Upper Providence Township
City Zoning Code
City Zoning Code
CHAPTER 1256
Use Regulations and Standards
1256.01 Applicability.
[Ord. No. 321, passed 12-10-1998]
Except as provided by law or in this Zoning Code, in each district no building, structure or land shall be used or occupied except for the purposes permitted in Section 1256.04 and for the zoning districts so indicated.
1256.02 Uses by right, special exception, conditional use, and uses not permitted.
[Ord. No. 321, passed 12-10-1998; amended 8-27-2024 by Ord. No. 555]
A.
A use listed under Table A, Permitted Uses,[1] is permitted by right in any district denoted by the letter "P", subject to all applicable requirements of this Zoning Code and after a zoning permit has been issued in accordance with Section 1250.05.
[1]
Editor's Note: Former Section 4.02, Tax Collector, was removed pursuant to Ord. No. 478, adopted 2-14-2013, which ordinance abolished the Office of Tax Collector, effective 1-1-2014. Ordinance No. 478 also provided that the Township Manager and/or his duly appointed agents are empowered to collect and disburse all taxes due the Township in a manner provided by law and as directed by the Township Council.
B.
A use listed under Table A, Permitted Uses, is permitted as a Special Exception in any district denoted by the letter "S", provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the zoning officer, subject to the requirements of Section 1282.06 and such further restrictions that said Board may establish.
C.
A use listed under Table A, "Permitted Uses", is permitted as a Conditional Use in any district denoted by the letter "C", provided the Township Council, having received positive recommendations from the Planning Commission, grants the conditional use subject to the expressed standards set forth in Section 1280.03 and such further conditions that the Council may impose to insure the protection of adjacent uses, or the health, safety, or general welfare.
D.
A use listed under Table A, "Permitted Uses", is not permitted in any district denoted by the letter "N".
1256.03 Uses not provided for.
[Ord. No. 321, passed 12-10-1998; Ord. No. 435, passed 5-8-2008]
Whenever, in any district established under this chapter, a use is neither specifically permitted or denied and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall refer the application to Council, which shall have the authority to assign the proposed use to a similar use classification. The use may be permitted only if it is compatible with permitted uses in the district and is in no way in conflict with the general purpose and intent of this Zoning Code.
1256.04 Use definitions and standards.
[Ord. No. 321, passed 12-10-1998; Ord. No. 332, passed 5-11-2000; Ord. No. 355, passed 12-12-2001; amended 10-12-2017 by Ord. No. 507; 10-13-2022 by Ord. No. 540; 12-19-2022 by Ord. No. 542; 6-8-2023 by Ord. No. 548; 8-10-2023 by Ord. No. 549; 8-27-2024 by Ord. No. 555]
A.
Agricultural uses.
A1.
Agriculture/General Farming. General farming, including the raising of livestock, horses, or chickens, and buildings associated with this use (barn, silo, etc.), provided:
a.
Any building or structure used for the keeping or raising of bees, livestock, horses, or poultry shall be situated not less than 100 feet from any street line or property line.
b.
Silos shall be situated not less than 1.25 times the height of the silo from any street line or property line.
c.
Detached dwelling units and accessory buildings other than those noted in a and b, above, are permitted and shall meet the yard and setback requirements for Use B1 Single Household Detached Dwelling for the applicable zoning district. For each dwelling unit, there shall be a site area equal to five acres plus the minimum lot size required for a detached dwelling unit in the applicable zoning district.
A2.
Agriculture, intensive. Greenhouses; mushroom houses; feedlots; confinement livestock or poultry operations taking place in structures or closed pens, provided:
a.
No area for the storage or processing of manure, garbage, or spent mushroom compost or structures for the cultivation of mushrooms shall be situated less than 200 feet from any street or property line.
b.
Dwellings and accessory buildings other than those noted under a, above, shall be permitted in accordance with the regulations for General Farming, Use A1.
c.
Feedlots, pens and confinement areas shall not be situated less than 30 feet from any stream or swale and shall not be located within the one-hundred-year floodplain.
A4.
Kennels. A commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation, provided:
a.
The total number of dogs on the property shall not exceed five dogs per acre, excluding dogs under six months of age.
b.
No animal shelter or run shall be located closer than 200 feet from any lot line.
c.
Dwellings and accessory buildings other than b, above, shall be permitted in accordance with the regulations for General Farming, Use A1.
d.
Animal waste shall be collected daily and shall be kept in closed rat-proof and fly-tight containers or receptacles. No area for the storage, processing or spraying of animal waste shall be situated less than 200 feet from any street or property line.
A5.
Riding academy. An establishment where horses are boarded and cared for and where instruction in riding, jumping, and showing is offered and where horses may be hired for riding, provided:
a.
The maximum number of horses that may be maintained on the premises shall be one horse for each acre of site area.
b.
Any exercise area, horse barn, corral, fenced-in area or stable shall be situated not less than 100 feet from any street line or property line.
c.
Dwellings and accessory buildings other than b, above, shall be permitted in accordance with the regulations for General Farming, Use A1.
B.
Residential uses.
B1.
Single-household detached dwelling. A building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
B2.
Cluster, residential. Detached single-family dwelling units on individual lots with private yards on all sides of the house, which are clustered to preserve common open space, provided:
a.
Any residential cluster development shall be served by public water and public sewer facilities or by a centralized community water supply system and/or sewage disposal system, as defined in Section 1220.08(b) of this Planning and Zoning Code.
B3.
Single-household semidetached dwelling (twin). A one-household dwelling attached to one other one-household dwelling by a common vertical wall, with each dwelling located on a separate lot.
B4.
Two-household detached (duplex). A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
B5.
Single-household attached (townhouse). A one-household dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from another unit by one or more vertical common fire-resistant walls, provided:
a.
No building in any townhouse development shall be situated closer than 50 feet to the boundary line of any other district zoning classification.
b.
Any townhouse development shall be served by public water and public sewer facilities or by a centralized community water supply system and/or sewage disposal system, as defined in Section 1220.08(b) of this Planning and Zoning Code.
c.
The design and maintenance of open space shall conform to the provisions of Section 1230.28 of this Planning and Zoning Code of Upper Providence Township.
d.
Parking stalls or spaces shall be arranged so that not more than 20 spaces adjoin each other, and each such group shall be separated by a five-foot wide planting area.
B6.
Multi-household dwelling/apartment. A detached residential building containing three or more dwelling units, including what is commonly known as an apartment building, but not including group, row, or townhouses, provided:
a.
No building shall be erected less than 75 feet from a street right-of-way line or from a side or rear property line, and no parking, loading or service area shall be located less than 15 feet from a street right-of-way or other property line.
b.
Any multi-household development shall be served by public water and public sewer facilities or by a centralized community water supply system and/or sewage disposal system, as defined in Section 1220.08(b) of this Planning and Zoning Code.
c.
The design and maintenance of open space shall conform to the provisions of Section 1230.28 of this Planning and Zoning Code of Upper Providence Township.
d.
Parking stalls or spaces shall be arranged so that not more than 20 spaces adjoin each other, and each such group shall be separated by a five-foot wide planting area.
e.
Adequate access to major streets and highways must be provided.
f.
The distance at the closest point between any two buildings or group of attached buildings, including accessory buildings, shall be at least as great as the average height of the two adjoining buildings, but not less than 30 feet.
B7.
Mobile/manufactured home park. A parcel of land under single ownership which has been planned and improved for the placement of mobile/manufactured homes for nontransient use and consists of two or more mobile/manufactured home lots, provided that the provisions of Chapter 1232 of this Planning and Zoning Code, "Mobile Home Parks," shall be met.
B8.
Planned residential development (PRD). An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Planning and Zoning Code; provided that the provisions of Chapter 1272 (Planned Residential Overlay District) shall be met.
B9.
Group home. A dwelling, appropriately and currently licensed by the Commonwealth of Pennsylvania, shared by not more than eight persons who are disabled (as defined by the Fair Housing Amendments Act of 1988), including resident staff, and who live together as a single housekeeping unit and in a long-term, family-like environment. A Rooming or Boarding House (Use B10) is not a Group Home.
B10.
Rooming or boarding house. A dwelling used for the housing of roomers, boarders or lodgers with or without common eating facilities, including dormitories, fraternity or sorority houses or other buildings of charitable, educational or philanthropic use; provided:
B11.
Guest house/bed & breakfast. An existing, owner-occupied detached dwelling in which transient guests are provided with overnight accommodations and a morning meal for compensation, provided:
a.
No more than six rental units shall be provided and no more than four persons may occupy one rental unit.
b.
At least one full bathroom separate from the resident family's bathroom shall be provided for each three guest rooms.
c.
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. Additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.
d.
The use shall be carried on by members of a family, who must reside on the primary premises, and a maximum of two nonresident employees.
e.
There shall be no separate cooking facilities in any guest room. A morning meal may be served only to guests who are staying overnight.
f.
Any on-site sewage disposal system shall be reevaluated as being adequate, in accordance with local and state regulations, prior to the issuance of a zoning permit.
g.
The maximum, uninterrupted length of stay shall be 14 days.
B12.
Life care facility. A facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals and culminating in a full health and continuing care nursing home facility; provided:
a.
Support facilities shall be limited to the following:
1.
Limited retail facilities, e.g., barber shop, beauty parlor, commissary, gift shop, newsstand, optician, pharmacy, snack bar/coffee shop, thrift shop, and other similar uses. Such facilities shall be for use of residents and their guests only. There shall be no separate outside entrances to any of the permitted service facilities, and no outside advertising is permitted;
2.
Licensed skilled nursing facility, with associated medical and administrative offices;
3.
Other support facilities for residents only, e.g., lounge areas, reading rooms, craft rooms, common dining facilities, recreational rooms, places of worship, and, medical examination and treatment facilities.
b.
At least 20% of the site, not including land subject to flooding or on slopes in excess of 5%, shall be developed for passive recreation. This area may be considered part of the minimum required open space and shall include outdoor sitting areas and pedestrian walks.
c.
All rooms in the life care facility shall be provided with sprinkler systems for fire protection and shall contain and be served by wet charged stand pipes to the top floor.
d.
Due to the dependence of the elderly on alternate means of transportation and the need for acquiring access to primary services, a life care facility's proximity to the following services shall be considered by the Township in considering conditional use approval:
Post office | |
Barbershop | |
Drugstore | |
Place of worship | |
Regional shopping center | |
Public transportation | |
Grocery store | |
Movie theater | |
Dry cleaner | |
Bank | |
Restaurant | |
Library | |
Beauty parlor |
As an alternative to be considered, the developer of a life care facility may submit a plan outlining a transportation service for the residents of the life care facility, providing access to these services at reasonable intervals. |
C.
Institutional uses.
C1.
School - (See also C2 and E6). An institutional facility that provides a curriculum of academic instruction, including kindergartens, elementary schools, middle schools, junior and senior highs, colleges, and universities; provided:
C2.
Day care center (child or adult)/nursery school. An institutional facility in which out-of-home day care is provided to seven or more children or four or more elderly, including educational programs that are supplementary to State-required education (i.e., a "nursery school"), provided:
a.
A license from the Pennsylvania Department of Public Welfare and/or Department of Aging shall be required as appropriate.
b.
An outdoor recreation area shall be provided with a minimum area of 200 square feet for each child and 100 square feet for each elderly person. This outdoor recreation area shall be located to the side or the rear of the lot; shall not include any parking areas; shall be fully enclosed by a four-foot high fence; and shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
c.
Sufficient facilities for passenger loading and unloading shall be provided.
C3.
Place of worship. An institutional facility used for worship or religious instruction, including social and administrative rooms accessory thereto. (Use C6, Cemetery, is permitted as an accessory use to this principal use.)
C4.
Library or museum. An institutional facility used as a repository for works and materials of literary, artistic, historical, and/or scientific value.
C5.
Municipal/governmental facility. A building used in connection with municipal and/or governmental functions, services, and/or administration, excluding Uses H1-H5.
C6.
Cemetery/mausoleum. Land or buildings used for the burial of deceased humans, provided:
a.
No burial plots, structures or parking areas shall be located within the one-hundred-year floodplain.
b.
No outside storage shall be permitted.
c.
All structures open to the public shall be supplied with water and sewer, and all utilities shall be placed underground.
d.
An appropriate plan to ensure perpetual maintenance is a condition of approval.
C7.
Community center. An educational, social or recreational center or other similar facility operated by an educational, philanthropic or religious institution, provided:
a.
Outdoor recreational areas shall be at least 75 feet from side and rear property lines.
C8.
Extended care facility. A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution, provided:
a.
At least 20% of the site, not including land subject to flooding or on slopes in excess of 5%, shall be developed for passive recreation. This area may be considered part of the minimum required open space and shall include outdoor sitting areas and pedestrian walks.
C9.
Hospital. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences, provided:
C10.
Assisted living facility. A senior person residential community consisting of "Supportive Independent Living" and "Assisted Living" units, provided:
a.
"Supportive Independent Living" consists of private residential units and common facilities, providing services such as meals, laundry, housekeeping, social recreational activities, and transportation, and associated with an Assisted Living facility.
b.
"Assisted Living" consists of residential units with the common facilities and services of Supportive Independent Living, plus assistance with activities of daily living such as eating, dressing, bathing, ambulating, administering medication and the like to senior persons requiring such help or aid.
c.
For purposes of this Ordinance, senior persons are persons age 55 or over. No person less than 55 shall be a resident of a Supportive Independent Living or an Assisted Living residential facility unless he or she is the spouse of a resident senior person.
d.
Neither Supportive Independent Living nor Assisted Living is a skilled nursing facility or licensed in-patient medical facility.
D.
Office uses.
D1.
Office. A building for predominantly administrative, professional, or clerical operations relating to a business, profession, service, industry, or government.
D2.
Medical office. Office or clinic for medical or dental examination or treatment of persons as out-patients, including laboratories incidental thereto.
D3.
Office park. A planned development of office and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering, provided:
a.
The following area and bulk regulations shall apply:
(1)
The area upon which a building is located shall have attributed to it, including the ground upon which the building is constructed, an area equal to five times the square-foot area occupied by the building. In no instance, however, shall buildings of the following heights have less lot area attributed to them than the following: one-story building, one acre; two-story building, two acres; three- to four-story building, four acres; five- to six-story building, six acres; seven-story building, eight acres.
(2)
No building shall have a height in excess of 84 feet measured from its mean base elevation. In calculating building coverage for this subsection, measurement shall exclude the area of cartway dedicated to public use. Mean elevation shall be the average elevation of the building measured from the elevations of each side of the building to the roofline.
(3)
The open space required, that is the area upon which no building, parking or driveway shall be situated, shall be 35% of the lot attributed to each building.
(4)
Each building constructed or any alteration to an existing building shall be set back 50 feet from the property line of adjacent property owners. Each building constructed, and each existing building to which alterations are made, shall be set back 50 feet from the cartway of any public street, but in no instance less than 20 feet from the edge of the right-of-way. The setback requirements herein are not applicable to underground parking facilities.
b.
Individual uses may be located in detached and attached structures.
c.
All uses within the business park shall take access from an interior street.
d.
All loading facilities shall be located to the rear or side of buildings.
e.
Outside storage or display of materials, goods or refuse is not permitted within an office park.
f.
Interior streets shall have canopy trees in accordance with the Class A buffer requirements of Section 1260.03B.
g.
The applicant shall submit a plan for the overall design and improvements for the business park and a written description of the maintenance arrangement for all commonly owned elements.
D4.
Veterinary office/animal hospital. Office of a veterinarian where animals are given medical or surgical treatment and the boarding of animals is limited to short-term care. (Does not include Use A4, Kennel.)
E.
Commercial uses.
E1.
Retail stores. Shops and stores selling commodities and goods to the ultimate consumer. (Does not include Use E3, Convenience Store; E10, Garden Center; E12, Restaurant; E13, Restaurant; E14, Tavern; E16, Automotive Accessories; E18, Automotive Sales; or E21, Flea Market.)
E2.
Service business. An establishment primarily engaged in providing services for individuals, business and government establishments and other organizations, including but not limited to barber, beautician, laundry and dry cleaning, tailor, photographer, travel agency, photocopy center, and optician.
E3.
Convenience store. Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
E4.
Financial establishment/bank. An establishment primarily involved with monetary transactions and services and having regular interactions with the public. (Drive-in facility shall be regulated as Use E-20.)
E5.
Repair shop. Any business for the repair of appliances, lawn mowers, watches, shoes, guns, bicycles, locks and small business machines, but not including automobiles, motorcycles, trucks, trailers, and other heavy equipment.
E6.
School, commercial. Trade or professional school; art, music or dancing school. (Does not include Use C1, School or C2, Day Care/Nursery.)
E7.
Funeral home/mortuary. A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
E8.
Garden center. The sale of flowers, floral items, shrubs, plants and trees, as well as accessory items, with or without nursery production facilities and accessory buildings or structures. (See also Use A3 Nursery.)
E9.
Motel, hotel, and inn. A building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists, with or without accessory restaurant and/or tavern facilities.
E10.
Restaurant, sit-down. An establishment where food and beverages are prepared, served, and consumed primarily within the principal building.
E11.
Restaurant, fast-food and other. An establishment where food and/or beverages are served to customers from a serving counter in disposable (not reusable by the restaurant) containers or wrappers. Such food and/or beverage may be consumed within the principal building, outside at facilities provided, or "carried out" for consumption off the premises. (If drive-in facility, see Use E20, below.)
E12.
Tavern. An establishment used primarily for the serving of alcoholic beverages for on-premises consumption by the general public and which is licensed by the Pennsylvania Liquor Control Board.
E13.
Auto repair/service station. Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles (except body repair and/or painting); and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories and/or the sale of groceries and similar convenience-type products, provided:
a.
Such use shall take access from collector or arterial highways only.
b.
Fuel pumps are permitted within the front yard area but shall be at least 25 feet from any street right-of-way line; however, canopies shall meet the minimum front yard setback requirement for the district.
c.
The sale of convenience-type products shall be limited to a maximum floor area of 2,000 square feet.
d.
Vehicles awaiting repair and junk vehicles may not be stored outdoors more than 10 days.
e.
All motor vehicle parts, refuse, and similar articles shall be stored within a building or enclosed area.
E14.
Automotive accessories. Sale of automotive accessories, parts, tires, batteries and other supplies, provided:
a.
Installation and storage of parts shall be in an enclosed structure.
E15.
Automotive body repair/paint shop. The use of any building for structural repair of automobiles, including paint spraying, body and fender work, provided:
E16.
Automotive sales. The use of any building, land area, or other premise for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use, provided:
E17.
Car wash. Any building or premises or portions thereof used for washing automobiles, provided:
a.
There shall be adequate stacking area for at least six cars so that waiting cars do not interfere with traffic flow.
E18.
Drive-in facility. A building or structure, or any portion thereof, from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions, provided:
a.
There shall be a vehicle waiting lane area for at least six vehicles. The waiting lane shall be separated from other circulation lanes.
E19.
Flea market. An occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales, provided:
a.
The minimum site area shall be two acres. The maximum site area shall be 15 acres.
b.
Snack stands and food vendors operating outside an enclosed building are permitted. Vending machines located outside an enclosed building shall be prohibited.
c.
Tables and other accessories to the flea market use shall be stored within a completely enclosed building when the market is not open or otherwise in operation.
E20.
Parking lot/garage. An off-street, ground-level open area, or a structure, primarily used or intended to be used for the temporary storage of automobiles.
E21.
Medical marijuana dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana, provided:
a.
A medical marijuana dispensary facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act.
b.
A medical marijuana dispensary facility may not be located within 1,000 feet of the property line of a public, private or parochial school or day-care center.
c.
A medical marijuana dispensary facility may only dispense medical marijuana in an indoor, enclosed, permanent, secured facility located within the commonwealth as determined by the Pennsylvania Department of Health.
d.
A medical marijuana dispensary facility may not operate on the same site as a facility used for growing and processing marijuana.
e.
A medical marijuana dispensary facility may not operate without a permit issued by the Pennsylvania Department of Health under the Medical Marijuana Act.
f.
Direct or home delivery services shall not be offered.
g.
Consumption of medical marijuana on the premises shall not be permitted.
E22.
Vape shop. Any establishment whose principal product line for retail sale are vape products and/or electronic nicotine delivery systems (ENDS), devices, parts, components, or e-liquids. "Principal" means that the vape products or ENDS-related products constitute at least 25% of the establishment's aggregate retail sales, provided:
a.
Persons under the age of 18 shall not be permitted to enter the facility. Businesses shall be responsible for verifying the age of consumers including checking photo identification.
b.
A vape shop may not be located within 1,000 feet of any school, playground, or daycare facility within Upper Providence Township. This separation distance shall be measured from the shortest line between the property line of the Vape Shop location to the property line of the school, playground, or daycare.
c.
Hours of operation shall not extend outside the hours of 7:00 a.m. to 11:00 p.m.
E23.
Significant tobacco retailers. Any tobacco retailer that either devotes 20% or more of floor area or display area to, or derives 75% or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia at the subject location, including, without limitation, smoke shops and hookah lounges.
a.
Persons under the age of 18 shall not be permitted to enter the facility. Businesses shall be responsible for verifying the age of consumers including checking photo identification.
b.
A significant tobacco retailer may not be located within 1,000 feet of any school, playground, or daycare facility within Upper Providence Township. This separation distance shall be measured from the shortest line between the property line of the retailer location to the property line of the school, playground, or daycare.
c.
Hours of operation shall not extend outside the hours of 7:00 a.m. to 11:00 p.m.
E24.
Unregulated cannabinoid substances and kratom retailers. A retailer that sells, prepares, maintains, or otherwise distributes kratom and/or unregulated cannabinoid substances, including, but not limited to, Delta-8 THC products or that advertises, represents, or holds itself out as selling, preparing, maintaining, or otherwise distributing such products, including, but not limited to, kratom or Delta-8 THC products, from a physical location within Upper Providence Township. It is the specific finding of Upper Providence Township that such substances may have a dangerous effect upon anyone using and/or ingesting said substances and that such substances should not be made available for retail sale to minors.
a.
Persons under the age of 21 shall not be permitted to enter the facility. Businesses shall be responsible for verifying the age of consumers including checking photo identification.
b.
An unregulated cannabinoid substances and kratom retailer may not be located within 1,000 feet of any school, playground, or daycare facility within Upper Providence Township. This separation distance shall be measured from the shortest line between the property line of the retailer location to the property line of the school, playground or daycare.
c.
It shall be unlawful to offer, sell, give, deliver, distribute, or otherwise provide an unregulated cannabinoid product, kratom product or Delta-8 THC product to any person under the age of 21 years.
d.
Hours of operation shall not extend outside the hours of 7:00 a.m. to 11:00 p.m.
F.
Recreational uses.
F1.
Entertainment facility, indoor. An enclosed building designed and equipped for the conduct of leisure-time, non-sports activities (e.g., a theater, movie theater, billiard hall, or amusement arcade).
F2.
Health/recreational facility, indoor. An enclosed building designed and equipped for the conduct of sports activities (e.g., skating rink, bowling alley, gymnasium, health club, and other weather-protected facilities). (See also Use C7 Community Center.)
F3.
Health/recreational facility, outdoor. An outdoor facility designed and equipped for the conduct of sports and leisure activities (e.g., tennis courts, driving range, swimming pool, ball field, park, etc.)
a.
Outdoor recreational areas shall be at least 75 feet from any property line or street line, not including bike paths or walking, jogging, or fitness trails.
G.
Industrial uses.
G1.
Contractor services. Offices and supply shops for contractor services such as building, cement, electrical, heating, plumbing, masonry, painting, and roofing, provided:
a.
All materials and vehicles shall be stored within a building or an enclosed area which is properly screened.
G2.
Equipment storage yards. Rental and storage of construction equipment.
G3.
Flex space. Building space designed for use as either office, light manufacturing, assembly or warehousing.
G4.
Industrial park. A planned development of industrial and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering, provided:
a.
The following dimensional requirements shall apply:
Minimum site area: 10 acres. | ||
Minimum site width at street lines (external): 250 feet. | ||
Minimum lot or lease area: 1.5 acres. | ||
Minimum lot width at street line (internal): 150 feet. | ||
Minimum building spacing: 50 feet. | ||
Minimum building setbacks (external): | ||
From property lines: 75 feet. | ||
From street line: 75 feet. | ||
Minimum building setbacks (internal): | ||
Front: 50 feet*. | ||
Side: 25 feet. | ||
Rear: 50 feet. | ||
Minimum parking area setbacks: | ||
From building: 20 feet. | ||
From street: 15 feet*. | ||
* | The setback shall be measured from the street right-of-way line for roads offered for dedication and from the curb line or edge of cartway for non-dedicated streets. | |
Maximum building height: 35 feet. | ||
Maximum impervious surface coverage: | ||
Site: 55%. | ||
Lot: 70%. | ||
b.
Accessory outside storage of materials, goods or refuse shall be located to the rear or side of buildings and shall be buffered either by a six-foot cedar or spruce fence or a hedge row at least three feet in height planted on three foot centers.
c.
All uses within the business park shall take access from an interior street.
d.
All parking and loading facilities shall be located to the rear or side of buildings.
e.
Interior streets shall have canopy trees in accordance with the Class A buffer requirements of Section 1260.03B.
f.
The applicant shall submit a plan for the overall design and improvements for the business park and a written description of the maintenance arrangement for all commonly owned elements.
G5.
Lumber yard/millworking. The storage, sale, and/or processing of wood products.
G6.
Manufacturing. The production, processing, cleaning, testing, and distribution of materials, goods, foodstuffs, and products.
G7.
Miniwarehouse. A building or group of buildings, in a controlled access compound, which contains separate storage spaces of varying sizes leased on an individual basis, provided:
a.
Storage limited to items of personal property generally stored in residential accessory structures.
b.
No business activities other than the leasing of storage units.
c.
No explosive, radioactive or highly flammable materials.
d.
All storage shall be within enclosed buildings.
e.
The minimum width of interior driveways shall be 20 feet.
G8.
Research laboratory. A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory, provided:
a.
No such use shall be permitted which constitutes a danger to the community because of combustible or radioactive materials.
G9.
Trades/crafts. Buildings associated with trade or craft activities that are undertaken primarily on the premises, such as carpentry, upholstery, cabinet-making, furniture-making, locksmithing, gunsmithing, and similar trades.
G10.
Truck terminal. An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or large loads for transfer to other vehicles or modes of transportation, provided:
G11.
Wholesale, storage, warehousing. Wholesale business, wholesale storage or warehousing, excluding retail sales.
G12.
Medical marijuana grower/processor. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to grow and process medical marijuana, provided:
a.
A medical marijuana growing/processing facility shall be owned and operated in accordance with the applicable laws and regulations including the Medical Marijuana Act.
b.
A medical marijuana growing/processing facility may not be located within 1,000 feet of the property line of a public, private or parochial school or day-care center.
c.
A medical marijuana growing/processing facility may only grow, store, harvest or process medical marijuana in an indoor, enclosed, secured facility which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health.
d.
A medical marijuana growing/processing facility may not operate on the same site as a facility used for dispensing marijuana.
e.
A medical marijuana growing/processing facility may not operate without a permit issued by the Pennsylvania Department of Health under the Medical Marijuana Act.
H.
Community service uses.
H1.
Emergency services. Fire, ambulance, rescue and other emergency services of a municipal or volunteer nature, provided:
a.
Bulk and dimensional standards shall be adequate to accommodate buffer and parking requirements and in accordance with the needs of the facility as well as the need to protect community safety and appearance.
H2.
Flood control structures. Dams, impoundments, and other engineering structures used to control flooding, provided:
a.
Bulk and dimensional standards shall be in accordance with the needs of the facility as well as the need to protect community safety and appearance.
H3.
Commercial communications facility. A commercial facility consisting of antenna(s), communications tower, communications equipment building, and/or other structures and equipment involved in receiving or transmitting television, radio, or telephone communications, provided that the following conditions are met:
General. | ||
a. | The applicant is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. | |
b. | If a communications tower is proposed, the applicant shall demonstrate that the tower complies with all state and federal laws and regulations concerning radio frequency emissions, structural integrity, and aviation safety. | |
c. | If a communications tower is proposed, the applicant is required to demonstrate that it contacted the owners of structures of suitable location and height (such as smoke stacks, water towers, buildings, existing towers, and other tall structures) within a 1/2 mile radius of the site proposed, asked for permission to install the antenna(s) on those structures, and was denied. The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure. | |
d. | Uses ancillary to the commercial communications facility such as business office, maintenance depot, vehicle storage, etc., are prohibited from the site unless otherwise permitted in the applicable zoning district. | |
Height | ||
e. | The applicant shall demonstrate that the proposed communications tower and/or antenna(s) is the minimum height required to function satisfactorily. | |
f. | Other permitted commercial communications facility structures shall not exceed 35 feet in height. | |
Setbacks | |||
g. | If a communications tower is proposed, the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following: | ||
1. | 30% of proposed communications tower and/or antenna | ||
2. | 40 feet | ||
Environmental Impact | ||
h. | Existing on-site vegetation shall be preserved to the maximum extent practicable. | |
i. | Artificial lighting is prohibited on all proposed communications towers and/or antenna(s) unless required by the FAA. | |
j. | Where a communications tower site abuts a public street or a lot that is either zoned residential or used for a residential use, and where the base of the tower is visible from the public street or from an existing or potential dwelling on the residential lot, a Class C buffer (see Chapter 1260) shall be provided along the appropriate boundary(ies). | |
Tower Design and Installation | |||
k. | The applicant shall demonstrate that the proposed communications tower and/or antenna(s) shall be designed and constructed to the standards designated by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222-E Code, American National Standards Institute, Electrical Industry Association, Telecommunications Industry Tower Specifications, as amended). | ||
l. | If a non-self supported communications tower is proposed, the applicant must use a guy wire configuration which is at least the minimum specified by the tower manufacturer. | ||
m. | All new towers permitted after the effective date of this Ordinance must be engineered to accommodate additional new users. | ||
n. | The base of a communications tower shall be surrounded by a secure fence with a minimum height of 8 feet. | ||
o. | The communications tower design and installation shall also comply with any additional federal, state, and local regulations as may apply. | ||
Conditional Use Application | |||
The conditional use application for a proposed commercial communications facility (with tower) shall include: | |||
p. | A copy of the applicant's FCC construction permit (for broadcast use) or FCC station license (for other uses). | ||
q. | A detailed site plan drawn to scale and identifying the site boundary; the proposed tower and any existing towers; guy wire anchors; existing and proposed structures; existing vegetation to be retained, removed or replaced; proposed landscaping; and uses, structures and land-use designations on the site and abutting parcels. | ||
r. | A report from a professional engineer which shall include: | ||
1. | A description of the tower and the technical and other reasons for the tower design; | ||
2. | A description of the capacity of the tower, including the number and types of antennas that it can accommodate. | ||
s. | A written statement from the FCC, FAA, and State Aeronautics Division that the proposed tower complies with applicable regulations administered by that agency or that the tower is exempt from those regulations. | ||
t. | An intermodulation analysis certified by a Professional Communications Engineer, which demonstrates that the proposed new equipment will not cause undue RF interference to existing towers or transmitting facilities or communications service reception by other property owners. The applicant shall be responsible to resolve all instances of interference caused by the actual operation of the tower that occurs after its installation. | ||
Abandoned/Obsolete Towers | |||
u. | If a communications tower is no longer used due to obsolescence or abandonment, the tower and related facilities shall be dismantled and removed at the owner's expense within one year of its disuse. | ||
H4.
Transportation services. Establishments primarily engaged in furnishing local and suburban passenger transportation, including taxicabs, passenger transportation charter service, school buses, and terminal and service facilities for motor vehicle passenger transportation, provided.
a.
Bulk and dimensional standards shall be adequate to accommodate buffer and parking requirements and in accordance with the needs of the facility as well as the need to protect community safety and appearance.
H5.
Utility facilities. Buildings, structures, and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, and sewer, to the public, provided:
a.
Except in the nonresidential districts, no public business office or any storage yard or storage building shall be operated in connection with it.
b.
If utilities are provided as an integral part of a proposed subdivision or land development, are intended to provide service to that development, and are located entirely on the premises of that development, then a conditional use permit need not be obtained for the proposed utility use.
c.
All utility lines to newly constructed buildings shall be placed underground.
d.
Towers, including transmission, relay and water towers and tanks shall not be subject to a maximum height limitation.
e.
There shall be no electrical or magnetic field disturbance permitted which is caused by any utility facility which interferes with or adversely affects any adjacent land use.
I.
Accessory uses. NOTE: Accessory uses/structures are also subject to the requirements of Section 1258.02E., "Permitted Projections Into Yards".
I1.
Residential accessory use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal residential use of the land or building and located on the same lot with such principal use (not including Use 15, Accessory Dwelling Unit), including:
a.
Accessory home occupation. A customary home occupation for gain that is clearly subordinate to the existing residential use of the property, provided:
1.
The home occupation shall be carried on wholly indoors within a dwelling which is the bona fide residence of the principal practitioner, or in an accessory building thereto provided that the accessory building is within the setback requirements for the residence.
2.
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure, not including the area of an attached garage or other similar building.
3.
There shall be no use of show windows, display or advertising visible outside the premises to attract customers or clients other than a home occupation announcement sign as permitted under Chapter 1276.
4.
There shall be no significant increase in the amount of traffic normally generated in the residential neighborhood.
5.
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation and no goods shall be publicly displayed.
6.
Any commercial vehicles shall be parked on-lot and be parked in a garage or an enclosed structure or be suitably screened from view from adjacent properties and public rights-of-way.
7.
No more than two persons other than resident members of the immediate family may be employed at this location and must be provided with off-street parking on the site.
8.
The home occupation shall operate only between the hours of 7:00 a.m. and 8:00 p.m. for outside visitors.
9.
The home occupation generates no more than 10 motor vehicle trips per day (five round trips).
b.
Family day care. A facility in which care is provided for four or more children, but no more than six at any one time, who are not relatives of the caregiver, where the child care areas are being used as a family residence, provided:
1.
The applicant must obtain a license from the Department of Public Welfare prior to the granting of a special exception by the Zoning Hearing Board and the granting of a zoning permit by the Township.
2.
Family day care uses are only permitted as an accessory use in a detached dwelling.
3.
A minimum outdoor play area of 200 square feet of contiguous area shall be provided for each child as a recreational area for the children. This area shall not include any impervious surface of parking areas and shall be located to the side or rear of the property.
4.
If a family day care use is located adjacent to a non-residential use, a parking lot or on a street classification higher than a residential access street, the outdoor play area must be enclosed by a four-foot high fence. The outdoor play area should be located to the side or rear of the property.
5.
No more than two persons other than resident members of the immediate family may be employed at this location and must be provided with off-street parking on the site.
I2.
Nonresidential accessory use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal nonresidential use of the land or building and located on the same lot with such principal use (not including Use 16, Dwelling in Combination), including:
a.
Outside storage, provided:
1.
No part of the street right-of-way, sidewalks or other areas intended or designed for pedestrian use, parking areas, or front yards shall be occupied by outside storage.
2.
Outside storage areas shall occupy an area of less than 1/2 the existing building coverage.
3.
Outside storage areas shall be shielded from view on public streets.
NOTE: Uses such as B12 Life Care Facility may, by definition, have "support facilities" such as retail shops, services, etc. These would not be considered accessory uses. |
I3.
Residential accessory structure. A structure detached from a principal residential building on the same lot and customarily incidental and subordinate to the principal building, including:
a.
Detached garages for the parking of passenger automobiles, noncommercial trucks and vans with loading capacity not exceeding 0.75 ton, and/or not more than one commercial vehicle, provided:
1.
Such structures may be within the side or rear yard only. If the footprint of the structure is greater than 500 square feet, it shall be set back a minimum of 10 feet from the side and rear property lines (except to the extent that the Zoning Ordinance provides for a lesser setback for principal buildings, in which case the lesser setback shall apply). If the footprint of the structure is 500 square feet or less, then it shall be subject to a side yard and rear yard setback of five feet.
b.
Detached buildings such as storage sheds, bath houses and private greenhouses, provided:
1.
The height of such structure shall be limited to 15 feet.
2.
Such structures may be within the side or rear yard only. If the footprint of the structure is greater than 500 square feet, it shall be set back a minimum of 10 feet from the side and rear property lines (except to the extent that the Zoning Ordinance provides for a lesser setback for principal buildings, in which case the lesser setback shall apply). If the footprint of the structure is 500 square feet or less, then it shall be subject to a side and rear setback of five feet.
c.
Structures such as walls, fences and signs, provided:
1.
Walls and fences shall be located within property lines and outside of the right-of-way. If footings are required, the edge of the footing must be at least two feet from the property line. If a wall or fence is located within three feet of a property line, the landowner must present the Zoning Officer with either a survey to demonstrate the location of the boundary line or with written confirmation signed by the neighboring property owner to signify their agreement with the location of the wall or fence. Landowners who construct walls or fences on or near a property boundary with a neighboring property assume the risk in doing so that the neighboring property owner may not permit the landowner onto the neighboring property for access to maintain or repair the fence or wall.
2.
Height; opacity; major streets.
(i)
Height. The height of walls and fences shall be limited to the following:
6 feet high | Rear property lines |
6 feet high | Side property lines from the rear property line to even with the required front yard setback. |
4 feet high* | Front property lines and side property lines back to even with the required front yard setback. |
*Exception - Six-foot-high fences are permitted for front property lines and side lot lines back to the front face of the house, when abutting major streets, as defined in § 1220.08.
(ii)
Fence opacity. Fences along the front property line and along the side property lines back to even with the required front yard setback shall not be solid fences. A fence shall be considered "open" if every segment of the fence (e.g., a section between posts) is composed of at least 25% open spaces and no more than 75% solid materials. All fences with more than 75% solid materials are considered "solid" fences.
*Exception - Fences along the front property line and along the side property lines back to even with the required front yard setback, abutting major streets, as defined, can be 100% solid.
All fences must allow for adequate site lines for vehicular traffic as required by PennDOT and Township ordinances.
(iii)
Major streets. As defined in Section 1220.08, major streets are any street or road owned by PennDOT. As of the enactment of this ordinance those streets include:
Providence Road | SR 4001 and SR 0252 |
Newtown Street Road | SR 0252 |
Rose Tree Road | SR 4002 |
The Media Bypass | SR 0001 |
Kirk Lane | SR 3028 |
Ridley Creek Road | SR 4003 (North of Baltimore Pike only) |
State Road | SR 1008 |
Baltimore Pike | SR 2016 |
Crum Creek Road | SR 2037 (South of State Road only) |
Palmers Mill Road | SR 0252 |
Bishop Hollow Road | SR 4004 |
Orange Street | SR 3021 (South of Kirk Lane only) |
Manchester Avenue | SR 3019 |
3.
Barbed wire shall not be used as part of fences around residential uses. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans.
4.
Any fence that has one side that is smoother and/or more finished than the second side shall have that smoother and/or more finished side placed so that it faces away from the area that is enclosed.
6.
No wall, fence or sign shall impede upon the clear sight triangle.
d.
Decks and patios, subject to the dimensional requirements specified under Section 1258.02E., "Permitted Projections Into Yards".
e.
Private swimming pools, provided:
1.
The applicable requirements of the BOCA National Building Code currently utilized by the Township are met.
2.
Rear and side yard setbacks for swimming pools as measured from the inside of the pool coping shall not be less than 15 feet for the rear yard and 10 feet for side yards.
3.
An opaque screen shall be established and maintained between the pool and all property lines to visually protect adjoining properties. This screen may be comprised of a dense planting of trees and shrubs or a fence. In the case of a planting screen, the minimum width of the planting bed shall be five feet.
f.
Other residential accessory structures similar to those permitted above, provided that district setback requirements are met and adequate buffering and/or screening provided.
g.
Recreational accessory structure: A small building separate from the main home, reserved for the use of the resident to indulge in hobbies and interests. This section includes, without limitation, structures commonly referred to as "she sheds." This section does not regulate tree houses or children's playsets.
1.
The height of such structure shall be limited to 15 feet.
2.
Such structures may be located within the side or rear yard only.
3.
Recreational accessory structures shall be set back a minimum of 10 feet from the side and rear property lines (except to the extent that the Zoning Ordinance provides for a greater setback for principal buildings, in which case the greater setback shall apply).
4.
A recreational accessory structure shall not have a footprint in excess of 300 square feet.
5.
The district setback requirements shall be complied with and adequate buffering and/or screening provided.
6.
Recreational accessory structures must be installed on a foundation meeting the requirements of the Uniform Construction Code and according to the manufacturer's instructions.
7.
Recreational accessory structures may have electricity and internet connectivity and plumbing sufficient to permit a small sink. There shall be no other utilities permitted.
8.
No bathrooms, showers, laundry, or sleeping quarters shall be permitted.
9.
Recreational accessory structures shall not be utilized as a domicile or residence for the resident or any other person.
10.
Recreational accessory structures shall not be used for any commercial purposes, including, but not limited to, day-care activities, retail sales, renting on any rental platform such as "Airbnb," "VRBO," or a similar rental platform.
I4.
Nonresidential accessory structure. A structure detached from a principal nonresidential building on the same lot and customarily incidental and subordinate to the principal building, including:
a.
Structures such as walls, fences, and signs, provided:
I5.
Accessory dwelling unit. An accessory dwelling unit that is detached from and clearly subordinate to a principal residential use, provided:
a.
The lot containing the accessory dwelling shall be a minimum of two acres in size.
b.
All setback and other bulk and dimensional requirements of the primary use and district shall be met.
c.
Only one accessory dwelling shall be allowed for each lot or parcel of land.
d.
Only accessory structures existing at the time of this Ordinance's passage are permitted to contain an accessory dwelling.
I6.
Dwelling in combination. An accessory dwelling unit that is clearly subordinate to an institutional, commercial, consumer service or office use.