Washington Township Erie County
City Zoning Code
City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 150-23 Temporary structures.
Temporary structures[1] used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period. Residing in a basement[2] or foundation or temporary structure before completion of the total structure shall not be permitted.
§ 150-23.1 Regulations governing communications antennas and communications equipment buildings.
[Added 5-1-2001 by Ord. No. 3-01]
A.
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
B.
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
C.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
E.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Zoning Administrator for compliance with the Washington Township Building Code and other applicable law(s) when such law or law(s) referencing a building code are adopted by Washington Township.
G.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished. Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
H.
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township of Washington.
I.
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for a principal structure.
J.
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
K.
The owner or operator of any communications tower shall respond to an inquiry from another communications provider regarding collocation within 45 days of the receipt of said inquiry.
L.
No communications tower may be located closer than two miles to any other communications tower.
M.
If a communications tower or communications equipment building remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower and buildings within three months of the expiration of such twelve-month period. The owner shall provide the Township with a copy of the owner's notice to the FCC of intent to cease operations. Should the owner fail to remove the tower, the Township may undertake the removal of the tower. The costs of the removal by the Township shall be chargeable as a municipal lien on the entire parcel upon which the tower is located and not just the leased portion thereof.
N.
A person proposing the placement of Communications Antenna(s) or a Communications Tower(s) shall comply with Chapter 119 (Subdivision and Land Development) of the Code of Washington Township, and said proposal shall be considered under the time frames outlined therein. The person shall also enter into a developer agreement with the Township and deposit with the Township an escrow amount determined by the Council.
O.
A person proposing the placement of communications tower(s) or communications antenna(s) in Washington Township shall consider and implement stealth technologies where practical. The person shall cite specifically the reasons why stealth technology would be impractical for each communications tower and/or antenna.
P.
A person proposing the placement of communications tower(s) or communications antenna(s) in Washington Township, either as a permitted use or special exception, shall submit an application satisfying the following requirements, containing the following information and having attached thereto all indicated documentation, exhibits, and drawings, these requirements being in addition to those required by Chapter 119, to the Zoning Officer no later than 15 days before the next regularly scheduled Planning Commission meeting, for consideration at that meeting:
(1)
The applicant shall provide its name and address, as well as telephone and facsimile numbers of the individual person responsible for decisions to be made concerning the application, and demonstrate that it is licensed by the Federal Communications Commission to operate a Communications Tower, if applicable, and communications antennas.
(2)
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.
(3)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(4)
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 one-quarter-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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
A commercially reasonable agreement could not be reached with the owners of such structures.
(5)
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street or road. The easement shall be a minimum of 50 feet in width and shall be improved to a width of at least 15 feet with a dust-free, all-weather surface for its entire length.
(6)
A communications tower may be not be located on a lot occupied by other principal structures and must comply with the Washington Township code for Subdivision and Land Development.[1] The Communications Tower must meet the minimum lot size requirements for the zoning district.
(7)
Recording of a plat of subdivision or land development shall be required for a lease parcel on which a communications tower is proposed to be constructed.
(8)
The applicant shall demonstrate that the proposed height of the communications tower shall not exceed the minimum height necessary to perform its function.
(9)
In the A-1 Zoning District, the maximum height of a communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet, provided that the required setbacks from adjoining property lines (not lease lines) and road right-of-way are increased by one foot for each one foot of height in excess of 150 feet. In the I-1 District, the maximum height of any communications tower shall be 180 feet.
(10)
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any district adjacent to a residence or single-family dwelling at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet. For a guyed communications tower, the foundation and base shall include the area encompassed by the anchors for the guy wires.
(11)
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties. Section 119-26C, Design Standards, of the Washington Township Code shall be followed.
(12)
The communications equipment building shall comply with the required yard requirements of the applicable Zoning District for a principal structure and shall not exceed 15 feet in height.
(13)
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 Washington Township Building Code.
(14)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(15)
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.
(16)
The site of a communications tower shall be secured by a fence with a height of eight feet to limit accessibility by the general public.
(17)
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
(18)
Communications towers shall be protected and maintained in accordance with the requirements of the Washington Township Building Code.
(19)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
(20)
One off-street parking space shall be provided within the fenced area.
§ 150-24 Off-street loading and parking.
Off-street loading and parking spaces shall be provided in accordance with the specifications in this section in all districts, whenever any new use is established or an existing use is enlarged.
A.
Off-street loading.
(1)
Every building which requires the receipt or distribution by vehicles of materials or merchandise shall provide off-street loading berths in accordance with the following table:
OFF-STREET LOADING SPACE REQUIREMENTS | ||
|---|---|---|
Uses | Square Feet of Floor Area | Required Off-Street Loading Space |
Schools | 15,000 or more | 1 |
Undertakers and funeral parlors | 5,000 | 1 |
For each additional 5,000 or major fraction thereof | 1 additional | |
Hotels and offices | 10,000 or more | 1 |
Commercial, | 10,000 to 25,000 | 1 |
wholesale, | 25,000 to 40,000 | 2 |
manufacturing | 40,000 to 60,000 | 3 |
and storage | 60,000 to 100,000 | 4 |
For each additional 50,000 or major fraction thereof | 1 additional | |
Hospitals (in addition to space for ambulance) | 10,000 to 300,000 | 1 |
For each additional 300,000 or major fraction thereof | 1 additional | |
(2)
Each loading space shall not be less than 14 feet in width, 55 feet in length and 14 feet in height.
B.
Off-street parking: size and access. Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall be 10 feet by 20 feet. Except in the case of dwellings, no parking area shall contain less than three spaces. There shall be adequate ingress and egress to all parking spaces. Parking area shall be designed to provide sufficient turnaround area so that vehicles are not required to back into roads. Where a lot does not abut on a public or private alley or easement of access, an access drive shall be provided leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 15 feet wide for one-way drives. For two-way drives, such access drives shall not be less than 20 feet wide. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.
C.
Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
[Amended 5-18-2005 by Ord. No. 1-05; 10-1-2013 by Ord. No. 2-13]
OFF-STREET PARKING SPACE REQUIREMENTS | ||
|---|---|---|
Uses | Required Parking Spaces | |
Animal hospital and boarding of animals | 1 for each 5 kennels; minimum of 3 | |
Automobile sales and service garages | 1 for each 500 square feet of floor area | |
Banks or professional offices | 1 for each 100 square feet of floor area | |
Bowling alleys | 5 for each alley | |
Car washes | 4 for each wash line | |
Churches with schools | 1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater | |
Churches | 1 for every 4 seats | |
Community buildings and social halls | none | |
Driving ranges and miniature golf | 1 for each tee | |
Dwellings | 2 for each family or dwelling unit, including space in garage | |
Dwellings in age-restricted residential communities and continuing-care retirement communities | 1 per dwelling unit | |
Food supermarkets | 1 for every 200 square feet of floor area | |
Funeral homes and mortuaries | 1 for every 100 square feet of floor area | |
Furniture or appliance stores | 1 for each 300 square feet of floor area | |
Hospitals, nursing homes | 1 for every 300 square feet of floor area | |
Hotels and motels | 1 for each living or sleeping unit | |
Manufacturing plants, research or testing laboratories | 1 for each 500 square feet of floor area | |
Medical or dental offices | 1 for every 250 square feet of floor area | |
Restaurants, taverns and nightclubs | 1 for every 100 square feet of floor area | |
Retail stores and shops | 1 for every 200 square feet of floor area | |
Rooming, housing and dormitories | 1 for each bedroom | |
Service stations | 4 for each service bay | |
Sports arenas, auditoriums, theaters or assembly halls | 1 for every 3 seats | |
Wholesale businesses | 1 for every 500 square feet of floor area | |
Warehouses | 1 for every 1,000 square feet of floor area | |
D.
Location of parking areas. Required parking spaces shall be located on the same lot as the principal use. The Planning Commission may permit parking spaces to be located not more than a distance of 400 feet from the lot of the principal use if located in the same zoning district as the principal use, and it is impractical to provide parking on the same lot with the principal use.
E.
Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces any residential district.
F.
Minimum distances and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 20 feet to any adjoining property containing a dwelling, school, hospital or similar institution.
G.
Surfacing. All parking areas shall be graded and drained to dispose of all surface water, and designed to provide for orderly and safe loading and parking and provide a means of dust control.
§ 150-25 Water recreation and storage areas.
Any facility for water recreation or storage shall comply with the following regulations:
A.
The facility must meet the setback requirements of the district.
B.
Stormwater detention facilities, shall comply with § 112-13E(4), and facilities, if operated to attract visitors, must comply with the parking requirements established under § 150-24 of this chapter.
[Amended 2-7-2006 by Ord. No. 5-05[1]]
[1]
Editor's Note: This ordinance also deleted former Subsection C, pertaining to parking, which immediately followed this subsection.
§ 150-26 Signs.
[Amended 7-27-1993 by Ord. No. 1-93; 7-27-1993 by Ord. No. 1-93; 1-4-2000 by Ord. No. 6-99; 1-4-2000 by Ord. No. 6-99; 3-7-2000 by Ord. No. 8-99; 4-4-2000 by Ord. No. 5-00; 10-1-2002 by Ord. No. 6-02; 10-1-2002 by Ord. No. 6-02; 2-17-2004 by Ord. No. 1-03; 11-8-2006 by Ord. No. 6-06; 5-6-2008 by Ord. No. 2-08; 5-6-2008 by Ord. No. 2-08; 9-1-2009 by Ord. No. 2-09; 6-16-2015 by Ord. No. 2-15]
No sign shall be permitted except as provided herein.
A.
General.
(1)
All signs shall require a permit with the following exceptions, which shall be under two square feet: real estate, “no trespassing,” “private property,” “no parking,” and signs announcing the name of the occupant of the premises on which the sign is located. Also excepted are political signs of any size which are located on private property.
(1.1)
For civic, charitable, fraternal, religious or service clubs and organization signs that require a permit and are only permitted in the R-1, RC-1, C-1 and B-1 Zoning Districts, the signs shall be placed on private property with the permission of the property owner and may be permitted in groups or multiples on a single panel not to exceed 50 square feet per panel. No more than six square feet per side of any individual civic organizational sign will be permitted. There will be no permit fee for signs of this type.
(2)
All permit applications shall have the written consent of the property owner, if a sign is to be located on property other than his own.
(3)
A two-faced sign is considered one sign.
(4)
Setback from any portion of the sign shall not be less than 10 feet from the edge of the road right-of-way, unless more restrictive setbacks are required in a particular district.
(5)
No portion of any sign shall obstruct the view of oncoming traffic.
(6)
Signs shall not be illuminated in any manner which would cause undue distraction, confusion or hazard to vehicular traffic.
(7)
Signs shall not project over the public right-of-way.
(8)
Renewal for permits is May 15 of each year. Permits shall not be renewed unless the sign is considered to be in good condition by the Zoning Officer. When a permit is not renewed, the sign shall be removed within 10 days of receipt of a letter from the Zoning Officer, or legal procedures shall be initiated as set forth herein.
(9)
If any sign is erected before a permit is issued and the sign does not conform to the regulations set forth in this chapter, the owner of the sign will have 10 days from receipt of a certified letter from the Zoning Officer to conform to the regulations or make application to the Zoning Hearing Board for variance from said regulations, or legal proceedings shall be initiated as set forth herein.
(10)
Fees are set by the Township Council at its first meeting of each year.
(11)
Signs or nameplates (“signage”).
(a)
Signage may be attached to a principal structure, silo or grain bin that relates to the business(es) conducted on that premises. The total maximum square footage size of all permitted signage shall be 1.5 square feet times the principal building length, or 1.5 square feet times the front facing length of that portion of a multiple-unit building occupied by an individual business occupant. The principal building length is defined as the longer of: the length of the side of the structure as it fronts on a public street or thoroughfare, or the length of the side of the structure that contains the main entrance to the business contained therein. "Front facing length" is defined as that portion of a multiple-unit building that contains the main entrance to the unit that contains an individual business occupant. In all cases, the maximum square footage of all signage permitted for any occupant shall not exceed 100 square feet.
(b)
In construing § 150-26A(11)(a) for buildings or structures that contain businesses that do not have a main entrance to each business leading to the outside of the building (for purposes of illustration and not limitation, a shopping mall containing many individual businesses but having only a small number of main entrances to the outside, or a department or grocery store with only one or two main entrances that contains, for example, a bank branch, a fast-food restaurant, a florist, an optometrist, etc.), the maximum amount of signage available for such a building or structure shall be calculated using the principal building length, as defined in § 150-26A(11)(a), and may be allocated or assigned to the different businesses within the building or structure in accordance with § 150-26A(11)(a).
(12)
Existing businesses. At the time of the enactment of this amendment (October 1, 2002), those businesses already in existence upon property in Washington Township in a strip mall, multitenant building or shopping center may, with the permission of the property owner, erect a wall sign not to exceed 20 square feet. Only those businesses not identified upon a multitenant sign [See § 150-26D(5)(b)] will be permitted signage for wall installation under this subsection. The said 20 square feet of signage shall be in addition to any other signage having been erected under § 150-26A.
(13)
All signs related to a business activity must be removed within 60 days of that business ceasing to operate.
B.
Agricultural (A-1). In addition to those standards set forth in Subsection A, no sign shall be permitted except as follows:
(5)
No sign shall exceed 250 square feet in area, nor 25 feet in length, nor 10 feet in height. Total height of a sign shall not exceed 18 feet.
(6)
No sign greater than 50 square feet shall be located closer than 250 feet to a road intersection or 660 feet from any limited-access or interstate highway.
(7)
No sign shall be permitted closer than 300 feet to any residential use, church, school, park, playground, cemetery or similar use, except if by that particular establishment or organization for its own use.
(8)
No sign shall be permitted closer than 100 feet to another existing sign on the same side of the road, excluding directional signs.
C.
D.
Commercial (C-1) and B-1 Business Districts. In addition to those standards set forth in Subsection A, no sign shall be permitted except as follows:
(5)
Signs not attached to the principal structure, as follows:
(a)
One main nameplate sign in connection with any legal commercial structure will be permitted, provided that said sign contains no information beyond the name, symbol or nature of the business, and does not exceed 50 square feet per side.
(b)
Multitenant identification signs. Where more than one tenant exists in a structure, each tenant shall be allowed one additional sign beyond the main nameplate sign consistent with the following requirements:
(c)
One additional temporary sign advertising merchandise specials per business establishment may be permitted, provided that the following conditions are met:
[1]
It does not exceed 40 square feet in total area.
[2]
It has no flashing lights.
[3]
It is set back a minimum of 10 feet from the edge of the road right-of-way and all sight distances for driveways are kept at safe levels.
[4]
It is properly anchored by cables and deadmen or a cement slab with anchor ties.
[5]
All electrical connections must meet the National Electric Code Standards and all applicable safety standards.
[6]
It is not closer than 100 feet to another existing sign of this nature.
(d)
If the structure fronts more than one road, one sign is permitted for each frontage.
(6)
Signs shall contain no information or advertising for any product not exclusively sold or manufactured on the premises.
E.
Industrial (I-1). In addition to those standards set forth in Subsection A, no sign shall be permitted except as follows:
(5)
Signs not attached to the principal structure. One sign in connection with any legal industrial structure will be permitted, provided that said sign contains no information beyond the name, symbol or nature of the business. If the structure fronts more than one road, one sign is permitted for each frontage.
(6)
Signs shall contain no information or advertising for any product not exclusively sold or manufactured on the premises.
(7)
Pole signs shall be permitted, provided that they do not exceed 50 square feet per side or 30 feet in height and there is a minimum clearance of 10 feet from the ground to any portion of the sign. A pole sign would constitute one type of sign referenced by Subsection E(4).
(8)
No sign shall be permitted closer than 100 feet to another existing sign on the same side of the road, excluding directional signs.
F.
(Reserved)
I.
Directional signs (A-1, C-1, I-1).
(1)
The size is limited to 20 square feet.
(3)
No prices will be advertised.
(4)
Limited to facilities located within Washington Township.
(5)
Signs permitted at strategic locations, i.e., initial sign, plus at point of directional change.
(6)
Signs shall not exceed one per location, nor be closer than five miles apart if no directional change en route.
J.
Development identification signs.
(1)
Residential development complexes (permitted in A-1, R-1, R-2, R-3 Districts only).
(a)
One sign is permitted at each entrance (limit two).
(b)
Each sign shall not exceed 32 square feet.
(c)
The sign must be approved by the property owner of whose lot it is placed on and maintained by that property owner or other bona fide maintenance organization.
(d)
The sign will not impact on intersection sight distances as required by the Pennsylvania Department of Transportation and other Washington Township ordinances.
(e)
The sign will not exceed 10 feet in height.
(f)
Information will be limited to the name of the development and the logo, if applicable.
(2)
Commercial and industrial development complexes (permitted in C-1 and I-1 Districts only.)
(a)
Master sign plan required. All landlord-, condominium association-, or single-owner-controlled multiple-occupancy development complexes on parcels exceeding two acres in size, such as shopping centers, strip plazas, malls or planned industrial parks, shall submit to the Zoning Administrator a master sign plan prior to the issuance of new sign permits.
(b)
The master sign plan shall establish standards and criteria for all signs in the complex that require permits and shall address, at a minimum, the following:
[1]
Proposed sign locations.
[2]
Materials.
[3]
Type of illumination.
[4]
Design of freestanding sign structures, including but not limited to pole signs [§ 150-26D(7)], multitenant identification signs [§ 150-26D(5)(b)] and nameplate signs [§ 150-26A(11)].
[5]
Size.
[6]
Quantity.
[7]
Uniform standards for business signage, including directional and informational signs.
(c)
Development complex sign. Every multiple-occupancy development complex shall be entitled to one freestanding, two-sided sign per street frontage, at the maximum size of 50 square feet per side, at a maximum of 30 feet in height, and a minimum clearance of 10 feet from the ground to any portion of the sign, to identify the development complex. Only the development name and/or logo shall be permitted on a development complex sign.
(d)
Compliance with master sign plan. All applications for sign permits for signage within a multiple-occupancy development complex shall comply with the master sign plan.
(e)
Amendments. Any amendments to a master sign plan must be signed and approved by the occupants within the development complex before such amendment will become effective.
K.
High-rise signs that exceed the maximum height limit and size may be permitted by conditional use in the C-1 or I-1 Zoning Districts under the following conditions:
(1)
High-rise signs must be located on the property of the applicant where business activity related to the high-rise sign is conducted, and no closer than 500 feet to any A-1, R-1, RC-1, R-2, R-3 Zoning District or Municipal boundary line.
(2)
A high-rise sign shall contain only the name, symbol, and nature of the business activity provided on the property upon which the sign is located.
(3)
Any new high-rise sign shall not impair the visibility of any existing high-rise signs.
(4)
All high-rise signs must comply with PA Act 160, Outdoor Advertising Act of 1971, and secure all required state and federal permits.
(5)
Revolving, rotating, flashing and message board signs are prohibited.
(6)
All high-rise signs shall be of the single-pole construction type, with maximum size permitted being 400 square feet and may be double sided.
(7)
All high-rise signs shall be landscaped to a distance of 10 feet from the base for the purpose of shielding the base supports of the sign, with a minimum planting height of four feet.
(8)
A certified engineer's drawing shall accompany all applications and will include design certification of wind, snow and ice load capabilities that exceed the maximum storm conditions of the area.
(9)
All applications for high-rise sign permits shall include: a drawing of the property, drawn to scale, that shows the name of the land owner and/or developer, a North arrow, map index number, yard distances and sign location, date of preparation, accompanied by a sign face drawing showing advertisement lettering, sign size and height, plus a landscaping plan. All landscaping plans must be approved by the Planning Commission.
L.
Billboard signs are described as off-premises signs which advertise an establishment, an activity, a person, a product or a service which is related to or unavailable on the premises on which the sign is located. Billboard signs are a permitted use in the C-1 and I-1 Zoning Districts only and will not be permitted in any other Zoning District.
(1)
All signs along roads designated as interstate and federal aid primary highways shall comply with the Outdoor Advertising Control Act of 1971. This includes but may not be limited to U.S. Interstate 79 and U.S. Route 6N in Washington Township.
(2)
Each parcel shall be limited to one billboard per lot, with the size meeting the minimum lot size requirement of the district in which it is located.
(3)
A distance of 3,000 feet shall separate billboards from any other billboard on the same side of the road and a distance no less than 1,000 feet in linear measure from any billboard located on the opposite side of the road. No sign greater than 50 square feet shall be located closer than 250 feet to a road intersection or 660 feet from any limited access or interstate highway.
(4)
Billboards may be a double-sided sign, and no sign shall exceed 250 square feet in area, nor 25 feet in length, nor 10 feet in height. The total height of a sign shall not exceed 18 feet.
(5)
All billboards shall be a single-post column support design and shall limit illumination to the sign face only. No direct light shall project beyond the sign face.
(6)
The contact address and telephone number of the owner of the billboard sign shall be clearly visible on the sign structure.
(7)
All applications for billboard sign permits shall include a drawing of the property, drawn at a scale of one inch equals 50 feet, that shows the name of land owner or developer, a North arrow, map index number, yard distances and sign location, date of preparation, accompanied by a sign face drawing showing advertisement lettering, sign size and height, plus landscaping plan. All landscaping plans must be reviewed by the Planning Commission, for recommendation to Council.
M.
Temporary Signs: Signs temporarily displayed to advertise special promotions, events and grand openings, and all political messages or candidacy signs for any individual seeking public office shall be permitted for nonresidential uses in a residential district and in all commercial and industrial districts. The total area of any such sign shall not exceed 10 square feet in the residential district and shall not exceed 20 square feet in the commercial and industrial district. All applications for special event signage under this section shall be approved or denied within seven days after submission to the Township, subject to the following limitations:
(1)
Such signs shall be limited to one sign per street frontage.
(2)
Such signs may be displayed for not more than 10 days in any three-month period and not more than 30 days in any one calendar year. The signs shall be erected no more than five days prior to the event or grand opening and shall be removed not more than one day after the event or grand opening. The total of all such signs shall not exceed 10 square feet in the residential district and shall not exceed 20 square feet in the commercial and industrial district.
(3)
Signs advertising a special community event shall be permitted in the public right-of-way, subject to approval of the zoning officer as to size, location and method of erection. No event signage shall impair the safety, convenience and use of the public right-of-way or obstruct traffic visibility.
(4)
A permit shall be required for all special event, promotion and grand opening signage. The permit fee shall be established by Washington Township Council and may be revised from time to time.
(5)
Individuals intending to place in the public right-of-way and/or upon public property any political message sign or political candidacy sign must comply with § 150-26M of the Code of Washington Township. Temporary signs may not be placed upon utility poles or trees in the public right-of-way. Signs of this nature should not obstruct the sight distances along Township roads or streets. Political signs must not be installed more than 30 days prior to the date of the primary or general election date, and signs shall be removed within 10 days after the primary or general election. A permit application is required if signage is desired on public property or within the public right-of-way. There will be no fee for political signage, but failure to remove the signage from the right-of-way within the time allowed will be considered a violation of the Township Code. Any signage of this nature placed upon private property must have the permission of the private property owner, and such signage will not require a permit and is not subject to any other limitation imposed by this subsection. [See § 150-26M(2).] All signs shall be removed 10 days after the event, grand opening or election.
(6)
Temporary Banner Sign(s) will be permitted on school property. All banners will be a maximum of 18 square feet and must be made of fabric, cloth, or vinyl. Signs shall not be illuminated in any manner; not shall they contain, electronically changeable messages, lighting, video, or sound. The time period will be limited to four months per season, per activity, per year. Permits can only be applied for by an authorized affiliate of the school for that activity. The Zoning Officer will have final approval or denial regarding this permit. The status of the permit will be decided within seven days. There will be no fee for this type of permit.
§ 150-27 Home occupations.
[Amended 7-1-1997 by Ord. No. 1-97]
Home occupations, as defined in § 150-9, are those business activities conducted in the home which are clearly incidental and secondary to the use of the dwelling unit for residential purposes. Home occupations conducted in accordance with the following conditions are considered as permitted uses in A-1, R-1, R-2 and R-3 Districts:
A.
A home occupation shall be any business operation that is a sole proprietorship, partnership or corporation, having the dwelling location as the primary place of business and the principals of the business entity being the residents of the dwelling location. These qualifications shall be in conjunction with all other requirements and definitions of this chapter.
B.
The home occupation shall be conducted solely by members of the immediate family who reside in the dwelling unit, except that one nonresident may be employed on-site. Any nonresident employee parking at the home will be considered an on-site employee.
C.
There shall be no exterior evidence of the conduct of a home occupation. This shall include no exterior storage or rubbish, junk or materials that may be generated by the home occupation. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character.
E.
The home occupation shall be conducted solely within the primary dwelling unit in the R-1, R-2 and R-3 Districts. The home occupation shall not utilize more than 30% of the living square footage of the primary dwelling unit. Home occupations may be conducted in accessory detached structures in the A-1 District and are still limited to the 30% living area regulation except for specific home occupations employing heavy equipment, as defined in Subsection J.
F.
The home occupation shall not involve the use of commercial vehicles over two tons for delivery of materials to and from the premises in the R-1, R-2 and R-3 Districts. The intent is to permit delivery vehicles such as United Parcel Service vehicles.
G.
The use shall not generate noise, dust, fumes, odors, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance. With respect to electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
H.
No home occupation shall cause an increase in the use of one or more utilities (sewer or refuse disposal) so that the combined total for the dwelling and home occupation purposes exceeds the average for residences in the Township.
I.
Any person patronizing the home occupation shall be provided with suitable off-street parking facilities located on the property of the home occupation.
J.
A home occupation employing heavy equipment is permitted in an A-1 District only and is limited to one large truck and accessory equipment.
K.
A home occupation shall not be interpreted to include, but "exclusion" is not limited to, the following: barbershops, beauty shops, commercial kennels, motor vehicle shops of any kind, restaurants, medical or dental offices and clinics, real estate offices, insurance offices, bed-and-breakfast establishments, or child-care facilities caring for more than six children.
L.
No home occupation shall be permitted prior to the owner acquiring a permit from the Zoning Administrator. The owner shall apply for a permit, which application shall state the intended home occupation and the owner's agreement to abide by the conditions set forth herein. There will be no permit fee for home occupations registering under these conditions.
§ 150-28 Automobile salvage, junkyards and similar storage areas.
All junkyards shall comply with Chapter 76, Junkyards and Junk Dealers.
§ 150-29 Agriculture.
Agricultural uses shall comply with the following:
A.
B.
Specialized animal raising and care. Any facility used for the housing of more than two animal units shall be considered an intensive use. All intensively used structures shall be built no closer than 150 feet to a side or rear yard.
C.
Sale of agricultural products.
[Amended 10-1-2013 by Ord. No. 2-13]
(1)
Roadside stands: A site less than 200 square feet shall be a permitted use in any zoning district that permits agricultural use by right. The stand or table must be located outside the road right-of-way and have at least two off-street parking spaces. The use would be seasonal, less than six months. There is no fee for the permit, but it must be renewed annually.
(2)
Farm sales stand: Any structure greater than 200 square feet and less than 1,000 square feet used for the sale of agricultural products produced on or near the parcel. A zoning permit is required and compliance with off-street parking, signage, highway occupancy and storm water requirements, if needed, must accompany the application to the zoning officer.
(3)
Farmers market sales structures and areas: A special exception approval in Zoning Districts C-1 and B-1 is required for structures and development areas greater than 1,000 square feet. The business may operate year-round and sales of products other than farm related may be sold. A land development plan must also be approved by the Township.
[Amended 6-16-2015 by Ord. No. 2-15]
D.
Agricultural business and industry. Such activities shall be permitted within the A-1 District as long as the respective use meets one of the following criteria:
(1)
That the use is purely secondary to the primary use of the land.
(2)
That the use is an adjunct function or operation of the product of the agricultural activity.
(3)
That the use would not dramatically alter the character of the A-1 District. Examples of such uses may include the processing or sale of the farm product, riding academies or veterinary clinics.
§ 150-30 Manufactured homes.
[Amended 7-2-2002 by Ord. No. 5-02]
This chapter provides that manufactured homes may be placed upon private lots in Washington Township, provided the owner and/or installer complies with the following:
A.
In accordance with § 150-21, in the A-1, R-2, or R-3 Zoning Districts, all manufactured homes must contain a minimum of 720 square feet of heated living area. In the R-1 Zoning District, all manufactured homes must contain a minimum of 1,200 square feet of heated living area.
B.
The on-site placement and completion of a manufactured home must be consistent with the manufacturer's approved design, including assembly, support and stabilization, so as to assure continued performance to the Federal Manufactured Housing Construction and Safety Standards (HUD). A copy of the manufacturer's installation requirements shall be a part of the zoning permit application.
C.
Every manufactured home shall be placed upon a perimeter foundation with the footer below the frost line.[1] If an owner/installer intends to place a manufactured home upon a lot in Washington Township with any other method of foundation installation, other than a perimeter foundation with the footer below the frost line, the chosen method shall be one approved by the manufacturer and in conformance to the HUD code, and the manufactured home shall be skirted. Skirting materials shall be of an approved design, and of quality construction, as approved by the manufacturer. Evidence of conformance to the foregoing requirements shall be part of the zoning permit application and shall be subject to review and approval by the Township Zoning Officer. The skirting shall be maintained by the property owner as originally installed as a condition of approval.
D.
At a minimum, every manufactured home in the Township shall have permanent hookups to a sanitary sewage disposal system, a source of potable water, and electric utility.
E.
Any manufactured home not placed, constructed, and maintained in accordance with the above requirements shall removed from the Township. A violation of any of the provisions of this section shall constitute a violation of this chapter.
F.
Manufactured home installation/placement and/or occupancy prior to an approved zoning permit and an approved site plan shall constitute violations of this chapter.
§ 150-31 Manufactured home parks.
[Amended 7-5-2011 by Ord. No. 1-11]
Manufactured home parks are permitted as a special exception in the R-2 Zoning District, provided that the applicant complies with the provisions of Chapter 119, Subdivision and Land Development, which became effective July 12, 1982.
A.
License required; annual fee; payment of charges prior to issuance.
(1)
It shall be unlawful to operate a manufactured home park without a validly issued manufactured home park license issued by Washington Township.
(2)
All manufactured home parks shall have an annual inspection and license renewal yearly by the Zoning Officer, and the annual renewal fee shall be paid as established by the Washington Township Council.
(3)
All taxes, water and sewage fees and charges shall be paid prior to the issuance or renewal of a manufactured home park license.
B.
Revocation of license; restoration of license.
(1)
The Zoning Officer may revoke a manufactured home park license upon 30 days' written notice to the owner of the manufactured home park or the agent of the manufactured home park when the manufactured home park is in violation of any federal, state, Erie County law or regulation, or any violation of the Code of Washington Township.
(2)
The filing of a request for a hearing on the validity of the revocation or a final determination that the revocation was improper shall be made to the Zoning Hearing Board within 30 days of receipt of any enforcement notice.
§ 150-32 Resource extraction (drilling and surface mining).
A.
Surface mining activities, including extraction of sand and gravel and other resources, (excluding coal operations), shall be a permitted use within the A-1 and I-1 Districts. Processing operations of surface noncoal mining shall be a permitted use in the I-1 District. Development of these natural resources shall be approved and controlled by the Pennsylvania Department of Environmental Protection (DEP); the Bureau of Topographic and Geological Survey; the Bureau of Surface Mine Reclamation; and be in conformance with the Oil and Gas Conservation Law, as amended;[1] the Gas Operations Well Drilling Petroleum and Coal Mining Act 225; and the Noncoal Surface Mining Conservation and Reclamation Act 418, as amended.[2] All operations of natural resources extraction sites, whether the site be operated under a commonwealth permit or not, shall register the site with the Township Zoning Officer, by completing a registration form approved by the Township Council, which registration shall include written proof that the operator has met all permitting requirements of the commonwealth, if applicable. The operator shall pay an annual registration fee of $50, which fee may be changed by the Township Council from time to time. The registration fee must be paid, and the registration must be complete, accepted and approved by the Township Zoning Officer before any construction on, preparation of or operation of the site may commence or continue. Whenever there is a substantial change in the nature of the site or of the extraction operation, including but not limited to change of ownership of the real estate or change of operator, the owner and/or operator shall be jointly and severally liable to, within 30 days of such change, update the registration in writing to the Zoning Officer. In addition to the commonwealth requirements, the following conditions must be met prior to acceptance and approval of the registration by the Township:
[Amended 7-5-2000 by Ord. No. 8-00]
(1)
All surface mining activities must be conducted no closer than 100 feet to an adjacent lot line, unless under common lease or ownership, and no closer than 100 feet to any road right-of-way.
(2)
All surface mining activities must be conducted no closer than 300 feet to an existing dwelling, unless the written consent of the owner of the dwelling has been obtained in advance of the filing of the application.
(3)
All surface mining activities must be conducted no closer than 300 feet from any public building, school, church, community or institutional building or public park.
(4)
All processing operations of surface noncoal mining must be conducted no closer than 500 feet to the boundary line of any R-1, R-2, R-3 or other residential district.
(5)
The operator shall submit to the Township for approval a plan for restoration of the area to be mined, which shall include anticipated future use of the restored land; the proposed final topography, indicated by contour lines of no greater interval than five feet; the action which will be taken to conserve the topsoil; and the location of future roads, drainage courses and other improvements contemplated. The restoration and reclamation plan shall be implemented and completed within one year of the expiration of the state permit to operate the facility.
(6)
The operator shall file with the Township written proof that all registration and bonding requirements of the Pennsylvania Bureau of Surface Mining Reclamation have been met. Drilling operators shall file with the Township written proof that all registration and bonding requirements of the Pennsylvania Division of Oil and Gas have been met. When the surface mining operator has performed all requirements contained in the restoration plan, the Township will issue a written certificate that restoration is complete and in compliance with the plan.[3]
[3]
Editor's Note: Former Subsection A(7) pertaining to drilling operations, which immediately followed this subsection, was repealed 7-5-2011 by Ord. No. 1-11.
B.
The Washington Township Council reserves the right to attach any other necessary conditions to drilling and surface mining operations as may be required to protect the health, safety and welfare of the Township.
C.
Development of oil and gas as defined herein shall be a conditional use with specific conditions in the A-1, RC-1, and I-1 Zoning Districts.
[Added 7-5-2011 by Ord. No. 1-11]
(1)
The Township recognizes that oil and gas exploration and extraction are the primary responsibilities of the regulatory agencies of the Commonwealth of Pennsylvania. However, the Township maintains its zoning powers as set forth in the Municipalities Planning Code (MPC)[4] and through the Township's Zoning Ordinance for the health, safety and welfare of the Township's residents. It is in the Township's best interest to determine where oil and gas exploration will be permitted and to have information concerning where oil and gas exploration, development and production are taking place within the Township, and to ensure certain security and safety measures, related to all oil and gas well drilling and production, in designated zoning districts.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Compressor stations and natural gas processing plants shall be permitted by conditional use in the I-1 Zoning District only.
(3)
Oil and gas development:
(a)
Any drilling device, equipment or facility of any kind, including storage, shall comply with all setback and buffer requirements of the A-1, RC-1 or I-1 Zoning Districts.
(b)
The operator shall comply with any and all permitting requirements for the protection of Township roads, including a traffic study and analysis of the design of the existing Township roads found in § 119-34. The use of heavy equipment and excessive loads on Township roads must be examined before development begins in the oil and gas exploration project. Operators shall take all necessary corrective action and measures as directed by the Township to ensure the roadways are repaired or upgraded prior to development if required by the Township.
(c)
Application process. Any private property owner in Washington Township may drill a private or personal oil and gas well for his or her own personal use in any zoning district, provided that:
[1]
The oil and gas well may not be used for commercial development or sale of the natural resource to others.
[2]
The product extracted is for the private property owner's exclusive use to heat, cool, and generate electrical power for the property owner's home or the property owner's business exclusively.
[4]
No oil and gas product shall be transported to other properties or used for a commercial purpose on any other property or lot of record in Washington Township unless the product is for the owner of both parcels and for the exclusive use of the property owner.
[5]
Operators, private or commercial, shall take all necessary safeguards as directed by the Township to ensure that Township roads utilized by it and its contractors and employees remain free of dirt, mud and debris resulting from development activities and/or shall ensure that such roads are promptly swept or deaned of dirt, mud and debris as directed by the Township. Operators shall enter into an excess maintenance agreement with the Township upon the recommendation of the Township Engineer and follow § 119-34H(6)(e) for additional pavement design requirements found in the Code of Washington Township.
(d)
Prior to development, the operator shall provide to the Township's first responders, including the Fire Department and ambulance personnel, along with the Zoning Officer and Emergency Management Coordinator a copy of its (PPC) preparedness, prevention and contingency plan.
(e)
Before drilling, the Township shall be notified that the Township's first responders have secured adequate training to deal with any potential dangerous conditions that may result due to development activities. First responders shall have a minimum of five hours of training per year to meet this standard.
(f)
The Township recognizes that the specific location of equipment and facilities is an important and integral part of oil and gas development. As part of the planning process, the operator shall locate its temporary structures, including security and temporary housing units, as noted in § 150-23 of the Code of Washington Township, providing adequate sanitary facilities approved by the Erie County Health Department.
(g)
The Township recognizes that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas. The operator shall direct site lighting downward (as noted in § 150-54.1 of the Code) and inward toward the drill site, wellhead, or other areas being developed so as to attempt to minimize glare on public roads and adjacent buildings within 300 feet of the drill site, wellhead, or other area being developed.
(h)
As part of the application process, the operator/applicant shall provide to the Township the following:
[2]
Information on the status of road usage that may require an excess maintenance agreement, a description of planned operations and start and completion dates along with a list of equipment used in the development of the well(s).
[3]
Contact information for the operator.
[4]
A copy of the stormwater and E and S approved plan or permit as issued by the Department of Environmental Protection.
[5]
A copy of the well permit issued by the DEP shall be provided during the application process and submitted to the Township at least 10 days before operations begin.
(i)
Preparation of the development area, including construction activities for access roads, repair work and excavation shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.
(j)
Noise. No operation or activity shall cause or create noise in excess of the sound levels prescribed below and found in § 150-60, Observance of performance standards:
[1]
A-1 and RC-1 Zoning Districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA at the property line.
[2]
I-1 Zoning District. At no point on or beyond the boundary of any lot within this district shall the exterior noise level resulting from any use or activity located on the lot exceed a maximum of 80 dBA at the property line as noted in § 150-53B(2)(a)[7] of the Code.
[3]
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the more restrictive noise level standards shall govern.
[5]
In addition to the above regulations, all uses and activities within Washington Township shall conform to all applicable county, state and federal regulations contained herein. If a conflict arises between other lawfully adopted rules or regulations, the more restrictive rules shall govern.
[6]
Washington Township may require the temporary or permanent erection and use of sound barriers.
(k)
Any internal combustion engine or compressor used in connection with the drilling of any well, or for any production or industrial use must suppress noise and disruptive vibrations to comply with § 150-60 of the Code of Washington Township. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
(l)
The operator shall sign the land developer's agreement and open a land development account with Washington Township and provide the minimum initial deposit of $5,000 to the developer's fund from which the Township may draw from/be reimbursed for administrative inspection and engineering fees for review and inspections as published by the Township in its annual resolution to ensure compliance with the Code of Washington Township. Any costs over and above the aforesaid initial amount shall be reimbursed to the Township within 30 days of invoicing by the Township.
(m)
The land development application shall provide a description of plans for the transportation of materials and equipment to construct the facility, and measures that will be taken to maintain all roads within the Township that are used to transport materials and equipment. In addition a preliminary list of dates for the following:
[1]
Anticipated site preparation to start and finish date.
[2]
Anticipated drilling activity beginnings and endings.
[3]
Anticipated completion of perforating work schedule with a start and completion date.
[4]
Anticipated stimulation (fracturing) work to begin and end.
[5]
Anticipated production work schedule.
(n)
Access roads to the well site shall be improved with a dust-free surface to prevent water, sediment or debris from being carried onto any public road.
(o)
If needed, an off-road area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public road.
(p)
Oil and gas development shall be a conditional use in the following:
§ 150-33 Outdoor recreation.
This chapter provides that uses for recreational purposes consist of predominantly outside activities, such as golf courses, softball, tennis, football, outside swimming and hiking, but excluding such commercial activities as miniature golf, driving ranges, etc. The following requirements must be met:
A.
Golf courses not lighted for night play and not including miniature golf courses, putting greens, driving ranges and similar activities operated as a business but including a building for a golf shop, locker room and snack bar as an accessory use to a permitted golf course must allow at least 100 feet from any building to adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course occupying at least 75 acres.
B.
Recreational uses such as tennis courts, in-ground swimming pools and other similar activities operated exclusively for the use of private membership and not for commercial purposes are permitted, provided that such use, structure or accessory use meets all setback requirements.
§ 150-34 (Reserved) [1]
[1]
Editor's Note: Former § 150-34, Travel trailer parks, was repealed 7-5-2011 by Ord. No. 1-11.
§ 150-35 Multiple-family dwellings.
A multiple-family dwelling is defined as a building which houses a group of persons for either a temporary or permanent duration and is not in conformance with the definition of "family"[1] in § 150-9 of this chapter. Examples of such buildings include but are not necessarily limited to the following: boarding- , rooming, tourist and fraternity houses. Due to the fact that such structures are residential in nature and contain a higher concentration of persons residing in a common structure, they shall be allowed as conditional uses within the R-2 District, provided that the following criteria is met:
A.
The building must meet the respective minimum lot size of the R-2 District and the minimum heated living area requirement (720 square feet) for the first four unrelated persons or the first family, if one should exist.
C.
Two off-street parking spaces shall be provided for the first family or first four unrelated individuals and an additional space for every two residents thereafter. Size of space and access shall be in accordance with § 150-24 of this chapter.
E.
If the multiple-family building abuts an R-1 or an adjacent single-family dwelling unit, a buffer area composed of acceptable fence, structure or vegetation is required within five feet of the property line on the side and rear yards, comprised of the following:
(1)
Fences, solid type, neat and properly maintained on both sides, between six and seven feet high, and including basket-weave type, vertical board type, horizontal board type, cyclone type with opaque inserts or stockade type.
(2)
Walls of concrete between six and seven feet in height.
(3)
Walls of evergreen vegetation, such as spruce or pine, no less than three feet in height at planting, and maintained and/or replaced as necessary to provide a continuous and perpetual visibility shield.
§ 150-36 Service stations, automotive repair and retail gasoline outlets.
[Amended 11-8-2006 by Ord. No. 6-06]
All facilities which are otherwise permitted by this chapter and which provide for the storage and sale of vehicle fuel and lubricating oil, and/or which provide for the repair of vehicles, shall be in conformance with the following:
A.
No street entrance or exit for vehicles and no portion of equipment of such service station, auto repair or garage shall be located:
B.
Parts and equipment shall be stored in a building. Any part left outside the building must be stored in the rear of the lot. The rear lot must then be enclosed by a buffer or fence that is comprised of:
(1)
Fences, solid type, neat and properly maintained on both sides, between six and seven feet high and including basket-weave type, vertical board type, horizontal board type, cyclone type with opaque inserts or stockade type.
(2)
Walls of concrete between six and seven feet in height.
(3)
Walls of evergreen vegetation, such as spruce or pine, no less than three feet in height at planting and maintained and/or replaced as necessary to provide a continuous and perpetual visibility shield.
C.
No equipment above the surface of the ground for the service of motor vehicles shall be closer than 30 feet to any property line.
D.
The width of any entrance driveway leading from the public street to the buildings shall not exceed 30 feet at its intersection with the curb line or edge of pavement.
E.
No two driveways leading from a public street to the buildings shall be within 15 feet of each other at their intersection with the curb or street lines.
F.
Parking and vehicle access shall be so arranged that there will be no need for a motorist to back over sidewalks or into the street.
G.
The uses include the selling of gasoline, oil and emergency accessories, convenience stores and car washes.
§ 150-37 Drive-in theaters.
Access shall be to minor roads, where possible, rather than highways, to reduce traffic congestion. Theater screens shall be placed so they are not visible from a highway, or shall be no closer than 200 feet to any residential district, and all lights shall be directed away from the residences.
§ 150-38 Sanitary landfill areas.
A.
Sanitary landfills shall be permitted only in the I-1 Industrial District as a conditional use. Plans for sanitary landfills shall be approved and controlled by the Pennsylvania Department of Environmental Protection (DEP), Bureau of Land Protection and Reclamation, Division of Solid Waste Management, and be in conformance with the Pennsylvania Solid Waste Management Act, Act No. 97 of 1980, as may be amended.[1] Operators of sanitary landfills shall file with the Washington Township Council written proof that they have met all permitting requirements of the DEP.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B.
Local requirements which must be met prior to permit approval by the Township Council include:
(1)
A buffer zone of 200 feet from all public rights-of-way and 400 feet from all dwellings, schools, churches, hospitals and similar residential uses shall be required where landfill operations are not permitted.
(2)
A barrier, either a natural forestry at a width of 100 feet or an eight-foot-high cyclone-type fence with panel weaving or similar solid fencing, shall parallel all public rights-of-way and adjacent properties for purposes of preventing the passing of windblown litter and preventing direct visibility of the working area from public rights-of-way and adjoining properties.
(3)
The barrier shall be at a minimum distance of 75 feet from all operations, and the area between the work area and barrier shall consist of a natural cover of vegetation or forestry. This strip shall not be of barren soil. The barrier shall also be at a minimum of 200 feet from any adjacent properties or public rights-of-way.
(4)
The project shall consist of no more than two access routes, unless the landfill property borders three or more pubic rights-of-way. In such an event, approval by the Township Council will be necessary to secure an additional access route.
(5)
A bond will be filed with the Township Council at an amount deemed necessary by the Council to provide for final covering and reclamation as specified under the provisions set in accordance with the approval of the Pennsylvania Department of Environmental Protection sanitary landfill permit.
(6)
The operator shall submit to the Township Council for approval a plan for the restoration of the landfill area, which shall include anticipated future use of the restored land; the proposed final topography, indicated by contour lines of no greater interval than five feet; steps which will be taken to conserve the topsoil; and the location of future roads, drainage courses and other improvements contemplated. When the operator has performed all requirements contained in the restoration plan, he will be issued a written certificate by the Zoning Officer that the restoration is complete and is in compliance with the plan.
§ 150-39 Restaurants, nightclubs, dance halls, taverns and clubs.
A buffer of 50 feet from any residential district (R-1, R-2, R-3) shall be provided, which shall include adequate screening. Adequate screening shall also be provided adjacent to any existing residential structure within the Commercial District. Adequate screening shall include appropriate measures to prevent illumination from all vehicles or other glares.
§ 150-40 Township-owned structures.
Nothing in this chapter shall prevent Washington Township or its agencies from locating buildings, structures, services or other community facilities in any zoning district, when the installation of such facility is deemed by the Township Council to be in the best interest of the Township for the protection of public health or safety, or for the general welfare of the community.
§ 150-41 Solid waste disposal sites.
The solid waste disposal sites shall be under the same conditions as sanitary landfill areas (see § 150-38).
§ 150-42 Other industrial uses.
General manufacturing, including compounding, processing, packaging, assembling, freight and rail terminals, treatment of industrial products, shall be permitted, provided that it complies with the following:
A.
There shall be no industry-created noise in excess of 50 decibels, as measured at the property line, and no objectionable noises due to extreme frequency, beat frequency, intermittence or shrillness.
B.
There shall be no industry-created ground vibration measurable at any lot line of an industrial unit.
C.
There shall be no industry-created air pollution, including:
(1)
No noxious odors and no noxious, toxic or corrosive gases or fumes.
(2)
No smoke in a density in excess of No. 1 on the Ringelmann Chart. In cases of smoke other than black in color, an approved density scale equivalent to the Ringelmann Chart shall be used.
(3)
No dust or other particulate matter emitted in excess of 0.85 pounds per 1,000 pounds of gases adjusted to 12% carbon dioxide.
(4)
There shall be no industry-created glare or heat.
(5)
There shall be no surface or subsurface discharge or disposal of any wastes, either liquid or solid, by any industrial unit by any process or in any form without prior approval of the Township Council.
(6)
There shall be no unusual fire or explosion hazards. Based on the National Board of fire insurance rates which classifies industrial units, the following shall apply:
(a)
No special controls on a manufacturing unit determined to the Class I or other than under Subsection C(6)(c) below.
(b)
Class II and III manufacturing units shall be contained in a building designed and constructed in accordance with its class and according to provisions of the Building Code published by the Building Officials and Code Administrators, International (BOCA), 1313 East 60th Street, Chicago, Illinois 60637.
(c)
Machinery or equipment shall be treated as necessary to eliminate hazards.
(7)
Uses which are customarily incidental and accessory to the principal use shall be permitted, including but not limited to dwelling quarters for watchmen and caretakers employed on the premises recreation areas and facilities for persons employed by industries within the same district boundaries, restaurants, warehouses and commercial uses that are permitted in the C-1 Commercial District.
(8)
Miscellaneous prohibitions:
(a)
Any interference with any other process, equipment, appliance or devices and any mechanical, electrical or other equipment which could create such interference shall have any necessary shielding or other protection.
(b)
In any industrial unit or accessory, all operations and storage, other than for passenger vehicles of visitors and employees, trucks and over the road vehicles, shall be within an entirely enclosed building or structure. Outside storage of bulk or large raw materials which are fireproof will be permitted if enclosed by a fence, planting or barrier equal in height to the stored material.
D.
If any process or industrial application indicated below is anticipated, complete plans of the proposed process and facilities shall be submitted to the Township Council for its review. Such plans will contain a statement of approval from an impartial, qualified expert in the specialized field in question; such a statement shall be obtained by and at the expense of the industry. Uses requiring Township Council review and approval include:
(1)
Production of radioactive material or radioactive waste.
(2)
Storage of materials stored in open or in non-fire-resistant buildings, including but not limited to contractor's equipment, building material, scrap metal, coal, paper and lumber.
(3)
Extraction, preparation or processing of dust-producing mineral products, including but not limited to abrasives, fertilizer, lime, plaster, cement, crushed stone, stone cutting, mining or processing sand, gravel, topsoil, stone and coal.
(4)
Production of corrosive and noxious chemicals, including but not limited to acetylene gas, acids, chlorine and bleaching compounds.
(5)
Operation of distillery, food canning plant, brewery, soap manufacturer, tannery, glue manufacturer, paper manufacturer, paint and varnish manufacturer, creosote and creosote products manufacturer, textile sizing, wool securing and cleaning, bleaching, dying and similar operations.
(6)
Production, processing or storage of coal, coal tar, petroleum and asphalt products, including but not limited to coke manufacturing, bulk gasoline and petroleum products storage, linoleum manufacture, oil cloth manufacture, roofing material and gas production.
(7)
Manufacture and storage of explosive products, including but not limited to dynamite and commercial explosives, fireworks, military explosives and TNT.
(8)
Smelting and reduction of metallic ores, including but not limited to open hearth and electric furnaces, Bessemer converter, nonferrous metal smelter and blast furnace.
(9)
Use of hammer mills, ball mills, rolling mills or drop forges in any industrial process and the testing or operation of engines.
§ 150-43 Community residential facilities.
Community residential facilities are considered residential uses and are permitted in the R-2 District as a conditional use with the following controlling conditions:
A.
A community residential facility (CRF) is a facility providing residence and specialized services for eight or fewer developmentally disabled, mentally retarded, mentally ill, physically handicapped, elderly persons or dependent children referred by the appropriate Erie County or state agency responsible for placement, and qualified staff who provide twenty-four-hour care, supervision and services for such residents. Such facilities are commonly known as "group homes," "nursing homes" and "foster homes."
B.
In order to qualify for assignment to a community residential facility, mentally ill persons shall be certified by the Erie County Mental Health and Retardation Authorities as capable of residing in such a facility and receiving services from a local community mental health program. No persons receiving treatment under Article III, Involuntary Examination and Treatment, or Article IV, Determinations Affecting Those Charged With Crime, or under Sentence (but not including those serving probation) of the Mental Health Procedures Act of July 9, 1976, as amended,[1] shall be eligible for such facility.
[1]
Editor's Note: See 50 P.S. § 7101 et seq.
C.
All provisions of the R-2 District shall be complied with concerning community residential facilities, including but not limited to family size, setback restrictions and minimum lot size.
D.
No community residential facility shall be located within 2,000 feet of any other such facility, nor within 1,000 feet of any existing drugstore, alcohol sales store or drinking establishment.
E.
Each community residential facility shall register its exact location, capacity and agent with the Township. The agent shall be responsible for maintaining the facility to ensure that it is compatible in appearance and condition to the other private residences in the area.
§ 150-44 Apartment buildings, condominiums and townhouses.
[Amended 7-2-2002 by Ord. No. 3-02; 7-5-2011 by Ord. No. 1-11]
These multifamily structures are allowed as a conditional use in the R-2 Zoning District, and as a conditional use in the CD-1 Overlay Zoning District for the A-1, R-2, and RC-1 Zoning District uses. In addition, adequate infrastructure (sewer and water) must be available. The proposed multifamily development must adhere to the conditions for development as set forth in §§ 150-22 and 150-44 herein.
§ 150-44.1 (Reserved) [1]
[1]
Editor’s Note: Former § 150-44.1, Apartments in the B-1 District, was repealed 6-16-2015 by Ord. No. 2-15.
§ 150-45 Apartment conversion.
A dwelling within an R-2 District existing at the time this chapter becomes effective may be converted into no more than three dwelling units, provided that the following requirements are met:
A.
All district requirements (§ 150-22) shall be met, as well as any other pertinent supplementary regulations of this chapter.
B.
No structural alteration of the building exterior shall be made except as may be necessary for health and safety purposes.
C.
Any fire escape shall be enclosed and shall not be on any wall facing a street and shall meet Labor and Industry standards.
§ 150-46 Airports.
All airports must meet all state and federal regulations and permit requirements, and the Planning Commission and Township Council reserve the right to determine that adequate safeguards, not covered by state and federal regulations, are provided for the protection of the health, safety and welfare of the Township residents.
§ 150-47 Disposal and injection wells.
A.
All property owners who wish to locate a disposal or injection well on their property must apply for a permit from Washington Township prior to disposing and injecting any material into such a well.
B.
Applications for the location of a disposal or injection well shall be on a form provided by the Zoning Officer of Washington Township, and the following will be submitted with the application:
(1)
All local, state and federal permits which are required, including but not limited to permits by the Environmental Protection Agency and Department of Environmental Protection.
(2)
A certificate from an insurance company acceptable to the Township which states that the property owner has pollution liability coverage with a minimum of $10,000,000, said liability to specifically cover contamination of all underground sources of drinking water.
(3)
A fee shall be established annually to cover the administration, legal and engineering review, by resolution of the Council.
(4)
A plot plan showing the location of the proposed well site. The site must have a minimum setback from all property lines, including road rights-of-way, of 800 feet.
C.
Upon the issuance of a permit, the property owner agrees as follows:
(1)
To comply with all of the regulations set forth in the permits acquired by said owner.
(2)
That the property owner will file monthly reports with Washington Township setting forth the number of gallons disposed and/or injected into the well.
(3)
That the property owner will pay Washington Township a sum to be determined annually by resolution of the Council for each gallon disposed and/or injected in said well. The payments shall be made each month at the time of the submission of the monthly gallonage report and shall cover the administration, inspection and engineering costs of the Township.
(4)
That the property owner will maintain the site so that all access roads and the injection areas are free from all spillage or overrun.
D.
The violation of any of the regulations set forth in any local, state, federal or Washington Township permits will be treated as a violation of this chapter, and the enforcement provisions of this chapter will apply.
§ 150-48 Bed-and-breakfast inns.
B.
Short-term overnight lodging is permitted with the maximum guest stay not to exceed 14 days.
[Amended 2-7-2006 by Ord. No. 5-05]
C.
There shall be a maximum of six guest rooms per structure with one of the rooms being owner-occupied.
[Amended 2-7-2006 by Ord. No. 5-05]
D.
Breakfast and other meals may be served to overnight lodgers and the inn shall not be open to the general public for the purpose of serving meals.
[Amended 2-7-2006 by Ord. No. 5-05]
E.
Parking is to be provided as follows: One off-street parking space for each guest room and two parking spaces for the owner-occupied area/structure.
[Amended 2-7-2006 by Ord. No. 5-05]
F.
The inn must comply with the requirements of the Erie County Department of Health for sewage capacity and function of the septic system and the Uniform Construction Code for ingress and egress accessibility and have a working smoke detector in each room.
[Amended 2-7-2006 by Ord. No. 5-05]
G.
One sign shall be permitted. The criteria for approval shall be as set forth in § 150-26G for home occupations.
[Amended 2-7-2006 by Ord. No. 5-05]
H.
The remainder of the dwelling in which a bed-and-breakfast facility is located shall be used solely by the family in permanent residence. Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.
§ 150-49 Heavy equipment storage facilities.
B.
Outside storage of equipment shall be limited to four pieces of equipment per acre used on owned or leased premises.
C.
All performance standards set forth in this chapter shall be met.
D.
There shall only be allowed one inoperable, unlicensed or junk piece of equipment stored outside of structures, or the facility must meet the provisions of Chapter 76, Junkyards and Junk Dealers.
E.
One sign shall be permitted. The maximum size shall be 12 square feet and the minimum setback from the street right-of-way shall be 10 feet. The sign shall not be closer than 50 feet to any road intersection and must not impede the vision of motorists entering any access to the main road. These size standards shall be the maximum, and dimensions smaller in size shall be permitted.
F.
There shall be no commercial sales of fuel or retail goods without approval of the Washington Township Council.
G.
Repairs and maintenance shall be limited to only owned or leased vehicles.
H.
Annually, the owner shall report to the Township a complete list of owned and leased vehicles which are parked or stored on the premises.
§ 150-50 Tractor-trailer storage units and temporary moveable storage units.
[Amended 12-28-2004; 2-7-2006 by Ord. No. 5-05]
A.
Tractor-trailer storage units and temporary moveable storage units shall be a permitted use in the A-1, C-1 and I-1 Zoning Districts, but may only be placed on lots meeting the minimum size of 43,560 square feet or one acre.
B.
All tractor-trailer storage units and temporary moveable storage units must meet all setback restrictions of the zoning district.
C.
If any tractor-trailer storage unit abuts a residential district or use, a buffer area composed of acceptable fence, structure or vegetation is required to shield the unit on the side and rear yards.
D.
Tractor-trailer storage units shall only be permitted for six-month periods in the C-1 and I-1 Districts. There is no restriction of time for tractor-trailer storage units in the A-1 District or for temporary movable storage units in either the A-1, C-1, or I-1 Districts.
E.
Tractor-trailer storage units and temporary moveable storage units shall not be used as sign boards or used to display any form of advertising except vendor identification, and contact information shall be on the outside of each unit.
F.
Units shall be maintained in a clean, neat and orderly condition so as not to constitute a hazard to public health, safety and welfare.
G.
A zoning permit shall be required for placement of any tractor-trailer storage units and temporary movable storage units in any permitted zoning district, with the fee set by the Washington Township Council at the annual reorganization meeting.
H.
There shall not be more than two units on any one parcel of property in any district.
§ 150-51 Campgrounds.
A.
Permits.
(1)
It shall be unlawful for any person to construct or maintain a campground within Washington Township without first having secured a permit from the Township.
(2)
Application for such permit shall be provided by the Township Zoning Officer upon request. Following the approval of the Township Council, a permit shall be issued by the Zoning Officer.
(3)
The campground permit fee shall be determined annually by resolution of the Council.
(4)
The permit shall be valid only for the campground for which the application is made.
(5)
The permit may be transferred, provided that the campground is in compliance with all provisions of this chapter and upon the payment of a transfer fee, as determined annually by the Council.
(6)
In the event that the issuance of a permit is authorized by the Township Council for the establishment of a campground in accordance with the provisions of this chapter, or in the case of a presently existing campground, no change or alteration shall be made unless application therefor shall be made to the Township Council, as in the case of the original establishment of a campground and a permit is thereupon authorized to be granted for such change or alteration by resolution of the Township Council.
(7)
The Township may revoke, suspend or refuse to renew a permit at such time as there is evidence of noncompliance with this chapter.
B.
Plan.
(1)
Application for a campground permit shall be accompanied by a plan for the proposed development. Such plan shall include the location of all streets and roads, campsites, utility services, buildings, recreation areas and other facilities. The plan shall be drawn at appropriate scale to provide ease of review, but at no less than one inch equals 100 feet.
(2)
The plan shall show property lines of adjacent properties, together with the land use of such adjacent properties.
C.
Standards.
(1)
Campsites shall be 20 feet from all property lines.
[Amended 7-5-2011 by Ord. No. 1-11]
(2)
Campsites. Individual campsites shall contain a minimum of 1,500 square feet with a minimum width of 25 feet. Each campsite shall provide a clear, level, well-drained pad for accommodating the trailer, camper or tent.
(3)
Parking. Parking shall be provided on each campsite. Campsite parking shall provide a clean, level, well-drained area of dimensions no less than 10 feet by 20 feet. On-street is parking prohibited.
[Amended 7-5-2011 by Ord. No. 1-11]
(4)
Streets and roads. Each campsite parking shall front upon an approved private street or road.
[Amended 7-5-2011 by Ord. No. 1-11]
(5)
The minimum campground area shall be two acres.
[Amended 7-5-2011 by Ord. No. 1-11]
(6)
The minimum mean campground width shall be 200 feet.
[Amended 7-5-2011 by Ord. No. 1-11]
D.
Compliance with other regulations.
(1)
All campgrounds shall comply with the Rules and Regulations of the Commonwealth of Pennsylvania Department of Health, as set forth in Article 413, Chapter 4, Regulations for Control of Sanitation in Organized Camps and Campgrounds, adopted April 15, 1968.
(2)
Violation of the above shall constitute violation of this chapter, and such violator shall be subject to penalties described herein.
E.
Additional requirements. In addition to compliance with the standards set forth in this chapter, the Township Council may make additional requirements as deemed necessary to protect the health, safety, morals and general welfare of the public. Such additional requirements shall be included in the plan for the campground and shall be complied with prior to issuance or renewal of a permit.
F.
[1]Inspections. The Township Engineer or duly authorized Zoning Officer of the Township shall make a thorough inspection monthly of all campgrounds located within Washington Township. He shall thereupon make a report to the Township Council at its next meeting on the health and sanitary conditions found in each campground.
G.
Office. Each campground shall have an office in which shall be kept copies of all records pertaining to the management and supervision of the campground. Such records shall be available for inspection by the authorized officers of the Township. The permit from the Township shall be on display in a conspicuous place on the premises at all times.
§ 150-52 Continuing care retirement communities (CCRC) and age-restricted residential communities (ARRC).
[Added 5-6-2008 by Ord. No. 2-08]
A.
Purpose. The purpose of this section is to help protect and promote the safety, health and general welfare of the citizens of the Township; to assist in accomplishing a coordinated development of age-restricted housing developments in the appropriate zoning districts. A sketch plan overlay specifically outlined in § 119-10.2 shall be submitted for all age restricted housing developments.
B.
Buildings.
(1)
All housing shall be designed with regard to the topography and natural features of the site.
(2)
The approximate location and arrangement of buildings and open space must be displayed on a sketch plan overlay so the intensity of land use is shown and the public interest is served by protecting neighboring land uses.
(3)
Variation of conventional housing practices such as building setbacks for side yards of zero lot lines for semidetached structures and minimum distances between buildings may be approved by the Township in order to produce a more attractive and interesting arrangement of buildings.
(4)
Townhouses shall be arranged in groups or clusters.
(5)
Density and dwelling unit composition. Single-family houses, semidetached houses and townhouses may be arranged so as to provide for individual lots for each unit or may be arranged as rental units or condominiums. Apartments, where permitted, shall be constructed as rental units or condominiums. Apartments and other multiunit structures shall be served by public sewage and water or approved community system.
(6)
The acreage set aside for common open space, irrespective of the right-of-way of streets, shall follow the landscape standards of § 119-26C(2) of the Code of Washington Township.
(7)
Commercial uses serving (CCRC only) residential housing in the C-1 Zoning District must follow the standards of the C-1 permitted uses and must be primarily associated with servicing the residential development upon which tract it is located.
(8)
A minimum of 10% shall be set aside for open space and common areas in all (CCRC) continuing care retirement communities and (ARRC) age-restricted retirement communities within Washington Township.
(9)
All structures within an age-restricted retirement community should have either a one- or two-car attached garage and/or adequate parking in accordance with § 150-24.
(10)
The minimum requirements shall follow the standards in the R-3 Zoning District denoted as other uses found in § 150-22.1E of the Code of Washington Township when the proposed development includes the following:
(a)
A planned adult community center for active adult citizens keeping within the residential character of the Township. The center shall be for the exclusive use of residents of the community or their guests. The community center shall be constructed in the first phase of any CCRC or ARRC community within Washington Township.
(b)
A minimum of 2,000 square feet shall be provided that may include facilities for kitchen, dining or banquet uses, common gathering areas and meeting rooms, recreation, physical therapy, medical/educational center or exercise facilities with locker rooms, administrative/management offices, satellite health-care facility, retail coffee/retail sales accessory uses.
(c)
Zero lot line for duplex units, quad and multiple-family units may be planned within the standards of the R-3 zoning densities, encouraging the facility to be compactly built within an integrated community or village, connected with a continuous walking system throughout the site. The sidewalk or pathway system shall be at least four feet in width.
(d)
The side yard setback distance in the R-3 Zoning District shall be amended from 10 feet to seven feet for all uses. Continuing care retirement communities and age-restricted retirement community developments shall follow the density standards of the R-3 Zoning District found in § 150-22, Charts, of the Code of Washington Township.
C.
Density.
(1)
The maximum permitted average gross density for single-family dwellings over the entire development shall be a ratio of five dwelling units per acre.
(2)
Apartments planned in any age-restricted community shall not exceed a ratio of 16 dwelling units per acre and three stories in height.
(3)
No less than 10% of the total tract shall be designated as common open space for passive recreation, as found in § 119-26 of the Code.
(4)
A community association document must be presented for all common open space owned by the residents in the development.
(5)
The minimum tract upon which an adult community development may be located is two acres.
§ 150-53 Light Industrial Park District.
[Added 7-1-1997 by Ord. No. 2-97]
A.
Purpose. The Light Industrial Park District is created as an area to be developed exclusively for industrial activity, but with more restrictions than an industrial designation. This district encourages the use of industrial park development. Such development treats a 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 advantage in attracting industry. All requirements in this chapter shall govern for the Light Industrial Park designation, except where specific exceptions or additions are provided. The intent and purpose of Washington Township in creating this designation is as follows:
(1)
To encourage the establishment of industries which are compatible with one another.
(2)
To establish standards for the height and size of buildings, the areas and dimensions of yards and open spaces.
(3)
To provide development and operational standards for yards, structures and equipment that will minimize traffic congestion, noise, glare, air pollution, fire and safety hazards and ensure adequate drainage.
(4)
To provide standards for off-street automobile parking and storage and loading facilities adequate in area, design, arrangements and development to properly serve the users for which such facilities are intended and sufficient to preclude the need for on-street parking or storage of automobiles and trucks.
(5)
To provide standards for the location and illumination of signs and advertising devices so as to minimize glare and distraction to motorists and neighboring residential districts.
(6)
To prohibit commercial uses, except as such uses are purely accessory and incidental to the industrial uses they are intended to serve.
(7)
To prohibit industrial uses which, because of potential emission of dust, ash, smoke, noise, fumes, gas, odors or vibrations, are or may be inconsistent with the intent and purposes of this section.
(8)
To establish standards for environmental development, including landscaping and requirement of open areas that will tend to result in healthful and productive working conditions.
(9)
To prohibit residences or any structures intended for living purposes.
B.
Permitted uses.
(1)
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)
No use shall be permitted in the Light Industrial Park which shall have noise levels, sustained or periodic, of 60 decibels (dBA) or greater or unsustained nonperiodic noise levels of 80 decibels (dBA) or greater as measured at any property line and residential district line.
(a)
Principal use. Principal uses shall be as follows:
[1]
Wholesale warehousing and storage.
[2]
Highway freight, transportation and warehousing.
[3]
Transportation terminals.
[4]
Distributing plants, beverages, bottling and/or distribution.
[5]
The manufacturing, compounding, processing/packaging, treatment and distribution of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food and kindred products.
[6]
Laboratories devoted to research, design, experimentation, processing and fabrication incidental thereto.
[7]
Utility operations (electric and gas company operations, sewer and water authorities).
[8]
Radio and television facilities and operations, telephone exchange and transformer stations.
[9]
Carpenter, electrical, plumbing, welding, heating or sheet metal shop, furniture upholstering shop, laundry and clothes-cleaning establishments, printing shop or publishing plant.
[10]
Building material supplies, but not including stone crushing plant or concrete mixing plant.
[11]
Assembly, manufacturing, compounding, processing, packaging or treatment uses or processes which produce or emit dust, smoke or toxic or noxious odors, gases, fumes and noise levels which are in conformance with the Pennsylvania Department of Environmental Protection standards.
[12]
Office buildings and buildings used for research and development (R&D) facilities.
[13]
Essential services and utilities substations.
C.
Accessory uses. The following special uses shall be permitted in a Light Industrial Park District, provided that the buildings and accessory buildings and uses comply with off-street parking requirements (see Subsection I):
(1)
Cafeterias or restaurants specifically designed and intended for use by those employees and management of permitted uses in the Light Industrial Park.
(2)
Indoor recreational facilities, auditoriums, meeting rooms or other buildings primarily intended for the mutual use of the permitted uses located within the district for meetings, programs, displays, recreation and other such uses as the users of the district may deem necessary. These facilities shall be prohibited for use by organizations, clubs and fraternities not specifically a part of the users of the district.
(3)
Outdoor recreational facilities designed and intended for use by employees and management of those permitted uses within the district. These facilities and associated uses shall comply with all requirements of this section in respect to front yard, side yard and rear yard clearances. These facilities, if lighted, must be shielded away from any thoroughfares and residential districts.
(4)
All heliports shall be licensed by the Pennsylvania Department of Transportation, Bureau of Aviation, and shall meet minimum requirements specified by the Federal Aviation Administration or other governing agency.
D.
Prohibited uses. All those uses not specifically stated as permitted uses in a Light Industrial Park District are prohibited.
E.
Minimum lot area and lot width. All buildings or structures permitted in the Light Industrial Park District shall be located on a lot having a minimum area of 87,120 square feet (two acres) and a minimum frontage on a public thoroughfare of 200 feet. Lots fronting a cul-de-sac shall provide the 200 feet of frontage at the required building line. Land areas dedicated to essential services and utility substations shall be excluded from this requirement.
F.
Yard requirements.
(1)
Front yards. There shall be a front yard of not less than 75 feet, measured from the edge of the street right-of-way. Such yards shall be appropriately landscaped and maintained as per Subsection M(4) of this section.
[Amended 10-3-2000 by Ord. No. 14-00]
(2)
Side yards. Each side yard shall have a width of not less than 25 feet. Such yards shall be appropriately landscaped and maintained as per Subsection M(4) of this section. For lots abutting any residential district, there shall be a side yard clearance for the side abutting the residential district of not less than 50 feet. The 50 feet abutting the residential district shall be appropriately landscaped and maintained as per Subsection M(4) of this section. Such space shall remain open and unoccupied by any principal or accessory building or use.
(3)
Rear yards. There shall be a rear yard of not less than 25 feet. Such yards shall be appropriately landscaped and maintained as per Subsection M(4) of this section. For those lots with a rear lot line abutting any residential district, there shall be a rear yard of not less than 50 feet. The 50 feet abutting the residential district shall be appropriately landscaped and maintained as per Subsection M(4) of this section. Such space shall remain open and unoccupied by any principal or accessory building or use.
G.
Building height limits.
(1)
Except as provided in Subsection G(2) below, no building or structure shall exceed a height of 50 feet.
(2)
Other structures. Chimneys, water tanks, communications towers and antennas, ventilators and other similar structures, whether or not accessory to a building or appurtenant thereto, may be erected to a height exceeding 50 feet, provided that they are in compliance with the applicable federal regulations relative to objects affecting navigable air space.
H.
Percentage of lot coverage. Not more than 80% of the lot area shall be covered by any main and accessory building and by any parking areas.
I.
Off-street parking. Space for off-street parking of employees, customers and visitors shall be required in the following manner and in accordance with other sections of this chapter governing off-street parking. There shall be no on-street parking permitted in a Light Industrial Park under this zoning classification.
(1)
Off-street parking space shall be interpreted to be an accessory use and shall conform to all requirements as to side yard and rear yard clearances, and shall provide one parking space for every 800 square feet of floor area.
(2)
All parking spaces provided in the district shall be located on the same property with the permitted use it is intended to serve and conform to the landscaping requirements described in Subsection M(4) of this section.
(3)
Sufficient parking spaces for employees, customers and visitors shall be provided. Visitor-only parking shall be permitted to the front of the building, and in all cases there shall be at least 25 feet from the front line of the parking lot to the street right-of-way. Parking to the front of the building shall not exceed 10% of all the required spaces, except for lots along "main thoroughfares," where this restriction shall not apply. All parking shall conform to Subsection F, Yard requirements, of this section.
(4)
Space shall be provided for the parking of freight and delivery trucks during any time in which the off-street loading facilities prescribed in this chapter are insufficient to handle all such trucks waiting to use said facilities.
(5)
All off-street parking areas shall be graded to drain to a storm sewer, wherever available. Where storm sewers are not available, the owner shall provide other feasible means of draining the lot, subject to the approval of the Township Engineer.
J.
Off-street loading/unloading and storage. Space for off-street loading/unloading and storage shall be required in the following manner and in accordance with other sections of this chapter governing loading requirements.
(1)
Off-street loading/unloading and storage space shall herein be interpreted to be an accessory use and shall conform to all requirements as to front, side and rear yard clearances as specified in this chapter.
(2)
All loading/unloading and storage space shall be located on the same property with the permitted use it is intended to serve.
(3)
All open areas used for storage of any type shall be enclosed by a solid wall or fence. All such solid walls or fences shall be a minimum of seven feet and a maximum of 15 feet in height, and in no case shall storage of materials be permitted to exceed the height of the fence. Storage shall be limited to materials in accordance with the standards of the Pennsylvania Department of Environmental Protection and State Fire Marshal regulations.
(4)
In no case shall storage spaces or loading/unloading facilities be permitted in front of any main building.
(5)
All loading/unloading facilities shall be located a minimum of 100 feet from any residential district boundary if operated between the hours of 6:00 p.m. and 7:00 a.m.
(6)
Sufficient area shall be provided for loading/unloading and storage of motor vehicles used in the conduct of the business or industrial activity.
(7)
All off-street loading/unloading and storage areas shall be graded to a storm sewer, wherever available. Where storm sewers are not available, the owner shall provide other feasible means of draining the area, subject to the approval of the Township Engineer.
K.
Signs and lighting requirements.
(1)
Signs.
(a)
Only identification signs identifying the name and business of the persons or firms occupying the premises and directional signs necessary for proper automobile and truck delivery traffic shall be permitted. Advertising signs, billboards or other signs are prohibited. No freestanding sign shall be larger than 40 square feet. No sign mounted flush to the wall shall be larger than 100 square feet. Identification signs shall generally be placed upon the outside walls of the buildings, but shall not extend above the line of the roof meeting the wall. However, identification signs may be placed in the front yard setback area when they are constructed and designed to be a part of the landscaping element. All other signs in the front yard setback area, signs painted on exterior faces of buildings or roofs or fences and flashing or moving signs are prohibited. Signs shall not be placed or externally illuminated in a manner which casts glare or is otherwise detrimental to neighboring occupants or to the safe movement of traffic.
(b)
No sign shall be located within 50 feet of any intersection unless affixed to a building and not extending more than three feet beyond the same.
(c)
No sign shall be erected or maintained in any yard which will in any way obstruct a view of any street intersection or otherwise create a traffic hazard.
(d)
Sign permits shall be required for any external freestanding sign.
(2)
Glare and light standards. Lighting, including spotlights, floodlights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas and the like shall be focused, directed and so arranged as to prevent glare or direct illumination on streets adjoining property lines, or any residential or agricultural district lines, unless required to illuminate a hazard.
L.
Streets. All streets in any Light Industrial Park District must be public streets and shall meet the following standards:
[Amended 12-2-1997 by Ord. No. 8-97]
(1)
Street design and construction, unless otherwise specified in this chapter, shall conform to the current edition of PennDOT Publications 70, "Guidelines for the Design of Local Roads and Streets," and 408, "Specifications."
M.
Supplemental conditions.
(1)
Vibration standards. Permitted uses shall not be permitted to provide vibration in excess of these standards.
(a)
Requirements. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible without instruments.
(b)
Method of measurement. Any vibration recurrently generated that is perceptible to the normal senses, without instruments, is prohibited.
(c)
Locational requirements. Vibration shall be determined along the property line of the property on which the use is located.
(2)
Storm drainage standards.
(a)
Storm drainage facilities in streets shall be designed to accommodate a twenty-five-year storm. No stormwater pipes smaller than 15 feet in diameter shall be permitted.
(b)
For lots greater in size than 2.5 acres, the stormwater discharge rate after development for storm frequencies of five, 10 and 25 years shall not exceed predevelopment discharge rates.
(3)
Solid waste and refuse standards. The disposal of solid waste and refuse must be in conformance with the requirements of the Pennsylvania Department of Environmental Protection.
(4)
Landscaping requirements. The following standards shall be adhered to:
(a)
The landscaping requirements described in Subsection F of this section shall be located on the street side of all walls, barriers, fences and other screening.
(b)
All areas not paved shall be screened by landscaping from public view with shrubs or trees and be properly sodded or seeded. All earthen areas shall be protected from erosion.
(c)
Landscaped yard areas may include the use of flagpoles, screens, terraces, fountains, pools and other water arrangements, and various types of trees and shrubs. All trees, plants and shrubs shall be varieties that are adaptable to the local soil and climate condition and which blend with existing natural growth, and shall be compatible with adjacent landscaped areas.
[1]
One street tree (maple, oak, honey locust, etc.) shall be in place or planted for each 50 feet of property abutting a public right-of-way. Trees shall be in place or planted adjacent to or outside of the road right-of-way.
[2]
One small flowering tree (dogwood, crabapple, hawthorn, etc.) or tall deciduous tree (maple, oak, honey locust, etc.) shall be in place or planted for each 100 feet of building perimeter. These trees shall be located in the landscaped areas of the site.
[3]
One small flowering or tall deciduous tree shall be in place or planted for each 12 parking spaces. These trees shall be planted adjacent to the parking area.
[4]
The use of shrubs, additional trees (evergreens, deciduous and small flowering), annuals, perennial, spring-flowering bulbs, and ground covers shall be at the owner's option.
[5]
Minimum size of plants which shall be counted in meeting the requirements of Subsections M(4)(c)[1], [2] and [3] are as follows:
[6]
The owner is encouraged to keep as many of the existing trees on the site as possible.
[7]
The owner may elect to treat portions of the site as natural landscaping by encouraging the growth of native plants. Plants which can become a nuisance (Japanese honeysuckle, multiflora rose, autumn olive, etc.) shall not be planted or maintained on the site unless as part of a designated wetlands.
(d)
All landscaped areas shall be perpetually maintained and in good condition at all times.
(5)
Utility standards.
(a)
Electrical and telephone service will be brought into the park underground, and into the individual sites and to the buildings from the nearest available source. The purchaser or lessee will be responsible for the cost of such underground service. Pad-mounted electrical transformers or pad-mounted accessories shall be located and screened so as to prevent viewing from any public street or adjacent property.
(b)
Any Light Industrial Park District developer shall provide an adequate water supply for both industrial use and fire protection.
(6)
Fire protection standards.
(a)
Direct and unobstructed access to the perimeter of all buildings shall be provided for emergency vehicles as follows:
(b)
Any street or driveway shall be considered an access point if located not more than 50 feet from the building served.
(c)
All means of access must be designated to sustain the width of emergency vehicles and shall be not less than 18 feet in width.
(d)
No structure shall be more than 1,000 feet from a fire hydrant, dry hydrant or adequate water facility.
(e)
All uses must conform to Labor and Industry standards.
(7)
Erosion and sedimentation control. Prior to any earthmoving activities, the developer shall prepare an erosion and sedimentation control plan which shall be reviewed and found adequate by the Erie County Conservation District.
§ 150-54 Adult entertainment uses.
[Added 4-6-1999 by Ord. No. 3-99]
A.
Conditional use. Adult entertainment uses, as defined in § 150-9, are permitted as a conditional use in the C-1 Commercial District in Washington Township.
C.
Objectives.
(1)
Because adult entertainment uses tend to bring with them secondary concerns that impact on the health, safety and general welfare concerns of Washington Township, the Township desires to restrict or limit the location where such uses can locate.
(2)
The Township does not intend to effect or suppress any activities protected by the First Amendment of the United States Constitution, but instead address these secondary effects; neither is it the intent nor effect of these provisions to condone or legitimize the distribution of obscene material.
(3)
Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Northend Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978), and on studies in other communities, including but not limited to Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas; and also on findings found in the Report of Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the Council finds that:
(a)
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may go uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(b)
Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of sexually oriented behavior at these businesses than employees of other establishments.
(c)
Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows, as defined under this chapter as adult bookstores, adult novelty shops, adult video stores, adult motion-picture theaters or adult arcades.
(d)
Offering and providing such space encourages such activities, which create unhealthy conditions.
(e)
Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
(f)
At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, Non B amebiasis, salmonella infections and shigella infections.
(g)
Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982; 2,200 in 1983; 4,600 in 1984; 8,555 in 1985; and 253,448 through December 31, 1992.
(h)
As of May 1, 1995, there have been 13,559 reported cases of AIDS in the Commonwealth of Pennsylvania.
(i)
Since 1981 and to the present, there has been an increasing cumulative number of persons testing positive for the HIV antibody test in Erie County, Pennsylvania.
(j)
The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990.
(k)
The number of cases of gonorrhea in the United States reported annually remains at a high level, with over 1/2 million cases being reported in 1990.
(l)
The Surgeon General of the United States, in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn.
(m)
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual act.
(n)
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(o)
Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.
(4)
The purpose of these conditional use provisions is to minimize, where conditions permit, the secondary concerns which include difficulties for law enforcement, municipal maintenance, trash, deleterious effects on business and residential property values, increased crime, particularly corruption of the morals of minors and prostitution, and the encouragement of residents and businesses to move elsewhere.
D.
Yard and area regulations.
(1)
In addition to the yard and area regulations applicable to all uses permitted pursuant to the provisions of Articles III and IV, no adult entertainment use shall be located:
(a)
Within 1,000 feet of the nearest property line of a parcel containing:
[1]
A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
[2]
A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; "school" includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school;
[3]
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania;
[4]
A bottle club;
[5]
Any other adult entertainment use; or
(b)
Within 350 feet of:
[1]
A boundary of a residential district, as defined in this chapter, as amended; or a boundary of a residential district of any adjoining municipality, as defined in that municipality's zoning ordinance;
[2]
The nearest property line of a parcel containing any residence not located within a residential district; provided, however, that a person can comply with this Subsection D(1)(b)[2] by presenting an affidavit from all the residents of such residence or, if none of the residents is the owner of the residence, an affidavit from all the owners and all the residents of such residence, stating that such residents and/or owners consent to the specific adult entertainment use being proposed or operated; or
(c)
Within 1,000 feet of the nearest property line of a parcel containing:
[1]
A public park or recreational area which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian bicycle paths, wilderness areas or other similar public land within the Township which is under the control, operation or management of the Township park and recreation authorities, or other similar land within the Township which is under the control, operation or management of private parties and open and available for use by the general public.
[2]
An entertainment business which is oriented primarily toward children and family entertainment.
(2)
For the purpose of this Subsection D, Yard and area regulations, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in this Subsection D, Yard and area regulations. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Subsection D.
E.
Screening and buffering. Any lot which is to be used for any adult entertainment use shall contain screening and buffering along property lines adjoining other zoning districts or any residence.
F.
Data. Sufficient additional data shall be submitted to enable the Planning Commission and the Council to determine that the requirements of this section and other ordinances of the Township relevant to the proposed use have been fulfilled, and that the owners and operators of proposed adult entertainment facilities demonstrate a desire and ability to comply with the ordinances of the Township and to prevent their establishments from being used for any illegal activities.
G.
License. Any person proposing an adult entertainment use shall comply with all licensing requirements adopted by the Township heretofore or in the future.
§ 150-54.1 Glare and lighting standards.
[Added 1-4-2000 by Ord. No. 6-99]
The following standards shall apply in all districts for the regulation of glare and lighting:
A.
Lighting, including, but not limited to, spot lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas and the like, and lighting for security, recreational, construction or aesthetic purposes shall be focused, directed and so arranged as to prevent glare or direct illumination skyward, on streets, adjoining property lines or any residential or agricultural district lines unless required to illuminate a hazard.
B.
Illumination shall not exceed two footcandles at all property lines.