Vernon Township City Zoning Code
PART 6
CONDITIONAL AND SPECIAL EXCEPTION USES
§ 27-601 General Requirements.
[Ord. 2009-01, 4/2/2009, § 601]
1.
The criteria for conditional and special exception uses are listed for each zone district in this Part of this chapter. Only those uses expressly listed as conditional or special exception uses in a particular zone district may be considered in that zone district.
2.
Any application for a conditional use or special exception use approval shall demonstrate that:
A.
The use will not endanger the public health, safety, or welfare if located where proposed and will not deteriorate the environment or generate nuisance conditions.
B.
The use can be accommodated on the site in accordance with the requirements of the zoning district, even in instances where a zoning variance may be necessary to accommodate such use.
[Amended by Ord. No. 2017-03, 10/5/2017]
C.
The use is compatible with or will support the development in the neighborhood of the site.
D.
The use will not require extensive earthmoving or revision of drainage patterns or create substantial increase in stormwater flow that will impact downstream development.
E.
The use will not create excessive traffic congestion unless such congestion will be mitigated by off-site improvements provided by the developer.
F.
Areas of the property not to be covered by buildings or paved area to be landscaped and maintained in accordance with an approved plan.
G.
Adequate off-street parking is provided on the same property as the use in accordance with § 27-511.
H.
Access points to the property are located as remote as possible from street intersections and adequate sight distances are available at access points for entering and departing vehicles as well as through traffic.
3.
Submission.
A.
A developer proposing a conditional use shall submit five copies of the following materials to the Township Secretary at least 10 days prior to the meeting of the Planning Commission at which he/she wishes to present his plan. A developer proposing a special exception use shall proceed as required in § 27-808, Subsection 10, of this chapter.
B.
The developer shall present a written statement discussing the relationship of his proposal to the criteria outlined in Subsection 2 above and the specific criteria contained in this Part.
C.
The developer shall present an accurately scaled illustrative site plan showing the arrangement of the proposed use on the site including:
(1)
Property lines around the entire site.
(2)
Uses on adjacent properties.
(3)
Abutting streets including paved and right-of-way widths and intersections.
(4)
Buildings existing and proposed on the site by use and height.
(5)
Points of access into the site.
(6)
Internal driveways and parking area layout with number of spaces noted.
(7)
Free-standing signs to remain or proposed.
(8)
Areas of earthmoving with proposed grade of finished slopes noted.
(9)
Method of collecting and disposing of stormwater.
(10)
Proposed landscaping and other pertinent information to illustrate the proposal.
§ 27-602 Conditional Use Processing.
[Ord. 2009-01. 4/2/2009, § 602]
1.
Conditional Uses. Certain uses, as specified by this chapter, are conditional uses to be granted or denied by the Board of Supervisors. The Planning Commission is to advise the Board of Supervisors on each application for a conditional use. It may also suggest reasonable conditions for the Board of Supervisors to consider. In addition, the Board of Supervisors shall hold a public hearing on a request for a conditional use pursuant to public notice. The Board of Supervisors shall decide requests for such conditional uses in accordance with such standards and criteria, as set forth in this chapter or the Pennsylvania Municipalities Planning Code.
The hearing shall be conducted by the Board of Supervisors or the Board of Supervisors may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board of Supervisors. However, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board of Supervisors and accept the decision or findings of the Hearing Officer as final. |
In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter or the Planning Code. |
A.
The Board of Supervisors shall render a written decision or, when no decision is called for; make written findings on the conditional use application within 45 days after the last public hearing before the Board of Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons thereof. Conclusions based on any provisions of this chapter, the Planning Code or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
B.
(1)
Where the Board of Supervisors fails to render the decision within the period required by this chapter or fails to commence, conduct or complete the required hearing, as provided in § 908(1.2) of the Pennsylvania Municipalities Planning Code, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as herein above provided, the Board of Supervisors shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the Board of Supervisors shall fail to provide such notice, the applicant may do so.
(2)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to the applicant no later than the day following its date.
§ 27-603 Specific Criteria to Be Applied to Particular Conditional and Special Exception Uses.
[Ord. 2009-01, 4/2/2009, § 603]
1.
Garden Apartment Building or Group of Buildings.
A.
The number of apartments permitted shall not exceed one per 4,000 square feet of lot area.
C.
Parking areas shall be located behind the front wall of buildings facing the street and screened as required by § 27-511, Subsection 3M.
D.
Within parking lots serving any garden apartment building or group of buildings, at least one deciduous shade tree, not less than 2 1/2-half-inch caliper when planted, shall be installed for each three apartments in the development or fraction thereof. Trees may be planted along the edges of the parking areas within such parking areas in prepared and protected pockets not less than three square feet in area or other locations on the property approved by the Board of Supervisors. Trees shall not be planted closer than 25 feet of each other or within 10 feet of a building. The property owner shall be responsible for the ongoing care of the trees and replacement if necessary.
2.
Commercial Kennel or Stable or Riding Academy.
A.
The property to contain a kennel shall be at least five acres in area or to contain a stable or riding academy at least 10 acres in area.
B.
Outdoor areas to be occupied by animals shall be as remote as possible from neighboring residences. Buildings on the site, landscaping and/or changes of grade may be used to screen adjacent housing areas or potential areas of housing.
C.
All outdoor areas to which animals have access shall be fenced to contain the animals and such outdoor area shall be no closer than 50 feet from any property line.
D.
Runoff from outdoor areas shall be diverted away from neighboring occupied properties and odors emanating from the operation controlled.
E.
All dogs in a kennel shall be kept in an enclosed building at night.
F.
The dwelling of a custodian or the owner shall be the only housing on the property.
3.
Standards for Communications Towers and Communications Equipment Building.
A.
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
B.
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
C.
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
D.
All antennas shall be located on an existing structure if possible. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with the owners of such structures.
E.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
F.
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot which meets the minimum lot size requirements for the zoning district.
G.
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.
H.
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
I.
In all zoning districts, the maximum height of any communications tower shall be 200 feet.
J.
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential district at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
K.
The base of a communications tower shall be landscaped so as to screen the foundation, base and communications equipment building from abutting properties.
L.
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
M.
The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Township's Building Code.
N.
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1 million per occurrence and property damage coverage in the minimum amount of $1 million per occurrence covering the communications tower and communications antennas.
O.
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
P.
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
Q.
No advertising message nor identification, signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission. Federal Aviation Administration or other governmental agency that has jurisdiction (see also § 27-514, "Special Height Restrictions in the Vicinity of Port Meadville Airport").
R.
Communications towers shall be protected and maintained in accordance with the requirements of the Township's Building Code.
S.
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower unless a written exemption is granted by the Zoning Administrator. In the event that unused communication equipment is not removed by the owner, the tower and associated facilities may be removed by the Township and the costs of removal assessed against the property.
T.
One off-street parking space shall be provided within the fenced area.
U.
Antenna support structures under 200 feet in height shall be painted or coated silver or have a galvanized finish to reduce visual impact, unless otherwise required by federal law. Solver or galvanized finishes shall be required unless the setting or natural surroundings can be used to justify another color.
4.
Group Child Day Care Home.
A.
Group day care home is intended for six to 13 children and to be in a residence.
B.
The facility shall have state approval or approval pending prior to opening.
C.
An outdoor play area shall be provided, completely enclosed by a fence and buildings on the property.
D.
There shall be no overnight accommodation of clients.
E.
A driveway area shall be set aside for discharge and pickup of clients.
5.
Elderly Housing Complex.
A.
The number of apartments shall not exceed one per 10,000 square feet of lot area in the R-R District, or one per 4,000 square feet of lot area in the R-S District, or one per 1,000 square feet of lot area in the CC District.
[Amended by Ord. No. 2017-01, 1/11/2017]
C.
At least one occupant of any apartment shall be not less than 50 years of age and no more than two adult persons shall reside in any apartment.
D.
The facility may include a common dining room and kitchen, medical and/or dental clinic, pharmacy, community room, gift and card shop and/or recreation facilities to serve the residents.
E.
The complex shall be connected to public sewer and water services or to community systems approved by the State DEP.
6.
Home Occupation. Home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. Note: Home Occupation and No-Impact Home-Based Business are separate uses. The following conditions for home occupations shall be observed:
A.
A home occupation shall be conducted in a single-family detached dwelling. No more than 25% of the total floor area within the dwelling shall be utilized for the home occupation, although not more than 300 square feet of floor area within an accessory building may also be utilized.
B.
No additions to the dwelling or modifications to the exterior appearance of the dwelling to accommodate the home occupation shall be permitted.
C.
No more than two persons not resident in the dwelling shall be employed in the home occupation.
D.
One off-street parking space, in addition to those required for the dwelling, shall be provided on the lot for the home occupation plus one space for each nonresident employee.
E.
A home occupation may only be conducted by the owner of the dwelling in which the home occupation is located.
F.
Items to be repaired shall be limited to those that can be carried by one person.
G.
No noxious odors, smoke, noise, vibration, or glare shall emanate from the conduct of the occupation.
H.
When a dwelling containing a home occupation is sold, the buyer shall, if he/she chooses to continue or change the home occupation, apply to the Zoning Officer for approval. Any changes in the size or type of home occupation must be approved by the Zoning Hearing Board.
I.
Home occupations may include, but are not limited to, art studios; dressmaking; professional offices of lawyers, engineers, architects, or accountants; real estate offices; home offices; barbershops and beauty parlors; or the teaching of music limited to one student at one time. However, a home occupation shall not be interrupted to include auto or internal combustion motor repair/service, woodworking, small motor repair, kennels, or restaurants. Personal services such as barbershops or beauty parlors shall be provided on an appointment-only basis.
7.
Mineral Products.
A.
The applicant shall provide an acceptable plan for erosion and sedimentation control, stormwater management, disposal of residue and replanting of the cleared area if not to immediately contain paved surfaces or buildings.
B.
Any proposal to remove coal, sand, gravel, clay or top soil shall be accompanied by the documentation required in Subsection 7A above and permits from the State Department of Environmental Protection and the Soil Conservation Service where required.
C.
As conditions of approval, the Township may impose weight limits on roads in the vicinity of the site, require a bond to guarantee road damage repair and a program for cleanup of spilled materials on roads and may limit the hours of operation.
8.
Nursing Home.
A.
The number of patients permitted shall not exceed one per 5,000 square feet of lot area in the RR District or one per 2,000 square feet in the RS District.
B.
The home shall be certified by the Commonwealth of Pennsylvania or have certification in progress prior to opening.
C.
The home shall be connected to public sewer and water services or to community systems approved by the State Department of Environmental Protection.
9.
Personal Care Home.
A.
The facility may be for four or fewer ambulatory but dependent clients and shall be considered a home occupation or it may be a new building or covered dwelling in which case the regulations of the Commonwealth of Pennsylvania shall govern occupancy and operation.
B.
The home shall have state approval or approval pending prior to opening.
C.
No two personal care homes shall be within 1,000 feet of each other as the crow flies.
10.
Group Home or Transitional Dwelling (special exception use in the RR and RS Districts).
A.
A group home is a residence for ambulatory mentally or physically handicapped persons who need assistance with daily living and may progress to independent living. A transitional dwelling is a temporary residence for persons moving from institutional to independent living. In either case, continuous supervision under the auspices of a public or social service agency is required.
B.
The home or dwelling shall have state approval or approval pending prior to opening and a plan for continuous supervision shall be available for the Township in the event of an emergency.
C.
No two facilities authorized by this section shall be within 2,000 feet of one another.
11.
(Reserved)
12.
Private Recreational Club or Facility for Members and Guests (conditional use in the RS District).
A.
The development shall include the least possible removal of trees and earthmoving to accommodate the proposal.
B.
Access to the property shall be controlled through one or at most two locations.
C.
The residence of a custodian or manager shall be the only housing on the property.
D.
Development may include a clubhouse, outdoor recreational facilities and maintenance buildings, intended for the use of bona tide members and their guests only.
E.
The organization shall be a registered nonprofit or corporate entity with the Commonwealth of Pennsylvania.
F.
Parking shall be hidden from view from roads abutting the facility.
13.
Public Utility Right-of-Way.
A.
The width shall be the minimum necessary for the right-of-way's function.
B.
Every effort shall be made to place proposed utility lines in rights-of-way already in existence.
C.
Vegetation shall be retained where rights-of-way cross public roads.
D.
Single poles will be preferred to pylon towers in areas of public visibility.
E.
Methods to suppress vegetation shall be revealed in detail and generally vegetation shall be trimmed only to the extent necessary for the right-of-way to function effectively.
14.
Any retail or personal, professional or business service dealing directly with the public that is similar to and compatible with the principal permitted uses in the CR District.
A.
The business shall be conducted from within a permanent, enclosed building.
B.
The building required for the use shall be substantially the same in size and appearance as those of permitted businesses.
C.
No products or residue from the business shall be stored outside except vehicles for sale on the premises or outdoor nursery plant materials. Outdoor sales areas shall not be permitted to reduce required off-street parking on the lot.
D.
If the premises are to be developed as a temporary use, the proposer shall provide a plan describing the projected time limitation for the development, the long-term proposed use, if any, of the premises and if no long-term use, how he/she will return the premises to the predevelopment condition.
16.
Golf Driving Range or Miniature Golf.
18.
Theater, Outdoors.
A.
The entrance control point shall be located so that at least 20 cars may line up approaching it off the highway abutting the site.
B.
The screen shall be oriented so that it is not visible from adjacent or nearby roads or highways.
C.
Sound recording shall be available at individual receivers for each admitted car only.
19.
20.
Manufacturing or Fabricating Involving Processing of or Manufacturing from Raw Materials.
A.
All manufacturing, assembly, reduction or other processes shall take place within an enclosed building.
B.
Raw materials and/or finished products may be stored outside, provided that they are completely surrounded by buildings on the property and/or a fence with an opaque surface not less than six nor more than eight feet in height, set back not less than five feet from any property line. The setback area where it abuts a street or a property in a residential zone shall be planted in low shrubs and trees not more than 40 feet on center.
C.
The operator shall demonstrate that the proposal will not generate excessive noise, dust, odor, glare, vibration or radioactive emissions beyond any property line surrounding the use.
21.
Bulk Fuel Oil Storage Yard.
A.
Storage tanks shall be completely surrounded by a dike capable of containing the maximum contents of all the tanks within the dike. Any openings in the dike shall be leak-proof when closed and shall close automatically in the event of tank rupture. As needed, tanks shall be registered with DEP, comply with their regulations, and show evidence of same.
B.
No tank shall be located closer than 100 feet to any property or street line or 500 feet to any residence.
C.
The area within the dike shall be drained by an underground system capable of closing automatically in the event of a tank rupture.
D.
An emergency management plan shall be prepared and approved by the local Fire Marshall and the consent of DEP shall be secured by the developer as conditions of issuing a zoning permit.
22.
Foundry or Heavy Punch Press Operation.
A.
Heavy equipment shall be isolated on individual buffered foundations to avoid transmission of vibration.
B.
Noise-producing equipment shall be located within enclosed buildings or rooms designed to absorb sound.
C.
Operations creating glare shall occur in a building or room without windows or skylights.
23.
Auto Salvage or Used Materials Storage and Sales.
A.
The yard shall be established for the salvage and sale of used auto and/or machinery parts and not primarily for the storage and accumulation of parts.
B.
The operator shall be authorized to collect Pennsylvania sales tax prior to opening. The business shall be his major source of income.
C.
All outdoor salvage areas shall be completely surrounded by a fence whose vertical surface is opaque and whose height is not less than six or more than eight feet high. Gates in the fence shall be kept closed except to permit vehicular access into the yard.
D.
The fence shall be set back at least 10 feet from all property lines and the area between fence and property line landscaped and maintained in accordance with § 27-604, Subsection 7B.
E.
The operator shall provide plans to control insect and rodent infestation, to drain all parts of the site, to allow access of emergency service and to remove derelict vehicles and parts on a regular basis as a condition of approval.
F.
The business shall be operated from a permanent building on the site.
G.
No burning of discarded materials shall occur on the premises.
H.
Materials in the yard shall not be stacked over eight feet high and piles shall be separated by alleys to allow truck access.
24.
Ready-Mix Concrete or Other Bulk Materials Distribution.
25.
Any other manufacturing, fabrication or assembly operation or business in support of such operation and similar to and compatible with the principal permitted uses in the BM District.
A.
The proposed use shall not generate any of the following beyond the property lines surrounding the operation:
(1)
Noise levels discernible above the ambient background levels.
(3)
Dust from any manufacturing or storage operation.
(4)
Vibration of any equipment.
(5)
Interference with radio, television or other communications equipment.
(6)
Odor or contaminated runoff from any manufacturing or storage operation.
(7)
Storage of flammable or explosive substances or substances likely to breed insects or attract rodents or radioactive.
B.
The use may not be occupied, if approved by the Board, until a certificate from the State Department of Labor and Industry has been received.
C.
Screening in the form of landscaping or fencing may be required by the Board where appropriate.
26.
Any retail or personal, professional, or business service that is similar to and compatible with the principal permitted uses in the CR District (special exception in the CR District).
A.
The business shall be conducted from within a permanent, enclosed building.
B.
The building required for the use shall be substantially the same in size and appearance as those of permitted businesses.
C.
No products or residue from the business shall be stored outside except vehicles for sale on the premises or outdoor nursery plant materials. Outdoor sales areas shall not be permitted to reduce required off-street parking on the lot.
D.
If the premises are to be developed as a temporary use the proposer shall provide a plan describing the projected time limitation for the development, the long-term proposed use, if any, of the premises and if no long-term use, how he/she will return the premises to the predevelopment condition.
27.
(Reserved)
28.
Commercial Amusement Enterprise.
A.
Such enterprises shall be entirely within an enclosed building, unless they are a miniature golf course, golf driving range, baseball batting cages or children's amusement center.
B.
All outdoor lighting shall be focused and shielded so that if falls entirely within either the areas of activity or parking lot serving the facility.
C.
No outdoor loudspeakers or amplifiers shall be permitted.
D.
The operator shall present a plan as a condition of approval indicating how the conduct of juvenile patrons will be monitored and controlled.
29.
Clubs and Lodges.
A.
The proposed use must be in conformity with all of the general requirements for conditional uses as set forth in § 27-601, and the subsections thereof; to wit, Subsections 2A through H.
B.
A site plan shall be submitted, detailing information as to the layout of parking areas and the manner in which traffic will be directed on site.
C.
Access to and from the real estate by vehicular traffic shall be controlled by designated specific locations, not to exceed two in number.
D.
All outdoor lighting must be focused and shielded directly on the facility property and shall be designed to prevent glare and interference with adjoining residential properties or public roads.
30.
Large Retailers. Big-box retailers exist on a large volume of vehicular traffic, including truck delivery. Also, due to business volume, such uses generate large amounts of solid waste and shipping accessories (pallets, containers, etc.). Such uses must:
B.
File a building design plan with the Township of Vernon that adheres to the following criteria:
(1)
All front walls shall have at least one entrance for every 100 lineal feet or fraction thereof.
(2)
By using a combination of paint, building materials, and/or some type of facade articulation as well as landscaping, front and sidewalls shall present a varied appearance, not merely flat painted cement block.
(3)
Any roof top HVAC, or similar rooftop mechanical devices shall be screened by the use of parapets above the roofline.
31.
Convenience Store.
A.
Any fuel pumps shall be at least 25 feet from the front lot line and 50 feet from each side lot line.
B.
Any lot line abutting a residential use or district shall provide appropriate screening. Such screening shall be at least 10 feet wide.
C.
The canopy shielding gasoline pumps shall be no closer than 20 feet from the front lot line or may follow the average front setback of the structures adjacent on each side and 20 feet from each side lot line. See also § 27-517, "Lighting."
D.
Any outdoor mechanical or refrigeration equipment shall be visually screened as well as muffled to minimize noise.
32.
Veterinary Establishments. Such uses shall:
A.
Provide evidence that arrangements for the disposal of dead animals and "red bag" waste have been made.
B.
Areas used for the treatment and overnight care of animals shall be soundproofed.
C.
Outdoor animal runs shall be floored with concrete and properly fenced to allow for easy cleaning as well as the proper containment of animals.
D.
All side and rear yards which abut residential uses and districts shall provide screening at least 10 feet wide.
33.
Shopping Centers. This is generally a group of commercial establishments planned, developed and managed as a unit with common parking areas. These regulations shall only apply to shopping centers of 100,000 square feet or more of retail building area.
A.
All parking shall be on lot.
B.
The development shall conform to the site development standards as set forth below:
(1)
All front walls shall have at least one entrance for every 100 lineal feet or fraction thereof.
(2)
By using paint, building materials or some type of facade articulation as well as landscaping, front and sidewalls shall present a varied appearance, not merely flat painted cement block.
(3)
Any roof top HVAC, or similar roof top mechanical devices shall be screened by the use of parapets above the roofline.
34.
Outdoor Recreation (Excluding Outdoor Movie Theaters). These uses can be intrusive and shall adhere to the following standards:
A.
Lighting (see § 27-517): Lighting shall be fully or partially shielded (cutoff fixtures) at least 15% below horizontal. A landscaped screening 10 feet in width shall be provided on all side and rear lot lines that abut residential uses or districts. The screening shall provide an effective light screen.
B.
No outdoor speakers shall be allowed.
C.
The operator shall present a plan indicating how the conduct of juvenile patrons will be monitored and controlled.
35.
Wholesale Trade. Wholesale trade establishments shall follow the following regulations:
36.
(Reserved)
37.
Industrial/Business Park. The industrial and business park use is created as an area to be devoted to industrial and non-retail business activity or business. The district encourages the use of industrial park development. Such development treats large expanse of land as an industrial subdivision by planning, constructing, servicing, and maintaining it in a manner that will make resourceful use of the land, increase the compatibility and attractiveness of these uses to each other, and protect the Township's advantage in attracting industry.
A.
Permitted Uses and Accessory Uses.
(1)
Permitted Uses. Only those industrial, manufacturing, compounding, processing, packaging or treatment uses and processes from the following listing are permitted when and if they do not represent a health or safety hazard to the community through air, water and noise pollution, including the production or emission of dust, smoke, refuse matter, toxic or noxious odors, explosives, gas and fumes, excessive noise, or similar substances and conditions.
(2)
Principal Uses.
(a)
Wholesale, warehousing and storage.
(b)
Distributing plants, beverages bottling and/or distribution.
(c)
The manufacturing, compounding, processing/packaging, treatment and distribution of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food and kindred products.
(d)
Laboratories devoted to research, design, experimentation, processing, and fabrication incidental thereto.
(e)
Utility operations (electric and gas company operations, sewer and water authorities), excluding electric-generating facilities.
(f)
Radio and television facilities and operations, telephone exchange and transformer stations.
(g)
Carpenter, electrical, plumbing, welding, heating or sheet metal shop, furniture upholstering shop, laundry and clothes cleaning or dyeing establishments, printing shop or publishing plants.
(h)
Building material supplies, excluding stone crushing or concrete mixing.
(i)
Light manufacturing.
(j)
Assembly, manufacturing, compounding, processing, packaging or treatment uses or processes which do not produce or emit dust, smoke, toxic or noxious odors, gases and fumes that are offensive to the public.
(k)
Office buildings.
(3)
Accessory Uses. The following special uses shall be permitted in an Industrial Park District, providing the buildings and accessory buildings and use comply with all requirements of other districts in which they are normally permitted:
(a)
Cafeterias or restaurants and convenience stores specifically designed and intended for use by those employees and management of permitted uses in the Industrial Park District.
(b)
Auditoriums, meeting rooms, or other buildings primarily intended for the mutual use of the permitted uses located within the district.
(c)
Outdoor recreational facilities designed and intended for use by employees and management of those permitted uses within the district. These facilities, if lighted, must be shielded away from any thoroughfares and residential districts by the use of full out-off fixtures.
(d)
Any permitted facility as per the Suburban Residential District (RS).
C.
All buildings in a business park shall be connected to the municipal water and sewer system.
38.
Auto/truck, new and used sales and services, boat sales and services, farm and heavy equipment shall observe the following regulations:
A.
Any outside display of vehicles, boats, or boat trailers shall maintain a twenty-foot setback from the front property line and at least a fifteen-foot setback from side or rear property lines (thirty-five-foot setbacks from side or rear lines abutting residential districts.)
B.
All cleaning, repair, part storage and painting shall occur indoors.
C.
The temporary storage of vehicles for repair shall be only behind or beside the principal structure.
D.
The long-term (over 30 days) storage of farm and heavy equipment shall be indoors or in a fenced area (fencing height at least six feet but not more than eight feet) behind the principal structure.
E.
All drainage plans shall conform to applicable Township ordinances.
F.
All activities shall be operated from a permanent building on an approved (UCC) foundation.
G.
No string(s) of bare light bulbs, or pennants, shall be permitted.
40.
Car Washes. Car washes are subject to the following express standards and criteria:
A.
Car washes shall be connected to public sewer. All drainage water from car washing operations shall be contained on site, so as to not become a nuisance or hazard to adjoining properties, berms, or roadways.
B.
All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this chapter which is at least 10 feet in depth measured from the property line.
C.
Outdoor areas for parking and queuing shall be covered with an impervious surface, and shall be maintained free of debris and obstruction.
41.
Self-Service Storage or Mini Warehouse.
[Added by Ord. No. 2017-02, 1/11/2017]
A.
The minimum parcel/lot area shall be no less than two acres.
B.
No storage or warehouse building shall be located within a distance of 250 feet from the center line of any adjacent public road right-of-way.
C.
Access driveways and interior drive aisles shall be no less than 24 feet wide and shall be constructed with a paved surface. Paved surfaces shall be of asphalt, concrete, or other improved pavement material, and the thickness of said pavement shall be sufficient to adequately support the anticipated vehicular traffic.
D.
Facility layout, design, and exterior building materials and treatment for all structures, including, but not limited to, fences, walls, gates, buildings, and landscaping, shall be of high quality and shall be neatly constructed and maintained to an aesthetic that is compatible with adjacent development within the Conneaut Corridor District and to the satisfaction of the Township Supervisors.
E.
The facility shall be completely enclosed with perimeter fencing of a height not less than six feet and not more than eight feet. The use of barbed wire shall not be permitted.
F.
Storage will only be permitted within fully enclosed buildings, and no outside storage will be permitted.
§ 27-604 Planned Residential Development (PRD).
[Ord. 2009-01, 4/2/2009, § 604]
1.
Planned residential developments are a conditional use in the RR and RS Districts.
2.
The intent of a planned residential development is to encourage innovation in community design, variety and intermixture of housing types, efficiency in the layout of streets and public services and conservation of environmental values. The PRD plan is intended to be a reasonable departure from conventional development regulations and to allow the fitting of development to the specific site proposed for the plan with minimal rearrangement of the site surface and removal of trees. A PRD shall be encouraged where steep slopes, flood hazard areas or significant woods might be destroyed or seriously impacted by conventional subdivision or where an existing park may be expanded or substantial new usable park, recreation or conservation areas may be created. A PRD should be discouraged where a site has no natural barriers to fill development, is lacking in any wooded areas and/or will not add to the Township's inventory of usable open space.
3.
All buildings in a PRD containing fixtures with running water shall also be connected to a public sewage collection system or a community system approved by the State Department of Environmental Protection.
5.
Dimensional Requirements for the Plan.
RR | RS | |
|---|---|---|
Minimum site size, in acres | 40 | 20 |
Maximum density, dwellings per acre | 1.5 | 4.5 |
Minimum open space, percent of site | 50% | 40% |
Maximum coverage, percent of site | 8% | 12% |
Minimum percent, single-family dwellings | 80% | 50% |
Maximum percent, two-family dwellings | 20% | 30% |
Maximum percent, attached dwellings | — | 20% |
NOTES: | |
1. | Minimum site size shall not include any existing street rights-of-way. |
2. | Maximum density shall include the entire site size. |
3. | Minimum open space shall be that area not to be developed or within street rights-of-way and IS to be controlled by the residents of the plan or offered to the Township for park purposes. |
4. | Minimum coverage shall mean all ground surface covered by pavement or buildings including streets. |
5. | Minimum percent single-family dwellings shall mean the percent of all dwelling units in a plan that is single-family detached dwellings on their own lots. |
6. | Maximum percentages refer to the maximum percent of all dwelling units in the plan that may be two-family dwellings or single-family attached dwellings (townhouses). A dash indicates that the particular housing type is not permitted in a PRD in the specific zone district. |
6.
Dimensional Requirements for Lot Sizes.
RR | RS | |
|---|---|---|
Single-family lots, minimum size in square feet | 15,000 | 12,500 |
Minimum percent of such lots in a plan | 60% | 60% |
Single-family lots, minimum size in square feet | 12,500 | 8,500 |
Maximum percent of such lots in a plan | 40% | 40% |
Single-family lots, minimum size in square feet | 8,500 | 6,000 |
Maximum percent of such lots in a plan | 20% | 20% |
Two-family dwelling lots, minimum size in square feet | 20,000 | 15,000 |
Townhouse lots, minimum size in square feet | — | 15,000 |
Individual townhouse lots, minimum size, square feet | — | 2,800 |
7.
Dimensional Requirements for Building Setbacks.
A.
The following are minimum lot width and front, side and rear setback distances (yard depths), in feet, for single-family lots, by size of lot in square feet:
Lot Area | Width | Front | Side | Rear |
|---|---|---|---|---|
15,000 square feet | 90 | 40 | 10 | 40 |
12,500 square feet | 75 | 40 | 10 | 40 |
8,500 square feet | 65 | 40 | 10 | 40 |
6,000 square feet | 55 | 40 | 10 | 25 |
NOTE: Lot width shall be measured at the front setback line; on a corner lot, the lot width shall be increased by 10 feet. |
B.
The following shall apply to all other lots:
(1)
The minimum width and front, side and rear yard setbacks shall be the same as for a fifteen-thousand-square-foot single-family dwelling lot.
(2)
Where a lot containing a townhouse abuts, along a common side property line, a lot containing a single-family or two-family dwelling, the townhouse building shall be set back 20 feet from the side property line.
C.
Minimum Distance Between Townhouses on the Same Lot.
(1)
Front or rear long walls of two buildings face each other: 40 feet.
(2)
Front or rear wall of one building faces end wall of a second building: 25 feet.
(3)
End walls of two buildings face each other: 20 feet.
(4)
Walls shall be considered as facing one another if they are parallel or form an angle of not more than 45°.
(5)
In no case shall two buildings be closer together at any point than 20 feet.
(6)
Where building walls are not parallel to each other, the average distance between the nearest end corners of each building and between the more remote end corners of each building on the walls that face each other shall be used to meet the minimum separation requirements.
8.
Common Open Space.
A.
Common open space may include, in addition to improvements and facilities not to be publicly maintained, land whose slope exceeds 25%, rock outcrops, floodplains as indicated on the flood hazard boundary maps of the Township, areas of mature woods, stormwater management facilities, parks or playgrounds.
B.
To the extent possible within the plan, common open space areas shall be connected and none shall be less than an acre in area. Such areas shall be provided with access points allowing vehicular entrance for maintenance and pedestrian access from public streets to each such area designated "common open space."
C.
Such areas shall be indicated as a separate property or properties on the plan and designated "common open space."
D.
Such areas shall be held by the developer until deeded in perpetuity to an association of homeowners made up of all the property owners in the plan, such association to operate under bylaws approved by the Township Solicitor as protecting both the Township and the plan residents.
E.
Prior to the establishment of the association the developer may offer all or part of the common open space at no cost to the Township for purposes of expanding an existing or creating a new recreation park or conservation area.
F.
The association shall be responsible for the maintenance of improvements within the plan that are not the responsibility of a public body and for the maintenance of the common open space in the plan, including administrative, legal, auditing, insurance, and other expenses. The association may develop recreation facilities within the common open space for the residents of the plan but may not sell any portion of the common open space to others except to the Township, school district, or a public authority.
9.
Processing of Tentative Plans.
A.
The application for a proposed planned residential development shall be submitted by the landowner for tentative approval to the Planning Commission and shall include all the materials required by Subsection 10 in three copies. In addition the landowner shall provide one copy of the plan to the Crawford County Planning Commission.
B.
The Commission shall review the application and send one copy to the Board of Supervisors together with recommendations.
C.
Within 60 days after the filing of the application, the Board shall call and hold a public hearing on it. The hearing may be continued from time to time but shall be concluded not later than 60 days after being first convened. Notice of the hearing shall appear twice in a newspaper of general local circulation, the first time not less than 14 days before the hearing and the second time not less than seven days thereafter and shall announce the date, time, place and purpose of the hearing and the times and place when and where the application may be examined prior to the hearing. In addition, the property on which the planned residential development is proposed shall be posted in at least one prominent place with the same information contained in the notice.
D.
The Board shall Conduct the Hearing. The Chairman may administer oaths and compel the attendance of witnesses. All testimony shall be given under oath and every party of record shall have the right to cross-examine adverse witnesses. A verbatim record shall be made, but costs of copying shall be borne by those requesting copies. All exhibits accepted in evidence shall be identified and preserved until the conclusion of the hearing.
E.
No later than 60 days after the conclusion of the hearing, the Board shall officially notify the landowner in writing that the Board has either:
F.
Failure of the Board to schedule or hold a public hearing or communicate a decision within the sixty-day limits shall be deemed as approval of the plan a submitted.
G.
If conditions are attached to approval, the applicant may either:
H.
The official written grant or denial of tentative approval shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for approval or denial and any attached conditions to approval as well as specific reasons why the plan would or would not be in the public interest on the proposed site including, but not limited to, the following:
(1)
In those respects in which the development plan is or is not consistent with the Central Crawford Region Multi-Municipal Plan.
(2)
The extent to which the development plan departs from zoning and/or subdivision regulations otherwise applicable to the subject property including, but not limited to, density, bulk and use and the reasons why such departure is or is not deemed to be in the public interest.
(3)
The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(4)
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provides adequate control over vehicular traffic and furthers the amenities of light and air and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.
(6)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
I.
Upon receiving tentative approval, the applicant shall, not less than six months thereafter, file an application for final approval of the first or only phase of the plan. The second phase shall not be submitted until at least one year but not more than five years after the first phase final plan, and later phases not less than one year or more than five years after the previous phase.
J.
The official written communication provided for in this chapter shall be certified by the Secretary of Vernon Township and shall be filed in the office of the Secretary. A certified copy shall be mailed to the landowner; where tentative approval has been granted, this shall be recorded on the Official Vernon Township Zoning Map.
K.
Tentative approval of a development plan shall not qualify the planned residential development for recording nor authorize development or the issuance of any zoning permits. A development plan which has been given tentative approval as submitted or which has been given tentative approval with conditions acceptable to the landowner shall not be modified or revoked nor otherwise impaired by action of Vernon Township pending an application or applications for final approval without the consent of the landowner; provided, an application for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in Subsection 9I above.
L.
If a development plan is given tentative approval, and thereafter, but prior to final approval, the landowner elects to abandon the development plan and so notifies Vernon Township in writing or in the event the landowner shall fail to file application or applications for final approval within the required period time or times, as the case may be, the tentative approval shall be deemed to be revoked, and all that portion of the area included in the development plan for which final approval has not been given shall be subject to the zoning regulations that applied prior to tentative approval of the development plan or as they may have been amended from time to time and the same shall be noted on the Township Zoning Map and in the records of the Secretary of Vernon Township.
10.
Plans Required for Tentative Approval.
A.
A written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the comprehensive plan for the development of Vernon Township.
B.
The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed.
C.
The density of land use to be allocated to parts of the site to be developed.
D.
The location and size of the common open space and the form of organization proposed to own and maintain the common open space and services.
E.
The use and the approximate height, bulk, and location of buildings and other structures.
F.
The feasibility of proposals for the disposition of sanitary wastes and stormwater and the provision of a potable water supply to all dwellings.
G.
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings, and structures including proposed easements or grants for public utilities.
H.
The provisions for parking of vehicles and the location and width of proposed streets and public ways.
I.
In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed with schedule to be updated annually on the anniversary of its approval until the development is completed and accepted.
J.
The location, size, and type of landscaping.
K.
The Planning Commission may, at its discretion, require a traffic study to be prepared if it is clear the project will have a significant impact on roads adjacent to and near the project. Such study shall address existing traffic volumes and volumes generated by the project particularly with reference to intersections providing access to the project and shall recommend specific improvements to alleviate congestion at intersections and on adjacent roads.
11.
Processing of Final Plans.
A.
An application for final approval may be for all the land included in a development plan or to the extent set forth in the tentative approval for a section thereof. The application shall be made to the Township Secretary within the time or times specified by the official written communication granting tentative approval. The application shall include the documents required by Subsection 12 as well as any covenants, easements, performance bonds, and conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required; provided that the development plan, or the part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
B.
The application shall be immediately forwarded to the Planning Commission, which shall review it at its next regular meeting thereafter and recommend approval or further action, as provided in Subsection 11E below, to the Board of Supervisors.
C.
In the event the application for final approval has been filed together with all drawings, specifications and other documents in support thereof and as required by this chapter and the official written communications of tentative approval, Vernon Township shall, within 45 days of such filing, grant such development plan final approval and authorize the issuance of zoning permits.
D.
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors shall refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
(1)
Re-file his application for final approval without the objectionable variations.
(2)
File a written request with the Board that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he/she may do so within 30 additional days after being informed of the Board's action. In the event the landowner shall fail to take either of these alternative actions within said time, he/she shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Board shall by official written communication either grant final approval to the development plan or deny final approval.
E.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon filing the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of the planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of the development plan, or part thereof as finally approved, shall be made by the Township except with the consent of the landowner.
F.
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner abandons such plan or the section thereof that has been finally approved and shall so notify the Board of Supervisors in writing or in the event the landowner shall fail to commence and carry out the planned residential development within the time limitations contained in the tentative approval, no further development shall take place on the property included in the development plan until after said property is re-subdivided and is reclassified by enactment of an amendment to this chapter, unless written request for an extension of the time period is granted by the Board of Supervisors to the landowner.
12.
Plans Required for Final Approval.
A.
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots and other sites, when applicable, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
B.
Name and right-of-way width of each street or other right-of-way.
C.
Location, dimension and purpose of easements.
D.
Number to identify each lot and/or site when applicable.
E.
Purpose for which sites other than residential are dedicated or reserved.
F.
Minimum building setback lines on all lots and other sites.
G.
Location and description of survey monuments.
H.
Names of record owners of adjoining unplatted land.
I.
Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
J.
Certification by surveyor or engineer certifying to accuracy of survey and plat.
K.
Certification of title showing that applicant is the landowner.
L.
Statement by owner dedicating streets, rights-of-way and sites for public uses.
M.
Bond or escrow account in favor of Vernon Township in an amount not to exceed 110% of the cost of improvements to be installed in the plan for later maintenance by the Township or the municipal authority or outside of but serving the plan and later to become publicly owned.
N.
Curb cut approval from PennDOT if access is to a state highway.
O.
Title, scale, North arrow and date.