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West Lampeter Township
City Zoning Code

ARTICLE V

Specific Criteria

§ 285-47 Applicability.

A. 
This article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.
(1) 
For uses allowed within a specific zoning district as special exception uses, see also the procedures and standards in § 285-6. For conditional uses, see also § 285-7.

§ 285-48 Additional requirements for specific principal uses.

A. 
Each of the following uses shall meet all of the following requirements for that use:
(1) 
Adult use. (This is limited to the following: adult bookstore, adult movie theater, massage parlor, or adult live entertainment facility.)
(a) 
Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter.
[1] 
To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Township. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.
[2] 
To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.
[3] 
To not attempt to suppress any activities protected by the free speech protections of the State and U.S. Constitutions, but instead to control secondary effects.
(b) 
An adult use and its parking area shall not be located within any of the following distances, whichever is most restrictive:
[1] 
Seven hundred fifty linear feet from the lot line of an existing dwelling;
[2] 
Seven hundred fifty linear feet from the lot line of any residential zoning district;
[3] 
One thousand linear feet from the lot line of any primary or secondary school, place of worship, library, public park, day-care center, child nursery or other location where minors congregate.
(c) 
No adult use shall be located within 750 linear feet from any existing adult use.
(d) 
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.
(e) 
No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(f) 
No adult use shall be used for any purpose that violates any federal, state or municipal law.
(g) 
Obscene or pornographic signs shall be prohibited.
(h) 
The adult use shall not include the sale or display of obscene materials, as defined by Pennsylvania Criminal Law, as may be amended by applicable court decisions.
(i) 
A minimum lot area of two acres is required.
(j) 
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(k) 
No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor between employees or entertainers and customers. At an adult live entertainment use, employees or entertainers shall maintain a minimum distance of three feet from customers.
(l) 
Only "lawful" massages, as defined by state court decisions, shall be performed in a massage parlor.
(m) 
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment facility.
(n) 
Any application for such use shall state the names and home addresses of a) all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use; and b) an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
(o) 
The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.
(p) 
As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.);[1] Act 207 of 1990 (which pertains to obscenity); and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths, among other matters).
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
(q) 
An adult use shall not exist within the same building as a use with a liquor license.
(r) 
The use shall comply with the Township Obscenity Ordinance (Ordinance No. 86, 1986), as amended.[2]
[2]
Editor's Note: See Ch. 85, Adult Entertainment.
(2) 
Adult day-care center.
(a) 
The use shall be fully licensed by the state, if required by the state.
(b) 
The use shall include constant supervision during all hours of operation.
(c) 
The use shall not meet the definition of a "treatment center."
(3) 
After-hours club. This use is effectively prohibited by State Act 219 of 1990, as amended (18 Pa.C.S.A. § 7327).
(4) 
Airport.
(a) 
The minimum lot area shall be 30 acres.
(b) 
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
(c) 
The applicant shall furnish evidence of the obtainment of a license from the PennDOT Bureau of Aviation prior to the approval of the conditional use application.
(d) 
No part of the takeoff/landing strip and/or pad shall be located nearer than 500 feet from any property line.
(e) 
Clear zones established as required by applicable state and federal laws and regulations shall not infringe on the existing development rights of adjoining properties as allowed by current applicable zone.
(f) 
Any takeoff or landing strip and/or pad must be certified by a professional structural engineer for the sufficiency of its load bearing capacity to adequately handle all aircraft.
(5) 
Animal cemetery.
(a) 
All the regulations for a cemetery in this section shall apply.
(b) 
The applicant shall prove to the satisfaction of the Zoning Officer that the use will be conducted in such a manner that the public health and groundwater quality will not be threatened.
(6) 
Assisted living facility/personal care center. The standards for nursing homes in this section shall apply.
(7) 
Auto, boat or mobile/manufactured home sales.
(a) 
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 285-22.
(b) 
See light and glare standards in § 285-55.
(c) 
Any mobile/manufactured homes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.
(8) 
Auto repair garage.
(a) 
All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 250 feet of a residential lot line.
(b) 
All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Article V. See buffer yard requirements in § 285-22.
(c) 
Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.
(d) 
Overnight outdoor storage of junk other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.
(e) 
Any junk vehicle (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f) 
Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.
(g) 
Any auto repair garage as defined in § 285-33 proposed to be located within the MS District as a conditional use must also comply with all requirements of § 285-7 as well as the additional provisions and design guidelines for uses within the MS Districts contained in § 285-43.
(h) 
Any building housing an auto repair garage as defined in § 285-33 proposed to be located in the MS District as a conditional use which is located on a lot with multiple buildings, and which exceeds 100 feet in length shall be located within the interior of the lot and must be screened and buffered from the front of the lot by plantings or similar means as determined by the Board of Supervisors. Any building proposed for such a use which exceeds 50 feet in length must submit design guidelines at the time of application for the conditional use.
(9) 
Auto service station.
(a) 
See definition of this term and "auto repair garage" in Article II. The uses may be combined if the requirements for each are met.
(b) 
All activities except those to be performed at the fuel or air pumps shall be performed within a building. The use shall not include spray painting.
(c) 
Fuel pumps shall be at least 30 feet from the existing street right-of-way and shall meet side yard principal building setback requirements. Required parking for fuel pumps is in addition to those adjacent to the fuel pumps themselves.
(d) 
Overnight outdoor storage of junk shall be prohibited within view of a public street or dwelling. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(e) 
Any junk vehicle (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(f) 
The use may include a convenience store if the requirements for such use are also met.
(g) 
A canopy shall be permitted over the gasoline pumps with a minimum front yard setback of 20 feet from each street right-of-way line.
[1] 
Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following: a) a sign may be attached to each of two sides of the canopy in place of an allowed freestanding sign; b) an allowed wall sign may be placed on a portion of the canopy that is behind the minimum front yard setback line; and c) necessary warning signs.
[2] 
Within the minimum front yard building setback, the distance between the ground level and the bottom of the canopy shall not be greater than 20 feet. Parts of a sloped canopy may have a taller height if the purpose of the taller height is to deflect soot and glare away from the street or neighboring properties.
(h) 
Fuel tanks and dispensers and ventilation equipment shall be set back a minimum of 100 feet from the lot line of any residential or institutional use (such as a school or nursing home).
(10) 
Bed-and-breakfast inn. Where authorized in a zoning district, bed-and-breakfasts are permitted by special exception subject to the following criteria:
(a) 
A bed-and-breakfast may erect one sign which shall comply with Article VII.
(b) 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used.
(c) 
The applicant shall furnish proof of any needed approvals from the Department of Labor and Industry, or its official successor review agency.
(d) 
The operator of the bed-and-breakfast shall be required to keep an annual register with the name of all guests and their length of stay, which shall be made available for inspection by the Zoning Officer, upon request.
(e) 
One off-street parking space shall be provided for each room available for rent in addition to those required for the dwelling unit. Such off-street parking shall be set back at least 25 feet from any adjoining land within the Rural Agricultural District and/or the Rural Residential District; in other districts, such off-street parking shall be set back at least 10 feet, and screened, from adjoining properties.
(f) 
Within the R-1 Residential District, R-2 Residential District and/or the R-3 Residential District, a bed-and-breakfast shall only be permitted within a single-family detached dwelling that contains at least 3,000 square feet of indoor floor space. No modifications to the external appearance of the building that would alter its residential character shall be permitted unless such modifications are required by other state and local regulations and the applicant can demonstrate that such alterations cannot be accomplished in a manner that is consistent with its residential appearance. Also, the subject property shall front on an arterial or collector road.
(g) 
Within the Agricultural and/or the Rural Residential Districts, a bed-and-breakfast must have a minimum lot size of two acres.
(h) 
For the purposes of this chapter, a bed-and-breakfast shall be defined as a single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Breakfast may be offered only to registered overnight guests.
(i) 
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(j) 
Applicant must provide documentation of hotel tax registration and compliance.
(k) 
The number and location of bedrooms within a bed-and-breakfast establishment shall be limited as follows:
[1] 
Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following: a) a sign may be attached to each of two sides of the canopy in place of an allowed freestanding sign; b) an allowed wall sign may be placed on a portion of the canopy that is behind the minimum front yard setback line; and c) necessary warning signs.
[2] 
Within the Rural Agricultural District and within the Rural Residential District, a bed-and breakfast may contain up to five bedrooms.
(11) 
Boardinghouse (includes rooming house).
(a) 
Minimum lot area: one acre.
(b) 
Minimum side yard building setback: 30 feet on each side.
(c) 
Maximum density: six bedrooms per acre, but in no case shall the lot serve a total of more than 20 persons.
(d) 
Each bedroom shall be limited to two adults each.
(e) 
A buffer yard with screening meeting § 285-22 shall be provided between any boardinghouse building and any abutting dwelling.
(f) 
Note: There are separate standards for an assisted living facility, which is not considered a boardinghouse.
(g) 
Signs shall be limited to two wall signs with a maximum of two square feet each.
(h) 
Rooms shall be rented for a minimum period of five consecutive days.
(12) 
Campground or camp.
(a) 
Within a residential district, for each acre of total lot area, there shall be a maximum average of: a) five recreational vehicle sites (where allowed); b) 10 tent sites; or c) cabin sleeping capacity for 20 persons. Such sites may be clustered in portions of the tract. Such maximum density shall not apply within a commercial district.
(b) 
Retail sales shall be allowed as an accessory use. Within a residential district, any store shall be limited to sales of recreational, household, food, gift and camping items. Within a residential district, any store shall be primarily intended to serve persons camping on the site.
(c) 
For a campground, the requirements of the Subdivision and Land Development Ordinance[3] shall also apply.
[3]
Editor's Note: See Ch. 240, Subdivision and Land Development.
(d) 
Minimum lot area: 10 acres.
(e) 
All campsites and principal commercial buildings shall be set back a minimum of 75 feet from any contiguous lot line of an existing dwelling that is not part of the campground or camp. Within this buffer, the applicant shall prove to the maximum extent feasible that any existing healthy trees will be maintained and preserved. Where healthy mature trees do not exist within this buffer and if practical considering soil and topographic conditions, new trees shall be planted within this buffer.
[1] 
The screening of evergreens provided in § 285-65 between business and residential uses is not required if the tree buffer would essentially serve the same purpose or if removal of mature trees would be needed to plant the shrubs.
[2] 
Removal of trees within this buffer shall be allowed for necessary approximately perpendicular street, stormwater channel, driveway and utility crossings and to provide safe sight distance.
(f) 
Buildings used for sleeping quarters shall not be within the 100-year floodplain. See maximum steep slope disturbance provisions in the Subdivision and Land Development Ordinance.[4]
[4]
Editor's Note: See Ch. 240, Subdivision and Land Development.
(g) 
Maximum impervious coverage. Within a residential district: 10%, which shall include the typical lot area covered by recreational vehicles at full capacity. Within any other district, the maximum impervious coverage shall be the percentage that applies to that zoning district.
(h) 
No person other than a bona fide resident manager/caretaker shall reside on the site for more than six months in any calendar year. No recreational vehicle shall be occupied on the site for more than six months in any calendar year by any one individual or one family, other than a resident manager/caretaker.
(13) 
Car wash.
(a) 
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.
(b) 
Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.
(c) 
Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
(d) 
Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(e) 
No portion of a car wash shall be located within 100 feet from the center line of a perennial waterway.
(f) 
Each washing bay shall provide a fifty-foot long on-site stacking lane.
(g) 
All structures housing washing apparatuses shall be set back 25 feet from any side lot line.
(h) 
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter.
(i) 
The subject property shall front on an arterial or collector road.
(j) 
Gray water recycling and treatment equipment shall be incorporated as part of the facility operations. All such equipment shall include provisions for the collection of waste, grease, oil, soap, wax, and other materials that can't be recycled or utilized as part of the operations.
(k) 
The side and rear lot lines of the facility shall be adequately screened with a fifteen-foot-wide landscaped strip or buffer yard,
(l) 
All exterior speaker, microphone or intercom systems shall be designed in a manner so the messages, music or other sounds are not audible at any street line or property line.
(14) 
Cemetery.
(a) 
Minimum lot area: two acres.
(b) 
A crematorium, where allowed by Article III, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
(c) 
All structures and graves shall be set back a minimum of: 30 feet from the future right-of-way of any public street, 10 feet from the cartway of an internal driveway, and 20 feet from any other lot line. Any buildings with a height greater than 20 feet shall be set back a minimum of 50 feet from all lot lines.
(d) 
No grave sites and no structures shall be located within the 100-year floodplain.
(e) 
The applicant shall prove to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that the use will include an appropriate financial system to guarantee perpetual maintenance.
(15) 
Commercial communications antenna/tower as principal or accessory use.
(a) 
A cell site with antenna that is attached to an existing communications tower, smokestack, water tower, farm silo, or other tall structure, is permitted in all zones, provided:
[1] 
That the height of the antenna shall not exceed the height of the existing structure by more than 10 feet.
[2] 
All other uses associated with the cell site antenna, such as a business office, maintenance depot, or vehicle storage, shall not be located on the cell site, unless the use is otherwise permitted in the zone in which the cell site is located.
(b) 
A cell site with antenna that is either not mounted on an existing structure or is more than 10 feet higher than the structure on which it is mounted is permitted subject to the following:
[1] 
The applicant shall be required to demonstrate, using technological evidence, that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system.
[2] 
If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of all tall structures and cell site antenna within a one-quarter-mile radius of the proposed site, asked for permission to install the antenna on those structures, and was denied for reasons other than economic reasons. This shall include smokestacks, water towers, tall buildings, antenna support structures of other cellular phone companies, other communications towers, farm silos, and other tall structures.
[3] 
The applicant must demonstrate that the antenna is the minimum height required to function satisfactorily.
[4] 
If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following: 1) 30% of antenna height, 2) the minimum setback in the underlying zone, or the height of the support structure, whichever is greater, or 3) 40 feet.
[5] 
The applicant shall demonstrate that the proposed antenna support structure is safe, and that the surrounding area will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or ratio frequency interference.
[6] 
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 a maximum of eight feet in height.
[7] 
The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building).
[a] 
An evergreen screen shall be required to surround the site. The screen can be either a hedge or a row of evergreen trees. The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.
[b] 
All elements of the evergreen screen shall be properly maintained according to standard arborist practices and replaced in kind should any element die.
[c] 
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
[8] 
The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building).
[9] 
The applicant must be licensed by the Federal Communications Commission (FCC).
[10] 
If a cell site is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift, but in any event, may not be less than two off-street parking spaces.
[11] 
No antenna support structure may be artificially lighted, except when required by the Federal Aviation Administration (FAA).
[12] 
All other uses associated with the cell site antenna, such as a business office, maintenance depot, or vehicle storage shall not be located on the cell site, unless the use is otherwise permitted in the zone in which the cell site is located.
[13] 
The applicant shall submit a plan for the removal of the facility when it becomes functionally obsolete or is no longer in use. The applicant shall be responsible for the removal of the facility within three months from the date the applicant ceases use of the facility, or the facility becomes obsolete.
(16) 
Conversion apartment.
(a) 
A single-family detached dwelling existing on March 14, 1978, may be converted into, and used as, a two-family dwelling, in the RR, TV, and MS Districts, when authorized as a special exception in accordance with the following standards and criteria:
[1] 
Drawings for the conversion of said dwelling shall be submitted to the Zoning Hearing Board, accompanied by certificates of approval from any governmental agencies or other entities having jurisdiction, where two families are to be housed above the ground floor.
[2] 
Such drawings shall provide adequate and suitable parking space at a safe distance from the public highway. There shall be at least three parking spaces per dwelling unit.
[3] 
Such dwelling shall be subject to the height, area, width and yard regulations effective in the district wherein such dwelling is situated except that there shall be a lot area not less than the product of the minimum lot area prescribed in the district regulations and the number of families for the use for which such dwelling is to be converted.
[4] 
There shall be no external alteration of the building except as may be necessary for reasons of safety, and fire escapes and outside stairways shall, where practicable, be located in the rear of the building.
[5] 
No dwelling unit shall have less than 800 square feet of habitable floor area.
[6] 
The Zoning Hearing Board may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling, and to the use of the lot, as the Board may consider appropriate.
[7] 
If such single-family detached dwelling is served by an individual on-lot sewage system, the applicant shall present evidence that such sewage system has been designed so that it has a capacity to properly treat and dispose of the sewage to be generated by the additional dwelling unit and that it has been properly maintained, unless the system shall be suitably expanded and/or repaired. Any connections to and/or expansion of and/or repair of the individual on-lot sewage disposal system shall be reviewed by the Township Sewage Enforcement Officer. The applicant shall present evidence of such review and all necessary approvals.
(17) 
Day-care, commercial.
(a) 
See also "day care" as an accessory use in § 285-49.
[1] 
The pickup area and dropoff area shall be designed so that passengers do not have to cross traffic lanes within or adjacent to the site. The pickup area and dropoff area shall be designed with sufficient on-site stacking or queuing lanes in order to prevent the traffic congestion and/or the backups onto adjoining roads or adjacent properties.
[2] 
One off-street parking space shall be provided for each six individuals enrolled plus one space per employee.
[3] 
An outdoor play area shall be provided which shall meet all regulations set forth by the Commonwealth of Pennsylvania as part of the licensing requirements for day-care facilities.
[4] 
Outdoor play areas shall not be located within the front yard and shall be set back at least 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a four-foot to six-foot-high fence and screened from adjoining residentially zoned properties.
[5] 
The day care facility shall be serviced by public water supply facilities (where available), which shall be consistent with any plans and ordinances adopted by West Lampeter Township.
[6] 
The day-care facility shall be serviced by public sanitary sewer facilities, which shall be planned in accordance with the most recent update to the West Lampeter Township Sewage Facilities Plan as well as any ordinances adopted by West Lampeter Township.
(18) 
Emergency services station.
(a) 
The following uses shall be allowed as accessory uses to the principal use of a fire company station or ambulance station: a banquet hall, bingo games, fairgrounds for periodic special events, indoor rental storage, and auction house. Any building(s) detached from the fire company station that are used for such purposes shall 1) not cover more than 10% of the total lot area; and 2) be set back a minimum of 60 feet from the lot line of an existing dwelling and be separated from such residential lot line by a buffer yard meeting § 285-22.
(19) 
Forestry. See "timber harvesting" in this section.
(20) 
Golf course. A golf course may include a restaurant or clubhouse, provided that such building is located a minimum of 150 feet away from any lot line of an existing dwelling. The maximum impervious area covered by man-made surfaces shall not exceed 5% of the total lot area of the golf course.
(a) 
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway.
(b) 
Golf cart paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.
(c) 
The golf course design shall minimize golf cart path crossings of streets, access drives and driveways. Easily identifiable golf cart paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf cart path crossings of streets, access drives and driveways. Golf cart path crossings shall conform with the following:
[1] 
Each crossing shall be perpendicular to the traffic movements.
[2] 
Golf cart path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment.
[3] 
The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.
[4] 
Golf cart path crossings shall be signed warning motorists and pedestrians and golfers.
[5] 
The surface of the golf cart path shall be brightly painted with angle stripes.
[6] 
Golf cart path crossings of collector or arterial streets shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial street crossing of the tunnel shall comply with PennDOT standards.
(d) 
All golf course buildings shall be set back 75 feet from any adjoining streets and 100 feet from adjoining residential structures or lots.
(e) 
Golf courses may include the following accessory uses, provided such uses are reasonably sized, and located so as to provide incidental service to the golf course employees and users:
[1] 
Clubhouse, which may consist of: restaurant, snack bar, lounge, and banquet facilities; locker rooms and restrooms; pro shop; administrative offices; golf cart and maintenance equipment storage and service facilities; fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms; babysitting rooms and connected fence-enclosed playlots.
[2] 
Accessory recreation amenities located outside of a building, including: driving range, provided that no lighting is utilized; practice putting greens; swimming pools; tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts; bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses; picnic pavilions, picnic tables, park benches, and barbecue pits; hiking, biking, horseback riding, and cross-country ski trails; and playground equipment and play lot games, including four-square, dodge ball, tetherball, and hopscotch.
[3] 
Freestanding maintenance equipment and supply buildings and storage yards.
(f) 
All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and streets.
(g) 
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining streets.
(21) 
Groundwater or spring water withdrawal involving removal of an averaging of more than 10,000 gallons per day from a lot for off-site consumption. (Note: If the water is being utilized for used on adjacent lots or as part of a public water system, it shall not be considered off-site consumption.
(a) 
See § 285-14. The regulations of this Subsection A(21) shall not apply to water used by a principal agricultural use within the Township.
(b) 
If the water will be trucked off site, the applicant shall provide a written report by a professional engineer with substantial experience in traffic engineering. Such study shall analyze the suitability of the area street system to accommodate the truck traffic that will be generated. The application shall only be approved if the applicant proves to the satisfaction of the Board of Supervisors that the area street system is suitable in terms of structure, geometry, safety and capacity to accommodate the additional truck traffic.
(c) 
If the water will be trucked off site, any area used for loading or unloading of tractor-trailer trucks shall be set back a minimum of 150 feet from any adjacent residential lot.
(d) 
Minimum lot area: five acres, plus an additional five acres for each 20,000 gallons per day of capacity of withdrawal, up to a maximum of 100 acres.
(e) 
Any bottling or processing operations shall be considered a distinct use and shall only be allowed if food or beverage manufacturing is an allowed use under Article III or Article IV.
(22) 
Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
(a) 
The use shall meet the definition in § 285-33.
(b) 
Minimum lot size of one acre.
(c) 
A group home shall not include any use meeting the definition of a treatment center.
(d) 
A group home shall include the housing of a maximum of six unrelated persons, except:
[1] 
If a more restrictive requirement is established by another Township code;
[2] 
The number of bona fide paid professional staff shall not count towards such maximum; and
[3] 
As may be approved by the Zoning Hearing Board under § 285-11D.
(e) 
The facility shall have adequately trained staff supervision for the number and type of residents. If the facility involves five or more residents, then twenty-four-hour on-site staffing shall be provided.
(f) 
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.
(g) 
The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
(h) 
Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.
(i) 
Parking. See § 285-27.
(j) 
If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
(k) 
The persons living on site shall function as a common household unit.
(l) 
The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.
(m) 
An off-street parking space shall be provided for the largest vehicle that serves the use.
(n) 
The building shall have lighted exit lights, emergency lighting and interconnected smoke alarms.
(23) 
Heliport.
(a) 
The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.
(b) 
The Zoning Hearing Board may place conditions on the size of helicopters, frequency of use, fueling facilities and hours of operation to minimize nuisances and hazards to other properties.
(24) 
Hotel or motel.
(a) 
See definitions in § 285-33, which distinguish a hotel/motel from a boardinghouse.
(b) 
Buildings and tractor-trailer truck parking shall be a minimum of 50 feet from any residential lot line.
(c) 
Every owner and/or operator of a hotel or motel in the Township shall maintain a register of all persons provided with accommodations at the hotel.
(d) 
On arrival of a guest, the hotel owner and/or operator or his or her agent shall require the guest to enter into the register, or shall enter for the guest, the following: the name and address of the guest; the make, model, and color of any guest's vehicle parked on hotel property; the guest's date and time of arrival and scheduled departure date; the room number assigned to the guest; the number of persons in the guest's room; the rate charged and amount collected for the room; and the method of payment.
(e) 
The hotel owner and/or operator or his or her agent shall view photo identification of a guest and record the number and date of such identification in the following circumstances: when a guest has no reservation; or when a guest pays for accommodations in cash; or when a hotel rents a room to a guest for less than 10 hours.
(f) 
The guest register may be maintained in either electronic or paper form.
(g) 
The guest register shall be kept for a period of 90 days either on the hotel premises, in the guest reception or guest check-in area or in an office adjacent thereto, or, if not on the premises, in a location where it can be obtained within two hours of any request therefore.
(h) 
The hotel owner and/or operator or his or her agent shall not provide accommodations to any person who fails to provide the information required by this subsection. However, this subsection shall be read consistently with Pennsylvania law, including the Pennsylvania Human Relations Act, 43 P.S. § 951 et seq. (the "Act"), and any similar law, and accommodations shall not be refused or denied based upon the factors set forth in Section 3 of the Act.[5]
[5]
Editor's Note: See 43 P.S. § 953.
(25) 
Indoor and outdoor commercial recreation.
(a) 
If the subject property contains more than two acres, it shall front on an arterial or collector road, as identified in the SALDO.[6]
[6]
Editor's Note: See Ch. 240, Subdivision and Land Development.
(b) 
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
(c) 
Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy.
(d) 
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
(e) 
Required parking will be determined based upon the types of activities proposed and the schedule listed in this chapter. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak-use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
(f) 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise means of access to relieve the undue congestion.
(g) 
Any outside pedestrian waiting lines shall be provided with a means of shade.
(26) 
Junkyard (includes automobile salvage yard). Within the I/M Zone, junkyards are permitted by conditional use, subject to the following criteria:
(a) 
The minimum lot area shall be 10 acres.
(b) 
The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high, sight-tight fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned properties.
(c) 
The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.
(d) 
All wholly enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.
(e) 
No material may be stored or stacked so that it is visible from adjoining properties and roads.
(f) 
All additional federal and state laws shall be satisfied.
(g) 
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.
(h) 
No material shall be burned at any time.
(i) 
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.
(j) 
No junkyard shall be located on land with a slope in excess of 5%.
(27) 
Kennel.
(a) 
All kennels and all animal boardinghouses, whether new or existing, shall require a building/zoning permit. The application shall contain a description of the proposed use and occupancy of all buildings, including the maximum number and type of animal to be housed or bred by the kennel. The application shall be accompanied by sketch plans, showing the actual dimensions and shape of the lot, the size and location and dimensions of the proposed use or building, distance from existing lot lines and existing residences on adjacent properties, and street right-of-way lines, parking areas and other pertinent information.
(b) 
The kennel facility shall occupy no more than 3,000 square feet of total gross floor area.
(c) 
All buildings in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 300 feet from all residential lot lines or dwelling. This 150-foot setback shall be increased to 400 feet if more than 20 dogs are kept overnight on the lot and be increased to 450 feet if more than 50 dogs are kept overnight on the lot. The Zoning Hearing Board may require greater setbacks.
(d) 
No area for storage, processing or application of animal waste shall be situated within 300 feet of a street or property line.
(e) 
All kennels and animal boarding buildings that are not fully enclosed in a building and any outdoor animal pens, stalls or runways shall be located within the rear yard.
(f) 
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.
(g) 
The applicant shall furnish evidence of an effective means of animal waste collection and disposal that shall be continuously implemented.
(h) 
The operation of the kennel shall comply with the Dog Law, Act of December 7, 1982, P.L. 784, No. 225, as amended, 3 P.S. § 459-101 et seq., and all applicable regulations of the Department of Agriculture.
(i) 
No animal shall be permitted to use outdoor runs from 9:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.
(j) 
See state law regulating kennels.
(k) 
Minimum lot area: 20 acres, unless a larger lot area is required by another section of this chapter.
(l) 
Plant materials used in screen planting shall be at least six feet in height when planted, and be of suitable vegetation in order to produce, within three years, a complete year-round visual screen of at least eight feet in height. Fence shall be six feet in height and materials shall be of suitable masonry, wood, or composite materials to block the total view from all on the outside. A screen planting and fence plan shall accompany permit application and shall be approved by the Zoning Officer. Fence shall be installed and plant materials shall be planted prior to issuance of occupancy permit.
(m) 
The site shall front on and gain access from an arterial or collector road; buildings and loading areas and/or other impervious surfaces.
(28) 
Land smoothing.
(a) 
Fill placed or covering an area over 5,000 square feet requires the following:
[1] 
Approval from the Board of Supervisors for conditional use.
[2] 
Submission of a master plan showing overall extent of area to receive fill. The master plan must contain 1) depths fill to be placed and 2) quantities and material origin. If the plan changes at any time it must be submitted for review and approval.
[3] 
Erosion and sedimentation plan must be approved by the Lancaster County Conservation District. All inspections required must be completed.
[4] 
Preparation of placement of fill must be cleared of vegetative matter and trash. The ground surface shall be plowed or disced prior to placement. Land clearing wood, such as stumps, logs, and wood chips, are not permitted as clean fill material.
[5] 
Asphalt is not permitted as clean fill material.
[6] 
Fill can only be received during the hours of 7:00 a.m. and 5:00 p.m. weekdays, unless the Board of Supervisors authorizes otherwise.
[7] 
All fill must be clean approved fill, parcel owner is responsible for certifying material used for fill. Landowner to maintain records of all loads received on the parcel. The records must include name of the site and address from which the fill came from, National Pollutant Discharge Elimination System permit number of site exporting fill, as well as name and contact information of the hauler.
[8] 
Dredged Material quantity and material composition must be approved by a Pennsylvania Department of Environmental Protection Official.
[9] 
Applicant shall employ dust control measures, as described in the Pennsylvania Department of Environmental Protection Erosion and Sediment Pollution Control Program Manual, Appendix H. This includes such practices as sprinkling/irrigation, vegetative cover, mulching, and/or spray-on chemical soil treatments.
[10] 
Prior to any land smoothing use, fencing that restricts the access of individuals unaffiliated with the work of no less than eight feet in height must be installed around the area for the proposed usage. This fencing may be of a chain-link construction or similar nature.
[11] 
Prior to any land smoothing use, a paved entrance in compliance with § 285-26 will be installed to allow access to the land smoothing site. A construction entrance shall be installed that branches off or continues from the paved entrance. The construction entrance must include a wash rack, tire scrubbers, or similar sediment control devices, as described in as described in the Pennsylvania Department of Environmental Protection Erosion and Sediment Pollution Control Program Manual.
(29) 
Livestock and poultry, raising of.
(a) 
Minimum lot area is 10 acres for the raising of livestock or poultry. Minimum lot area is 50 acres for the Intensive raising of livestock or poultry.
(b) 
For raising of livestock or poultry use, any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of 300 feet from all lot lines and street rights-of-way.
(c) 
For an intensive raising of livestock or poultry use, any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of 1) 600 feet from a lot in a residential district; 2) 200 feet from wetlands, floodplains or streams. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances.
(d) 
The setbacks from property lines provided in this Subsection A for this use shall not apply from dwellings or lots owned by the operator or owner of the livestock use.
(e) 
Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property through a zoning permit.
(f) 
The keeping of putrescent garbage-fed swine shall meet the setbacks for an intensive raising of livestock or poultry use. See the State Domestic Animal Law[7] provisions regarding garbage-fed animals.
[7]
Editor's Note: See 3 Pa.C.S.A. § 2301 et seq.
(g) 
For a new or expanded raising of livestock or poultry use, evidence shall be provided by the operator/applicant to the Township to show that there will be compliance with procedures and requirements of the State Nutrient Management Act[8] and accompanying state regulations.
[8]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
(h) 
Buildings used for the keeping of livestock or poultry shall:
[1] 
Meet Township floodplain regulations;
[2] 
Not be located within 200 feet of a perennial stream, river, spring, lake, pond or reservoir; and
[3] 
Not be located within 200 feet of an active public water supply drinking well or an active intake for a public water supply.
(i) 
For manure storage facilities that are specifically required to have a setback from lot lines under the State Nutrient Management Regulations, that state setback shall apply. For any other manure storage facilities, a 100-foot minimum setback shall apply from all lot lines.
(j) 
The following additional requirements shall apply to an intensive raising of livestock or poultry use:
[1] 
The applicant shall provide a soil and erosion control plan to the County Conservation District for review and pay its review fees.
[2] 
The applicant shall describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant shall provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the U.S. Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may meet this requirement by providing a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.
[3] 
The Township is not intended to be the enforcement body for water pollution, odor and insect issues involving livestock and poultry uses. This Subsection A(29)(j) shall not apply to land application of biosolids.
[4] 
The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings.
[5] 
An area shall be provided for trucks to turn around on the property that avoids the need to back out onto a public road.
(30) 
Medical residential campus (MRC).
(a) 
The MRC shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 55 years old, or possess a physical disability or illness that causes a need for a setting like the medical residential campus.
(b) 
The MRC shall achieve a balanced residential/medical environment which cannot be achieved through the use of conventional zoning techniques.
(c) 
Residences shall be functionally, physically and architecturally integrated with medical service and recreational activity centers.
(d) 
Commercial, medical and recreational uses shall be grouped together and located near the populations being served.
(e) 
Minimum tract area: 25 contiguous acres.
(f) 
The site shall front on and have access to a collector or arterial road as identified in the Comprehensive Plan.
(g) 
All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned land and 50 feet from all other lot lines of the campus property. All other requirements relating to buffering and screening shall be applied in accordance with § 285-22.
(h) 
The maximum permitted overall density is 10 dwelling units per acre, except such density shall be six dwelling units per acre in the R-1 District. The R-1 District may be increased to a maximum of up to eight dwelling units per acre if transfer of development units is used under § 285-33. For purposes of this section, any two beds that are not within a dwelling unit shall be calculated as one dwelling unit for the purposes of density. No more than 50% of the total number of permitted dwelling units shall consist of beds that are not within dwelling units. Examples of such beds would include, but not be limited to, those associated with medical and/or nursing care or those associated with congregate or communal living quarters.
(i) 
All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property. Within the R-1 District, the only type of principal building that shall be allowed within 150 feet from an existing lot that is occupied by a dwelling as of the enactment date of this chapter, and that is zoned R-1 or R-2, shall be a single-family detached dwelling.
(j) 
The maximum permitted height is 60 feet, provided that an additional two feet of required building setback shall be provided for that portion of building height exceeding 35 feet. However, within the R-1 District, no building shall exceed 35 feet.
(k) 
No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.
(l) 
Parking spaces for persons with disabilities shall meet the requirements of Article I. Such spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they serve.
(m) 
Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Allowed uses in a district other than R-1 shall include the following:
[1] 
Dwellings, nursing homes, personal care/assisted living centers, and congregate living facilities for persons aged 55 or older or persons with physical disabilities;
[2] 
Medical facilities, including offices, laboratories, clinics, professional or para-medical training centers, and ambulatory care facilities;
[3] 
Commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off- campus area;
[4] 
Recreational and social uses, such as athletic facilities, community centers and assembly halls, limited to use only by campus residents, employees or visitors.
(n) 
Allowed uses in the R-1 District shall only include the following:
[1] 
Single-family detached dwellings, twin dwellings, townhouses and apartments, provided at least one resident of each dwelling shall be aged 55 or older or a person with physical disabilities.
[2] 
Personal care/assisted living centers.
[3] 
Accessory recreational facilities and activity rooms for residents of the MRC.
[4] 
Accessory maintenance and housekeeping facilities to serve the MRC.
[5] 
Nursing and emergency medical services to serve residents of the MRC.
[6] 
A nonresidential building in the R-1 District shall not exceed a total aboveground building floor area of 3,000 square feet.
(31) 
Membership club.
(a) 
See definition in Article II.
(b) 
Any active outdoor play areas shall be set back at least 30 feet from any abutting residential lot line.
(c) 
This use shall not include an after-hours club.
(32) 
Mineral extraction.
(a) 
If a mineral extraction use involves mining activities over more than two acres of land in any calendar year, then the following additional requirements shall be met:
[1] 
The applicant shall prove that a continuous route over roads will be available and will be used by trucks leaving the use that entirely involves roads with a minimum paved cartway width of 18 feet from the exit driveway of the mineral extraction use to reach Routes 222, 30 or 272. This route shall consider any improvements that the applicant proposes to fund.
[2] 
A copy of all information submitted to state agencies shall also be submitted to the Zoning Officer at the same time.
[3] 
A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Township permits.
[4] 
After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state, permitting some productive or beneficial future use.
[5] 
A fifty-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.
[a] 
New trees shall not be required where preserved trees will serve the same purpose.
[6] 
The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:
[a] 
One hundred fifty feet from the existing right-of-way of public streets and from all exterior lot lines of the property;
[b] 
One hundred fifty feet from a nonresidential principal building, unless released by the owner thereof;
[c] 
Four hundred feet from the lot line of a dwelling;
[d] 
One hundred fifty feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.
[7] 
The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.
[8] 
Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.
[9] 
Fencing. Fencing shall be required in locations where needed to protect public safety. As an alternative, the Board of Supervisors may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.
[10] 
Hours of operation. The Board of Supervisors, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.
[11] 
The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.
[12] 
The Township may require that the applicant post financial security to cover the costs of damage that may occur to entrances and exits to public roads as a result of the trucks carrying mining materials.
[13] 
A plan shall be submitted showing sequential phases of mining activities on the land. Mining activities shall be conducted on a maximum of 50 acres at a time. Reclamation shall be initiated on one phase before the next phase is opened for mining.
[14] 
A plan shall be submitted showing how dust will be controlled.
(33) 
Mini warehouse.
(a) 
Mini warehouses shall not exceed an aggregate total of 40,000 square feet of floor area.
(b) 
Off-street parking shall be provided for mini warehouses according to the schedule listed in this chapter.
(c) 
Parking shall be provided by parking/driveway lanes adjacent to the buildings. These lanes shall be a minimum of 26 feet wide when cubicles open onto one side of the land only and a minimum of 30 feet wide when cubicles open onto both sides of the lane.
(d) 
Required parking shall not be rented as, or used for, vehicular storage. Additional external storage area may be provided for the storage of privately owned recreational vehicles, travel trailers and/or boats, so long as such external storage area is fenced, comprised of a paved surface, and a buffer screen in accordance with § 285-22 of this chapter is provided between any residentially zoned land and/or existing dwellings and from adjoining roads. The storage yard shall observe the minimum yard setbacks. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative motor vehicles or equipment.
(e) 
Except as provided in Subsection D, all storage shall be kept within an enclosed building. The storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
(f) 
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint remover, and other flammable materials, activities which use such materials, including but not limited to the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture, are prohibited.
(g) 
Mini warehouses shall be used solely for the storage of property. The following lists examples of uses expressly prohibited upon the site. The applicant shall adequately demonstrate that all mini warehouse rental and/or use contracts shall specifically prohibit these uses.
[1] 
Auctions, commercial wholesale or retail sales, or garage sales.
[2] 
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
[3] 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
[4] 
The establishment of a transfer and storage business.
[5] 
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
[6] 
Any storage of materials that meet the definition of "junk," as previously defined in this chapter.
(34) 
Mobile/manufactured home. Installed on an individual lot or within a mobile/manufactured home park approved after the adoption of this chapter.
(a) 
Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede local construction codes for the actual construction of the home itself.)
(b) 
Each site shall be graded to provide a stable and well-drained area.
(c) 
Each home shall have hitch and tires removed.
(d) 
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the construction codes shall apply, in addition to the manufacturer's specifications for installation.
(e) 
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection A(34)(e) shall not apply within a manufactured/mobile home park. Metal skirting may only be permitted within a manufactured/mobile home park. Provisions shall be provided for access to utility connections under the home.
(f) 
If a mobile/manufactured home is in a R-1 or R-2 District and is not within a mobile/manufactured home park, it shall have a minimum roof pitch of 5/12.
(35) 
Mobile/manufactured home park.
(a) 
Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede local construction codes for the actual construction of the home itself.)
(b) 
Each site shall be graded to provide a stable and well-drained area.
(c) 
Each home shall have hitch and tires removed.
(d) 
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the construction codes shall apply, in addition to the manufacturer's specifications for installation.
(e) 
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. This Subsection A(35)(e) shall not apply within a manufactured/mobile home park. Metal skirting may only be permitted within a manufactured/mobile home park. Provisions shall be provided for access to utility connections under the home.
(f) 
If a mobile/manufactured home is in a R-1 or R-2 District and is not within a mobile/manufactured home park, it shall have a minimum roof pitch of 5/12.
(g) 
Plans and permits. Plans shall be submitted and reviewed by the Township for all mobile/manufactured home parks in compliance with the mobile/manufactured home park provisions of the Subdivision and Land Development Ordinance[9] and all other provisions of such ordinance that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
[9]
Editor's Note: See Ch. 240, Subdivision and Land Development.
(h) 
The minimum tract area shall be three contiguous acres, unless a larger tract area is required in a particular zoning district. This minimum tract area shall be under single ownership.
(i) 
Density. The maximum average density of the tract shall be four dwelling units per acre.
[1] 
To calculate this density land in common open space or proposed streets within the park may be included, but land within the 100-year floodplain, wetlands and slopes over 25% shall not be included.
(j) 
Landscaped perimeter. Each mobile/manufactured home park shall include a fifty-foot-wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Board of Supervisors as part of any required conditional use approval. Such landscaped area shall not be required between adjacent mobile home park developments. The same area of land may count towards both the landscaped area and the building setback requirements.
(k) 
A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.
(l) 
The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.
(m) 
The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.
(n) 
Each home shall comply with the requirements for "mobile/manufactured homes" stated in the preceding subsection.
(o) 
Accessory structures. A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.
(p) 
Common open space for a mobile home park. A minimum of 20% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall at a minimum include a rectangular grass field 100 feet by 200 feet suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall at a minimum include landscaped paved trails. A recreation building or pool available to all residents of the development may count towards this requirement.
(q) 
Streets.
[1] 
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
[2] 
Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.
[3] 
Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Township cartway construction standards.
(r) 
Utilities. All units within the mobile home park shall be connected to a central water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements. The applicant shall prove that adequate provisions are made for solid waste disposal.
(s) 
Along through-streets, a minimum nighttime lighting level of 0.2 footcandle shall be maintained, at no expense to the Township.
(36) 
Motor vehicle racetrack.
(a) 
All areas used for the racing, testing and maintenance of motor vehicles shall be set back a minimum of 400 feet from the lot line of an existing dwelling.
(b) 
All buildings, parking, loading and unloading areas shall be set back a minimum of 150 feet from the lot line of an existing dwelling.
(c) 
The applicant shall prove that the standards of Article V will be met, including noise, lighting and dust.
(d) 
Minimum lot area: 50 acres.
(37) 
Multifamily dwellings. See "Townhouses and multifamily dwellings" in this section.
(38) 
Nonhousehold stable.
(a) 
Minimum lot area shall be 10 acres.
(b) 
Any structure for the boarding of horses shall be set back 200 feet from all property lines.
(c) 
All stables shall be maintained to minimize odors perceptible at the property line.
(d) 
All outdoor training and show facilities or arenas shall be set back 100 feet from all property lines.
(e) 
All outdoor training, show, riding, boarding, or pasture area shall be enclosed by a minimum four-foot-high fence.
(f) 
All parking compounds and unimproved overflow parking areas shall be set back at least 20 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.
(g) 
All manure storage facilities shall be subject to the requirements for such facilities described in the A - Agricultural Zone.
(h) 
For those riding stables proposed to include shows or events open to attendance or participation by the general public, the applicant must submit credible evidence that demonstrates that the proposed show or event can be effectively accommodated without adverse impact to adjoining uses due to traffic, number of participants or spectators, hours of operation, parking, noise, light, litter, dust, and pollution.
(39) 
Nursing home.
(a) 
Licensing. See definition in Article II.
(b) 
A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.
(c) 
The standards for nursing homes in this section shall apply to assisted living facility/personal care centers.
(40) 
Outdoor storage and display. The provisions listed for this use under § 285-48 shall apply.
(41) 
Picnic grove, private.
(a) 
All activity areas shall be a minimum of 250 feet from an existing dwelling on another lot. All parking areas shall be set back 100 feet from any residential lot line. The use shall not operate between the hours of 11:00 p.m. and 7:00 a.m.
(b) 
See noise and glare standards in Article VI.
(c) 
Minimum lot area: five acres.
(42) 
Place of worship.
(a) 
Minimum lot area: Two acres in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article III for that district. Maximum lot area in the A District: five acres.
(b) 
Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship, provided the requirements for such uses are also met. Noncommercial buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.
(c) 
A maximum of one dwelling unit may be accessory to a place of worship on the same lot to house employees of the place of worship and/or an employee and his/her family. Such dwelling shall meet the maximum number of unrelated persons in the definition of a family. No other residential use shall be allowed.
(d) 
If within a residential district, any new place of worship shall be adjacent to an existing collector or arterial street that is in public ownership.
(e) 
Minimum building setback from a lot line of an existing dwelling in a residential district: 60 feet.
(f) 
Minimum parking setback from a lot line of an existing dwelling in a residential district: 20 feet.
(g) 
Maximum impervious coverage: 60% unless a less restrictive standard is provided in the applicable zoning district under § 285-27.
(43) 
Recreation, outdoor.
(a) 
Active outdoor recreation facilities (not including trails) and buildings shall be set back a minimum of 50 feet from the lot line of an existing dwelling.
(b) 
This term shall not include "publicly owned recreation" or a golf course.
(c) 
See provisions for a nonhousehold swimming pool in this section.
(d) 
Lighting, noise and glare control. See Article VI.
(e) 
In a residential district, the minimum lot area shall be 2 1/2 acres, unless a more restrictive lot area is established by another section of this chapter.
(f) 
Maximum impervious coverage in any residential district: 20%. In any other district, the use shall meet the district provisions of Article III and Article IV.
(g) 
Maximum building coverage in any residential district: 15%.
(h) 
A site plan meeting the requirements of Article IX shall be submitted to the Township.
(i) 
Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a twenty-foot-wide buffer yard in accordance with § 285-22 shall be required.
(j) 
Hours of operation. In a residential district, active recreation facilities shall be conducted only between the hours of 6:00 a.m. and 10:00 p.m., unless differing hours are established as a condition of any needed Zoning Hearing Board or Board of Supervisors approval.
(k) 
Any restaurant, tavern, retail store, target range, camp, campground or commercial picnic ground use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.
(44) 
Recycling collection center.
(a) 
This use shall not be bound by the requirements of a solid waste disposal facility.
(b) 
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
(c) 
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(d) 
A twenty-foot-wide buffer yard with screening as described in § 285-22 shall be provided between this use and any abutting residential lot line.
(e) 
This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.
(f) 
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.
(g) 
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
(h) 
The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.
(i) 
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.
(45) 
Residential conversions. See "Conversions of an existing building" within this section.
(46) 
Restaurant.
(a) 
Screening of dumpster and waste container: see § 285-22H.
(b) 
See "drive-through" service in § 285-49. Drive-through service shall only be provided where specifically permitted in the applicable district regulations.
(47) 
Retreat center.
(a) 
Minimum lot area: 10 acres.
(b) 
A retreat center may be used for scheduled activities for groups, which shall include seminars, lectures and worship and accessory overnight accommodations, meals and active or passive recreation for persons attending the scheduled activity. A retreat center may also be used for individually scheduled events such as weddings or family reunions, provided that meals are restricted to persons attending the event and there is no separate charge or donations for the meals. Active and passive recreation facilities may be open to the general public.
(c) 
A retreat center shall not contain a commercial recreation or entertainment facility.
(d) 
Overnight accommodations shall be provided for participants at retreats only. Overnight accommodations shall not be provided to individuals who are not part of a scheduled retreat being held at the facility.
(e) 
Meals shall be provided only to persons participating in an activity at the center. Dining areas shall not be open to the general public.
(f) 
Outdoor activities shall conclude by 11:00 p.m., and any lights for outdoor recreational facilities shall be extinguished by 11:15 p.m.
(g) 
Retreat centers may contain facilities for active recreation or passive recreation. Amusement arcades, amusement rides and adult-related facilities shall not be permitted within a retreat center.
(h) 
For any use not listed in § 285-27, a minimum of one parking space shall be provided for each 200 square feet of gross floor area of such building area. For any use not listed in § 285-27 and which does not contain a building, it shall be the responsibility of the applicant to provide credible evidence that adequate parking is provided for such use.
(i) 
All water facilities, sewage disposal systems, restrooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of DEP.
(j) 
The applicant shall furnish credible evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, pollution and traffic.
(k) 
All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
(l) 
Where existing buildings or sites of historical significance exist on the property, the applicant shall show how these buildings or sites will be utilized by the proposed use and, if any such buildings or sites are to be removed, the applicant shall provide credible evidence as to why such buildings or sites need to be removed and cannot be utilized for the proposed use. Where such buildings or sites are to be renovated, the applicant shall provide credible evidence that the renovations will not adversely alter the historic significance of the building or site. Buildings or sites of historic significance shall include any building or site identified as a historic site by the West Lampeter Township Comprehensive Plan, the National Register of Historic Places or the Historic Preservation Trust of Lancaster County.
(m) 
A public greenway easement shall be provided along any watercourse within or adjacent to the retreat center where such easement could be an extension of an existing greenway easement or public open space area or where a greenway easement could be consistent with any designated greenway as shown in a plan or study by the Township or by any state, county or regional governmental agency. The location and dimensions of the easement shall be adequate to accommodate the existing or planned greenway.
(48) 
School, public or private, primary or secondary.
(a) 
Minimum lot area: two acres in a residential district. In any other district, the use shall meet the standard minimum lot area requirement for that district.
(b) 
No children's play equipment, basketball courts or illuminated recreation facilities shall be within 30 feet of a residential lot line.
(c) 
The use shall not include a dormitory unless specifically permitted in the district.
(49) 
Self-storage development.
(a) 
Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.
(b) 
Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.
(c) 
Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or access drives.
(d) 
The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.
(e) 
Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.
(f) 
See § 285-22 concerning buffer yards. In addition, any outdoor storage or garage doors within 200 feet of a street right-of-way and visible from the street shall be screened from that street by a buffer yard meeting § 285-22. Any fencing shall be placed on the inside of the plantings.
(g) 
Minimum separation between buildings: 20 feet. Maximum length of any building: 300 feet.
(50) 
Short-term rentals.
(a) 
Permits shall not be transferable to new owners.
(b) 
Owner of property shall reside within the Township, or within 15 miles of the closest Township boundary.
(c) 
No more than one short-term rental unit may be located on a parcel or lot.
(d) 
The short-term rental unit shall be located within a principal or accessory structure that legally existed on January 1, 2023. No addition to a structure existing on January 1, 2023, shall be permitted to create the short-term rental unit. Any alteration to a structure that existed on January 1, 2023, for the purpose of establishing a short-term rental unit shall be limited to alterations to address accessibility, fire and life safety, or UCC requirements. No modifications to the external appearance of the structure (except fire escapes) which would alter its residential character shall be permitted.
(e) 
An emergency management plan shall be developed by the owner in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage, or other catastrophic event.
(f) 
Where applicable, approval in writing of the proposed rental use by the homeowners' association, condominium association or other ruling body is submitted to the Township with the permit application.
(g) 
No meals shall be provided or served to the renters by the short-term rental property owners.
(h) 
The length of stay for any guest at a short-term rental shall not exceed 29 consecutive days.
(i) 
A minimum of one off street parking space per bedroom shall be provided, and the owner shall demonstrate that adequate off-street parking on a Township-approved surface is provided for the short-term rental use.
(j) 
Signage is limited to a one square foot nameplate, excluding any signage identifying street address of the property.
(k) 
No modifications to the exterior of the building which would alter its residential character shall be permitted.
(l) 
The short-term rental unit shall not adversely affect the character of the neighborhood. Occupants may not generate noise, vibration, glare, odors or other effects that unreasonably interfere with any person's enjoyment of his or her residences. Occupants may not engage in, or tolerate, or permit any other person, including but not limited to each guest on the premises and within his or her short-term rental unit with his or her consent, to cause damage to the short-term rental unit or engage in disruptive conduct, or other violations of this section, any code, any Township ordinance, or any applicable federal, state and local law or regulation.
(m) 
The applicant shall provide to the Zoning Hearing Board a notice which shall be prominently and continuously posted in the short-term rental units containing the following information:
[1] 
The name of the owner of the short-term rental unit and a telephone number at which that party or a contact person designated may be reached on a twenty-four-hour basis.
[2] 
Occupancy limits shall comply with UCC requirements and will be set by the Building Code Inspector.
[3] 
The maximum number of vehicles allowed to be parked on the lot and the requirement that parking is not permitted in any public right of way or on the grass.
[4] 
The number and location of on-site parking spaces and the parking rules for seasonal snow removal and emergency vehicle access (if any).
[5] 
Notification that trash and refuse shall not be left or stored on the exterior of the structure except in Township approved containers following the requirements of the Township unless the short-term rental is located on a property not subject to Township regulations.
[6] 
Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of Township ordinances including parking and occupancy limits.
[7] 
A list of legibly written house rules, relevant contact information including the property owner and/or property manager and all local emergency numbers including the 911 address of the property shall be posted in all short-term rentals at a clearly visible location.
(n) 
There shall be quiet hours between 9:00 p.m. to 8:00 a.m. on weekdays, and between 11:00 p.m. to 8:00 a.m. on weekends and holidays.
(o) 
A placard shall be erected showing the floor plan to the front door exit. The placard shall be posted on the interior side of the front exit door or in an alternate location approved by the Zoning Officer.
(51) 
Solar energy systems, ground-mounted or grid scale.
(a) 
General requirements.
[1] 
A single assemblage of solar panels, regardless of the number, and supporting equipment constitutes a solar energy system. Conduit and other utility connections are not considered to be part of the system.
[2] 
The solar energy system, and surrounding fence, shall not display off-site advertising. The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with municipal sign regulations. On-site business signs are allowed in accordance with the sign regulations applicable to the zoning district.
[3] 
Solar panels are considered as impervious for purposes of this chapter.
[4] 
Ground-mounted solar for use of parcel shall be no more than 5% of total lot area.
[5] 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
[6] 
At the time of issuance of the permit for the construction of the facility, the owner shall provide financial security in a form and amount acceptable to the Township to secure the expense of decommissioning the solar energy system.
[7] 
The principal grid scale solar energy system, with the exception of transmission lines, shall not be located on Class 1, 2 or 3 prime agricultural soils, as established by the Soil Survey of Lancaster County, Pennsylvania (latest edition), unless roof-mounted on an existing building. Such systems shall not be allowed on a structure constructed or converted for the purpose of accommodating a solar energy system on Class 1, 2 or 3 prime agricultural soils. Soil data can be found using resources such as the United States Department of Agriculture Natural Resources Conservation Service Web Soil Survey.
[8] 
For grid scale solar systems, emergency responders must approve the proposed layout.
[9] 
Ground-mounted solar energy systems shall be set back at least 100 feet from abutting residential parcel lines, 50 feet from all other parcel lines, and 150 feet from any street right-of-way lines.
[10] 
The area devoted to the solar energy system shall be limited to a maximum of five acres or 5% of the total lot area, whichever is less, unless located on the roof of an existing building.
[11] 
All on-site utility and transmission lines shall be placed underground, unless demonstrated by the applicant to not be feasible. All utility and transmission lines associated with the ground mounted solar energy system will be connected to structures on site, to the utility main, or to a nearby property.
[a] 
All properties that the utility and transmission lines travel through must be owned by the applicant or a letter of support from the parcel owner must be provided with the application.
[12] 
All ground-mounted solar energy systems shall have screening consisting of decorative masonry walls, mostly solid weather-resistant wood fencing, fencing of a similar appearance (such as solid vinyl post), or primarily evergreen plantings.
(b) 
Development standards.
[1] 
Ground-mounted systems are permitted only on lots larger than one acre within lot areas not subject to floodplain or steep slope overlay restrictions.
[2] 
Ground-mounted systems shall be located in accordance with the setback requirements for principal uses of the applicable zone.
[3] 
For purposes of determining compliance with the lot coverage standards of the zoning district, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, and solar hot air or water collector devices, in addition to any other related structures, shall be considered as impervious surface, unless the applicant can demonstrate by credible evidence that stormwater will infiltrate into the ground beneath the solar energy system at a rate equal to that of the infiltration rate of the existing condition of the subject surface area.
[4] 
The perimeter of the area devoted to the solar energy system and related structures and mechanical equipment shall be secured by an eight-foot chain-link fence and screened in accordance with § 285-22.
(c) 
Required permits and construction requirements.
[1] 
In addition to any other requirements for submittal of a special-exception request, the application shall include the following supplemental information:
[a] 
A detailed written description of the proposed project, including a general description of the project site.
[b] 
A legal description of the project site.
[c] 
A site plan drawn in sufficient detail to clearly depict the following:
[i] 
On-site areas of Class 1, 2 or 3 prime agricultural soils. This information can be found using services such as the United States Department of Agriculture Natural Resources Conservation Service Web Soil Survey.
[ii] 
Existing topographic features.
[iii] 
Physical features of the project site, both before and after construction of the energy facility, including existing structures and land uses.
[iv] 
Dimensions of the project site.
[v] 
Locations and approximate dimensions of all equipment, devices, structures and power transmission lines associated with the proposed system.
[vi] 
Identification and area calculation of the area devoted to the solar energy system.
[vii] 
Identification of existing and proposed areas of impervious coverage.
[viii] 
Location of existing or proposed electrical transmission lines and facilities on the proposed location.
[ix] 
Setback in feet from the site property boundaries of each principal solar energy system and each proposed structure.
[2] 
Prior to the start of construction, principal solar energy systems require the submittal and approval of a land development plan and stormwater management plan in accordance with adopted Township ordinances.
[3] 
The design and installation of the principal solar energy system shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the system manufacturer from a reputable certifying organization.
[4] 
The applicant shall provide written authorization from the power utility for connection to the power utility grid. Interconnection and net metering shall be in accordance with the policies of the power utility.
(d) 
Decommissioning.
[1] 
At the expense of the owner or operator of the solar facility, a cost estimate for the decommissioning of the solar facility shall be prepared by a professional engineer or contractor who has expertise in the removal of solar facilities. The decommissioning cost estimate shall explicitly detail the cost and shall include a mechanism for calculating increased removal costs due to inflation. At a minimum, the cost estimate shall be recalculated every five years and the financial security referenced herein shall be updated in kind.
[2] 
Prior to recording of the final land development plan for the solar facility, the full decommissioning cost shall be guaranteed by a surety bond or letter of credit in favor of West Lampeter Township, in form and amount acceptable to West Lampeter Township.
[3] 
Solar facilities which have reached the end of their useful life or have not been in active service for a period of one year shall be removed at the owner or operator's expense. The owner or operator shall have 12 months to complete decommissioning of the solar facility.
[4] 
Decommissioning shall include, but not be limited to, removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities, so that any agricultural ground upon which the solar facility was located is again tillable and suitable for agricultural uses. Disturbed earth shall be graded and reseeded unless the landowner request in writing that the land surface area not be reseeded. Hazardous materials shall be disposed of in accordance with federal and state law.
[5] 
If the owner or operator fails to remove the solar facility in accordance with the requirements of this chapter, West Lampeter Township shall have the right to collect the bond or letter of credit and West Lampeter Township, and its agents and third-party contractors, may enter the property to physically remove the solar facility.
(52) 
Solid waste transfer facility, solid waste landfill or solid waste-to-energy facility.
(a) 
All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, 100-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than 1/2 acre in area.
(b) 
All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any residential district, perennial creek, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase.
(c) 
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.
(d) 
No burning or incineration shall occur, except within an approved waste-to-energy facility.
(e) 
The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township. Violations of this condition shall also be considered to be violations of this chapter.
(f) 
Open dumps and open burning of refuse are prohibited.
(g) 
The applicant shall prove to the satisfaction of the Board of Supervisors that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash-hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the Township.
(h) 
The applicant shall prove to the satisfaction of the Board of Supervisors that the use would not routinely create noxious odors off of the tract.
(i) 
A chain-link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Board of Supervisors that this is unnecessary. The Board shall require earth berms, evergreen screening and/or shade trees, as needed, be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.
(j) 
A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.
(k) 
Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(l) 
Attendant. An attendant shall be present during all periods of operation or dumping.
(m) 
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
(n) 
Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(o) 
Under authority granted to the Township under Act 101 of 1988, the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.
(p) 
Tires. See "outdoor storage and display" in § 285-48.
(q) 
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(r) 
Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed of or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
(s) 
The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter will be met.
(t) 
State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Township and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PA DEP at the same time as they are submitted to the Department of Environmental Protection.
(u) 
For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface which drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.
(v) 
A solid waste landfill shall only be approved if the applicant proves that a continuous route over roads is available that entirely involves roads with a minimum paved cartway width of 18 feet between the exit driveway of the landfill and Route 222 or 272.
(53) 
Stable, nonhousehold. (Includes riding academies; see also "keeping of pets" in § 285-49.)
(a) 
Minimum lot area: 2 1/2 acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.
(b) 
Any animal barn, feed areas, manure storage areas or stable shall be a minimum of 100 feet from any residential lot line. Any corral or fenced-in area shall be set back a minimum of 50 feet from any residential lot line.
(c) 
Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek. Manure shall not be stored within 100 feet of a perennial waterway. Manure management plan shall be submitted to Township before approval of usage.
(54) 
Swimming pool, nonhousehold.
(a) 
The water surface shall be set back at least 50 feet from any existing dwelling.
(b) 
Minimum lot area: one acre.
(c) 
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by a buffer yard meeting § 285-22.
(d) 
The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
(e) 
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
(55) 
Target range.
(a) 
All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect public safety.
(b) 
The design of the outdoor firearms target range shall be compared by the applicant with applicable published guidelines of the National Rifle Association. The Zoning Hearing Board may consider such guidelines to be the generally accepted standard for the safety of these facilities.
(c) 
An outdoor firearms target range and any firing stations shall be located a minimum of 250 feet from any residential lot line, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.
(d) 
An outdoor firearms target range shall be properly posted. The Zoning Hearing Board may require fencing, as necessary.
(e) 
The applicant shall provide evidence that the noise limits of Article V will be met.
(f) 
An indoor firearms target range shall be adequately ventilated and/or air conditioned to allow the building to remain completely enclosed.
(g) 
A target range shall only be used for types of firearms or other weapons for which it was specifically designed.
(h) 
An outdoor target range shall not be used during nighttime hours. Maximum hours and days of operation may be established as a condition of the zoning approval.
(i) 
Minimum lot area for an outdoor firearms target range: 10 acres, unless a more restrictive provision is established by another provision of this chapter.
(j) 
See § 285-65. Wherever woods exist adjacent to an exterior lot line of an outdoor firearms target range, such woods shall be preserved within at least 100 feet of each such lot line, except for approved driveway, utility and trail crossings.
(56) 
Timber harvesting.
(a) 
Purposes: to promote management of forests for long-term benefits; promote good forest stewardship; protect adjoining property owners; minimize the potential for adverse environmental impacts; and avoid unreasonable restrictions on forestry.
(b) 
Applicability. Timber harvesting shall be permitted in all zoning districts, provided it complies with the requirements of this chapter. This section shall regulate all timber harvesting when the total harvesting area is 1/2 acre or greater in a calendar year, which shall require a permit.
[1] 
These provisions shall not regulate the following:
[a] 
Cutting of up to 10% of trees with a trunk diameter of six inches or greater (measured 3 1/2 feet above the ground level) on a lot in any calendar year, provided such cutting does not involve clear-cutting but instead involves routine thinning of woods;
[b] 
Cutting of trees with a trunk diameter of less than six inches (measured 3 1/2 feet above the ground level);
[c] 
Cutting of dead trees; and
[d] 
Cutting of trees that the applicant proves to the Zoning Officer is necessary to accommodate a Township-approved subdivision, land development, street, driveway, building, utility or use.
(c) 
Application requirements. An application for timber harvesting shall be made a minimum of 30 days prior to the start of work. No forestry shall occur until a permit has been issued by the Zoning Officer.
[1] 
The application shall include a written timbering plan, which shall be prepared by a qualified professional. The provisions of the plan shall be followed throughout the operation. The plan shall be available for inspection at the harvest site at all times during the operation.
[2] 
The landowner, the applicant and the timber operator shall be jointly and separately responsible for complying with the terms of the timber harvesting plan and permit.
(d) 
Timber harvesting plan.
[1] 
The applicant shall specify, in writing, the land on which harvesting will occur, the expected size of the harvest area, and the anticipated starting and completion date of the operation. The zoning permit shall be valid for up to two years from the date of issuance.
[2] 
The timber harvesting plan shall include, at a minimum, the following information:
[a] 
A narrative of proposed cutting practices and/or stand prescription(s) for each stand in the proposed harvest area and the construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
[b] 
An erosion and sedimentation control plan approved by the County Conservation District if over one acre will be disturbed;
[c] 
All timbering activities shall use best management practices (BMPs), which shall be shown on the plan;
[d] 
A narrative of all stream and road crossings, including required permits from the appropriate agency;
[e] 
All Township and/or PennDOT highway occupancy permits, if applicable;
[f] 
An application shall be submitted to the Township, with a map showing waterways, drainageways, approximate wetlands, lakes, roads, lot lines and proposed harvest areas;
[g] 
The application shall also include the name and address of the property owner and the person who will be responsible to oversee the timber harvesting;
[h] 
The application shall also show proposed erosion and sedimentation control measures, proposed crossings of waterways and proposed vehicle entrance and exit points onto streets.
(e) 
Timber harvesting practices.
[1] 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for maintenance of the street.
[2] 
No tops or slash shall be left within 25 feet of any public thoroughfare, property line or private roadway providing access to adjoining residential property.
[3] 
All tops and slash between 25 and 50 feet from a public street right-of-way or private road providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped so that they do not extend more than four feet above the surface of the ground.
[4] 
Streams are an important natural resource that provide for water quality, flood control, bank stabilization and other ecological benefits. To ensure their adequate protection, timber harvesting is prohibited within 100 feet of the top of the bank on each side of all perennial waterways, except this distance may be reduced to 50 feet if all of the following conditions are met:
[a] 
The basal area of trees in that area within the 100-foot setback shall not be reduced below 50% of the basal area present before cutting.
[b] 
Trees to be cut within the 100-foot zone described shall be marked with paint or ribbons prior to the start of timber harvesting.
[c] 
All earthmoving within this area shall be minimized or fully avoided.
[5] 
No tops or slash shall be left within a stream channel or floodway. Unless fully delineated, a floodway shall be assumed to be all that area within 50 feet from the center of a waterway.
[6] 
The use of clear-cutting must be fully justified by a timber harvesting plan prepared by a qualified professional. Detailed information concerning increased stormwater runoff, erosion control and a plan to assure regeneration shall be provided. Clear-cutting shall not be allowed on contiguous areas greater than 1/2 acre. Clear-cutting shall be prohibited on slopes greater than 25%.
[7] 
A twenty-foot minimum setback shall be maintained for timber harvesting from a public street right-of-way and from any lot line of property, except such lot line setback shall not apply if the adjoining property owner provides a written, notarized and signed waiver of the setback to the Zoning Officer.
[8] 
If timber harvesting involves more than two acres, a minimum of 30% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed to promote reforestation.
(f) 
Public road responsibility. The landowner and the operator shall be responsible for repairing any damage at locations of entry or exit to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. The Township may require the landowner or operator to furnish a bond to guarantee the repair of such damages. Such bond shall remain in full force until the Zoning Officer issues a written notification that all provisions of this chapter and the permit have been complied with. In lieu of such bond, the operator or landowner may post a cash deposit or certified check with the Township.
(57) 
Townhouses and multifamily dwellings.
(a) 
Maximum length and width of an attached grouping of townhouses or multifamily dwellings: 150 feet. Maximum number of multifamily dwellings that shall be within a building: 12, except no maximum shall apply in a building in which all units are permanently age-restricted to at least one resident age 55 and older.
[1] 
In the I/M Zoning District, the maximum number of multifamily dwellings within a building shall be 36.
(b) 
Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.
(c) 
Garages. It is strongly recommended that all Townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.
(d) 
Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.
(e) 
Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.
(f) 
Public sewer and public water shall be required for all Townhouses and multifamily dwellings proposed on lots greater than 25 acres in size.
(g) 
In the I/M Zoning District, the maximum building height shall be raised to 60 inches.
(h) 
In the I/M Zoning District, that maximum density of units will be nine units per acre.
(i) 
Common open space. Unless a higher amount of open space is required under the conservation development provisions, a minimum of 30% of the total lot area of the development involving townhouses and multifamily dwellings and their accessory uses shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. This subsection shall not apply to the neighborhood development option.
[1] 
If a development includes over 30 dwelling units that will not be restricted to at least one resident age 55 and older and will not be time-share dwellings, then the common open space shall at a minimum include a rectangular grass field 50 feet by 150 feet that is suitable for free play by young persons. If all dwellings in a development will be restricted to at least one resident age 55 and older, then the common open space shall at a minimum include landscaped trails that are ADA-accessible.[10]
[10]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[2] 
A recreation building or pool available to all residents of the development may count towards the open space requirement. Areas with a width of less than 50 feet shall not count towards this requirement. This requirement shall be in place of any requirement for recreation land or fees under the Subdivision and Land Development Ordinance.[11]
[11]
Editor's Note: See Ch. 240, Subdivision and Land Development.
(58) 
Treatment center.
(a) 
See definition in § 285-33.
(b) 
The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional special exception approval.
(c) 
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.
(d) 
The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
(e) 
If the use involves five or more residents, a suitable recreation area shall be provided that is supervised by the center's staff.
(59) 
Veterinarian office (includes animal hospital).
(a) 
Minimum lot area: one acre.
(b) 
Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.
(c) 
Animals undergoing treatment may be kept as an accessory use. However, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

§ 285-49 Additional requirements for accessory uses.

A. 
General. Accessory buildings, structures or uses are clearly customary and incidental to a permitted, special exception or conditional use principal use. Requirements for accessory structures and uses are listed in this subsection.
B. 
Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, swimming pools, fences or permitted accessory signs, which have their own specific setbacks.
C. 
Yard setback. No accessory structure, use or building shall be permitted in a required minimum front yard in any district, unless specifically permitted by this chapter.
D. 
Standards. Each accessory use shall comply with all of the following standards listed for that use:
(1) 
Accessory dwelling unit (ADU).
(a) 
One ADU may be permitted per principal single-family detached dwelling for use by a relative.
(b) 
The owner of the property must occupy either the principal dwelling or the ADU as the owner's primary residence.
(c) 
Each year the owner of the property shall provide the Township with a written statement in a form prepared by the Township, together with the applicable fee, certifying compliance with this section. In the event that the owner fails to comply with this section, the owner shall be required to reconvert the ADU into part of the principal dwelling unit or completely remove the ADU.
(d) 
One additional off-street parking space shall be provided for the ADU.
(e) 
An ADU must be contained in, or attached to, the principal dwelling.
(f) 
The addition of an ADU shall be designed so that the appearance of the building remains that of a single-family detached dwelling. Any necessary additional entrances or exits shall be located to the side or rear of the building.
(g) 
The maximum size of an ADU shall not exceed 40% of the principal dwelling total floor area or more than 800 square feet, whichever is less, nor have more than two bedrooms.
(h) 
Any on-lot sewage disposal system shall be certified by the Sewage Enforcement Officer to meet all applicable requirements as a result of the inclusion or addition of the ADU.
(i) 
The ADU permit shall be deemed to be automatically revoked if the Zoning Officer determines that the owner of the property no longer meets the requirements of this section, upon vacation of the ADU or principal dwelling unit by the owner or by the relatives, or if the property is sold.
(j) 
Upon sale of the property, the new owner shall apply for a permit under this section and comply with this chapter prior to permitting occupancy of the ADU. Failure to comply with this section shall be a violation of this chapter.
(k) 
The addition of an ADU to a single-family detached dwelling shall conform to all other zoning and building code requirements, unless modified herein.
(l) 
The owner of the property shall present evidence of recording of an agreement between the owner and the Township, in a form acceptable to the Township Solicitor, which sets forth that the occupancy of the ADU is limited as set forth in this section.
(m) 
The following accessory dwelling units may be approved as a conditional use in the A-Agricultural District, subject to the following specific criteria, by the Board of Supervisors:
[1] 
An ADU the maximum size of which is not more than 60% of the principal dwelling total floor area or 1,200 square feet, whichever is less.
[2] 
The ADU shall be designed to maintain the architectural design, style, appearance and character of the main building as a single-family detached dwelling. If an ADU extends beyond the current footprint or existing height of the main building, such an addition must be consistent with the existing facade, roof pitch, siding and windows.
[3] 
All other applicable standards for an ADU shall apply.
(2) 
Accessory office.
(a) 
This use specifically was written to apply within the RV District, through a special exception. For other types of home offices and home-based businesses, see the provisions in this section for "home occupations."
(b) 
Use shall be limited to an existing detached building that includes more than 500 square feet of floor area. Building Code and SALDO[1] requirements shall apply. This use shall only include a professional office, which shall be accessory to a dwelling on the lot. The use shall be conducted by a resident of the principal dwelling on the lot and a maximum of four other persons working on site at one time, who may or may not live in the dwelling.
[1]
Editor's Note: See Ch. 240, Subdivision and Land Development.
(c) 
One off-street parking space shall be required per nonresident employee, plus parking for the dwelling, plus zoning parking requirements for customers shall apply.
(d) 
The use shall not involve loading or unloading by tractor-trailer trucks.
(e) 
Use shall not be conducted in a manner that is perceptible to residents of other lots between the hours of 9:00 p.m. and 7:30 a.m.
(f) 
A maximum of one sign shall be permitted, with a maximum of two square feet on each of two sides and a maximum height of five feet, and which shall not be illuminated. This sign shall not be located in a clear sight triangle or in the street right-of-way.
(g) 
The Zoning Hearing Board may limit the intensity of the use if determined to be necessary considering the location and the proximity of surrounding uses.
(3) 
Antenna, standard (includes amateur radio antenna).
(a) 
Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.
(b) 
Anchoring. An antenna shall be properly anchored to resist high winds, and is subject to building code requirements.
(c) 
Setback. Antennas shall be set back a minimum distance of 100 feet from all lot lines. See § 285-69[2] for front yard setback measurements.
[2]
Editor's Note: So in original.
(4) 
Bees, keeping of.
(a) 
The applicant shall maintain the bees in a manner that does not create a public nuisance. A permit is required for all zoning districts.
(b) 
Bee colonies shall be maintained within hives.
(c) 
Hives shall be located a minimum of 100 feet from any lot line, except this setback shall be reduced to 50 feet if a six-foot-minimum-height fence or solid hedge is located along the adjoining lot line for a distance of at least 100 feet from the hives.
(d) 
The approval to keep bees shall be revoked if the use is maintained in a way that results in unprovoked stinging of persons who are located on other lots or on streets or sidewalks.
(5) 
Bus shelter.
(a) 
A bus shelter may be constructed in any zoning district, provided the shelter is served by a regularly scheduled public bus route or a retirement community shuttle service.
(b) 
A building and zoning permit shall be required by the Township.
(c) 
If the bus shelter will be constructed within a street right-of-way, written permission shall be obtained from PennDOT or the Township, as applicable.
(d) 
A bus shelter shall have a maximum floor area of 60 square feet and be firmly anchored on a hard surface.
(e) 
A bus shelter shall be constructed primarily using clear shatter-resistant materials.
(f) 
A written agreement shall establish the party that will be responsible for maintaining the shelter. The Township may require that an escrow be provided to ensure proper maintenance and/or removal of the shelter.
(g) 
A bus shelter shall not obstruct a clear sight triangle.
(h) 
The Zoning Officer shall require the removal of a bus shelter within 60 days if the Zoning Officer becomes aware that the shelter is not being properly maintained or if it is no longer served by a bus route.
(6) 
Composting as an accessory use in all zoning districts (other than raising of mushrooms).
(a) 
All composting shall be conducted in such a manner that does not create a fire, rodent or disease-carrying-insect hazard and does not cause noxious odors off of the subject property.
(b) 
Composting shall be permitted as an accessory use, provided that the composting is limited to biodegradable vegetative material, including trees, shrubs, leaves, bark and vegetable waste. Such composting shall be kept free of other garbage and animal fats.
(c) 
Minimum lot area for composting of manure that was not generated on site: 25 acres. Any composting of manure shall comply with the latest edition of the Pennsylvania Manure Management Manual.
(d) 
Setbacks. Composting areas of greater than one acre shall be set back 100 feet from lot lines of abutting residential lot lines, except that a 300-foot minimum setback shall apply from all lot lines for composting of manure that was not generated on site.
(7) 
Day care, family: as accessory to a dwelling.
(a) 
An accessory use to a detached single-family dwelling in which four to six individuals, who are not related to the residents of the principal dwelling, are cared for or supervised during any calendar day. Care for more than six individuals is not a permitted use. Family day cares use shall be established in accordance with the provisions of West Lampeter Township, the Commonwealth of Pennsylvania and other agencies with jurisdiction.
(b) 
The use is permitted in the residential zoning districts.
(c) 
The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.
(d) 
The use shall be actively operated by a permanent resident of the dwelling.
(e) 
Off-street parking is required for dropping off and picking up children.
(f) 
See also "day-care" as a principal use in § 285-48, and day care as accessory to a place of worship in § 285-26B.[3]
[3]
Editor's Note: So in original.
(g) 
A day care use shall have a minimum setback for outdoor play areas of 25 feet from an abutting residential lot line. The day care outdoor recreation area shall comply with the Commonwealth of Pennsylvania and other agencies that may have jurisdiction.
(8) 
Drive-through facilities.
(a) 
As accessory to an approved commercial use, a drive-through is permitted in the Commercial/Industrial and the TV Zoning Districts.
(b) 
The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets and is subject to review by the Township Engineer through the SALDO[4] process.
[4]
Editor's Note: See Ch. 240, Subdivision and Land Development.
(c) 
On-lot traffic circulation and parking areas shall be clearly marked.
(d) 
A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
(e) 
Drive-through design shall include a pass-through lane.
(9) 
Farm-related business. This use may be approved on a lawful existing lot with a minimum lot area of 20 acres that includes a principal agricultural use.
(a) 
A farm-related business shall be defined as a low-intensity commercial or industrial activity that functions as a customary accessory use to an on-site principal agricultural use. Farm-related businesses are intended to provide supplemental income to farmers to encourage the continuation of farming and to provide needed services to other farmers. A farm-related business is a new use and therefore requires zoning approval through conditional use approval from the Board of Supervisors. SALDO, stormwater management and Building Code[5] requirements may also apply. Farms under a preservation program and/or Clean and Green shall provide the Township with written approval by the authority governing the specific program.
[5]
Editor's Note: See Ch. 240, Subdivision and Land Development, Ch. 230, Stormwater Management, and Ch. 120, Construction Codes, Uniform.
(b) 
A farm-related business shall be conducted by a resident or owner of the property, his/her relatives, and a maximum total of six other employees working on site at one time, in addition to employees of the agricultural use.
(c) 
Use of an agricultural building for business or commercial use shall require additional building code approvals. If a building(s) that existed prior to the effective date of this section are approved for use as a farm-related business, they must meet a 100-foot minimum setback from an adjacent residential use lot, unless a larger setback is required by another section of this chapter. Any new building constructed for a farm-related business and any new parking area for trucks shall be set back a minimum of 100 feet from any lot line, unless a larger setback is required by another section of this chapter. The total of all building floor areas used for a farm-related business shall not exceed 12,000 square feet. If an existing building is used, a larger building size may be approved at the discretion of the Zoning Hearing Board or Board of Supervisors, depending on whether a special exception or conditional use is required. The total area used by buildings, parking and storage for the farm-related business shall not exceed four acres or 10% of the lot area, whichever is less restrictive.
(d) 
The farm-related business shall not routinely require the overnight parking of more than two tractor-trailer trucks, other than trucks serving agricultural use.
(e) 
Any manufacturing operations shall be of a custom nature and shall be conducted indoors.
(f) 
The business shall not generate noxious odors, noise or glare beyond amounts that are typically generated by agricultural operations. Nonagricultural operations shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m.
(g) 
Any retail sales shall only be occasional in nature and shall occur by appointment or during a maximum of 30 hours per week. This provision shall not restrict permitted sale of agricultural products.
(h) 
Only one sign shall advertise a farm-related business, which shall have a maximum sign area of 10 square feet on each of two sides, which shall not be internally illuminated, and which shall have a maximum height of eight feet. The sign shall not be placed in a clear sight triangle or street right-of-way.
(i) 
The following activities shall be permitted by conditional use from the Board of Supervisors as a farm-related business. Through conditional use approval, the Board of Supervisors may approve any usage not listed below.
[1] 
Farm equipment/vehicle/small engine repair and modification, limited to one vehicle owned/leased by off parcel individuals. This usage shall not include a junkyard, auto body shop or spray painting.
[2] 
Animal husbandry, such as nonhousehold stable and kenneling of animals, which includes boarding, treating, training, breeding, raising, five or more animals that are older than six months of age.
[3] 
Office, construction tradesperson's, or landscaping business' headquarters.
[4] 
Educational tours and services, including music, hobby, trade or art instruction for up to 10 persons at a time.
[5] 
Artisan services, such as custom woodworking or butchering. This shall not include a commercial slaughterhouse or stockyard.
[6] 
Sawmill, welding, and custom machining of parts.
[7] 
Processing and storage of agricultural products produced on the premises.
[8] 
Use of a building for rental storage, such as for boats or recreational vehicles.
[9] 
Sales, processing or mixing of seeds, feed, chemical fertilizers, or wood/leaves/bark composting or mulch.
[10] 
Commercial farm tourism and special events, such as holiday activities and corn mazes.
(j) 
This subsection shall not regulate agricultural uses that are permitted under other provisions of this chapter.
(k) 
If an activity would be permitted as either a farm-related business or a home occupation, then the applicant may choose which set of provisions shall apply.
(l) 
One off-street parking space shall be provided per nonresident employee, plus parking for any dwelling. In addition, the applicant shall prove that sufficient parking will be available for customers, per the zoning parking requirements.
(m) 
All existing and new buildings shall maintain a residential or agricultural appearance, as viewed from a public street.
(n) 
The use shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types typically used in agriculture or a household.
(o) 
Landscaping buffer shall be placed between any outdoor storage of nonagricultural materials or products and any adjacent dwelling from which storage would be visible.
(p) 
The lot shall have provisions for trucks to turn around on the site without backing onto a public street. The Zoning Hearing Board shall consider the suitability of the adjacent roads for the amount and weights of truck traffic that will be generated.
(10) 
Fences and walls.
(a) 
Fences and walls are permitted in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences and walls that have deteriorated shall be replaced or removed.
(b) 
No fence, wall or hedge shall obstruct the sight distance as required by § 285-65C[6] and/or the Subdivision and Land Development Ordinance[7] or placed in the street right-of-way. A fence or wall shall not be placed in an easement.
[6]
Editor's Note: So in original.
[7]
Editor's Note: See Ch. 240, Subdivision and Land Development.
(c) 
Fences.
[1] 
Front yard. Any fence located in the required minimum front yard of a lot in a residential district shall:
[a] 
Be an open type of fence (such as picket, wrought iron, vinyl post, chain-link or split rail) with a minimum ratio of 1:1 of open to structural areas; and
[b] 
Not exceed four feet in height.
[2] 
On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. A fence shall not be placed in an intersection or driveway clear sight triangle.
[3] 
Height. A fence located in a residential district in a location other than a required front yard shall have a maximum height of six feet, and eight feet in any other district, except a maximum of height of 12 feet shall be permitted around a tennis court or where the applicant proves to the Zoning Hearing Board through a special exception that such taller height is necessary to protect public safety around a specific hazard. Fences that exceed six feet in height shall comply with Building Code requirements.
[4] 
Setbacks. No fence shall be built within a street right-of-way listed in § 285-69[8] or a utility or drainage easement. Property owners are responsible for knowing where their property boundaries are located. A fence may be constructed along a lot line, but not on the lot line itself. However, a fence shall be located on the inside of any buffer plantings required by § 285-65.[9] A fence shall not cross a property line or connect to a fence on an adjacent property. Property owners are responsible for maintaining the other side of their fence without trespassing.
[8]
Editor's Note: So in original.
[9]
Editor's Note: So in original.
[5] 
Fence materials. Barbed wire shall not be used as part of fences around dwellings in residential districts. Electrically charged fences shall only be used to contain farm animals and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels.
(d) 
Walls.
[1] 
Engineered retaining walls necessary to hold back slopes are exempted from setbacks and are permitted by as needed in all districts. However, if a retaining wall is over eight feet in height, it shall be set back a minimum of 15 feet from a lot line of an existing dwelling. Engineered retaining walls and walls that are four feet in height or greater require Building Code approvals.
[2] 
No wall of greater than 2 1/2 feet shall be located in the required front yard, except as a backing for a permitted sign as permitted in § 285-59. No wall shall be constructed in the street right-of-way referenced in § 285-69.[10] Accessory structure side yard setbacks shall apply to walls.
[10]
Editors' Note: So in original.
[3] 
A wall in a residential district outside of a required front yard shall have a maximum height of three feet and shall meet the accessory structure setback.
[4] 
Walls that are attached to a building shall be regulated as a part of that building.
(11) 
Food truck.
(a) 
Applicant shall provide with their application a complete parking plan and schedule, liabilities, state and county licenses and approval.
(b) 
The use is only permitted in the zoning district in which the use is already permitted.
(c) 
The food truck may not be parked in a residential area, or on public streets.
(d) 
If the parking plan contains areas of an existing business, an affidavit from the owner granting permission to park will be required.
(e) 
The use will only be granted a temporary use certificate, associated with one.
(f) 
Location. The certificate will only be granted for a term of three months.
(12) 
Garage sale (includes yard sale, moving sale and porch sale).
(a) 
See definition in Article II. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.
(b) 
Each dwelling may have a maximum of six garage sales in any calendar year. Each sale shall be at least one month apart. Each sale shall last a maximum of three days.
(c) 
The use shall be clearly accessory to the principal use.
(d) 
No outdoor storage shall be permitted when the sale is not in operation.
(e) 
All items shall be placed and offered for sale within the confines of the property described in the permit.
(f) 
No toxic or alcoholic beverages shall be offered for sale at a garage sale.
(g) 
See the sign provisions for garage sales in Article VII.
(13) 
Home occupations.
(a) 
All home occupations shall meet the following requirements:
[1] 
The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.
[2] 
The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
[3] 
An accessory building or structure can be utilized as the location for a home occupation, provided that said area shall be included in the total area permitted for a home occupation use, which is limited to 20% of the floor area of the principal dwelling.
[4] 
One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.
[5] 
The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks or more frequently than normal residential delivery.
[6] 
The regulations of Subsection D(17)(c) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7] 
No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.
[8] 
A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.
[9] 
Any tutoring or instruction shall be limited to a maximum of three students at a time.
[10] 
A barbershop or beauty shop shall not include any nonresident employees.
[11] 
The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
[12] 
A home occupation may include one two-square-foot nonilluminated sign, as permitted by Article VII.
[13] 
The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic; the types of operations involved and related nuisances; the amount of off-street and on-street parking that is available; the density of the neighborhood; whether the use would be adjacent to another dwelling; visitation of customers and clients (including time of visitation and amount); and setbacks from other dwellings.
[14] 
The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
[15] 
The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barbershop/beauty shop.
[16] 
If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.
[17] 
A zoning permit shall be required for any home occupation.
[18] 
One, nonilluminated building or hanging sign may be permitted and shall be no greater than two square feet.
[19] 
This use would be subject to further Township approvals under the West Lampeter Township Construction Code.[11]
[11]
Editor's Note: See Ch. 120, Construction Codes, Uniform.
[20] 
The applicant shall submit evidence of all applicable county, state and federal approvals.
(b) 
In addition to the requirements listed in Subsection D(13)(a) above, the following additional requirements shall apply to a home occupation, no-impact:
[1] 
The use shall not routinely involve routine visits to the home occupation by customers.
[2] 
The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes.
[3] 
Only residents of the dwelling may be engaged in the home occupation use.
[4] 
Home occupations shall be limited to not more than 20% of the floor area of the dwelling unit.
[5] 
The home occupation shall not alter the appearance of the building as a dwelling unit, and no signs shall be displayed for the usage.
[6] 
No outdoor storage is allowed. No goods shall be displayed so as to be visible from the exterior of the premises.
[7] 
No sales of any goods or merchandise shall occur on the premises.
[8] 
No manufacturing shall occur on the premises other than the products of customary arts, hobbies and fabrication of garments by a seamstress.
[9] 
The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks or more frequently than normal residential delivery.
[10] 
The use shall only involve the following activities:
[a] 
Work routinely conducted within an office;
[b] 
Custom sewing and fabric and basket crafts;
[c] 
Cooking and baking for off-site sales and use;
[d] 
Creation of visual arts (such as painting or wood carving);
[e] 
Repairs to and assembly of computers and computer peripherals; and
[f] 
A construction tradesperson, provided that a maximum of one nonresident employee shall routinely operate from the lot.
(14) 
Outdoor storage and display, commercial or industrial, as a principal or accessory use. (For residential outdoor storage, see "residential accessory use" in this section.)
(a) 
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area. Storage area shall be in compliance with any recorded land development plan.
(b) 
No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodplain.
(c) 
Screening. See § 285-22.
(d) 
Tire storage.
[1] 
For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 used tires in a nonresidential district shall only be permitted as part of a Township-approved junkyard.
[2] 
The outdoor storage of less than 50 used tires shall be limited to the Commercial Highway and Industrial Mixed Districts.
[3] 
If the same set of tires is stored on a lot for more than six months, they shall be stored within a completely enclosed building.
[4] 
The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.
(15) 
Parking and storage of motor vehicles, recreational vehicles, boats and trailers.
(a) 
No abandoned, junked, or dismantled motor vehicles and/or motor vehicles without current license plates and current inspection stickers shall be parked or stored in any zoning district outside of an enclosed building.
(b) 
The storage or parking of any commercial motor vehicle upon any lot within a residential zone or any other lot that is used principally for residential purposes is prohibited. For purposes of this section, commercial trucks shall include those that exceed a one-ton capacity. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited on any residentially zoned lot or lot used principally for residential purposes.
(c) 
Recreational vehicles, boats, campers, and trailers. Within any residential zone, or upon any property used principally for residential purposes, the storage of recreational vehicles, travel trailers, trucks, boats and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements:
[1] 
For the purposes of this section, recreational vehicles, travel trailers, boats (including trailers) and other trailers used solely for transport of the residents' recreational vehicle(s) are divided into two separate categories, as follows:
[a] 
Class I vehicles. Those recreational vehicles, travel trailers, boats (including trailers) and other vehicles used solely for the transport of the residents' recreational vehicle(s) that possess no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not include vehicle accessories, such as air conditioners, vents, hatches, masts, antennas, outrigging, fishing poles, etc., but will be measured to the highest point of any flybridge or other boat console.
[b] 
Class II vehicles. Those recreational vehicles, travel trailers, boats (including trailers) and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicles outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not include vehicle accessories, such as air conditioners, vents, hatches, masts, antennas, outrigging, fishing poles, etc., but will be measured to the highest point of any flybridge or other boat console.
[2] 
The temporary parking of one Class I or Class II vehicle for periods not to exceed one week during any given thirty-day period is permitted on a paved or gravel surface of a driveway, so long as the vehicle is set back no less than 10 feet from any street right-of-way, and five feet from adjoining property line. The temporary storage of such vehicle shall not obstruct the view of any motorists leaving adjacent driveways or at a street intersection.
[3] 
The storage of one Class I vehicle shall be permitted per lot behind any building setback line, so long as the unit is set back no less than five feet from any adjoining property line. All areas used for the storage of the Class I vehicles shall be maintained so as to keep vegetation properly trimmed in accordance with Chapter 197, Property Maintenance, and all debris or litter shall be disposed of regularly. All grass surfaces shall not be permitted to become deteriorated to an erodible state. All vehicles shall maintain a required licensure and prevent the leakage of fuels and/or lubricants into the ground.
[4] 
Except as permitted in Subsection D(15)(C)[2] above, and as permitted below, the parking or storage of any Class II vehicle is expressly prohibited in any residential zone, or on any property used principally for residential purposes. The storage of one Class II vehicle on a residentially zoned parcel, or a parcel used for a principal residence, is permitted, subject to the following requirements:
[a] 
In no case shall the vehicle contain more than 320 square feet, as measured to the vehicles outermost edges, nor exceed a height of 13 feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not include vehicle accessories, such as air conditioners, vents, hatches, masts, antennas, outrigging, fishing poles, etc., but will be measured to the highest point of any flybridge or other boat console.
[b] 
All vehicles shall be set back a horizontal distance equal to the zone's principal use setbacks.
[c] 
No vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses.
[d] 
Screening, as described in this chapter, shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot, and stores the vehicle on an adjacent vacant lot that they own. One ten-foot-wide break in the required screening may be provided along one rear or side lot line for vehicular access onto an adjoining alley.
[e] 
All areas used for the storage of Class II vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground. Grass surface areas shall not be permitted to become deteriorated to an erodible state.
(d) 
All boats shall be appropriately tarped to prevent the accumulation of water or other debris inside the boat.
(e) 
The requirements of this section shall not be applicable to agriculturally used lots that are parking and storing farm implements and other farm vehicles not normally used as a means of conveyance upon public streets.
(16) 
Pets, keeping of.
(a) 
This is a permitted accessory use in all districts. No zoning permit is required.
(b) 
No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner. See also State Dog Law[12] and Libre's Law.
[12]
Editor's Note: See 3 P.S. § 459-101 et seq.
(c) 
A maximum combined total of five dogs and cats are be permitted to be kept by residents of each dwelling unit.
[1] 
Such limits shall only apply to dogs or cats over six months of age.
[2] 
Any greater number of dogs and/or cats shall need approval as a kennel.
[3] 
No limit shall apply to the number of cats kept on a farm of more than 20 acres.
(d) 
Up to five pigeons, chickens, roosters, ducks, geese and/or similar fowl may be kept on a lot that contains at least one acre.
(e) 
Any keeping of pets shall only be permitted, provided it does not create unsanitary conditions or noxious odors for neighbors.
(f) 
Horses. Minimum lot area: two acres for first horse or similar animal, plus one acre for each horse or similar animal in excess of one. A maximum of 10 horses or similar animals may be kept, unless the use is approved as a nonhousehold stable or is a farm that is managed by a conservation and nutrient management plan. Any horse barn, feed areas, manure storage areas or stable shall be a minimum of 75 feet from any residential lot line, unless or more restrictive setback applies elsewhere in this chapter.
[1] 
However, as a special exception, the minimum lot area for keeping one horse may be reduced to one acre, as an accessory use to a detached dwelling, provided 1) the horse is the principal mode of transportation for the resident; and 2) adequate, safe and healthful means of disposal of animal waste is used at all times.
(g) 
Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, gerbils and lizards.
[1] 
The following and similar animals shall not be kept as pets, except that the Zoning Hearing Board may approve a particular number and type of species as a special exception if the applicant proves they will not cause nuisances or hazards: goats, cows, hogs or sheep.
(h) 
It shall be unlawful on a residential lot to keep any "exotic wildlife," as defined by the Pennsylvania Game and Wildlife Code,[13] whether or not an exotic wildlife possession permit has been issued.
[13]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
(17) 
Residential accessory structure or use (see definition in Article II).
(a) 
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot.
(b) 
Accessory buildings in a residential district on a lot of less than two acres shall meet the following requirements:
[1] 
Maximum total floor area of all accessory buildings: 1,000 square feet.
[2] 
Maximum of two accessory buildings per lot.
(c) 
Parking of commercial trucks. The overnight outdoor parking of commercial trucks or the trailer from a tractor-trailer combination on a principal residential lot in a residential district is prohibited, except that one of the following shall be permitted if such vehicle(s) is used by residents of the dwelling to travel to and from work:
[1] 
The parking of a maximum of one vehicle of up to 14,000 pounds aggregate gross vehicle weight; or
[2] 
The parking of one vehicle with an aggregate gross vehicle weight of over 14,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 100 feet from any dwelling on another lot and provided a row of evergreen trees meeting § 285-22 is planted to buffer views of the vehicle from the street and dwellings on other lots.
[3] 
Construction equipment that is not primarily intended for on-road use shall not be stored overnight in a residential district.
(d) 
Repairs. Repairs of a truck with an aggregate gross vehicle weight of over 14,000 pounds shall not occur on a residential lot. Repairs of motor vehicles that are not owned or leased by a resident of the lot or his/her relative shall not occur on a residential lot.
(e) 
See setback exceptions in Article III and Article IV.
(f) 
Unregistered vehicles and junk vehicles. A maximum of one unregistered vehicle may be kept outside of an enclosed building on a residential lot, provided it is not disassembled or damaged to the degree that it is inoperable or would not pass a safety inspection. A maximum of two unregistered vehicles may be kept outside of an enclosed building on any other lot, except as specifically permitted otherwise for a certain use. No junk vehicle may be kept on a residential lot unless it is kept within an enclosed building. See also the definition of "junkyard."
(g) 
Parking. All areas used for the parking or overnight storage of vehicles, recreational vehicles and boats shall be made of Township approved surfaces such as concrete, asphalt, or compacted gravel.
(h) 
No outdoor overnight storage shall be allowed in a minimum front yard of a dwelling, except for firewood. No outdoor overnight storage of materials or items shall be allowed for more than 90 days on a residential lot outside of the minimum front yard, other than firewood. No outdoor storage of trash shall be allowed in a front yard unless the trash is awaiting imminent pickup on that day.
(18) 
Retail sales of agricultural products as an accessory use.
(a) 
The use shall be an accessory use incidental to a crop farming, greenhouse, plant nursery, orchard, winery or raising of livestock use. The retail sales shall be located on land owned by the operator of the market or upon a tract of five acres or more which the operator of the market actively farms.
(b) 
The only retail sales shall be of seasonal agricultural products and horticultural products, in addition to any handmade crafts produced by the operator of the market and/or his/her family. An average of not less than 50% of the products sold on site shall have been produced by the operator or his/her family. This percentage may vary month to month, provided that the average is met.
(c) 
Off-street parking shall be provided in compliance with the provisions of Article I. No parking shall be permitted in such a way that it creates a safety hazard. See also requirements in Chapter 240, Subdivision and Land Development.
(d) 
Any structure erected for this use that is not clearly permanent in nature shall be disassembled during seasons when products are not offered for sale. No more than one structure per parcel of land will be permitted.
(e) 
Signs. See Article VII.
(f) 
No stand shall be located closer than 50 feet from a lot line of an existing dwelling, 25 feet from any other lot line or 100 feet from the closest intersecting point of street rights-of-way at a street intersection,
(g) 
The structure shall be open on at least 25% of the perimeter of the structure when in operation.
(h) 
The structure shall not exceed 1,000 square feet of floor area.
(19) 
Sewage sludge/biosolids, land application of.
(a) 
The applicant shall provide written evidence to the Township that sufficient safeguards will be in place to protect the public health and safety and the water quality of groundwater and surface waters. This should include, but not be limited to, provisions for regular testing of the material that is spread and for ongoing water quality monitoring.
(b) 
A copy of all test results of the material that is spread, and any test results of water quality shall be provided to the Zoning Officer within six days after they are received by the operator of the use or the landowner.
(20) 
Stable, household. See "Pets, keeping of" in this § 285-49.
(21) 
Swimming pool, household (referred to hereafter as "pool").
(a) 
A swimming pool capable of holding 24 inches or more of water requires zoning, building and stormwater approvals.
(b) 
A swimming pool shall not be located in a front yard. The water surface and any raised decking of an aboveground swimming pool shall be set back a minimum of eight feet from side and rear lot lines. An in-ground swimming pool with concrete decking and all surrounding hardscaping shall meet a side and rear setback minimum of 10 feet.