West Caln Township City Zoning Code
ARTICLE XI
Supplemental Use Regulations
§ 350-1100 Purpose.
This article establishes supplemental regulations for certain uses that require special design considerations due to their nature. The supplemental regulations serve to regulate impacts of these uses and achieve compatibility with general character of the Township and other permitted uses. These regulations shall apply to all zoning districts in which the particular use being regulated is permitted. It is the intent of the Township that where these particular uses are permitted they comply strictly with the standards in this article that have been created to address their particular impacts and characteristics. The provisions of this article shall be in addition to applicable zoning district regulations, and any applicable sections of this or other ordinances.
§ 350-1101 Accessory uses, buildings, and structures.
[Amended 4-12-2023 by Ord. No. 2023-01; 12-13-2023 by Ord. No. 02-2023A; 2-19-2025 by Ord. No. 2025-01]
A.
General. Uses, inclusive of buildings and structures, in this section may be permitted as accessory uses and shall meet the following:
(2)
Accessory uses, inclusive of buildings and structures, in § 350-1101C through G and § 350-1101B(6) shall meet the following:
(a)
Located on the same tract or lot as the principal use.
(b)
Located in the rear or side yard of the lot.
(c)
Located no further forward on the tract or lot than the front line of the principal building, except for garages and post and rail fencing or a similar type of nonopaque fencing that does not restrict views into the tract or lot. No fencing in the front yard shall exceed four feet in height.
(3)
A minimum setback of not less than 10 feet from the lot lines except for a minimum setback of not less than 15 feet for active accessory uses, such as tennis courts or swimming pools, or for accessory buildings or uses larger than 50 square feet. Properly permitted fences or walls shall be setback a minimum of not less than 10 feet from any front yard lot line and a minimum of not less than two feet from any rear or side yard lot line.
(4)
A maximum height of 15 feet, except as otherwise expressly permitted in this chapter.
B.
Agricultural accessory uses. The following uses shall be permitted when incidental and subordinate to an agricultural use and when located on the same lot or tract as the principal use. Maximum height shall follow height regulations for the district in which the use is located, unless otherwise expressly permitted by this chapter.
(1)
Storage of farm products and farm machinery.
(2)
Barns and stables sheltering livestock, silos, poultry, and farm products.
(3)
Preparation of agricultural products produced on the premises.
(4)
Garages and outbuildings.
(7)
Sale of agricultural products. The display and sale of agricultural products shall be an accessory use permitted from a permanent building or from a temporary stand dismantled and removed at the end of the growing season and solely by the owner or operator of the farm provided that:
(a)
There shall be a maximum of one sale of agricultural product accessory use per agricultural use.
(b)
At least 50% of agricultural products displayed for sale shall be produced on the agricultural land contiguous to said building or stand.
(c)
Agricultural sales shall clearly be subordinate to the principal agricultural uses.
(d)
Any building, stand, sales, display, or parking area shall be at least 30 feet from any street line, and shall be at least 50 feet from a side or rear yard lot line abutting a residential use or district. Such building or stand shall be no more than 1,500 square feet in size.
(e)
A minimum of three parking spaces, or one space for each 300 square feet of building or stand total floor area, whichever shall be greater, shall be provided behind the street right-of-way line.
(8)
Secondary farm business. This accessory use would allow for a secondary source of income for a farmer and shall be allowed as a use solely by the owner or operator of the farm, so as to promote the continuation of existing agricultural uses and the Township agricultural character, and shall be in accordance with the following:
(a)
A maximum of two secondary farm businesses shall be allowed per agricultural use.
(b)
A maximum of two employees shall be permitted in conjunction with the secondary farm business in addition to family members or farm laborers employed in the primary farm business.
(c)
Secondary farm family businesses may include, but are not limited to the following and shall not include intensive agricultural uses and shall be carried on within a barn or shed of a typical size within the Township and not used in conjunction with an intensive agricultural use:
[1]
Veterinary offices which primarily serve farm animals, stables, and supplies.
[2]
Manufacturing and sale of crafts.
[3]
Manufacturing of household articles, such as chairs, cabinets, clocks, and similar carpentry type articles for use in the home.
[4]
Processing of locally produced agricultural products, such as a home cannery or home slaughtering.
[5]
Sales of seeds and fertilizers.
[6]
Facilities for the sales, repair, and service of agriculturally related equipment and supplies.
[7]
Custom farm work.
[8]
Cattle and grain hauling.
[9]
Grain mills or portable grinding mills.
[10]
Blacksmith shop.
[11]
Other similar uses to those above listed uses.
(9)
Additional farm-related dwelling. Additional farm dwellings shall be subject to the following regulations:
(a)
Additional farm-related dwellings shall only be used by family members or farm workers of the associated agricultural use.
(b)
Additional farm-related dwellings shall meet the area and bulk regulations of the Agricultural Preservation District, however any additional dwellings shall be set back a minimum of 25 feet from all lot lines.
(c)
A maximum of two additional farm-related dwellings shall be permitted on a parent agricultural tract as follows:
[1]
One additional dwelling unit is permitted on parent agricultural tracts from 10 to 25 acres; and
[2]
An additional farm-related dwelling is permitted on tracts larger than 25 acres.
[3]
These two dwelling units shall be permitted in addition to any expansion of the primary dwelling by way of an agricultural accessory dwelling unit, below.
(d)
The following options and the associated regulations are available to the landowner for development of additional farm-related dwellings:
[1]
Agricultural accessory dwelling unit. An agricultural accessory dwelling unit created by expanding an existing dwelling shall be permitted only in single-family detached dwellings.
[a]
The agricultural accessory dwelling unit shall remain accessory and secondary to the principal single-family detached dwelling.
[b]
The agricultural accessory dwelling unit shall be permitted in the existing principal single-family dwelling and may be a conversion of an existing part of the building, such as an attached garage or upper story of the dwelling, and designed so that to the greatest extent possible, the appearance of the principal dwelling remains that of a single-family detached dwelling.
[c]
Additions of no greater than 100% of the gross floor area of the existing dwelling or 2,000 square feet, whichever is less shall be permitted in conjunction with the creation of an accessory dwelling unit in order to facilitate more logical design or layout or as may be needed for enclosed stairwells or to meet Township and state safety codes. Additions shall comply with all applicable setback requirements in the district in which the use is located.
[d]
Either the principal single-family dwelling or the agricultural accessory dwelling unit shall be occupied by the bona fide owner of the property on which both dwelling units are located.
C.
Residential accessory uses, buildings, or structures. The following uses shall be permitted when incidental and subordinate to a residential use and only when noncommercial and only for the use of residents of the dwelling:
(1)
Garage or parking area for the parking of passenger automobiles including noncommercial trucks and vans.
(2)
Structures such as shelter for household pets, storage sheds, bathhouses, gazebos, decks, patios, tennis courts, flagpoles, stables meeting the requirements of § 350-1212, and noncommercial greenhouses.
(3)
Noncommercial swimming pool subject to the following:
(a)
Noncommercial swimming pool, including both above-ground or in-ground pools, designed with a depth of two feet or more shall be for use of residents and their guests and shall not be operated commercially as to charge a fee for its use.
(b)
A permit shall be required to locate and construct a noncommercial swimming pool.
(c)
Swimming pools and buildings related to the pool may be located in the rear or side yard of the lot.
(d)
Outdoor lighting, if any, shall be shielded and/or reflected away from adjacent properties so that the lighting is neither directed nor reflected upon adjacent properties.
(e)
Noncommercial swimming pools shall be completely enclosed by a permanent fence of durable material at least four feet in height which shall be maintained in a good, safe condition. The fence shall be erected prior to the filling of the swimming pool and shall have self-closing and self-latching access gates that shall open away from the pool and where the release mechanism is located on the pool side of the gate. However, in the case of a shared community swimming pool such as in a multifamily development, the access gate to the pool area shall be locked when the pool is not in use. The fence and access gates shall be constructed so as not to have opening exceed four square inches in any direction. This fencing provision shall not apply to a swimming pool four feet or more above grade when equipped with removable steps or ladders, provided that said steps or ladders shall be removed when the pool is not in use. In addition to the above requirements, all fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code including more stringent requirements related to safety.
(f)
At the time of application for a building permit, it shall be demonstrated that the pool contains a filtration system, and that drainage of the pool is adequate and will not interfere with the water supply system, with existing sewage facilities, with public streets, and shall not drain into the neighboring property.
(g)
Freestanding independent hot tubs and those associated with a noncommercial swimming pool shall be covered and latched when not in use.
(4)
Garage or yard sales.
(a)
Such temporary uses shall last no more than three consecutive days, and shall be limited to not more than four times within one calendar year. There shall be at least 30 days between each occurrence.
(b)
Signs advertising garage or yard sales shall be limited to four square feet in size, and shall be posted no more than two days prior to the sale and removed by the day after the final day of the sale. No more than four off-premise signs shall be placed, and the location of off-premises signs shall be approved by the property owners of the properties on which they are placed.
(c)
No more than one vehicle for sale or show shall be displayed on a residential lot.
(d)
The garage sale shall occur in the front yard or garage.
(6)
Fences or walls in accordance with the provisions set forth in § 350-1101A(2) and (3) with respect to required setbacks and location upon the lot and also in accordance with Article XII.
(8)
Uses designed to serve the residents of a residential development, including areas for washing machines and dryers, lockers or storage areas, recreational facilities and lounges.
(9)
Trailers or recreational vehicles designed for use as vacation travel trailers placed, stored or parked on an occupant's or owner's lot shall not be used at any time during such placement for sleeping or living quarters or for any accessory use in conjunction with the principal use of the lot.
(10)
Temporary or nightly, outdoor parking or storage of commercial vehicles shall be limited to one vehicle per lot within the lot boundaries. There shall be a maximum of one such vehicle per lot, and such vehicle shall be a maximum length of 35 feet. Such vehicle shall be owned or operated by the resident of the lot.
(13)
Supplemental dwelling unit. This accessory use, not related to agricultural uses, allows a smaller secondary dwelling unit within an existing single-family detached dwelling without substantial exterior modification to the existing building. The purpose of this use is to protect and allow efficient use of the existing housing stock, and to provide an opportunity to allow housing to meet the specific housing needs of Township families as well as allow the owners to remain residents of that dwelling and the Township.
(a)
A supplemental dwelling unit shall be permitted only in single-family detached dwellings.
(b)
The supplemental dwelling unit shall remain accessory and secondary to the principal single-family detached dwelling.
(c)
The area and bulk regulations of the zoning district shall apply to the lot on which the supplemental dwelling unit is located.
(d)
No more than one supplemental dwelling unit shall be allowed on each lot.
(e)
The supplemental dwelling unit shall be permitted only in one of the following configurations:
[1]
Located in the existing principal dwelling and may be a conversion of an existing part of the building, such as an attached garage or upper story of the dwelling, and designed so that to the greatest extent possible, the appearance of the principal dwelling remains that of a single-family detached dwelling. Entrances to the supplemental dwelling unit shall be located to the rear or side of the building.
[2]
Contained within an accessory building on the same lot as the principal dwelling.
[3]
Additions of no greater than 15% of the of the gross floor area of the existing dwelling or accessory building shall be permitted in conjunction with the creation of an supplemental dwelling unit in order to facilitate more logical design or layout or as may be needed for enclosed stairwells or to meet Township and state safety codes. Additions shall comply with all applicable setback requirements in the district in which the use is located.
(f)
Either the principal single-family dwelling or the supplemental dwelling unit shall be occupied by the bona fide owner of the property on which both dwelling units are located.
(g)
The supplemental dwelling unit shall be no more than 30% of the principal dwelling's total floor area, and shall have a minimum floor area of 400 square feet.
D.
E.
F.
Temporary structure, building, or use. Temporary Structures, Buildings, or Uses shall be subject to the following:
(1)
A temporary permit shall be required for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the Township permitting process.
(2)
A temporary structure or use could include, but is not limited to offices for contractors, temporary residential uses, political campaign headquarters, temporary structures for business operations which have been displaced from the principal building due to damage, or other similar uses.
(3)
The time period of the initial permit shall be six months. The permit may be renewed for three months if the applicant can demonstrate reasonable progress towards the completion of the project necessitating the temporary structure, building, or use. A temporary use and occupancy permit shall not be required unless such uses remain in the same location for more than two consecutive days.
(4)
It shall be the responsibility of the applicant to demonstrate the need for a temporary use and occupancy permit.
(5)
Such structure, building, or use shall be removed completely within 14 days of the expiration of the permit without cost to the Township. A removal bond in a form satisfactory to the Township Solicitor from the owner or operator of the temporary structure or use may be required at the request of the Board of Supervisors.
G.
Temporary community event. A temporary permit shall be required for a temporary community event, subject to the Township's permitting process. A temporary activity could include, but is not limited to, special events, flea markets, public exhibitions, municipal activities, nonprofit events, street fairs, festivals, fund-raisers, and similar organizational activities, subject to the following:
(1)
Such temporary uses shall be limited to not more than seven consecutive days per event, and shall be limited to not more than four events in a calendar year for each organization. There shall be a thirty-day period between each event.
(2)
Temporary signs advertising a temporary community event shall be subject to the provisions of Article XIV.
(3)
The applicant for the use shall provide the Township with plans satisfactory to the Township to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control, adequate lighting, and clean-up after the event. The Planning Commission shall make a recommendation to the Township as to whether the proposed plans are adequate.
§ 350-1102 Adult commercial use.
Adult commercial entertainment shall be subject to the following regulations:
A.
The following location standards shall be met:
(1)
Adult entertainment uses shall be located a minimum of 1,000 feet from another adult entertainment use in West Caln Township.
(2)
Adult entertainment uses shall be located a minimum of 500 feet from any residential zoning district, church, school, day care facility, or public playground or park in West Caln Township.
B.
Signs and visible messages based on the allowable sign area within the applicable zoning district shall be permitted, provided:
(1)
Sign messages shall be limited to verbal description of materials or services available on the premises and shall not be obscene in nature.
(2)
Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.
(3)
Messages which are visible or intended to be visible from outside the property, such as on or within the doors or windows, shall not display materials, items, publications, pictures, films, or printed material available on the premises.
C.
Adult commercial uses shall require application for a conditional use permit from the Board of Supervisors prior to commencement of operation. Application for such a conditional use permit shall consist of:
D.
Should any adult commercial use cease or discontinue operation for a period of 90 or more consecutive days, it shall not resume, nor may it be replaced by another adult entertainment use unless said use complies with all the requirements of this section and conditional use approval.
E.
Nothing in this chapter shall be deemed to allow any uses that are "obscene" as that term has been interpreted from time to time by the courts of the United States or the Commonwealth of Pennsylvania.
F.
There shall be no alcoholic beverages in associations with an adult commercial use without proper state licensing and permission from the PA Liquor Control Board.
§ 350-1103 Agricultural uses.
Agricultural uses and uses associated with agriculture shall be subject to the following regulations:
A.
General regulations.
(1)
Gardening, incidental to residential use, shall be permitted in any district without restriction in regard to lot area.
(2)
Any structures used for the shelter or housing of livestock or poultry shall be located not less than 100 feet from any lot line. Except as provided for dwellings or for riding rings, no other farm building or structure shall be constructed closer than 50 feet to any abutting property or public right-of-way. Where setbacks provided in the applicable district differ from 50 feet, the greater dimension shall apply.
(3)
Silos and bulk bins shall be exempt from the maximum building height limit when attached to an existing structure or located such that the distance from the base of the barn, silo, or bulk bin to both the nearest property line and the nearest street right-of-way line is no less than the height of said silo, or bulk bin. In no case shall any building exceed 85 feet in height.
(4)
The storage or stock-piling of manure or other odor or dust producing substance shall not be permitted within 100 feet of any abutting property or public right-of-way, closer than 100 feet to any wells, springs, sinkholes, on slopes adjacent to any ponds and streams, or within any swale or drainageway. Manure shall only be stored or stockpiled on an approved impervious surface that will restrict the associated nutrients from being released onto and into adjacent soils and the groundwater aquifer.
(5)
Lots shall be graded so that animal wastes are confined, stockpiled, stored, or disposed of within the lot on which they originate. Waste disposal shall also be in accordance with the "Waste Disposal Ordinance of West Caln Township of 1983," as applicable.
(6)
All grazing and pasture areas where animals are kept shall be fenced.
(7)
The Township highly encourages a conservation plan and nutrient management plan to be completed for all agricultural uses, as specified by the Chester County Natural Resources Conservation Service and under the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., as amended, and such plans shall be mandatory when required by aforesaid Act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Agricultural uses. Agricultural uses and customary buildings associated with agricultural uses shall be in accordance with the following standards:
(1)
The keeping of farm animals, exclusive of customary household pets and except as otherwise stated, shall be in accordance with the provisions of § 350-1212.
(2)
Except as permitted in § 350-1101B(8), no slaughtering, processing, or production operations for commercial purposes shall be permitted.
C.
Intensive agricultural uses. Intensive agricultural uses and customary buildings associated with intensive agricultural uses shall be in accordance with the following standards:
(1)
The minimum lot area for intensive agricultural uses shall be 15 acres in all districts, with the exception of the Agricultural Preservation District where the minimum lot size for intensive agricultural uses is 10 acres.
(2)
Residential uses, adjacent to an intensive agricultural use including agricultural buildings or structures housing mushrooms, poultry, hogs, or other livestock; accessory mushroom composting; feed lots, or other odor or dust producing activities, shall be located a minimum of 100 feet from any adjacent intensive agricultural use. Intensive agricultural uses shall be set back a minimum of 100 feet from any floodplain or watercourse.
§ 350-1104 Antenna (radio, television, microwave dish, and commercial communication).
A.
Microwave dish, radio or television antenna. Such antenna shall be considered a permissible accessory use, subject to the following standards:
(1)
Radio or television antenna. Radio or television antenna shall be subject to the following:
(a)
Where applicable, structures shall comply with Federal Communications Commission (FCC) regulations and the Township Building Code.
(b)
The structure shall meet all yard requirements of the zoning district in which it is located, however no portion of the base of a freestanding antenna shall be located closer to any lot line than the height of the antenna, measured from the base of the antenna to the highest point.
(c)
The highest point of an antenna shall not exceed the peak of the roof of the principal building by more than 15 feet, or if a freestanding antenna the highest point shall be 50 feet.
(d)
No more than two antenna of any kind, including radio, television or microwave dish antenna, shall be permitted per lot, nor shall more than one freestanding radio or television antenna or one microwave dish antenna be permitted per lot.
(2)
Microwave dish antenna. Microwave dish antennas shall be subject to the following requirements:
(a)
Microwave dish antenna residential accessory use. Microwave dish antennas shall be considered as a permissible accessory residential use, subject to the following:
[1]
When freestanding, (not roof mounted), the following shall apply:
[a]
The total height of the microwave dish antenna shall not exceed 10 feet.
[b]
Such an arrangement shall be screened with staggered plantings or fencing to the extent that such screening does not substantially interfere with reception.
[c]
Supporting material shall comply with the Township Building Code.
[d]
The microwave dish antenna shall be located only in the side or rear yard, as is feasible with regard to reception, and shall not be closer than 10 feet to any property line.
[2]
When roof or wall mounted, the following shall apply:
[a]
The microwave dish antenna shall be located on a portion of the roof or wall facing away from the front of the lot and no part thereof shall project above the ridge line or be visible from the front of the lot, unless approved as a special exception by the Zoning Hearing Board.
[b]
Mounting materials and methods shall comply with the Township Building Code.
[3]
No more than one microwave dish antenna shall be permitted on any lot.
(b)
Microwave dish antenna commercial, institutional, or industrial accessory use. Microwave antennas shall be considered a permissible commercial, institutional, or industrial accessory use, subject to the following regulations:
[1]
Microwave dish antennas up to three feet in diameter may be installed, subject to those specific regulations set forth for residential accessory uses, above.
[2]
Microwave dish antennas exceeding three feet in diameter shall be permitted, subject to the following:
[a]
The total height of the microwave dish antenna shall not exceed 12 feet, unless approved as a special exception by the Zoning Hearing Board.
[b]
The microwave dish antenna shall be located only in the side or rear yard, as feasible with regard to reception, and not less than 25 feet from any property line.
[c]
Screening shall be provided in accordance with those stipulated for residential microwave dish antenna, above.
[d]
Before erection or installation of any such microwave dish antenna, a permit application shall be made to the Township and a fee paid, as may be established by Board of Supervisors, and shall be accompanied by plans to scale, showing:
[i]
The dimensions of the lot and location of the buildings thereon.
[ii]
Details of all microwave antenna anchors, supports and foundations, and the exact proposed location thereon on the lot.
[iii]
Design wind load on each anchor and allowable wind load on each anchor.
[iv]
Forces on foundation, including live load and dead load.
[v]
Allowable soil bearing pressure and actual soil bearing pressure.
[vi]
Strength and allowable stresses of cables, rods or braces. Actual force and allowable force for each cable, rod or brace.
[vii]
When microwave antennas are attached to an existing structure, provide details of how microwave antenna loads will be distributed to the existing structure.
(c)
General regulations. Microwave dish antennas in all districts shall be subject to the following additional general regulations:
[1]
All microwave dish antenna shall remain accessory to the principal use of the lot on which it is located.
[2]
No microwave antenna may be erected in any district or any location within a district which is prohibited by regulation of the FCC or other regulatory agency having jurisdiction.
[3]
Except in the Agricultural Preservation District, Multi-Purpose District, and Rural Center District, microwave dish antenna shall be used solely for the reception of radio and electromagnetic waves.
[4]
Dishes may be inspected annually by the Township for safety concerns.
B.
Commercial communications antenna and facilities. The following regulations shall apply to all commercial communication antenna and facilities constructed in the Township.
(1)
Purpose.
(a)
Accommodate the need for commercial communications facilities while regulating their location and number in the Township.
(b)
Encourage the joint use of any new antenna support structures in order to reduce the number of such structures needed in the future.
(c)
Minimize adverse visual effects of commercial communications facilities, and antenna support structures through proper design, siting, and vegetative screening.
(d)
Avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through proper structural engineering and proper site location of antenna support structures.
(2)
Standards for the location of commercial communications facilities. All commercial communication antenna and facilities shall meet the following locational requirements:
(a)
An antenna that is attached to a communications tower, smoke stack, water tower, or other tall structure, is only permitted in the Agricultural Preservation District, Multi-Purpose District, and Rural Center District as a use by-right and shall not exceed the height of the existing structure by more than 15 feet, otherwise Subsection B(2)(b), below, shall apply. If the antenna is to be mounted on an existing structure, or within an existing structural element such as a steeple, a full site plan shall not be required.
(b)
A commercial communications facility with an antenna that is either not mounted (freestanding) on an existing structure, or is greater than 15 feet in height than the structure onto which it is mounted, requires approval as a conditional use in accordance with Article XVI. Such use shall only be permitted in the Agricultural Preservation District and the Multi-Purpose District.
(c)
All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the commercial communications facility, unless otherwise permitted in the zoning district in which the commercial communications facility is located.
(d)
If located on the same lot with another permitted use, the antenna shall not be located in the front or side yard. This requirement shall not apply to an antenna mounted on an existing structure.
(e)
The support structure and antenna shall fall within the lot lines of the property on which it is located and shall not intrude upon the road right-of-way.
(3)
Standards for approval applicable to all commercial communication facilities. All commercial communication facilities shall meet the following requirements:
(a)
Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily, unless it can be demonstrated that the purpose of increased height beyond the minimum necessary is to allow for future co-location of facilities on said antenna, which in no case shall exceed 200 feet for antenna not mounted to an existing structure. Antenna height is the vertical distance measured from grade at the base of the antenna to the highest point of the support structure or antenna, whichever is higher. If the support structure is on sloped grade, the lowest grade shall be used in the calculation of the height.
(b)
Setbacks. If a new antenna support structure is to be constructed, the minimum distance between the base of the support structure or any guy wire anchors, and any property line shall be equal to or greater than the antenna height, as defined in Subsection B(3)(a), above. However, setback required can be modified by the Board of Supervisors, if the Board of Supervisors determines that a lesser setback will reduce the commercial communication antenna's visual impact and if safety issues are satisfied, such that there is evidence satisfactory to the Township Engineer that the antenna and support structure have a located pattern of collapse (the antenna and support structure is collapsible on itself).
(c)
Structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe, designed and built in accordance with the Township Building Code, Federal Aviation Administration (FAA) regulations, and other applicable codes and standards, and that the surrounding areas will not be negatively affected by antenna support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. The proposed antenna and support structure shall be designed to withstand a wind load of 125 mile per hour. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturer. The owner or operator of the commercial communication antenna shall submit to the Township an annual inspection report regarding the structural safety of the commercial communications antenna support structure and facility.
(d)
Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be 12 feet in height.
(e)
Landscaping. Landscaping shall be required to screen as much of the antenna support structure, associated building and equipment, fence, and other ground level features as possible. A combination of existing vegetation, topography, walls, decorative fences, or other features may be permitted if they achieve the same degree of screening as required below. If the antenna is mounted on an existing structure, such landscaping shall not be required.
(f)
Joint use. To reduce the number of antenna support structures needed in the community in the future, antenna shall co-locate and the proposed support structure shall be required to accommodate other users, including other commercial communication companies, and local police, fire, and ambulance companies, unless there are mechanical, structural or other factors preventing the joint use of facilities.
(g)
Licensing. The commercial communications company must provide evidence to the Township that it is licensed by the FCC.
(h)
Electromagnetic emission. The commercial communications company shall comply with FCC regulations and requirements promulgated by the FCC for safe human exposure to radio frequency electromagnetic fields, and shall provide copies to the Township of the latest FCC information regarding emission standards and shall also submit information on the power intensity of the facility annually demonstrating compliance with current FCC standards. Once installed, any increase in power or output of the facility shall be reported immediately to the Township. There shall be no interference with existing radio, television, or other reception as per § 350-1214H. In the event that a commercial community facility or antenna causes interference with radio or television reception on any property within the Township, or with any police, fire, or other emergency services communication for a period of greater than three consecutive days, the property owner may notify the Township which may notify the applicant of such interference and the applicant, at their expanse, shall thereafter ensure that any interference issues are corrected in a timely manner. If the applicant fails or refuses to correct such issues in a timely manner, the applicant shall be subject to the enforcement provisions of this chapter.
(i)
Parking. If the commercial communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall equal the number of people on the largest shift, with a minimum of one required parking space.
(j)
Design. Commercial communication antenna mounted on an existing structure shall be designed and maintained, to the greatest extent feasible, to blend with the existing structure, Commercial communication antenna support structures shall, to the greatest extent feasible, blend with the existing surroundings, and antenna support structures shall be painted or have a galvanized finish to reduce visual impact. Painting of antenna support structures shall meet all FAA regulations.
(k)
Lighting. No antenna support structure shall be artificially lighted except as required by the FAA. Such lights shall be shielded so as to reduce intrusion upon nearby properties.
(l)
The applicants shall provide to the satisfaction of the Township proof of evidence from a licensed professional engineer that the placement of the commercial communications antenna will not interfere with public safety nor the usual and customary transmission or reception of radio, television, or other communication services for adjacent residential and nonresidential properties.
(m)
Access drive requirements.
(n)
Site plan. Site Plan Requirements are as follows:
[1]
A site plan shall be required for all commercial communication sites proposing a new structure or an antenna 15 feet or higher than the existing structure on which it is mounted. The site plan shall show the antenna, antenna support structure and specifications, equipment facility, building, fencing, buffering, grading, ingress and egress, grounding, datum/benchmark utilized in preparation of the plan, key map showing the parcel(s) and the relation to adjoining property, streets roads and municipal boundaries including adjacent uses within 200 feet of the site, all existing and proposed easements or rights-of-way, name of record owner of the tract and source of title as shown by the Chester County Recorder of Deeds, name address, license number and seal of registered professional engineer responsible for the plan, total parcel(s) boundary lines with accurate distances to the hundredths of a foot and bearings in degrees, minutes and seconds, all monumentation, description and illustration of the design of the commercial communication antenna as well as all other provisions named in § 350-1104B(3) in order for the Township to assess visual impact. The site plan shall meet all other applicable requirements of this chapter for the district in which it is located. Additionally, a report prepared by a qualified licensed professional engineer in the Commonwealth of Pennsylvania shall certify as to the proper design of the foundation and support structure in accordance with all applicable requirements.
[2]
The site plan shall not be required if the antenna is to be mounted on an existing structure and is less than 15 feet higher than the existing structure. In such cases, information necessary for the applicable zoning permit and building permit shall be provided as well as a report prepared by a qualified licensed professional engineer in the Commonwealth of Pennsylvania shall certify as to the proper design of the foundation and support structure in accordance with all applicable requirements.
(4)
Standards for commercial communication facility requiring conditional use approval. In addition to the requirements of Article XVI and this section, the following standards shall be met when a commercial communications facility requires approval as a conditional use:
(a)
The commercial communications company is required to demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's grid system, and demonstrate that there is a need for this facility in the community where it will be located.
(b)
If the commercial communications company proposes to build a communication tower or other antenna support structure, as opposed to mounting the antenna on an existing structure, it is required to demonstrate that it contacted the owners of tall structures within a 1/4 mile radius of the site proposed, requesting permission to install the antenna on those structures, offered market compensation to such owners, and was denied permission for reasons other than economic ones. Tall structures shall include, but are not limited to, smoke stacks, water towers, tall buildings, and antenna support structures of other communications towers (fire, police, etc.). The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
(c)
If conditional use is granted, it shall be subject to the condition that the use of the commercial communication antenna support structure shall be made available to other users as per § 350-1104B(3)(f), above.
(d)
The applicant shall document the ownership or lease of land on which the communication facility is to be located.
(5)
Installation and maintenance. Commercial communications facility and antenna owners shall employ ordinary and reasonable care in the installation and maintenance of such facilities. They shall maintain no less than the best available technology for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(6)
Removal of commercial communication antenna. The commercial communication antenna/facility owner is required to notify the Township immediately upon cessation and abandonment of the operation. Commercial communication antenna that are no longer licensed and active commercial transmitting facilities shall be removed at the owner's expense within 60 days after the last date that the facility was licensed by the FCC. At the time of issuance of the permit for construction of the commercial communication antenna/facility, a bond or escrow account shall be posted with the Township in an amount approved by the Township sufficient to ensure the expense of the dismantling and removal of said structure. The antenna and facility shall be removed within one foot of ground level.
(7)
Fees. An applicant seeking the approval of a commercial communication antenna shall establish an escrow account with the Township from which the Township will make payment of fees and charges for consultants it deems necessary for the processing and for reasonable expenses related to the application for a commercial communication antenna/facility.
§ 350-1105 Automobile or truck sales.
Automotive and truck sales facilities shall be subject to the following regulations:
A.
The minimum lot size for automobile and truck sales is two acres.
B.
Building and permanent structures must be setback a minimum of 75 feet from all property lines. Parking and display areas for automobiles and trucks and service and loading areas shall be a minimum of 50 feet from all residential uses and districts.
C.
A minimum of 20% of the lot shall be landscaped and open areas.
D.
Primary access shall be from a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
E.
This use may contain up to a maximum of 60,000 square feet of total floor area. For the purposes of this section, an individual building shall be considered as a space or contiguous spaces under one roof, fully separated from any abutting building by permanent walls and with no direct access to any abutting building.
F.
Except where buildings directly abut one another, no individual building shall be placed closer to any other building than the height of the taller of such adjacent buildings.
G.
Parking lot design, landscaping, buffering, lighting, signs, and access shall be in accordance with the applicable sections of this chapter.
H.
There shall be no commercial sale of gasoline. Gasoline on the premises shall only be for use related to the primary business of automotive and truck sales.
I.
Waste shall be removed from the property by a certified waste removal agency and shall follow all applicable PaDEP regulations.
§ 350-1106 Bank and financial institution.
Banks or other financial institutions shall be subject to the following regulations:
A.
The use shall have direct access to a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
B.
There shall be no more than one point of egress to each street on which the lot abuts.
C.
The access shall be set back at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.
§ 350-1107 Bed-and-breakfast.
Bed-and-breakfast facilities shall be subject to the following regulations:
A.
The bed-and-breakfast shall remain incidental and secondary to the principal use of the building as a dwelling. A bed-and-breakfast shall be permitted only in a single-family detached dwelling.
B.
The principal operator of a bed-and-breakfast shall reside in the dwelling house of said facility. Nonresident employees shall be restricted to two in addition to the resident members of the family.
C.
Exterior and interior alterations shall be limited to those customarily associated with residential use or those which may be required by the Pennsylvania Department of Labor and Industry, or for safety reasons as required by any other local, state, or federal regulations. Fire escapes, external stairways, or additional external doors shall be located either to the side or rear of the residence.
D.
There shall be no separate cooking facilities in any guestroom. Food served to guests on the premises shall be limited to breakfast and tea and eating facilities shall be open only to guests.
E.
When located within 100 feet of a residential use, the use of active recreation amenities, such as a swimming pool or tennis court, shall not be lighted and shall be limited to the hours 9:00 a.m. to 10:00 p.m.
F.
Where an on-lot sewage disposal system is to be used, the application for the use shall be accompanied by a valid Chester County Health Department permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the existing system fail.
I.
The minimum lot size for a bed-and-breakfast shall be 20,000 square feet in the Village District and Rural Center District, and shall be one acre in other districts where the use is permitted.
§ 350-1108 Cemetery.
Cemeteries shall be subject to the following regulations:
A.
Proper landscaping and ground cover shall be maintained at all times. Retention of natural buffer areas shall be maintained to the greatest degree possible along with the use of landscape material to mitigate impacts to scenic landscapes and water recharge capacity.
B.
No buildings other than crematoriums, mausoleums, mortuaries and the like shall be permitted and no building shall be more than 15 feet in height.
C.
No cemetery (except where located on the same lot as a church) shall be less than 10 acres in size, except that a pet cemetery shall have a minimum lot area of five acres. Cemeteries associated with places of worship shall have a minimum lot size of one acre.
D.
An application for a cemetery use shall include the following:
(1)
A master plan identifying the overall layout of plots, internal road network, buildings, and other improvements.
(2)
A valid permit issued by the Pennsylvania Department of Health, when applicable.
(3)
A narrative of how the cemetery will be developed and maintained.
(4)
That the recharge of the groundwater is not adversely impacted by the cemetery design shall be demonstrated by the applicant. The layout or burial grounds, structures, and other impervious surfaces and the design of stormwater management facilities shall optimize opportunities for natural recharge. Sufficient hydrological information shall be provided by the applicant to the Township Engineer to satisfy that the potential for groundwater contamination from the development of the burial grounds shall not be hazardous to any neighboring water supply wells.
E.
Individual plots shall be set back a minimum of 50 feet from all lot boundaries and public rights-of-way.
F.
No vault shall be located where at its greatest depth below the ground surface it may intrude upon the seasonal high water table.
G.
In order to provide for adequate percolation of groundwater, all burial vaults shall be placed such that minimum horizontal separation between vaults is no less than two feet. This provision shall not apply to burial vault(s) completely enclosed within a mausoleum.
§ 350-1109 Club or lodge.
A club or lodge shall be subject to the following regulations:
A.
The minimum area for a club or lodge shall be three acres.
B.
The use of the facility shall be for authorized members and guests only.
C.
Lodging of overnight guests is prohibited in any building that is a club or lodge.
D.
Outdoor activity areas shall be setback a minimum of 50 feet from any property line. The Zoning Hearing Board or Board of Supervisors, as applicable, may establish other setbacks in the event of incompatible activities or uses between the club or lodge and adjacent uses.
E.
When located within or adjoining a residential district or use, the hours of operation shall be established by the Zoning Hearing Board and shall not interfere with neighboring properties and uses.
G.
A buffer, in accordance with Article XII shall be maintained adjacent to any residential use or district. All structures, parking, and facilities for outdoor activity shall be screened.
H.
The use of firearms, paintball guns and apparatus, archery, and similar activities shall be prohibited.
§ 350-1110 Day-care center (commercial or nonprofit).
Day-care centers shall be subject to the following regulations:
A.
Approvals and licensing. Operators are responsible for compliance with all pertinent approval and license requirements from appropriate state, county, and other agencies. Prior to issuing a permit by the Township Zoning Officer, the applicant shall have received and hold all pertinent approvals and licenses, and where applicable, the applicant shall also provide evidence that all conditions set by the Zoning Hearing Board during the special exception approval process have been met.
B.
Child day-care center. Minimum indoor areas and outdoor play area requirements per child shall meet all applicable current Pennsylvania Department of Human Services requirements. In addition, an outdoor play area shall be provided according to the following:
(1)
The outdoor play area shall be located to the rear or side of the building.
(2)
The outdoor play area shall be enclosed by a fence suitable to restrict children to the play area and fencing shall be a minimum of five feet in height.
(3)
The outdoor play area shall not include driveways, parking areas, or any other area unsuited to active recreation.
(4)
The outdoor play area shall be on the same site as the principal structure.
(5)
Outdoor play areas shall be sufficiently screened as to protect adjacent residential areas from noise and disturbance.
(6)
Outdoor play shall be limited to daylight hours.
C.
Adult day-care center. Minimum indoor and outdoor recreation area requirements shall meet all applicable current state requirements per adult. In addition, an outdoor recreation area shall be provided according to the following:
(1)
The outdoor recreation area shall be located to the rear or side of the building.
(2)
The outdoor recreation area shall be enclosed by a fence suitable to restrict adults to the area and fencing shall be a minimum of five feet in height.
(3)
The outdoor recreation area shall not include driveways, parking areas, or any other area unsuited to active recreation.
(4)
The outdoor recreation area shall be on the same site as the principal structure.
(5)
Outdoor recreation areas shall be sufficiently screened as to protect adjacent residential areas from noise and disturbance.
§ 350-1111 Drive-through service.
Drive-through service shall comply with the following provisions:
A.
The use shall have direct access to either a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
B.
For a drive-through window located adjacent to a residential use or district, screening shall be maintained along all property lines abutting the residential use or district, as specified in § 350-1206.
C.
Drive-through service windows for restaurants must have a cartway that has a dedicated area for conducting business, a vehicle stacking lane which can accommodate a minimum of eight cars for restaurant and a minimum of five cars for banking and other uses for those waiting to conduct business, and an area for departing vehicles. The stacking lane shall not be used for parking lot circulation aisles or in any way conflict with parking or circulation. The stacking lane shall be clearly marked to distinguish it from other traffic.
D.
Access shall be a minimum of 40 feet from street intersections. The distance shall be measured from the street right-of-way line to the edge of the access driveway.
E.
When this use is adjacent to or on the same lot as other commercial establishments, it shall use a common access with the other establishments and not have a separate entrance to the street.
F.
A sidewalk shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no existing sidewalk, one shall be provided along the street frontage.
G.
Trash receptacles shall be provided outside the restaurant for patron use and shall be located in a manner that drive-through customers have access to from an automobile, but trash receptacles shall not be located within 15 feet of any residential properties. A trash storage unit shall also be provided which is designed to be screened from the street and adjacent properties.
§ 350-1112 Educational use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Educational uses shall be permitted when in accordance with the following standards:
A.
Public or private nonprofit school. A public or private nonprofit school (one which is not conducted as a private gainful business) and is licensed under the proper governmental authority shall be subject to the following provisions:
(1)
Access shall be taken from a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
(2)
The minimum required lot size shall be by conditional use, dependent on the type and intensity of educational use.
(3)
Outdoor play or recreation areas adjacent to a residential use or district shall be a minimum of 75 feet from side and rear property lines and shall be sufficiently screened to minimize disturbance of residential areas. Outdoor play or recreation areas adjacent to a nonresidential use or district shall be a minimum of 50 feet from side and rear property lines.
B.
Commercial (for-profit) or trade school.
C.
The applicant shall demonstrate that all necessary approvals and permits from state and local agencies have been obtained or waived.
§ 350-1113 Funeral home.
§ 350-1114 Gasoline station, service station, or car wash.
Gasoline station, service station, or car wash shall be permitted in accordance with the following standards:
A.
A minimum lot width of not less than 200 feet shall be provided along each street on which access is proposed. This requirement shall not apply to facilities solely providing repair services, in which case the required lot width of the underlying district shall apply.
B.
Access shall be set back at least 40 feet from the intersection of any street.
C.
Fuel pumps shall be at least 20 feet from any street right-of-way.
D.
All automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.
E.
All automotive repair or service activities, except those performed at fuel pumps, shall take place within a completely enclosed building. Vehicles waiting for repairs shall not be stored outdoors for more than 10 days. Junk vehicles may not be stored in the open at any time. There shall be no more than two parked vehicles per service bay. Any extra vehicles shall be in an enclosed or fenced area.
F.
There shall be barrier protection for fuel pumps in accordance with PA Department of Transportation regulations and any other applicable regulations.
G.
The applicant shall demonstrate that all discharge from the use on the property shall be contained and that there shall be no off-site release of discharge.
H.
All gasoline station and/or service station uses shall adhere to applicable PaDEP regulations.
§ 350-1115 Home occupation/home-based business (major and minor/no impact).
Minor home occupation/No impact home-based business and Major home occupation/Major home based business shall be permitted when in accordance with the following standards:
A.
Minor home occupation. Minor home occupations shall meet all of the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding uses.
(2)
The use is carried on entirely by the inhabitants of the dwelling, and shall employ no employees other than family members residing in the dwelling.
(3)
The use does not involve any customer, client, or patient visits, whether vehicular or pedestrian, to the dwelling.
(4)
Such use involves no pickup, delivery, or removal functions to or from the premises in excess of those normally associated with the residential use.
(5)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(6)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(7)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(8)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(9)
The business activity shall only be conducted within the dwelling and the floor area devoted to such use shall not exceed 20% of the total floor area of the principal residential structure.
(10)
Such business use shall not involve any illegal activity.
B.
Major home occupation. A home occupation that does not meet one or more of the criteria listed under Subsection A above shall be defined as a major home occupation/major home-based business. Major home occupations shall be permitted only when other applicable criteria of this section and chapter can be met.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Prohibited home occupations. Home occupations shall not include the following uses, which shall be classified as commercial or institutional uses:
(1)
Animal shelter, commercial kennel or veterinary office;
(2)
Rooming or boarding home;
(3)
Bed-and-breakfast;
(4)
Funeral home;
(5)
Restaurant;
(6)
Outdoor cafe;
(7)
Club or lodge;
(8)
Medical or dental clinic (two or more doctors or dentists);
(9)
Retail shop;
(10)
Rental business;
(11)
Furniture stripping;
(12)
Auto or small engine repair;
(13)
Painting of vehicles, trailers, or boats;
(14)
Manufacturing, repairing or other mechanical work performed in connection with the home occupation performed in any outdoor area;
(15)
Private school with organized classes;
(16)
Welding shop; or
(17)
Other uses of similar character to those listed above.
D.
The Township Zoning Officer shall determine whether a proposed home occupation falls under the category of minor, major, or prohibited. The applicant shall be responsible for supplying such information as deemed necessary by the Township Zoning Officer to make this determination. The following requirements for approval and permitting shall apply:
(1)
Upon determining that the proposed use is a minor home occupation and is in conformance with the requirements of this chapter, the Township Zoning Officer shall issue a zoning permit.
(2)
Where the Township Zoning Officer determines that the proposed use is a major home occupation, the use shall be permitted only as a special exception and shall require review and approval by the Zoning Hearing Board in accordance with the provisions of § 350-1708, Granting of special exceptions, and the criteria of this section. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. Following approval, the Township Zoning Officer shall issue a zoning permit.
(3)
A home occupation permit shall not be transferable to another property or to another type of home occupation. The permit issued shall only be valid for the use and on the property for which it was originally issued. In the event that a property with an existing home occupation is sold, leased, or rented to someone other than the original permit holder, the new owner, lessee or renter, shall be required to obtain a home occupation permit, demonstrating full compliance with the requirements of this chapter and any other applicable regulations.
(4)
A Township official shall be permitted to inspect the home occupations by request to ensure that the requirements of this section and other applicable Township regulations are being carried out.
E.
General standards applicable to home occupations. The following standards shall apply to all home occupations, whether major or minor:
(1)
No more than one home occupation shall be permitted per lot.
(2)
The practice of a home occupation shall be carried on entirely within the dwelling which is the bona fide residence and under ownership of the principal practitioner or contained entirely within an accessory building and located on the same lot as the dwelling.
(3)
All applicants for a home occupation shall be required to obtain a permit from the Township in accordance with the requirements of Subsection D above within 30 days prior to beginning operation of the use.
(4)
There shall be no change in the exterior appearance of the dwelling, any accessory building and/or the lot, which would cause the premises to differ from its residential character by the use of advertising, materials, show windows, or special lighting visible from the outside of the premises to attract customers or clients, except those signs permitted by this chapter for major home occupations. No public display of any goods and/or product, information and/or advertising concerning any goods and/or product or interior display shall be visible from the outside.
(5)
The home occupation shall not cause noise, glare, vibration, fumes, dust and/or electrical interference detectable to normal senses beyond the property in excess of levels customarily generated by a residential use.
(6)
There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by the PaDEP, or through applicable regulations.
(7)
With the exception of family day care home, no home occupation activity shall be conducted between the hours of 8:00 p.m. prevailing time, and 7:00 a.m. prevailing time which involves individuals entering or leaving the premises or mechanical operations.
(8)
Deliveries from major commercial suppliers which may be disruptive to the neighborhood shall not be made between the hours of 8:00 p.m. prevailing time and 8:00 a.m. prevailing time.
(9)
There shall be no unenclosed exterior storage of material or refuse resulting from the home occupation. All home occupations shall meet applicable outdoor storage standards of § 350-1204.
(10)
All commercial vehicles shall be parked on the same lot as the home occupation, and only one commercial vehicle may be parked outside of a garage, enclosed structure, or screened parking space within the lot boundaries. Such a commercial vehicle shall have no more than two axles. There shall be no storage of tractor-trailers on the lot on which the home occupation is located.
F.
Standards applicable to minor home occupations. In addition to other applicable criteria of this chapter, the following standards shall apply to minor home occupations:
G.
Standards applicable to major home occupations. In addition to other applicable criteria of this chapter, the following standards shall apply to major home occupations:
(1)
Major home occupations shall be permitted only in single-family detached dwellings or an accessory structure to a single-family detached dwelling.
(2)
The area used for a major home occupation shall not exceed 30% or 600 square feet of the total floor area of the principal residential structure or accessory structure, except for family day care home which shall meet applicable state requirements.
(3)
No more than one person, other than resident members of the immediate family may be employed or subcontracted at the residence. Use of nonresident employees must have prior approval from the Zoning Hearing Board.
(4)
No more than two clients at any one given time shall be permitted to visit the premises to conduct business related to the major home occupation.
(5)
One exterior sign no greater than a total of four square feet in size shall be permitted per major home occupation. It shall not be illuminated or animated.
(6)
No articles shall be sold or offered for sale except those produced on the premises. Such sales must have prior approval by the Zoning Hearing Board.
(7)
Where employees or customer visits are anticipated, off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood. Minimum off-street parking requirements shall apply as designated in Article XIII.
(8)
Beauty parlors and barber shops may be permitted as a major home occupation provided that no more than two stylist or barber chairs are provided and all other provisions of this chapter are met.
(9)
Instructional services may be permitted as a major home occupation provided that a maximum of three students may be instructed at any one time, and there shall be no more than two trips per hour.
(10)
Family day care home. Family day care home is a major home occupation in which a private residence is used for the care and supervision of between four and six children or adults, not related to the caregiver. A family day care home shall be registered with the Pennsylvania Department of Human Services. When in compliance with the provisions outlined below and all other applicable requirements, family day care home shall be permitted as a major home occupation:
(a)
Prior to final Township approval of this use and the issuing of a permit by the Township Zoning Officer, the applicant shall demonstrate receipt and holding of all pertinent approvals and registration certificates from appropriate state or county agencies, and shall provide evidence that all criteria set by the Zoning Hearing Board have been met. These shall be conditions of Township permit approval.
(b)
Family day care home uses shall only be permitted in a single-family detached dwelling.
(c)
There shall be no alterations to exterior facades of residential structures to accommodate family day care home facilities in a residential district, except for safety purposes which shall be confined to rear or side walls not visible from any public right-of-way.
(d)
For family day care home for children, a minimum outdoor play area meeting the most current Pennsylvania Department of Welfare regulations shall be provided for each child. The outdoor play area shall be located to the side or rear of the property. Setbacks for this play area shall meet the side and rear setback requirements for the applicable district.
(e)
For family day care home for adults, a minimum outdoor recreation area meeting all current applicable state requirements shall be provided. The outdoor recreation area shall be located to the side or rear of the property. Setbacks for this area shall meet the side and rear setback requirements for the applicable district.
(f)
The outdoor play area for children shall be enclosed by a suitable fence with a minimum height of four feet or other barrier suitable to prevent children from crossing. This requirement shall also apply to adult family day care home where outdoor recreation or sitting areas are provided for the use of clients.
(g)
In addition to the off-street parking required for a single-family detached dwelling, at least one additional space is required for each nonresident employee. There shall be sufficient area on the lot or available parking on the street abutting the lot to accommodate the pick-up and drop-off of children without interference with local traffic.
§ 350-1116 Hotel or motel and/or conference facility.
A hotel or motel shall be subject to the following regulations:
A.
The minimum lot area for a hotel or motel is one acre, however the minimum lot size of a hotel/motel and conference facility is five acres.
B.
The principal access to a hotel or motel shall be directly from an arterial or collector road, as designated in the Comprehensive Plan, and as herein defined.
§ 350-1117 Individual professional, business, administrative, or medical office.
Office uses shall be permitted when in accordance with the following standards:
A.
The use shall have direct access to a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
C.
The access shall be set back at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.
E.
Medical offices shall adhere to any applicable federal and state regulations.
§ 350-1118 Industrial or office park.
The following restrictions shall apply in all districts in which industrial or office parks are permitted:
A.
The tract of land to be developed shall be in one ownership, or in the case of a multiple ownership, it shall be developed according to a single overall master plan with common authority and responsibility.
B.
The tract and uses therein shall have access only to an arterial or collector road, as designated in the Comprehensive Plan, and as herein defined, via a common ingress and egress.
D.
Area and bulk regulations.
(1)
Minimum tract size: 10 contiguous acres.
(2)
Tract perimeter setbacks and screening. Landscaping, screening, and buffering in accordance with Article XII shall be required in addition to the following minimum setbacks along the perimeter of the industrial or office park:
(3)
Lot area. The average area of individual lots within an industrial or office park development shall be a minimum of two acres, but no individual lot shall be less than one acre.
(7)
Setbacks. The minimum setbacks for individual lots shall be in accordance with the provisions of § 350-902A.
(8)
Building height. Building height shall be in accordance such requirements of the district in which such use is located.
E.
At least 70% of the total floor area of the office or industrial park shall be devoted to office or industrial uses.
§ 350-1119 Junkyard or salvage yard.
Junkyards or salvage yards shall be subject to the following regulations in addition to Chapter 205, Junkyards and Junk Dealers, of the Code of the Township of West Caln, as amended. To the extent that there are any inconsistencies between the provisions of this chapter and Chapter 205, Junkyards and Junk Dealers, the chapter imposing the higher standards shall prevail.
A.
The tract serving as a junkyard or salvage yard shall contain a maximum of 40,000 square feet undivided by streets, streams, or rights-of-way. No part of the operation shall be located within the any designated floodplain are or within 100 feet of any river, stream, run, creek, irrigation ditch or other natural watercourse.
[Amended 8-9-2017 by Ord. No. 2017-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Where a junkyard or salvage yard is located on a property which is adjacent to a residential district or use, the junkyard or salvage yard shall be set back at least 100 feet from the residential district or use.
C.
The tract serving as a junkyard or salvage yard shall be located on land with less than 15% slope, which shall comply with the requirements of Chapter 300, Subdivision and Land Development, of the Code of the Township of West Caln.
D.
The maximum lot coverage including storage, buildings, and structures shall not exceed 60%.
E.
The area where junk and any other material is stored shall be enclosed with a wall or fence at least six feet in height and which is designed and constructed so as to be at least 90% solid or opaque. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business. An effective year-round screen shall be provided pursuant to the screening and landscaping provisions in § 350-1206.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Storage piles shall not exceed six feet in height within 50 feet of the screening or fence line. Junk or other material shall be permitted to be piled not exceeding eight feet in the remaining area of the junkyard. No more than two adjoining rows of junked cars shall be stored together.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
There shall be provided at least a fifteen-foot wide accessway which shall be clear and free at all times to provide for access to all parts of the premises for fire-fighting and other safety or emergency purposes. Additionally, no junk or other material shall be stored within 25 feet of the point located at the center line of access from the premises to a street.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H.
Waste generated by the junkyard or salvage yard shall be managed in accordance with all applicable Township ordinances, federal, state, and county regulations including the Solid Waste Management Act, the Clean Streams Law, and the Air Pollution Control Act[1] of the Commonwealth of Pennsylvania.
(1)
Automotive fluids (including gasoline, oil, antifreeze, transmission fluids, and similar fluids), Freon, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises and shall be properly containerized and stored. Such materials shall not be released into the air or into the ground or watercourses and shall be transported and disposed of or recycled in accordance with applicable state and federal regulations.
(2)
Automotive batteries shall be removed from junked vehicles and properly stored until they are disposed of or recycled.
(3)
Removal of such fluids, batteries, and other hazardous materials shall take place on an impervious surface where they can be properly contained without danger of spilling or being transported into the ground.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq., 35 P.S. § 691.1 et seq., and 42 U.S.C. § 7401 et seq., respectively.
I.
No junk or other material shall be burned on the premises. Each junkyard or salvage yard shall have available in proper working condition equipment that will control, contain, and suppress fires or other hazards.
J.
Tire storage piles shall not exceed 200 tires. In addition, when whole or processed tires are stored outdoors, each waste tire pile shall meet the following requirements:
(1)
Piles shall not cover a surface area of greater than 1,000 square feet.
(2)
Corridors of at least 15 feet in width shall be maintained as firebreaks on all sides of tire piles. No point in the pile shall be more than 25 feet from a firebreak. Firebreaks shall be kept free from obstructions that could limit access in the event of an emergency and vegetation shall be maintained below 10 inches.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
K.
No garbage or other organic waste, liable to give off a foul odor or to attract vermin or insects, shall be kept on the premises.
L.
Prior to the issuance of a license by the Township, the applicant shall provide sufficient information for the Township Zoning Officer to determine that all applicable federal, county, and Township requirements and regulations can be met by the proposed operation. Prior to the issuance of the license, the applicant shall also provide evidence that all applicable conditions set by the Board of Supervisors during the conditional use approval process and application procedures have been met.
M.
A stormwater management plan and erosion and sedimentation control plan shall be submitted as part of the land development application for a junkyard or salvage yard pursuant to the provisions of Chapter 300, Subdivision and Land Development, and Chapter 294, Stormwater Management.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
N.
The permittee shall allow inspection of the business premises by the Township or its approved representative at any reasonable time.
O.
Due to their hazard potential, junkyards and salvage yards shall require a yearly license from the Township in accordance with Township regulations.
§ 350-1120 Kennel/animal shelter/veterinary clinic.
Kennel, animal shelter, and veterinary clinic uses shall be in accordance with the following standards:
A.
Each use shall have a minimum lot size of one acre, and there shall be no more than 10 dogs or other domestic animals per one acre, excluding dogs under six months old.
B.
Each use shall have all exercise areas or pens entirely fenced to prevent animals from leaving the property and set back a minimum of 100 feet from all lot lines, a minimum of 125 feet from any wells, springs, sinkholes, on slopes of any degree adjacent to any ponds or streams or within any swale or drainageway. All accessory buildings and structures shall be set back a minimum of 25 feet from rear and side property lines.
C.
All buildings and structures associated with a kennel shall be sound insulated.
D.
The sale of related products shall remain accessory to the use, and shall occupy no more than 25% of the total floor area of the principal building.
E.
There shall be no outdoor storage of materials unless screened from adjoining properties in accordance with Article XII.
F.
All such uses shall meet all applicable Pennsylvania state licensing and codes.
G.
All animals shall be inside an enclosed building between the hours of 8:00 p.m. prevailing time and 7:00 a.m. prevailing time.
H.
All kennel, animal shelter, and veterinary clinic uses shall provide private removal of waste from the site which the use is located on a weekly basis.
§ 350-1121 Landfill (sanitary) and hazardous waste.
A municipal landfill shall be permitted when in accordance with the following standards:
A.
Municipal landfills shall only be permitted when municipally owned, and the service area shall serve the residents of the Township on an equal basis with its other customers.
B.
The tract serving as a landfill shall contain a minimum of 50 contiguous acres, undivided by streets, streams or rights-of-way. All operations, including buildings, structures and grading, shall be set back a minimum of 100 feet from any property line, Identified Floodplain Area boundary, stream, or other body of water.
[Amended 8-9-2017 by Ord. No. 2017-1]
C.
All landfills shall be designed and operated in accordance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of the PaDEP and the provisions of this chapter. The applicant shall have the burden of proof that the landfill use complies with the standards and regulations as set forth by the aforementioned. Prior to the use of the site for a landfill and prior to issuance of a use and occupancy permit by the Township, a permit shall be obtained from the PaDEP for said use. The permit shall be clearly displayed and made available for inspection at all times. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of the PaDEP, the more restrictive regulations shall supersede and control.
D.
The operation of a landfill shall at all times be under the direction of a responsible party qualified by experience or training to operate a landfill. Unloading of waste shall be continuously supervised. A proper screening device shall be provided to detect any and all non-disposable items.
E.
Access to the site shall be limited to posted times when an attendant is on duty. In order to control access at other than designated access areas, a landfill shall be protected by locked barricades, fences, gates or other means designed to deny access to the area at unauthorized times or locations. All landfills shall be completely enclosed by a fence or wall, kept in good repair and maintained in a uniform color, of a minimum of eight feet in height to deter trespassing, and to prevent debris from blowing onto adjoining properties. There shall be no openings greater than three inches by three inches in the fence or wall. The fence or wall shall be setback a minimum of 50 feet from any street or property line. An intensive buffer shall be provided between the fence and the street or property line in accordance with the requirements of Article XII. A staging area within the lot shall be provided so as to prevent back-up of trucks onto the street.
F.
Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards.
G.
Access to a landfill facility shall be from the highest functional classification of road available as designated by the Comprehensive Plan and as herein defined, for the district in which a landfill is permitted, to limit traffic congestion and excessive wear on local roads.
H.
All trucks entering and leaving the landfill shall be covered, and roads for access shall be patrolled daily to pick up and dispose of scattered and blowing litter. Tire scrubbers shall be provided at all points of truck egress.
I.
The landfill shall be properly maintained to ensure no nuisance or danger exists to adjoining property owners, surface water and groundwater supplies. The tract shall be stabilized and a ground cover established to avoid erosion and sedimentation problems. The landfill shall contain a treatment system to protect the surface and groundwater.
J.
The hours of operation shall be limited to 6:00 a.m. prevailing time to 6:00 p.m. prevailing time, Monday through Saturday.
K.
For purposes of this § 350-1121, hazardous materials, include but are not limited to, substances or materials that the Secretary of Transportation has determined are capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under Section 5103 of Federal hazardous materials transportation law (49 U.S.C. § 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in Part 173 of Subchapter C of Title 49 CFR Parts 100-185. The disposal of sewage other than biosolids and hazardous materials other than those permitted pursuant to applicable governmental regulations shall be specifically prohibited in a landfill.
L.
A performance bond shall be posted by the applicant with a sufficient amount to cover the cost, as estimated by the Township Engineer, when performing the various responsibilities imposed upon the applicant as required by this chapter. The amount and form of the bond shall be approved by the Board of Supervisors.
M.
The following shall be submitted with a conditional use application:
(1)
A statement from PaDEP as to the general feasibility of the site for use as a landfill.
(2)
The identity of the owner of the site, relationship of applicant to the owner, a notarized statement by the owner that a landfill is permitted on the site, and a statement of the prior expertise of the applicant in the operation of a landfill.
(3)
An estimate of the useful life expectancy of the site for use as a landfill and condition of the site upon completion of the landfill operation.
(4)
The estimated number of vehicles weighing over 26,000 pounds that are expected to use the site on a daily basis.
(5)
The route of entry through the Township to the landfill use. Depending on the route of entry to the landfill use and the adequacy and carrying capacity of the roadways along such route of entry, the Township may require that a traffic study be performed to determine the number of trucks transversing that area of the Township and issues related to safety through populated areas. The Township also may require the posting of a bond for road maintenance for heavily traveled routes associated with the landfill use.
§ 350-1122 Mixed use.
Where a combination of residential uses and commercial uses, such as a retail use with an upper story dwelling or office, is proposed upon a single lot or within a single building, each of those uses shall be required to meet the following criteria:
§ 350-1123 Mobile home park.
§ 350-1124 Multifamily development.
Multifamily developments shall be in accordance with the following standards:
A.
The area and bulk regulations under the applicable zoning district shall be met.
B.
The maximum length of a multifamily building shall be 120 feet.
C.
Multifamily buildings are encouraged to be located in clusters which create common courtyards and open space areas rather than situated parallel to one another. Where clustering is not feasible due to site conditions, there shall be no more than three abutting buildings parallel to each other within the development.
D.
Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open space area.
F.
Entrances to dwelling units shall be provided with walkways to parking and refuse collection areas.
G.
The design, ownership and maintenance responsibilities for required open space shall be in accordance with the provisions of § 350-1126.
H.
Off-street parking for the proposed development shall be in accordance with the provisions of Article XIII.
J.
Dwelling units shall be set back a minimum of 20 feet from common parking lots and refuse collection centers.
K.
Staggered setbacks of individual dwelling units accompanied by a variation in facade design shall be required so the buildings offer visual variety and provide private yard areas. In the case of multifamily townhouse development, no more than two contiguous units shall have the same facade setback within a building. Changes in unit setback shall involve a minimum of four feet.
§ 350-1125 Nursing home, life care facility, or retirement community.
A nursing home, life care facility, or retirement community is a form of residential use designed and operated for mature adults, which meets the definition of "housing for older persons" as set forth in the Fair Housing Amendments Act of 1988, as amended, that may include one or any combination of nursing home, life care facility, or retirement community housing as defined in this chapter, and shall be permitted when in accordance with the following standards:
B.
In addition to the minimum tract area required above, an additional 1,000 square feet of tract area shall be required for each resident patient beyond a total of 20 in the Rural Center District and beyond a total of 40 in the Rural Residential District.
C.
Maximum building coverage shall be 40% and maximum lot coverage shall be 50%.
D.
Each facility shall provide an outdoor sitting facility. The sitting area shall be landscaped and shall not be located adjacent to parking lots, detention basins, or collector or arterial roads unless adequate screening is provided. Sitting areas shall not be located on slopes of over 5% grade.
E.
The tract of land on which the use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit.
F.
Wheelchair access to all dwelling units and community facilities, in accordance with the Americans with Disabilities Act of 1990, as amended, shall be provided in the design of structures, pedestrian walkways and parking lots. Where practical and desirable, buildings shall be interconnected by means of covered or enclosed walkways.
G.
Location, design and layout of buildings containing dwelling units shall be so designed to ensure open space and privacy between units.
H.
A minimum building setback from the entire tract perimeter of 25 feet shall be provided.
I.
The proposed use shall obtain all applicable state and federal permits, licenses, and certificate of need, as applicable to the proposed use.
§ 350-1126 Open space use, ownership, and maintenance standards.
The following regulations shall apply to areas of required open space under the cluster development option associated with the Site-Responsive Residential and Rural Residential Districts.
A.
Use of open space. The following are uses permitted in the open space under the cluster development option:
(1)
Conservation of open land in its natural state (i.e., woodland, fallow field, or managed meadow).
(2)
Agricultural and horticultural uses, including raising crops or livestock, associated buildings, excluding residences, that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving highly offensive odors. To encourage the retention of agricultural lands, the Township or homeowners' association, as the case may be, may permit all or portions of the open space lands to be leased back to a farmer. Approval of the leaseback option shall be conditioned on appropriate agreements between the titleholder and the farmer, concerning permitted agricultural practices and use of the land in the event the agricultural activities cease.
(3)
Pastureland or areas for horses.
(4)
Forestry.
(5)
Passive noncommercial recreational uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact uses specifically excluding wheeled vehicle activities (other than wheelchairs), rifle ranges and golf courses.
(6)
Active noncommercial recreation uses such as playing fields, playgrounds, courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 50 feet of abutting properties.
(7)
Water supply and sewage disposal systems, spray or drip irrigation fields, and stormwater detention areas designed, landscaped to replicate naturalistic conditions, and all the foregoing shall be available for use as an integral part of the open space. Community sewage treatment systems shall not be permitted in the common open space.
[Amended 11-12-2007 by Ord. No. 3-07]
(8)
Easements for drainage, access, sewer or water lines, or other public purposes, provided such areas do not occupy greater than 25% of the common open space.
(9)
Underground utility rights-of-way, aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required common open space, provided such areas do not occupy greater than 25% of the common open space.
(10)
Dwelling and accessory structures associated with a farmstead that occupied the site on the effective date of this chapter.
B.
Open space ownership and management standards. Designated open space shall be held under any one or more of the following forms or ownership, listed in order of preference, upon receiving approval of the Township:
(1)
Retained ownership of restricted open space.
(a)
Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.
(b)
All or portions of the designated restricted open space may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Board of Supervisors may require that responsibility for maintenance of restricted open space be conferred upon and/or divided among the owners of one or more individual lots.
(2)
Leaseback option. The Township, homeowners' association, or the condominium agreement, as the case may be, may permit all or portions of the open space lands to be leased back to a farmer. Approval of the leaseback option shall be conditioned on the following:
(3)
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners associations set forth in applicable Pennsylvania statues and regulations. In addition, the following standards shall be met:
(a)
The applicant shall provide the Board of Supervisors with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
(b)
The proposed association shall be established by the owner or applicant and shall be operating with financial subsidization by the owner or applicant, if necessary before the sale of any dwelling units in the development;
(c)
Membership in the association shall be automatic and mandatory for all purchasers of dwelling units therein and their successors in title, who shall have joint and undivided interests in any common areas;
(d)
The association shall be responsible for maintenance of common facilities and providing a policy of appropriate liability insurance in connection therewith;
(e)
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues and/or assessments. Such dues and/or assessments shall be paid with all accrued interest before the lien may be lifted;
(f)
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance of common facilities by another party must be given to all members of the association and to the Board of Supervisors not less than 30 days prior to such event;
(g)
The association shall have adequate staff to administer, maintain, and operate such common facilities;
(h)
The terms, conditions and content of the homeowners' association document agreement shall be reviewed and approved by the Township Solicitor;
(i)
Members of the association shall share equitably the cost of maintaining open space owned by the association. Shares and procedure shall be outlined in the association bylaws; and
(j)
A Township Administration representative shall be an ex officio, nonvoting member of the Homeowners' association Board. Additionally, the Homeowners Associations bylaws shall provide that the Township shall receive copies of all minutes and all financial statements and reports of the Association which shall be delivered to the Township.
(4)
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of 1980, as amended. All open land and common facilities shall be held as "common elements."
(5)
Dedication to private conservation organization or to the county. With permission of the Board of Supervisors, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the County provided that:
(a)
The conservation organization is acceptable to the Board of Supervisors and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper reverter or retransfers in the event that the organization becomes unwilling or unable to continue carrying out its functions;
(c)
The open space land is permanently restricted from future development through a conservation easement and the Board of Supervisors is given the ability to enforce these restrictions;
(d)
A maintenance agreement acceptable to the Board of Supervisors is established between the owner and the organization; and
(e)
A satisfactory maintenance agreement, including but not limited to, adequate provision to be made for enforcement of the maintenance agreement by the Board of Supervisors, shall be reached between the owner and the Board of Supervisors.
(6)
Dedication of easements to the Township. The Board of Supervisors may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Board of Supervisors. In addition, the following regulations shall apply:
(7)
Fee simple dedication to the Township. The Board of Supervisors may, but shall not be required to, accept any portion of the common facilities, provided that:
(a)
There is no cost of acquisition to the Township;
(b)
The Board of Supervisors agrees to and has access to maintain such facilities; and
(c)
Where improvements exist on the property, the Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months form the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.
C.
Maintenance. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(1)
Maintenance plan. The applicant shall, at the time of preliminary plan submission, provide a plan for perpetual maintenance of open space lands and operation of common facilities in accordance with the following requirements:
(a)
The plan shall describe the manner in which the restricted open space and any facilities included therein will be owned and by whom it will be managed and maintained;
(b)
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e. lawns, playing fields, meadow, pasture, cropland, woodlands) and land management practices used to conserve and perpetually protect this open space;
(c)
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
(d)
At the Board of Supervisors' discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common public facilities for up to one year; and
(e)
Any changes to the maintenance plan shall be approved by the Board of Supervisors.
(2)
Delinquency of maintenance. Regardless of the ownership option used for the designated open space, the following requirements shall apply:
(a)
Township notice. In the event an organization undertakes the responsibility of maintaining the designated open space and improvements and fails to maintain the same in reasonable order and conditions in accordance with the development plan, the Township may serve written notice (pursuant to Section 616.1 of Act 247, as amended) upon the person, organization, or party responsible or residents in the development setting forth the manner in which the organization has failed to properly maintain the common areas, and directing the responsible person, organization, or party to remedy the situation within a specified period of time.
(b)
Township action. The Township may, but shall not be obligated, upon thirty-day advance written notice to the responsible person, organization, or party to enter upon the open space and perform the necessary maintenance and take any other action to remedy the condition set forth in the Township's notice.
(c)
Township reimbursement. Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the responsible person, organization, or party within 10 days after written demand by the Township. Upon failure of the responsible person, organization or party to pay such costs by the time required, there shall be added thereto interest at the rate of 15% per annum as well as all costs incurred by the Township in collection thereof.
(d)
Such efforts shall not constitute a taking of the property nor vest the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the person, organization, or party responsible for maintenance. Such assessments shall be perfected by filing in the Office of the Prothonotary of Chester County, Pennsylvania.
§ 350-1127 Outdoor cafe.
An outdoor cafe shall adhere to the following:
A.
The outdoor cafe shall be part of an indoor restaurant with a minimum indoor seating capacity of 10 persons.
B.
Outdoor cafe uses, abutting or adjacent to residential uses, shall stop serving customers on or before 9:00 p.m. prevailing time on weekdays and clear all tables of food, beverages, and customers on or before 10:00 p.m., and shall stop serving customers on or before 10:00 p.m. prevailing time on weekends and clear all tables of food, beverages, and customers on or before 11:00 p.m.
C.
Beverages shall not be served in glass containers.
D.
This use shall not be located on or extend onto a public sidewalk or right-or-way.
E.
This use shall be associated with a principal use of a restaurant or tavern and shall be located abutting that building in which the principal use is located, and shall be located on the same lot as that principal use.
F.
The outdoor cafe should be separated from parking areas or traffic flow area by fencing or buffering, however in any location where the outdoor cafe is not separated from the flow of traffic or parking areas, no table shall be located within five feet of the curb or the boundary of that area, which ever is closer.
G.
The outdoor cafe must provide table service.
H.
The applicant shall maintain the outdoor cafe in accordance with all Township ordinances and state and federal laws, rule and regulations, as well as rules and regulations promulgated and adopted by the Township which pertain to this use.
I.
The applicant shall remove the outdoor cafe within 10 days after written notice by the Township Zoning Officer if determined that this use is detrimental to the health, safety, and general welfare of the Township or its residents as follows:
J.
The Township may, from time to time, add regulations or rules that it deems necessary to facilitate the purposes, as defined, and functioning of this use, and these rules and regulations shall be approved by the Board of Supervisors.
§ 350-1128 Quarrying or mining operation.
Quarrying and mining operations shall be subject to the following regulations:
A.
Minimum site area: 50 acres.
C.
Required information. When applying for a zoning permit, the applicant shall provide the following information in addition to that required by the standard zoning permit:
(1)
General site area. Plan of general area within one mile radius of the site, at a scale of no greater than 1,000 feet to the inch with a twenty-foot or less contour interval. The general site area plan shall include:
(a)
Location of proposed site;
(b)
Roads, including widths, weight loads, types of surfaces, and current traffic data;
(c)
Existing land use pattern including the location of existing buildings and historical sites and buildings; and
(d)
Existing and proposed uses or facilities within a one mile radius of the site including: subdivisions, parks, schools, churches, highways, and other uses potentially affecting or affected by the proposed quarry or mining operation.
(2)
Proposed site area. Plan of proposed site at a scale of no greater than 100 feet to the inch with a five-foot or less contour interval. The proposed site area plan shall include:
(a)
Soils and geology;
(b)
Groundwater data and watercourses;
(c)
Vegetation and dominant species;
(d)
Wind data with directions and percentage of duration; and
(e)
Proposed usage and operation including:
[1]
Final grading by contours;
[2]
Interior road pattern, its layout in relation to the operation yard and points of ingress and egress to state and Township roads;
[3]
Estimated amount and description of aggregate and overburden to be removed;
[4]
Ultimate use and ownership of site after completion of operation;
[5]
Source and amount of water to be used;
[7]
Soil embankments for noise, dust, and visual barriers and heights of spoil mounds;
[8]
Machinery type and associated noise levels; and
[9]
Safety measures and plan for monitoring of complaints.
(3)
The route of entry through the Township to the quarrying or mining operation use. Depending on the route of entry to the quarrying or mining operation use and the adequacy and carrying capacity of the roadways along such route of entry, the Township may require that a traffic study be performed to determine the number of trucks transversing that area of the Township and issues related to safety through populated areas. The Township also may require the posting of a bond for road maintenance for heavily traveled routes associated with the quarrying or mining operation use.
D.
Performance standards. The following performance standards shall apply to quarrying or mining operations:
(1)
No excavation, quarry wall, storage, or area in which processing is conducted shall be located within the required setbacks.
(2)
All excavations, except stone quarries over 25 feet in depth, shall be graded in such a way as to provide an area harmonious with the surrounding terrain and which does not pose a safety hazard. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation.
(3)
Drainage, either natural or artificial, shall be provided so that disturbed areas shall not collect water or permit stagnant water to remain.
(4)
The principal access shall be directly from a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined. Access to roads shall be a minimum of 40 feet from the intersection of any street and shall be so arranged as to minimize danger to traffic and avoid nuisance to surrounding properties.
(5)
When vegetative cover is the final use to which the tract is to be put, all that is not covered by water shall be covered with a sufficient amount of arable soil to support vegetation. A landscaping plan, per the standards in § 350-1206 and any other applicable standards of Chapter 300, Subdivision and Land Development, shall be prepared for the entire finished tract using plant material included on the approved plant list, in Appendix A, for the prevention of erosion.
(6)
Blasting shall not occur between the hours of 6:00 p.m. prevailing time and 7:00 a.m. prevailing time and shall adhere to the standards set forth in § 350-1214.
(7)
The quarrying or mining operation shall be filled in with soils or water upon completion of the site's use as a quarry or mining operation.
(8)
Stone quarries whose ultimate depth is more than 20 feet shall be provided with the following protection and screening:
(a)
A chain link fence at least 10 feet high with a slanted barbed wire top section that completely surrounds the area;
(b)
Warning signs shall be placed on the fence at intervals of no more than 100 feet and no lower than six feet above ground level;
(c)
Gates shall be closed and locked whenever the quarry is not in operation; and
§ 350-1129 Recreational use (outdoor and indoor).
Recreational uses shall be permitted when in accordance with the following standards:
A.
Noncommercial recreational uses or facilities.
(1)
Permitted uses. These uses include, but are not limited to, parks, play fields, playgrounds, hiking paths, arboretums, conservation areas, wildlife sanctuaries, cross country skiing, swimming pools, boating, horseback riding, fishing, foot, bicycle and bridle paths, picnic areas, tennis and other racquet game courts or any similar uses characteristically identified with open space areas, and of a noncommercial nature, but in accordance with the following development standards:
(2)
Minimum lot size: five acres.
(3)
General development standards. Noncommercial recreational uses or facilities shall adhere to the general development standards set forth in § 350-1129B(5).
B.
Commercial recreational uses or facilities. The standards under this subsection shall apply to such privately established recreational uses such as, but not limited to, country clubs, golf, swim, and tennis clubs, ice-skating rinks, theaters, and bowling alleys.
(1)
Minimum lot area.
(a)
The following aggregate minimum lot areas shall be required based on each proposed use:
Use | Minimum Lot Area |
|---|---|
Golf course (per 9 holes) | 50 acres |
Theater | 1 acre |
Bowling alley | 1 acre |
Outdoor swim or tennis club | 5 acres |
Indoor tennis, racquetball, or ice rink | 5 acres |
(b)
The minimum aggregate lot area for commercial recreational uses or facilities that are not listed above shall be determined by the application of standards herein as well as applicable regulations contained in Chapter 300, Subdivision and Land Development, and any other Township, county, state, or federal regulations.
(2)
The area or square footage necessary for recreational facilities including, but not limited to, tennis courts, basketball courts, soccer fields, baseball fields, and swimming pools shall be based on the specifications set forth in Planning and Design of Outdoor Sports Facilities, Departments of the Army, Navy, and Air Force, Fredonia Books, December 2003, as amended.
(3)
Any structure, building, parking, storage loading, or paved areas, excluding foot and bicycle paths, and necessary accessways to a public street, shall not be located closer than 50 feet to any lot line, and shall be screened from dwellings in accordance with Article XII. When located within or abutting a residential use or district.
(4)
Any permanent outdoor facility including, but not limited to, tennis courts and swimming pools which concentrates activities shall be set back a minimum of 100 feet from any property line and shall be screened from any residential district or use in accordance with Article XII.
(5)
Auxiliary uses, such as a restaurant or banquet facilities, shall be restricted in their use to employees, patrons, members and guests of the principal use.
(6)
General development standards.
(a)
Master plan requirements. A master plan for the entire tract of land shall be prepared as part of the application for a use under this section. The master plan shall provide sufficient data to ascertain the impact the facility will pose on the Township when it is complete.
(b)
Impervious coverage for the proposed use shall not exceed the maximum lot coverage standard of the applicable zoning district.
(c)
Buildings or structures shall be located no closer than 50 feet from any lot boundary or 100 feet from any residential property line.
(7)
Campground.
(a)
Campgrounds shall be developed under a plot plan for the entire site indicating driveways, sewage disposal facilities, evidence of sewage facilities by the authority having jurisdiction, type and method of water supply, and certification of approval of the plan by the Planning Commission.
(b)
Campgrounds may be a permanent, year-round installation provided however that no campground user shall be permitted to remain in such camp ground for a period exceeding 30 days. The operator of the campground shall deliver to the Board of Supervisors written management procedures sufficient to assure compliance with the thirty-day time limit, satisfactory to the Board of Supervisors, which shall be made a condition of the zoning permit.
(c)
The use shall have direct access to a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
(d)
There shall be no more than one point of egress to each street on which the lot abuts.
(e)
The access shall be set back at least 40 feet from street intersections. The distance shall be measured from the street right-of-way to the edge of the access driveway.
(f)
No speaker shall be installed at such use that would cause sounds to emanate beyond the exterior of the premises.
(g)
At least one attendant shall be on duty at all times.
§ 350-1130 Recycling center.
A recycling center shall be permitted when in accordance with the following standards:
A.
Operation of a recycling facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of PaDEP, and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive regulations shall supersede and control.
B.
Minimum lot size. Minimum lot size shall be based on applicable standards set by PaDEP, or any other applicable state or federal regulations. In no case shall the minimum lot size for a recycling center be less than five acres.
C.
Storage of recycled material shall:
(1)
Be within containers that prevent the material from being carried from the work area by wind or water;
(2)
Prevent the inhabitation of vectors;
(3)
Be set back a minimum of 100 feet from a property line and street line.
(4)
Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property. The storage of paper shall be within a fully enclosed building or trailer.
D.
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every recycling center shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and maintained in a uniform color.
E.
Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the Township. To control blowing paper, a fence shall be erected with a minimum height of eight feet, with openings not more than three inches by three inches along all boundaries.
F.
An intensive buffer, per the requirements of Article XII, shall be required between the required fence and the street line and along any edge of the property adjacent to a residential use or district.
G.
Unloading of materials shall be continuously supervised by a facility operator.
H.
Hazardous waste included on the list of hazardous waste maintained by PaDEP shall not be disposed of at a recycling center. No municipal, solid, or hazardous waste shall be processed or stored at a recycling center.
I.
The route of entry through the Township to the recycling center. Depending on the route of entry to the recycling center and the adequacy and carrying capacity of the roadways along such route of entry, the Township may require that a traffic study be performed to determine the number of trucks transversing that area of the Township and issues related to safety through populated areas. The Township also may require the posting of a bond for road maintenance for heavily traveled routes associated with the recycling center.
J.
When this use is combined with a transfer station, the separation of material shall be done so that the recycling process does not interfere with the prompt disposal of the municipal solid waste.
K.
The principal access to the site shall be from a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
L.
A zoning permit shall be obtained and renewed on an annual basis.
§ 350-1131 Religious use or place of worship.
Churches, places of worship, and other religious uses shall be subject to the following regulations:
A.
The minimum lot area shall be two acres.
B.
Uses permitted under this category:
C.
Accessory uses to a religious use and on the same lot as a primary religious use shall meet the following:
(1)
Accessory uses shall meet area and bulk requirements of the zoning district in which they are located and shall be in accordance with this article.
(2)
Accessory uses shall be setback a minimum of 50 feet from a residential use or district. Any outdoor play areas shall be in accordance with § 350-1112A(3).
§ 350-1132 Residential conversion.
The following requirements shall apply for residential conversions:
A.
Single-family detached dwellings converted to two or more dwelling units shall maintain the appearance of a single-family detached dwelling with a single front entrance. The resulting dwelling units may share a single front entrance. Additional entrances, when required, may be placed on the side or rear of the buildings. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall, and shall in no case be located on a front facade facing a street. Except as may be necessary for these reasons of safety, there shall be no major structural change of the building in connection with the residential conversion.
B.
The minimum lot area and bulk regulations for single-family detached dwellings in the district in which the residential conversion is proposed shall be met.
C.
The following minimum floor areas requirements shall be met:
Type of Unit | Minimum Floor Area (square feet) |
|---|---|
Efficiency | 450 |
1 bedroom | 550 |
2 bedrooms | 700 |
3 bedrooms (maximum permitted) | 800 |
D.
Separate kitchen and bathroom facilities shall be provided per unit. All applicable Township Building Code and Chester County Health Department regulations and permits requirements regarding the installation of these facilities shall be met and indicated on all plans. Approval from all applicable agencies is necessary prior to issuance of a building permit by the Township.
E.
Trash receptacles shall be screened so as not to be visible from the street or abutting properties except on scheduled days for trash pick-up.
F.
Site and floor plans for the residential conversion shall be included with the application for conversion indicating both exterior and interior building alterations.
§ 350-1133 Restaurant.
The following regulations shall apply to restaurants:
A.
The use shall have access to either a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
B.
Trash receptacles shall be provided outside of the restaurant for patron use, but shall not be located closer than 25 feet to any residential use or district.
C.
A trash storage area shall be provided which is screened from the street and adjacent properties to create a visual barrier from the street and adjacent properties and to prevent trash from blowing from the area in accordance with § 350-1206. Trash areas shall be located to permit safe and accessible trash removal.
D.
When this use is adjacent to or on the same lot with other commercial uses, there shall be a common accessway. Access shall be a minimum of 40 feet from street intersections, and shall meet the access requirements of § 350-1207. The distance shall be measured from the street right-of-way to the edge of the access driveway.
§ 350-1134 Riding academy and stables.
The following regulations shall apply for stables and riding academies:
A.
The minimum size of a riding academy shall be four acres for the first horse and one acre for each additional horse which is maintained, stabled or pastured on the premises.
B.
No facility including rings, jumping or show areas shall be closer than 50 feet to street line and residential uses or districts, and 30 feet to other property lines.
C.
The entire periphery of all grazing areas must be enclosed by a well-maintained fence.
D.
In the event a bridle path crosses a road, the property owner shall be responsible for posting a sign indicating such use, in compliance with applicable procedure and regulations for road signs and signage in Article XIV and Pennsylvania Department of Transportation requirements.
§ 350-1135 Self-storage units/mini-warehouse.
Self-storage uses shall be permitted when in accordance with the following standards:
A.
Access shall be from a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
B.
The minimum aisle width between buildings shall be 20 feet.
C.
The use shall be subject to review by police and fire officials regarding security and fire protection.
D.
Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.
E.
No business activity other than leasing of storage units shall be conducted on the premises.
F.
All storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.
G.
Outdoor storage shall comply with the following requirements:
(1)
Outdoor storage of automobiles, boats, and recreation vehicles is permitted provided they are screened so as not to be visible from adjacent streets, residential uses or residentially zoned land.
(2)
A maximum of 20% of the total site area may be used for such outdoor storage.
(3)
Stored vehicles shall not interfere with traffic movement through the complex.
(4)
The storage facilities complex shall be surrounded by a fence at least eight feet in height.
(6)
Screening when abutting a residential use or district shall be in accordance with the commercial buffer requirements.
§ 350-1136 Shopping center.
A shopping center shall the follow the following standards. These criteria shall also apply to any single proposed retail use more than 20,000 square feet in gross floor area:
A.
The area and bulk regulations for shopping center under the applicable zoning districts shall apply.
B.
Primary access shall be from a collector or arterial road, as designated in the Comprehensive Plan, and as herein defined.
C.
No building or permanent structure, other than a sign, shall be permitted within 25 feet from a lot line and 15 feet of the street line.
D.
No parking, loading, or service area shall be less than 25 feet from any property line and less than 10 feet from any street line.
G.
Interior roadways for access and circulation shall be provided in accordance with the standards in Chapter 300, Subdivision and Land Development.
H.
Establishments furnishing shopping carts shall provide defined areas on the site for the storage of such carts that shall be clearly marked and designed for such use.
I.
Trash receptacles for patron use shall be provided outside of any establishment with takeout service or convenience shopping.
J.
Sidewalks shall be provided along all street frontage and pedestrian access to sidewalks on or adjacent to the property shall be provided. The continuation of the sidewalk network is encouraged within the Rural Center and Village Zoning Districts.
K.
The shopping center use shall contract with a security firm to provide on-site security.
§ 350-1137 Transfer station.
A transfer station shall be permitted when in accordance with the following standards:
A.
Operation of a transfer station shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the rules and regulations of PaDEP, and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive regulations shall supersede and control.
B.
Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the Township. To control blowing paper, a fence shall be erected with a minimum height of eight feet, with openings not more than three inches by three inches, along all boundaries.
C.
An intensive buffer shall be required between the fence and the street line and property line, in accordance with Article XII.
D.
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every transfer station shall be protected by locked barricades, fences, gates, or other means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least eight feet high and shall be kept in good repair and maintained in a uniform color.
E.
The entire transfer process, which includes unloading, compaction, and loading onto the transfer trucks shall occur inside a building. Unloading of materials shall be continuously supervised by a facility operator.
F.
At the end of each work day, all municipal solid waste shall be compacted in a transfer container. Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.
G.
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the Township and approved by Board of Supervisors.
H.
Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PaDEP regulation.
I.
Sanitary landfill operations and open burning of any materials shall be specifically prohibited.
J.
A zoning permit shall be obtained and renewed on an annual basis, and any required fees shall be in accordance with the Township fee schedule.
K.
A transfer station may include the separation and collection of material for the purpose of recycling if the standards of § 350-1130 for a recycling center are met.
L.
Transfer stations shall be constructed on an all-weather, impervious surface to avoid the negative environmental impact of direct seepage of waste into the ground during operation.
M.
The route of entry through the Township to the transfer station. Depending on the route of entry to the transfer station and the adequacy and carrying capacity of the roadways along such route of entry, the Township may require that a traffic study be performed to determine the number of trucks transversing that area of the Township and issues related to safety through populated areas. The Township also may require the posting of a bond for road maintenance for heavily traveled routes associated with the transfer station.
§ 350-1138 Uses within an historic resource.
Certain structures are of an historic character and their preservation will help protect the character of the Township, the value of the land as well as educate residents as to the history of the Township. Many historic structures have become obsolete in size or layout or are expensive to renovate or reuse for uses that are otherwise allowed under existing zoning, and so it is the purpose herein to encourage the preservation of historic resources by permitting additional uses, subject to restrictions as set forth as follows:
A.
Within all zoning districts in the Township, when built as an original structure or as modified in accordance with applicable requirements of the appropriate agency or governing authority in an historic resource as designated on the West Caln Township Historic Sites Survey, the use of such buildings as single-family detached dwelling, single-family attached dwellings, and two-family detached dwellings are permitted by conditional use under Article XVI, in addition to other uses permitted in the district. The Township is permitting these additional uses in order to encourage the preservation of historic resources.
B.
The applicant shall make every effort to preserve the integrity of the exterior of the historic resource and shall use as a guideline the Secretary of the Interior's Standards for Rehabilitation. Distinctive features, construction techniques or examples of craftsmanship shall be preserved. The applicant must demonstrate to the Township through plans by a qualified architect that these standards have been taken into account and met to the greatest extent possible for the exterior of the historic resource, barring safety issues.
C.
Square footage shall be as set in the applicable zoning district, or as otherwise permitted by the Board of Supervisors in order to allow the reuse of a historic resource.
D.
The West Caln Township Historic Sites Survey is hereby adopted for the purposes set forth in this section. Any owner of a structure not included on the Historic Sites Survey and, thus, not eligible for the benefits conferred by this section, may appeal to the Zoning Hearing Board requesting inclusion of such structure on the Historic Sites Survey. The Zoning Hearing Board may, with the recommendation of the Township Historic Commission, after a hearing and presentation of testimony by interested parties, amend the Historic Sites Survey to include such structure, if the following conditions are satisfied in the judgment of the Zoning Hearing Board, taking into account all testimony presented:
(1)
The structure becomes listed in or eligible for the National Register of Historic Places and proof thereof is presented; or
(2)
If the structure is at least 100 years old; retains substantially all of its original exterior architectural features; meets substantially all of the criteria of historic affiliation, architecture, integrity, use, and other features which characterize a majority of the structures identified on the Historic Sites Survey; and if testimony as to the foregoing facts shall be presented on behalf of the applicant by an architect or architectural historian competent to testify in the matters presented.