, intensive.

(a) The use shall be conducted on a lot at least ten acres in size.

(b) The provisions of § 155.073(B)(2)(b) shall apply.

(d) Intensive animal husbandry shall only be allowed if special exception approval is granted and the use is in the R-A or AC District. Such use shall be defined as raising of livestock or poultry that involves more than five animal equivalent units of live weight of animals on the average per acre. Such average shall be calculated based upon contiguous acreage that is owned or leased by the operator of the animal husbandry use. Animal weights shall be calculated as provided in state nutrient management regulations.

1. An intensive animal husbandry use shall only be allowed if new buildings used for the overnight confinement of animals are setback a minimum of 500 feet from the boundary of a residential district or the walls of a dwelling that existed prior to the enactment of this section, unless the owner of record of that other lot provides a written waiver allowing a smaller setback.

2. The Zoning Hearing Board may modify such setbacks as part of a special exception approval if necessary to allow reasonable expansion of a pre-existing animal husbandry use or if such setback is shown to be pre-exempted by state law.

(7) Auditorium.

(a) A 20-foot buffer yard shall separate an off-street parking area from an adjoining lot line.

(b) Lighting which is perceptible beyond the property line shall be minimized in accordance with § 155.123.

(8) Bed and breakfast use.

(a) In a residential district, no more than three guest rooms shall be provided and no more than two adults and two children may occupy one guest room.

(b) One off-street parking space shall be provided for each guest room. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and adjoining properties by fencing or natural vegetation.

(d) There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single sign no larger than two square feet in size constructed and placed in accordance with §§ 155.135 through 155.146.

(e) No external alterations or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.

(f) Members of the immediate family, who must reside on the premises, shall carry on the use.

(g) There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast only.

(h) The maximum, uninterrupted length of stay at a bed and breakfast shall be 14 days.

(i) The use of any amenities provided by the bed and breakfast, such as swimming pool or tennis court, shall be restricted in use to the guests of the establishment.

(j) The use may not be established until there is compliance with all township rules and regulations.

(k) The existing sewage disposal system shall be recertified as being adequate, in accordance with the state regulations.

(9) Boarding house. No additional standards.

(10) Bottling industry. Centralized sewage disposal facilities and centralized water supply facilities shall be provided.

(11) Bus station.

(a) Shall be on a lot abutting an arterial or collector street (as defined on the Official Street Classification Map).

(b) Shall provide an area for the loading and unloading of buses separate from required off-street parking areas.

(12) Campground.

(a) Shall meet all applicable state regulations.

(b) No loudspeaker or amplifying device shall be permitted which will project sound that can be heard within a dwelling on another lot.

(13) Cemetery. Shall be on a lot at least two acres in area.

(14) Commercial outdoor recreation.

(a) No loudspeaker or amplifying device shall be permitted which will project sound that can be heard inside a dwelling on another lot.

(b) Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.

(15) Community center/cultural center. No outdoor recreation area shall be located closer to any lot lines than the required front yard depth in the zoning district.

(16) Conversions of an existing building to result in an increased number of dwelling units.

(a) The lot area shall not be reduced to less than the amount stated for the district in which the structure is located.

(b) The yard, building area, off-street parking and other applicable requirements for the district shall not be reduced.

(d) The resulting residential use shall be a permitted use in the district.

(17) Day care center, child, as a principal use.

(a) No outdoor play area shall be closer than 40 feet to any lot line.

(b) The use shall comply with any applicable county, state and federal regulations.

(18) Dispensary.

(a) A medical marijuana dispensary must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the Department of Health.

(b) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

(c) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

(d) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

(e) Permitted hours of operation of a dispensary shall be no earlier than 8:00 a.m. to no later than 8:00 p.m. (of the same calendar day).

(f) A medical marijuana dispensary shall be no greater than 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(g) A medical marijuana dispensary shall:

1. Have no drive-through service;

2. Not have outdoor seating areas;

3. Not have outdoor vending machines;

4. Prohibit the administering of, or the consumption of medical marijuana on the premises; and

5. Not offer delivery service.

(h) A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

(i) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

(j) A medical marijuana dispensary shall be a minimum of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

(k) Any medical marijuana dispensary lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private, or parochial school or a day-care center.

(l) All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(m) Parking requirements shall follow the parking regulations found in § 155.160 for offices or clinic, medical/dental.

(n) A buffer yard required by § 155.092(D) with a solid, non-transparent fence at a height of six feet from ground to peak is required where a medical marijuana dispensary adjoins a residential use or district.

(o) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.

1. All accesses must secure the appropriate highway occupancy permit and all access to a township road must secure a driveway permit.

2. The clear sight triangle found in § 155.092(C)(2) must be provided and maintained.

3. The access/driveway must be designed and improved to the standards set forth in § 155.160(D).

(p) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

(19) Drive-in (outdoor) theater.

(a) Shall be on a lot abutting an arterial or collector street (as defined on the Official Street Classification Map);

(b) Shall have a lot area of at least ten acres;

(d) Shall provide a driveway at least 300 feet in length between the point where admission tickets are sold and the street right-of-way lines; and

(e) Shall comply with the provisions of § 155.123.

(20) Emergency services station. Shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.

(21) Fuel oil company. Shall be in accordance with applicable federal, state and local fire protection standards.

(22) Golf course.

(a) No fairways, green or other use area shall be located closer than 50 feet to a rear or side property line.

(b) No building shall be less than 100 feet from any lot line.

(23) Ground water or spring water withdrawal, as regulated under § 155.068.

(a) A study by a qualified professional shall be submitted to the township to estimate the expected impacts upon neighboring wells, particularly taking into account drought conditions.

(b) Minimum lot area: ten acres, plus five acres for each 50,000 gallons per day of permitted water removal.

(d) Bottling operations shall only be allowed in the I District.

(e) The applicant shall estimate the amount of truck traffic that will serve the site, and provide a traffic impact study by a qualified professional to assess the impacts.

(24) Group home.

(a) There shall be no more than six residents, unless specifically approved otherwise under § 155.029.

(b) There shall be 24-hour supervision by people qualified by training and experience in the field for which the group home is intended.

(d) Any medical or counseling services provided shall be done so only for residents.

(e) One off-street parking space shall be provided for:

1. The supervisor;

2. Each additional employee per shift; and

3. Every two residents.

(f) The group home activity shall not be related to criminal rehabilitation of either juveniles or adults.

(h) The group home shall register its location, number of residents and sponsoring agency with the township and such information shall be available to the public.

(i) If there is a change of sponsor, management or type of client in the group home, the use shall be reconsidered by the township.

(k) The group home shall provide the township with a certificate of certification on an annual basis.

(l) This use shall not include a treatment center.

(25) Grower/processor.

(a) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

(b) The floor area of a medical marijuana grower/processor shall not exceed 20,000 square feet and shall include space for production, secure storage of marijuana seeds, related finished product, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.

(c) There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

(d) Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the Department of Health policy and shall not be placed within any unsecured exterior refuse containers.

(e) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(f) Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

(g) Parking requirements shall follow the parking regulations found in § 155.160 for all industrial uses (including warehousing, distribution and manufacturing).

(h) A buffer yard as required by § 155.092(D) with a solid, non-transparent fence at a height of six feet from ground to peak is required where a medical marijuana grower/processor adjoins a residential use or district.

(i) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.

1. All accesses must secure the appropriate highway occupancy permit and all access to a township road must secure a driveway permit.

2. The clear sight triangle found in § 155.092(C)(2) must be provided and maintained.

3. The access/driveway must be designed and improved to the standards set forth in § 155.162(D).

(j) A grower/processor must be legally registered in the Commonwealth of Pennsylvania and possess a valid, current medical marijuana permit from the Department of Health.

(26) Gun club/outdoor target range.

(a) All outdoor target ranges shall have a barrier behind the target area, which is of sufficient height and thickness to adequately provide for the public safety.

(b) The use shall comply with National Rifle Association standards for the type of weapons that will be used.

(c) The area used for shooting and for any target area shall be setback a minimum of 450 feet from any occupied building on another lot.

(27) Home occupation, general. The provisions under “home occupation” in § 155.075 shall apply.

(28) Hospital.

(a) Shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.

(b) More than one access road of at least 20 feet in width shall be provided from such arterial or collector street.

(d) All facilities shall be located on the ground floor, unless and elevator sufficient to accommodate rolling beds or litters provides access to other than ground floor levels.

(29) Junkyard (includes auto salvage yard).

(a) Storage of putrescent garbage that was not generated on-site shall be prohibited.

(b) All junk should be at least 200 feet from any adjoining lot.

(d) The site shall contain at least two points of vehicle access, each of which is not less than 30 feet in width.

(e) The site shall be completely enclosed by a buffer yard, regardless of zoning district, which complies with the standards of § 155.092(D).

(f) The burning or incineration of vehicles or junk shall be prohibited unless said burning is carried out in a completely enclosed incinerator approved by the DEP.

(g) All junkyards shall also comply with the provisions of township Ord. 15, as codified in Chapter 112 of this code of ordinances.

(30) Kennel.

(a) All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.

(b) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

(c) Outdoor runs may be provided so long as a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.

(d) A buffer yard meeting § 155.092(D) shall be required between any kennel and any lot occupied by a dwelling unless existing mature trees covering land with a minimum width of 20 feet will be preserved between the kennel and the adjacent dwelling.

(e) If more than 50 dogs are kept on the lot at any one time, then a minimum setback of 200 feet shall apply for any building or outdoor area used for the keeping of dogs or outdoor pens or runs from any lot line of a lot occupied by a dwelling that is not in common ownership with the kennel.

(f) If a kennel is required to obtain a state license as a kennel, and such state license expires, is suspended or revoked, then the township zoning permit for the kennel shall also automatically be invalid during such period of time.

(31) Laundry/laundromat. Centralized sewage disposal facilities and centralized water supply facilities shall be provided.

(32) Lumber yard. Shall be on a lot abutting an arterial or collector street (as defined by the Official Street Classification Map).

(33) Manufactured (mobile) home park.

(a) Shall have a minimum tract size of five acres and a maximum overall density of no more than five manufactured homes per acres;

(b) Shall have centralized sewer and water;

(d) All applicable provisions of the township subdivision and land development ordinance shall be complied with.

(34) Medical marijuana delivery vehicle office.

(a) A traffic impact study is required for a medical marijuana delivery vehicle office.

(b) Parking requirements shall follow the parking regulations found in § 155.160, other than above.

(c) All external lighting serving a medical marijuana delivery vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(d) A buffer yard as required by § 155.092(D) with a solid, non-transparent fence at a height of six feet from ground to peak is required where a medical marijuana delivery vehicle office center adjoins a residential use or district.

(e) Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

1. All accesses must secure the appropriate highway occupancy permit and all access to a township road must secure a driveway permit.

2. The clear sight triangle found in § 155.092(C)(2) must be provided and maintained.

3. The access/driveway must be designed and improved to the standards set forth in § 155.162(D).

(f) If a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle service office, the office must be secured to the same level as a medical marijuana grower/producer and dispensary.

(g) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

(35) Mineral extraction.

(a) The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well being of the surrounding area and its residents.

(b) The site shall be reclaimed to a non-hazardous state permitting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.

(c) A buffer yard shall completely enclose the site, regardless of zoning district, which complies with all of the standards of § 155.092(D) (except such buffer yard shall be at least 50 feet in width) and shall be set back from adjacent properties by at least 100 feet and from residential structures by at least 200 feet (or such greater distance as may be required by site conditions to protect adjacent properties as determined necessary by the Zoning Hearing Board).

(d) Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities.

(36) Motor vehicle race track.

(a) No loudspeaker or amplifying device shall be permitted which will project sound that is perceptible from within a dwelling on another lot.

(b) Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.

(d) The area used for racing of vehicles shall be setback a minimum of 250 feet from any residential lot.

(37) Paper/pulp mill. Minimum lot area: ten acres.

(38) Place of worship. Shall be on a lot at least two acres in area, unless it is within the C Commercial District.

(39) Public or private primary or secondary school. Two acre minimum lot size, plus one acre for each 100 students.

(40) Restaurant.

(a) Shall screen all trash containers;

(b) Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives; and

(c) May provide an outdoor menu board (which shall not be considered a sign) if drive-up service is provided from within the building to customers in their vehicles.

(41) Self-storage development.

(a) All storage units shall be fireproof and waterproof. Each shall have separate ingress and egress secured by a locking device.

(c) Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins, or similar items shall not be stored.

(d) Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or driveway areas.

(e) Servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.

(f) Adequate lighting shall be provided to illuminate the area, but directed away or shielded to direct light away from adjacent uses.

(42) Slaughterhouse.

(a) There shall be a minimum of a ten acre lot size.

(b) The buildings where slaughter takes place shall not be located closer than 200 feet from all property lines except the dwelling of the owner or lessee, and no closer than 500 feet from an existing dwelling or an approved residential subdivision.

(43) Solid waste disposal area/facility.

(a) This term shall include a solid waste transfer facility, solid waste landfill or solid waste-to-energy facility.

(b) All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way; exterior lot line; 100-year floodplain; edge of a surface water body (including a water filled quarry); or wetland of more than one-half acre in area.

(c) All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any of the following: a RS-R District; a S-R District; a residential district in another municipality; a perennial creek; a publicly-owned park or any existing dwelling that the applicant does not have an agreement to purchase.

(d) The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.

(e) No burning or incineration shall occur, except within an approved waste to energy facility.

(f) The operation and day to day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the township. Violations of this condition shall also be considered to be violations of this chapter.

(g) Open dumps and open burning of refuse are prohibited.

(h) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the township.

(i) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not routinely create noxious odors off of the tract.

(j) A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. The Board shall require earth berms, evergreen screening and/or shade trees as needed shall be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.

(k) A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.

(l) Health hazards: any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

(m) Attendant: an attendant shall be present during all periods of operation or dumping.

(n) Gates: secure gates, fences, earth mounds, and/or dense vegetation shall prevent unauthorized access.

(o) Emergency access: the operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

(p) Under authority granted to the township under Act 101 of 1988, the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.

(q) Any storage of used tires shall be divided into separate piles so that each pile contains a maximum of 200 tires and that are separated by other tires by a minimum of 50 feet. No tires shall be stored on site for more than 30 days and shall be limited to storage of tires that are awaiting imminent disposal or reuse. Unless the tires are shredded, the tires shall be covered by a material that avoids the presence of standing water inside the tires.

(r) Litter: the operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

(s) Dangerous materials: no radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. INFECTIOUS MATERIALS are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

(t) The applicant shall provide sufficient information for the township to determine that the requirements of this chapter will be met.

(u) State requirements: nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the township and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PennDEP at the same time as they are submitted to DEP.

(v) For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.

(44) Commercial stable or riding academy.

(a) The use shall be conducted on a lot at least ten acres in size.

(45) Swimming club or non-household swimming pool.

(a) All pools shall be entirely enclosed with a good quality chain-link or preferably a wooden or other equivalent fence of not less than six feet in height.

(b) No loudspeaker or amplifying device shall be permitted which will project sound that can be heard inside a dwelling on another lot.

(46) Treatment center.

(a) See definition in § 155.051.

(b) The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception approval.

(c) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.

(d) The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

(e) If the use involves five or more residents, a suitable recreation area shall be provided that is supervised by the center’s staff.

(47) Trucking company terminal.

(a) As a condition of special exception approval, the Zoning Hearing Board may require additional earth berming, setbacks, landscaping and lighting controls as it determines to be necessary to provide compatibility with adjacent dwellings.

(b) These measures shall be designed to minimum glare, noise, soot, dust, air pollutants and other nuisances upon dwellings.

(48) Warehouse or wholesale.

(b) Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.

(c) No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins, or similar items shall be permitted.

(49) Wind turbine(s). Other than is allowed as an accessory use by § 155.075 (including, but not limited to, two or more wind turbines per lot, or a wind turbine as a principal use).

(a) The wind turbine shall be setback from the nearest occupied principal building on another lot a distance not less than two times the maximum height to the top of the turbine, unless a written waiver is provided by the owner of such building. The turbine height shall be the distance from the ground level to the highest point of the turbine rotor plane. The setback shall be measured from the base of the turbine to the nearest part of the occupied principal building. This provision shall apply to buildings that existed prior to the application for a zoning permit.

(b) The audible sound from the wind turbine(s) shall not exceed 50 A weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.

(c) The owner of the facility shall completely remove all above ground structures within 12 months after the wind turbine(s) are no longer used to generate electricity.

(d) Wind turbines shall not be climbable for at least the first 12 feet above the ground level.

(e) All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the total height to the top of the turbine hub, as measured from the center of the wind turbine base.

(f) All wind turbines shall be set back from the lot line a minimum distance equal to the total height to the top of the turbine hub, as measured from the center of the wind turbine base, unless a written waiver is provided by the owner of such lot.

(g) If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape or similar method.

(h) The turbine shall include automatic devices to address high speed winds.

(i) Accessory electrical facilities are allowed, such as a transformer.

(j) The site plan shall shows the proposed facilities with the proposed total heights, existing buildings, lot lines, driveways, minimum setbacks, areas of woods proposed to be cleared and existing and proposed underground lines in the area of proposed activity.

(50) Wireless communications facilities.

(a) It is the intent of this division (E)(50) to strike a balance between the needs of wireless providers but maintain local authority over decisions regarding the placement, construction and modification of wireless communications facilities.

(b) Towers and antennas shall be regulated or permitted pursuant to this division (E)(50), and shall not be regulated or permitted as essential services, public utilities or private utilities.

(c) Upon the effective date of this section, all new towers, antennas added to existing towers and new wireless communications facilities shall be subject to the provisions of this division (E)(50) except for any tower, or antenna added to an existing tower which:

1. Is less than 70 feet in height and is owned and operated by a federally licensed amateur radio station operator; or

2. Is used exclusively as a “receive only” antenna.

(d) Each application shall contain the following information:

1. A copy of the FCC license of all proposed users of the facility;

2. A legal description of the subject tract or parcel;

3. A description of the tower including its design characteristics, the numbers and types of antennas which are proposed to be located on the tower, the color of the tower, whether the tower will be illuminated and whether the tower, if constructed, will accommodate co-location of additional antennas for future users and the number of such potential future users;

4. Documentation from the FCC, FAA and Pennsylvania Aeronautics Division, and any other federal or state entity which regulates the wireless communication facility, that if constructed, it would be in compliance with current regulations, including but not limited to the mandate of the Hearing Aid Compatibility Act and the Americans with Disabilities Act, or that the facility is exempt from those regulations;

5. A statement identifying the entities providing the backhaul network for the tower and any other cellular sites owned or operated by the applicant in the township;

6. Certification from a registered professional engineer that the tower, if constructed, has structural capability and would meet current standards for steel antenna towers and antenna supporting structures established by the Electrical Industrial Association/Telecommunications Industrial Association and any other regulatory body;

7. An inventory of the applicant’s existing towers, antennas or sites approved for towers or antennas within the township, including specific information about the location, height and design of each tower, antenna or site;

8. A site plan meeting the requirements of § 155.022(D), and also showing the setback distance of the antenna or tower from all property lines, street right-of-way lines, its distance from the nearest residential unit and other existing wireless communication facilities located within the township using exact global positioning satellites;

9. A landscaping plan meeting the requirements of division (B)(50)(j)6. below and all other requirements of the township;

10. Documentation from the Lehigh-Northampton Airport Authority that it is aware of the intent to locate a wireless communication facility; and

11. Certification with appropriate documentation from an engineer that an intermodulation analysis has been performed demonstrating that the proposed wireless communication facility will not cause undue interference to existing facilities or undue hardship to the health, safety and welfare of the community.

(e) Each application shall be accompanied by a deposit of $5,000 which shall be used by the township to contract with an independent consultant(s) to evaluate the application to determine whether the proposal meets all state and federal requirements, whether the use of existing towers or other structures would satisfy the functional requirements of the applicant and whether the proposal meets the requirements of this division (E)(46).

(f) For purposes of this section only, in addition to the other requirements imposed by § 155.030(A), notice shall be given to the applicant, the Zoning Officer, the Commission, the Board of Supervisors, the property owners within 500 feet of the proposed lot upon which the wireless communications facility will be sited and any other person or group (including civic or community organizations) who has made a timely request for such notice, by personally delivering or mailing a copy of the published notice.

(g) The applicant shall demonstrate, using technological evidence, that the wireless communications facility must be sited where proposed to satisfy its functional requirements.

(h) To encourage the co-location of wireless communications facilities, the applicant shall demonstrate that no existing tower or structure will accommodate the functional requirements because of the following:

1. No existing towers or structures are located within the geographic area;

2. Existing towers or structures are of an insufficient height;

3. Existing towers or structures have insufficient structural strength to support the proposed facilities;

4. The proposed facilities would cause unacceptable electromagnetic interference because of other existing facilities; and

5. The fees, costs or contractual provisions required of the applicant by the owner of an existing tower or structure to share or adopt an existing tower or structure are unreasonable.

(i) The tower or antenna should be set back a distance equivalent to 200% of the height of the tower. The setback lines shall be measured from the nearest property or lease lot lines and existing street right-of-way lines or the distance measured to the nearest property or lease line equal to the fall zone.

(j) The following requirements apply to proposed towers.

1. The applicant shall provide certification from a registered professional engineer that the tower would meet the wind resistance requirements, stated in the applicable version of the International Construction Code. The registered professional engineer shall also certify to the overall structural integrity of the tower.

2. For all towers exceeding 200 feet in height, the applicant shall provide documentation of FAA approval. For towers of 200 feet or less, the requirements of 14 C.F.R. Part 77.13(a), as amended, must also be met.

3. No tower shall be artificially lighted except when required and approved by the FAA or other regulatory agency. Where lighting is required by a regulatory agency, the applicant must provide written documentation that the proposed lighting is the minimum mandated by that agency.

4. A minimum of two off-street parking spaces shall be provided for each tower.

5. The base of the tower shall be surrounded by a secure fence, with an anti-climbing device, with a minimum height of eight feet.

6. Landscaping shall be required and shown on the site plan to screen the fence surrounding the tower and any other ground level features, including buildings or parking areas. The landscaping shall consist of evergreen plantings with a minimum height of six feet at planting, a minimum of four feet wide, planted ten feet on center maximum, and with an expected growth of a minimum of 15 feet at maturity. Existing mature tree growth and natural landforms on the site shall be preserved to the greatest extent possible.

7. The towers shall have a galvanized steel finish and be painted a neutral color, unless the regulatory authorities have provided documentation mandating to the contrary. All buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and surrounding buildings and structures.

8. There shall be a separation distance of at least one-half mile between towers measured from the center of the base of the existing tower to the center of the base of the proposed tower.

9. The fall zone shall be equal to 200% of the height of the tower. No structures other than a communications equipment building shall be placed within the fall zone.

(k) The following requirements apply to proposed antennas.

1. The applicant shall provide certification from a registered professional engineer stating that the antenna meets the wind resistance requirements stated in the most current version of the BOCA National Building Code. The registered professional engineer shall also certify to the overall structural integrity of the tower and antenna.

2. For any antenna resulting in a facility in excess of 200 feet in height, documentation of FAA approval shall be provided. If the facility is less than 200 feet in height, the antenna shall meet the requirements of 14 C.F.R. § 77.13(a), as amended.

3. No antenna shall be artificially lighted except when required and approved by the FAA or other regulatory agency. Where lighting is required by a regulatory agency, the applicant must provide written documentation that the proposed lighting is the minimum mandated by that agency.

4. Where an antenna is to be installed on a structure other than a tower, the antenna and any supporting electrical and mechanical equipment must be of a neutral color that is identical to, or compatible with, the color of the supporting structure.

5. Where an antenna is to be installed on a tower or mounted on a utility or light pole, any communications equipment building proposed on the lot shall be no greater than 200 square feet of gross floor area and no more than ten feet in height. A dense planting screen with a planted height of at least six feet shall screen the communications equipment building.

6. Where an antenna is to be mounted on a structure or rooftop, any communications equipment building proposed on the lot shall be no greater than 100 square feet of gross floor area and no more than ten feet in height. If the structure or rooftop is less than 65 feet in height, any proposed communications equipment building must be located on the ground. If the communications equipment building is located on the rooftop, the area of the communications equipment building shall be less than 20% of the total rooftop area.

(l) No signs except those mandated by regulatory bodies shall be permitted on the lot where the tower or antenna is to be located.

(m) Within 45 days of the decision of the Zoning Hearing Board, the township shall provide an itemized statement of expenses incurred by its independent consultant(s). Any used monies shall be returned to the applicant.

(n) As a condition to obtaining a zoning permit, the applicant agrees to the following:

1. To carry with insurance companies with an A.M. Best rating of at least A- or 6, liability insurance for its use and activities on the proposed lot, which coverage shall be a minimum coverage of $500,000/$1,000,000 for personal injury, property damage and/or death, and shall furnish to the township a certificate of insurance evidencing its compliance with this requirement;

2. If the wireless communications facility is located on property owned or leased by the township, then in that instance alone, to indemnify and save harmless the township, its officers, agents and employees, from any and all claims for damages asserted by anyone as a result of injury to person or property, loss or damage resulting from it or in any way related to the approval given or to the activities conducted on the proposed lot;

3. If the tower or antenna remains unused for a period of 12-consecutive months, the applicant, owner and/or operator, shall dismantle and remove the tower or antenna within 90 days of notice to do so by the township. Security shall be posted, in a form acceptable to the township in its favor in such amount to remove the wireless communications facility and site clean-up, which security may be utilized by the township in the event the applicant, owner and/or operator fails to remove it within 90 days of notification from the township. If there are two or more users of a single tower, then this condition shall not become effective until all users have abandoned the tower or antenna. The amount of security shall be determined by the Zoning Officer and shall be payable before the issuance of any permit;

4. Annually, the township, through its independent consultant, shall inspect the wireless communications facility to verify that it is constructed, maintained and functioning in accordance with the approval given by the Zoning Hearing Board. The owner and/or operator shall be billed 60 days in advance of the inspection date, and the failure to remit payment to the township in advance of the inspection date shall be conclusive evidence that the owner and/or operator has abandoned the use permitted by the special exception; and

5. Within ten days of completion of the wireless communication facility, a registered professional engineer shall certify, in writing, to the township that the wireless communications facility has been constructed pursuant to the approval given by the Zoning Hearing Board, and the requirements of this zoning chapter.

(Ord. 126, passed 3-18-2010; Ord. 153, passed 8-17-2017; Ord. 170, passed - -2023)

§ 155.075 ACCESSORY USES.

(A) In general. An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.

(B) Yard requirements. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this chapter.

(1) Bus shelter. Bus shelters may be erected and maintained for the convenience and safety of school children and resident commuters in any zoning district of the township on the following terms and conditions.

(a) Shelters shall not exceed seven feet in width, eight feet in length (depth), and seven feet in height and shall be set upon and firmly anchored to reinforced concrete pads at least four inches thick. A mud-free approach from the side of the street on which the shelter fronts to the shelter itself shall be installed.

(b) Shelters shall in all cases be located on private property.

(c) No shelter shall be erected on private property without the owner or owners of such private property having first given written permission or lease authorizing the erection and maintenance of the shelter thereon.

(d) Shelters erected for the convenience of the school children shall be erected only at locations designated as official school bus stops by the Board of Directors of East Penn School District or the Board of Directors of such other school district of which the township shall be a part. Shelters erected for the convenience of resident commuters shall be erected only at locations approved by the Board of Supervisors, upon Planning Commission recommendation; provided, however, that there shall be a distance of at least 1,000 feet between shelters regardless of the purpose for which they are erected.

(e) Shelters erected between intersections shall be located at least one foot back from the legal right-of-way line (property line) of the street intersection properties where the side of the shelter is less than 50 from the legal right-of-way line (property line) of the street at the side of shelter shall be set back at least 15 feet from the legal right-of-way line (property line) of the street on which the shelter fronts. Shelters shall also be located at least 15 feet away from the side property lines of the property on which the shelter is located unless the owner of the adjoining property gives written permission of consent to have said shelter placed closer than 15 feet from said side property line.

(f) Shelters may bear advertising displays not exceeding 32 square feet in size on each side of the shelter; provided, however, that advertisement of intoxicating beverages or tobacco products shall not be displayed on any shelter.

(g) Shelters shall at all time be properly maintained and kept in repair by the owner thereof. They shall be kept clean, free of papers and debris, and free of obscene writings and marking on any part thereof.

(h) The owner of each shelter shall cause the same to be covered by liability insurance issued by a reputable insurance company insuring the owner of the shelter, the owner of the land on which the shelter is erected, and the township against any and all liability for personal injury, death or property damage. The limits for coverage for such insurance policy shall be $250,000 to $300,000 for each occurrence. The township shall be furnished a certificate by the company issuing such policy certifying that such policy has been purchased, that it is in full force and effect, and that the same will not be cancelled without the township first being given ten days’ prior written notice of the intention to cancel said policy.

(i) No shelter shall be erected until the Zoning Officer shall have issued a permit authorizing such erection. Application for such permit shall be made to the Zoning Officer on a form prescribed by him or her, which application for shall be accompanied by:

1. A copy of a written lease signed by the owners of the ground on which the shelter is to be erected authorizing such erection;

2. A picture or diagram of the proposed shelter indicating the dimensions thereof;

3. A plot plan showing the location of the proposed shelter on the private property and indicating the setback of said side street;

4. In the case of shelters erected for the convenience of school children, a certification from the proper school district officials certifying that the proposed location is an official school-bus stop; and

5. A permit fee of $2.50.

(j) 1. The Zoning Officer may order the removal of any shelter which:

a. Is not properly maintained and kept in repair;

b. Is erected or maintained contrary to the terms of this chapter;

c. Is no longer covered by insurance as herein required;

d. Is located on private property for which a valid lease is no longer in existence; and

e. When the location at which the shelter is situated has ceased to be an officially designated bus stop for a period of three years.

2. In the event that such removal is ordered, the shelter shall be removed and the premises restored to its original condition within 30 days of said order of removal.

(k) Upon removal of any shelter, whether such removal is voluntary on the part of the owner thereof; or is ordered by the Zoning Officer as herein provided, the same shall be completely dismantled and removed so that no part of the same remains at its former location and the property on which it was located shall be restored to the original condition in which it was immediately prior to the time said shelter was first erected.

(2) Commercial or industrial outdoor storage and display.

(a) Location. Shall not occupy any part of the street right-of-way, area intended or designed for pedestrian use, required parking area, or part of the required front yard.

(b) Size. Shall occupy an area less than one-half the existing building coverage. A special exception may be authorized by the Zoning Hearing Board for no more than 25% of the lot area to be used for outdoor storage or display.

(3) Drive-through facilities.

(a) The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(b) On-lot traffic circulation and parking areas shall be clearly marked.

(c) A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.

(4) Dwelling unit as an accessory use to a nonresidential use.

(a) No more than one dwelling unit shall be permitted for any nonresidential principal use.

(b) The floor area of the dwelling unit shall not exceed the floor area of the nonresidential use (if primarily within a building) of 50% of the ground area of the nonresidential use (if primarily outdoor).

(5) Farm pond.

(a) The developer of any farm pond shall obtain all required state and federal permits.

(b) No farm pond shall be of such a size or character as to create any dangerous, noxious or objectionable condition.

(6) Farm-based business. This use may be approved on a lawful existing lot with a minimum lot area of not less than ten contiguous acres in area, or less than ten contiguous acres in area but has an anticipated yearly gross income of at least $10,000.

(a) A farm-based business shall be defined as a low-intensity commercial or industrial activity that functions as a customary accessory use to an on-site principal agricultural use. Farm-based businesses are intended to provide supplemental income to farmers to encourage the continuation of farming, and to provide needed services to other farmers. Normal agricultural operations as that term is defined in the Right-to-Farm Act are exempt from this definition.

(b) A farm-based business shall be conducted by a resident or owner of the property, his or her “relatives”, and a maximum total of four other employees working on-site at one time, in addition to employees of the agricultural use. In addition, a building that was constructed for agricultural purposes prior to the adoption of this section may be leased to a nonresident for a use meeting these standards.

(c) To the maximum extent feasible, a farm-related business should use an existing building. Buildings that existed prior to the effective date of this section may be used for a farm-related business. Any new building constructed for a farm-related business and any new parking area for trucks shall be set back equivalent to the underlying zoning district in which the farm-based business is located; however, if animals are housed within a new building, then the setback requirement shall be the greater of the underlying zoning district or the requirements set forth in the Nutrient Management Act.

(d) The farm-based business shall not routinely require the overnight parking of more than two tractor-trailer trucks, other than trucks serving the agricultural use.

(e) Any manufacturing operations shall be of a custom nature and shall be conducted indoors.

(f) The business shall not generate noxious odors, noise or glare beyond amounts that are typically generated by agricultural operations. Non-agricultural operations shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m.

(g) Any retail sales shall only be occasional in nature, and shall occur by appointment or during a maximum of 20 hours per week (except customary retail sales as part of a barber/beauty shop). This provision shall not restrict permitted sale of agricultural commodities.

(h) Only one sign shall advertise a farm-based business, which shall have a maximum sign area of ten square feet on each of two sides, and which shall not be internally illuminated, and which shall have a maximum height of six feet.

(i) 1. The following activities, and activities that the applicant proves to the Zoning Hearing Board are closely similar, shall be permitted as farm-based businesses:

a. Farm equipment or farm vehicle repair;

b. Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his or her relative, but not including a junkyard, auto body shop or spray painting;

c. Welding and custom machining of parts;

d. Sale, processing or mixing of seeds, feed, chemical fertilizers or wood/ leaves/bark compost;

e. Barber/beauty shops;

f. Construction tradesperson’s headquarters;

g. Music, hobby, trade or art instruction for up to ten persons at a time;

h. Small engine repair;

i. Custom woodworking or wood refinishing;

j. Custom blacksmithing or sharpening services;

k. Rental storage of household items, vehicles, boats and building materials;

l. Boarding of animals, not including a kennel or a commercial stable or riding academy (which are separate uses);

m. Custom butchering, not including a commercial slaughterhouse or stockyard;

n. Processing and storage of agricultural commodities;

o. Sawmill; or

p. Commercial farm tourism and special events, such as farm tours and Halloween activities.

2. See also commercial stable or riding academy (§ 155.068(B)(4) and (B)(5)) and retail sales of agricultural commodities (division (C)(13) below), which are treated as separate uses.

(j) This division (C)(6) shall not regulate agricultural uses that are permitted under other provisions of this chapter.

(k) If an activity would be permitted as either a farm-based business or a home occupation, then the applicant may choose which set of provisions shall apply.

(l) One off-street parking space shall be provided per nonresident employee, plus parking for any dwelling. In addition, the applicant shall prove to the Zoning Officer that sufficient parking will be available for customers, which is not required to be paved.

(m) All existing and new buildings shall maintain a residential or agricultural appearance, as viewed from a public street.

(n) The use shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types typically used in agriculture or a household.

(o) Landscaping shall be placed between any outdoor storage of non-agricultural materials or products and any adjacent dwelling from which storage would be visible.

(p) The lot shall have provisions for trucks to turn around on the site without backing onto a public street. When special exception approval is required, the Zoning Hearing Board shall consider the suitability of the adjacent roads for the amount and weights of truck traffic that will be generated.

(7) Heliport.

(a) The Pennsylvania Bureau of Aviation within the Pennsylvania Department of Transportation shall find the landing area safe and acceptable for licensing a heliport.

(b) The Federal Aviation Administration shall have granted approval for the use of the air space.

(8) Home occupation, major or minor.

(a) The home occupation shall not be conducted on the premises outside of a building.

(b) The home occupation shall not exceed 25% of the floor area of the principal dwelling unit.

(e) No more than one employee may work on the premises at the same time who are not residents of the principal dwelling unit.

(f) No servicing by truck in excess of three times per week shall be permitted.

(g) Uses permitted as a home occupation include: art studio, barber shop, beauty shop, professional office and instruction of not more than four pupils simultaneously (or in case of musical instruction, not more than three pupils simultaneously).

(h) The following uses shall not be permitted as a home occupation: animal hospital, commercial stable or riding academy, kennels, funeral parlor, retail store or restaurant.

(i) No machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the property.

(j) Parking and loading: adequate space for off-street parking and loading shall be provided in accordance with §§ 155.160 through 155.164.

(k) Building appearance: there shall be no reduction in the existing outside residential appearance of the building or premises or other visible evidence of the conduct of a home occupation. Outdoor storage of material and equipment shall be prohibited.

(l) Nuisance: no machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the property.

(m) Business vehicles: a maximum of two vehicles, which are used for a home occupation shall be permitted on the lot of the home occupation. No one vehicle shall exceed 10,000 pounds. Nor shall the combined vehicle (motorized or non-motorized such as a trailer or equipment) that is attached together exceed 10,000 pounds.

(n) In addition to the requirements listed in this division (C)(8), the following additional requirements shall apply to a “minor home occupation”.

1. The use shall not routinely involve routine visits to the home occupation by customers or more than one nonresident employee at a time.

2. The use shall only involve the following activities:

a. Work routinely conducted within an office;

b. Custom sewing and fabric and basket crafts;

c. Cooking and baking for off-site sales and use;

d. Creation of visual arts (such as painting or wood carving);

e. Repairs to and assembly of computers and computer peripherals; and

f. A construction tradesperson, provided that no nonresident employees routinely operate from the lot.

(9) Keeping animals or fowl. (Note: this does not pertain to animal husbandry as a principal use which is regulated by § 155.073(B)(2).)

(a) The maximum number of animals permitted per acre, or for lots less than one acre, per lot, shall be as follows.

	AC, R-A, CON District	RS-R, C, I, V Districts	S-R Districts
Customary household pets and domestic animals*	5	5	5
Large animals****	1 per 3/4 acre of lot with 10 maximum with a minimum lot size of 1-1/2 acres	1 per acre of lot with 5 maximum with a minimum lot size of 2 acres	*****
Rabbits/large fowl**	25	14	14
Smaller fowl***	25 Pair	25 Pair	25 Pair
* Such as dogs, cats and the like
** Such as chickens, turkeys and the like
*** Such as pigeons and quail
**** Such as cattle, horses, goats, pigs and the like
***** Under special circumstances large animals may be permitted in the S-R District as a special exception, pursuant to the provisions of § 155.074

(b) Six or more adult dogs or cats shall constitute a kennel.

(d) Animals shall be kept under control on the owner’s property.

(e) No large animals or large fowl shall be housed within 100 feet of an adjacent residential dwelling. Manure storage locations and amounts shall be consistent with the Nutrient Management Act.

(f) No small fowl shall be housed or permitted to congregate within the required front yard.

(g) No manure shall be stored within 100 feet of a private water supply and no manure shall be spread on lawns.

(10) Noncommercial swimming pool. A commercial swimming pool designed to contain a water depth of 24 inches or more shall not be located, constructed, or maintained on any lot or land area except in conformity with the following requirements.

(a) Permit. A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool; the permit must be certified by the Sewage Enforcement Officer.

(b) Location. Such pool shall be located in a rear or side yard only. No above or in-ground pool shall be located within 15 feet of a side or rear lot line or under any electrical lines, or over any lot sewage disposal field or system.

(c) Fence. Every in-ground noncommercial swimming pool shall be entirely enclosed with a childproof fence of not less than four feet in height equipped with a self-closing and self-latching gate. Above ground pools shall not require a fence, but shall require a self-closing and self-latching gate to any pool access platform.

(d) Water. If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. If the water for such pool is supplied from the public water system, the inlet shall be above the overflow level of said pool.

(e) Drainage. The draining of all pools shall occur in a manner that does not cause soil erosion and does not directly drain the water into a perennial creek.

(f) Noise. No loudspeaker or amplifying device shall be permitted which will project sound that can be heard inside a dwelling on another lot.

(g) Lighting. Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.

(11) Recreational vehicle, parking of one. No recreational vehicle or unit shall be stored for a period of three consecutive months within a front yard or within ten feet of a side yard or a rear yard line.

(12) Residential accessory building, structure or use. Permitted residential accessory buildings, structures or uses includes the following.

(a) Fences and walls.

1. Fences and walls in the required side and rear yard areas shall not exceed six feet in height (except tennis court fences which shall not exceed ten feet in height), and shall be at least two feet from a lot line or easement line unless the abutting property owner agrees in writing to allow it to be closer.

2. Fences or walls placed in the required front yard shall not exceed six feet in height and shall be no closer than one feet to a property line.

(b) Building.

1. An accessory building or a swimming pool shall not be allowed in the minimum required front yard. If an accessory building intrudes into the minimum rear or side yard for a principal building, then division (C)(12)(b)2. below shall apply.

2. Accessory structures may be located within the required side and rear yard as follows:

Size of Accessory Structure	Height Requirements	Required Side and Rear Yards*
Up to 144 square feet	Not to exceed 10 feet	Located up to within 5 feet of a side or rear property line
Over 144 square feet	Not to exceed 20 feet	Located up to within 10 feet of a side or rear property line
*Note: In some zoning districts the above yards may be permitted at a lesser distance if allowed by the particular zoning district.

(13) Retail sale of agricultural commodities.

(a) The use shall be an accessory use incidental to the agricultural use, agricultural industry or orchard.

(b) A minimum of 25% of the products offered for sale shall have been produced by the operator of the sales, his or her relatives and/or on other farms within the township.

(c) The building or area where products are displayed or sold shall be at least 50 feet from an intersection and shall be at least 20 feet from the cartway.

(d) Parking shall be provided in compliance with the provisions of §§ 155.160 through 155.164.

(14) Seasonal roadside produce market. Roadside produce markets for the sale of dairy, farm or nursery products are permitted with the following restrictions.

(a) Size. The area where products are displayed or sold shall not exceed 800 square feet.

(b) Location. The stand shall be at least 50 feet from an intersection, and shall be at least 20 feet from the cart-way.

(c) Removal in off-season. The stand shall be portable, shall be maintained in good condition and shall be removed during seasons when products are not being offered for sale.

(d) Parking. Parking for vehicles shall be provided off the existing and future right-of-way and in compliance with provisions of §§ 155.160 through 155.164.

(15) Solar energy system. No solar energy system shall deny solar access of existing active solar collection devices on adjacent lots. Solar energy collectors attached to the roof of a building may exceed the maximum height limit by ten feet.

(16) Temporary structure or use. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:

(a) Duration. The life of such permit shall not exceed one year and may be renewed for an aggregate period of not more than two years.

(b) Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the township. If not removed by the owner upon expiration of the permit, the township may remove such structure or use and recover the costs for the removal from the owner.

(17) Tennis court.

(a) A tennis court shall not be located in front of the principal building and shall not be located within any required yard areas.

(b) No lighting shall shine directly beyond a boundary of the lot where the tennis court is located.

(d) A tennis court shall not be located on a drainage field of a sewage disposal system.

(18) Wind turbine, maximum of one per lot as accessory use, that is primarily intended to generate electricity for on-site use.

(a) All wind turbines shall be set back from the lot line a minimum distance equal to the total height to the top of the maximum extended turbine blade, as measured from the center of the wind turbine base, unless a written waiver is provided by the owner of such adjacent lot.

(b) The audible sound from the wind turbine shall not exceed 50 A weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.

(c) The owner of the facility shall completely remove all above ground structures within 12 months after the wind turbine is no longer used to generate electricity.

(d) A wind turbine shall not be climbable for at least the first 12 feet above the ground level.

(f) If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape or similar method.

(g) The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and overspeed controls.

(h) In a CON, R-A, RS-R, S-R, VC or VR district, the maximum total height above the ground level to the tip of the extended blade shall be 85 feet, except it may be 100 feet if the turbine will be setback more than 200 feet from any lot line. In any other district, such maximum height shall be 150 feet.

(i) All new electrical wiring leading from a wind turbine shall be located underground.

(j) A plot plan shall be submitted which shows the proposed facilities with the proposed total height, existing buildings, lot lines, minimum setbacks, areas of woods proposed to be cleared and existing and proposed underground lines in the area of proposed activity.

(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013; Ord. 170, passed - -2023)

§ 155.076 CONSERVATION/OPEN SPACE DEVELOPMENT OPTION.

(A) Purposes. To allow reasonable amounts of flexibility in site planning of residential development to:

(1) Protect environmentally sensitive areas and avoid severe soil erosion and sedimentation;

(2) Avoid severely increased storm water flows and speeds;

(3) Preserve areas of prime farmland;

(4) Provide additional recreation land;

(5) Direct development to those areas that are more physically suited for it;

(6) Avoid construction of steep roads that are difficult, time-consuming, and expensive to maintain and plow snow upon;

(7) Avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice,

(8) Conserve forested areas that are an important part of the ecological cycle, providing for groundwater recharge, air pollution reduction and wildlife habitats,

(9) Reduce construction costs and municipal maintenance costs,

(10) Provide for transitional forms of development between residential and agricultural or industrial areas or highways, with open space serving as a buffer, and

(11) Allow each property owner a reasonable use of their land, related directly to the features and location and accessibility of the land. This option will encourage the establishment of significant areas of preserved open space.

(B) Applicability. This section allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves compliance with all of the requirements of this section to the satisfaction of the township.

(1) The Conservation/Open Space Development Option Overlay District (“COSDO-OD”) is an overlay established to permit conservation/open space development design within the areas designated on the Official Zoning Map. Conservation/open space development shall be permitted by right solely within the COSDO-OD, in accordance with the minimum requirements set forth in this section. In the absence of a specific standard for conservation/open space development design appearing in this section, the provisions of the base zoning district shall apply.

(2) Uses. A COSDO shall only include the following uses: single family detached dwellings, nature preserves, township-owned recreation, recreation uses that the township approves to be within the preserved open space, crop farming, raising and keeping of horses, customary keeping of livestock as accessory to crop farming, utilities necessary to serve the development, and customary permitted accessory uses. A manufactured home park shall not qualify as a COSDO. In addition, a twin dwelling unit with the dwelling units separated by a vertical wall shall be allowed as long as each unit is on a separate lot.

(3) A tract shall be eligible for approval for a COSDO if it includes a minimum of 25 acres of lot area in common ownership. Such land area shall be contiguous, except that portions of the tract may be separated only by existing or proposed streets or creeks.

(a) The amount of preserved open space shall be based upon the total lot area of all lots within the development, prior to subdivision.

1. Areas that were preserved by a conservation or agricultural preservation easement or deed restriction prior to the submittal of the subdivision plan shall not be counted towards the area of the tract in calculating preserved open space or allowed density.

2. See the definition of “Open Space, Preserved” in § 155.051. That definition provides that certain features not count towards preserved open space. Areas used for a principal non-residential use (other than uses approved by the township to be part of the preserved open space, such as an agricultural barn) shall not be included within the land area used to calculate residential density.

(b) Conservation easements or deed restrictions shall be established on lots as necessary to ensure that the maximum density requirement is met overtime. Such conservation easements shall prevent the re-subdivision of lots in a manner that would violate this section.

(4) A COSDO shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this section.

(5) Procedures. Applicants must first submit a layout plan and an existing features plan for review by the township for zoning compliance. The applicant and township officials are strongly encouraged to walk the tract after a detailed existing features map has been provided to the township, but before the site layout has been finalized before completing detailed fully engineered preliminary subdivision plans. This two-step process will allow the township and the applicant to mutually agree upon the preserved open space and development layout before large sums of money are spent by the applicant on detailed engineering. Detailed stormwater, grading, utility, profile and erosion control plans shall not be required at the zoning compliance review stage if such matters will be submitted as part of the subdivision or land development approval process.

(C) Density, open space and lot standards. The maximum number of dwelling units on the tract shall be determined based upon an existing features map and a yield plan.

(1) An existing features map shall be required to be submitted as part of the application for a COSDO. This existing features ,ap shall accurately show the locations of the following at a minimum: wetlands, 100-year floodplains, areas of woodland, existing topography, existing buildings with a description of any buildings over 70 years old, highlighting of 15% to 25% slopes and 25% and greater slopes, and any major scenic views from within the tract or from outside of the tract.

(2) A yield plan shall be submitted to the township by the applicant. The yield plan shall accurately show the maximum number of dwelling units that would be possible under current township ordinances if the conservation/open space development provisions would not be used, and instead the provisions for conventional development in the applicable zoning district would be used. The yield plan shall be completed to an accurate scale, including accurately showing the existing feature map information described above. The yield plan shall show potential lots, streets, and retention/detention pond locations. However, the yield plan shall not serve as, and is not required to contain, the engineering detail requirements of a preliminary subdivision plan.

(3) The yield plan shall be reviewed by the Zoning Officer or the Township Engineer, and then determined by the Planning Commission as to whether it represents a reasonably accurate estimate of the number of dwelling units possible on the site, both physically and legally. If such estimates are determined to not be accurate, the applicant shall be required by the Zoning Officer or the Township Engineer to revise the yield plan until it is accurate.

(a) The maximum number of dwelling units allowed on the tract through COSDO shall be the same as the number of dwelling units that is determined by the township to be possible under the township-accepted yield plan.

(b) The allowed number of dwelling units may be rounded to the nearest whole number.

(4) All provisions of this zoning ordinance and the applicable zoning district shall apply, except for provisions that are specifically modified by this section. For example, lots in a COSDO shall comply with any requirements of this chapter to delete certain natural features from lot area of individual lots. The following dimensional requirements shall apply, provided that the total maximum density for the tract is not exceeded and central sewer and central water services are provided:

(a) R-A District. The minimum lot area shall be 21,780 square feet (one-half acre). The reduced dimensions in this division shall only apply if central sewage and central water services are provided.

1. For single family detached dwellings the minimum lot area shall be 21,780 square feet (see natural feature regulations including § 155.112 for steep slopes. The minimum lot area is per dwelling unit.) The same dimensional requirements shall apply as are provided for in conventional development in the R-A District, except that the minimum lot width shall be reduced to 110 feet. The minimum front yard setback shall be reduced to 30 feet. The minimum side yard setback shall be reduced to 45 feet total with a 20-foot minimum on one side. The maximum percent of impervious cover shall increase to 30%. These dimensions shall only apply if central sewage and central water services are provided. A minimum of 50% of the total lot area of the tract (prior to subdivision) shall be preserved as preserved open space.

2. For twin dwelling units, the following dimensional requirements shall apply: The minimum lot area shall be 21,780 square feet (see natural feature regulations including § 155.112 for steep slopes. The minimum lot area is per dwelling unit.) The minimum lot width shall be 110 feet per dwelling unit. The minimum front yard setback shall be 30 feet. The minimum rear yard setback shall be 50 feet. The minimum side yard setback shall be 40 feet on one side and zero feet on the other side where the shared lot line of the lawfully attached dwelling is. The maximum percent of building coverage is 25%. The maximum percent of impervious coverage is 25%. Only side-by-side dwellings shall be allowed. These reduced dimensions shall only apply if central sewage and central water services are provided.

(5) Utilities. Any lot with a lot area of less than one acre per dwelling unit shall be served by township-approved centralized sewer service and a township-approved centralized water system.

(6) Subdivision of part of a tract. This division (C)(6) addresses a situation in which only part of a lot is proposed to be subdivided, and the applicant at the present time does not intend to subdivide for the maximum number of dwellings allowed by this section. In such case, the applicant shall establish a permanent conservation easement covering preserved open space to comply with this section. Because only part of the tract is being subdivided, it may not be necessary to meet the preserved open space requirement based upon the area of the entire tract.

(a) The land under the conservation easement shall be a shape that is approved by the township and shall be located where it could adjoin land that would be added as preserved open space in the future if the total allowed number of dwellings would be developed.

(b) The following hypothetical example assumes a tract includes 50 acres, and the yield plan determines that the applicant for a COSDO is allowed a total of 30 new dwellings. In this example, the applicant only wishes to subdivide lots for ten new dwellings at the present time, which is one-third of the total number of allowed dwellings. At the present time, only one-third of the open space would need to be preserved, compared to if all of the allowed housing units would be developed. However, the preserved open space would need to be placed on the tract at a location where it could be joined by the remaining acres of land under a conservation easement if the applicant in the future decided to subdivide lots for the remaining 20 dwelling units that are allowed.

(7) A minimum of 80% of the required preserved open space shall be in one contiguous lot, except that the preserved open space may be separated by creeks, water bodies, and a maximum of one street.

(a) As part of this type of development approval, the Board of Supervisors may approve the following, if the applicant proves to the satisfaction of the Board of Supervisors that such configuration would serve the purposes of this section and be in the best interests of the township, considering the unique circumstances of the tract:

(b) A reduction of the percentage of the preserved open space that is in one lot; or

(d) An access way limited to emergency vehicles may also cross the preserved open space.

(8) The Board of Supervisors may require that the majority of the required preserved open space be placed:

(a) Adjacent to an existing or planned public or homeowner association-owned recreation area,

(b) Adjacent to existing farmland,

(c) At the edge of a neighboring undeveloped lot, where the preserved open space could be connected in the future to open space on that neighboring lot, or

(d) Adjacent to an arterial street or expressway where the open space will serve to buffer homes from the traffic.

(D) Conditions for approval. An COSDO shall only be approved if the applicant proves to the satisfaction of the township that the following additional conditions shall be met:

(1) That the open space development would clearly serve a valid public purpose that would result in a development that would be superior to what would result if the land would be developed as a conventional development. Such valid public purposes include but are not limited to the following:

(a) The permanent preservation of dense forests, steep slopes, wetlands, creek valleys, mountain ridges, important wildlife corridors/habitats, highly scenic areas or other sensitive natural features.

(b) The permanent preservation of a substantial area of land in agricultural uses, in a tract of proper size and configuration that allows for efficient agricultural use and that properly considers the issue of compatibility between the agricultural uses and homes. In such case, new dwellings shall be concentrated adjacent to existing dwellings and residential zoning districts.

(c) The dedication of recreation land at a site deemed appropriate by the Board of Supervisors and that involves land that is clearly suitable for active and/or passive recreation.

(d) The provision of preserved open space in a location that will allow homes to be buffered from highly-noxious, nuisance-generating uses, such as a heavily traveled street or industrial uses. In such case, intensive landscaping and/or planting for eventual re-forestation shall be provided.

(2) The applicant shall prove that the proposed COSDO has been designed in full consideration of important natural features, including mature woodlands, creek valleys, steep slopes and wetlands.

(a) At a minimum, the applicant shall prove that areas along perennial creeks shall be preserved in their natural state, except for landscaping, erosion control improvements, public recreation improvements and needed utility, street and driveway crossings. Low-maintenance landscaping is encouraged along creeks and other areas where maintenance would otherwise be difficult.

(b) The natural features of the site shall be a major factor in determining the siting of dwelling units and streets.

(3) The township may require the use of conservation easements within an open space development to limit the disturbance of natural slopes over 15%, wetlands, mature forests, creek valleys and other important natural features.

(E) Preserved open space.

(1) Preserved open space. The minimum amount of “preserved open space” shall be provided, which shall meet the requirements of this section and the definition in § 155.051 of “Open Space, Preserved.”

(a) The preserved open space requirements of this section shall be in addition to the recreation land or fee-in-lieu of land requirements of the Subdivision and Land Development Ordinance (SALDO), unless the applicant proves to the satisfaction of the Board of Supervisors that the proposed preserved open space would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO.

(2) Open space standards. Required preserved open spaces shall meet all of the following requirements:

(a) Preserved open space shall be permanently deed-restricted or protected by an appropriate conservation easement to prevent the construction of buildings or the use for any non-agricultural commercial purposes. Forestry shall meet township requirements and removal of healthy mature trees shall be limited to selective cutting following a township-approved forest management plan that follows best management practices. Land approved as required preserved open space shall only be used for noncommercial passive recreation, a nature preserve, crop farming and/or another township-approved agricultural use.

(b) Improvements to open spaces. Where preserved open space is proposed to be used for recreation and/or dedicated to the township, the application shall include a detailed and legally binding (if approved) description of what improvements the applicant will make to any land to make it suitable for its intended purpose.

1. Examples of such improvements include preservation and planting of trees, development of trails, stabilization of creek banks, removal of invasive vegetation, and grading of land for recreation.

2. Type of maintenance. The final subdivision plan shall state the intended type of maintenance of the open space, such as lawn areas that are regularly mowed, or natural areas for passive recreation that are intended for minimal maintenance.

3. All proposed preserved open space shall be cleared of construction debris, materials from illegal dumping and any rocks that were not naturally on the land, unless those rocks are incorporated into landscaping improvements.

4. The applicant shall prove that all required preserved open space would be suitable for its intended and township-approved purposes. The township may require the provision of a trail easement and/or the construction of a recreation trail through preserved open space. If a developer installs a trail, it shall be completed prior to the final sale of any adjacent residential lots.

5. Lots and preserved open spaces shall be located to promote pedestrian and visual access to preserved open spaces whenever possible.

6. Sufficient access points from each preserved open space shall be provided to streets for pedestrian access and maintenance access. The Board of Supervisors may require that maintenance and/or pedestrian access points be paved and be up to eight feet in width, meeting township standards for a bike path. Maintenance access points shall be of a slope that is suitable for access by vehicles and equipment.

(3) Open space ownership. The method(s) to be used to own, preserve and maintain any preserved open space shall be acceptable to the township. The township shall only approve a COSDO if the applicant proves there will be an acceptable method to ensure permanent ownership, preservation and maintenance of land that will not be included in individual home lots.

(a) The method of ownership and use of any required preserved open space shall be determined prior to preliminary subdivision or land development approval. The township should be given right of first refusal at the time of such review to accept proposed open space as public open space. The township shall only accept ownership of open space if the Board of Supervisors has agreed in writing in advance to accept such ownership. If the preserved open space will not be owned by the township, then the preserved open space shall be permanently preserved by one or a combination of the following methods that are found to be acceptable to the Board of Supervisors:

1. Dedication to the county as public open space, if the County Commissioners agree in writing to such dedication.

2. Dedication to the School District if such Board of Education agrees in writing to accept such dedication and to use and maintain the land for school recreation, public recreation, environmental education and/or related open space.

3. Dedication to a homeowners association as preserved open space, with the homeowners legally bound to pay fees for the maintenance and other expenses of owning such land, and with such homeowners association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for preserved open space that is not publicly-owned. Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The township may delay a dedication of maintenance responsibilities by a developer to a homeowners association until such association is incorporated and able to maintain such land.

4. Dedication of the land to an established nature conservation organization acceptable to the Board of Supervisors for maintenance as a nature preserve or passive recreation area.

5. Dedication of a permanent conservation easement that results in the land being used for a township-approved agricultural use, such as crop farming, a tree farm, or a horse farm, and which may include one of the allowed dwelling units on the lot.

6. Dedication to the State Game Commission, State Fish and Boat Commission or similar public agency, if such agency agrees in writing in advance to accept the dedication and to maintain the land for public recreation.

7. Preservation of the preserved open space as part of one privately-owned lot that is restricted against subdivision by a conservation easement, if the applicant proves that none of the other alternatives are feasible. In such case, the preserved open space shall be in addition to the land area that would needed to meet the requirements for any dwelling on the lot. The conservation easement shall control alteration of natural features on the lot and shall limit nonresidential use/non-agricultural use of the lot. Legal documents providing for ownership and/or maintenance of required preserved open space shall be reviewed by the Township Solicitor and be subject to approval by the Board of Supervisors prior to recording of the final plan. A legally binding system shall be established to oversee and maintain land that will not be publicly-owned. The applicant shall prove compliance with state law governing homeowner associations. Proper notations shall be required on the recorded plan. For example, if the preserved open space is intended to be owned by a homeowner association as recreation land, a statement should be included that the designated open space “shall not be further subdivided and shall not be used for the construction of any non-recreation buildings.”

(b) Changes in open space uses. If the required preserved open space is proposed to be used for purposes that were not authorized in the township approval, then a revised approval shall be required for the changed use.

(4) Steep slopes. Within an open space development, the steep slope provisions of § 155.112 shall still apply.

(5) Phasing. The development shall include a phasing system that shall be approved by the Board of Supervisors. Such phases shall ensure that the requirements of this section will be met after the completion of any one phase, and that the development could properly function without the construction of additional phases.

(6) Landscaping plan. An application for an open space development involving over ten acres shall include a landscape planting and preservation plan prepared by a registered landscape architect.

(a) Such plan shall show the locations, general species and initial sizes of landscaping to be planted within the preserved open space and throughout the tract.

(b) Such plan shall also show that existing substantial healthy trees will be preserved to the maximum extent reasonable. The methods to ensure preservation during construction shall be described.

(c) Landscaping shall also be used as appropriate to filter views of denser housing from any adjacent housing that is less dense.

(Ord. 157, passed 9-6-2018)

§ 155.077 COORDINATED ZONING ALONG MUNICIPAL BORDERS DEVELOPMENT OPTION.

(A) Purposes. To coordinate zoning uses along municipal borders to:

(1) Reduce environmental impacts or potential nuisances including but not limited to glare, odor, vibration and noise;

(2) Aid in reducing heavy truck traffic from the most vulnerable residential, natural and agricultural uses;

(3) Coordinate land uses at municipal borders to yield the most harmonious region-wide results between developed, cultivated and undeveloped lands;

(4) Consider density, population projections and surrounding developments when reviewing new land development proposals to allow for seamless, rather than shock, transition between the different uses;

(5) Direct development to those areas that are more physically suited for residential use;

(6) Accommodate future housing demand, housing supply and diversity;

(7) Maintain neighborhood character;

(8) Encourage a mix of housing of varying sizes and densities to avoid overdependence and excessive uniformity of residential development within an area;

(9) Maintain appropriate distances between conflicting land uses (generally industrial or high-traffic commercial) versus housing and agriculture;

(10) Provide for transitional forms of development between residential, agricultural and industrial areas;

(11) Develop zoning and subdivision and land development regulations that, whenever possible, ensure screening, buffering or other methods of separating intensive uses;

(12) Encourage industrial freight traffic to the most appropriate and efficient roadways and to avoid traffic impacts on local roads;

(13) Allow each property owner a reasonable use of their land related directly to the features and location and accessibility of the land;

(14) Encourage maintaining the character of adjoining residential neighboring zoning districts.

(B) Applicability. This section allows an applicant the option for residential use on industrial tracts of land as designated on the Official Zoning Map solely within the CZAMB-OD where the surrounding land uses are primarily residential if the applicant proves compliance with all of the requirements of this section to the satisfaction of the township.

(1) The Coordinated Zoning Along Municipal Borders Overlay District ("CZAMB-OD") is an overlay established to permit residential development design within the areas designated on the Official Zoning Map. Coordinated Zoning Along Municipal Borders Development shall be permitted by right solely within the CZAMB-OD, in accordance with the minimum requirements set forth in this Part. In the absence of a specific standard for the Coordinated Zoning Along Municipal Borders development design appearing in this Part, the provisions of the base zoning district shall apply.

(2) Uses. A CZAMB shall only include the following uses: single family detached dwellings, recreation uses that the Township approves to be within open space, and utilities necessary to serve the development. A manufactured home park shall not qualify as a CZAMB. In addition, a twin dwelling unit with the dwelling units separated by a vertical wall shall be allowed as long as each unit is on a separate lot.

(3) A CZAMB shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this section.

(4) Procedures, Applicants must first submit a layout plan for review by the township for zoning compliance before the site layout has been finalized and before completing detailed fully engineered preliminary subdivision plans. This process will allow the township and the applicant to review the project and mutually agree upon the general development layout meeting the purposes as described in § 155.077(A) prior to detailed engineering. At this time the applicant and township shall also review and determine how the applicant will address Section 1007 of the Upper Milford Township Subdivision and Land Development Ordinance relating to recreation areas and fees. The applicant shall also consult the U.S. Postal Service for requirements for mail delivery receptacles and incorporate that into the layout plan. The Township would prefer centralized mail delivery receptacles in new residential developments. Detailed development plans containing stormwater, grading, utility, profile and erosion control plans, and the like shall be submitted for review and approval as part of the subdivision or land development approval process.

(5) Applicants shall dedicate, in fee, to a homeowners association such property as may be necessary for all Stormwater Best Management Practices required by the National Pollutant Discharge Elimination Permit as part of the Land Development/Subdivision approval process. The homeowners shall be legally bound to pay fees to the homeowners association for the maintenance and other expenses of owning such land, and with such homeowners association being incorporated with covenants and by-laws, approved by the township prior to the recording of the record plan, providing for the filing of assessments and/or municipal liens for the non-payment of maintenance costs. The Stormwater Best Management Practices shall not be built upon property required to meet the minimum lot area of § 155.077(C)(3)(a)1. and (C)(3)(b)1.

(1) All provisions of this zoning ordinance and the applicable zoning district shall apply, except for provisions that are specifically modified by this section. For example, lots in the CZAMB-OD shall comply with any requirements of this chapter to delete certain natural features from lot area of individual lots.

(2) Requirements for accessory uses and miscellaneous uses in § 155.068 under the RS-R (Rural Suburban Residential District) heading shall apply if the CZAMB Development Option is used.

(3) The following dimensional requirements shall apply, provided that central sewer and central water services are provided:

(a) Single Family Detached Dwellings.

1. The minimum lot area shall be 9,000 square feet. (See natural feature regulations including § 155.112 for steep slopes. The minimum lot area is per dwelling unit.)

2. The minimum lot width shall be 75 feet measured at minimum building setback line.

3. The minimum front yard setback shall be 25 feet.

4. The minimum side yard setback shall be 15 feet per side.

5. The minimum rear yard setback shall be 35 feet.

6. The maximum percent building coverage shall be 35%.

7. The maximum percent of impervious coverage shall be 45%.

(b) Twin dwelling units.

1. The minimum lot area shall be 6,500 square feet. (See natural feature regulations including § 155.112 for steep slopes. The minimum lot area is per dwelling unit.)

2. The minimum lot width shall be 55 feet measured at minimum building setback line.

3. The minimum front yard setback shall be 25 feet.

4. The minimum side yard setback shall be 15 feet on one side and 0 feet on the other side where the shared lot line of the lawfully attached dwelling is.

5. The minimum rear yard setback shall be 35 feet.

6. The maximum percent building coverage shall be 40%.

7. The maximum percent of impervious coverage shall be 50%.

(4) A lot within the CZAMB-OD shall not include more than one principal use and shall not include more than one principal building.

(5) A minimum 20 foot buffer yard including plant screening meeting the requirements of § 155.092(D)(2), (3), (4), (5), and (6) shall be required along the rear and side lot lines that abut another lot with a non-residential use when the CZAMB-OD residential option is used.

(6) As a minimum standard the cartway width within a CZAMB-OD residential use shall be 30 feet with curbs on both sides and on street parking on one side.

(7) Fences and walls proposed in the required side yard setback area shall be designed to not restrict access to the rear of the dwelling for future utility or emergency purposes. This requirement shall also be included within the covenants and bylaws of the homeowners association.

(Ord. 168, passed 8-18-2022)

“Lands within the AC District are in an area where the township has given priority to commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that the Pennsylvania “Right to Farm Law” and/or agricultural security area designation may bar them from obtaining a legal judgment against such normal agricultural operations.”

(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013)

Upper Milford Township
City Zoning Code

DISTRICTS, PERMITTED

USES AND YARD REQUIREMENTS

§ 155.065 ESTABLISHMENT OF ZONING DISTRICTS AND PURPOSES.

(A) For the purpose of this chapter, zoning districts are hereby established as follows:

AC	Agricultural Conservation
R-A	Rural Agricultural
RS-R	Rural Suburban Residential
S-R	Suburban Residential
C	Commercial
I	Industrial
CON	Conservation
VC	Village Commercial
VR	Village Residential
COSDO-OD	Conservation/Open Space Development Option Overlay
CZAMB-OD	Coordinated Zoning Along Municipal Borders Overlay District

(B) For the purposes of this chapter, the zoning districts named in division (A) above shall be of the number, size, shape and location shown on the Official Zoning Map.

(C) The following zoning districts are intended to serve the following purposes, in addition to the overall purposes and objectives of this chapter and the Comprehensive Plan:

(6) VR Village Residential District. To provide for residential uses that are similar in character to existing homes in the older villages of the township;

(Ord. 126, passed 3-18-2010; Ord. 140, passed 5-7-2015; Ord. 157, passed 9-6-2018; Ord. 168, passed 8-18-2022)

§ 155.066 APPLICATION OF DISTRICT REGULATIONS.

(B) The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.

(G) No more than one principal use shall be permitted on a lot, unless specifically permitted by this chapter.

(Ord. 126, passed 3-18-2010)

§ 155.067 ZONING MAP AND RULES FOR INTERPRETING DISTRICT BOUNDARIES.

(A) A map entitled, “Zoning Map for the Township of Upper Milford” accompanies this chapter and is declared a part of this chapter.

(1) The base information on the Zoning Map may be periodically revised to reflect approved subdivisions.

(2) The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall include an amendment thereof.

(G) Boundaries approximately following property lot lines shall be construed as following such property lot lines.

(H) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of such map.

(J) Where a lot is situated in more than one district, then the zoning requirements of the less dense district shall be applied.

(Ord. 126, passed 3-18-2010; Ord. 157, passed 9-6-2018)

§ 155.068 TABLE OF ALLOWED USES IN EACH ZONING DISTRICT.

(A) For the purposes of this section, the following abbreviations shall have the following meanings:

P = Permitted by right use (zoning decision by Zoning Officer)

SE = Special exception use (zoning decision by Zoning Hearing Board)

N = Not permitted

(§ 155.073) = See additional requirements in § 155.073 for a permitted by right use or § 155.074 for a special exception use

(§ 155.074) = See additional requirements in § 155.074

(§ 155.075) = See additional requirements in § 155.075

(3) For temporary uses, see § 155.022(G).

Table 155.068(B)(4): Allowed Uses in Primarily Residential Zoning Districts
*1 = This use shall be limited to a building that was constructed prior to January 1, 1940, in addition to any customary additions to such building

P = Permitted by use right (zoning decision by Zoning Officer)
SE = Special exception use (zoning decision by Zoning Hearing Board)
N = Not permitted
(§ 155.073) = See additional requirements in § 155.073 for a permitted by right use or § 155.074 for a special exception use
(§ 155.074) = See additional requirements in § 155.074
(§ 155.075) = See additional requirements in § 155.075

Types of Uses (See definitions of uses in § 155.051)	Zoning Districts (See names of districts in § 155.065)
Types of Uses (See definitions of uses in § 155.051)	CON	R-A	RS-R	S-R	AC	VR
Accessory Uses See list of additional permitted uses in division (C) below such as “Residential Accessory Structure or Use” See additional requirements in § 155.075 for specific accessory uses
Bees, keeping of	P	P	P	P	P	P
Bus shelter at a public bus route stop (§ 155.075)	N	N	N	P	N	P
Composting, other than leaves or materials generated on-site (§ 155.075)	SE	SE	N	N	SE	N
Day care center accessory to and on the same lot as an existing lawful place of worship	P	P	P	P	P	P
Day care (§ 155.075) as accessory to a dwelling:
- Day care of a maximum of 3 adults or youth, in addition to “relatives” of the caregiver	P	P	P	P	P	P
- Group day care home	N	N	N	SE	N	SE
- Family day care home	SE	SE	SE	SE	SE	SE
Farm-based business (§ 155.075)	SE	SE	SE	SE	SE	SE
Home occupation, major (§ 155.075)	SE	SE	SE	SE	SE	SE
Home occupation, minor (§ 155.075)	P	P	P	P	P	P
Horses - see under pets in § 155.075
Retail sales of agricultural commodities (§ 155.075)	P	P	P	P	P	P
Temporary retail sales - shall only occur if allowed by § 155.022(G)
Timber harvesting	P	P	P	P	P	P
Unit for care of relative (§ 155.075)	SE	SE	SE	SE	SE	SE
Commercial Uses
Airport, private or public (§ 155.074)	N	SE	N	N	N	N
Bed and breakfast inn (§ 155.074)	SE* 1	SE* 1	N	N	SE* 1	SE
Campground (§ 155.074), not including recreational vehicle campground	SE	SE	N	N	N	N
Golf course (§ 155.073), with a minimum lot area of 25 acres	N	P	P	P	N	P
Gun club/outdoor target range, for firearms (§ 155.074)	SE	SE	N	N	N	N
Kennel (§ 155.074)	N	SE	N	N	SE	N
Plant nursery or tree farm, with any on-site retail sales limited to trees and shrubs primarily grown on the premises, and with a 5% maximum building coverage and a 2 acre minimum lot area	P	P	P	P	P	P
Timber harvesting	P	P	P	P	P	P
Wireless communications facility (§ 155.074)
- Meeting § 155.074 pertaining to antenna placed on certain existing structures	P	P	P	P	P	P
- Other than above (such as freestanding towers)	SE	N	N	N	N	N
Institutional/Semi-Public Uses
Cemetery (not including crematorium, which is listed separately) (§ 155.073)	P	P	P	P	P	P
Church - see place of worship below under Public/Semi-Public
College or university - educational and support bldgs. (other than environmental education center)	N	N	N	N	N	N
Community recreation center or library	N	N	P	P	P	P
Cultural center or museum	N	N	N	N	N	N
Day care center, adult (§ 155.073)	N	N	N	N	N	N
Day care center, child (§ 155.073) (see also as an accessory use)	N	N	N	N	N	N
Emergency services station (§ 155.074)	N	SE	SE	SE	N	SE
Hospital	N	N	N	N	N	N
Hunting and fishing club, with a 5% maximum building coverage. This term shall not include uses listed separately in this section	P	P	P	P	P	P
Maintenance facilities for residential property owners associations, which shall be required to be separated by landscaped screening from any dwellings	N	P	P	P	P	N
Membership club meeting and noncommercial recreational facilities, provided that an “after hours club”, “tavern” or uses listed separately in this section shall only be allowed if so listed in this table and if the requirements for that use are also met	N	SE	N	N	N	SE
Miscellaneous Uses
Animal husbandry (§ 155.073)
- Not intensive	P	P	P	P	P	P
- Intensive	N	SE	SE	SE	SE	N
Commercial stable or riding academy (§ 155.073)	P	P	SE	SE	P	SE
Crop farming	P	P	P	P	P	P
Forestry	P	P	P	P	P	P
Greenhouse, wholesale, with a 10 acre minimum lot area	P	P	P	P	P	P
Ground water or spring water withdrawal, averaging more than 10,000 gallons per day removed from a tract for off-site consumption (§ 155.073) (See also requirements for food and beverage bottling and processing under industrial uses)	SE	SE	SE	SE	SE	SE
Nature preserve or environmental education center, with a 10 acre minimum lot area for any use involving a principal building	P	P	P	P	P	P
Parking lot for carpooling	N	N	N	N	N	N
Parking lot as the principal use of a lot	N	N	N	N	N	N
Timber harvesting	P	P	P	P	P	P
Sewage sludge/biosolids, land application of	SE	SE	N	N	SE	N
Sewage treatment plant	SE	SE	SE	SE	SE	SE
Wind turbine, which shall be required to have a setback equal to the total height from all lot lines to the tip of the extended rotor
- Maximum of one wind turbine per lot as an accessory use that is primarily intended for generating on-site electricity (§ 155.075)	P	P	P	P	P	P
- Other than above, such as 2 or more wind turbines per lot (§ 155.074)	N	N	N	N	SE	N
All uses that will be unable to comply with the performance standards of this ordinance. See the “environmental protection” requirements of §§ 155.110 through 155.124	N	N	N	N	N	N
Public/Semi-Public
Government facility, other than uses listed separately in this section	SE	SE	SE	SE	SE	SE
Nursing home or personal care home/assisted living (§ 155.073)	N	N	N	SE	N	N
Place of worship (§ 155.073) (includes church)	SE	SE	SE	SE	SE	SE
Public utility facility other than uses listed separately in this section (see also § 155.032)	SE	SE	SE	SE	SE	SE
Publicly owned or operated recreation park	P	P	P	P	P	P
School, public or private, primary or secondary	N	SE	SE	SE	N	SE
Swimming pool, non-household (§ 155.073)	SE	SE	SE	SE	SE	SE
Timber harvesting	P	P	P	P	P	P
Township government uses, other than uses listed separately in this section	P	P	P	P	P	P
U.S. postal service facility, which may include a leased facility	N	N	N	N	N	N
Residential Uses
Age-restricted residential development under compliance with § 155.071	N	P	P	P	N	P
Apartments (§ 155.073), not including conversions of an existing building:
- Only 2 dwelling units in a building (duplex or two-family detached dwelling)	N	N	N	P	N	N
- 3 or more dwelling units in a building	N	N	N	P	N	N
Boarding house (includes rooming house) (§ 155.073)	N	N	N	N	N	N
Conservation/open space development option in compliance with § 155.076		P
Conversion of an agricultural building that included more than 500 square feet of floor area prior to 1985 into one dwelling unit ***	P	P	P	P	P	P
Conversion of an existing building to result in an increased number of dwelling units, other than above (see also “unit for care of relative” under accessory uses)	N	N	N	N	N	N
Group home within a lawful existing dwelling unit (§ 155.073), not including a treatment center	P	P	P	P	P	P
Manufactured/mobile home park (§ 155.073)	N	N	N	SE	N	N
Single-family detached dwelling (Note: manufactured/mobile homes shall also meet the additional requirements of § 155.073)	P	P	P	P	P	P
Timber harvesting	P	P	P	P	P	P
Townhouse (rowhouse) (§ 155.073)	N	N	N	P	N	N
Twin dwelling (side-by-side)	N	N	P	P	N	P

Table 155.068(B)(5): Allowed Uses in Primarily Business Zoning Districts
*2 = With a maximum floor area of 2,000 square feet for each retail establishment
** = However, in the VC district, an auto repair use shall be allowed if it meets all of the following additional requirements: a) it involves a maximum building floor area of 5,000 sq. ft.; b) it does not involve auto body work, spray painting of vehicles or sale of fuel; c) it does not involve vehicle repair between the hours of 9:00 p.m. and 6:00 a.m.; and d) it does not involve repair of vehicles with an aggregate gross vehicle weight of greater than 17,000 pounds
*** = See definition of Agriculture Building in § 155.051 but with the additional condition that it was not originally built with metal exterior walls
P = Permitted by use right (zoning decision by Zoning Officer)
SE = Special exception use (zoning decision by Zoning Hearing Board)
N = Not permitted
(§ 155.073) = See additional requirements in § 155.073 for a permitted by right use or § 155.074 for a special exception use
(§ 155.074) = See additional requirements in § 155.074
(§ 155.075) = See additional requirements in § 155.075

Types of Uses (See definitions of uses in § 155.051)	Zoning Districts
	VC	C	I
Accessory Uses
See list of additional permitted uses in division (C) below, such as “Residential Accessory Structure or Use” See Additional Requirements in § 155.075 for specific accessory uses
Bees, keeping of	P	P	P
Bus shelter (§ 155.075) along a public bus route	P	P	P
Composting (§ 155.075), other than leaves, tree bark or materials generated on-site which are permitted by right	N	SE	SE
Day care center accessory to and on the same lot as an existing lawful place of worship, with a minimum lot area of 2 acres	P	P	P
Day care (§ 155.075) as accessory to an existing dwelling:
- Day care of a maximum of 3 adults or youth, in addition to “relatives” of the caregiver	P	P	P
Day care (§ 155.075) as accessory to a dwelling:
- Family day care home	P	P	SE
- Group day care home	P	P	SE
Farm-based business (§ 155.075)	P	P	P
Home occupation, major (§ 155.075)	SE	SE	P
Home occupation, minor (§ 155.075)	P	P	P
Outdoor storage and display as accessory to a business use shall also comply with §§ 155.092 and 155.093	P	P	P
Parking lot for carpooling (see also miscellaneous uses below)	P	P	P
Retail sales of agricultural commodities (§ 155.075)	P	P	P
Temporary retail sales - see § 155.022(g)	P	P	P
Timber harvesting	P	P	P
Unit for care of relative (§ 155.075)	P	P	P
Commercial Uses
Academic clinical research center		SE	SE
Adult use (§ 155.074)	N	N	SE
After hours club - to the extent the use is not prohibited by State Act 219 of 1990	N	N	N
Airport, private or public (§ 155.074) (see also “Heliport”)	N	N	SE
Amusement arcade	N	P	N
Amusement park or water park	N	P	N
Animal cemetery (§ 155.074)	N	SE	SE
Auditorium (commercial), arena, performing arts center or exhibition - trade show center	N	P	N
Auto, boat or mobile/manufactured home sales (§ 155.073)	N	P	N
Auto repair/body shop or auto service station (§ 155.073)	N**	P	N
Bakery, retail	P	P	P
Bed and breakfast inn, which shall meet regulations listed for the use in § 155.074	P	P	P
Betting use, beyond gambling that is allowed under state law through the lottery or small games of chance	N	N	N
Beverage distributor (wholesale and/or retail)	P	P	P
Bus maintenance or storage yard	N	P	P
Bus stop for inter-city bus service (other than bus maintenance or storage yard)	P	P	P
Bus stop for local bus service	P	P	P
Campground (§ 155.073) other than recreational vehicle campground	SE	P	P
Campground, recreational vehicle (§ 155.073), which may include an accessory camp store that is primarily for use by campers	N	SE	SE
Car wash (§ 155.073)	N	P	N
Catering, custom, for off-site consumption	P	P	P
Conference center	P	P	P
Construction company or tradesperson’s headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as home occupation. Accessory outdoor storage shall be permitted provided it meets the buffer requirements of § 155.092(D)	P	P	P
Crafts or artisan’s studio (see also as home occupation)	P	P	P
Custom printing, copying, faxing, mailing or courier service	P	P	P
Dispensary		SE	SE
Exercise club	P	P	P
Financial institution (includes banks), with any “drive-through” facilities meeting § 155.075	P	P	P
Flea market/auction house	P	P	P
Funeral home	P	P	P
Garden center, retail	P	P	P
Gas station - see auto service station
Golf course (§ 155.073)	P	P	P
Gun club/outdoor target range, for firearms (§ 155.074)	N	N	SE
Heliport (see provisions in § 155.074 under airport or heliport)	N	N	SE
Hotel or motel (§ 155.073)	P	P	P
Kennel (§ 155.074)	N	SE	SE
Laundromat	P	P	P
Laundry, commercial or industrial	N	P	P
Lumber yard	N	P	P
Medical marijuana delivery vehicle office		SE	SE
Motor vehicle racetrack (§ 155.074)	N	N	SE
Nightclub (§ 155.073)	N	SE	N
Office (may include medical labs, see also home occupations)	P	P	P
Pawn shop	N	P	N
Personal services (includes tailoring, custom dressmaking, haircutting/styling, travel agency, drycleaning, shoe repair, “massage therapy, certified” and closely similar uses) (See also home occupation)	P	P	P
Picnic grove, commercial (§ 155.073)	P	P	P
Plant nursery (other than a retail garden center)	P	P	P
Propane retail distributor, other than pre-packaged sales, with a 150 feet minimum setback required between any storage or dispensing facilities and any residential district, and with fire company review	N	N	SE
Recording studio, music	P	P	P
Recreation, commercial indoor (§ 155.073 under “commercial indoor recreation”) (includes bowling alley, roller or ice skating rink, batting practice, and closely similar uses); other than uses listed separately in this section	SE	P	P
Recreation, commercial outdoor (§ 155.073, including miniature golf course, golf driving range, archery, paintball and closely similar uses); other than uses listed separately in this section	SE	P	P
Repair service, household appliance	P	P	P
Restaurant or banquet hall (§ 155.073)
- With drive-through service (§ 155.075)	N	P	N
- Without drive-through service	P	P	N
Retail store (not including uses listed individually in this section) or shopping center	P *2	P	N
Self-storage development	N	P	P
Target range, firearms, completely indoor and enclosed (see also gun club)	P	P	P
Tattoo or body piercing establishment (other than temporary tattoos or ear piercing, which are personal service uses)	N	P	N
Tavern which may include a state-licensed micro-brewery or micro-distillery (not including an after hours club or nightclub)	SE	SE	N
Theater, indoor movie, other than an adult use	N	P	N
Timber harvesting	P	P	P
Trade/hobby school	P	P	P
Veterinarian office (§ 155.073)	P	P	P
Wireless communications facility (§ 155.074)
- Meeting § 155.074 pertaining to antenna placed on certain existing structures	P	P	P
- Other than above (such as freestanding towers)	N	N	SE
Wholesale sales - see under industrial uses
Industrial Uses
Asphalt plant	N	N	SE
Assembly or finishing of products using materials produced elsewhere (such as products from plastics manufactured off-site)	N	N	P
Building supplies and building materials, wholesale sales of	N	N	P
Distribution as a principal use (other than trucking company terminal)	N	N	P
Grower/processor		SE	SE
Industrial equipment sales, rental and service, other than vehicles primarily intended to be operated on public streets	N	P	P
Junk - outdoor storage, display or processing of, other than within an approved junkyard or solid waste disposal area	N	N	N
Junkyard (§ 155.074)	N	N	SE
Liquid fuel storage, bulk, for off-site distribution, other than: auto service station, retail propane distributor as listed separately, pre-packaged sales or fuel tanks for company vehicles	N	N	SE
Manufacture and/or bulk processing of the following, provided manufacturing occurs only indoors:
- Agricultural chemicals, fertilizers or pesticides	N	N	SE
- Apparel, textiles, shoes and apparel accessories (see also crafts studio)	N	N	P
- Cement manufacture	N	N	SE
- Ceramics products (other than crafts studio)	N	N	P
- Chemicals, manufacture or bulk processing of toxic or “extremely hazardous substances” in amounts in excess of the U.S. EPA threshold planning quantity or substances with similar characteristics	N	N	SE
- Chemical products, other than pharmaceuticals and types listed separately (see above)	N	N	SE
- Clay, brick, tile and refractory products	N	N	P
- Computers and electronic and microelectronic products	N	N	P
- Concrete, cement, lime and gypsum products, other than actual manufacture of cement	N	N	SE
- Electrical equipment, appliances and components	N	N	P
- Explosives, fireworks or ammunition	N	N	N
- Fabricated metal products (except explosives, fireworks or ammunition) and/or machine shops	N	N	P
- Food (human) and beverage products, at an industrial scale as opposed to a clearly retail scale, including but not limited to processing, bottling and related trucking of water removed from a site (not including uses listed individually in this section)	N	P	P
- Food products for animals	N	N	P
- Gaskets	N	N	P
- Glass and glass products (other than crafts studio)	N	N	P
- Incineration, reduction, distillation, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal (other than within an approved solid waste facility)	N	N	N
- Jewelry and silverware	N	N	P
- Leather and allied products (other than crafts studio or tannery)	N	N	P
- Machinery	N	N	P
- Manufactured or modular housing manufacture	N	N	P
- Medical equipment and supplies	N	N	P
- Metal products, primary	N	N	SE
- Mineral products, non-metallic (other than mineral extraction)	N	N	SE
- Paper and paper products (including recycling, but not including manufacture of raw paper pulp)	N	N	P
- Paper - raw pulp	N	N	SE
- Paving materials, other than bulk manufacture of asphalt	N	N	SE
- Pharmaceuticals and medicines	N	N	P
- Plastics, polymers, resins, vinyl, coatings, cleaning compounds, soaps, adhesives, sealants, printing ink or photographic film	N	N	SE
- Products from previously manufactured materials, such as glass, leather, plastics, cellophane, textiles, rubber or synthetic rubber	N	N	P
- Prototypes, as accessory to a research and development principal use	N	P	P
- Roofing materials and asphalt saturated materials or natural or synthetic rubber	N	N	SE
- Scientific, electronic and other precision instruments	N	N	P
- Sporting goods, toys, games, musical instruments or signs	N	P	P
- Transportation equipment	N	N	P
- Wood products and furniture (not including raw paper pulp)	N	P	P
- See § 155.024 for uses that are not listed in mineral extraction (§ 155.073) and related processing, stock-piling and storage of materials removed from the site, but including ground water or spring water withdrawals	N	SE	SE
Packaging	N	P	P
Package delivery services distribution center	N	N	P
Petroleum refining	N	N	SE
Photo processing, bulk	P	P	P
Printing or bookbinding	P	P	P
Recycling center, bulk processing, provided all operations of an industrial scale occur within an enclosed building (this use does not include a solid waste disposal or transfer facility)	N	SE	P
Research and development, engineering or testing facility or laboratory (other than medical laboratories, which is considered an office use)	N	P	P
Sawmill/planing mill	N	P	P
Slaughterhouse, stockyard or tannery, with a 400 feet minimum setback from all lot lines	N	N	SE
Solid waste landfill (§ 155.073)	N	N	SE
Solid waste transfer facility or waste to energy facility (§ 155.073)	N	N	N
Timber Harvesting	P	P	P
Trucking company terminal (§ 155.073)	N	N	SE
Warehousing or storage as a principal use	N	N	P
Warehousing or storage as an on-site accessory use	P	P	P
Welding	N	P	P
Wholesale sales (other than motor vehicles)	N	P	P
Institutional/Semi-Public Uses
Cemetery (§ 155.073, see crematorium listed separately)	P	P	P
College or university - educational and support buildings (other than environmental education center)	P	P	P
Community recreation center (limited to a government sponsored or non-profit facility) or library	P	P	P
Crematorium	N	SE	SE
Cultural center or museum	P	P	P
Day care center, adult (§ 155.073)	P	P	P
Day care center, child (§ 155.073) (see also as an accessory use)	P	P	P
Dormitory as accessory to a college, university or primary or secondary school	N	SE	N
Emergency services station (§ 155.074)	SE	SE	SE
Hospital (§ 155.074)	N	SE	SE
Hunting and fishing club. This term shall not include uses listed separately in this section	P	P	P
Maintenance facilities for on-site grounds maintenance which shall be required to separated by landscaped screening from any dwellings	P	P	P
Membership club meeting and noncommercial recreational facilities, provided that an “after hours club”, “tavern” or uses listed separately in this section shall only be allowed if so listed in this table and if the requirements for that use are also met	P	P	P
Nursing home or personal care home/assisted living	P	P	N
Place of worship (§ 155.073) (includes church)	P	P	P
School, public or private, primary or secondary	P	P	P
Timber harvesting	P	P	P
Treatment center (§ 155.074)	N	SE	SE
Miscellaneous Uses
Animal husbandry (§ 155.073):
- Intensive	N	SE	SE
- Not intensive	SE	SE	P
Commercial stable or riding academy (§ 155.073)	SE	P	P
Crop farming and wholesale greenhouses	P	P	P
Forestry	P	P	P
Ground water or spring water withdrawal, averaging more than 10,000 gallons per day removed from a tract for off-site consumption (§ 155.073) (see also requirements for food and beverage bottling and processing under industrial uses)	N	SE	SE
Nature preserve or environmental education center	P	P	P
Parking lot or structure as an accessory use	P	P	P
Parking lot or structure as a principal use that does not primarily serve tractor-trailer trucks or trailers	P	P	P
Parking lot or structure as a principal use that primarily serves tractor-trailer trucks or trailers	N	N	SE
Sewage sludge/biosolids, land application of	SE	SE	SE
Sewage treatment plant	SE	SE	SE
Timber harvesting	P	P	P
Wind turbine, maximum of 1 per lot, which shall be required to have a setback equal to the total height to the extended tip of the rotors from all lot lines of existing dwellings and residential districts (§ 155.075)	P	P	P
All uses that will be unable to comply with the performance standards of this ordinance. See the “Environmental protection” requirements of §§ 155.110 through 155.124	N	N	N
Public/Semi-Public
Township government uses, other than uses listed separately in this section	P	P	P
Government facility, other than uses listed separately in this section	SE	SE	SE
Prison or similar correctional institution	N	N	SE
Publicly owned or operated recreation park	P	P	P
Public utility facility (see also § 155.032) other than uses listed separately in this section	SE	SE	SE
Timber harvesting	P	P	P
Swimming club or non-household swimming pool (§ 155.073)	P	P	P
U.S. postal service facility, which may include a leased facility	P	P	P
Residential Uses
Apartments (§ 155.073), other than conversions of an existing building	N	N	N
Boarding house (includes rooming house) (§ 155.073)	N	SE	N
Conversion of an existing building to result in an increased number of dwelling units (see also “unit for care of relative” under accessory uses)	SE	SE	N
Coordinated Zoning along Municipal Borders Development Option (§ 155.077)	N	N	P
Group home within a lawful existing dwelling unit (§ 155.073), not including a treatment center	P	P	P
Manufactured/mobile home park (§ 155.073)	N	N	N
Single-family detached dwelling (note - manufactured/mobile homes shall meet the additional requirements of § 155.073)	P	P	N
Timber harvesting	P	P	P
Townhouse (rowhouse) (§ 155.073)	N	N	N
Twin (or two-family) dwelling (side-by-side)	N	N	N

(1) Standard antennas, including antennas used by contractors to communicate with their own vehicles (see standard for each in § 155.075);

(2) Fence or wall (see standard for each in § 155.075);

(3) Garage, household;

(4) Garage sale;

(5) Pets, keeping of (see standard for each in § 155.075);

(6) Parking or loading, off-street, only to serve a use that is permitted in that district;

(8) Residential accessory structure (see definition in § 155.051) (see standard for each in § 155.075);

(9) Signs, as permitted by §§ 155.135 through 155.146;

(10) Swimming pool, household (see standard for each in § 155.075); and

(1) Storage of fuels for on-site use or to fuel company vehicles;

(2) The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:

(a) Internal cafeteria without drive-through service;

(b) Day care center; or

(3) Bus shelters meeting § 155.075;

(4) Automatic transaction machine; and

(5) Storage sheds meeting the requirements of § 155.069.

§ 155.069 DIMENSIONAL REQUIREMENTS IN EACH DISTRICT.

Zoning District: Type of Use

Min. Lot Area (sq. ft.) (Note E)

Min. Lot Width Measured at Min. Building Setback Line (ft.)

Min. Front Yard Setback (ft.) (Note D)

Min. Rear Yard Setback (ft.) **

Min. Side Yard Setback ** (each) (ft.)

Maximum Percent Building Coverage

Maximum Percent Impervious Coverage

Zoning District: Type of Use	Min. Lot Area (sq. ft.) (Note E)	Min. Lot Width Measured at Min. Building Setback Line (ft.)	Min. Front Yard Setback (ft.) (Note D)	Min. Rear Yard Setback (ft.) **	Min. Side Yard Setback ** (each) (ft.)	Maximum Percent Building Coverage	Maximum Percent Impervious Coverage
CON Conservation District	87,120 (2 acres), unless a larger lot area is required by § 155.112	200	50	50	25	10%	15%
AC Agricultural Conservation District	The provisions of § 155.070 shall apply
R-A Rural Agricultural District See the option for conservation/open space development option in § 155.076	87,120 (2 acres), unless a larger lot area is required by § 155.112	175	35	50	25	15%	20%
RS-R Residential Suburban Residential District
Single-family detached dwelling without township-approved central water service and without township-approved central sewage service	43.560 (1 acre)	120	30	50	15	20	40%
Single-family detached dwelling with township- approved central water but without township- approved central sewage service	39,000	120	30	50	15	20	40%
Single-family detached dwelling with township- approved central sewage service but without central water service	27,000	120	30	25	10	30	50%
Single-family detached dwelling with both township-approved central water and township- approved central sewage services	12,000	70	30	25	10	30	50%
Townhouse, which shall only be allowed in a open space development if both township-approved central water and township- approved central sewage services are provided	Minimum average lot area of 7,000 per dwelling unit (Note C)	22 per interior dwelling unit, and 45 for each end unit (Note B)	25	25	10, except 0 at the shared lot line of lawfully attached dwellings	40%	50%
Twin dwelling, which shall only be allowed if both township-approved central water and township-approved central sewage services are provided	7,000 per dwelling unit	60 per dwelling unit	30	25	10, except 0 at the shared lot line of lawfully attached dwellings	30	50%
Other allowed principal use	43,560 (1 acre)	120	30	50	15	20	50%
All dwellings shall have a minimum principal building width and length of 20 feet (not including unenclosed structures)
S-R Suburban Residential District
Apartments (including two-family detached dwellings) which shall only be allowed if both township-approved central water and township- approved central sewage services are provided	Minimum average lot area of 6,500 per dwelling unit (Note C)	120	25	25	10, except 0 at the shared lot line of lawfully attached dwellings	40%	50%
Single-family detached dwelling without township-approved central water service and without township-approved sewage services	43,560	150	25	25	15	20%	40%
Single-family detached dwelling with township- approved central water but without township- approved central sewage services	39,000	150	25	25	15	20%	40%
Single-family detached dwelling with township- approved central sewage service but without central water service	27,000	100	25	25	10	30%	50%
Single-family detached dwelling with both township-approved central water and township- approved central sewage services	7,500	75	25	25	10	30%	50%
Townhouse: which shall only be allowed if both township-approved central water and township- approved central sewage services are provided	Minimum average lot area of 7,000 per dwelling unit (Note C)	20 per interior dwelling unit, and 40 for each end unit (Note B)	25	25	10, except 0 at the shared lot line of lawfully attached dwellings	40%	50%
Twin dwelling which shall only be allowed if both township-approved central water and township- approved central sewage services are provided	6,000	35 per dwelling unit	25	25	10, except 0 at the shared lot line of lawfully attached dwellings	40%	50%
Other allowed principal use	40,000	100	25	25	15	30%	50%
Manufactured home parks shall meet the requirements for such use as stated in §§ 154.090 through 154.093 instead of the requirements of this section
VC Village Commercial and VR Village Residential District
Single-family detached dwelling without township-approved central water service and without township-approved sewage services	43,560 (1 acre)	120	20	20	5	40%	60%
Single-family detached dwelling with township- approved central water but without township- approved central sewage services	39,000	120	20	20	5	40%	60%
Single-family detached dwelling with township-approved central sewage service but without central water service	27,000	120	20	20	5	40%	60%
Single-family detached dwelling with both township-approved central water and township- approved central sewage services	9,000	60	20	20	5	40%	60%
Twin dwelling, which shall only be allowed if both township-approved central water and township-approved central sewage services are provided	7,000 per dwelling unit	50 per dwelling unit	20	20	5, except 0 at the shared lot line of lawfully attached dwellings	40%	60%
Other allowed principal use	43,560 (1 acre)	120	20	20	5	40%	60%
C Commercial District	40,000, except 10,000 if a lot is served by both central water and central sewage services	150, except 80 for a lot that will not have its own vehicle access directly onto Route 29 or Route 100 and that will have central water and central sewage services	50	40 (Note A)	20 (Note A)	25%, except 35% for a lot that is served by both central water and central sewage services	60%, except 75% for a lot that is served by both central water and central sewage services
I Industrial District	40,000	120	50	50 (Note A)	15 (Note A)	30%	75%
See the option for Coordinated Zoning along Municipal Borders Development Option in compliance with § 155.077 .
Corner lot setback, see § 155.092(B)(1)
** = The following exceptions shall apply:
- For accessory structures and uses, see division (C) below
- Structures shall not obstruct minimum sight clearance at intersections
- See § 155.092(B) pertaining to corner lots
- See § 155.096 regarding extension of nonconforming setbacks
(Note A) = Except 40 feet side and 50 feet rear for a principal business use from a directly abutting principal residential lot in a residential district. A side or rear yard shall be increased to 100 feet for any new or expanded portion of an industrial building or tractor-trailer truck loading dock from the lot line of a primarily residential use in a residential district.
(Note B) = Except if 2 or more side-by-side off-street parking spaces are located in the front yard of a townhouse or if garage door(s) for 2 or more vehicles face onto the street in the front of the townhouse, then the minimum building width per dwelling along such street shall be a minimum of 24 feet. A maximum of 50% of the land area between the front of each townhouse and the right-of-way line shall be used for vehicle parking and driveways.
(Note C) = These provisions are intended to allow flexibility in the placement of individual dwelling units, regardless of whether the homes are condominium or fee-simple, and regardless of whether public streets, private streets, or parking courts are used.
- The minimum average lot area per dwelling unit establishes the maximum number of units permitted on a tract of land.
- The minimum average lot area per dwelling unit shall be calculated after deleting existing street right-of-way of existing streets and alleys, but shall include: right-of-way of proposed streets and alleys and areas of parking courts, common open space, and stormwater detention basins.
- Land areas of a golf course (not including areas covered by buildings or paving) may be counted towards the overall tract size for the purposes of calculating density if the golf course includes more than 20 acres of land (which may include abutting land in another municipality), and if all areas used to count towards the density are preserved by a permanent conservation easement that is enforceable by Upper Milford Township.
(Note D) = Setbacks shall be measured from the future/ultimate right-of-way. An unenclosed front porch or deck may intrude up to 10 feet into the minimum front yard. This porch or deck may be covered by a roof.
(Note E) = See natural feature regulations, including § 155.112 for steep slopes. The minimum lot area is per dwelling unit unless otherwise stated.
Abbreviations: sq. ft. = square feet min. = minimum max. = maximum ft. = feet