27-1 ZONING CHAPTER 27 ZONING PART 1 BACKGROUND

Transcription

ZONING
CHAPTER 27
ZONING
PART 1
BACKGROUND PROVISIONS
§101.
§102.
§103.
§104.
§105.
§106.
§107.
§108.
§109.
§110.
§111.
§112.
Short Title
Purpose
Scope
Interpretation
Conflict
Validity
Uses Not Provided For
Establishment of Zones
Zoning Map
Zone Boundary Lines
Community Development Objectives
Definitions
PART 2
ZONE REGULATIONS
§201.
§202.
§203.
§204.
§205.
§206.
§207.
§208.
§209.
§210.
§211.
§212.
Agricultural Zone (A)
Rural Residential Zone (R)
Residential Zone (R-1)
Residential Zone (R-2)
Neighborhood Commercial Zone (NC)
General Commercial Zone (GC)
Regional Commercial Zone (RC)
Industrial Zone (I)
Farm Support Zone (FS)
Quarry Zone (Q)
Open Space Zone (OS)
Floodplain Zone (FP)
PART 3
GENERAL PROVISIONS
§301. General Provisions
§302. Accessory Uses and Structures
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§303.
§304.
§305.
§306.
§307.
§308.
§309.
§310.
§311.
§312.
§313.
§314.
§315.
§316.
§317.
§318.
§319.
§320.
§321.
§322.
§323.
§324.
Unenclosed Storage
Setback Modifications
Height Limit Exception
Clear Sight Triangle
Minimum Habitable Floor Area
Erection of More than One Principal Use on a Lot
Required Vehicular Access
Driveway Requirements (Single-Family Dwelling)
Access Drive Requirements
Off-Street Parking Requirements
Off-Street Loading Facilities
Screening and Landscaping Requirements
Outdoor Signs
Roadway Classifications.
Zoning Requirements for Use of Onlot Sewage Disposal Systems
Permanent/Temporary Occupancy Requirements
Junkyards
Operations and Performance Standards
Outdoor Storage and Display Requirements
Required Traffic Study Standards
Common Open Space Requirements
Litter
PART 4
SPECIFIC CRITERIA
§401.
§402.
§403.
§404.
§405.
§406.
§407.
§408.
§409.
§410.
§411.
§412.
§413.
§414.
§415.
§416.
§417.
§418.
Specific Standards for Special Exception and Conditional Uses
Reserved for Future Use
Adult Related Facilities
Airport/Heliport
Amusement Arcades
Automobile Auctions and/or Automobile Storage Compounds
Automobile, Boat, Farm Machinery, Truck, Trailer, Mobile Home & Heavy
Equipment Service and Repair Facilities
Automobile Filling Stations (Including Minor Incidental Repair)
Bed and Breakfast
Boarding House
Campground
Car Wash
Church and Related Uses
Clubhouses for Private Clubs
Cluster Development (R-1) Zone
Cluster Development (R-2) Zone
Commercial Day Care Facilities
Commercial Hog Operations
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§419.
§420.
§421.
§422.
§423.
§424.
§425.
§426.
§427.
§428.
§429.
§430.
§431.
§432.
§433.
§434.
§435.
§436.
§437.
§438.
§439.
§440.
§441.
§442.
§443.
§444.
§445.
§446.
§447.
§448.
§449.
§450.
§451.
§452.
§453.
§454.
§455.
§456.
§457.
§458.
§459.
§460.
§461.
§462.
Commercial Poultry Operations
Commercial Produce Operations
Commercial Recreation Facilities
Commercial Stockyards or Feedlots
Communication Antennas, Towers and Equipment
Convenience Commercial Center
Convenience Stores
Convention Centers
Drive-Through and/or Fast Food Restaurant
Dry Cleaners, Laundries and Laundromats
Echo Housing
Farmers and/or Flea Markets
Farm House Expansion
Farm Occupations
Farm Support Businesses
Golf Course
Group Day Care Facility
Health and Fitness Club
Heavy Equipment Sales, Service and/or Repair Facilities
Heavy Industrial Uses
Home Occupation
Home Improvement and Building Supply Stores
Hospital and Related Uses
Hotels and Related Dining Facilities
Junkyard
Kennels
Medical Residential Campus
Mini Warehouses
Mobile Home Parks
Nightclubs
Nursing, Rest or Retirement Home
Off-Track Betting Parlors
Private and Commercial Schools
Public Transportation Depots
Public Uses
Quarries and Other Extractive Related Uses
Recycling Stations for Paper, Plastic, Glass and Metal Products
Riding School and/or Horse Boarding Stable
Rural Occupations
Sawmills
Shooting Ranges
Shopping Centers
Single-Family Detached Dwellings
Slaughtering, Processing, Rendering and Packaging of Products and Byproducts
Produced from Animal Remains
§463. Solid Waste Handling Facilities
§464. Spent Mushroom Compost Processing and/or Commercial Mushroom Operations
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§465.
§466.
§467.
§468.
§469.
§470.
Truck Stops and/or Motor Freight Terminals
Two- Family Conversions
Warehousing and Wholesale Trade Establishments
Billboards
Private Garages
Retirement Housing
PART 5
NONCONFORMITIES
§501.
§502.
§503.
§504.
§505.
§506.
§507.
§508.
§509.
Continuation
Abandonment
Expansion or Alteration
Substitution or Replacement
Restoration
Previously Expanded Nonconforming Uses and Structures
Nonconforming Lots of Record
Amortization of Nonconforming Signs
Amortization of the Nonconforming Storage of Junk Upon Residential Properties
PART 6
ZONING HEARING BOARD
§601.
§602.
§603.
§604.
§605.
§606.
§607.
§608.
§609.
Establishment and Membership
Organization of Board
Expenditures for Services
Hearings
Board Functions
Parties Appellant Before the Board
Time Limitations
Stay of Proceeding
Appeal
PART 7
ADMINISTRATION
§701.
§702.
§703.
§704.
§705.
Administration and Enforcement
Permits
Fees
Amendments
Conditional Uses
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PART 8
ZONING MAP RECLASSIFICATIONS
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ZONING
PART 1
BACKGROUND PROVISIONS
§101. SHORT TITLE.
This Chapter shall be known and may be cited as the "Salisbury Township Zoning Ordinance of
1990."
(Note: The above Section 101 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §101.)
§102. PURPOSE.
This Chapter is enacted to promote, protect and facilitate the public health, safety, morals,
general welfare, coordinated and practical community development, proper density of population, the provisions of adequate light and air, police protection, vehicle parking and loading
space, transportation, water, sewerage, schools, public grounds and other public requirements,
as well as to prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood panic or other dangers and the preservation of farmland. This Chapter is enacted in accordance with an overall planning program,
and with consideration for the character of the Township, its various parts and the suitability of
the various parts for particular uses and structures.
§103. SCOPE.
From and after the effective date of this Chapter, the use of all land and any building or
structure or portion of a building or structure erected, altered with respect to height and area,
added to or relocated, and every use within any building or structure or use accessory thereto, in
the Township shall be in conformity with the provisions of this Chapter. Any legally established
existing building or land not in conformity with the regulations herein prescribed shall be
regarded as nonconforming but may be continued, extended or changed subject to the special
regulations herein provided with respect to nonconforming buildings, structures or uses.
§104. INTERPRETATION.
1.
In interpreting and applying the provisions of this Chapter, they shall be held to be the
minimum requirements for the promotion of the health, safety and general welfare of
the residents of the Township.
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2.
In interpreting the language of zoning ordinances to determine the extent of the restriction
upon the use of the property, the language shall be interpreted, where doubt exists as to the
intended meaning of the language written and enacted by the Board of Supervisors, in favor
of the property owner and against any implied extension of the restriction.
§105. CONFLICT.
It is not intended by this Chapter to repeal, abrogate, annul or interfere with any existing ordinance or enactment, or with any rule, regulation or permit adopted or issued thereunder, except
insofar as the same may be inconsistent or in conflict with any of the provisions of this Chapter;
provided, that where this Chapter imposes greater restrictions upon the use of buildings or land
or upon the height and bulk of buildings or prescribed larger open spaces than are required by
the provisions of other such ordinance, enactment, rule, regulation or permit, then the provisions of this Chapter shall control. Furthermore, if a discrepancy exists between any regulations contained within this Chapter, that regulation which imposes the greater restriction shall
apply.
§106. VALIDITY.
Should any section or provision of this Chapter be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this Chapter as a whole or of any
other part thereof.
§107. USES NOT PROVIDED FOR.
If a use is neither specifically permitted nor prohibited under this Ordinance and an application
is made by a Landowner to the Zoning Officer for such use, the Zoning Officer shall refer the
application to the Zoning Hearing Board to hear and decide such request as a special exception.
The Zoning Hearing Board shall permit the use or deny the use in accordance with the
standards for the consideration of special exceptions contained herein. The use may be
permitted if it (1) is of the same general character as the enumerated permitted uses in the zone;
(2) is in accordance with the intended purpose of the zone; (3) is compatible with the permitted
uses in the zone; (4) is not permitted in any other zone by the Ordinance; and (5) will comply
with all performance standards applicable to permitted uses in the zone. The duty to present
evidence and the burden of proof shall be on the applicant to demonstrate that the proposed use
is of the same general character as the enumerated permitted uses in the zone, is in accordance
with the intended purpose of the zone, is compatible with the permitted uses in the zone, is not
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permitted in any other zone, and will comply with al performance standards applicable to
permitted uses in the zone.
(Note: The above Section 107 was amended on May 16, 2006, by Ordinance No. 5-16-06-1)
§108. ESTABLISHMENT OF ZONES.
For the purpose of this Chapter, Salisbury Township is hereby divided into zones which shall be
designated as follows:
Agricultural (A)
Rural Residential (R)
R-1 Residential (R-1)
R-2 Residential (R-2)
Neighborhood Commercial (NC)
General Commercial (GC)
Regional Commercial (RC)
Industrial (I)
Farm Support (FS)
Quarry (Q)
Open Space (OS)
Floodplain (FP)
§109. ZONING MAP.
The areas within Salisbury Township, as assigned to each zone and the location of the zones
established by this Chapter, are shown upon the Zoning Map, which together with all explanatory matter thereon, is attached to and is declared to be a part of this Chapter.
§110. ZONE BOUNDARY LINES.
The zone boundary lines shall be as shown on the Zoning Map. Zone boundary lines are intended to coincide with lot lines, centerlines of streets and alleys, railroad rights-of-way,
streams, the corporate boundary of the Township or as dimensioned on the map. In the event of
dispute about the location of the boundary of any zone, the Zoning Officer shall investigate and
render a decision on the location of the line. Appeals from this decision shall be made to the
Zoning Hearing Board.
§111. COMMUNITY DEVELOPMENT OBJECTIVES.
This Chapter is enacted in accordance with the Salisbury Township Comprehensive Plan and
has been formulated to implement the purpose set forth in §102, above. The Chapter is enacted
with regard to the following community development objectives as listed in the Township
Comprehensive Plan:
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A.
Maintain the Township's rural/agricultural character despite the presence of
accelerating development pressures.
B.
Accommodate a "fair-share" of growth rather than encouraging more development.
C.
Maintain agriculture as the predominate land use within the limestone valley.
D.
Protect productive farmlands to prolong agricultural viability within the Township.
E.
Promote development on moderately steep slopes as opposed to prime agriculture soils.
F.
Prevent future "strip-development" patterns along major roads.
G.
Maintain existing commercially-zoned areas that are largely undeveloped and/
or under utilized.
H.
Discourage the establishment of new large-scale commercial developments
within the Township, due to the availability of such uses in nearby municipalities.
I.
Limit future commercial areas to the Gap vicinity.
J.
Promote small and light industries as the preferred form of industrial development.
K.
Remain sensitive to the special land use needs of the Township's plain-sect
residents.
L.
Protect sensitive environmental features (e.g. floodplains, wetlands, steep
slopes, marshes, caves, hazardous or unique geology, important wildlife habitats,
prime farmlands, etc.) from indiscriminate development.
M.
Assure that future land uses are compatible with adjoining uses in neighboring
municipalities.
N.
Acknowledge and continue legally-established existing land uses.
O.
Coordinate land use with the findings of the Township's Official Sewage Plan.
P.
Continue and enhance the pleasing appearance of the Township's urban land
uses.
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Q.
Coordinate future land use and roadway functions to maximize efficient use of
the Township's existing major roads.
R.
S.
Coordinate existing roadway functions with appropriate design standards.
Coordinate future road improvements with projected roadway functions and
adjoining planned land uses.
T.
Assure that future developments provide for access designs and locations that
minimize traffic congestion and safety problems.
U.
Acknowledge and plan for the "regional" traffic that passes through the Township on a regular basis.
V.
Encourage developer-provided road improvements that are needed.
W.
Maximize the efficient use of the Township's public utility systems.
X.
Encourage the extension of public utility lines to future development areas at the
developers' expense.
Y.
Investigate means of increasing effective sewage capacity and reducing reliance
on malfunctioning on-site disposal systems.
Z.
Identify means to assure that adequate water quality and quantity is provided for
domestic use and firefighting purposes.
AA.
Discourage sizable residential development in areas that are not served by public
utilities.
BB.
Promote the use of gravity-flow sewage systems over pressurized systems.
CC.
Require adequate storm water management measures that prevent adverse
impact to surrounding properties, and watercourses.
DD.
Cooperate with the Lancaster County Solid Waste Management Authority in the
disposal of Lancaster County's solid waste.
EE.
Encourage cooperation and coordination of Township government and School
District facilities and services.
FF. Provide for improved recreational opportunities with an emphasis towards
developer provided neighborhood parks and an additional Township-operated
community park in the northeastern section of the Township.
GG.
Assure adequate police, fire and ambulance service at all times during the time
frame of the plan.
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HH.
Assure the general welfare of all residents, employees and properties located
within the Township.
§112. DEFINITIONS.
1.
Word Usage. Words and phrases shall be presumed to be used in their ordinary context
unless such word or phrase is defined differently within this Section.
2.
Language Interpretation. In this Chapter, when not inconsistent with the context:
3.
A.
Words in the present tense imply also the future tense.
B.
The singular includes the plural.
C.
The male gender includes the female gender.
D.
The word "person" includes an individual, unincorporated association, partnership, corporation or other similar entity.
E.
The term "shall" or "must" is always mandatory.
F.
Within each zone, any use not specifically permitted shall be considered to be
prohibited.
Specific Words and Phrases. The following words and phrases shall have the particular
meaning assigned by this Section in the appropriate sections of this Chapter:
ACCESS DRIVE - an improved cartway designed and constructed to provide
for vehicular movement between a street and a tract of land containing any use
other than one single-family dwelling unit or farm.
(Note: The above definition was amended on February 15, 2000, by Ordinance No. 2-25-00-3.)
ACCESSORY USE - a use customarily incidental and subordinate to the
principal use or building and located on the same lot as the principal use or
building. No accessory use may be housed or conducted within any bus, boat,
truck, truck trailer, truck bed, truck body, travel trailer or other part of any motor
vehicle.
ACT - the Pennsylvania Municipalities Planning Code.
ADULT-RELATED FACILITIES - a business or club which engages in one
or more of the following areas of sales, services or entertainment:
(1)
ADULT BATH HOUSE - an establishment or business which provides
the services of baths of all kinds, including all forms and methods of hy27-11
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drotherapy during which specified anatomical areas are displayed or
specified sexual activity occurs. This subsection shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical
practitioner. A medical practitioner, for the purpose of this Chapter, shall
be a medical doctor, physician, chiropractor, or similar professional
licensed by the Commonwealth of Pennsylvania.
(2)
ADULT BODY PAINTING STUDIO - any establishment or business
which provides the service of applying paint or other substance whether
transparent or nontransparent to or on the human body when specified
anatomical areas are exposed.
(3)
ADULT BOOKSTORE - any establishment which has a substantial or
significant portion of its stock in trade:
(a)
Books, films, magazines or other periodicals or other forms of
audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified
sexual activities or specified anatomical areas.
(b)
Instruments, devices or paraphernalia which are designed for use
in connection with specified sexual activities.
(4)
ADULT CABARET - a nightclub, theater, bar or other establishment
which features live or media representations of performances by topless
or bottomless dancers, go-go dancers, exotic dancers, strippers or similar
entertainers, where such performances are distinguished or characterized
by an emphasis on specified sexual activities or specified anatomical
areas.
(5)
ADULT MASSAGE ESTABLISHMENT - any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms
and methods of physiotherapy, unless operated by a medical practitioner,
chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club,
school, gymnasium, reducing salon, spa or similar establishment where
massage or similar manipulation of the human body is offered as an
incidental or accessory service.
(6)
ADULT MINI MOTION PICTURE THEATER - an enclosed or unenclosed building with a capacity of more than five, but less than 50
persons used for presenting any form of audio or visual material, and in
which a substantial portion of the total presentation time measured on an
annual basis is devoted to the showing of material which is distinguished
or characterized by an emphasis on depiction or description of specified
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(7)
ADULT MODEL STUDIO - any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas
are provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure
studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of
Pennsylvania for the issuance or conferring of, and is in fact authorized
thereunder, to issue and confer a diploma.
(8)
ADULT MOTEL - a motel or similar establishment offering public
accommodations for any consideration, which provides patrons with
material distinguished or characterized by an emphasis on depiction or
description of specified sexual activities or specified anatomical areas.
(9)
ADULT MOTION PICTURE ARCADE - any place to which the public
is permitted or invited wherein coin or slug operated or electronically or
mechanically controlled still or motion picture machines, projectors or
other image producing devices are maintained to show images to five or
fewer persons per machine at any one time, and where the images so
displayed are distinguished or characterized by an emphasis on depiction
or description of specified sexual activities or specified anatomical areas.
(10)
ADULT MOTION PICTURE THEATER - an enclosed or unenclosed
building with a capacity of 50 or more persons used for presenting any
form of audio or visual material, and in which a substantial portion of
the total presentation time measured on an annual basis is devoted to the
showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(11)
ADULT NEWSRACK - any coin-operated machine or device which
dispenses material substantially devoted to the depiction of specified
(12)
ADULT OUTCALL SERVICE ACTIVITY - any establishment or business which provides an outcall service which consists of individuals
leaving the premises upon request or by appointment to visit other
premises for a period of time for the purpose of providing any service
during which time specified anatomical areas are displayed or specified
sexual activity occurs.
(13)
ADULT SEXUAL ENCOUNTER CENTER - any business, agency or
person who, for any form of consideration or gratuity, provides a place
where two or more persons, not all members of the same family may
congregate, assemble or associate for the purpose of engaging in
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specified sexual activity or exposing specified anatomical areas,
excluding psychosexual workshops, operated by a medical practitioner
licensed by the Commonwealth, to engage in sexual therapy.
(14)
ADULT THEATER - a theater, concert hall, auditorium or other similar
establishment, either indoor or outdoor in nature which regularly features
live performances which are distinguished or characterized by an
emphasis on specified sexual activities or by exposure of specified
anatomical areas for observation by patrons.
(15)
Any other business or establishment which offers its patrons services or
entertainment characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas."
AGRICULTURE - the tilling of the soil, the raising of crops and the keeping or
raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry,
rabbits, birds, fish, bees, and other similar animals. This definition also includes
noncommercial greenhouses and mushroom houses, roadside stands, and incidental slaughter of livestock raised on the site for personal consumption.
ALLEY - a minor right-of-way, privately or publicly owned, primarily for
service access to the rear or sides of properties, and not intended to be used for
through vehicular traffic movements.
ALTERATIONS - any change in the supporting members of a building or
structure such as bearing walls, columns, beams or girders, joists or rafters or
enclosing walls. Any renovation to a building which would change its use.
AMUSEMENT ARCADE - a commercial establishment which provides as a
principal use, amusement devices and/or games of skill or chance (e.g., pinball
machines, video games, skeeball, electronic or water firing ranges and other
similar devices). This definition does not include the use of two or less such
devices as an accessory use.
ANIMAL HOSPITALS - any establishment offering veterinary services.
Animal hospitals can treat all types of animals and can include outdoor and
overnight boarding of animals.
AREA - the two-dimensional measurement of space between known lines or
boundaries.
Building Area: the total area of all buildings (principal and accessory)
taken on one or more horizontal planes that are directly between the
ground and the sky, exclusive of uncovered porches, awnings, terraces,
and steps (e.g., top view).
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Gross Floor Area: the sum of the floor areas of a building as measured
to the outside surfaces of exterior walls and/or all areas intended for the
conduct of a use.
Habitable Floor Area: the sum of the floor areas of a dwelling unit as
measured to the outside surfaces of exterior walls and including all
rooms used for habitation, such as living room, dining room, kitchen,
basement, bedroom, bathroom, family room, closets, hallways, stairways, and foyers, but not including cellars or attics, service or utility
rooms, nor unheated areas such as enclosed porches.
Lot Area: the total surfacial area contained within the property lines of a
lot.
Retail Sales Area: the total area of use which is devoted to the display
of goods and/or services, including aisles, to prospective patrons.
ATTIC - that part of a building which is immediately below and completely or
partly within the roof framing. Within a dwelling unit, an attic shall not be
counted as floor area unless it is constructed as or modified into a habitable
room by the inclusion of dormer windows, an average ceiling height of five (5)
feet or more, and a permanent stationary interior access stairway to a lower
building story.
AUTOMOBILE AUCTION - a use whereby passenger vehicles are offered for
wholesale and/or retail sales at prearranged auction sales.
AUTOMOBILE FILLING STATION - any area of land, including structures
thereon, that is used for the sale of gasoline or any other motor vehicle fuel and
oil and other lubricating substances, including any retail sales of motor vehicle
accessories, which may not include major repairing, body and fender work,
painting, vehicular sales nor rental or automatic car washes.
AUTOMOBILE SALES - any building or land devoted to the retail sales of
passenger vehicles, including accessory service and repair facilities if conducted
within a completely-enclosed building.
AUTOMOBILE SERVICE - the retail repair, servicing, maintenance and
reconstruction of passenger vehicles, but not including car washes per se.
AUTOMOBILE STORAGE COMPOUND - a use whereby passenger
vehicles are stored awaiting transport to a different location.
BASE FLOOD - the flood having a 1% chance of being equaled or exceeded in
any given year (100 year flood).
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BASE FLOOD ELEVATION - the projected flood height of the base flood.
BASEMENT - see "cellar".
BED AND BREAKFAST - a single-family detached dwelling, where between
one and five rooms are rented to overnight guests on a daily basis for periods not
exceeding one week. Meals may be offered only to registered overnight guests.
(The above definition was amended on 11-16-10 by Ordinance 11-16-10-1).
BILLBOARD - a sign upon which advertising matter of any character is
printed, posted or lettered, whether freestanding or attached to a surface of a
building or other structure. A billboard is used to advertise products, services or
businesses at a location other than the premises on which the sign is placed.
BOARD - the Zoning Hearing Board of Salisbury Township.
BOARDER - an individual other than a member of a family occupying a
dwelling unit or owning a lodging facility who, for compensation, is furnished
sleeping accommodations within such dwelling unit or lodging facility, and may
be furnished meals or other services as part of the compensation.
BOARDING HOUSE - a building or portion thereof arranged or used for
sheltering or feeding, or both, as a gainful business, more than three and not
more than ten individuals that do not constitute a family.
BUILDING - any structure with a roof intended for shelter or enclosure of
persons, animals or property. For the purposes of §212 of this Chapter, this term
shall also include gas or liquid storage tanks.
(1)
DETACHED: a building which has no party wall.
(2)
SEMI-DETACHED: a building which has only one party wall in
common.
(3)
ATTACHED: a building which has two or more party walls in common.
BUILDING AREA - the total area of all buildings (principal and accessory)
taken on one or more horizontal planes that are directly between the ground and
the sky, exclusive of uncovered porches, awnings, terraces and steps.
BUILDING HEIGHT - a building's vertical measurement from the average
ground level, based on existing grade prior to construction, at the corners of the
building to the highest point of the roof. (Amended by Ordinance 4-20-04-1)
BUILDING LENGTH - the horizontal measurement of any continuous exterior
building wall.
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BUILDING PERMIT - a permit required to demonstrate compliance with the
Township's adopted building code.
BUILDING SETBACK LINE - the actual line of that face of the building
nearest an adjacent right-of-way or street line. This face includes sun parlors
and covered porches, whether enclosed or unenclosed, but does not include
steps.
CAMPGROUND - a lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by
transients in recreational vehicles or tents, for periods not exceeding 4 continuous weeks.
CAMPSITES - a plot of ground within a campground intended for occupation
by a recreational vehicle or tent.
CARPORT - an unenclosed structure for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof supported
by columns or posts except that one or more walls may be the walls of the
principal building to which the carport is accessory.
CAR WASH - a principal or accessory use at which structures equipped with
apparatuses for the washing, waxing and/or vacuuming of vehicles are provided.
Automatic Car Wash: a self-serve car wash in which the vehicle enters
a washing bay and is cleaned solely by a mechanized process.
Full Service Car Wash: a car wash in which attendants are responsible
for some portion of the washing process.
Self Service Car Wash: a car wash in which the vehicle enters a washing bay and is cleaned by the vehicle's occupants using available equipment and cleaners.
CELLAR - a space with less than one-half (½) of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a floor-toceiling height of less than six and one-half (6½) feet. Within a dwelling unit, a
cellar shall not be counted as floor area, nor as a story of permissible building
height.
CEMETERY - land used or intended to be used for the burial of the deceased,
including columbariums, crematoria, mausoleums and mortuaries when
operated in conjunction with the cemetery and within the boundaries thereof.
CENTERLINE - the center of a surveyed street, road lane, alley, alley right-of 27-17
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way or, where not surveyed, the center of a traveled cartway.
CERTIFICATE OF USE AND OCCUPANCY - a statement signed by a duly
authorized Township officer, setting forth that a building, structure or use legally
complies with this Chapter and other applicable codes and regulations and that
the same may be used for the purposes stated therein.
CHANNEL - a natural or artificial watercourse with a definite bed and banks
which confine and conduct continuously or periodically flowing water.
CHURCH - a place of worship including a church, chapel, cathedral,
synagogue, temple, mosque or other facility that is principally used for prayer by
persons of similar beliefs; or a special purpose building that is architecturally
designed and particularly adapted for the primary use of conducting formal
religious services on a regular basis.
(Note: The above definition was amended on April 1, 2003, by Ordinance No. 4-1-03-1. The above was amended on
March 4, 2008 by Ordinance 3-4-08-1)
CLUB, PRIVATE - an organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit provided that they are not conducting
any commercial activities except as required for the membership of such club
and provided that there are no overnight accommodations. Clubs shall include,
but not be limited to, service and political organizations, labor unions, as well as
social and athletic clubs.
(Note: The above definition was amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
CLUSTER DEVELOPMENT - a development that integrates required common open space and residential dwellings. Cluster developments are further
regulated by Sections 413 and 414 of this Chapter.
CODE ENFORCEMENT OFFICER - the duly constituted Township official
designated to administer and literally enforce this Chapter, and others.
COMMERCIAL HOG OPERATION - an agricultural use involving more
than 15 or more hogs.
COMMERCIAL KEEPING AND HANDLING - producing and/or maintaining with the express purpose and intent of selling the product for a livelihood.
COMMERCIAL POULTRY OPERATION - an agricultural use involving
1,000 or more birds such as, but not limited to, chickens and turkeys.
COMMERCIAL PRODUCE OPERATION – an agricultural use whereby
plant materials are principally grown within enclosed buildings, and where such
use exceeds a lot coverage of ten percent (10%).
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(Note: The above definition was added on February 2, 1999, by Ordinance No. 2-2-99-2.)
COMMERCIAL RECREATION FACILITY - an activity operated as a business, open to the public, for the purpose of public recreation or entertainment
including, but not limited to, bowling alleys, drive-in motion picture facilities,
swimming pools, health clubs, miniature golf courses, museums, etc. This does
not include adult-related uses or amusement arcades, as defined herein.
COMPREHENSIVE PLAN - the latest version of the Township's official
planning document as enabled by the Act.
CONDITIONAL USE - a use which may not be appropriate to a particular
zone as a whole, but which may be suitable in certain localities within the zone
only when specific conditions and criteria prescribed for such uses have been
complied with. Conditional uses are reviewed by the Board of Supervisors after
recommendations by the Planning Commission, in accordance with §705 of this
Chapter.
CONDOMINIUM - a form of property ownership providing for individual
ownership of a specific dwelling unit, or other space not necessarily on ground
level, together with an undivided interest in the land or other parts of the
structure in common with other owners.
CONSERVATION PLAN - a plan including a map(s) and narrative that, at the
very least, outlines an erosion and sedimentation control plan for an identified
parcel of land.
CONVENIENCE STORE - a business which specializes in the retail sales
and/or rental of household products and foods. Convenience stores may also include any of the following provided that each use has obtained the necessary respective approvals, and it operates as an accessory use to the convenience store:
1.
Retail sales or rental of books, magazines, videos, software, and video
games provided that adult-related facilities are expressly prohibited;
2.
Restaurants, provided that rest rooms are made available to the public;
3.
Automatic bank teller machines;
4.
Photomats and film development drop-off sites;
5.
Lottery sales counters and machines;
6.
Propane fuel sales within no larger than 20 pound tanks;
7.
Dispensing of automobile fuels, oils, compressed air, kerosene, washer
fluid, and other auto-related items;
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8.
Post offices and other parcel delivery drop-off sites.
(Note: The above definition was amended on April 1, 2003, by Ordinance No. 4-1-03-1)
CONVENTION CENTER - an assemblage of uses that provide for a setting
where indoor and outdoor exhibits and activities serve various business, entertainment, recreation, conventions. This use can also include related lodging and
dining facilities.
DAY-CARE - the offering of care or supervision over minors or special needs
adults in-lieu-of care or supervision by family members. This definition does not
include the offering of overnight accommodations.
Day-Care, Accessory: a day-care facility that is operated as an accessory use to a dwelling unit, whereby care and supervision is offered to no
more than three (3) nonresidents of the site during any calendar day.
These facilities are permitted by right in every zone.
Day-Care, Commercial: a day-care facility that offers care and supervision to more than six (6) nonresidents of the site during any calendar
day. Commercial day-care facilities can be operated as principal uses or
as accessory uses associated with other uses (e.g., schools, churches,
industries, residential complexes, etc.); however, in no case shall a commercial day-care be considered an accessory use to one dwelling unit.
Commercial day-care facilities shall include “group child day-care
homes” and “child day-care centers,” as defined and regulated by the
Department of Public Welfare of the Commonwealth of Pennsylvania.
All commercial day-care centers must obtain a valid certificate of compliance from the Department of Public Welfare of the Commonwealth of
Pennsylvania, prior to operation.
Day-Care, Group: a day-care facility that is operated as an accessory
use to a dwelling unit, in which the care and supervision is offered to
between four (4) and six (6) nonresidents of the site during any calendar
day. Group day-care facilities must be registered by the Department of
Public Welfare of the Commonwealth of Pennsylvania.
DENSITY - a term used to express the allowable number of dwelling units per
acre of land.
DENSITY, NET: the number of dwelling units in relation to the land
area actually in use or proposed to be used for residential purposes,
exclusive of public rights-of-way, streets, sidewalks, parks, playgrounds,
common parking lots, common open spaces, floodplains, etc.
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DENSITY, GROSS: the number of dwelling units in relation to the area
of land of a parcel in use or proposed to be used for residential purposes,
exclusive of perimeter public rights-of-way.
DEVELOPMENT - any man-made change to improved or unimproved real
estate including, but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
DEVELOPMENT DISABILITY - a disability of a person which has continued or can be expected to continue indefinitely; a disability which is:
A.
Attributable to mental retardation, cerebral palsy, epilepsy or autism.
B.
Found to be attributable to any other conditions found to be closely
related to mental retardation because such condition results in similar
impairment of general intellectual functioning or adaptive behavior to
that of mentally retarded persons or requires treatment and services
similar to those required for such persons.
C.
Attributable to dyslexia resulting from a disability described in subsections (A) and (B) of this definition.
DEVELOPMENTALLY DISABLED PERSON - a person with a developmental disability.
DOMESTIC PETS - the noncommercial keeping of no more than four adult
nonfarm animals, that are locally available for purchase as pets, as an accessory
use to a primary residential use.
DRIVEWAY - an improved cartway designed and constructed to provide
vehicular movement between a street and a tract of land serving one singlefamily dwelling unit.
DWELLING - any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below,
but not including hospitals, hotels, boarding, rooming
and lodging houses, institutional houses, tourists courts
and the like, offering overnight accommodations for
guests or patients. All dwellings except mobile homes
must be permanently affixed to a completely enclosed
foundation constructed of currently accepted materials
that shall be an entire perimeter wall and extend from
below the frost line to the first floor of the building.
Such foundation shall be constructed to provide sufficient
Figure 1
structural integrity to prevent the building from heaving, shifting
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or settling unevenly, due to frost action. In addition, all dwellings shall be
properly connected to approved and permanently-designed sewer, water,
electrical and other utility systems.
SINGLE-FAMILY DETACHED: a freestanding
building containing one dwelling unit for one
family, and having two side yards, one front yard
and one rear yard; in the case of a corner lot, the
building will have two front and side yards. Mobile
homes are considered single-family detached
dwellings. Travel trailers shall not be construed as
dwellings. Modular homes can be considered
single-family detached dwellings so long as they
comply with the general requirements of a
dwelling. (See Figure 1)
DUPLEX (Two-family; Single-Family
Semi-detached): a freestanding building
containing two dwelling units for two
families, arranged in a side-by-side configuration. Those units placed on common grounds shall have one front and
rear yard and two side yards. Those units
constructed on individual lots shall have
one front, side and rear yard. (See Figures
2 & 3)
Figure 2
Figure 3
MULTIPLE FAMILY: a building containing two or more dwelling units,
at least one of which must be located above or below the remaining
units. (See Figure 4)
RESIDENTIAL CONVERSION UNIT: the adaptation of an existing
single-family detached dwelling (as it existed on July 28, 1973) into
two or more dwelling units. Such units shall only be provided through
the alteration of interior walls and spaces of the structure as it existed
on the aforementioned date.
Figure 4
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TOWNHOUSE: a building containing between three and eight dwelling
units arranged in a side-by-side configuration with two or more common
party walls. (See Figure 5)
DWELLING UNIT - a building or portion
Figure 5
thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary facilities.
DYNAMIC DISPLAY or DYNAMIC DISPLAY SIGN- any sign or portion
of a sign that appears to have movement of that appears to change, caused by
any method other than physically removing and replacing the sign or its
components, whether the apparent movement or change is in the display, the
sign structure itself, or any other component of the sign. This includes a display
that incorporates a technology or method allowing the sign face to change the
image without having to physically or mechanically replace the sign face or its
components. This also includes any rotating, revolving, moving, flashing,
blinking, or animated display and any display that incorporates rotating panels,
LED lights manipulated through digital input, “digital ink” or any other method
or technology that allows the sign face to present a series of images or displays.
This definition shall not include electronic message display signs that
repetitively indicate time, temperature and date and to vehicular service station
signs that digitally display current fuel prices. Such electronic message display
signs shall be permitted in any commercial and industrial zone upon obtaining a
sign permit and so long as each display does not change for a minimum of 8
seconds and does not produce any objectionable glare to motorists, bicyclists
and pedestrians.
This definition was added on August 18, 2009 by Ordinance 8-18-09-1.
EARTHMOVING ACTIVITY - any construction or other activity which
disturbs the surface of the land including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth. This definition shall not
include plowing and/or tilling associated with agriculture, horticulture or
forestry activities.
ECHO HOUSING - an additional temporary dwelling unit placed on a property
for occupancy by elderly, handicapped or disabled persons related by blood,
marriage or adoption to the occupants of the principal dwelling. The additional
dwelling unit shall be removed from the property within 3 months after it is no
longer occupied by a person who qualifies for the use.
(Note: The above definition was amended on May 7, 1996, by Ordinance No. 5-7-1996-2.)
FAMILY - an individual or individuals related by blood, marriage or adoption
27-23
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that maintain one common household and live within one dwelling unit. Additionally, up to four unrelated individuals who maintain a common household
and live within one dwelling unit using common cooking facilities may be considered a family. Finally, a family shall also expressly include any number of
unrelated persons who reside within a licensed group home, as defined herein.
FARM - any parcel of land which contains at least twenty-five (25) acres and is
used for gain in the raising of agricultural products, livestock, poultry or dairy
products, including necessary farm structures and the storage of equipment
customarily incidental to the primary use. Farms do not include the raising of
fur bearing animals, horse boarding, riding stables, or domestic pet kennels.
Note: The above definition was amended on June 18, 2002, by Ordinance No. 6-18-2002-1).
FARM OCCUPATION - an accessory use to the primary agricultural use of a
property in which residents engage in a secondary occupation conducted on the
farm.
FARMERS AND/OR FLEA MARKET - a retail sales use where more than
one vendor displays and sells general merchandise that is new or used. Farmers
and/or flea markets can include indoor and outdoor display of merchandise.
FELLING – The act of cutting a standing tree so that it falls to the ground.
(Note: The above mentioned definition was added on August 7, 2001, by Ordinance No. 8-7-2001-2.)
FENCE - a structure designed as a barrier to restrict the movement of persons,
animals and/or vehicles. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than 1/2 the width and/or
depth of the front yard.
FILL - material placed or deposited so as to form an embankment or raise the
surface elevation of the land including, but not limited to, levees, bulkheads,
dikes, jetties, embankments and causeways.
FINANCIAL INSTITUTION - a bank, savings and loan association, credit
union, finance or loan company, etc.
500-YEAR FLOOD - a flood that, on the average, is likely to occur once every
500 years.
FLEA MARKET - a retail sales use where more than one vendor displays and
sells general merchandise that is new or used. Flea markets can include indoor
and outdoor display or merchandise.
FLOOD - a general and temporary condition of partial or complete inundation
27-24
of normally dry land areas from the overland flow of watercourses, or from the
unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN - an area of land adjacent to the channel of a watercourse
which has been or is likely to be flooded, or any area subject to the unusual and
rapid accumulation or runoff of surface waters from any source.
FLOODPROOF - any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to
property, structures and their contents.
FLOODWAY - the channel of a watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively
increasing the base flood elevation more than one (1) foot.
FLOOD ELEVATION - the projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes
and frequencies in the floodplain areas.
FORESTRY – The management of forest and timberlands when practiced in
accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial purposes,
which does not involve any land development.
(Note: The above definition was added on August 7, 2001, by Ordinance No. 8-7-2001-2.)
FORESTRY OPERATOR – An individual, partnership, company, firm,
association, or corporation engaged in timber harvesting, including the agents,
subcontractors, and employees thereof.
GARAGE, PRIVATE – see PRIVATE GARAGE.
(Note: The above definition was amended on October 3, 2000, by Ordinance No. 10-3-00-1.)
GARAGE SALE - any sale or display of merchandise or other personal
property, other than in the ordinary course of a business, from a garage, porch,
lawn, basement or driveway of a dwelling or any such similar sale.
GARDENING - the cultivation and sales of herbs, fruits, flowers or vegetables
as an accessory use to a principal dwelling use. This definition shall expressly
exclude the keeping of livestock.
GOLF COURSE - a golf course with a minimum of 2,800 yards of play in nine
holes.
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GROSS FLOOR AREA - the sum of the floor areas of a building as measured
to the outside surfaces of exterior walls and including all areas intended and
designed for the conduct of a use.
GROUP HOME - a dwelling operated by a reasonably responsible individual,
family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to
age, emotional, mental or physical handicap. This definition shall expressly
include facilities for the supervised care of developmentally disabled persons
and those under treatment for alcohol and/or drug abuse. Group homes must be
licensed where required by any appropriate government agencies, and a copy of
any such license must be delivered to the Township prior to beginning the use.
Group homes shall be subject to the same limitations and regulation by the
Township as single-family detached dwellings.
HABITABLE FLOOR AREA - the sum of the floor areas of a dwelling unit as
measured to the outside surfaces of exterior walls and including all rooms used
for habitation, such as living room, dining room, kitchen, bedroom, bathroom,
closets, hallways, stairways, but not including cellars or attics, service or utility
rooms, nor unheated areas such as enclosed porches.
HAZARDOUS WASTE - any garbage, refuse, sludge from an industrial or
other wastewater treatment plant, sludge from a water supply treatment plant or
air pollution facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, for agricultural operations and from community
activities, or any combination of the above, which because of its quantity, concentration or physical, chemical, or infectious characteristics may:
(1)
(2)
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, exposed of or
otherwise managed.
HAZARDOUS WASTE FACILITY - any structure, group of structures,
aboveground or underground storage tanks or any other area or buildings used
for the purpose of permanently housing or temporarily holding hazardous waste
for the storage or treatment for any time span other than the normal transportation time through the Township.
HEALTH AND RECREATION CLUB - a commercial business that offers
active recreational and/or fitness activities. Such activities are provided only to
club members and their guests. Such facilities do not include golf courses.
HEAVY EQUIPMENT - Vehicles and machinery that are not normally
27-26
associated with domestic use (e.g., excavation equipment, commercial trucks
and trailers, buses, yachts, farm equipment, mechanized amusement rides,
industrial machinery, and other similar items).
HEAVY INDUSTRIAL USE - any use permitted in §208.2. that exceeds two
acres in lot area, or any industrial use not specifically provided for by §208.2. of
this Chapter.
HEIGHT, BUILDING - a building's vertical measurement from the average
ground level based on existing grade prior to construction at the corners of the
building to the highest point of the roof.
(Note: This definition was amended by Ordinance 4-20-04-1.)
HEIGHT, STRUCTURE - a structure's vertical measurement from the mean
level of the ground abutting the structure to the highest point of the structure.
HELICOPTER PAD (PRIVATE) - an accessory use where no more than one
helicopter may land/take-off and be stored.
HELIPORT - a principal use where one or more helicopters may land/take-off
and be stored. Such use may also include support services such as fueling and
maintenance equipment, passenger terminals and storage hangers.
HOBBY - an activity that is undertaken solely as a leisure or recreational
pastime. The sale of any item produce or the charging for any services rendered
shall constitute a commercial or industrial use and not qualify as a hobby.
HOME OCCUPATION - a business or commercial activity that is conducted
as an accessory use in a dwelling unit, except that a limited business or commercial activity which meets all of the following criteria is not considered a
home occupation and is permitted by right in any dwelling unit:
(1)
No exterior evidence of the business shall be permitted that is uncharacteristic of a residential dwelling.
(2)
No retail sales or display of goods, exclusive of telephone solicitation, is
permitted.
(3)
No on-site storage of commercial vehicles shall be permitted, except as
may be provided under the definition of "garage, private."
(4)
Only residents of the site may be engaged in the business or commercial
activity.
(5)
The business or commercial activity shall be conducted only within the
dwelling unit and may not occupy more than 15% of the habitable floor
area.
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ZONING
(6)
The use shall not require the delivery of materials and goods by trucks
larger than standard step van.
(7)
The use shall not involve regular visitation by customers, clients,
salespersons or suppliers.
(Note: The above definition was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
HOSPITAL - an institution, licensed in the Commonwealth of Pennsylvania as
a hospital, which renders inpatient and outpatient medical care on a 24 hour per
day basis; and provides primary health services and medical/surgical care to
persons suffering from illness, disease, injury, deformity and other abnormal
physical or mental conditions. A hospital use can also include attached and detached accessory uses provided that all accessory uses are contained upon the
hospital property.
HOTEL - a facility which provides lodging to boarders for compensation,
which contains more than eight rooms with less than 25% of all rooms having
direct access to the outside without the necessity of passing through the main
lobby of the building, and which may provide meals and other services as a part
of the compensation.
HYDRIC SOIL - soil that is wet long enough to periodically produce anaerobic
conditions, thereby influencing the growth of plants.
HYDROPHYTE - any plant growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
IMPROVEMENT - the remodeling or added value installation to any structure,
such as, but not limited to, siding, replacement windows, upgrading of kitchens
and bathrooms and similar projects.
INTERIOR DRIVE - any on-site vehicular movement lane(s) that are
associated with a use other than a single-family dwelling.
JUNK - used materials, discarded materials, or both, including, but not limited
to, waste paper, rags, metal, building materials, house furnishings and appliances, machinery, vehicles or parts thereof, all of which are being stored awaiting
potential reuse or ultimate disposal.
JUNKYARD - an area of land, with or without buildings, used for the storage,
outside a completely enclosed building, of used and discarded materials including, but not limited to, waste paper, rags, metal, building materials, house
furnishings, machinery, vehicles or parts thereof, with or without the disman 27-28
tling, processing, salvage, sale or other use or disposition of the same. The
deposit or storage on a lot of one or more unlicensed, wrecked or disabled
vehicles, or the major part thereof, shall be deemed to constitute a "junkyard."
(A disabled vehicle is a vehicle intended to be self-propelled that shall not be
operable under its own power for any reason, or a vehicle that does not have a
valid current registration plate and a certificate of inspection.)
KENNEL - any lot on which four or more animals (except relating to a farm)
are kept, boarded, raised, bred, treated or trained for a fee including, but not
limited to dog or cat kennels.
LANDING - The place where logs, pulpwood, or firewood are assembled for
transport to processing facilities.
LANDOWNER - the legal or equitable owner or owners of land including the
holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to
exercise the rights of the landowner or other person having a proprietary interest
in land, shall be deemed to be a landowner for the purposes of this Chapter.
LANDSCAPE SCREEN - a completely planted visual barrier composed of
evergreen shrubs and trees arranged to form both a low-level and a high-level
screen between grade and to a height of six (6) feet.
LOADING SPACE - an off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.
LOP - The process of cutting treetops and slash into smaller pieces to allow
material to settle close to the ground.
LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. (See
Figure 6)
LOT, CORNER: a lot at the point of intersection of and abutting two or
more intersecting streets, and which has an interior angle of less than
135 degrees at the intersection of the two street lines. Corner lots shall
have two front and two side yards.
LOT, DOUBLE FRONTAGE: a lot which fronts upon two (2) parallel
streets, or which fronts upon two (2) streets which do not intersect at the
boundary of the lot, and which has vehicular access to both streets.
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LOT, FLAG: a lot whose frontage does not satisfy the minimum width
requirements for the respective zone but that does have sufficient lot
width away from the lot's frontage.
LOT, INTERIOR: a lot other than a corner lot, the sides of which do not
abut a street.
LOT, THROUGH: an interior lot having frontage on two parallel or
approximately parallel streets.
Figure 6
LOT AREA - The total surfacial area contained within the property lines of a
lot.
LOT COVERAGE - a percentage of the lot area which may be covered with an
impervious surface (e.g., buildings, driveways, parking areas, sidewalks).
LOT DEPTH - the horizontal distance measured between the street right-ofway line and the closest rear property line. On corner and reverse frontage lots,
the depth shall be measured from the street right-of-way line of the street of
address to the directly opposite property line.
LOT WIDTH - the horizontal distance measured at the building setback line
between side property lines. On corner lots, lot width shall be measured
between the right-of-way line for the nonaddress street and the directly opposite
property line.
MAINTENANCE - the normal upkeep of structures such as, but not limited to,
the replacement of roofing materials exposed to the weather, painting, decorating, rug replacements, plumbing repair and electric repair.
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MANURE - the fecal and urinary excrement of livestock and poultry, often
containing some spilled feed, bedding or litter.
MANURE STORAGE FACILITIES - a detached structure or other improvement built to store manure for future use or disposal. Types of storage facilities
are as follows: underground storage, in ground storage, trench silo, earthen bank,
stacking area and above-ground storage.
MAXIMUM FLOOD ELEVATION - the water surface elevations of a flood
which would completely fill the floodplain to the boundaries of the floodplain
zone.
MEAN SEA LEVEL - the average height of the sea for all stages of the tide
using the National Geodetic Vertical Datum of 1929.
MEDICAL or DENTAL CLINIC - any building or group of buildings
occupied by licensed medical practitioners and related services for the purpose
of providing health services to people on an outpatient basis.
MINI WAREHOUSE - a building and/or series of buildings divided into
separate storage units for personal property and/or property associated with
some business or other organization. These units shall be used solely for dead
storage and no processing, manufacturing, sales, research and development
testing, service and repair or other nonstorage activities shall be permitted.
MOBILE HOME - any structure intended for or capable of permanent human
habitation, with or without wheels, and capable of being transported or towed
from one place to the next, in one or more pieces, by whatsoever name or title it
is colloquially or commercially known, but excluding transport trucks or vans
equipped with sleeping space for a driver or drivers, and travel trailers. Mobile
homes placed in parks shall meet the requirements for mobile home parks listed
in §446 of this Chapter. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there imposed. For the
purposes of §212 of this Chapter, any travel trailer, as defined herein, that is
contained on the same parcel for more than 180 days in any calendar year shall
be considered a mobile home.
MOBILE HOME LOT - a parcel of land in a mobile home park, improved
with the necessary utility connections and other appurtenances necessary for the
erection thereon of a single mobile home, which is leased by the park owner to
the occupants of the mobile home erected on the lot.
MOBILE HOME PARK - a parcel or contiguous parcels of land which have
been so designated and improved to contain two or more mobile home lots for
the placement thereon of mobile homes.
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MOTEL - a facility which provides lodging to boarders for compensation, for
periods not exceeding four (4) continuous weeks and which may provide meals
and other services as a part of the compensation. Motels shall not consist of
mobile homes or travel trailers.
(Note: The above definition was amended on April 1, 2003, by Ordinance No. 4-1-03-1)
MPC – the Pennsylvania Municipalities Planning Code, Act of July 31, 1968,
P.L. 805, No. 247, as reenacted and amended. See also “Act”.
(Note: The above definition was added on May 16, 2006 by Ordinance 5-16-06-1)
MUNICIPAL USE- Any use owned and/or operated by the Township.
(Note: The above definition was added on May 16, 2006 by Ordinance 5-16-06-2)
NEW CONSTRUCTION - structures for which the start of construction commenced on or after the effective date of this Chapter.
NIGHTCLUB - any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this
definition, "live entertainment" is meant to include the use of disc-jockeys for
the purposes of supplying musical entertainment. Nightclubs may also provide
for the on-site consumption of food. Additionally, nightclubs may offer the
retail sale of carry-out beer and wine as an accessory use. This is meant to
include an "under 21" club which features entertainment. Nightclubs shall not
include adult-related uses, nor off-track betting parlors, as defined herein.
NONCONFORMING LOT - a lot the area or dimension of which was lawful
prior to the adoption or amendment of this Chapter, but which fails to conform
to the requirements of the zone in which it is located by reason of such adoption
or amendment.
NONCONFORMING STRUCTURE - a structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions
in this Chapter or amendment heretofore or hereafter enacted, where such
structure lawfully existed prior to the enactment of this Chapter or amendment
or prior to the application of this Chapter or amendment to its location by reason
of annexation. Such nonconforming structures include, but are not limited to,
nonconforming signs.
NONCONFORMING USE - a use, whether of land or of structure, which does
not comply with the applicable use provisions in this Chapter or amendment
heretofore or hereafter enacted where such use was lawfully in existence prior to
the enactment of this Chapter or amendment, or prior to the application of this
Chapter or amendment to its location by reason of annexation.
NONCONFORMITY, DIMENSIONAL - any aspect of a land use that does
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not comply with any size, height, bulk, setback, distance, landscaping, coverage,
screening or any other design or performance standard specified by this Chapter,
where such dimensional nonconformity lawfully existed prior to the adoption of
this Chapter or amendment thereto.
NURSING, REST or RETIREMENT HOMES – facilities which provide for
the housing, boarding and nursing care and related medical or other health
services for a period exceeding 24 hours, for two or more individuals, who are
not relatives of the administrator, who are not acutely ill and not in need of
hospitalization, but who, because of age, illness, disease, injury, convalescence
or physical or medical infirmity, need care. The term includes an institution or
facility licensed by the Department of Health in which health services are
provided on a regular basis to resident individuals who do not require the degree
of care and treatment that a hospital or skilled nursing facility is designed to
provide but who, because of the individuals’ mental or physical condition,
require health services above the level of room and board. This use shall
encompass an Assisted Living Facility which shall be licensed as a Personal
Care Home by the Commonwealth of Pennsylvania.
(Note: The above definition was amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
OBSTRUCTION - any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any
channel, watercourse or flood-prone area:
(1)
Which may impede, retard or change the direction of the flow of water
either in itself or by catching or collecting debris carried by such water.
(2)
Which is placed where the flow of the water might carry the same downstream to the damage of life and property.
OFFICE - a place where the primary use is conducting the affairs of a business,
profession, service or government, including administration, record keeping,
clerical work and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing,
repair or storage of materials, goods or products; or the sale or delivery of any
materials, goods or products which are physically located on the premises.
Office supplies used in the office may be stored as an incidental use.
OFF-TRACK BETTING PARLORS - a commercial use at which persons can
visit to wager upon, and observe by remote television, the outcome of events
that are taking place elsewhere.
ON-SITE SEWER SERVICE - the disposal of sewage generated by one
principal use with the use of safe and healthful means within the confines of the
lot on which the use is located, as approved by the Pennsylvania Department of
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Environmental Protection. Uses relying upon on-lot sewers are regulated by
§317 of this Chapter.
ON-SITE WATER SERVICE - the provision of a safe, adequate and healthful
supply of water to a single principal use from a private source.
100 YEAR FLOOD - a flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although the flood
may occur in any year).
100 YEAR FLOOD BOUNDARY - the outer boundary of an area of land that
is likely to be flooded once every 100 years (i.e., that has a 1% chance of being
flooded each year). A study by the Federal Insurance Administration, the United
States Army Corps of Engineers, the United States Department of Agriculture's
Soil Conservation Service, the United States Geological Survey, the
Susquehanna River Basin Commission or a licensed surveyor or professional
engineer, registered by the Commonwealth of Pennsylvania, is necessary to
define this boundary.
100 YEAR FLOOD ELEVATION - the water surface elevations of the 100
year flood.
OPEN SPACE - a space unoccupied by buildings or paved surface and open to
the sky on the same lot with the building.
OPEN SPACE, COMMON OR PUBLIC - a parcel or parcels of land, an area
of water or a combination of land and water within a cluster development
designed and intended for the use of all residents of the development (common
open space) or the general public (public open space), not including streets and
walkways, off-street parking areas, areas with no public accessibility, setbacks
and areas at other than ground level. Open space areas may include floodplains
and drainage basins. Common or public open space shall be substantially free of
structures but may contain such improvements as are appropriate for recreational
use by the residents or the general public.
PA DEP - Pennsylvania Department of Environmental Protection.
PA DOT - Pennsylvania Department of Transportation.
PARENT TRACT- When used in determining the permissible number of lots
which may be subdivided or dwellings erected in the Agricultural Zone (A), all
contiguous land held in single and separate ownership, regardless of whether (a)
such land is divided into one or more lots, parcels, purparts or tracts; (b) such
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land was acquired by the landowner at different times or by different deeds,
devise, partition or otherwise; or (c) such land is bisected by public or private
streets or rights-of-way, which was held by the landowner of his predecessor in
title on July 27, 2009, or, if such land was not classified as Agricultural Zone (A)
on July 27, 2009, which was held by the landowner or his predecessor in title on
the date such land was first classified as Agricultural Zone (A) after July 27,
2009.
(Note: The above was added on March 4, 2008 by Ordinance 3-4-08-1.) The above was amended on August 18, 2009
by Ordinance 8-18-09-1.
PARKING COMPOUND - a primary business where passenger vehicles may
be stored for short-term, daily or overnight off-street parking and connected to a
street by an access drive.
PARKING LOT - an accessory use in which required and possibly additional
parking spaces are provided subject to the requirements listed in §312 of this
Chapter.
PARKING SPACE - an off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
PARKS, PRIVATE - a recreational facility owned or operated by a nonpublic
agency and/or conducted as a private gainful business.
PARKS, PUBLIC and/or NONPROFIT - those facilities designed and used
for recreation purposes by the general public that are:
(1)
Owned and operated by a government or governmental agency/
authority.
(2)
Are operated on a nonprofit basis. This definition is meant to include
the widest range of recreational activities, excluding adult entertainment
uses and amusement arcades.
PERSON - an individual, corporation, partnership, incorporator's association or
any other similar entity.
PESTICIDE - any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents,
nematodes, predatory animals, fungi, weeds or other forms of plant or animal
life.
PETROLEUM PRODUCT - oil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil
refuse or mixed with other wastes.
PLANNING COMMISSION - the Planning Commission of Salisbury Township.
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PLANNED CENTER - a group of uses planned and designed as an integrated
unit with controlled ingress and egress and shared off-street parking provided on
the property as an integral part of the unit. Such centers also may include
"planned center signs" as regulated herein.
PRE-COMMERCIAL TIMBER STAND IMPROVEMENT – A forest
practice, such as thinning or pruning, which results in better growth, structure,
species, composition, or health for the residual stand but which does not yield a
net income to the landowner, usually because any trees cut are of poor quality,
are too small or are otherwise of limited marketability or value.
PREMISES - the property upon which the activity is conducted as determined
by physical facts, rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incidental to the
activity, including such open spaces as are arranged and designed to be used in
connection with such buildings or uses. The following are not considered to be
a part of the premises on which the activity is conducted, and any signs located
on such land are to be considered off-premises advertising:
(1)
Any land which is not used as an integral part of the principal activity,
including land which is separated from the activity by a street, highway
or other obstruction, and not used by the activity; and, extensive undeveloped highway frontage contiguous to the land actually used by a
commercial facility, even though it might be under the same ownership.
(2)
Any land which is used for, or devoted to, a separate purpose unrelated
to the advertised activity.
(3)
Any land which is in closer proximity to the highway than to the
principal activity, and developed or used only in the area of the sign site
or between the sign site and the principal activity and whose purpose is
for advertising purposes only. In no event shall a sign site be considered
part of the premises on which the advertised activity is conducted if the
site is located on a narrow strip of land which is nonbuildable land, or is
a common or private street, or is held by easement or other lesser interest
than the premises where the activity is located.
PRIVATE GARAGE – A detached accessory building, an/or a portion of the
principal residence that is used for the storage of one or more automobiles
and/or other vehicles accessory and incidental to the primary use of the
premises; provided, however, that one commercial vehicle of not more than
11,000 pounds gross vehicle weight may be stored therein. No business,
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occupation or services shall be conducted therein, nor shall space therein be
leased to a nonoccupant of the premises. Where a garage is an attached integral
part of a dwelling unit, the garage shall not be counted as floor area unless it is
constructed or modified into a habitable room by the removal of all vehicular
access doors and provided adequate off-street parking is still available on the
same lot as the dwelling unit.
(Note: The above definition was added on October 3, 2000, by Ordinance No. 10-3-00-1.)
PUBLIC - owned, operated or controlled by a governmental agency (Federal,
State or local, including a corporation created by law for the performance of
certain specialized governmental functions, not including the Board of Education).
PUBLIC HEARING - a formal meeting held pursuant to public notice by the
Board of Supervisors or planning agency, intended to inform and obtain public
comment, prior to taking action on zoning related matters.
PUBLIC MEETING - a forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE - notice published once each week for 2 successive weeks
in a newspaper of general circulation in the Township. Such notice shall state
the time and place of the hearing and the particular nature of the matter to be
considered at the hearing. The first publication shall not be more than 30 days,
and the second publication shall not be less than 7 days from the date of the
hearing. Public notice for rezoning, special exception, conditional use and/or
variance requests shall also include the posting of a sign(s) at a conspicuous location along the perimeter of the subject property; this sign(s) shall be posted at
least 1 week prior to the hearing and will exhibit the nature, date, time, and location of the hearing.
PUBLIC SEWER - a municipal sanitary sewer or a comparable common or
package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple
users.
PUBLIC USES - includes post offices, parks, fire and ambulance stations,
municipal buildings and garages and police offices.
PUBLIC UTILITIES - use or extension thereof which is operated, owned or
maintained by a municipality or municipal authority or which is privately owned
and has an approved Certificate of Convenience by the Pennsylvania Public
Utility Commission for the purpose of providing public sewage disposal and/or
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treatment; public water supply, storage and/or treatment; or for the purpose of
providing the transmission of energy or telephone service.
PUBLIC WATER - a municipal water supply system, or a comparable common
water facility approved and permitted by the Pennsylvania Department of
Environmental Protection. Such systems are capable of serving more than one
principal use.
RADIOACTIVE MATERIAL - any natural or artificially produced substance
which emits radiation spontaneously.
REGULATORY FLOOD ELEVATION - an elevation equal to one and onehalf (1½) feet higher than the surface water elevation associated with the 100
year flood as defined herein.
RECYCLABLES - materials which have been discarded and have entered a
process by which their reuse are likely.
RENTAL - the temporary transferal of goods for compensation.
RESTAURANT - an establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as
the area used for carry-out service does not exceed 5% of the total patron seating
area nor eighty (80) square feet (whichever is less). Caterers shall be included in
this definition.
RESTAURANT - DRIVE-THROUGH OR FAST-FOOD - an establishment
that serves prepared food generally packaged in disposable wrappers and/or disposable plates and containers. Such food can be consumed either on or off of
the site.
RETAIL SALES AREA - the total area of use which is devoted to the display
of goods and/or services, including aisles, to prospective patrons.
RETAIL STORE/SALES - retail stores are those businesses whose primary
activities involve the display and retail sales of goods and products. This term
shall not include adult-related facilities as defined herein.
RETIREMENT HOUSING – Retirement housing shall consist of living units
exclusively serving persons of retirement age. Such a development may include
facilities for health or convalescent care, ancillary support services, and
community services for persons of retirement age in the surrounding area. At
least one resident of each household shall be at least fifty-five (55) years of age
or be the surviving spouse of a deceased resident who was at least fifty-five (55)
years of age. In addition, the care of persons with disabilities shall be permitted
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in Assisted Living Facilities and/or Nursing, Rest, or Retirement Homes.
(Note: The above definition was added on April 1, 2003, by Ordinance No. 4-1-03-1.)
RIGHT-OF-WAY - a corridor of publicly owned land for purposes of maintaining primary vehicular and pedestrian access to abutting properties including, but
not limited to, roads, streets, highways and sidewalks. Abutting property owners
are prohibited from encroaching across the right-of-way line. (See also "street
line.")
RURAL OCCUPATION - an accessory business or commercial activity that is
conducted within an accessory structure of a principal single-family detached
dwelling.
SANITARY LANDFILL - a land site on which engineering principles are
utilized to bury deposits of solid waste without creating public health or safety
hazards, nuisances, pollution or environmental degradation.
SATELLITE DISH ANTENNA - a device incorporating a reflective surface
which is solid, open mesh or bar-configured and is in the shape of a shallow
dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally-based
uses. This definition is meant to include, but not be limited to, what are
commonly referred to as satellite earth stations, TVROs and satellite microwave
antennas.
SCHOOL - a principal use in which supervised education or instruction is
offered according to the following categories:
(1)
COMMERCIAL SCHOOL: an educational facility not operated by a
public agency. The range of curriculums can include all levels of
academic instruction, business and technical programs and artistic,
dance, baton-twirling, and musical training. These uses shall not include
vocational and/or mechanical trade schools as defined in this Chapter.
(2)
NONPROFIT SCHOOL: a school licensed by the Pennsylvania Department of Education for the purpose of providing elementary, secondary,
post-secondary and/or post-graduate education that is not operated as a
gainful business.
(3)
PRIVATE SCHOOL: a school that may offer a wide range of educational
or instructional activities (excluding vocational-mechanical trade schools
as defined below) that may, or may not be operated as a gainful business
by some person or organization other than the school district.
(4)
PUBLIC SCHOOL: a school licensed by the Department of Education
for the purpose of providing elementary, secondary, post-secondary,
post-graduate and adult education, and operated by the school district.
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ZONING
(5)
VOCATIONAL-MECHANICAL TRADE SCHOOL: a school that may
or may not be operated as a gainful business that principally offers
training in any of the following occupations:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Truck driving.
Engine repairs.
Building construction and general contracting.
Woodworking.
Masonry.
Plumbing.
Electrical contracting.
Other similar trades, as determined by the Zoning Hearing Board
pursuant to §§107 and 605(E) of this Chapter.
SCREENING - an assemblage of materials that are arranged so as to block the
ground level views between grade and a height of six (6) feet. Suitable screening
materials include trees, shrubs, hedges, berms, walls, sight-tight fences, other
similar type materials, or any combination thereof. No wall or fence shall be
constructed of plywood, corrugated metal or fiberglass, nor sheet metal.
Landscape screens must achieve the required visual blockage within two (2)
years of installation.
SEASONAL RESIDENCE - a dwelling, cabin, lodge or summer house which
shall not be occupied for more than 182 days of the year.
SETBACK - the required horizontal distance between a setback line and a
property or street line.
SETBACK, FRONT: the distance between the street line and the front
setback line projected the full width of the lot. Commonly, called
"required front yard."
SETBACK, REAR: the distance between the rear lot line and the rear
setback line projected the full width of the lot. Commonly called
"required rear yard."
SETBACK, SIDE: the distance between the side lot line and the side
setback line projected from the front yard to the rear yard. Commonly
called "required side yard."
SETBACK LINE - a line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and that property or street line.
SHOPPING CENTER - a group of stores planned and designed for the site on
which it is built, functioning as a unit, with shared off-street parking provided on
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the property as an integral part of the unit.
SIGN - a device for visual communication that is used to bring the subject to the
attention of the public, but not including lettering or symbols that are an integral
part of another structure, or flags or other insignia of any government, fraternal
or similar organization.
SKIDDING - The dragging of felled trees on the ground from the stump to the
landing by any means.
SLASH - Woody debris left in the woods after logging, including logs, chunks,
bark, branches, uprooted stumps, and broken or uprooted trees and shrubs.
SLDO - the latest version of the Salisbury Township Subdivision and Land
Development Ordinance.
SOIL SURVEY - the latest published version of the United States Department
of Agriculture's soil survey for Lancaster County, Pennsylvania.
SOLID WASTE - garbage, refuse and other discarded materials including, but
not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not
include biological excrement nor hazardous waste materials as defined in the
Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984,
or as amended.
SOLID WASTE HANDLING FACILITY - a principal use at which waste is
bought to the site for storage, processing, treatment, transfer and/or disposal
SPECIAL EXCEPTION - a use that is generally compatible with a particular
zone once specified criteria have been met. Special exception uses are listed by
zone and approved by the Zoning Hearing Board in accordance with §605(C) of
this Chapter.
SPECIFIED ANATOMICAL AREAS - less than completely and opaquely
covered human genitals, pubic region, buttocks, anus, female breasts below a
point immediately above the top of areolae, and/or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES - for the purposes of this Chapter, this
term shall include any of the following:
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ZONING
(1)
Actual or simulated sexual intercourse, oral copulation, anal intercourse,
oral anal copulation, bestiality, direct physical stimulation of unclothed
genitals, flagellation or torture in the context of a sexual relationship, or
the use of excretory functions in the context of a sexual relationship, and
any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty.
(2)
Clearly depicted human genitals in a state of sexual stimulation, arousal
or tumescence.
(3)
Use of human or animal masturbation, sodomy, oral copulation, coitus,
ejaculation.
(4)
Fondling or touching of nude human genitals, pubic region, buttocks or
female breast.
(5)
Masochism, erotic or sexually oriented torture, beating, or the infliction
of pain.
(6)
Erotic or lewd touching, fondling or other contact with an animal by a
human being.
(7)
Human excretion, urination, menstruation, vaginal or anal irrigation.
STAND - Any area of forest vegetation whose site conditions, past history, and
current species composition are sufficiently uniform to be managed as a unit.
STREAM - Any natural or man-made channel of conveyance of surface water
with an annual or intermittent flow within a defined bed and bank.
STREET - a strip of land over which there is a public or private right-of-way
intended to serve as:
(1)
(2)
A means of vehicular and/or pedestrian movement; and/or,
A means of vehicular and/or pedestrian access to, and frontage for,
abutting properties.
STREET CENTERLINE - the horizontal line paralleling the street that bisects
the street right-of-way into two equal widths. In those instances where the street
right-of-way cannot be determined, the street centerline shall correspond to the
center of the cartway.
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STREET LINE (RIGHT-OF-WAY LINE) - a line defining the edge of a street
right-of-way and separating the street from abutting property or lots. The street
line shall be the same as the legal right-of-way line currently in existence.
STRUCTURE - any man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the
land.
STRUCTURE, ACCESSORY: a structure associated with an accessory
use and in addition to the principal use of the property which is in
addition to the principal use of the property.
STRUCTURE, PRINCIPAL: a structure associated with a primary use.
Structures shall not include such things as fences, sandboxes, decorative
fountains, swingsets, birdhouses, birdfeeders, mailboxes, and any other similar
nonpermanent improvements.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the fair market
value of the structure either:
(1)
Before the improvement or repair is started; or,
(2)
If the structure has been damaged, and is being restored, before the
damage occurred.
For the purpose of this definition, "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor or other structural part
of the structure commences, whether or not that alteration affects the external
dimensions of the structure.
SWIMMING POOL - any pool, not located within a completely-enclosed
building and containing, or normally capable of containing, water to a depth at
any point greater than one-half (½) foot. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
SWMO – the latest version of the Salisbury Township Storm Water
Management Ordinance.
TAVERN - an establishment which serves primarily alcoholic beverages for
mostly on-premises consumption and which is licensed by the Pennsylvania
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Liquor Control Board. Taverns may also serve food, but no live entertainment
shall be permitted.
TIMBER HARVESTIN OR TREE HARVESTING - A forestry operation
that involves cutting down of trees and removing logs from the forest for the
primary purpose of sale or commercial processing into wood, wood-related or
paper products.
TOWNSHIP - Salisbury Township, Lancaster County, Pennsylvania.
TRAVEL TRAILER - a portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to
the above, any of the following attributes are characteristic of a "travel trailer":
(1)
The unit is of such size or weight as not to require a special highway
movement permit from the Pennsylvania Department of Transportation
when self-propelled, or when hauled by a standard motor vehicle on a
highway.
(2)
The unit is mounted or designed to be mounted on wheels.
(3)
The unit is designed to be loaded onto, or affixed to, the bed and/or
chassis of a truck.
(4)
The unit contains, or was designed to contain, temporary storage of
water and sewage.
(5)
The unit contains some identification by the manufacturer as a travel
trailer.
TREETOP - The upper portion of a felled tree that is not merchantable because
of small size, tapper or defect.
TWO-FAMILY CONVERSIONS - the conversion of an existing single-family
detached dwelling unit to contain two separate dwelling units.
UCC- The Pennsylvania Uniform Construction Code, as promulgated by the
Pennsylvania Department of Labor and Industry and as adopted by the
Township.
(Note: The above was added on November 16, 2010 by Ordinance 11-16-10-1.)
USDA - The United States Department of Agriculture or any agency successor
thereto.
(Note: The above was added on March 4, 2008 by Ordinance 3-4-08-1)
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USE - the specific purpose for which land or a structure is designed, arranged,
intended, occupied, or maintained.
USE, ACCESSORY: a use customarily incidental and subordinate to the
principal use or structure and located on the same lot with this principal
use or structure.
USE, PRINCIPAL: the main or primary use of property or structures.
USE AND OCCUPANCY PERMIT - a permit issued by the Zoning Officer
certifying a use's compliance with information reflected on the building permit
and this Chapter.
VARIANCE - a modification of any provision of this Chapter granted by the
Zoning Hearing Board subject to findings specified by the Act.
VETERINARIAN'S OFFICE - a building used primarily for the treatment, by
a veterinarian, of small domestic animals such as dogs, cats, rabbits and birds or
fowl. No outdoor boarding of animals is permitted.
WATERCOURSE - a permanent or intermittent stream, river, brook, run,
creek, channel, swale, pond, lake, or other body of surface water carrying or
holding surface water, whether natural or artificial.
WATERSHED - all the land from which water drains into a particular watercourse.
WECS UNIT - includes blades, hubs to which blades are attached, and any
device, such as a tower, used to support the hub and/or rotary blades, etc.
WET BAR - a bar with bar stools and small sink for the drawing of water and
washing off of glasses mounted behind and/or under the bar.
WETLANDS - those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of hydrophites typically adapted for life
in hydric soil conditions, including swamps, marshes, bogs and similar areas.
The term includes, but is not limited to, wetland areas listed in the State Water
Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the
Pennsylvania Coastal Zone Management Plan and any areas designated as wetlands by the United States Army Corps of Engineers, a river basin commission
or the Township.
WHOLESALE - any distribution procedures, which in the normal course of
business does not engage in sales to the general public.
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WIND ENERGY CONVERSION SYSTEM (WECS and WINDMILLS) any device which converts wind energy to mechanical or electrical energy.
WINDOW - an opening to the outside other than a door which provides all or
part of the required natural light, natural ventilation or both to an interior space.
The glazed portion of a door in an exterior wall may be construed to be a
window in regard to provision of natural light.
YARD - an area between the permitted structures and the property lines.
Yard, Front: The area contained between any street right-of-way line(s)
and the principal structure. For flag lots, the front yard shall be that area
between the principal structure and that property line which is most
parallel to the street that provides access and is not part of the flagpole.
Yard, Rear: The area contained between the principal structure and the
property line directly opposite the street of address. For flag lots, the rear
yard shall be that area between the principal structure and that lot line
which is directly opposite the above-described front yard.
Yard, Side: The area(s) between a principal structure and any side lot
line(s). On corner lots, the side yard shall be considered those areas
between the principal structure and the property lines directly opposite
the nonaddress street(s). For flag lots, the side yards shall be the area
between the principal structure and that one (1) outermost lot line which
forms the flag and pole, plus the area on the opposite side of the
principal structure.
ZONING - the designation of specified districts within the Township, reserving
them for certain uses together with limitations on lot size, heights of structures
and other stipulated requirements.
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ZONING OFFICER - the duly constituted Township official designated to administer and enforce this Chapter in accordance with its literal terms.
ZONING PERMIT - a permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all other requirements under this Chapter for the zone in which it is to be located.
(Note: The above Section 112 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §112; on May 7, 1996, by Ordinance No.
5-7-1996-2, §1,2; on December 17, 1996, by Ordinance No. 12-17-1996-2, §3; on February 2, 1999, by Ordinance No. 2-2-99-2, on
February 15, 2000, by Ordinance No. 2-15-00-3, on October 3, 2000, by Ordinance No. 10-3-00-1, on August 7, 2001, by Ordinance No. 87-2001-2 .)
PART 2
ZONE REGULATIONS
§201.
AGRICULTURAL ZONE (A).
Purpose. The primary purpose of this zone is to promote the continuation
and preservation of agricultural activities in those areas most suitable for such
activities. Areas contained within the zone have been specifically identified as
possessing valuable and nonrenewable natural and cultural resources. This
zone also intends to protect and stabilize the Township's viable agricultural
economy by eliminating uses that are incompatible with farming, but
permitting limited agricultural support businesses. Consequently, residential
uses are limited and any future inhabitants in this zone must be willing to accept
the impacts associated with normal farming practices, and related businesses.
Finally, the provisions of this zone have been specifically formulated to further
the objectives of the Municipalities Planning Code which provides that local
zoning ordinances shall be designed "to preserve prime agriculture and farm
land considering topography, soil type and classification and present use."
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ZONING
Permitted Uses.
A.
Agriculture, excluding commercial poultry, commercial hog and commercial
produce operations as defined herein, but including up to two single-family detached dwellings; provided, however, that if more than one single-family detached dwelling is proposed, the residents of both dwellings must be members
of the family who farm the site.
(Note: The above 201.2.A. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2, and amended on
February 2, 1999, by Ordinance No. 2-2-99-2.)
B.
Horticultural and forestry uses; forestry uses are subject to the requirements of
Section 325 of this Chapter.
(Note: The above 201.2.B was amended on August 7, 2001, by Ordinance No. 8-7-2001-2.)
C.
Public and nonprofit parks and playgrounds.
D.
Public and/or nonprofit schools.
E.
Reserved.
F.
Public uses and public utilities structures.
G.
Accessory uses customarily incidental to the above permitted uses, including,
but not limited to, the following:
(1)
Roadside stands for the sale of agricultural products grown on the site,
subject to the following:
(a)
Any structure used to display such goods shall be less than two hundred and fifty
(250) square feet in size, and be located at least fifty (50) feet from any side or rear property line.
(2)
(b)
The structure shall be set back at least thirty (30) feet from the
street right-of-way.
(c)
Sufficient off-street parking shall be provided.
(d)
Any signs used shall be attached to the roadside stand structure
and shall not exceed five (5) square feet in total area.
(e)
All roadside stands and related signs shall require the obtainment
of a building permit.
Manure storage facilities subject to the following regulations:
(a)
All manure storage facilities shall be designed in compliance
with the guidelines outlines in the publication Manure Manage27-48
ment for Environmental Protection, Bureau of Water Quality
Management Publication No. 43, and any revisions, supplements
and replacements thereof, published by the Pennsylvania Department of Environment Protection, copies of which are available
from the Water Quality Management in the Department of Environment Protection Regional Offices located at 1 Ararat
Boulevard, Harrisburg, PA 17110, telephone (717) 657-4585.
(Note: The above 201.2.G.(2)(a) was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
(b)
All waste storage facilities' designs shall be reviewed by the
Lancaster County Conservation District or by a professional
engineer with expertise in manure storage design. The applicant
shall furnish a letter from the Conservation District attesting to
approval of the design of the proposed facility or by a
professional engineer with expertise in manure storage design.
(Note: The above Section 201.2.G.(2)(b) was amended by Ordinance 4-20-04-1)
(c)
Construction and subsequent operation of the waste storage
facility shall be in accordance with the permit and the approved
design. Any design changes during construction or subsequent
operation will require the obtainment of another review by the
engineer with expertise in manure storage design.
(Note: The above Section 201.2.G(2)(c) was amended by Ordinance 4-20-04-1.)
(3)
Accessory day-care facilities.
(4)
Beekeeping, if conducted as an accessory use to a farm, subject to the
following requirements:
(a)
It shall be the duty of the applicant to maintain each colony so as to not create a public
nuisance.
(b)
Colonies shall be maintained in movable frame hives.
(c)
Hives shall be located only within the rear yard and shall be
situated to maximize sunshine exposure and/or natural wind
protection.
(d)
Hives shall be located no closer than one hundred (100) feet
from any property line unless a minimum six (6) foot high fence
or hedge is located along any adjoining property lines for a
distance at least one hundred (100) feet from the hive(s). In no
case shall hives be located within fifty (50) feet of any property
line.
(e)
All hives shall have access to an on-site water supply. Unless a
27-49
ZONING
natural water supply exists on the subject property, the applicant
shall furnish a water filled tank with a board or crushed rock for
the bees to land on.
(f)
Hives shall not be oriented to
neighboring properties.
children’s
play areas or
(g)
Adequate techniques in handling bees such as requeening and
adequate hive space shall be maintained to prevent unprovoked
stinging seventy-five (75) feet or more from the hive.
(Note: The above Section 201.2.G.(3) through (4)(g) was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
(5)
Residential accessory buildings, including but not limited to private
garages, utility sheds, and horse and carriage barns, provided, however,
that the combined footprint of all residential accessory buildings shall
not exceed the total square footage set forth below:
(a)
Lot area less than 29,000 square feet: 1,500 square feet.
(b)
Lot area between 29,001 square feet and 87,120 square feet:
1,800 feet.
(c)
Lot area greater than 87,121 square feet: 2,100 square feet.
(Note: The above Section 201.2.G.(5) was amended on 6-19-07 by Ordinance No.6-19-07-1.)
Special Exception Uses (Subject to the review procedures listed in §605(C)).
A.
Bed and breakfasts (see §409).
B.
ECHO housing (see §429).
C.
Farm occupations (see §432).
D.
Group day-care facilities (see §435).
E.
Kennels (see §444).
F.
Riding schools or horse boarding stables (see §456).
G.
Two family conversions (see §466).
H.
Commercial hog operations (see §418).
I.
Commercial poultry operations (see §419).
J.
Erection of a single-family detached dwelling on a parent tract and/or
subdivision of a residential lot from a parent tract (see §461).
(Note: The above was amended on March 4, 2008 by Ordinance 3-4-08-1)
K.
Home occupations (see §439).
27-50
L.
Farm house expansions (see §431).
(Note: The above 201.3.L. was amended on August 2, 1994, by Ordinance No. 8-2-1994-2.)
M.
Rural occupations (see §457).
(Note: The above 201.3.M. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
N.
Commercial stockyards and feedlots (see §422).
O.
Commercial produce operations (see §420).
(Note: The above Section 201.3. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
P.
Residential accessory buildings, including but not limited to private garages,
utility sheds, and horse and carriage barns, where the combined footprint of all
residential accessory buildings will exceed the square footage set forth in
Section 201.2.G(5) (see §469).
Q.
Subdivision of a parent tract (other than a subdivision governed by §201.3.J) or
land development of a parent tract to develop a principal non-residential and
non-farm use.
R.
S.
T.
Rural occupation as a principal use (see §471).
Storage facility within a former agricultural building (see §472).
Related uses on adjacent lots (see §473).
(Note: The above Section 201.3.P was added on October 3, 2000, by Ordinance No. 10-3-00-1. Section 201.3P was amended by Ordinance 420-04-1.) The above Section was amended on June 19, 2007 by Ordinance 6-19-07-1. R-T was added on August 18, 2009 by Ordinance 8-1809-1.
Conditional Uses (Subject to the review procedures listed in §705).
A.
Airport/heliports (see §404).
B.
Golf courses and related facilities (see §434).
C.
Spent mushroom compost processing and/or commercial mushroom operations
(see §464).
Design Standards. See table below:
Required Setbacks3
Minimum Side Yard
Use
Minimum Lot
Area (sq. ft.)
Maximum Lot
Area (sq. ft.)
Minimum
Lot Width1
27-51
Maximum
Lot Coverage
Minimum
Front Yard
One
Side
Both
Sides
Rear
Yard
ZONING
Use
Minimum Lot
Area (sq. ft.)
Maximum Lot
Area (sq. ft.)
Minimum
Lot Width1
Maximum
Lot Coverage
Minimum
Front Yard
One
Side
Both
Sides
Rear
Yard
Agricultural
Horticultural &
Forestry
25 acres
None
200 ft.
10%
50 ft.
50 ft.
(100 ft.)
50 ft.
Single-family
Detached Dwellings
0.9 acres1
1.1 acres2
150 ft.
30%
50 ft.
25 ft.
(50 ft.)
50 ft.
Other Principal Uses
0.9 acres2
1.1 acres2
200 ft.
40%
50 ft.
25 ft.
(25 ft.)
50 ft.
Residential Accessory
Structures
NA
NA
NA
20%
not permitted in 12 ft.
front yard
(24 ft.)
12 ft.
Required Setbacks3
Minimum Side Yard
1
Minimum lot width shall be measured at the building setback line.
2
All uses relying upon on-lot sewers must comply with §317 of this Chapter.
3
Note: These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall be set back off of the street rightof-way lines.
(The above Section 201.5 was amended on June 18, 2002 by Ordinance 6-18-02-1.) The above chart was amended on August 18, 2009 by
Ordinance 8-18-09-1.
Intensive Agricultural Setbacks. No new slaughter area, area for the storage or
processing of manure, garbage or spent mushroom compost, structures for the cultivation of mushrooms or the raising of livestock, or any building housing livestock
shall be permitted within three hundred (300) feet of any land within the R-1 and R-2
zones.
Maximum Permitted Height.
A.
Agricultural, Horticultural and Forestry Uses. One hundred and fifty (150) feet
and, further provided, that each structure must be set back a distance at
least equal to their height from each property line.
B.
Other Principal Uses. Thirty-five (35) feet.
C.
Residential Accessory Structures. Eighteen (18) feet for all structures other than
detached private garages and horse and carriage barns. A private garage or horse
and carriage barn shall meet the requirements of Section 302.9.
(The above Section was amended on June 19, 2007 by Ordinance 6-19-07-1.)
Required Conservation Plan. Any agricultural, horticultural or forestry related uses
which involve earthmoving activities, or the commercial harvesting or timbering of
vegetation shall require the obtainment of an approved conservation plan by the
Lancaster County Conservation District pursuant to Chapter 102, Erosion Control of
Title 25, Rules and Regulations, Department of Environmental Protection. All on-site
activities shall then be in compliance with the approved conservation plan.
Driveways and Access Drives. All driveways serving single-family dwellings shall be
27-52
in accordance with §310 of this Chapter. All access drives serving other uses shall be
in accordance with §311 of this Chapter.
(Note: The above Section 201.9. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
Agricultural Nuisance Disclaimer. All lands within the Agricultural Zone
are located within an area where land is used for commercial agricultural
production. Owners, residents and other users of this property may be
subjected to inconvenience, discomfort and the possibility of injury to
property and health arising from normal and accepted agricultural practices
and operations, including, but not limited to, noise, odors, dust, the operation
of machinery of any kind including aircraft, the storage and disposal of manure,
the application of fertilizers, soil amendments, herbicides and pesticides.
Owners, occupants and users of this property should be prepared to accept such
inconveniences, discomfort and possibility of injury from normal agricultural
operations, and are hereby put on official notice that §4 of the Pennsylvania Act
133 of 1982, the "Right to Farm Law," may bar them from obtaining a legal
judgment against such normal agricultural operations.
Vegetation Setback Requirement. On any separate non-farm parcel, no
shrub nor tree shall be planted within twenty (20) and thirty (30) feet,
respectively, of any land used for agricultural purposes.
Subdivision and Land Development within the Agricultural Zone (A). It
is the intent of the Supervisors to preserve and protect agriculture and to
preserve prime agricultural soils through limitations on subdivision and land
development within the Agricultural Zone (A).
A. Number of lots, dwellings or other principal nonagricultural buildings permitted.
For each parent tract there shall be permitted by special exception the
subdivision of one (1) lot (which shall specifically include, but not be limited to,
a subdivision to create a farm or farms and a subdivision to change lot lines or a
“lot add-on” subdivision which removes land from the parent tract to add the
land to another lot) or the erection of one (1) single family dwelling or other
principal non-agricultural building on the parent tract, but not both, with the
portion of the existing or newly created lot used for residential purposes limited
to the maximum lot size set forth in §201.5, for each twenty-five (25) acres
within the parent tract. A tabular example of this limitation on the creation of
lots or the erection of dwellings is as follows:
Parent Tract Size
In Acres
At least 26 but less than 50
27-53
Number of Lots Permitted to be
Subdivided or Dwellings or
Principal Non-Agricultural Bldgs.
Permitted to be Erected
1
2
3
ZONING
4
5
6
7
8
9
(1) For those parent tracts which contain at least twenty-six (26)
acres, the table set forth above shall be followed to determine the
number of lots which may be created or the number of dwellings
or other principal non-agricultural buildings which may be
erected. A special exception shall be required to authorize the
subdivision of each such lot or the erection of each such dwelling
or other principal non-agricultural building. Whenever possible,
each lot shall be created to contain and each dwelling or other
nonagricultural building shall be erected on soils with the
agricultural land capability classifications of IV, V, VI, VII, or
VIII as defined by the USDA. The burden shall be upon the
applicant to demonstrate that development on such soils is not
possible. If subdivision of a lot with such soils or the location of
a dwelling or other principal non-agricultural building upon such
soils is not possible, the lot or dwelling or other principal nonagricultural building shall be so located as to be directly adjacent
to an existing public road.
(2) The number of lots which may be created or single family
dwellings or other principal non-agricultural buildings which
may be erected on the parent tract shall be fixed according to the
parent tract. This number shall not be increased by the
subdivision of such parent tract. Any subsequent owner of a
parent tract or land remaining in a parent tract after subdivision
shall be bound by the actions of his predecessor.
(3) Any land development, the purpose of which is to permit the
erection of a permanent single-family dwelling on a parent tract
which has been previously improved with a dwelling which also
will remain upon the parent tract or to permit the erection of a
structure for an additional principal use on the parent tract shall
be considered a subdivision for the purposes of this Section. It is
the purpose and intent of this Section to limit the development of
agricultural tracts for non-agricultural purposes regardless of
whether such development is accomplished by subdivision or
land development as those terms are defined in the MPC.
(4) No subdivision shall be permitted which shall increase the lot
size of a lot of record used or to be used for residential purposes
in excess of the maximum lot size set forth herein. Any lot
which is less than ten (10) acres in size shall be presumed to be
used for residential purposes.
(5) If a parent tract is to be subdivided to create a new lot for a farm,
27-54
the remainder of the parent tract and the new lot to be created for
the new farm each must contain a minimum of twenty-five (25)
acres. The applicant shall have the burden to present substantial
evidence to the Zoning Hearing Board to support the applicant’s
position that the principal use of the new lots will be a farm.
(6) A landowner of a parent tract shall not be permitted to subdivide
the lots if such subdivision or subdivisions will result in the
remainder of the parent tract being less than twenty-five (25)
acres.
B.
Exemptions from special exception requirements and limitation on subdivision
of land. The following types of subdivisions shall not be required to obtain a
special exception under §201.3 and shall not be counted against the
subdivision/land development quota established by §201.12.A:
(1)
A subdivision, the sole purpose of which is to transfer to increase the
size of a tract being used for agricultural purposes, where both the parent tract
from which the land is taken and the parent tract to which the land is added
will be fifty (50) acres or greater after such subdivision.
(2)
A subdivision to create a lot which will be transferred to the Township, a
municipal authority created by the Township, or another entity with the power
of eminent domain.
(3)
A subdivision by lease to enable the development of a one room or two
room schoolhouse used by members of a recognized religious sect if the lease
provides that upon cessation of operation of the school all buildings will be
removed and the land will be returned to agricultural production.
C.
If a parent tract contains in excess of fifty (50) acres and all lots subdivided from
such parent tract do not exceed 1.1 acres and are clustered in a single portion of
the parent tract, the owner of such parent tract shall be entitled to subdivide one
(1) lot, which shall not exceed 1.1 acres and which shall be located adjacent to
such other lots, in addition to the number of lots established in Section
201.12.A. By way of example only, if a parent tract contains sixty (60) acres
and the owner of such parent tract subdivided two lots, neither of which
exceeded 1.1 acres, the owner of such parent tract shall be entitled to subdivide a
third lot which shall not exceed 1.1 acres. It is the legislative intent of this
provision to encourage the maintenance of large farms within the Township.
Section 201.12 was added on August 18, 2009 by Ordinance 8-18-09-1.
§202.
(R) RURAL RESIDENTIAL ZONE.
Purpose. The primary purpose of this zone is to promote a continuation
of the rural character of the area, characterized by a mixture of sparselydeveloped residential uses. In addition, other small-scale nonresidential uses
have developed. This zone will continue this development trend but will install
additional protection for rural residences from the impacts of other
nonresidential uses. These areas are not likely to
27-55
ZONING
be served by public sewer or water facilities within the foreseeable future; therefore,
larger lot sizes are indicated. This zone has been deliberately located away from large
areas of productive farmlands; nonetheless, considerable areas have been placed
within this zone owing to the Township's overall rural flavor. Because of the location
of these areas between farmland and wooded uplands, some steep slopes are included.
For this reason, specific lot design requirements have been imposed on steeply-sloped
development sites.
Permitted Uses.
A.
Agricultural, excluding commercial poultry, commercial hog and commercial
produce operations as defined herein, and horticultural uses, subject to the
standards listed in §201. Forestry uses subject to the requirements of Section
325 of this Chapter.
(Note: The above Section 202.2.A. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and on August 7, 2001, by
Ordinance No. 8-7-2001-2.)
B.
Single-family detached dwellings.
C.
Public and/or nonprofit parks and schools.
D.
E.
Reserved.
(Note: The above was amended on March 4, 2008 by Ordinance 3-4-08-1)
F.
but not limited to, the following:
(1)
(a)
Any structure used to display such goods shall be less than two
hundred and fifty (250) square feet in size, and be located at least
fifty (50) feet from any side or rear property line.
(b)
(c)
(d)
Any signs used shall be attached to the roadside stand structure and shall not
exceed five (5) square feet in total area.
(e)
27-56
(2)
(a)
with the guidelines outlined in the publication , Manure
Management for Environmental Protection, Bureau of Water
Quality Management Publication No. 43, and any revisions,
supplements and replacements thereof, published by the
Pennsylvania Department of Environmental Protection, copies of
which are available from the Water Quality Management in the
Department of Environmental Protection Regional Offices
located at 1 Ararat Boulevard, Harrisburg, PA 17110, telephone
(717)657-4585.
(Note: The above Section 202.2.F.(2)(a) was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
(b)
All waste storage facilities’ designs shall be reviewed by the
engineer with expertise in manure storage design. The applicant
shall furnish a letter from the Lancaster County Conservation
District attesting to approval of the design of the proposed
facilities or a letter from a professional engineer with expertise in
manure storage design.
(Note: The above Section 202.2F(2)(b) was amended by Ordinance No. 4-20-04-1.)
(c)
engineer with expertise in manure storage design.
(Note: The above Section 202.2.F(2)(c) was amended by Ordinance No. 4-20-04-1.)
(3)
(4)
(a)
(b)
It shall be the duty of the applicant to maintain each colony so as
to not create a public nuisance.
(c)
protection.
(d)
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ZONING
line.
(e)
shall furnish a water-filled tank with a board or crushed rock for
(f)
Hives shall not be oriented to children’s play areas or
(g)
(Note: The above Section 202.2.F. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
(5)
not exceed 1,500 square feet.
(Note: The above Section 202.2.F(5) was added on October 3, 2000, by Ordinance No. 10-3-00-1.) The above section was
amended on June 19, 2007 by Ordinance 6-19-07-1.
Special Exception Uses (Subject to the procedures presented in §605(C) of this
Chapter).
A.
B.
ECHO housing (see §429).
C.
D.
E.
Two-family conversions (see §466).
F.
G.
residential accessory buildings will exceed 1500 square feet (see §469).
27-58
H.
Churches and cemeteries (see §413).
(Note: The above Section 202.3.A.-E. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and Section 202.3.F.
was added on February 15, 2000, by Ordinance No. 2-15-00-3, and Section 202.3.G was added on October 3, 2000, by
Ordinance 10-3-00-1. Section 202.3G was amended by Ordinance 4-20-04-1.) The above section was amended by
Ordinance 6-19-07-1.
Design Standards.
Minimum Side Yard
Use
All Permitted
Uses2
Accessory Uses
Minimum Lot
Area (sq. ft.)
Minimum
Lot Width
Maximum
Lot Coverage
Front Yard
One Side
Both (Sides)
7%
50'
30'
(60')
3 acres
250'
NA
NA
Rear Yard
50'
NA
not permitted in
front yard
15'
(30')
15'
1
2
Except agricultural, horticultural and forestry uses.
A.
Principal Buildings and Structures. Thirty-five (35) feet.
B.
Accessory Buildings and Structures. Eighteen (18) feet for all buildings and
structures other than detached private garages and horse and carriage barns. A
private garage or horse and carriage barn shall meet the requirements of Section
302.9.
The above section was amended by Ordinance 6-19-07-1.
All uses permitted within this zone shall also comply with the general provisions
contained in Part 3 of this Chapter.
§203.
RESIDENTIAL ZONE (R-1).
Purpose. This zone is meant to accommodate suburban detached
residential growth within the Township. This zone coincides with potential
sewer and water utility service areas; however, the actual availability of these
services is likely to occur at different times, in different areas. As a result,
permitted densities have been adjusted according to the availability of these
public utilities. When no public sewers are provided, minimum lot area
requirements have been sized to provide for an initial and an alternate on-site
sewage disposal system. All detached units that are proposed without
27-59
ZONING
the use of public sewers will be required to be situated to one side of a wider lot, so
that future infill development potentials can be protected in the event public sewers
become available. Last, multifamily and nonresidential uses have been specifically
excluded to protect the single-family residential character of these neighborhoods.
Permitted Uses.
A.
B.
Public and/or nonprofit parks.
C.
Public utilities structures.
D.
Forestry uses subject to the requirements of Section 325 of this Chapter.
E.
Accessory uses customarily incidental the above-permitted uses including, but
not limited to, accessory day-care facilities.
(Note: The above Section 203.2.D. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and on October 3, 2000,
by Ordinance No. 10-3-00-1, and Section 203.2.D &E was amended on August 7, 2001, by Ordinance No. 8-7-2001-2.)
F.
utility sheds, and horse and carriage barns, provided, however, that the
combined footprint of all residential accessory buildings shall not exceed 1176
square feet.
(The above section was amended by Ordinance 6-19-07-1.)
Special Exception Uses (See §605(C).
A.
Public uses (see §453).
B.
C.
D.
G.
Churches (see §413).
(Note: The above Section was amended on April 1, 2003, Ordinance No. 4-1-03-1)
H.
residential accessory buildings will exceed 1176 square feet (see §469)
(Note: The above Section 203.3. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and Section 203.3.F was
added on October 3, 2000, by Ordinance No. 10-3-00-1. Section 203.3G was amended by Ordinance No. 4-20-04-1.) The above section(H)
was added by Ordinance 6-19-07-1.
27-60
Conditional Use (See §705).
A.
Cluster development (see §415).
B. Retirement Housing (see §470)
(Note: The above Section was added on April 1, 2003, Ordinance No. 4-1-03-1.)
Utilized
Public
Utilities
Minimum
Lot Area
Minimum Side Yard
None
Minimum
Lot Width2
Maximum Lot
Coverage
Front
Yard Setback
One Side
Both (Sides)
Rear Yard
43,560 sq. ft.1
280 ft.
20%
40 ft.
140 ft.
(165 ft.)
50 ft.
1
Public Water
32,000 sq. ft.
250 ft.
25%
40 ft.
120 ft.
(145 ft.)
50 ft.
Public Sewer
20,000 sq. ft.
125 ft.
30%
40 ft.
20 ft.
(40 ft.)
40 ft.
Both Public
Sewer and
Public Water
17,500 sq. ft.
100 ft.
35%
40 ft.
15 ft.
(30 ft.)
35 ft.
1
All uses relying upon on-lot sewer must comply with §317 of this Chapter.
2
A.
B.
Accessory Buildings and Structures. Fifteen (15) feet for all buildings and
302.9.
(The above section was amended by Ordinance 6-19-07-1)
Minimum Accessory Structures Setbacks.
A.
Front Yard. No accessory structure shall be located in the front yard.
B.
Side and Rear Yard. Ten (10) feet each.
All uses permitted within this zone shall also comply with the general provisions
contained in Part 3 of this Chapter.
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ZONING
§204.
RESIDENTIAL ZONE (R-2).
Purpose. This zone seeks to accommodate the higher density needs of the
Township. A wide range of housing types are encouraged with densities
exceeding those permitted elsewhere in the Township. This zone is located
near existing multifamily developments and major transportation routes.
Certain civic and residential related uses have also been allowed to enhance
convenient access to this higher concentration of residents. This zone coincides
with expected sewer utility service areas; however, the actual availability of
these services is likely to occur at different times, and in different areas. As a
result, permitted densities and housing types have been adjusted according to
the availability of these public utilities. All detached units that are proposed
without the use of public sewers will be required to be situated to one side of a
wider lot, so that future in-fill development potentials can be protected in the
event public sewers become available. Finally, cluster developments have
been permitted by conditional use, with density bonuses, to encourage this
preferred development pattern.
Permitted Uses.
A.
B.
Duplexes.
C.
Townhouses.
D.
Multiple family dwellings.
E.
F.
I.
J.
Accessory uses customarily incidental to the above permitted uses including, but
K.
utility sheds, and horse and carriage barns, provided, however, that the
combined footprint of all residential accessory buildings shall not exceed 1176
square feet.
(Note: The above Section 204.2.G. was amended on February 2, 1999, by Ordinance No. 2-2-99-2 and October 3, 2000, by
Ordinance No. 10-3-00-1, and Section 204.2.G & H was amended on August 7, 2001, by Ordinance No. 8-7-2001-2.) The above section (I)
was added by Ordinance 6-19-07-1.
Special Exception Uses (See §605(C)).
A.
Boarding houses (see §410).
27-62
B.
Nursing, rest or retirement homes (see §449).
C.
D.
Churches (see §413).
(Note: The above section was amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
E.
F.
Private schools (see §451).
G.
Commercial day-care facilities (see §417).
H.
I.
(Note: The above Section 204.3. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and Section 204.3.I was
added on October 3, 2000 by Ordinance No. 10-3-00-1. Section 204.3I was amended by Ordinance 4-20-04-1.) The above section (I) was
amended by Ordinance 6-19-07-1.
Conditional Uses (See §705).
A.
Mobile home parks (see §447).
B.
Medical residential campuses (see §445).
C.
Cluster developments (see §416).
27-63
ZONING
Design Standards.
Use
SFD
Utilized Public
Utilities
Minimum Lot
Area (sq. ft.)
43,5601
None
1
Maximum Net Minimum Lot
Density (du/ac) Width2
Maximum
Lot Coverage
Minimum Yards
Front
One Side Both (Sides) Rear
1
280 ft.
20%
40'
140'
165'
50'
SFD
Public Water
32,670
1.36
250 ft.
25%
40'
120'
145'
40'
SFD
Public Sewer
20,000
2.18
125 ft.
30%
40'
20'
40'
40'
SFD
Both Public
10,000
Water & Public Sewer
4.35
80 ft.
35%
40'
15'
Duplexes
Townhouses3
Both Public
7,260
Water & Public Sewer per unit
Both Public
2,000
Water & Public Sewer per unit
6
8
50'
per unit
35%
20'
per unit
60%
30'
25'
30'
15'
30'
35'
(NA)
30'
(NA)
30'
(End Units)
Multiple
Family4
Both Public
87,120
Other Uses
Both Public
43,560
8
200'
60%
50'
30'
(60')
50'
200'
30%
40'
30'
(60')
50'
NA
1
2
3
No more than 20% of the total number of townhouse groupings shall contain more than six units and in no case shall any grouping contain more than eight units.
For each townhouse grouping containing more than four units, no more than 60% of such units shall have the same front yard setback; the minimum variation of
setback shall be two (2) feet. All townhouse buildings shall be set back a minimum of fifteen (15) feet from any parking facilities contained on commonly held
lands. All townhouses buildings shall be set back at least thirty (30) feet from any perimeter boundary of the development site. In those instances where several
townhouse groupings are contained upon the same lot, the standards listed in the following footnote 4 shall apply.
4
In those instances where several multiple family dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances
will be provided between each building:
A. Front to front, rear to rear, or front to rear, parallel buildings shall have at least seventy (70) feet between faces of the building. If the front or rear faces are
obliquely aligned, the above distances may be decreased by as much as ten (10) feet at one end if increased by similar or greater distance at the other end.
B. A minimum yard space of thirty (30) feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between
the corners of the end walls of the building may be reduced to a minimum of twenty (20) feet.
C. A minimum yard space of thirty (30) feet is required between end walls and front or rear faces of buildings.
Minimum Accessory Structures Setbacks.
A.
Front Yard. Accessory structures are not permitted in the front yard.
(Note: The above Section 204.6.A. was amended on February 6, 1996, by Ordinance No. 2-6-1996-3.)
B.
Side and Rear Yard. Ten (10) feet.
A.
27-64
B.
Accessory Building and Structures. Fifteen (15) feet for all buildings and
302.9.
The above section (B) was amended by Ordinance 6-19-07-1.
Driveways and Access Drives. All driveways serving single-family
dwellings shall be in accordance with §310 of this Chapter. All access drives
serving other uses shall be in accordance with §311 of this Chapter.
All uses permitted within this zone shall also comply with the general
provisions contained in Part 3 of this Chapter.
(Note: The above Section 204 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §204; on February 6, 1996, by
Ordinance No. 2-6-1996-3, §5; on October 3, 2000, by Ordinance No. 10-3-00-1, §10. Section 204.10 was amended by Ordinance No. 4-2004-1.)
§205.
NEIGHBORHOOD COMMERCIAL ZONE (NC).
Purpose. The purpose of this zone is to provide basic convenience
commercial goods and services to local residents who live in the existing
villages. Uses have been limited to those that residents are likely to need on a
daily or regular basis. Overall, retail size has been restricted to prevent the
establishment of intensive commercial uses that exceed the local orientation
of this zone. These zones have been sized to permit a grouping of several
businesses; lot sizes may vary depending upon the use of public utilities. These
zones have been located amid the various residential con- centrations to
facilitate convenient access to these services without creating additional
congestion to and from larger commercial centers. Strict design standards have
been imposed to keep uses in this zone compatible with nearby homes.
Permitted Uses.
A.
Offices.
B.
Banks and similar financial institutions.
C.
Restaurants (but not including drive-through or fast-food restaurants or nightclubs).
D.
Retail sale and/or rental of goods (including convenience stores) provided the
total sales and/or display area is less than three thousand, six hundred (3,600)
square feet.
E.
Retail services including: barber/beauty salons; music, dance, art or photographic studios and repair of clocks and small appliances.
F.
Medical or dental clinics.
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ZONING
G.
Veterinarian offices provided no outdoor keeping of animals is permitted.
H.
I.
Shopping centers with any of those uses permitted in this Section.
J.
Dwellings subject to the requirements of the zone, which abuts the NC Zone in
which the site is located.
K.
Churches (see Section 413)
L.
Recycling collection facilities, provided such facilities are sufficiently enclosed
to prevent the scattering of debris, the materials collected are removed at regular
intervals, the facility is posted to prohibit the disposal of any material, good or
furnishing that cannot be placed within the actual recycling bin, and the total
size of the facility is less than three hundred (300) square feet.
M. Forestry uses subject to the requirements of Section 325 of this Chapter.
N. Accessory uses customarily incidental to the above permitted uses including, but
(Note: The above Section 205.2.M. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and Section 205.2.M & N
was amended on August 7, 2001, by Ordinance No. 8-7-2001-2.)
A.
B.
Private and commercial schools (excluding vocational and mechanical trade
schools) (see §451).
C.
Dry cleaners, laundries and laundromats (see §428).
D.
Automobile filling stations (including minor incidental repair) (see §408).
E.
Lot Area, Lot Width and Lot Coverage Requirements. See the following
table:
Utilized
Public Utilities
Minimum
Lot Area
Minimum
Lot Width
Maximum
Lot Coverage
None
43,560 sq. ft.1
200 ft.
35%
27-66
Utilized
Public Utilities
Minimum
Lot Area
Minimum
Lot Width
Maximum
Lot Coverage
Public Water
Public Sewer
32,670 sq. ft.1
20,000 sq. ft.
150 ft.
125 ft.
40%
45%
Both Public Sewer and
Public Water
15,000 sq. ft.
100 ft.
50%
1
Minimum Setback Requirements (Principal and Accessory Uses).
A.
Front Yard Setback. All buildings, structures (except permitted signs) and outdoor loading areas shall be set back at least thirty-five (35) feet from the street
right-of-way; off-street parking lots shall be set back a minimum of twenty (20)
feet from the street right-of-way.
B.
Side Yard Setback. All buildings and structures (except permitted signs) shall be
set back at least fifteen (15) feet from the side lot lines. Off-street parking lots
and loading areas shall be set back at least ten (10) feet from the side lot lines,
unless joint parking facilities are shared by adjoining uses. In such instances, one
of the side yard setbacks can be waived solely for parking and/or loading
facilities.
C.
Rear Yard Setback. All buildings, structures, off-street parking lots and loading
areas shall be set back at least twenty (20) feet from the rear lot line.
D.
Residential Buffer Strip. Any lot adjoining land within a residential zone shall
maintain a twenty-five (25) foot setback for nonresidential buildings, structures,
off-street parking lots and loading areas from the residentially-zoned parcels.
Such areas shall be used for a landscape strip and screen.
Maximum Permitted Height. Thirty-five (35) feet.
Off-Street Loading. Off-street loading shall be provided as specified in
§313 of this Chapter. In addition, no off-street loading area shall be permitted
on any side of a building facing adjoining lands within a residential zone, nor
any side of a building facing an adjoining street.
Off-Street Parking. Off-street parking shall be provided as specified in
Signs. Signs shall be permitted as specified in §315 of this Chapter.
Driveways and Access Drive Requirements. All driveways serving
single-family dwellings shall be made in accordance with §310 of this Chapter.
All access drives serving other uses shall be in accordance with §311 of this
Chapter.
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ZONING
Screening. A visual screen must be provided along any adjoining lands
within a residential zone, regardless of whether or not the residentially-zoned
parcel is developed. (See §314 of this Chapter.)
Landscaping.
A.
Any portion of the site not used for buildings, structures, parking lots, loading
areas, outdoor storage areas and sidewalks shall be maintained with a vegetative
ground cover and other ornamental plantings. (See §314 of this Chapter.)
B.
A minimum ten (10) foot wide landscape strip shall be provided along all
property lines. Such landscape strip can be waived for that portion of the site
occupied by a joint parking lot and/or loading area shared by adjoining uses.
Waste Products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining streets and/or
properties. All dumpsters shall be set back a minimum of fifty (50) feet from
any adjoining residentially- zoned properties. All waste receptacles shall be
completely enclosed.
(Note: The above Section 205.13. was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
provisions in Part 3 of this Chapter.
Commercial Operations Standards. All commercial operations shall be in
compliance with any Commonwealth of Pennsylvania and/or Federal
government regulations, as required by the most recent regulations made
available from these governmental bodies.
Outdoor Storage. Within this zone, no outdoor storage nor display of
merchandise is permitted.
All commercial uses must have Pennsylvania Department of Labor
and Industry approval prior to building permit approval.
§206.
GENERAL COMMERCIAL ZONE (GC).
Purpose. This zone provides suitable locations for highway-oriented
retail, service and entertainment businesses. The uses often involve outdoor
activities and/or storage areas like automobile, boat and trailer sales and
service establishments. The uses provided in this zone are meant to serve
local residents, as well as those motorists passing through the Township.
Access to these areas is provided by adjoining major streets. Specific setbacks
are imposed upon outdoor storage areas to protect adjoining
27-68
properties, and landscaping requirements should help to create an attractive site
appearance. Finally, certain design incentives are provided for integrated uses that
share access, parking, loading, signage, etc.
Permitted Uses.
A.
Offices.
B.
C.
Restaurants and taverns (but not including drive-through or fast-food restaurants, nor nightclubs).
D.
Retail sale of goods and services (including auto parts stores, without installation).
E.
Hotels, motels and similar lodging facilities.
F.
Automobile, boat, farm machinery, mobile home and trailer sales.
G.
Theaters and auditoriums.
H.
Public uses and utilities.
I.
Private and commercial schools (excluding vocational and mechanical trade
schools).
J.
Dry cleaners, laundries and laund romats (See §428)..
(Note: The above section was amended on July 2 1, 2015, by Ordinance No. 07-21-15-1.)
K.
Churches (see Section 413)
L.
Funeral homes, mortuaries and crematoriums.
M. Clubhouses for private clubs.
N.
O.
Accessory uses customarily incidental to the above permitted uses.
P.
Recycling collection facilities, provided such facilities are sufficiently enclosed
to prevent the scattering of debris, the materials collected are removed at regular
intervals, the facility is posted to prohibit the disposal of any material, good or
furnishing that cannot be placed within the actual recycling bin, and the total
27-69
ZONING
size of the facility is less than three hundred (300) square feet.
Q. Medical or dental clinics
(Note: The above Section 206.2.M.-O. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and Section 206.2.N-P
was amended on August 7, 2001, by Ordinance No. 8-7-2001-2.)
Special Exception Uses (Subject to the procedures presented in §605(C) of this
Chapter).
A.
Adult-related facilities (see §403).
B.
C.
Amusement arcades (see §405).
Automobile, boat, trailer, truck, farm machinery and mobile home service and
repair facilities, including, but not limited to, auto mechanics, drive-through
lubrication services and tire, auto paint, brake, muffler, transmission, windshield, auto body, car radio and upholstery shops (see §407).
D.
Automobile filling stations (including minor incidental repair) (see §408).
E.
Billboards (see §468).
F.
Car washes (see §412).
G.
H.
Commercial recreation facilities (see §421).
I.
Drive-through and/or fast-food restaurants (see §427).
J.
Farmers and/or flea markets (see §430).
K.
Health and fitness clubs (see §436).
L.
Home improvement and building supply stores (see §440).
M.
Hospitals (see §441).
N.
Mini warehouses (see §446).
O.
Nightclubs (see §448).
P.
27-70
U.
Convenience Store (see Section 425)
(Note: The above section was added on April 1, 2003, by Ordinance No. 4-1-03-1.)
Conditional Uses (Subject to the procedures presented in §705 of this
Chapter).
A.
Shopping centers involving any use permitted in this Zone (see §460).
Lot Area, Lot Width and Lot Coverage Requirements. See following table:
Utilized
Public Utilities
Minimum
Lot Area
Minimum
Lot Width
Maximum
Lot Coverage
None
43,560 sq. ft.1
200 ft.
40%
Public Water
32,6701
150 ft.
50%
Public Sewer
20,000 sq. ft.
125 ft.
60%
Public Water
15,000 sq. ft.
100 ft.
70%
1
Minimum Setback Requirements.
A.
Front Yard Setback. All buildings, structures (except permitted signs)
loading areas shall be set back at least thirty-five (35) feet from the street
right-of-way; off-street parking lots and outdoor storage areas shall be set
back a minimum of twenty (20) feet from the street right-of-way.
B.
Side Yard Setback. All buildings and structures shall be set back at least twenty
(20) feet from the side lot lines. Off-street parking lots, loading areas and
outdoor storage areas shall be set back at least ten (10) feet from the side
lot lines, unless joint these facilities are shared by adjoining uses. In such
instances, one of the side yard setbacks can be waived solely for these
facilities.
C.
Rear Yard Setback. All buildings, structures, off-street parking lots,
loading areas and outdoor storage areas shall be set back at least twenty
(20) feet from the rear lot line except as provided in subsection (D), below.
(Note: The above Section 206.6.C. was amended on January 19, 1993, by Ordinance No. 1-19-1993-4.)
D.
Residential Buffer Strip. Any lot adjoining land within a residential zone
27-71
ZONING
shall maintain a thirty-five (35) foot set back for buildings, structures,
off-street parking lots, loading areas and outdoor storage areas, from the
residentially- zoned parcels. Such area shall be used for a landscape strip and
screen.
Off-Street Loading. Off-street loading shall be provided as specified
in §313 of this Chapter. In addition, no off-street loading area shall be
permitted on any side of a building facing adjoining lands within a
residential zone, nor any side of a building facing an adjoining street.
Off-Street Parking. Off-street parking shall be provided as specified in §312 of this
Chapter.
Driveway and Access Drive Requirements. All driveways serving
single-family dwellings shall be in accordance with §310 of this Chapter. All
access drives serving other uses shall be in accordance with §311 of this Chapter.
(Note: The above Section 206.11. was amended on September 17, 1991, by Ordinance No. 9-17-1991-1.)
Landscaping. Any portion of the site not used for buildings, structures,
parking lots, loading areas, outdoor storage areas and sidewalks shall be
maintained with a vegetative ground cover and other ornamental plantings.
(See §314 of this Chapter.)
yard, provided such dumpsters are screened from any adjoining streets or
properties. All dumpsters shall be set back a minimum of fifty (50) feet from
any adjoining residentially-zoned properties. All waste receptacles shall be
completely enclosed.
provisions in Part 3 of this Chapter.
Commercial Operations Standards. All commercial operations shall be in
compliance with any Commonwealth of Pennsylvania and/or Federal
government regulations, as required by the most recent regulations made
available from these governmental bodies. (See §320 of this Chapter.)
27-72
Outdoor Storage. Within this zone, the outdoor storage of vehicles,
trailers, recreational vehicles, mobile homes, nursery and garden stock,
sheds, playground equipment, pet houses and other similar outdoor
appurtenances is permitted, provided all outdoor storage areas are screened
from adjoining streets and properties, and the outdoor storage areas comply
with the setbacks imposed within this Section. The outdoor storage areas for
automobile sales uses need not be screened from adjoining streets. Any
outdoor storage of goods or materials that exceeds six (6) feet in height shall
be set back no less than one hundred (100) feet from any residentially-zoned
land and/or street. (See §321 of this Chapter for additional requirements.)
(Note: The above Section 206.17. was amended on February 2, 1999, by Ordinance No. 2-2-99-2 and revised on February 15, 2000, by
All uses must have Pennsylvania Department of Labor and Industry
approval prior to building permit approval.
(Note: The above Section 206 was amended on November 20, 1990, by Ordinance No. 11-20-1990; on September 17, 1991, by Ordinance
No. 9-17-1991-1, §4; and on January 19, 1993, by Ordinance No. 1-19-1993-4, §4.)
§207.
REGIONAL COMMERCIAL ZONE (RC).
Purpose. The purpose of this zone is to provide suitable locations for
businesses that rely on a regional market area for customers. The uses permitted
include a wide range of retail goods. The large minimum lot size protects the
regional character of development by encouraging large uses, or an
integration of smaller ones. The areas designated for this zone have premium
vehicular access and exposure around major arteries. Design standards are
imposed to create an attractive, well-landscaped setting with abundant
convenient parking.
Permitted Uses.
A.
Offices (business and professional).
B.
C.
Restaurants and taverns (but not including drive-through or fast-food restaurants
or nightclubs).
D.
Retail sales of goods and services (including auto parts without installation).
E.
Theaters and auditoriums.
F.
Fast-food restaurants. if within an enclosed shopping center or mall and no
direct outside access to the restaurant is provided.
27-73
ZONING
G.
Automobile parts store and automobile service and repair facilities if accessory
to a department or variety store.
I.
J.
Accessory uses customarily incidental to the above-permitted uses including, but
K.
Medical or dental clinics.
L.
Dry Cleaners, laundries and Laundromats) Sec §428).
(Note: The above Section 207.2.H & I was amended by August 7, 2001, by Ordinance No. 8-7-2001-2.)
Conditional Uses (Subject to the criteria listed in §705).
A.
Shopping centers and malls (see §460).
B.
Hotels, including related dining facilities (see §442).
(Note: The above Section 207.3A.-C. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was
amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
Special Exception Uses
A. Convenience Store (see Section 425)
B.
Drive-Thru and Fast-Food Restaurants (see Section 427)
(Note: The above section was added on April 1, 2003, by Ordinance No. 4-1-03-1)
C. Health and fitness clubs (See §436)
D. Home Improvement and building supply stores (See §440).
Lot Area Requirements. Unless otherwise specified, each use within this
zone shall have a minimum lot size of five acres. For the purposes of this
Section, a "use" can include several businesses that are developed in a
coordinated fashion (e.g., joint parking lots, access drives, loading areas,
landscaping, signage, etc.) that functions as one development site and satisfies
all of those requirements imposed upon this zone.
Minimum Lot Width. Three hundred (300) feet.
A.
Front Yard Setback. All buildings, structures (except permitted signs) and off27-74
street loading areas shall be set back at least fifty (50) feet from the street rightof-way lines. Off-street parking lots shall be set back at least twenty-five (25)
feet from street right-of-way lines.
B.
Side Yard Setbacks. All buildings and structures shall be set back at least fifty
(50) feet from the side lot lines. Off-street parking lots and loading areas shall
be at least twenty-five (25) feet from side lot lines; unless joint parking facilities
are shared by adjoining uses. In such instances, one of the required side yard
setbacks can be waived for parking lots only.
C.
Rear Yard Setback. All buildings and structures shall be set back at least fifty
(50) feet from the rear lot line. Off-street parking lots and loading areas shall be
set back at least twenty-five (25) feet.
D.
maintain a seventy-five (75) foot setback for buildings and structures, and a fifty
(50) foot setback for off-street parking lots and loading areas, from the residentially-zoned parcels. Such areas shall contain a fifty (50) foot wide landscape strip and a screen.
Maximum Permitted Height. Forty-five (45) feet.
Maximum Lot Coverage. Sixty percent (60%).
Outdoor Storage. No outdoor storage shall be permitted.
Off-street loading shall be provided as specified in §313 of this Chapter.
In addition, no off-street loading area shall be permitted on any side of a
building facing adjoining lands within a residential zone, nor any side of a
building facing an adjoining street.
Access Drive Requirements. See §311 of this Chapter.
A.
Distance From Intersection of Right-of-Way Lines.
(1)
Entrance onto an arterial street or major collector street, two hundred
and fifty (250) feet.
(2)
Entrance onto other street classifications, one hundred and fifty (150)
feet.
(Note: The above Section 207.13.A. was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
27-75
ZONING
B.
Distance from Side Property Lines. Twenty-five (25) feet; provided, however,
this setback can be waived when a joint parking lot is shared by
adjoining uses.
C.
No more than one access drive per lot frontage is permitted, except that lot
frontages of more than one thousand (1,000) feet may contain one additional
access drive so long as such access drives are separated by at least three hundred
(300) feet at the street line.
Screening. A vegetative screen must be provided along any lands
adjoining a residential zone, regardless of whether or not the residentiallyzoned parcel is developed (see §314).
Landscaping. Any portion of the site not used for buildings, structures,
parking lots, loading areas and sidewalks shall be maintained with a vegetative
ground cover and other ornamental plantings. A twenty-five (25) foot
landscape strip shall be provided along all property lines. Such landscape strip
can be waived for that portion of the site occupied by a joint parking lot, shared
by adjoining uses (see §314).
Waste Products. Dumpsters used for domestic garbage may be permitted
within the side or rear yard; provided such dumpsters are screened from
adjoining streets and properties. All dumpsters shall be set back at least one
hundred (100) feet from all lot lines.
Commercial Operations Standards. All commercial operations shall be in compliance
with any Commonwealth of Pennsylvania and/or Federal government regulations, as
required by the most recent regulations made available from these governmental
bodies. (See §320 of this Chapter.)
All commercial uses must have approval from the Pennsylvania Department of Labor
and Industry prior to building permit approval.
(Note: The above Section 207.18. was amended on November 20, 1990, by Ordinance No. 11-20-1990, §207.)
§208.
INDUSTRIAL ZONE (I).
Purpose. This zone provides for a wide range of industrial activities that
contribute to the well-being of the Township by diversifying its economy and
providing valuable employment opportunities. The required lot sizes have been
kept small to accommodate the start-up industries that are likely to emerge;
however, larger and heavier industries have also been permitted. This zone
provides for light industrial uses as permitted by right, but requires
obtainment of a special exception for heavier and potentially moreobjectionable types of industrial uses. These areas have been located near
existing public utility service areas and along major streets. Design standards
27-76
have been imposed to create attractive site designs and moderate the
objectionable impacts associated with industrial uses. Substantial setbacks
are used to protect adjoining residences.
Permitted Uses. Uses permitted within this zone include the following
provided the total lot area devoted to such use does not exceed two acres.
Any of the following uses that require more than two acres of lot area shall be
regulated as conditional uses according to Section 208.4 of this Chapter.
A.
Laboratories for medical, scientific or industrial research and development.
B.
Manufacturing, packaging, storage and/or wholesaling of the following:
(1)
Furniture, cabinets, fixtures, office supplies, and other household appointments.
(2)
Scientific, specialized and technical instruments and equipment.
(3)
Audio visual components, computers, vending machines, electronic
equipment and video games.
27-77
ZONING
C.
D.
(4)
Finished textile products.
(5)
Brushes, brooms and combs.
(6)
Hot tubs, spas, saunas and swimming pools.
(7)
Jewelry and other precious metals.
(8)
Photographic, lighting and timekeeping equipment.
(9)
Small household appliances, excluding major appliances.
(10)
Musical instruments and sporting equipment.
(11)
Cosmetics, toiletries and pharmaceuticals.
(12)
Optical, dental and medical supplies and equipment.
(13)
Small or novelty products from prepared materials (excluding the use of
sheet metals).
Processing, packaging, storage and/or wholesaling of food products excluding
subsections (1) through (4), below, which shall only be permitted by conditional
use under subsection (8)(4)(B):
(1)
Breweries and distilleries.
(2)
Pickling processes.
(3)
Rendering or slaughtering operations.
(4)
Sugar refineries.
Sales, storage and/or wholesaling of the following:
(1)
Home and auto related fuels.
(2)
Nursery and garden materials and stock.
(3)
Contractor supplies.
(4)
Plumbing, heating, air conditioning, electrical and other structural
components of buildings.
E.
Bookbinding, printing and publishing operations.
F.
Machine shops.
27-78
G.
Repair shops for products permitted to be manufactured in this zone.
H.
Small engine repair shops.
I.
Welding shops.
J.
Sign makers.
K.
Offices.
L.
Public buildings and public utilities.
M.
Agricultural support businesses including:
(1)
Facilities for the commercial processing and warehousing of agricultural
products.
(2)
Facilities for the warehousing, sales and service of agricultural equipment, vehicles, feed or supplies.
(3)
Veterinary offices and animal hospitals.
N.
Vocational and mechanical trade schools.
O.
Recycling collection facilities as an accessory use, provided such facilities are
sufficiently enclosed to prevent the scattering of debris, the materials collected
are removed at regular intervals, the facility is posted to prohibit the disposal of
any material, good or furnishing that cannot be placed within the actual recycling bin, and the total size of the facility is less than three hundred (300)
square feet.
P.
Excavation contractor yards and shops.
V.
R. Accessory uses customarily incidental to the above permitted uses, including
accessory retail sales of products produced on-site, so long as the sales area is no
more than 10% of the total building area or three thousand (3,000) square feet,
whichever is less.
(Note: The above Section 208.2.O.-Q. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and Section 208.2.Q-R was amended
on August 7, 2001, by Ordinance No. 8-7-2001-2.)
A.
Mini-warehouses (see §446).
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B.
Automobile auctions and/or automobile storage compounds (see §406).
C.
Billboards (see §468).
D.
Heavy industrial uses involving processing, packaging, production, repair or
testing of materials, foods, goods and products, including those industries
performing conversion, assembly or nontoxic chemical operations (see
§438).
E.
Warehousing and wholesale trade establishments (see §467).
F.
Heavy equipment sales, service and repair such as excavation machinery, boats,
commercial trucks, buses, mobile homes, trailers, and other similar
machinery (see §437).
G.
Junkyards (see §443).
H.
Truck stops and/or motor freight terminal (see §465).
I.
Recycling stations for paper, plastic, glass, and metal products (see §455).
J.
Solid waste handling facilities (see §463).
K.
Convenience commercial centers (see §424).
L.
Spent mushroom compost processing and/or commercial mushroom operations
(see §464).
M.
Communication antennas, towers and equipment (see §423).
N.
Commercial stockyards or feedlots (see §422).
O.
Commercial produce operations (see §420).
P.
Off-track betting parlors (see §450).
Q.
Convention centers (see §426).
R.
Public transportation depots (see §452).
S. Slaughtering, processing, rendering, and packaging of products and by-products
produced from animal remains (see §462).
T. Churches (see §413).
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(Note: The above Section 208.3. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above Sections D-S were renumbered
by Ordinance 4-20-04-1.)
Conditional Uses
A. Retirement Housing (See §470)
B. Any of the uses permitted in Subsection 208.2 that contain more than two (2) acres in
lot area.
(Note: Section 208.4.B was added by Ordinance 4-20-04-1.)
Lot Area, Lot Coverage Requirements. See the following table:
Utilized
Public Utilities
Minimum
Lot Area
Minimum
Lot Width
Maximum
Lot Coverage
None
43,560 sq. ft.1
200 ft.
40%
1
Public Water
32,670 sq. ft.
150 ft.
50%
Public Sewer
20,000 sq. ft.
125 ft.
60%
Public Water
15,000 sq. ft.
100 ft.
70%
1
Minimum Setback Requirements (Principal and Accessory Uses).
A.
Front Yard Setback. All buildings, structures (except permitted signs), off-street
loading areas, dumpsters, outdoor storage areas and parking lots shall be set
back at least fifty (50) feet from any adjoining right-of-way.
B.
Side Yard Setbacks. All buildings, structures, (except permitted signs) dumpsters and off-street loading areas, shall be set back at least thirty (30) feet from
any side property line. All outdoor storage areas and off-street parking lots shall
be set back at least fifteen (15) feet from any side lot line, unless joint parking
lots and/or loading areas are shared by adjoining uses. In such instances, one of
the side yard setbacks can be waived solely for parking and/or loading facilities.
C.
Rear Yard Setback. All buildings, structures, dumpsters and off-street loading
areas shall be set back at least thirty-five (35) feet from any rear property line.
All outdoor storage areas and off-street parking lots shall be set back at least
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ZONING
twenty-five (25) feet from any rear lot lines.
D.
Residential Buffer Strip. Any use adjoining land within a residential zone, or
across a street from land within a residential zone, shall maintain a seventy-five
(75) foot setback for buildings, structures, dumpsters, outdoor storage areas, and
off-street loading areas from the residential zone. Off-street parking lots shall be
set back at least fifty (50) feet from adjoining residentially-zoned properties. All
of these setback areas shall be devoted to landscaping. (See §314).
(Note: The above Section 208.5.D. was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
E.
Accessory Recreation Uses. These facilities can be developed in any side or rear
yard to within fifty (50) feet of any property line.
Maximum Permitted Structural Height. The height of any principal or accessory
structure shall not exceed fifty (50) feet, except that chimneys, flagpoles, water tanks
and other mechanical appurtenances may be built to a height not exceeding seventyfive (75) feet above the finished grade when erected upon or as an integral part of a
building. All structures extending above fifty (50) feet from grade (except permitted
signs) shall be set back a distance at least equal to their height from all property lines.
(The above section was amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
Off-Street Loading. Off-street loading shall be provided as specified in §313 of this
Chapter. In addition, no off-street loading area shall be permitted on any side of a
building facing adjoining lands within a residential zone, nor any side of a building
facing an adjoining street.
Chapter.
Driveway and Access Drive Requirements. All driveways serving single-family
dwellings shall be in accordance with §310 of this Chapter. All access driveways
Screening. A visual screen must be provided along any lands adjoining a residential
zone, regardless of whether or not the residentially-zoned parcel is developed (see
§314 of this Chapter).
Landscaping.
A.
B.
A minimum twenty (20) foot wide landscape strip shall be provided along all
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Waste Products. Dumpsters may be permitted within the side or rear yard, provided
such dumpsters are screened from any adjoining streets or properties. All dumpsters
shall be set back a minimum of seventy-five (75) feet from any adjoining residentially-zoned properties. All waste receptacles shall be completely enclosed.
All uses permitted within this zone shall also comply with the general provisions in
Part 3 of this Chapter.
Industrial Operations Standards. All industrial operations shall be in compliance with
any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies.
Outdoor Storage. Within the (I) Zone, outdoor storage is permitted provided all outdoor storage areas are screened from adjoining streets and properties, and they comply
with all of those setbacks specifically imposed thereon, listed in this Section. Any
outdoor storage of goods or materials that exceeds six (6) feet in height shall be set
back no less than one hundred (100) feet from any nonindustrially-zoned property
and/or streets. (See §321 of this Chapter.)
All industrial uses must have approval from the Pennsylvania Department of Labor
and Industry prior to approval of building permit.
(Note: The above Section 208 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §208; Section 208.4.-17. renumbered on
February 2, 1999, by Ordinance No. 2-2-99-2. The above sections were renumbered on April 1, 2003, by Ordinance No. 4-1-03-1.)
§209.
FARM SUPPORT ZONE (FS).
Purpose. This zone intends to provide for scattered small scale
employment nodes throughout the Township's productive farmlands. These
nodes are specifically located to provide for conveniently accessible
supplemental employment opportunities for local farmers, so as to further
stabilize their commitment to farming. These zones, by nature, are relatively
small in size so that they do not overwhelm the surrounding rural landscape with
intensive industrial impacts. Finally, specific design standards have been
provided to protect nearby residential zones and farm dwellings.
Permitted Uses.
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A.
produce operations as defined herein, and horticultural uses subject to the
standards listed in Section 201 of this Chapter. Forestry uses subject to the
requirements of Section 325 of this Chapter.
B.
Single-family detached dwelling subject to the provisions listed in §201(5), (7)
and (12) of this Chapter.
C.
D.
Facilities for the processing of local agricultural products.
E.
Facilities for the warehousing, sales and service of agricultural machinery,
equipment, vehicles, feed, or supplies.
F.
Facilities for the storage and processing of agricultural wastes.
G.
Veterinary offices, animal hospitals, horse boarding stables and kennels.
H.
Retail sales of nursery and garden materials.
I.
Woodworking, cabinetmaking and furniture-making shops, not including retail
sales.
J.
Blacksmith and tool-sharpening shops.
K.
Carriage, buggy, wagon, and related appurtenances manufacturing sales and
services.
L.
Carpenters' and contractors' offices, shops and storage facilities.
M.
Metalworking shops.
N.
Arts and crafts manufacturing and wholesale sales.
O.
Manufacturing of finished textile products, shoes, hats, brushes, brooms and
hand tools.
P.
The production, storage and wholesale sales of fuels produced from agricultural
byproducts.
Q.
but not limited to, accessory day-care facilities.
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(Note: The above Section 209.2.Q. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
Special Exception Uses - (See §605(C).)
A.
Lot Area, Lot Width and Lot Coverage Requirements. See the following table:
Utilized
Public Utilities
Minimum
Lot Area
Minimum
Lot Width
Maximum
Lot Coverage
None
43,560 sq. ft.1
200 ft.
35%
Public Water
32,670 sq. ft.1
150 ft.
40%
Public Sewer
20,000 sq. ft.
125 ft.
45%
Public Water
15,000 sq. ft.
100 ft.
45%
1
A.
B.
Front Yard Setback. All buildings, structures (except permitted signs) and
outdoor loading areas shall be set back at least thirty-five (35) feet from the
street right-of-way; off-street parking lots and outdoor storage areas shall be set
back a minimum of twenty (20) feet from the street right-of-way.
Side Yard Setback. All buildings and structures (except permitted signs) shall be
set back at least twenty-five (25) feet from the side lot lines. Off-street parking
lots, loading areas and outdoor storage areas shall be set back at least fifteen (15)
feet from the side lot lines, unless joint parking facilities are shared by adjoining
uses. In such instances, one of the side yard setbacks can be waived solely for
parking and/or loading facilities.
C.
Rear Yard Setback. All buildings, structures, off-street lots, loading areas and
outdoor storage areas shall be set back at least twenty (20) feet from the rear lot
line.
D.
maintain a two hundred (200) foot setback for structures, off-street parking lots,
loading areas and outdoor storage areas, from the residentially-zoned parcels.
Furthermore, no part of any nonresidential or nonagricultural use shall be located with
two hundred (200) feet of any existing dwelling contained within the agricultural
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ZONING
zone, unless said dwelling is contained on the same lot as the proposed use.
Off-Street Loading. Off-street loading shall be provided as specified in
§313 of this Chapter. In addition, no off-street loading area shall be permitted
on any side of a building facing adjoining lands within a residential zone, nor
any side of a building facing an adjoining street.
Signs. Signs shall be as specified in §315 of this Chapter.
Driveway and Access Drive Requirements. All driveways serving
single-family dwellings shall be in accordance with §310 of this Chapter. All
access drives serving other uses shall be in accordance with §311 of this
Chapter. Any use that potentially involves the movement of vehicles through
mud and/or manure shall provide a paved apron of at least fifty (50) feet from
the street right-of-way. In addition, another fifty
(50) foot gravel section shall be located just beyond the paved apron. The owner and/
or operator shall be responsible for removing any mud from streets caused by persons
traveling to and from the site.
Landscaping.
A.
B.
A minimum fifteen (15) foot wide landscape strip shall be provided along all
yard, provided such dumpsters are screened from any adjoining streets or
properties. All dumpsters shall be set back a minimum of fifty (50) feet from
any adjoining properties. All waste receptacles shall be completely enclosed.
Commercial/Industrial Operations Standards. All commercial/industrial
operations
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shall be in compliance any Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from
these governmental bodies. (See §320 of this Chapter.)
Outdoor Storage. Within the (FS) Zone, outdoor storage is permitted, provided all
outdoor storage areas are located within the side and/or rear yard, are screened from
adjoining streets and properties, and they comply with all of those setbacks
specifically imposed thereon, listed in this Section. The outdoor storage areas for farm
equipment sales uses need not be screened from adjoining streets.
All commercial and industrial uses must have Pennsylvania Department of Labor and
Industry approval prior to building permit approval.
(Note: The above Section 209 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §209; on December 17, 1996, by Ordinance No. 12-17-1996-2, §11.)
§210.
QUARRY ZONE (Q).
Purpose. The purpose of this zone is to reserve appropriate areas of the
Township for quarrying and processing of quarry raw materials; to provide
reasonable standards for quarry operations in order to prevent conditions
which would interfere with the enjoyment or use of other properties; to allow
uses of a temporary nature in locations premature for quarrying.
Permitted Uses. All permitted uses within this zone are subject to the applicable design
standards listed in §201 of this Chapter.
A.
standards listed in Section 201 of this Chapter. Forestry uses subject to the
requirements of Section 325 of this Chapter.
B.
Public and nonprofit parks and playgrounds.
C.
Public utilities.
Conditional Uses (See §705).
A.
Quarries and other extractive related uses (see §454).
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ZONING
Maximum Permitted Structural Height. The height of any principal or accessory
structure shall not exceed forty (40) feet, except that chimneys, flagpoles, water tanks
and other mechanical appurtenances may be built to a height not exceed seventy-five
(75) feet above the finished grade when erected upon or as an integral part of a
building. All structures extending above forty (40) feet from grade shall be set back a
distance at least equal to their height from all property lines.
Off-Street Loading. Off-street loading shall be provided as specified in §313 of this
Chapter. In addition, no off-street loading area shall be permitted on any side of a
building facing adjoining lands within a residential zone, nor any side of a building
facing an adjoining street.
Chapter.
Driveway and Access Drive Requirements. All driveways serving single-family
dwelling shall be in accordance with §310 of this Chapter. All access driveways
Landscaping. Any portion of the site not used for buildings, structures, parking lots,
loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See §314 of this Chapter.)
Waste Products. Dumpsters may be permitted within the side or rear yard, provided
such dumpsters are screened from any adjoining streets or properties. All dumpsters
shall be set back a minimum of one hundred (100) feet from any adjoining properties.
All waste receptacles shall be completely enclosed.
All uses permitted within this zone shall also comply with the general provisions in
Industrial Operations Standards. All industrial operations shall be in compliance with any
Commonwealth of Pennsylvania and/or Federal government regulations, as required by the most recent regulations made available from these governmental bodies.
All quarry buildings shall have approval from the Pennsylvania Department of Labor
and Industry prior to building permit approval.
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§211.
OPEN SPACE ZONE (OS).
Purpose. This zone seeks to protect environmentally-sensitive areas of the
Township that also have significant value for passive active recreation
pursuits. Specifically, forested areas, steep slopes, stream and creek valleys,
lakes and floodplains are included. Permitted uses within this zone
encourage the most appropriate conservation/recreation activities for these
areas; however, some forms of development are allowed under prescribed
criteria.
Permitted Uses.
A.
B.
Public and/or nonprofit activities related to the preservation and conservation of
natural historical and/or archaeological resources.
C.
standards listed in §201 of this Chapter. Forestry uses subject to the
requirements of Section 325 of this Chapter. Furthermore, any agricultural,
horticultural or forestry related uses which involve the disturbance of land, or
the commercial harvesting or timbering of vegetation shall require the
obtainment of an approved conservation plan by the Lancaster County Conservation District. All on-site activities shall then be in compliance with the
approved conservation plan.
(Note: The above Section 211.2.C. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and on August 7, 2001, by
D.
Public utilities structures.
E.
Single-family detached dwellings, if constructed within two hundred and fifty
(250) feet of any State or Township street which existed on or before July 15,
1975.
(Note: The above Section 211.2.E. was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
F.
G.
Greenhouses, provided no retail sales is permitted.
Accessory Uses (excluding dwelling units) customarily incidental to the above
permitted uses including, but not limited to, the following:
(1)
(a)
Any structure used to display such goods shall be less than two
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ZONING
hundred and fifty (250) square fee in size, and be located at least
fifty (50) feet from any side or rear property line.
(2)
(b)
(c)
(d)
Any signs used shall be attached to the roadside stand structure
and shall not exceed five (5) square feet in total area.
(e)
(a)
with the guidelines outlined in the publication Manure
Management for Environmental Protection, Bureau of Water
Quality Management Publication No. 43, and any revisions,
supplements and replacements thereof, published by the
Pennsylvania Department of Environmental Protection, copies of
which are available from the Water Quality Management in the
Department of Environmental Protection Regional Offices
located at 1 Ararat Boulevard, Harrisburg, PA 17110, telephone
(717)783-2300.
(Note: The above 211.2.H.(2)(a) was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
(b)
All waste storage facilities’ designs shall be reviewed by the
Lancaster County Conservation District. The applicant shall
furnish a letter from the Conservation District attesting to
approval of the design of the proposed facility.
(c)
Lancaster County Conservation District.
(3)
(4)
(a)
It shall be the duty of the applicant to maintain each colony so as
to not create a public nuisance.
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(b)
(c)
protection.
(d)
line.
(e)
shall furnish a water-filled tank with a board or crushed rock for
(f)
Hives shall not be oriented to
(g)
(5)
children’s
play areas
or
not exceed 1500 square feet.
The above section (5) was amended by Ordinance 6-19-07-1.
(Note: The above Section 211.2.H.. was amended on February 2, 1999, by Ordinance No. 2-2-99-2 and Section 211.2.H was
amended on October 3, 2000, by Ordinance No. 10-3-00-1.)
Special Exception Uses (Subject to the procedures presented in
§605(C) of this Chapter).
A.
Campgrounds (see §411).
B.
Communications towers and antennas (see §423).
C.
Churches and Related Uses (see §413).
D.
Clubhouses for private clubs (see §414).
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ZONING
E.
Commercial hog operations on farms created prior to February 1, 1993.
(Note: The above Section 211.3.E. was amended on January 19, 1993, by Ordinance No. 1-19-1993-4.)
F.
Commercial poultry operations on farms created prior to February 1, 1993.
(Note: The above Section 211.3.F. was amended on January 19, 1993, by Ordinance No. 1-19-1993-4.)
G.
ECHO housing, if located within two hundred and fifty (250) feet of any State or
Township street which existed on or before July 15, 1975.
(Note: The above Section 211.3.G. was amended on May 7, 1996, by Ordinance No. 5-7-1996-1 and revised on February 15,
2000, by Ordinance No. 2-15-00-3.)
H.
(Note: The above Section 211.3.H. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
I.
(Note: The above Section 211.3.I. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
J.
(Note: The above Section 211.3.J. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
K.
Shooting ranges (see §459).
(Note: The above Section 211.3.K. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
L.
(Note: The above Section 211.3.L. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
M.
(Note: The above Section 211.3.M. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
N.
Riding schools and/or horse boarding stables (see §456).
(Note: The above Section 211.3.N. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
O.
Sawmills (see §458).
(Note: The above Section 211.3.O. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2.)
P.
Farm occupations (see §432).
(Note: The above Section 211.3.P. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2, and relettered on
Q. Residential accessory buildings, including but not limited to private garages,
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(Note: The above Section 211.3.Q was amended on October 3, 2000, by Ordinance No. 10-3-00-1. Section 211.3Q was
amended by Ordinance 4-20-04-1.) The above section (Q) was amended by Ordinance 6-19-07-1.
R. Accessory Uses (excluding dwelling units) customarily incidental to the above
special exception uses.
S. Nursing, rest or retirement homes (see Section 449)
T. Stables and Kennels (see §444)
(Note: The above section was added by Ordinance No. 4-20-04-1.)
Minimum Yard
Minimum
Lot Area3
Use
Agricultural, Horticultural
and Forestry Uses2
Single-Family Detached
Dwellings
10 acres
Minimum
Lot Width1
Maximum
Lot Coverage
Front
One Side
200 ft.
10%
50 ft.
50 ft.
1 acre
Both Sides
100 ft.
150 ft.
20%
50 ft.
25 ft.
Rear
50 ft.
50 ft.
50 ft.
Sawmills
10 acres
500 ft.
20%
200 ft.
200 ft.
400 ft.
200 ft.
Campgrounds
10 acres
200 ft.
20%
50 ft.
50 ft.
100 ft.
50 ft.
Stables and Kennels
10 acres
500 ft.
20%
200 ft.
200 ft.
400 ft.
200 ft.
Other Principal Uses
1 acre
150 ft.
20%
50 ft.
50 ft.
100 ft.
50 ft.
Accessory Uses
NA
NA
Same as principal use
Not
Permitted
10 ft.
10 ft.
10 ft.
1
Lot width shall be measured at the building setback line.
2
Buildings housing livestock and poultry shall be set back no less than two hundred (200) feet from any adjoining property or streets and five hundred
(500) feet from any residentially-zoned property.
3
All uses relying on on-lot sewers must comply with §317 of this Chapter.
(Note: The above Section 211.4. was amended on February 6, 1996, by Ordinance No. 2-6-1996-3; renumbered on February 2, 1999, by
Ordinance No. 2-2-99-2; and the above footnote 2 was revised on February 15, 2000, by Ordinance No. 2-15-00-3. The above chart was
amended on April 1, 2003, by Ordinance 4-1-03-1.)
A.
Nonfarm Accessory Buildings and Structures. Eighteen (18) feet for all
buildings and structures other than detached private garages and horse and
carriage barns. A private garage or horse and carriage barn shall meet the
requirements of Section 302.9.
The above section (A) was amended by Ordinance 6-19-07-1.
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B.
Other structures, thirty (30) feet.
All uses must comply with all applicable general provisions listed in
(Note: The above Section 211 was amended on November 20, 1990, by Ordinance No.11-20-1990, §211; on January 19, 1993, by
Ordinance No. 1-19-1993-4, §1; on February 6, 1996, by Ordinance No. 2-6-1996-3, §§1-3; on May 7, 1996, by Ordinance No. 5-7-1996-1,
§2; and on December 17, 1996, by Ordinance No. 12-17-1996-2, §§13,14. Section 211.7 was amended by Ordinance 4-20-04-1.)
§212.
FLOODPLAIN ZONE (FP).
Purpose and Intent.
A.
The FP - Floodplain Zone includes the areas of Salisbury Township which are
subject to periodic inundation by floodwaters. This inundation results in loss of
life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection
and relief, impairment of the tax base and other adverse effects on the public
health, safety and general welfare.
B.
In the interest of public health, safety and welfare the regulations of the FP Floodplain Zone are designed and intended to protect floodplain areas subject to
and necessary for floodwaters, to permit and encourage the retention of open
land uses so located and utilized as to constitute a harmonious and appropriate
part of the physical development of Salisbury Township as provided for in the
Salisbury Township Comprehensive Plan, and to guide incompatible development into more appropriate zones.
C.
In advancing these principles and the general purposes of this Chapter and the
Salisbury Township Comprehensive Plan, and as a supplement to §111 of this
Chapter, the specific intent of this district includes the following:
(1)
To combine with present regulations, certain restrictions necessary for
the control of floodplains for the general health, safety and welfare of the
community.
(2)
To prevent the erection of structures in areas unfit for human usage by
reason of danger from flooding.
(3)
To minimize danger to public health by protecting water quality and
promoting safe and sanitary drainage.
(4)
To control development which, acting alone or in combination with
similar development, will create and impose additional unjustified
burdens on the community, its governmental units, and its individuals for
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the costs of flood control works, rescue, relief, emergency preparedness
measures, sandbagging, pumping and temporary dikes or levees, as well
as business interruptions, factory closing, disruptions of transportation
routes and interference with utility services, as well as other factors that
result on loss of wages, sales and production and generally affect the
economic well-being of the community.
(5)
To maintain a stable tax base through the preservation or enhancement
of property values adjacent to the floodplain, as well as by preventing the
creation of future flood blighted areas on floodplains.
(6)
To permit certain uses which can appropriately be located in the floodplain as herein defined without impeding the flow of floodwaters or
otherwise causing danger or damage to life or property at, above or
below their locations in the floodplain.
(7)
To permit certain uses in the floodplain in ways that preserve natural
conditions conducive to the maintenance of ecological balance, wildlife
and productive wildlife habitat, marine life and productive marine
habitat, other healthy biotic systems, scenic and natural values, constant
rates of water flow throughout the year and areas for groundwater
absorption for sustaining the subsurface water supply.
(8)
To provide sufficient unimpeded drainage courses and prohibit the
restriction of their carrying capacities so as to safely carry abnormal
flows of storm water from periods of heavy precipitation.
(9)
To encourage the utilization of appropriate construction practices which
will minimize flood damage in the future.
(10)
To prevent the placement of materials which might be swept by floods
onto other lands or downstream to the injury of others.
(11)
To provide for public awareness of flooding potential and to discourage
and protect unwary individuals from buying land and structures which
are unsuited for intended purposes because of flood hazards.
(12)
To regulate uses, activities, development and structures which, acting
alone or in combination with existing or future uses, activities, development or structures, will cause increases in flood heights, velocities and
frequencies.
(13)
To provide areas for the deposition of sediment.
(14) To protect people and property in other municipalities within the same
watershed from the impact of improper development in floodplains and the
consequent increased potential for flooding.
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Lands in Zone Defined.
A.
The FP - Floodplain Zone is hereby defined to include all the following lands
within Salisbury Township:
(1)
The identified floodplain area shall be those areas of Salisbury
Township, Lancaster County, which are subject to the one hundred
(100) year flood, as identified in the Flood Insurance Study (FIS) dated
April 19, 2005, and the accompanying maps as prepared by the Federal
Emergency Management Agency (FEMA), or the most recent revision
thereof.
Note: The above section was amended by Ordinance 4-19-05-1.
(2)
All land within the 100 year flood boundaries of all watercourses including, but not limited to, all land which is so identified by the United
States Geological Survey or the United States Army Corps of Engineers.
(3)
All alluvial soils as indicated by the United States Department of Agriculture's Soil Conservation Service in maps and data comprising the
latest version of the "Soil Survey of Lancaster County, Pennsylvania."
These soils include the following:
Bo - Bowmansville silt loam
Cm - Comus silt loam
Hg - Holly silt loam
Lg - Linden silt loam
Ln - Lindside silt loam
Nc - Newark silt loam
Nd - Newark silt loam
Ne - Nollin silt loam
Rd - Rowland silt loam
B.
(4)
All land which has been flooded by floods of record.
(5)
All additional land delineated as follows in subsection (2)(B).
Where the complete and definitive information necessary to delineate the
boundary of the FP - Floodplain Zone is not available to the Zoning Officer in
his consideration of an application for a permit, he shall require such on-site
studies and/or surveys to be made as are necessary to fix the precise boundaries
of the FP - Floodplain Zone as defined above. Such studies and surveys shall be
signed, sealed and certified by a licensed professional registered by the Commonwealth of Pennsylvania to perform such studies and surveys. Such certification shall acknowledge the accuracy of the study or survey and the qualification
of the individual to perform such study or survey. Copies of such studies and
surveys shall be submitted by the Zoning Officer to the Salisbury Township
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Engineer and the United States Department of Agriculture's Soil Conservation
Service, who shall have 30 days to comment. Any property owner whose
property is so studied and/or surveyed to justify an application for a permit shall
pay all costs of these studies and surveys, except for work done under retainer to
or on behalf of Salisbury Township.
Boundary Disputes.
A.
Should a dispute concerning any boundary of the FP - Floodplain Zone arise, the
initial determination of the Zoning Officer may be appealed to the Zoning
Hearing Board in accordance with §605(F) of this Chapter. The burden of proof
in such an appeal shall be on the property owner and all hearings and procedures
shall follow the requirements of §604 of this Chapter.
B.
All changes to the boundaries of the FP - Floodplain Zone which affect areas
identified in §212.3.1. of this Chapter are subject to the review and approval of
the Federal Insurance Administrator for compliance with the rules and
regulations of the National Flood Insurance Program as defined by the Federal
Emergency Management Agency (FEMA) regulations. (This section was amended by
Ordinance 4-19-05-1)
Relationship to Other Sections. The provisions of this Section create
an overlay zoning district which is applicable within floodplains in all other
zoning districts established by this Chapter. To the extent the provisions of this
Section are applicable and more restrictive, they shall supersede conflicting
provisions within all other sections of this Chapter and all other ordinances of
Salisbury Township. However, all other provisions of all other Parts of this
Chapter and all other ordinances of Salisbury Township shall remain in full
force.
Permitted Uses. The following uses are permitted only if done under
and in accordance with the provisions of the Clean Streams Law of
Pennsylvania, Act 394 of 1937, as amended; the rules and regulations of
the Pennsylvania Department of Environmental Protection; subsections (8)
and (10) of this Section; and all other applicable provisions of this Chapter.
(Note: The above 212.5. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
A.
Agriculture, horticulture and forestry, all excluding any structures and excluding
any grading or filling which would cause any increase in flood heights or
frequency. Forestry uses subject to the requirements of Section 325 of this
Chapter.
(Note: The above Section 212.5.A was amended on August 7, 2001, by Ordinance No. 8-7-2001-2.)
B.
Erosion and sedimentation control measures, facilities and structures, provided
no increase in flood heights or frequency, unhealthful ponding or other unsanitary conditions shall occur.
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C.
D.
Harvesting of any wild crop, such as marsh hay, ferns, moss, berries, tree fruits
and seeds, or wild rice, excluding any plants appearing on the latest edition of
the United States List of Endangered and Threatened Plan Species maintained
by the United States Fish and Wildlife Service.
E.
Activities related to the preservation of natural amenities, including wildlife
sanctuaries, nature preserves, woodland preserves, botanical gardens or arboretums, excluding any structures and excluding any grading or filling which
would cause any increase in flood heights or frequency.
F.
Open space and front, side or rear yards required by other Parts of this Chapter.
Floodplain land may be used to meet minimum open space yard and lot area
requirements, provided that the purpose and intent of this Part as set forth in
subsection (1), together with the requirements of any other pertinent municipal
regulations, is complied with; if such compliance cannot be shown, the land
areas within the FP - Floodplain Zone shall not be used or calculated for purposes of meeting lot open space, area or yard requirements.
G.
Stream improvements whose sole purpose is to improve aquatic life habitat and
which are approved by the Pennsylvania Fish Commission and reviewed by the
Lancaster County Conservation District, and subject to the provisions of
subsection (10)(B) of this Section.
H.
One- or two-strand fences.
I.
Picnic tables, park benches, fireplaces and grills, and playground equipment, all
if anchored to prevent flotation.
J.
Blinds for the shooting or observation of wildlife, provided that such blinds may
only be placed, erected and maintained during the open season established by
the Pennsylvania Game Commission for the taking of migratory waterfowl and
the 3 weeks immediately preceding and 3 weeks immediately following the
open season. Blinds must be removed during all other times of the year.
K.
L.
Public and private recreational uses such as parks, play areas, picnic groves,
lawns, gardens, golf courses, driving ranges, archery ranges, game farms,
paved bicycle paths and hiking and horseback trails, all excluding any
structures, and excluding any grading or filling which would cause any
increase in flood heights or frequency.
Circuses, carnivals and similar transient enterprises, provided that natural
vegetative ground cover is not destroyed, removed or covered in such a
way as to create erosion or sedimentation.
Farm ponds which are constructed in accordance with a conservation plan
reviewed by the Lancaster County Conservation District and which do not create
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any increase in flood heights and frequency, and subject to the provisions of
subsection (10)(B)(3) of this Section.
M.
Floodproofing and flood hazard reduction structures to protect only lawfully
existing and registered nonconforming uses within structures.
N.
Public utility facilities (except buildings) under the exclusive jurisdiction of the
Pennsylvania Public Utility Commission and specifically exempted from control
by this Chapter, subject to the provisions subsection (11).
O.
Facilities such as pipelines, gas lines, storm sewers, sanitary sewers, water lines,
outlet installations for sewage treatment plants, sealed public and private water
supply wells, pumping stations and underground communication facilities shall,
together with associated structures, but excepting necessary vents, be designed
and installed underground so as to be at or below the existing natural surface
grade within the floodplain, and in such a manner as will prevent flotation,
minimize or eliminate flood damage, and not alter the cross-sectional area of the
floodplain. All new or replacement water supply facilities and/or sanitary
sewage facilities shall be designed to minimize or eliminate infiltration of floodwaters into the facilities and discharges from the facilities into floodwaters. All
gas lines shall have a system of shut-off valves for service to the FP - Floodplain
Zone to allow positive control during flood emergencies.
P.
Marker buoys.
Special Exception Uses.
A.
The following uses are permitted in the FP - Floodplain Zone only when special
exceptions are granted by the Zoning Hearing Board as provided for herein and
in Part 6, when permitted by the underlying zone as permitted uses or special
exception uses, and when done under and in accordance with the provisions of
the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended, the rules
and regulations of the Pennsylvania Department of Environmental Protection,
and all other provisions of this Chapter:
(Note: The above 212.6. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
(1)
Parking lots, loading areas, driveways and aircraft landing strips and
taxiways, if they are water-permeably surfaced, and if they are consistent
with the provisions of subsection (8)(R) of this Section, except that
parking lots designed or used for storage and parking lots for hotels,
motels and other transient lodgings are prohibited.
(2)
Public utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission, subject to the following conditions:
(a)
Electrical distribution lines and supporting structures shall be installed so as to
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minimize or eliminate flood damage, and all lines of less than 15 kilovolts shall be installed underground, below the
existing natural surface grade within the floodplain. Electrical distribution and transmission lines of 15 kilovolts or
more may be allowed above ground as a special exception, provided they are certified by a licensed professional
engineer registered by the Commonwealth of Pennsylvania as meeting all of the following standards:
(i)
Above ground lines and supporting structures shall enter
the FP -Floodplain Zone only to cross a watercourse,
shall cross the watercourse and the FP - Floodplain Zone
using the most direct and shortest route possible consistent with the goals, objectives, purposes and intents of
this Chapter, shall make the minimum number of
crossings necessary, and shall be designed and installed
so as to minimize or eliminate flood damage.
(ii)
Aboveground lines shall be elevated so that their lowest
portions are a minimum of ten (10) feet above the maximum flood elevation.
(iii)
Supporting structures for above ground lines within the
FP - Floodplain Zone shall be the minimum number
necessary to carry the lines across the FP Floodplain
Zone. Supporting structures shall be designed and installed so as to be able to withstand the maximum
volume, velocity and force of floodwaters which can be
expected at the point where they are located.
(iv)
Facilities and services in the FP - Floodplain Zone shall
be designed so that flood damage within the zone does
not disrupt service outside the zone.
(v)
Fish hatcheries, including uncovered ponds and raceways, which are approved by the Pennsylvania Fish
Commission, but excluding other structures.
(vi)
Culverts, bridges and approaches to private culverts and
bridges which meet all the following conditions:
1)
Review and/or approval by the Lancaster County
Planning Commission, if required.
2)
Approval by the Susquehanna River Basin Commission, if required.
3)
Approval by the Pennsylvania Department of Environmental Protection, if required.
(Note: The above 212.6.A.(2)(a)(vi)3) was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
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B.
4)
Approval by the United States Army Corps of
Engineers, if required.
5)
Approval by the Pennsylvania Department of
Transportation (PA DOT), if required.
6)
If approval by PA DOT is not required, the proposed use must still meet all of the appropriate
minimum design standards of PA DOT.
7)
The proposed structure must be designed in such
a way as to have the capacity to allow the unrestricted passage of waters of maximum flood elevation below and through it without any upstream
or downstream increase in water surface
elevation.
Standards and Criteria for Special Exceptions. In addition to the provisions of
Part 6, exceptions to be granted or denied under the provisions of this Part, the
Zoning Hearing Board shall also determine that the following standards and
criteria have been complied with:
(1)
That danger to life and property due to increased flood heights, velocities
or frequencies caused by encroachments, is minimized.
(2)
That the danger that floodwaters or materials may be swept onto other
lands or downstream to cause injury to other is minimized.
(3)
That the possibility of disease, contamination and unsanitary conditions,
is minimized and especially that any proposed water supply or sanitation
systems are able to prevent these problems.
(4)
That the susceptibility of the proposed facility and its contents to flood
damage, the effect of such damage on the individual owners, and the
need for an effect of floodproofing are minimized.
(5)
That the proposed use is compatible with existing and anticipated development.
(6)
That the proposed use is consistent with the Salisbury Township Comprehensive Plan and any floodplain management program for the area.
(7)
That the safety of access to the property in times of flooding for ordinary
and emergency vehicles is assured.
(8)
That the expected area, height, depth, velocity, pressure, frequency, dur27-101
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ation, rate of rise, seasonality and sediment, debris and pollutant load of
floodwaters expected at the site is not inconsistent with the proposed
use.
C.
(9)
That the proposed activity will not unduly alter natural water flow or
water temperature.
(10)
That archaeological or historic sites or structures, endangered or threatened species of animals or plants, high quality wildlife habitats, scarce
vegetation types and other irreplaceable land uses will not be degraded
or destroyed.
(11)
That the natural scenic, and aesthetic values at the proposed site will be
conserved.
(12)
That the danger, damage and injury to all adjoining properties on both
sides of any watercourse, regardless of municipality, is minimized. In
this regard, any proposal affecting an adjacent municipality shall be submitted to that municipality's planning commission and governing body
for review and comment.
(13)
That the granting of the special exception will not result in any of the
following:
Increases in flood heights.
(b)
Additional threats to public safety.
(c)
Extraordinary public expense.
(d)
Creation of nuisances.
(e)
Fraud or victimization of the public.
(f)
Conflict with local laws or ordinances.
In hearing and deciding upon special exceptions to be granted or denied under
the provisions of this Section, the burden of proof shall be on the applicant. The
Zoning Hearing Board may require the applicant to submit such plans, specifications and other information as it may deem necessary to assist it in arriving at a
fair and impartial determination. Such required information may include, but is
not limited to, the following:
(1)
(a)
Plans drawn to scale showing the nature, location, dimensions and
elevations of the lot, existing or proposed structures, fill, storage of
materials, floodproofing measures and the relationship of the above to
the location of the channel.
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(2)
A typical valley cross-section showing the channel of the watercourse,
elevations of land areas adjoining each side of the channel, crosssectional areas to be occupied by the proposed development and high
water information.
(3)
A plan (surface view) showing elevations or contours of the ground;
pertinent structure, fill or storage elevations; size, location and spatial
arrangement of all proposed and existing structures on the site; location
and elevations of streets, water supply facilities and sanitary facilities;
photographs showing existing land uses and vegetation upstream and
downstream; soil types; and other pertinent information.
(4)
A profile showing the slope of the bottom of the channel of flow line of
the watercourse.
(5)
Specifications for building construction and materials, floodproofing,
filling dredging, grading, channel improvement, storage of materials,
water supply facilities and sanitary facilities.
D.
In granting any special exception, the Zoning Hearing Board may attach such
reasonable conditions and safeguards, in addition to those expressed in this
Chapter, as it may deem necessary to implement the purposes of this Chapter.
E.
In hearing and deciding upon special exceptions and in accordance with §604(8)
of this Chapter, the Zoning Hearing Board may solicit the comments and
recommendations of the Salisbury Township Planning Commission, and any
other experts or authorities it may deem necessary to assist it in arriving at a fair
and impartial determination.
Variances. Variances from the provisions of this Section are discouraged. Where,
however, a variance is essential, the following requirements of the National Flood
Insurance Program must be complied with in addition to all other variance provisions
of this Chapter and the Pennsylvania Municipalities Planning Code, Act 247 of 1968,
as amended. In all variance proceedings the burden of proof shall be on the applicant.
A.
B.
No variance shall be granted for any development, structure, use or activity
within the FP - Floodplain Zone which would cause any increase in
flood levels during the 100 year flood as defined by subsection (2)(A)(1)
of this Section.
Variances shall only be granted upon:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant.
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(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances or conflict with any other applicable
laws, ordinances or regulations.
(4)
A determination that the granting of a variance will not jeopardize Salisbury Township's participation in the National Flood Insurance Program
as defined by the Federal Emergency Management Agency (FEMA).
(The above section was amended by Ordinance 4-19-05-1).
C.
Variances shall only be granted upon determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
D.
Whenever a variance is granted, the Board shall notify the applicant in writing
that:
(1)
The granting of the variance may result in increased premium rates for
flood insurance.
(2)
Such variance may increase the risks to life and property.
E.
The applicant shall be required to submit that information necessary to demonstrate the need for and appropriateness of any variances. Such information may
include any of those items listed in subsection (6)(C) of this Section.
F.
In granting any variance, the Zoning Hearing Board may attach such reasonable
conditions and safeguards, as it may deem necessary to implement the purposes
of this Chapter.
G.
A complete record of all variance requests and actions, including justifications
for granted variances, shall be maintained by the Board.
Prohibited Uses. The following uses are prohibited in the FP - Floodplain
Zone:
A.
All uses prohibited either expressly or implicitly in the underlying zoning
district for the land in question.
B.
All structures, with the exception of those specifically allowed in subsections (5)
and (6) of this Section.
C.
Sanitary landfills, dumps, junk and salvage yards and outdoor storage of
vehicles and/or materials.
D.
Placing, depositing or dumping any spoil, fill or solid waste, except such
grading or filling necessary to accomplish and carry out those uses permitted in
subsections (5) and (6) of this Section; provided, however, that no grading or
filling is permitted which would cause any increase in flood heights or
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frequency.
E.
Removal of topsoil, excluding sod production and nursery activities as allowed
in subsections (5) and (6) of this Section, and excluding such grading or filling
necessary to accomplish and carry out those uses which are permitted in
subsections (5) and (6) of this Section; provided, however, that no grading or
filling is permitted which would cause any increase in flood heights or
frequency.
F.
Damming or relocation of any watercourse, except as provided for in subsections (5) and (6) of this Section.
G.
Any parts of on-site sewage disposal systems.
H.
Swimming pools.
I.
Fences, except one or two strand fences.
J.
Stockpiling, storage or disposal of buoyant materials, logging slash, herbicides,
pesticides, domestic or industrial waste, radioactive materials, petroleum or
other flammable materials, explosives, poisonous materials, hazardous materials
or other material which, if flooded, would pollute the watercourse or be
injurious to human, animal or plant life.
K.
Cemeteries for humans or animals.
L.
Any new or substantially improved structure which will be used for the
production or storage of any of the following materials or substances, or which
will be used for any activity requiring the maintenance of a supply (more than
550 gallons or other comparable volume, or any amount of radioactive substances) of any of the following materials or substances on the premises: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine,
hydrochloric acid, hydrocyanic acid, magnesium, nitric acid, and oxides of
nitrogen, petroleum products (gasoline, fuel oil, etc.) phosphorus, potassium,
sodium, sulphur and sulphur products, pesticides (including insecticides,
fungicides and rodenticides) radioactive substances, insofar as such substances
are not otherwise regulated, and other substances defined as hazardous waste
under §75.261, Chapter 75, Title 25 of the Pennsylvania Code DEP's Hazardous
Waste Management Regulations).
(Note: The above 212.8.L. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
M.
Manufactured home parks. (This was amended by Ordinance 4-19-05-1)
N.
Hospitals, nursing homes and jails.
O.
Feedlots.
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P.
Zoo, menagerie, wild animal farm or domestic or farm animal enclosures which
will not allow all animals to escape floodwaters of maximum flood elevation
without human intervention while remaining safely confined.
Q.
The floodproofing of new residential structures, as an exception from the
elevation requirement.
R.
Any development, structure or use which may, whether alone or in combination
with others, and except where specifically authorized elsewhere in this Part:
(1)
Endanger human life.
(2)
Obstruct, impede, retard, change or increase the velocity, direction or
flow of floodwaters.
(3)
Increase the surface elevations of floods or the frequency of floods.
(4)
Catch or collect debris carried by floodwaters.
(5)
Be placed where the natural flow of the stream or floodwaters would
carry it downstream to the damage or detriment of property within or
adjacent to the FP - Floodplain Zone.
(6)
Degrade the water carrying capacity of any watercourse, channel or
floodplain.
(7)
Increase the rate of local runoff, erosion or sedimentation.
(8)
Degrade the quality of surface water or the quality or quantity of ground
water.
(9)
Be susceptible to flotation and subsequent movement which would
cause damage to other property.
(10) Not be in harmony with the intent and purpose of this Section, as set
forth in subsection (1) of this Section.
S. Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (including basement) which
will be used solely for the parking of a vehicle, building access, or
incidental storage in an area other than a basement, shall be designed and
constructed to allow for the automatic entry and exit of floor waters for
the purpose of equalizing hydrostatic forces on exterior walls. The Term
‘partially enclosed space’ also includes crawl spaces.
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Designs for meeting this requirement must either be certified by a
registered professional engineer or architect, or meet or exceed the
following minimum criteria:
(a)
a minimum of two opening having a net total area of not less
than one (1) square inch for every square foot of enclosed space.
(b)
the bottom of all openings shall be no higher than one (1) foot
above grade.
(c)
openings may be equipped with screens, louvers, etc. or other
coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
(Note: The above section was amended by Ordinance 4-19-05-1).
Nonconforming Uses and Structures in the FP - Floodplain Zone.
A.
Continuation. All uses or structures lawfully existing in the FP - Floodplain
Zone on the effective date of this Section which are not in conformity with the
provisions of this Section shall be deemed nonconforming uses or structures.
Such nonconforming uses or structures may be continued, maintained, repaired
and floodproofed, except as otherwise provided for in this Section. However,
such nonconforming uses or structures may at any time be improved to comply
with existing Pennsylvania or Salisbury Township health, sanitary or safety code
specifications which are necessary solely to assure safe living conditions.
B.
Abandonment. Nonconforming uses or structures which have been discontinued or vacated for 12 consecutive months shall be considered abandoned.
Vacation of land or structures or the nonoperative status of the use normally
carried on by the property shall be evidence of discontinuance. No abandoned
use or structure may be reestablished, repaired or reoccupied. The Supervisors
may require the removal of any abandoned nonconforming use or structure upon
prior notice to the owner of the property on which an abandoned nonconforming
use or structure exists. If the owner has not completely removed the abandoned
use or structure within a reasonable amount of time, not to exceed 9 months, the
Supervisors shall have the authority to cause the removal to be accomplished,
the costs of such removal to be paid by the property owner.
C.
Expansion and Modification. A nonconforming use or structure may not be expanded or modified in any manner which would increase or aggravate flooding
or flood hazards. Nothing shall be done which would otherwise violate any of
the provisions of this Section. No nonconforming use or structure shall be expanded, enlarged or altered in any way which increases its nonconformity with
respect to height, area, yard and other requirements established in other Sections
of this Chapter, nor in any way which causes it to occupy more space within the
FP - Floodplain Zone than was occupied by it on the effective date of this
Section.
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D.
Replacement and Rebuilding.
(1)
(2)
(3)
E.
A nonconforming use or structure may be replaced, repaired or rebuilt if
it is damaged or destroyed by any means, including floods, to the extent
of less than 50% of its fair market value at the time of its damage or
destruction. In such a case, however, the nonconformity of the new use
or structure with respect to requirements as expressed in provisions of
this Chapter shall not exceed that of the original use or structure which
was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this Section.
A nonconforming use or structure which has been damaged or destroyed
by any means, including floods, to the extent of 50% or more of its fair
market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved or rebuilt in any way
other than in complete conformity and full compliance with the provisions of this Section, all other Sections of this Chapter, and all other
ordinances of Salisbury Township. The Zoning Hearing Board may
waive as a special exception, the requirements of this subsection where it
is shown that such requirements could not be met on land owned by the
appellant or where such requirements would impose undue hardship to
the appellant in the efficient operation of the premises. In such a case,
the Zoning Hearing Board shall be authorized to grant only the
minimum relief necessary, and the least modification possible of the
provisions of this Section, while respecting and maintaining the purposes and intents of this Section.
The Zoning Officer shall have the initial responsibility of determining
the percent of damage or destruction and the fair market value of the
damaged or destroyed use or structure at the time of its damage or
destruction, and may call on any experts or authorities he may deem
necessary to assist him in arriving at a fair and impartial determination.
Appeals of the decision of the Zoning officer may be made to the Zoning
Hearing Board.
Historic Structures. The Zoning Hearing Board shall have the right to waive, as
a special exception, any of the requirements of this Section and subsection (10)
of this Section for any structure listed on the National Register of Historic Places
or the Pennsylvania Register of Historic Sites and Landmarks, and the
provisions of subsections (6)(B), (6)(C) and (6)(D) if this Section shall be
applied in such a case.
Design and Performance Standards.
A.
Applicability. Unless otherwise specified in this Section, the standards and criteria included in this Section are to be used, together with the provisions of all
other Sections and all other ordinances in force in Salisbury Township by the
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Zoning Officer and Zoning Hearing Board in their administration of this
Section.
B.
Regulations and Reviews by Other Agencies.
(1)
Where applicable and where possible, all necessary permits or other
written approvals must be obtained form all other agencies before any
approvals of plans, special exceptions, variances or permits may be
granted by Salisbury Township or its agencies, officials or employees.
(2)
Where necessary permits or written approvals from other agencies cannot be obtained prior to action by Salisbury Township, any approval of
plans, special exceptions, variances or permits by Salisbury Township or
its agencies, officials or employees shall be conditioned upon receiving
such other agencies, permits or written approvals.
(3)
No regulations of the Commonwealth governing watercourses are
amended or repealed by this Chapter. Prior to any proposed alteration or
relocation of any watercourse a permit shall be obtained from the Pennsylvania
Department of Environmental Protection, Dams and Encroachment Division,
and notification of any such proposal shall be given to all affected adjacent
municipalities. Copies of such permit applications and municipal notifications
shall be forwarded to the Federal Insurance Administration and to the
Pennsylvania Department of Community and Economic Development.
(Note: The above 212.10.B.(3) was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
C.
Placement and Construction of Authorized Uses and Structures.
(1)
All uses and structures shall be designed, constructed and placed so as to
offer the minimum obstruction possible to the flow of water, and shall be
designed to have a minimum effect upon the flow, velocity or height of
floodwaters. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow and, so far as is
practicable, structures shall be placed approximately on the same flood
flow lines as those of nearby structures.
(2)
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage, and shall
be constructed by methods and practices that minimize flood damage.
(3)
All new or replacement drains, water supply facilities or sanitary sewage
facilities shall be designed to preclude infiltration or back-up of sewage
or floodwaters into the facilities or structures and discharges from the
facilities into floodwater.
(4)
All new construction and substantial improvements of permanent non27-109
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(5)
(6)
residential structures shall either (a) have the lowest floor (including
basement) elevated to one (1) foot above the 100 year flood elevation as
defined by subsection (2)(A)(1) of this Section; or, (b) together with
attendant utility and sanitary facilities, be floodproofed so that below one
(1) foot above the 100 year flood elevation as defined by subsection
(2)(A)(1) of this Section, the structure is watertight, with walls substantially impermeable to the passage of water and with structural components have the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
All authorized improvements or additions to existing residential structures shall, to the greatest extent possible, be elevated. Any portion of
the structure not elevated to one (1) foot above the 100 year flood elevation as defined by subsection (2)(A)(1) of this Section shall be floodproofed.
Floodproofing. Where floodproofing is authorized by this Section, it
shall be done according to the standards and provisions for floodproofing classes W-1, W-2, W-3, or W-4, as contained in Flood-Proofing
Regulations published by the Office of the Chief of Engineers, U.S.
Army, published EP 1165 2 314 (June 1972 and as subsequently
amended) where such standards and provisions do not conflict with
other provisions of this Part. Where reference is made in Flood-Proofing Regulations to the "RFD" (regulatory flood datum) it shall be interpreted to mean the 100 year flood elevation as defined by this Section.
The floodproofing of new residential structures is specifically prohibited.
D.
Anchoring. All structures, including buildings, air ducts, large pipes and storage
tanks, within the FP - Floodplain Zone shall be firmly anchored to prevent
flotation, movement or collapse, thus reducing the possibility of the blockage of
bridge openings and other restricted sections of the watercourse.
E.
Surface Drainage. Adequate drainage shall be provided for all new development
to reduce exposure to flood hazards.
F.
Agricultural Standards.
(1)
A filter strip is required between any watercourse and any tilled land.
Such strip shall be a minimum of fifteen (15) feet in width measured
from the bank of the watercourse channel. The filter strip shall be
planted and maintained in grass.
(2)
Within the FP - Floodplain Zone, a cover crop, such as annual rye grass,
is required whenever the land is not being tilled for major crops.
(3)
Livestock shall not be confined in pastures or other enclosures located
entirely within the FP - Floodplain Zone (see §209.8.16.).
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(4)
Within the FP - Floodplain Zone, feedlots are prohibited.
Public Utilities Facilities and Structures. Public utility facilities and
structures (except buildings) subject to the jurisdiction of the Pennsylvania
Utility Commission are requested to comply with the following standards in
the interest of achieving the purpose and intent of this zone:
A.
Public utility facilities and associated structures such as pipelines, gas lines,
storm sewers, sanitary sewers, water lines, outlet installations for sewage treatment plants, sealed public and private water supply wells, pumping stations, and
underground communications facilities should, except for necessary vents, be
designed and installed underground so as to be at or below the existing natural
surface grade within the floodplain, and in such a manner as will prevent flotation, minimize or eliminate flood damage and not alter the cross-sectional area
of the floodplain. All new or replacement water supply facilities and/or sanitary
sewage facilities should be designed to minimize or eliminate infiltration of
floodwaters into the facilities and discharges from the facilities into floodwaters.
Municipality Liability. The lawful granting of a permit or making of any
administrative decision under this Section shall not constitute a
representation, guarantee or warranty of any kind by Salisbury Township, or
by any official, agent or employee thereof, of the practicability or safety of any
structure, use or other plan proposed with respect to damage from flood or
otherwise, and shall create no liability upon, or a cause of action against,
such public body, official, agent or employee for any flood damage that may
result pursuant thereto or as a result of reliance on this Section. There is also
no assurance that lands not included in the FP - Floodplain Zone are now or ever
will be free from flooding or flood damage.
(Note: The above Section 212 was amended on November 20, 1990, by Ordinance No.11-20-1990, §212; on February 2, 1999, by
Definitions
Accessory Use or Structure- a use or structure on the same lot width, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Basement- means any area of the building having its floor below ground level on all
sides.
Building- a combination of materials to form a permanent structure having walls
and a roof. Included shall be all manufactured homes and trailers to be used for
human habitation.
Completely Dry Space- a space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water and water
vapor.
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Development- any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation, repair,
expansion, or alteration of buildings or other structures; the placement of
manufactured homes; streets, and other paving; utilities; filling, grading and
excavation; mining; dredging; drilling operations; storage of equipment or
materials; and the subdivision of land.
Essentially Dry Space- a space which will remain dry during flooding, except for
the passage of some water or minor seepage; the structure is substantially
impermeable to the passage of water.
Flood- a temporary inundation of normally dry land areas.
Floodplain Area- a relatively flat or low land area which is subject to partial or
complete inundation from an adjoining or nearby stream, river or watercourse;
and/or any area subject to the usual and rapid accumulation of surface waters
from any source.
Floodproofing- means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Floodway- the designated area of a floodplain required to carry and discharge
flood waters of a given magnitude. For the purposes of this Ordinance, the
floodway shall be capable of accommodating a flood of the one hundred (100)
year magnitude.
Historic Structure- any structure that is:
(A)
(B)
(C)
(D)
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined
by the Secretary to qualify as registered historic district;
Individually listed on a state inventory of historic places in
states with historic preservation programs which have been
approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in
communities with historic preservations programs that have
been certified either:
(1)
By an approved state program as determined by the
Secretary of the Interior, or
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(2)
Directly by the Secretary of the Interior in states
without approved programs.
Identified Floodplain Area- the floodplain area specifically identified in this
Ordinance as being inundated by the one hundred (100) year flood.
Land Development- Any of the following activities:
(A)
(B)
The improvement of one lot or two or more contiguous lots,
tracts, or parcels of land for any purpose involving:
(1)
a group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively,
or a single nonresidential building on a lot or lots
regardless of the number of occupants or tenure; or
(2)
the division or allocation of land or space, whether
initially or cumulatively, between or among two or
more existing or prospective occupants by means of, or
for the purpose of streets, common areas, leaseholds,
condominiums, building groups or other features.
A subdivision of land.
Manufactured Home- a structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
includes park trailers, travel trailers, recreational and other similar vehicles
which are placed on a site for more than one hundred eighty (180) consecutive
days.
Manufactured Home Park- a parcel of land under single ownership, which has
been planned and improved for the placement of two or more manufactured
homes for non-transient use.
Minor Repair- the replacement of existing work with equivalent materials for
the purpose of its routine maintenance and upkeep, but not including the
cutting away of any wall, partition or portion thereof, the removal or cutting of
any structural beam or bearing support, or the removal or change of any
required means of egress, or rearrangement of parts of a structure affecting the
exitway requirements; nor shall minor repairs include addition to, alteration
of, replacement or relocation of any standpipe, water supply, sewer, drainage,
drain leader, gas, oil, waste, vent, or similar piping, electric wiring or
mechanical or other work affecting public health or general safety.
New Construction- structures for which the start of construction commenced
on or after April 15, 1981, and includes any subsequent improvements thereto.
One Hundred Year Flood- a flood that, on average, is likely to occur once
every one hundred (100) years [i.e. that one percent (1%) chance of occurring
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each year, although the flood may occur in any year].
Person- an individual, partnership, public or private association or
corporation, firm, trust, estate, municipality, governmental unit, public utility
or any other legal entity whatsoever, which is recognized by law as the subject
of rights and duties.
Regulatory Flood Elevation- the one hundred (100) year flood elevation plus a
freeboard safety factor of one and one-half (1 ½ ) feet.
Repetitive Loss- flood related damages sustained by a structure on two
separate occasions during a ten (10) year period for which the cost of
repairs at the time of each flood event, on average, equals or exceeds
twenty-five percent (24%) of the market value of the structure before the
damages occurred.
Special Permit- a special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
Structure- anything constructed or erected on the ground or attached to the
ground including, but not limited to buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water whether
or not affixed to land.
Subdivision- the division or redivision of a lot, tract, or parcel of land by
any means into two or more lots, tracts, parcels or other divisions of land
including changes in existing lot lines for the purpose, whether immediate
or future, of lease, partition by the court for distribution to heirs, or
devisees, transfer or ownership or building or lot development. Provided,
however, that the subdivision by lease of land for agricultural purposes
into parcels of more than ten (10) acres, not involving any new street or
easement of access or any residential dwelling, shall be exempted.
Substantial Damage- damage from any cause sustained by a structure
whereby the cost of restoring the structure to its before-damaged condition
would equal or exceed fifty percent (50%) or more of the market value of
the structure before the damage occurred.
Substantial Improvement – any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds fifty
percent (50%) of the market value of the structure before the ‘start of
construction’ of the improvement. This term includes structures which
have incurred ‘substantial damage’ [or ‘repetitive loss’ when repetitive
loss language (Section 601.E) is used] regardless of the actual repair
work performed. The term does not, however, include either:
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(A)
(B)
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions, or
Any alteration of a ‘historic structure,’ provided that the
alteration will not preclude the structure’s continued
designation as a ‘historic structure.’
Uniform Construction Code (UCC)- The statewide building code adopted by
the Pennsylvania General Assembly in 1999 applicable to new construction in
all municipalities whether administered by the municipality, a third party or
the Department of Labor and Industry. Applicable to residential and
commercial buildings, the Code adopted the International Residential Code
(IRC) and the International Building Code (IBC), by reference, as construction
standard applicable with the Commonwealth floodplain construction. For
coordination purposes, references to the above are made specifically to various
sections of the IRC and IBC.
Uniform Construction Code Coordination- The Standards and Specifications
contained in 34 PA Code (Chapters 401-405), as amended and not limited to
the following provisions shall apply to the above and other sections and
subsections of this Ordinance, to the extent that they are more restrictive
and/or supplement the requirements of this Ordinance.
International Building Code (IBC) 2003 or the latest edition thereof: Secs.
801, 1202, 1403, 1603, 1605, 1612, 3402 and Appendix G.
International Residential Building Code (IRC) 2003 or the latest edition
thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix E and
Appendix J.
The above definitions were added by Ordinance 4-19-05-1
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PART 3
GENERAL PROVISIONS
§301.
GENERAL PROVISIONS.
The regulations contained within this Part shall apply to all uses within the Township.
§302.
ACCESSORY USES AND STRUCTURES.
Fences and Walls. No fence or wall (except agricultural livestock
fences, required junkyard or tennis court walls or fences, Pennsylvania Game
Commission required fences for approved deer raising operations, or a retainer
wall of a building permitted under the terms of this Chapter) shall be erected to a
height of more than three (3) feet in a front yard and more than six (6) feet in
any other yard within an Agricultural, Open Space or Residential Zone.
Within any Farm Support, Industrial, Quarry, or Commercial Zone, no fence
nor wall shall be erected to a height of more than ten (10) feet in any yard. No
fence shall block motorist view of vehicles entering or exiting the property.
(Note: The above Section 302.1 was amended on December 17, 1996, by Ordinance No. 12-17-1996-2. The above was also amended on
November 16, 2010 by Ordinance 11-16-10-1.)
Swimming Pools. No permanent structure shall be permitted without an
operable fil- tration system utilizing chlorine, bromine or some other
antibacterial agent. All swimming pools shall be completely enclosed by a
minimum four (4) foot high fence or wall with no openings or holes greater
than six (6) inches in any direction with a self-closing and lockable gate;
however, this does not apply to above-ground pools having a wall measuring
four (4) feet in height and having a retractable ladder. Such fence or wall shall
be erected before any pool is filled with water. All pools, walks and accessory
structures must be set back at least twenty (20) feet from all lot lines. No
water from a pool shall be discharged onto any public street or alley.
These requirements shall not apply to man-made ponds, lakes or other
impoundments, unless the primary purpose for their construction is swimming.
All public swimming must comply with all State laws, rules and regulations.
Tennis Courts. All tennis courts shall include an open mesh permanent
fence ten (10) feet in height behind each baseline. Such fence shall extend
parallel to said baseline at least ten (10) feet beyond the court's playing surface
unless the entire court is enclosed. Any lighting fixtures shall be arranged
to prevent objectionable glare on adjoining property.
Satellite Dish Antennas. Satellite dish antennas for residential use are
subject to all accessory use standards. Furthermore, any satellite dish antenna
located within the Open Space, Agricultural or Residential Zones shall be
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used only to receive signals,
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not transmit them. All ground-mounted satellite dish antennas located within the
Quarry, Industrial, Farm Support or Commercial Zones that are used to transmit video
format data shall be completely enclosed by a minimum eight (8) foot high
nonclimable fence that include signage warning of dangerous radiation levels. Any
gates within the fence shall be locked when unattended. Satellite dish antennas within
the Industrial, Farm Support, Quarry or Commercial Zones shall comply with all
principal use standards.
(Note: The above Section 302.4. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2, and on February 2, 1999, by Ordinance
No. 2-2-99-2.)
Alternative Energy Sources. Except for those contained on farms, wind energy
conversion systems (WECS) shall not be permitted in the front yard area of any
property. Height regulations do not apply to WECS units provided that the height of
the WECS unit shall not be greater than the shortest distance measured along a
horizontal plane from the unit to any lot line. WECS units may be placed on the roof
of any structure provided that the perimeter of the unit does not cover 25% of the roof
area of the structure on which the WECS unit is placed. The additional height extension shall be so positioned that the height of the WECS unit above the roof is less
than the distance measured along a horizontal plane from such unit to any lot line. All
transmission lines to and from any freestanding WECS unit or any supporting
building or structure shall be buried underground. Solar energy units shall be permitted in any zone and subject to the requirements of that zone.
Ornamental Ponds and Wading Pools.
A.
Such structures shall comply with all accessory use setbacks.
B.
No such impoundment shall contain more than 26.6 cubic feet of water (200
gallons). All ponds, pools or other impoundments exceeding the requirements
of this Section shall be considered as "man-made lakes, dams and impoundments" and are subject to the criteria listed in subsection (7) of this Section.
C.
No such impoundment shall have a length or diameter exceeding fifteen (15)
feet nor a maximum depth exceeding 2 feet.
D.
All such ponds or pools shall be maintained so to not pose a nuisance by reason
of odor, or the harboring of insects.
E.
No such pond(s) shall be used for the commercial hatching of fish or other
species.
Man-made Lakes, Dams and Impoundments.
A.
All lakes, dams, ponds and impoundments may be permitted in any zone subject
to the following.
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B.
All dams, ponds, lakes and impoundments located along and connected to a stream,
that involve any of the following, shall require the obtainment of a permit from the PA
DEP Bureau of Dams and Waterways Division of Dam Safety, or a letter indicating that
the proposed use does not require a PA DEP permit:
(Note: The above Section 302.7.B. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
C.
(1)
The dam, pond or impoundment shall contain a volume of at least 50
acre feet.
(2)
The dam shall reach a height of 15 feet.
(3)
The dam, pond or impoundment shall be used to impound the water
from a watershed of at least 100 acres.
All dams, ponds and impoundments not contiguous to a stream, that have an
intake, outlet, or both, and/or have an embankment within fifty (50) feet of a
stream, shall require the obtainment of a permit from the PA DEP Bureau of
Dams and Waterways Division of Waterways and Stormwater Management.
(Note: The above Section 302.7.C. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
D.
All dams, ponds and impoundments shall be located at least seventy-five (75)
feet from adjoining lot lines, and any subsurface sewage disposal system or well.
E.
All other dams, ponds and impoundments require the submission of statement
by a qualified engineer that the proposed use is properly constructed and will not
pose a threat to the public safety nor the environment during normal flow
conditions and those associated with the base flood. All dams shall be constructed to a height of one (1) foot above the water surface elevation occurring during
the base flood.
F.
Requirements for Fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the
pond's shores and polluting the waters.
G.
Maintenance. All ponds shall be regularly maintained and floating debris shall
be removed from all pipes and spillways. All ground cover shall be trimmed.
Weeds, brush and trees shall not be permitted to grow on the dam or spillway.
Garage/Yard Sales. Within any zone, an owner and/or occupant may conduct up to
two garage/yard sales per year. No garage or yard sale shall be conducted for a period
longer than 3 consecutive days. Such sales may offer for sale personal possessions; no
import or stocking of inventory shall be permitted. Only one four (4) square foot sign
shall be permitted advertising the garage/yard sale; such sign must be located upon the
premises where the sale occurs, and shall be removed promptly upon the completion
of the sale. In no case shall any aspect of the garage/yard sale (including parking) be
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conducted in a street right-of-way. The conduct of garage sales beyond the extent
described herein represents a commercial business and requires appropriate zoning
authorization. No off-site directional signs are permitted which advertise a
garage/yard sale.
Horse and Carriage Barns and Private Garages. Within any zone, the noncommercial
keeping of horses used solely as the residents’ principal mode of transportation and
the storage of noncommercial motor vehicles used by the residents is permitted as an
accessory use to a principal dwelling subject to the following requirements:
A.
Any horse and carriage barn or detached private garage shall meet the size and
setback requirements of the zone in which it is located.
B.
No private garage or horse and carriage barn shall exceed a height of 18 feet to
the square, and the peak of the roof shall not exceed a height of 29 feet.
C.
No private garage or horse and carriage barn containing two stories shall have
dormers.
D.
No private garage or horse and carriage barn shall have a soffit or eave overhang
exceeding two feet from the wall of the building.
E.
A private garage or horse and carriage barn may have one overhang at the front
of the building which shall not exceed eight feet from the wall of the building.
F.
All animal waste shall be disposed of in a manner which protects public health
and which is adequate to prevent any nuisance conditions.
Note the above section was amended by Ordinance 6-19-07-1.
Personal Ham/Amateur Radio Antennas and Towers. Such devices are permitted in
any zone as an accessory use to a principal residence, provided they are not located
within the front yard and that they are set back a horizontal distance from each
property line at least equal to their height.
Accessory Repair of Personal Motor Vehicles – The routine maintenance, repair and
servicing of personal motor vehicles, owned or leased by the person performing such
services when performed outside of a completely-enclosed building upon a property
principally used for residential purposes, is permitted by an occupant of the residence,
but only in compliance with the following:
1.
All vehicles shall be maintained with proper licensure;
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2.
All work shall be performed on the vehicle owner’s (lessee’s) property of
residence;
3.
Work shall be limited to the following:
A.
Servicing and replacement of spark plugs, batteries, distributors, and
distributor parts;
B.
Repair and replacement of tires and wheels, excluding recapping or
regrooving;
C.
Replacement of water hoses, fan belts, brake fluids, transmission fluid,
oil filters, air filters, oil, grease, light bulbs, fuses, floor mats and carpeting, seat
covers, seat belts, windshield wipers, mirrors, and engine coolants;
D.
Repair and replacement of car radios, tape players, amplifiers, and
speakers;
E.
Cleaning and flushing of radiators only when flushed into a water-tight
container;
F.
Repair and replacement of fuel pump, oil pump and line repairs;
G.
Minor servicing and adjustment of carburetors;
H.
Minor motor adjustments not involving the removal of the motor head or
crankcase, nor the prolonged revving of the motor,
I.
Minor body repairs, excluding the replacement of body parts, the
complete repainting of the body and the application of undercoating,
and,
J.
Cleaning of all exterior and interior surfaces, including washing,
shampooing, vacuuming, rubbing, polishing, waxing, and the application
of paint sealants;
4.
All by-product of waste fuels, lubricants, chemicals, and other products shall be
properly disposed of; and,
5.
No vehicle shall be stored in a “jacked-up” position, or on blocks for more than
seventy-two (72) continuous hours.
(Note: The above Section 302 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §301; on February 6, 1996, by Ordinance
No. 2-6-1996-1, §2; on December 17, 1996, by Ordinance No. 12-17-1996-2, §1,10,25,26; above Section 302.11. was amended on February 2,
1999, by Ordinance No. 2-2-99-2.)
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Unless required by the local postmaster, no streetside postal boxes, nor streetside
newspaper boxes shall be located along any cul-de-sac turnaround.
(Note: The above Section 302.12. was added on February 15, 2000, by Ordinance No. 2-15-00-3.)
§303.
UNENCLOSED STORAGE.
Recreational Vehicles, Boats, Campers, Trailers and Trucks. In any
residential zone or on any property used principally for residential purposes,
no boat, camper, recreational vehicle, trailer nor truck shall be stored within a
front yard, unless located within a driveway. No truck licensed for in excess of
26,000 G.V.W. may be stored or parked in a residential zone or upon any
property used principally for residential purposes.
(Note: The above Section 303.1. was amended on February 6, 1996, by Ordinance No. 2-6-1996-1. Section 303.1 was amended by Ordinance
4-20-04-1.)
Outdoor Stockpiling. In all zones, no outdoor stockpiling of any material
or outdoor storage of trash is permitted in the front yard. In any residential
zone, the outdoor stockpiling of materials (except firewood) for more han 3
months is prohibited.
Trash, Garbage, Refuse or Junk. Except as provided in §§443 and
463 of this Chapter, the outdoor accumulation of trash, garbage, refuse or
junk for a period exceeding 15 days is prohibited.
(Note: The above Section 303.3. was amended on February 6, 1996, by Ordinance No. 2-6-1996-1, and on February 2, 1999, by Ordinance
No.2-2-99-2.)
Domestic Composts – The placement of framed enclosure composts as
an accessory residential use is permitted, subject to all accessory use setbacks.
Only waste materials from the residential site shall be deposited within the
compost, and in no case shall meat, or meat by-products, be composted. All
composts shall be properly maintained so as not to become a nuisance to nearby
properties.
Dumpsters – All trash dumpsters shall be located within a side or rear
yard, screened from adjoining streets and properties, and completely enclosed
within a masonry or fenced enclosure equipped with a self-latching door or gate.
No. 2-6-1996-1, §3; above 303.5. was amended on February 2, 1999, by Ordinance No. 2-2-99-2, and further revised on February 15, 2000, by
§304.
SETBACK MODIFICATIONS.
Front Setback of Buildings on Built-up Streets. Where at least two
adjacent buildings within one hundred (100) feet of a property are set back a
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lesser distance than required, the average of the lesser distances becomes the
required minimum front set-
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back for the property. However, in no case shall the setback line be less than thirty
(30) feet from any abutting street right-of-way line.
Accessory or Appurtenant Structures. The setback regulations do not apply to:
A.
Bus shelters, telephone booths and cornices, eaves, chimneys, steps, canopies
and similar extensions but do apply to porches and patios whether covered or
not.
B.
Open fire escapes.
C.
Minor public utility structures, articles of ornamentation or decoration.
D.
Fences, hedges and retaining walls.
§305.
HEIGHT LIMIT EXCEPTION.
The height regulations do not apply to the following structures or
projections, provided such structures or projections are set back a horizontal
distance at least equal to their height from any property line:
A.
Water towers, antennas, utility poles, smokestacks, chimneys, farm silos,
windmills, flagpoles or other similar structures.
B.
Roof-top structures for the housing of elevators, stairways, water storage tanks,
ventilating fans and other mechanical appurtenances.
C.
Parapet walls or cornices used solely for ornamental purposes if not in excess of
five (5) feet above the roof line.
In no case shall any freestanding or roof-top structure above the
maximum permitted height be used for the purpose of providing additional
floor space for residential, commercial or industrial purposes.
(Note: The above Section 305 was amended on November 20, 1990, by
Ordinance No. 11-20-1990, §304.)
§306.
CLEAR SIGHT TRIANGLE
On corner lots, there shall be provided
and maintained a clear sight triangle of
at least one hundred (100) feet, as
measured along the centerline from the
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intersecting streets. No structure, planting, excavation, nor other visual obstruction
shall be permitted at a height greater than thirty (30) inches within such area. All such
clear sight triangles shall be depicted upon proposed subdivision and land
development plans and sketch plans for zoning permit applications. A public right-ofway shall also be reserved for the purpose of removing any visual obstruction within
the clear sight triangle.
(Note: The above Section 306 was amended on February 2, 1999, by Ordinance No. 2-2-99-2; further revised on February 15, 2000, by
§307.
MINIMUM HABITABLE FLOOR AREA.
All dwelling units must conform to the minimum habitable floor area following:
A.
Single-family, duplex and townhouse dwelling units, seven hundred (700)
square feet per dwelling unit.
B.
Multi-family dwellings, four hundred (400) square feet per dwelling unit.
§308.
ERECTION OF MORE THAN ONE PRINCIPAL USE ON A LOT.
More than one principal use may be erected on a single lot provided that all lot and yard
requirements, standards and other requirements of this Chapter shall be met for each structure,
as though it were on an individual lot. In addition, such proposals shall gain approval for a land
development plan and provide individually approved methods of sewage disposal.
§309.
REQUIRED VEHICULAR ACCESS.
Every building hereafter erected, moved or subdivided from an existing lot shall be on a lot
adjacent to a street. The erection of buildings without approved access shall not be permitted.
Approved access shall be defined in terms of the SLDO. Access to lots containing single-family
dwellings shall be via driveways (see §310); access to lots containing other uses shall be via
access drives (see §311). All lots shall have a minimum street frontage of fifty (50) feet. This
provision shall apply to all size lots in all zoning districts.
(Note: The above Section 309 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §308; revised on February 15, 2000, by
§310.
DRIVEWAY REQUIREMENTS (SINGLE-FAMILY DWELLING).
Number Per Lot. No more than two driveway connections per lot shall be permitted.
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Setbacks. Driveways shall not connect with a public street within forty (40) feet of
the right-of-way lines of any intersecting streets, within five (5) feet of a fire
hydrant, nor within three (3) feet of adjoining lot lines.
Clear Sight Triangle. Driveways shall be located and constructed so that a clear sight
triangle of seventy-five (75) feet as measured along the street centerline and five (5)
from the street right-of-way line feet along the driveway centerline is maintained; no
permanent obstructions and/or plant materials over three (3) feet high shall be placed
within this area.
Slope. A driveway shall not exceed a slope of 8% within twenty-five (25) feet of the
street right-of-way lines.
Street Classification. Driveway access shall be provided to the street of lesser
classification when there is more than one street classification involved.
Driveway Width. No driveway shall provide a curb cut exceeding twenty-four (24)
feet in width.
Pennsylvania Department of Transportation Permit. Any driveway intersecting with a
State-owned street shall require the obtainment of a driveway permit from the
Pennsylvania Department of Transportation.
Drainage. Driveways shall not be constructed in a manner to be inconsistent with the
design, maintenance and drainage of the street.
27-124
Except as provided for townhouse driveways in Section 310.11 as follows, a
turnaround area shall be provided with sufficient dimension to prevent the
necessity of backing onto a street. No driveway shall be located/designated so
as to encroach upon, or interfere with, any snow dump areas of cul-de-sac
turnarounds, as required by Section 502.13 of the SLDO.
(Note: The above Section 310.9. was revised on February 15, 2000, by Ordinance No. 2-15-00-3. The above section was amended on April 1,
2003, by Ordinance No. 4-1-03-1.)
When required by PA DOT, the use of joint-use driveways is permitted provided that
such driveways must have a minimum cartway width of eighteen (18) feet for the
portion under joint use. In addition, cross access easements shall be required to
ensure common use of, access to, and maintenance of joint-use driveways; such
easements shall be recorded in language acceptable to the Township Solicitor, and
noted on any applicable subdivision/land development plan.
(Note: The above Section 310.10. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above was amended on November 16,
2010 by Ordinance 11-16-10-1.)
Driveway and Parking Requirements for Townhouses on Individual Lots
1. Off-street parking for townhouses shall be confined to the rear yard;
2. Driveways for townhouses shall only connect with public alleys that abut the rear
yard;
3. Such driveways must be set back at least:
1. Twenty (20) feet from the right-of-way of any street or alley which does not
connect with the driveway (see lot 1 on Diagram 310.11.);
2. Fifteen (15) feet from the lot line of an end unit that abuts another end unit or
non-townhouse use (see lot 7 on Diagram 310.11.); and,
3. Five (5) feet from the closest point of any building other than a garage.
4. No individual driveway shall be narrower than ten (10) feet;
5. Garages must be attached to and rely upon a driveway as permitted above;
6. Garages must be set back at least:
1.
Twenty (20) feet from the right-of-way of any alley or street (see lot 4 on
Diagram 310.11.);
2.
Fifteen (15) feet from the lot line of an end unit that abuts another end unit or
a non-townhouse use (see lot 7 on Diagram 310.11.);
27-125
ZONING
3.
Ten (10) feet from the townhouse when a detached garage is provided (see
lot 2 on Diagram 310.11.); and
4.
Zero (0) feet when attached to the townhouse and/or an adjoining garage (see
lots 3 & 4 and 5 & 6).
(Note: The above Section 310.11. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was amended on April 1,
2003, by Ordinance No. 4-1-03-1.)
Driveway and Parking Requirements for Townhouses on Common Property
1.
Off-street parking for townhouses shall be confined to the side and/or rear yard;
2.
Off-street parking shall be provided in parking lots that are designated in
accordance with the standards of Section 507 of the SLDO.
3.
Garages can be provided for required off-street parking spaces provided such
garages are located in the side and/or rear yard, are set back at least twenty (20)
feet from any property line and are accessed via the access drive associated with
the off-street parking lot; and
27-126
4.
Access drives shall only connect with public street or alleys that abut the side
and/or rear yards.
(Note: The above Section 310.12. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was amended on April 1,
2003, by Ordinance No. 4-1-03-1.)
Public Alley and Street Requirements Abutting Townhouse Developments
1.
Townhouse developments are required to provide:
1. Sufficient street width to accommodate on-street parking on both sides of
any adjoining streets;
2. Sidewalks and planting strips along any public street frontage; and,
3. Public alleys along the rear yard when individual properties and driveways
are proposed.
2.
Design standards for streets, sidewalks and alleys:
27-127
ZONING
Minimum
Required Width
of Cartway
Minimum Required
Width of Each
Parking Lane
Minimum Required
Width of Each
Sidewalk/Planting
Strip
Required
Curb
Return
Radius
Minimum
Required Street
Centerline
Turning Radius
Minimum Width
of Right-of-Way
Arterial or
Collector
20 ft
8 ft
10 ft
25 ft.
150 ft.
46 ft.
Local
Public Alley
16 ft.
16 ft.
8 ft.
Not permitted
10 ft.
0 ft.
15 ft.
15 ft.
80 ft.
22 ft.
42 ft.
33 ft.
Street
Classification
Diagram 310.13.
3. Where practicable, the design of streets, alleys and sidewalks should provide
for through traffic and pedestrian movements, and should interconnect with
existing nearby streets, alleys and sidewalks.
(Note: The above Section 310.13. was revised on February 15, 2000, by Ordinance No. 2-15-00-3. The above section was amended on April 1,
2003, by Ordinance No. 4-1-03-1.)
(Note: The above Section 310.14. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. Section 314 was deleted on April 1, 2003, by
§311.
ACCESS DRIVE REQUIREMENTS
All access drives shall be provided in accordance with Section 505 of the SLDO. Any access
drive intersecting with a State-owned street shall require the obtainment of a Pennsylvania
Department of Transportation driveway permit.
(Note: The above Section 311 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §310; revised on February 15, 2000, by
§312.
OFF-STREET PARKING REQUIREMENTS.
Off-street parking shall be required in accordance with the provisions of
this Section prior to the occupancy of any building or use, so as to alleviate
traffic congestion on streets. These facilities shall be provided whenever:
A.
A building is constructed or a new use is established.
B.
The use of an existing building is changed to a use requiring more parking facilities.
C.
An existing building or use is altered or enlarged so as to increase the amount of
parking space required.
27-128
Parking for Single-Family Dwellings. Every single-family dwelling shall be required
to provide at least four (9 x 19 ft.) off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or
driveways. Additional regulations pertaining to driveways are contained in §310 of
this Chapter. Parking shall not be permitted on public rights-of-way, except in Township-designated locations. The remaining regulations contained in this section do not
apply to off-street parking facilities serving one single-family dwelling.
Site Plan Approval.
A.
Each application for a zoning permit (for a use for which parking spaces are
required) shall include a drawing (site plan) showing the proposed layout of the
parking lot. The drawing shall clearly indicate compliance with all of the design
standards listed in Section 507 of the SLDO.
B.
No zoning permit shall be issued for any use for which parking spaces are
required unless the site plan has been approved or necessary variances have been
obtained.
Joint Parking Lots. In commercial shopping centers over three acres in size, joint
parking lots may be permitted. These joint facilities can reduce the total number of
parking spaces required by a maximum of 20%. Therefore, the resulting joint parking
lot will be required to provide at least 80% of the total number of spaces required by
the sum of all of the shopping center's tenants. Such reduced parking spaces must be
appropriately distributed upon the lot to provide convenient walking distance between
vehicle and each of the shopping center's stores.
Prohibited Uses of a Parking Lot. Automobile parking lots are for the sole purposes
of accommodating the passenger vehicles of persons associated with the use which
requires them. Parking lots shall not be used for the following and/or loading
purposes:
A.
The sale, display or storage of automobiles or other merchandise.
B.
Parking/storage of vehicles accessory to the use.
C.
Performing services (including services to vehicles).
D.
Required off-street parking space shall not be used for loading and unloading
purposes, except during hours when business operations are suspended.
Schedule of Required Parking Spaces. The following lists required numbers of
parking spaces by use type. Any use involving a combination of several uses shall
provide the total number of spaces required for each individual use:
27-129
ZONING
Type of Use
Minimum of One Parking Space for Each
Commercial Uses
Automobile repair, filling washing facilities
400 square feet of gross floor and floor and ground area devoted
to repair and service facilities in addition to areas normally
devoted to automobile storage and 1 per employee on major shift
Automobile, boat and trailer sales
1,000 square feet of gross indoor and outdoor display areas
Carpeting, drapery, floor-covering and wall
covering sales
500 square feet of gross floor area
Convenience stores
Drive-through and/or fast-food restaurant
2 seats and 1 per each 2 employees
Food markets and grocery stores
200 square feet of gross floor area for public use and 1 per each
employee on 2 largest shifts
Funeral homes
100 square feet of gross floor area, 1 per each employee and 1
per each piece mobile equipment such a hearses and ambulances
Furniture sales
500 square feet gross floor area
Hotel, motel, tourist homes
Guest sleeping rooms and 1 per each employee on 2 largest
shifts. (Restaurants and other accessory uses shall be viewed
separately)
Mini warehouses
50 units (or fraction thereof) plus 1 per 300 square feet of office
space plus 1 per resident manager
Office buildings
Professional offices of veterinarians,
physicians, dentists, etc.
6 spaces per each physician or dentist, etc.
Retail store or shop (except those listed
above)
200 square feet of gross floor area of display area or sales area
and 1 per each employee on 2 largest shifts
Restaurant
4 seats plus 1 per each employee on largest shift
Shopping centers or malls
See 460.4
Other commercial buildings
Industrial Uses
Industrial and heavy manufacturing
establishments
2 employees on the 2 largest shifts or at least 1 space per each
1,000 square feet of gross floor area, whichever is the greatest
number
Warehousing
Employee on the 2 largest shifts
27-130
Type of Use
Recreation Uses
Amusement arcade
Athletic field
4 seats of spectator seating; however, if no spectator seating is
provided, a temporary parking area shall be provided on the site.
Such area must provide sufficient numbers of spaces to serve all
users of the site and include a fence delineating such parking area
Bowling alley/billiard room
1/4 lane/table and 1 per each 2 employees
Campgrounds
Per campsite, plus 1 per employee, plus 50% of the spaces
normally required for accessory uses
Golf course
1/8 hole, plus 1 per employee, plus 50% of the spaces normally
required for accessory uses
Golf driving range
1 per tee and 1 per employee
Miniature golf course
1/2 hole and 1 per employee
Riding school or horse stable
2 stalls plus 1 per every 4 seats of spectator seating
Picnic area
per table
Skating rink
4 persons of legal occupancy
Swimming pools (other than one accessory
to a residential development)
4 person of legal occupancy
Tennis or racquetball
1/4 court plus 1 per employee plus
clubs, 50% of the spaces normally
required for accessory uses
Residential Uses
Single-family detached, duplex and
multiple-family dwelling units.
1/4 dwelling unit (i.e., 4 spaces per dwelling unit)
Townhouses
½ dwelling unit (i.e. 2 spaces per dwelling unit)
Rooming house, group home and bed and
breakfast
Bedroom
Social and Institutional Uses
Auditorium, banquet, conference rooms,
church, theater and other such places of
public assembly
200 square feet but not less than 1 space per each 4 seats
Clubs, lodges and other similar places
2 seats but not less than 100 square feet of gross floor area and 1
per each employee on 2 largest shifts
27-131
ZONING
Nursing, rest or retirement homes
3 accommodations (beds) in addition to those needed for doctors
and support staff
Hospital, sanitarium
spaces shall be provided for visitors, at the rate of at least 1 space
per each 1.5 accommodations (beds). Such spaces shall be in
addition to those necessary for doctors and other personnel
Museum, art gallery, cultural center, library
Type of Use
Rehabilitation centers (without overnight
accommodations)
1 per each employee and per 3 people anticipated to be handled
through the facility
Schools below grade ten, including
commercial day-care and kindergarten
6 students enrolled
Schools, tenth grade and above, including
colleges
3 students enrolled
Vocational training and adult education
facilities
1.5 students enrolled
(Note: The above Section 312 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §311; the above Sections 312.4. through
312.6. were renumbered to replace deleted sections as amended on February 15, 2000, by Ordinance No. 2-15-00-3. The above section was
amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
§313.
OFF-STREET LOADING FACILITIES.
Off-street loading shall be required in accordance with this Section
prior to the occupancy of any building or use, so as to alleviate traffic
congestion on streets. These facilities shall be provided whenever:
A.
A new use is established.
B.
The use of a property or building is changed and thereby requiring more loading
space.
C.
An existing use is enlarged thereby requiring an increase in loading space.
Site Plan Approval.
A.
Each application for a zoning permit (for a use for which off-street loading
spaces are required) shall include a drawing (site plan) showing the proposed
layout of the loading area. The drawing shall clearly indicate compliance with all
of the design elements listed in Section 508 of the SLDO.
B.
No zoning permit shall be issued for any use for which a loading area is
required, unless the site plan has been approved or necessary variances have
been approved.
27-132
Schedule of Off-Street Loading Spaces Required.
Type of Use
Number
Spaces Per
Gross Floor Area/Dwelling Units
Hospital or other institution
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
None
1.0
+1.0
None
1.0
+1.0
None
Less than 100 dwelling units
1.0
100 to 300 dwelling units
+1.0
Each additional 200 dwelling units (or fraction)
None
1.0
+1.0
None
1.0
2.0
1.0
1.0
25,000 square feet up to 100,000 square feet
+1.0
Each additional 100,000 least 25,000 square feet
None
+1.0
+1.0
None
1.0
+1.0
None
1.0
+1.0
Hotel
Industry or manufacturing
Multi-family dwelling
Office building, including banks
Retail sales and services, per store
Shopping centers (integrated shopping centers, malls and plazas)
having at square feet
Theater, auditorium, bowling alley
or other recreational establishment
Undertaking establishment or
funeral parlor
Wholesale or warehousing (except
mini warehousing)
27-133
ZONING
(Note: The above Section 313 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §312.; further revised to renumber Section
313.3. to replace deleted sections on February 15, 2000, by Ordinance No. 2-15-00-3.)
§314.
LANDSCAPING AND SCREENING REQUIREMENTS.
All landscaping and screening shall be provided in accordance with Section 518 of the SLDO.
(Note: The above Section 314 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §313; further revised on February 15, 2000,
by Ordinance No. 2-15-00-3.)
§315.
OUTDOOR SIGNS.
General Regulations for all Signs.
A.
Signs must be constructed of durable material and maintained in good condition.
B.
No sign shall be maintained within the Township in such a state of disrepair as
to have the appearance of complete neglect, which is rotting or falling down,
which is illegible, or has loose parts separated from original fastenings.
C.
Whenever a sign becomes structurally unsafe or endangers the safety of the
building or premise, or endangers the public safety, the Zoning Officer shall give
written notice to the owner of the premises on which the sign is located that such
sign be made safe or removed within 5 days.
D.
Advertising painted upon or displayed upon a barn or other building or structure
shall be regarded as a flat wall sign and the regulations pertaining thereto shall
apply.
E.
Each sign shall be removed when the circumstances leading to its erection no
longer apply.
F.
Signs may be interior lighted with nonglaring lights, or may be illuminated by
floodlights or spotlights that are shielded so there is no direct light transmitted to
other properties or public rights-of-way.
G.
No sign shall be of the intermittent flashing or rotating type, unless located
within the Industrial Zone.
H.
No sign located within three hundred (300) feet of any traffic light shall be illuminated with red, green or yellow lights or neon tubing.
I.
All electrically illuminated signs shall be constructed to the standards of the
National Board of Fire Underwriters.
J.
Signs must be positioned so that they do not interfere with any clear sight triangles, as required by Sections 306, 310 and 311 of this Chapter.
27-134
(Note: The above Section 315.1.J. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
K.
Determination of Size of Sign Area - The area of a sign shall be construed to
include all lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are displayed,
including any border framing or decorative attachments but not including any
supporting framework or bracing incidental to the display itself. Where the sign
consists of individual letters or symbols attached to a building, wall or window,
the area of the sign shall be considered to be that of the smallest rectangle or
other regular geometric shape which encompasses all of the letters and symbols.
Where a sign has two (2) or more faces, the area of all faces shall be included in
determining the area of the sign; provided, however, for a double face sign if the
interior angle formed by the two faces of the double-face sign is less than fortyfive degrees (45º) and the two faces are at no point more than three (3) feet from
one another, the area of only the larger face shall be included;
L.
No loud, vulgar, indecent or obscene advertising matter shall be displayed in any
manner including, but not limited to:
(1)
Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or any sexual acts which are
prohibited by law.
(2)
Scenes wherein a person displays the vulva or the anus or other genitals.
(3)
Scenes wherein artificial devices are employed to depict, or drawings are
employed to portray any of the prohibited signs, photographs or graphic
representations described above.
(4)
Any other graphic illustration pertaining to specified sexual activities
and/or specified anatomical areas.
27-135
ZONING
M.
No sign shall be erected or located as to prevent free ingress or egress from any
window, door or fire escape.
N.
No sign shall be placed in such a position that it will obscure light or air from a
building or which would create a traffic danger.
O.
No sign shall be permitted which is permanently attached to public utility poles
or trees within the right-of-way of any street.
P.
No sign located within the Floodplain Zone shall exceed six (6) square feet of
area per side.
Q.
In the event that a symbol, trademark or other such figure is used as a sign post
or standard which could be construed to indicate or identify a particular use or
business, that symbol, trademark or figure is to be computed as part of the total
allowable sign area.
R.
In all zones, only those signs referring directly to materials or products made,
sold or displayed on the premises shall be permitted, except as otherwise noted.
S.
No streamers, pennants or other similar materials shall be permitted to be
located on the outside of any building, except that the display of one American
flag is expressly permitted.
T.
Except in the case of billboards and directional signs for open houses and
auctions, all signs must be located on the property that is the subject of the sign.
It is the express intent of this Ordinance to prohibit the use of off-premise and
directional signs.
(Note: The above Section 315.1.T. was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
The following two tables present specific standards imposed upon
permanent and temporary signs, respectively:
27-136
PERMANENT SIGN REQUIREMENTS
Sign Type
Signs owned and associated with uses
operated by the Township. Official
traffic signs.
Maximum
Permitted
Number
Maximum
Permitted
Sign Area
Maximum Height
of
Freestanding Signs
Maximum Height
of
Flat Wall Signs
Maximum Height
of Wall
Projecting Signs
Maximum Projection
from Wall for Wall
Projecting Signs
Permitted
Zones
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
All
No
All
Yes
Signs identifying public and semipublic uses (e.g., schools, churches,
utilities, hospitals, libraries, parks, fire
stations, post offices, and other similar
uses).
2 per principal
use
64 square feet
10 feet
Residential nameplates identifying
name of home, its occupant, or both,
not including name listing on mailbox.
1 per dwelling
unit
2 square feet
10 feet
1 per farm
6 square feet
10 feet
1
2 square feet
5 feet
2 square feet per sign
5 feet
Not Permitted
Farm identification signs
Farm occupation, home occupation
and rural occupation signs
Property control signs (e.g., “No Tres- 1 per 25 lineal
passing,” “Private Property,” “No
feet of property
Hunting or Fishing,” “Posted,” “Private line
Drive,” or similar type signs).
Height of wall to
which sign is attached.
Permit
Required
Not Permitted
Not Permitted
All
No
Height of wall to
which sign is
attached.
Not Permitted
Not Permitted
All
No
Height of wall to
which sign is
attached.
Not Permitted
Not Permitted
All
Sign may
illuminated.
be
No
Not Permitted
Not Permitted
All
Spacing at no less than
25 foot intervals.
No
10 feet
not
Residential development/neighborhood signs. Such signs shall only
list the name of the neighborhood/development and shall not list
any names of contractors, realtors, or
both.
1 per street en- 1 square foot per
trance, but no
dwelling, not to exmore than 2 total ceed 32 square feet
per sign
15 feet
Height of wall to
A, R,R-1,
Height of wall to
10 feet, but no closer
The applicant shall subwhich sign is attac- than 10 feet from any lot R-2, and OS mit a written description
hed.
line.
of the maintenance
responsibilities in a form
satisfactory to the Township Solicitor.
Yes
Individual business signs identifying
the name and type of business, any
trademark of the business conducted on
the premises, or any combination
thereof. This does not include businesses
contained within planned centers, as
defined herein.
1 per principal
use, except that
if site has over
1000 feet of
frontage, then 2
signs permitted.
1 square feet per 5
lineal feet of lot frontage, not to exceed 80
square feet per sign,
except that no freestanding sign shall
exceed 40 square feet.
15 feet
Height of wall to
Height of wall to
20 feet, but not closer
All Zones
which sign is attac- than 10 feet from any lot but R-1
hed.
line.
Zone
No flat wall sign, nor
wall projecting sign
shall be larger than 15%
of the wall area to which
the sign is attached.
Yes
2 square feet per sign
5 feet
No
Yes
On-site directional, entrance, exit, rest 4 per building
room, and other informational signs.
Billboards
10 feet
2 feet
Height of wall to
See §315.3. of this C hapter.
27-137
Height of wall to
10 feet, but no closer
which sign is attac- than 10 feet from any lot
hed.
line.
Other
Requirements
All
TEMPORARY SIGN REQUIREMENTS
Sign Type
Maximum
Permitted
Number
Maximum
Permitted
Sign Area
12 square feet
Temporary signs of contrac- 1 per firm
whose work
tors, architects, mechanics,
landscapers, and artisans, dis- is in progress
played only while actual on-site
work is in progress.
Maximum Height
of Freestanding Signs
Maximum
Height of
Flat Wall Signs
Maximum Height
of Wall
Projecting Signs
Maximum Projection
from Wall for Wall
Projecting Signs
Permitted
Zones
5 feet
Not Permitted
Not Permitted
Not Permitted
All
Should a sign be left on-site beyond allowable
time period, the Township may impound it and
recover a fee from owner equal to cost of impoundment and storage.
No
Permit
Required
Real estate sale, sold, or rent
signs when placed upon the
property (unit) to be rented or
sold, containing less than 3
acres.
1 per street
6 square feet per
frontage,
sign
maximum of
2 signs
5 feet
Height of wall to
Not Permitted
Not Permitted
All
All such signs shall be removed within 5 days
of final sales transaction or upon rental
occupancy, or be subject to Township impoundment and a recovery fee.
No
Real estate sale, sold, or rent
signs when placed upon the
property (unit) to be rented or
sold, containing more than 3
acres.
1 per street
32 square feet
frontage,
per sign
maximum of
2 signs
10 feet
Height of wall to
Not Permitted
Not Permitted
All
Same as above.
Yes
1 square foot
per unit of
occupancy, not
to exceed 32
square feet
10 feet
Height of wall to
Not Permitted
Not Permitted
All, but only Such signs shall be removed upon completion
after final
of construction of final unit.
plan is
approved.
Yes
1 square foot
per 1,000
square feet of
gross leasable
floor area, not to
exceed 64
square feet
10 feet
Height of wall to
Not Permitted
Not Permitted
NC, GC,
All such signs shall be removed upon comRC, FS, Q pletion of building construction.
and I, but
only after final plan approval.
Yes
Not Permitted
Not Permitted
MU, GC,
VC, and I
Such signs may only be used during two
consecutive periods per calendar year, not
exceeding 30 days total.
Yes
Proposed development signs 1 per street
for residential, office, or both, frontage,
maximum of
complexes.
2 signs
Proposed development signs
for commercial uses, industrial uses, other nonresidential, uses, or any
combination thereof.
1 per street
frontage,
maximum of
2 signs
Special event signs for businesses (e.g., grand openings,
change of use or ownership,
closeout sale, clearance sale,
holiday sale, etc.).
1 per busi32 square feet
ness per event
10 feet
Height of wall to
Roadside stand signs for the
sale of agricultural products
upon a principal farm property.
1 per farm
5 square feet
5 feet
Height of wall to Height of wall to
which sign is at- which sign is attactached.
hed.
4 square feet per
sign
5 feet
Height of wall to
12 square feet
5 feet
6 feet
Garage/yard sale signs upon
properties conducting such
sales.
Political signs.
Directional off-premise signs
for open houses and auctions
1
Unlimited
2 per event; 1 6 square feet per
per intersign
section
5 feet
All
Roadside stand signs shall only be displayed
during seasons when products are for sale.
No
Not Permitted
Not Permitted
All
See §302.8. for additional requirements.
No
Height of wall to
Not Permitted
Not Permitted
All
Such signs may only be displayed between 30
days prior to and 5 days after an election.
No
Height of wall to
Not Permitted
Not Permitted
All
Such signs may only be used on the day of the
event. Signs left longer will be subject to an impoundment and recovery fee. No signs shall be
placed upon a street right-of-way. Signs shall
only be permitted with written permission from
the landowner. No sign shall interfere with
pedestrian nor vehicular movement and safety.
No
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Other
Requirements
(27, PART 4)
Permits – All signs requiring permits as per the tables of §315.2. shall require the
obtainment of a permit prior to the erection or installation of the sign.
a)
Application for permit shall be made in writing to the Zoning Officer and shall
contain all information necessary for such Officer to determine whether the
proposed sign, or the proposed alterations, conform to all the requirements of
this Chapter.
All applications for sign permits shall be accompanied by scaled plans or
diagrams showing the following:
i.
ii.
iii.
Exact dimensions of the lot including any right-of-way lines or building
upon which the sign is proposed to be erected;
Exact size, dimensions, and location of the said sign on the lot or
building together with its type, construction, materials to be used, and
the manner of installation; and
Any other lawful information which may be required of the applicant by
the Zoning Officer.
b)
No sign permit shall be issued except in conformity with the regulations of this
Chapter, except upon order of the Zoning Hearing Board, granted pursuant to
the procedures established for the issuance of a variance.
c)
Permits shall be granted or refused within forty-five (45) days from date of
application, or within forty-five (45) days from the date of the Zoning Hearing
Board’s decision (where applicable).
(Note: The above Section 315 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §314; on September 17, 1991, by
Ordinance No. 9-17-1991-1, §§1,2; on February 6, 1996, by Ordinance No. 2-6-1996-1, §§4,5.; the above Section 315.3 was amended on
Dynamic display signs shall be permitted by special exception in any commercial or
industrial zone subject to the following conditions, as well as other applicable
requirements:
A.
Dynamic display signs shall be located no closer than 500 feet to any street
intersection and to any residential zone or use.
B.
All dynamic display signs shall be setback a minimum of 15 feet from the street
right-of-way.
C.
Only one dynamic display sign shall be permitted per property and shall not be
located any closer than 200 feet to any other dynamic display sign on an adjacent
property.
D.
Dynamic display signs shall be permitted to change, alter or move images at a
minimum of a 10 second interval.
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ZONING
E.
The images that are portrayed on the sign must be static and the change to
another static image must be instantaneous without any special effects. The
images that are portrayed shall be complete in it themselves without
continuation of content to the next image, display or to another sign.
F.
All dynamic display signs shall be erected with a light detector or photocell by
which the signs brightness can be dimmed when ambient light conditions
darken. In no case shall a dynamic display sign cause objectionable glare to
motorists, bicyclists and other pedestrian travel along any roadway, pathway or
driveway.
G.
If the sign malfunctions as to create a violation of any of these regulations, as
determined by the Township Zoning Officer, the sign shall be turned off
immediately and kept off until the sign can be repaired to be in full compliance
with the above-mentioned regulations.
H.
Applicants proposing a dynamic display sign shall be required to obtain a sign
permit and a Uniform Construction Code permit in the event an approval is
given to their application.
I.
Any billboard which is a dynamic display sign shall, in addition to the
requirements of this §315.4, meet all requirements of §468. Where there is a
conflict between this §315.4 and §468, the more stringent regulation shall apply.
Section 315.4 was added on August 18, 2009 by Ordinance 8-18-09-1.
§316.
STREET CLASSIFICATIONS.
For the purposes of this Chapter, the Township's streets shall be classified in the following
categories:
Arterial Roads
Lincoln Highway
PA Route 41
U.S. Route 322
Old Philadelphia Pike
Collector Roads
Peters Road
Strasburg Road
Newport Road
Springville Road
White Horse Road
Amish Road
Cains Road
Cambridge Road
Churchtown Road
Meadville Road
Mount Vernon Road
Local Roads
All roads not listed as arterials
or collectors
(Note: The above Section 316 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §315; further revised on February 15, 2000,
by Ordinance No. 2-15-00-3.)
§317.
ZONING REQUIREMENTS FOR USE OF ON-LOT SEWAGE DISPOSAL
SYSTEMS.
As of the effective date of this Chapter, all future uses that rely upon
on-lot sewage disposal systems shall be required to specifically test for and
secure one disposal site
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(field, bed or trench) and another alternate disposal site. Both disposal sites shall be
approved by the Sewage Enforcement Officer. Furthermore, the alternate disposal site
shall be perpetually protected from excavation, construction and other activities that
would result in disturbance of the soils' ability to renovate sewage effluent, until such
time as the alternate field is activated due to malfunction of the initial disposal site.
Regardless of any maximum lot area requirements listed elsewhere in
this Chapter, the minimum required lot size may be increased to ensure an
acceptable level of nitrate-nitrogen in the adjoining groundwaters. Such
determinations will be made by the PA DEP, through its sewer module review
process. In those cases where applicable maximum lot area requirements are
exceeded to protect groundwater quality, the additional land needed in excess
of two (2) acres shall be in the form of an easement on the land adjoining the
two (2) acre tract. No improvements may be constructed within that area
subject to the easement.
(Note: The above Section 317.2 was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
Every use relying upon on-lot sewage disposal systems shall be required
to properly maintain and repair such systems. This shall include the
pumping-out of settling tanks at least once each 3 years.
No. 2-6-1996-1, §6; and on February 2, 1999, by Ordinance No. 2-2-99-2.)
§318.
PERMANENT/TEMPORARY OCCUPANCY REQUIREMENTS.
No persons or family shall be permitted to permanently reside within any tent, travel trailer, bus,
boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper,
or motor home shall be permitted within an approved campground or for periods of up to 7 days
in any calendar year on the property of a friend or relative.
§319.
JUNKYARDS.
The regulations pertaining to junkyards regardless of the zone in which they are located shall be
those regulations which exist in Ord. 1-1966, 1/19/1966, as amended [Chapter 13, Part 2], and
known as the "Salisbury Township Junk Ordinance." Wherever any conflict exists between the
regulations contained in Ord. 1-1966, as amended [Chapter 13, Part 2], and this Chapter, the
more restrictive shall apply.
(Note: The above Section 319 was amended on November 20, 1990, by Ordinance No. 11-20-1990; on January 19, 1993, by Ordinance No. 119-1993-1, §1.)
§320.
OPERATIONS AND PERFORMANCE STANDARDS
All uses within Salisbury Township shall operate in compliance with applicable State and
Federal regulations, as they are periodically amended. The following lists known governmental
regulations associated with various land use impacts. This list in no way excludes or limits
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ZONING
Federal or State jurisdiction over uses within the Township, but is merely provided for
information to applicants and landowners.
Noise Pollution and Vibration: “Rules and
Regulations” of the Pennsylvania Department of Environmental Protection.
Air Pollution, Airborne Emissions and Odor:
“Rules and Regulations” of the
Pennsylvania Department of Environmental Protection.
Water Pollution: The Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S.
691.1 as amended.
Mine Reclamation and Open Pit Setback: Pennsylvania Act No. 1984-219,
the “Non- coal Surface Mining Conservation and Reclamation Act.”
Glare and Heat: “Rules and Regulations” of the
Sewage Disposal: The Pennsylvania Sewage Facilities Act of January 24,
1966. (1965
P.L. 1535, No. 537 and by Act 149 of December 1994, as amended).
(Note: The above Section 320 was amended on February 2, 1999, by Ordinance No. 2-2-99-2; further revised to add the above Section 320.6. on
§321
OUTDOOR STORAGE AND DISPLAY REQUIREMENTS
Shopping Cart Storage – For grocery stores, other stores containing
grocery departments, variety stores, home improvement and building supply
stores, or other uses that provide for the use of shopping carts, the outdoor
storage and collection of shopping carts is permitted under the following
conditions:
A.
Shopping carts may be collected and stored immediately in front of the store
front (upon sidewalks, or under a canopy) and/or within the parking lot;
B.
In no case shall such designed shopping cart storage and collection areas be
located upon any facilities used for vehicle circulation, required parking, and
loading, nor emergency vehicle access (e.g., fire lanes);
C.
Such shopping cart storage and collection areas shall be situated so as to provide
clear pedestrian access (sidewalk or other area) at least eight (8) feet wide
adjoining the storefront; and,
D.
Signage for such shopping cart storage and collection areas shall be governed by
those regulations pertaining to on-site directional and informational signs as
regulated by §315 of this Chapter;
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Seasonal Sidewalk Displays:
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ZONING
A.
Only seasonal merchandise may be displayed, and shall be limited to the
calendar periods between April 1 and October 1, and November 25 and January
5, of each year;
B.
The location of such outdoor displays shall be limited to sidewalks, under
canopies, or other areas immediately in front of the building’s storefront. The
stacking and/or display of such items shall be arranged to provide clear
pedestrian access (sidewalk or other area) at least eight (8) feet wide;
C.
In no case shall the location of such sidewalk display areas occur within any area
used for vehicular circulation, required parking, and loading, nor emergency
vehicle access (e.g., fire lanes);
D.
In no case shall such sidewalk display area exceed fifty percent (50%) of the
lineal storefront dimension.. (For example, a 200-foot long storefront could
display no more than 100 lineal fee of a sidewalk display);
E.
No signage, except as authorized by §315 of the Ordinance, shall be permitted;
and,
F.
The applicant shall submit a working plan to the Township for the cleanup of
litter and debris which may result from such outdoor display. Also, the applicant
shall depict intended sidewalk display areas upon any permits and/or plans
required by the Township. No additional permits shall be required, unless such
area is to change location or size; and,
Special Event Sales:
A.
In addition to the above two special event sales shall be permitted per calendar
year. Such special event sales shall be limited to no more than a total of thirty
(30) days per calendar year,
B.
Special event sales displays shall be located no closer than forty-five (45) feet
from an adjoining street, nor ten (ten) feet from any side or rear lot lines;
(Note: The above Section 321.3.B. was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
C.
Special event sales may be located within the parking lot, provided that such
location minimizes congestion within the parking lot, and those access drives
that provide direct vehicular access to adjoining streets. Within parking lots,
such display areas shall be specifically delineated from the adjoining parking lot
by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or
ropes). Additionally, location within the parking lot shall only be permitted
upon parking spaces in excess of the number required by §312.6. of this
Chapter,
(Note: The above Section 321.3.C. was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
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ZONING
D.
Special event sales shall not be located within the parking lot during the months
of November, December, January, February, and March, because of the potential
need for snow removal;
E.
The area devoted to special event sales displays shall not exceed twenty-percent
(20%) of the gross leasable floor area of the use(s) conducting the special event
sale;
F.
In shopping centers, special event sales shall be jointly held be all of those
occupants of the shopping center who wish to participate. No individual
occupants of a shopping center shall be permitted to conduct separate special
event sales;
G.
All uses conducting a special event sale shall be responsible for the ongoing
cleanup of litter and debris. Also, no exterior public address, nor lighting
systems shall be used which produce impacts beyond the subject property, and,
H.
Signage for special event sales shall comply with the applicable requirements
contained within §315 of this Chapter.
(Note: The above Section 321 was amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
§322
REQUIRED TRAFFIC STUDIES
All uses requiring a traffic study shall provide a study prepared by a professional traffic
engineer according to the requirements of Section 302.5.4. of the SLDO.
(Note: The above Section 322 was amended on February 2, 1999, by Ordinance No. 2-2-99-2; further revised on February 15, 2000, by
§323
COMMON OPEN SPACE REQUIREMENTS
In those instances where open space is required elsewhere in this Chapter, or when an applicant
proposes the use of open space, such open space shall comply with the following:
Required open space shall be designed and arranged to achieve at least
one of the following objectives, and the applicant shall demonstrate those
specific measures employed to achieve these objectives:
A.
Protection of important natural resources (e.g., streams, ponds, wetlands, steep
slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge
areas, etc.);
B.
Protection of important historical and/or archaeological sites;
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C.
Provision of usable play and recreation areas that are conveniently accessible to
residents within the development and the Township; and,
D.
Integration of greenbelts throughout the development that link residences with
on-site or adjoining parks, schools or other similar features.
An essential element of the provision of open space is a written description on
regarding its ownership and/or disposition. Such ownership and/or disposition shall
be accomplished through one of the following:
A.
An offer of dedication to the Township. The Township shall not be obligated to
accept dedication of the common open space;
B.
With permission of the Township, and with appropriate deed restrictions in favor
of the Township and in language acceptable to the Township Solicitor, the
developer may transfer ownership of the common open space or a portion
thereof to a private, nonprofit organization among whose purposes is the
preservation of open space land and/or natural resources. The organization shall
be a bona fide conservation organization with a perpetual existence, the
conveyance must contain appropriate provision for reverter or retransfer if the
organization is unable to maintain the land, and the organization must enter into
a maintenance agreement with the Township; and,
C.
The developer shall provide for and establish an organization for the ownership
and maintenance of the common open space which shall be generally consistent
with the requirements for unit owners; associations found in the Pennsylvania
Uniform Condominium Act, 68 Pa. C.S. §3101 et seq, or the Pennsylvania
Planned Community Development Act. If such an organization is created, the
agreements of sale and deeds for all lots shall contain the following
requirements in language acceptable to the Township Solicitor:
1.
Such organization shall not dispose of the common open space by sale or
otherwise, except to the Township unless the Township has given prior written
approval. Such transfer shall be made only to another organization which shall
maintain the common open space in accordance with this Chapter,
2.
The organization and all lot owners shall enter into a maintenance
agreement with the Township and shall agree to be bound by the
provisions of Article VII of the Pennsylvania Municipalities Planning
Code relating to the maintenance of deteriorating common open space
by municipalities; and,
3.
The Township may require the establishment of a reserve fund to
provide for maintenance of or capital improvements to the common open space.
§324
LITTER
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ZONING
No property shall be developed, used or maintained in a state that creates
litter either on the property or upon and adjoining properties and/or streets.
(Note: The above Section 324.1 was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
Any property containing litter on the effective date of this Chapter shall be
considered nonconforming. Such litter may continue for a period not to exceed
ten (10) days from the effective date of this Chapter. After the ten (10) day
period, such litter shall be removed by the owner, and,
Should any property or use be conducted or maintained in a condition
that causes repeated litter complaints or violations, the owner shall be required,
upon the instruction of the Zoning Officer, to prepare and implement a working
plan for the cleanup of such litter as a condition of zoning compliance.
§325
FORESTRY USES
In accordance with State law, forestry (as defined herein) uses are permitted, by right,
in every zone, subject to the following standards:
Logging Plan Requirements- Every landowner on whose land timber harvesting is to
occur shall obtain a Zoning Permit, as required by this Ordinance. In addition to
the Zoning Permit requirements listed in Section 701 of this Ordinance, the
applicant shall prepare and submit a written logging plan in the form specified
below. No timber harvesting shall occur until a Zoning Permit has been issued.
The provisions of the Permit shall be followed throughout the operation. The
logging plan shall be available at the harvest site at all times during the operation,
and shall be provided to the Zoning Officer upon request. The landowner and
the operator shall jointly and severally responsible for complying with the terms
of the logging plan and the Zoning Permit.
1. Minimum Requirements- At a minimum, the logging plan shall include the
following:
A. Design, construction, maintenance, and retirement of the access system,
including haul roads, skid roads, skid trails, and landings;
B. Design, construction, and maintenance of water control measures and
structures, such as culverts, broad-based dips, filter strips, and water bars;
C. Design, construction, and maintenance of stream and wetland crossings; and,
D. The general location of the proposed operation in relation to municipal and
State highways, including any accesses to those highways.
2. Map – Each logging plan shall include a sketch map or drawing containing the
following information.
A. Site location and boundaries, including both the boundaries of the property on
which the timber harvest will take place, and the boundaries of the proposed
harvest area within that property;
B. Significant topographic features related to potential environmental problems;
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C. Location of all earth disturbance activities, such as roads, landings and water
control measures and structures.
D. Location of all crossings of waters of the Commonwealth; and
E. The general location of the proposed operation to municipal and State
highways, including any accesses to those highways.
3. Compliance With State Law- The logging plan shall address and comply with the
requirements of all applicable State regulations including, but not limited to, the
following:
A. Erosion and sedimentation control regulations contained in Title 25
Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean
Streams Law (35 P.S. Section 691.1 et seq.); and
B. Stream crossing and wetlands protection regulations contained in Title 25
Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety
and Encroachments Act (32 P.S. Section 693.1 et seq.).
4. Relationship of State Laws, Regulations, Permits to the Logging Plan- Any
permits required by State laws and regulations shall be attached to and become
part of the logging plan. An erosion and sedimentation pollution control plan that
satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also
satisfy the requirements for logging plan and associated map specified in Section
325.2.1. and 325.2.2., provided that all information required by these sections is
included or attached.
Required Forest Practices- The following requirements shall apply to all timber
harvesting operations:
1. Felling or skidding on, or across any public road, is prohibited without the express
written consent of the Township or the Pennsylvania Department of
Transportation, whichever is responsible for maintenance of the thoroughfare.
2. No treetops or slash shall be left within twenty-five (25) feet of any public road or
private roadway providing access to adjoining residential property.
3. All treetops and slash between twenty-five (25) and fifty (50) feet from a public
roadway, or private roadway providing access to adjoining residential property, or
within fifty (50) feet of adjoining residential property, shall be lopped to a
maximum height of four (4) feet above the ground.
4. No treetops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
5. Litter resulting from the timber harvesting operation shall be removed from the
site before it is vacated by the operator.
Responsibility for Road Maintenance and Repair; Road Bonding- Pursuant to Title 75
of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania
Code, Chapter 189, the landowner and the operator shall be responsible for repairing
any damage 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, and
shall be required to furnish a bond to guarantee the repair of such potential damages,
as determined by the Township Engineer.
(Note: The above Section 325 was added on August 7, 2001, by Ordinance No. 8-7-2001-2.)
326
MUNICIPAL USES
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ZONING
Municipal uses shall be permitted as uses as of right within all zoning districts.
Municipal uses shall be exempted from minimum lot area, minimum lot width,
minimum lot depth, yard, impervious surface area or coverage, off-street parking,
landscaping and all other requirements of this Ordinance.
(Note: The above section was added on May 16, 2006 by Ordinance 5-16-06-1)
PART 4
SPECIFIC CRITERIA
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§401.
SPECIFIC STANDARDS FOR SPECIAL EXCEPTION AND CONDITIONAL
USES.
In addition to the general criteria listed in §§605(C) and 705, the following sets forth standards
that shall be applied to each individual special exception or conditional use. These standards
must be satisfied prior to approval of any application for a special exception or conditional use.
The applicant shall be required to demonstrate compliance with these standards and must
furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply
with the standards expressed within the underlying zone, unless those standards expressed for
each special exception or conditional use specify different standards; in such case, the specific
special exception or conditional use standards shall apply. The specific criteria of this Part 4
shall also supersede any other conflicting standards listed in other ordinances of the Township.
For the purposes of this Part 4, any required setbacks imposed upon special exceptions or
conditional uses shall be measured from the boundary line of the site for which the special
exception or conditional use is requested, regardless of whether or not this line corresponds to a
property line or a lease line.
(Note: The above Section 401 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §400; amended on February 2, 1999, by
Ordinance No. 2-2-99-2; further revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
§402.
RESERVED FOR FUTURE USE.
§403.
ADULT-RELATED FACILITIES.
Within the (GC) Zone, adult-related facilities are permitted by special
exception, subject to the following criteria:
An adult-related facility shall not be permitted to be located within one thousand
(1,000) feet of any other adult-related facility.
No adult-related facility shall be located within six hundred (600) feet of
any residentially-zoned land.
No establishment shall be located within six hundred (600) feet of any
parcel of land which contains any one or more of the following specified land
uses:
A.
B.
C.
D.
E.
F.
G.
H.
Amusement park.
Camp (for minors' activity).
Child care facility.
Church or other similar religious facility.
Community center.
Museum.
Park.
Playground.
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ZONING
I.
J.
School.
Other lands where minors congregate.
The distance between any two adult entertainment establishments shall be measured
in a straight line, without regard to intervening structures, from the closest point on
the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified above shall be measured in a
straight line, without regard to intervening structures, from the closest point on the
exterior property line of the adult entertainment establishment to the closest point on
the property line of said land use.
No materials, merchandise or film offered for sale, rent, lease, loan or for view upon
the premises shall be exhibited or displayed outside of a building or structure.
Any building or structure used and occupied as an adult-related facility shall be
windowless, or have an opaque covering over all windows or doors of any area in
which materials, merchandise or film are exhibited or displayed and no sale materials,
merchandise or film shall be visible from outside of the building or structure.
No sign shall be erected upon the premises depicting or giving a visual representation
of the type of materials, merchandise or film offered therein.
Each entrance to the premises shall be posted with a notice specifying that persons
under the age of 17 years are not permitted to enter therein and warning all other
persons that they may be offended upon entry.
No adult-related facility may change to another adult-related facility, except upon
approval of an additional special exception.
The use shall not create an enticement for minors because of its proximity to nearby
uses where minors may congregate.
No unlawful sexual activity or conduct shall be permitted.
No more than one adult-related facility may be located within one building or
shopping center.
No. 2-6-1996-3, §7; further amended and renumbered to 403 on February 2, 1999, by Ordinance No. 2-2-99-2.)
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§404.
AIRPORT/HELIPORT.
Within the (A) Zone, airport/heliports are permitted by conditional use,
subject to the following criteria:
Minimum lot area, 30 acres.
All facilities shall be designed and operated in strict compliance with all
applicable State and Federal laws and regulations.
The applicant shall furnish evidence of the obtainment of a license
from the Penn- sylvania Department of Transportation Bureau of Aviation prior
to the approval of the conditional use application.
No part of the take-off/landing strip and/or pad shall be located nearer
than three hundred (300) feet from any property line.
(Note: The above Section 404 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §402; further amended and renumbered to
404 on February 2, 1999, by Ordinance No. 2-2-99-2.)
§405.
AMUSEMENT ARCADES.
Within the (GC) Zone, amusement arcades are permitted by special
All activities shall take place within a completely-enclosed building.
The applicant must furnish evidence as to how the use will be
controlled as to not constitute a nuisance due to noise or loitering outside the
arcade.
A minimum of one parking space for each eighty (80) square feet of
gross leasable floor area shall be provided. In addition, any accessory uses (e.g.,
snack bar) shall also require parking to be provided in accordance with the
schedule listed in §312.6. of this Chapter.
A working plan for the clean-up of litter shall be furnished and
implemented by the applicant.
§406.
AUTOMOBILE
COMPOUNDS.
AUCTIONS
AND/OR
AUTOMOBILE
STORAGE
Within the (I) Zone, automobile auctions and/or automobile parking
or storage compounds shall be permitted by special exception, subject to the
following criteria:
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Any site used for the sale, parking and/or storage of more than one hundred
and fifty
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ZONING
(150) vehicles shall front solely upon collector or arterial streets.
All exterior areas used for the sale, parking and/or storage of automobiles shall be
completely enclosed by a minimum six (6) foot high fence, which shall be subject to
the (I) Zone’s setback requirements imposed upon off-street parking lots.
Access drives shall be governed by §311 of this Chapter for a distance of one hundred
(100) feet from the edge of the street right-of-way. Beyond this, all areas used for
vehicle sales, parking or storage shall not be governed by §312; however, all areas
shall include a nonpaved all-weather, dust-free surface.
Vehicles may be parked and/or stored in a horizontally-stacked configuration;
however, no vehicles shall be located more than one hundred (100) feet from a
minimum eighteen (18) foot wide on-site access drive.
All lighting shall be designed and constructed so as not to cast glare on adjoining
streets and/or properties; and,
In addition to the preceding requirements, automobile auctions shall comply with the
following:
1.
The sales area shall be considered to be that of the smallest rectangle, or other
regular geometric shape which encompasses all display areas, stands, booths,
tables or stalls, plus any adjoining aisles and/or walkways from which
consumers can inspect items for sale. The sales shall include all indoor and
outdoor areas as listed above;
2.
The sales area shall be set back at least fifty (50) feet from all property lines, and
shall be calculated as part of the maximum permitted lot coverage, regardless of
its surface treatment;
3.
Any exterior lighting and amplified public address system shall be arranged and
designed so as to prevent objectionable impact on adjoining properties;
4.
Exterior trash receptacles shall be provided amid any outdoor sales area. Such
trash receptacles shall be routinely emptied so as to prevent the scattering of
litter and debris. All applications shall include a description of a working plan
for the cleanup of litter;
5.
The servicing, reconditioning, demolition, or junking of vehicles is prohibited;
6.
The applicant shall furnish evidence that the disposal of all materials will be
accomplished in a manner that complies with all applicable State and Federal
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regulations; and,
7.
No part of the auction shall be located within two hundred (200) feet of any land
within the (R-1 and R-2) Zones.
§407.
AUTOMOBILE, BOAT, FARM MACHINERY, TRUCK, TRAILER, MOBILE
HOME AND HEAVY EQUIPMENT SERVICE AND REPAIR FACILITIES.
Within the (GC) Zone the above uses are permitted by special
All service and/or repair activities shall be conducted within a
completely-enclosed building.
All uses involving drive-through service shall provide sufficient on-site
stacking lanes to prevent vehicle back-ups on adjoining streets.
No outdoor storage of parts, equipment, lubricants, fuel or other materials
used or discarded, as part of the service or repair operation, shall be permitted.
All exterior vehicle and machinery storage areas shall be screened
from adjoining residentially-zoned properties and streets.
The storage of unlicensed vehicles for more than 60 days is prohibited.
Any ventilation equipment outlets associated with the service/repair work
area(s) shall not be directly towards any adjoining residentially-zoned property.
All vehicles shall be repaired and removed from the premises promptly.
The demolition or junking of vehicles, trailers, boats and other
machinery is prohibited.
§408.
AUTOMOBILE FILLING STATIONS (INCLUDING MINOR INCIDENTAL
REPAIR).
Within the (NC and GC) Zones, automobile filling stations,
(including minor incidental repair) are permitted by special exception, subject to
the following criteria:
The subject property shall have a minimum width of one hundred and
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twenty-five
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(125) feet.
The subject property shall front on an arterial or collector street.
The subject property shall be set back at least three hundred (300) feet
from any lot containing a school, day-care facility, playground, library, hospital
or nursing, rest or retirement home.
The outdoor storage of motor vehicles (whether capable of movement
or not) for more than 1 month is prohibited; however, one covered car (with a
car cover) may be stored in the rear yard, indefinitely.
All structures (including gasoline pump islands but not permitted signs)
shall be set back at least thirty (30) feet from any street right-of-way line.
No outdoor storage of auto parts shall be permitted.
Access driveways shall be a minimum of thirty (30) feet wide and
separated by seventy-five (75) feet from one another, if located along the same
frontage as measured from edge to edge.
All ventilation equipment associated with fuel storage tanks shall be
set back one hundred (100) feet and oriented away from any adjoining
residentially-zoned properties.
§409.
BED AND BREAKFAST.
Within the (A, R and OS) Zones, bed and breakfasts as defined herein
are permitted by special exception, subject to the following criteria:
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 1 week.
No modifications to the external appearance of the building (except
fire escapes) which would alter its residential character shall be permitted.
All floors above-grade shall have direct means of escape to ground level.
One (1) off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit.
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All parking areas shall be set back a minimum of twenty-five (25)
feet from all property lines.
A bed and breakfast may erect one sign no larger than twelve (12) square
feet in size. Such sign must be set back ten (10) feet from all lot lines.
Meals shall be offered only to registered overnight guests.
An approved means of sewage disposal and water supply shall be provided.
The applicant shall furnish evidence that the proposed bed and breakfast
will meet all UCC requirements.
(Note: The above Section 409 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §406; on December 17, 1996, by Ordinance
No. 12-17-1996-2, §20; further amended and renumbered to 409 on February 2, 1999, by Ordinance No. 2-2-99-2. The above Section 409.10
was amended on November 16, 2010 by Ordinance 11-16-10-1.)
§410.
BOARDING HOUSE.
Within the (R-2) Zone, boarding houses are permitted by special
Minimum lot area, one acre.
The applicant shall furnish evidence that approved systems for sewage
disposal and water supply shall be used.
No modifications to the external appearance of the building (except fire escapes) which
would alter its residential character, shall be permitted.
All floors above grade shall have direct means of escape to ground level.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit.
All parking areas shall be set back a minimum of twenty-five (25)
feet from all property lines.
Meals shall be offered only to registered tenants.
One sign, not to exceed six (6) square feet, shall be permitted.
The applicant shall furnish evidence that the proposed bed and breakfast
will meet all UCC requirements.
410 on February 2, 1999, by Ordinance No. 2-2-99-2. Section 410.10 was amended on November 16, 2010 by Ordinance 11-16-10-1.)
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ZONING
§411.
CAMPGROUND.
Within the (OS) Zone, campgrounds are permitted by special exception
on a minimum of ten acres, subject to the following criteria:
Setbacks. All campsites shall be located at least fifty (50) feet from any
side or rear property line, and at least one hundred (100) feet from any public
street line.
Each campsite shall be at least three thousand (3,000) square feet in
size and shall either provide parking space for one automobile which will not
interfere with the convenient and safe movement of traffic or equivalent
parking shall be provided in a common parking area.
An internal street system shall be provided. The pavement width of oneway access drives shall be at least fourteen (14) feet, and the pavement width
of two-way access drives shall be at least twenty-four (24) feet. On-drive
parallel parking shall not be permitted.
All outdoor play areas shall be set back one hundred (100) feet from any
property line and screened from adjoining residentially-zoned properties. Such
outdoor play areas shall be used exclusively by registered guests and their
visitors.
All campgrounds shall furnish centralized sanitary and garbage collection facilities that
shall be set back a minimum of one hundred (100) feet from any property line.
Such facilities shall be screened from adjoining residentially-zoned properties.
Any accessory retail or service commercial uses shall be set back a
minimum of one hundred (100) feet from any property line. Such accessory
commercial uses shall be solely designed and constructed to serve the
campground's registered guests and their visitors. Any parking spaces provided
for these commercial uses shall have vehicular access from the campground's
internal street, rather than the public street. All accessory commercial uses
and related parking shall be screened from adjoining residentially-zoned
parcels.
All campgrounds containing more than 100 campsites shall have
vehicular access to an arterial or collector street as identified on the Official
Zoning Map.
A campground may construct one freestanding or attached sign
containing no more than thirty-two (32) square feet. Any reference to
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accessory commercial or recreational facilities shall remain secondary in size
to the reference of the principal campground use. Such sign shall be set back
at least ten (10) feet from the street right-ofway line, at least one hundred
(100) feet from any residential zone and, at least
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ZONING
twenty-five (25) feet from adjoining lot lines.
A minimum of 20% of the gross area of the campground shall be
devoted to active and passive recreational facilities. Responsibility for
maintenance of the recreation area shall be with the landowner.
During operation every campground shall have an office in which shall be
located the person responsible for operation of the campground.
All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector
control shall be approved and maintained in accordance with the requirements of the
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets.
§412.
CAR WASH.
Within the (GC) Zone, car washes are permitted by special exception,
Public sewer and water facilities shall be utilized.
For automatic and self service car washes, each washing bay shall provide
a minimum one hundred (100) foot long on-site stacking lane which precedes
the washing process. For full service car washes, such on-site stacking shall
be at least three hundred (300) feet per lane;
For full service car washes, a post washing drying area shall be provided
for no less than six (6) vehicles per washing lane;
All structures housing washing apparatuses shall be set back one
hundred (100) feet from any street right-of-way line, fifty (50) feet from any
rear property line, and twenty (20) feet from any side lot line.
Trash receptacles shall be provided and routinely emptied to prevent the
scattering of litter.
The applicant shall demonstrate adequate provision for the collection and
disposal of greases and wastes.
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ZONING
§413.
CHURCHES AND RELATED ACCESSORY USES.
Within the (R, R-1, R-2 and OS) Zones, churches and related
accessory uses are permitted by special exception, and within the (NC and GC)
Zones churches and related accessory uses are permitted by right subject to the
following criteria:
(Note: The above section was amended on July 21, 2015 by Ordinance 07-21-15-1)
House of Worship.
A.
Minimum lot area, two acres.
B.
Minimum lot width, two hundred (200) feet.
C.
All houses of worship shall have vehicular access to an arterial or collector
highway.
D.
E.
Side yard setback, fifty (50) feet on each side.
All off-street parking areas shall be set back at least twenty-five (25) feet from
the street right-of-way line.
Church Related Residences (Rectories and Convents).
A.
All residential uses shall be accessory and located upon the same lot or directly
adjacent to a lot containing a house of worship.
B.
All residential uses shall be governed by the location, height and bulk standards
imposed upon other residences within the site's zone.
Church Related Educational or Day-Care Facilities.
A.
All educational or day-care uses shall be accessory and located upon the same
lot as a house of worship.
B.
If education or day-care is offered below the college level, an outdoor play area
shall be provided, at a rate of one hundred (100) square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor
play areas shall not be located within the front yard and must be set back twentyfive (25) feet from all property lines. Outdoor play areas shall be completely
enclosed by a minimum four (4) foot high fence, and screened from adjoining
residentially-zoned properties. Any vegetative materials located within the
outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic,
etc.). All outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s).
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C.
Enrollment shall be defined as the largest number of students and/or children
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under day-care supervision at any one time during a seven-day period.
D.
Passenger "drop-off" areas shall be provided and arranged so that passengers do
not have to cross traffic lanes on or adjacent to the site.
E.
All educational or day-care uses shall be governed by the location, height and
bulk standards imposed upon principal uses within the underlying zone.
F.
Unless the applicant can demonstrate that the off-street parking associated with
the house of worship is sufficient for the proposed use, one off-street parking
space shall be provided for each six students enrolled below grade ten, and/or
one off-street parking space for each three students, grades ten and above.
§414.
CLUBHOUSES FOR PRIVATE CLUBS.
Within the (OS) Zone, clubhouses are permitted by special exception,
All private clubs shall front and have access to an arterial or collector street.
All off-street parking shall be provided between the front face of the
building and a point twenty-five (25) feet from the right-of-way line of
adjoining street(s). Parking compounds will also be set back thirty (30) feet
from any adjoining residential lot lines.
All outdoor recreation/activity areas shall be set back at least fifty (50)
feet from any property line.
Screening shall be provided along any adjoining residentially-zoned
property.
All clubhouses and related facilities (e.g., pavilions, parking lots, etc.)
shall be at least one hundred (100) feet from all property lines.
Such clubhouses shall be used by an organization whose primary
objective is the use and enjoyment of the natural environment.
The applicant shall describe the specific methods that have been used to
ensure minimum disruption of the site's and area's natural character.
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§415.
CLUSTER DEVELOPMENT (R-1) ZONE.
Within the (R-1) Zone, cluster developments are permitted by conditional
use, subject to the following criteria:
The minimum area devoted to a cluster development shall be two acres.
All units contained within a cluster development shall be served by public
sewer and public water utilities.
Lot Design Requirements. See the following table:
Use
Single-family
Detached Dwelling
Minimum
Lot Area
(sq. ft.)
Maximum
Density
(Units/Net Ac.)
Minimum
Lot
Width1
Maximum
Lot
Coverage
12,000
3
100'
40%
Minimum Yard Requirements
Front
Yard
One
Side
Both
(Sides)
Rear
Yard
30'
10'
20'
25'
1
Preparation of Natural & Cultural Features Inventory and the Delineation of
Required Common Open Space – At least twenty (20%) of the cluster
development site shall be devoted to common open space. As part of the site
planning process for the cluster development, the applicant shall be required to
prepare a detailed natural and cultural features inventory of the site. The
applicant must submit credible evidence of the location and a description of any
of those features listed below:
·
·
·
·
·
·
·
·
100-year floodplains;
steep slopes [greater than fifteen percent (15%)];
wetlands; streams, ponds, or other water bodies;
sinkholes, caves, vistas, or other significant geologic features;
threatened or endangered species habitats;
archaeological resources;
historic resources; and,
significant stands of mature trees.
The intent of providing a detailed natural and cultural features inventory is to ensure
that the proposed cluster development arranges development so as to protect sensitive
and/or important features. Therefore, the applicant is required to demonstrate how the
proposed development satisfies this objective. While it may not be necessary to
protect every individual feature (e.g., isolated trees, rock outcrops and other small
isolated features), the applicant must protect and preserve substantially contiguous
areas and/or important isolated areas of such features. These features shall become all
or part of the required common open space.
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In addition, the applicant can include proposed parklands within required common
open space if such parkland complies with the following:
A.
The site shall be located and designed so that safe and convenient access shall be
provided to all existing and proposed inhabitants. Additionally, each site shall
have at least one (1) area available for vehicular access that is no less than
twenty-four (24) feet in width;
B.
The site shall be sized and configured so as to accommodate its intended uses.
Sufficient lot width/depth dimension shall be provided so as to accommodate,
where practicable, ball fields, courts and other open play areas. Furthermore,
should a development be proposed at a location contiguous to an existing park,
parklands should be provided, where practicable, as an expansion of the existing
facility;
C.
The site shall have suitable topography and soil conditions for use and
development as active play areas. No more than twenty-five percent (25%) of
the site shall be comprised of floodplains, storm water management facilities
and/or slopes exceeding three percent (3%) unless said areas are deemed by the
governing body to have significant natural and/or recreational value as
parklands. Any unimproved site shall be provided with a healthy and vibrant
grass ground cover;
D.
The site shall be located and designed to conveniently access proximate public
utilities (e.g., sewer, water, power, etc.). However, no part of any overhead
utility easement, nor any above ground protrusion of an underground utility
should be permitted in active play areas of the site;
E.
No part of the site shall be calculated as part of any required setback, yard and/or
open space for adjoining lots or uses as regulated by the Zoning Ordinance; and,
F.
The site shall comply with any applicable design, orientation, size and location
guidelines listed in the Township’s Official Comprehensive Plan for its
particular neighborhood.
An essential element of the cluster development application is a written description
and plan for the disposition of ownership of common open space. Such description
shall be provided in accordance with §323 of this Chapter.
§416.
CLUSTER DEVELOPMENT (R-2) ZONE.
Within the (R-2) Zone, cluster developments are permitted by conditional
use, subject to the following criteria:
Within the (R-2) Zone, the minimum area devoted to a cluster development
shall be
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two acres.
All units contained with a cluster development within the (R-2) Zone shall be served
by public sewer and public water utilities.
Lot Design Requirements. See following table:
Minimum
Lot Area
(sq. ft.)
Maximum
Net Density
(Units/Net Ac.)
Minimum
Lot
Width1
Maximum
Lot
Coverage
Single-family
Detached Dwelling
6,000
5.35
60'
Duplexes
5,000
7.26
Townhouses2
1,800
Multiple Family3
87,120
Use
Minimum Yard Requirements
Front
Yard
One
Side
(Both
Sides)
Rear
Yard
45%
25'
10'
20'4
25'
45'
50%
25'
10'
(NA)
25'
9
18'
65%
20'
15'
(End
Units)
20'
9
200'
60%
50'
30'
60'
50'
1
2
No townhouse grouping shall contain more than eight units. For each townhouse grouping containing more than four
units, no more than 60% of such units shall have the same front yard setback the minimum variation of setback shall be
two (2) feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the
ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of fifteen (15) feet from
any parking facilities contained on commonly-held lands. All townhouse buildings shall be set back at least thirty (30)
feet from any perimeter boundary of the development site. In those instances where several townhouse groupings are
contained upon the same lot, the standards listed in the following footnote 3 shall apply.
3
In those instances where several multiple family dwelling buildings and/or townhouse groupings are located on the same
lot, the following separation distances will be provided between each building:
A. Front to front, rear to rear or front to rear, parallel buildings shall have at least fifty (50) feet between faces of the
building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as ten
(10) feet at one end if increased by similar or greater distance at the other end.
B.
A minimum yard space of thirty (30) feet is required between end walls of buildings. If the buildings are at right
angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum
of twenty (20) feet.
C.
A minimum yard space of thirty (30) feet is required between end walls and front or rear faces of buildings.
4
Within cluster developments in the (R-2) Zone, single-family
detached dwellings may employ a zero-lot-line design when the
following conditions have been satisfied:
A.
One side wall of the structure may be located no less than
one (1) inch from one of the side lot lines when adjoining
another zero-lot-line dwelling lot. The opposite side yard
shall be at least twenty (20) feet wide.
B.
A perpetual four (4) foot building wall-maintenance
easement shall be provided on the lot adjacent to the zerolot-line. Such easement shall prohibit the placement of
structures that would interfere with the maintenance of the
wall located along the zero-lot-line. Such easements shall
be recorded on the deed of any zero-lot-line lots.
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C.
The wall of a dwelling located along the zero-lot-line shall have no openings (e.g., windows, doors, air conditioning
units, vents, etc.) unless such openings are located at least eight (8) feet above grade.
D. The zero-lot-line dwelling shall be designed to integrate interior and exterior living areas. The dwelling’s room
layout and configuration of exterior walls should be coordinated so that visibility and pedestrian access are readily
provided between indoor and outdoor living areas.
E.
All groupings of zero-lot-line dwellings shall be separated from other single-family detached dwellings on
conventional lots by a fifty (50) foot-wide landscaped buffer.
Preparation of Natural & Cultural Features Inventory and the Delineation of Required
Common Open Space – At least thirty-five (35%) of the cluster development site shall
be devoted to common open space. As part of the site planning process for the cluster
development, the applicant shall be required to prepare a detailed natural and cultural
features inventory of the site. The applicant must submit credible evidence of the
location and a description of any of those features listed below:
·
·
·
·
·
·
·
·
100-year floodplains;
steep slopes [greater than fifteen percent (15%)];
wetlands, streams, ponds, or other water bodies;
sinkholes, caves, vistas, or other significant geologic features;
threatened or endangered species habitats;
archaeological resources
historic resources; and,
significant stands of mature trees.
The intent of providing a detailed natural and cultural features inventory is to ensure
that the proposed cluster development arranges development so as to protect sensitive
and/or important features. Therefore, the applicant is required to demonstrate how the
proposed development satisfies this objective. While it may not be necessary to
protect every individual feature (e.g., isolated trees, rock outcrops and other small
isolated features), the applicant must protect and preserve substantially contiguous
areas and/or important isolated areas of such features. These features shall become all
or part of the required common open space.
In addition, the applicant can include proposed parklands within required common
open space if such parkland complies with the following:
A. The site shall be located and designed so that safe and convenient access shall be
provided to all existing and proposed inhabitants. Additionally, each site shall
have at least one (1) area available for vehicular access that is no less than
twenty-four (24) feet in width;
B. The site shall be sized and configured so as to accommodate its intended uses.
Sufficient lot width/depth dimension shall be provided so as to accommodate,
where practicable, ball fields, courts and other open play areas. Furthermore,
should a development be proposed at a location contiguous to an existing park,
parklands should be provided, where practicable, as an expansion of the existing
facility;
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C. The site shall have suitable topography and soil conditions for use and
development as active play areas. No more than twenty-five percent
(25%) of the site shall be comprised of floodplains, storm water
management facilities and/or slopes exceeding three percent (3%) unless
said areas are deemed by the governing body to have significant natural
and/or recreational value as parklands. Any unimproved site shall be
provided with a healthy and vibrant grass ground cover;
D. The site shall be located and designed to conveniently access proximate public
utilities (e.g., sewer, water, power, etc.). However, no part of any overhead
utility easement, nor any above ground protrusion of an underground utility
should be permitted in active play areas of the site;
E.
No part of the site shall be calculated as part of any required setback, yard and/or
open space for adjoining lots or uses as regulated by the Zoning Ordinance; and,
F. The site shall comply with any applicable design, orientation, size and location
guidelines listed in the Township’s Official Comprehensive Plan for its
particular neighborhood.
An essential element of the cluster development application is a written description
and plan for the disposition of ownership of common open space. Such description
shall be provided in accordance with §323 of this Chapter.
§417.
COMMERCIAL DAY-CARE FACILITIES.
Within the (NC, R-2 and GC) Zones, commercial day-care facilities are
permitted by special exception, subject to the following criteria:
An outdoor play area shall be provided, at a rate of one hundred (100)
square feet per individual enrolled. Off-street parking compounds shall not be
used as outdoor play areas. Outdoor play areas shall not be located within the
front yard and must be set back at least twenty-five (25) feet from all property
lines. Outdoor play areas shall be completely enclosed by a minimum four (4)
foot high fence and screened from adjoining residentially-zoned properties.
Any vegetative materials located within the outdoor play areas shall be of a
nonharmful type (poisonous, thorny, allergenic, etc.) All outdoor play areas
must provide a means of shade such as a shade tree(s) or pavilion(s).
Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a 7-day period.
Passenger "drop-off" and "pick-up" areas shall be provided on-site and arranged so that the
passengers do not have to cross traffic lanes on or adjacent to the site.
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One off-street parking space shall be provided for each six students enrolled.
§418.
COMMERCIAL HOG OPERATIONS.
Commercial hog operations, where permitted by special exception, are
subject to the following regulations.
(Note: The above Section 418.1. was amended on January 19, 1993, by Ordinance No. 1-19-1993-4.)
All buildings used for the housing of hogs shall consist of a solid
concrete slab or slotted floor.
The minimum lot area shall be twenty-five (25) acres.
(The above Section 418.3 was amended on June 18, 2002, by Ordinance No. 6-18-02-1.)
Any area used for the housing, feeding and watering and/or outdoor
running of hogs shall be set back at least two hundred (200) feet from all
property lines, and five hundred (500) feet from any residential zone.
The applicant shall furnish evidence from the Lancaster Conservation
District that the proposed use has an approved manure management plan that
complies with the PA DEP publications Manure Management for
Environmental Protection and Swine Manure Management. All subsequent
operations on the site shall be required to strictly adhere to this approved
manure management plan.
All uses shall be required to demonstrate compliance with the SWMO.
(Note: The above Section 418 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §416; on January 19, 1993, by Ordinance
§419.
COMMERCIAL POULTRY OPERATIONS.
Commercial poultry operations, where permitted by special exception,
are subject to the following regulations.
(Note: The above Section 419.1. was amended on January 19, 1993, by Ordinance No. 1-19-1993-4.)
The minimum lot area shall be twenty-five (25) acres.
(Note: The above Section 419.2 was amended on June 18, 2002, by Ordinance No. 6-18-02-1.)
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Any area used for the housing of poultry shall be set back at least two hundred (200)
feet from all property lines, and five hundred (500) feet from any residential zone.
The applicant shall furnish evidence from the Lancaster Conservation District that the
proposed use has an approved manure management plan that complies with the PA
DEP publications Manure Management for Environmental Protection and Poultry
Manure Management. All subsequent operations conducted on the site shall be
required to strictly adhere to this approved manure management plan.
§420
COMMERCIAL PRODUCE OPERATIONS
Within the (A and I) Zones, commercial produce operations are permitted
by special exception, subject to the following criteria:
Minimum Lot Area – Fifty (50 acres).
Maximum Permitted Lot Coverage – Thirty percent (30%), including all
impervious surfaces.
The applicant shall submit written evidence from the appropriate review
that the proposed use has an approved nutrient management plan. All subsequent
operations and activities shall be conducted in accordance with such plans. If at
any time, the nutrient management plan is amended, the applicant must again
submit written evidence of plan approval to the Zoning Officer.
The applicant shall furnish evidence from the Lancaster Conservation
District that the proposed use has an approved conservation plan. All
subsequent operations and activities shall be conducted in accordance with such
conservation plan. If, at any time, the conservation plan is amended, the
applicant must again furnish evidence from the Lancaster Conservation District
that the amended plan has been approved.
The applicant shall abide by, and demonstrate a working knowledge of, those
methods that will be employed to comply with the above-required nutrient
management plan and conservation plan.
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If greenhouses, or other buildings with substantially clear or translucent surfaces,
are used, no artificial lighting may be used for growing which can be viewed from
adjoining roads or properties between the hours of official sunset to official
sunrise. Any other lighting on the site shall be designed and arranged so as not to
cast glare on adjoining streets or properties.
Any exhaust or ventilation fans employed shall be oriented and directed away from
the closest residence that is not that of the operator. If said fans are within one
thousand (1,000) feet of the closest subject property line, then the applicant shall
construct a dispersion buffer. Such dispersion buffer shall include a vegetative berm
that will effectively disperse or redirect fan exhaust so that no direct exhaust velocity
is perceptible at any of the subject property lines.
Any driveway or access drive providing for vehicular access to the proposed use shall
be paved and shall maintain a fifty (50) foot wide radius for all turns and
intersections.
Any on-site waste storage facilities shall comply with the requirements of
§201.2.G.(2) of this Chapter.
While a commercial produce operation exists, no subdivision or land development
that would create an additional principal dwelling unit shall be permitted on the
subject property.
The applicant shall submit an analysis of raw water needs (groundwater or surface
water) from either private or public sources, indicating quantity of water required. If
the source is from a municipal system, the applicant shall submit documentation that
the public authority will supply the water needed.
In addition, if the facility is to rely upon non-public sources of water, a water
feasibility study will be provided to enable the municipality to evaluate the impact of
the proposed development on the groundwater supply and on existing wells. The
purpose of the study will be to determine if there is an adequate supply of water for
the proposed development to estimate the impact of the new development on existing
wells in the vicinity. The water feasibility shall be reviewed by the municipal
engineer.
A water system which does not provide an adequate supply of water for the proposed
development, considering both quantity and quality, or does not provide for adequate
groundwater recharge, considering the water withdrawn by the proposed
development, shall not be approved by the municipality.
A water feasibility study shall include the following information:
· calculations of the projected water needs;
· a geologic map of the area with a radius of at least one mile from the site;
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· the location of all existing and proposed wells within one thousand (1,000) feet of
the site, with a notation of the capacity of all high-yield wells;
·
the location of all existing on-lot sewage disposal systems within one thousand
(1,000) feet of the site;
· the location of all streams within one thousand (1,000) feet of the site and all
known point sources of pollution;
· based on the geologic formation(s) underlying the site, the long-term safe yield
shall be determined;
· a determination of the effects of the proposed water supply system on the quantity
and quality of water in nearby wells, streams, and the groundwater table; and,
· a statement of the qualifications and the signature(s) of the person(s) preparing the
study.
Should the proposed use not make use of public water and require more
than 100,000 gallons of water per day, the applicant shall furnish written evidence
of approval from the Susquehanna River Basin Commission.
All commercial produce operations must comply with applicable
storm water management regulations of the SLDO.
The applicant shall be required to obtain an approved land development
under the SLDO.
The applicant shall be required to submit a traffic impact study in
accordance with
The applicant shall be required to submit a written qualified plan for the
removal of all buildings and the reclamation of all topsoil in the event of
discontinuance of the commercial produce operation. If the site is graded during
construction and operation of the commercial produce operation, all topsoil shall
remain on the site in a manner which makes it conveniently accessible for
reclamation. Should the applicant not adequately guarantee the removal of such
buildings and reclamation of topsoil upon discontinuance of the commercial
produce operation at his/her expense, the conditional use shall be denied.
The site shall include one (1) off-street parking space for each employee
during the largest work shift.
No retail sales shall be permitted on the site, except for roadside stands as
permitted by §201.2.G.(1).
All buildings and storage/processing structures shall be set back at least one
hundred
(100) feet from adjoining streets and properties, and all off-street parking and loading
spaces, outdoor storage areas and dumpsters shall be set back at least fifty (50) feet
and screened from adjoining streets and properties.
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One (1) sign as provided for in §315.2. shall be permitted.
Note: The above Section 420.22. was added on February 15, 2000, by Ordinance No. 2-15-00-3.)
§421.
COMMERCIAL RECREATION FACILITIES.
Within the (GC) Zone, commercial recreation facilities are permitted
If the subject property contains more than two acres, it shall front on
an arterial or collector street.
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.
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 fifty (50) feet.
Furthermore, such structures shall not be used for occupancy.
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.
Required parking will be determined based upon the types of activities
proposed and the schedule listed in §312.6. 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 streets.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle back-ups
on adjoining streets during peak arrival periods. Any other collection of fees
(roaming parking lot attendants) shall be conducted in a manner to prevent
vehicle back-ups on adjoining streets. If, at any time after the opening of the
commercial recreation facility, the Supervisors determine that traffic back-ups
are occurring on adjoining streets, and such back-ups are directly related to
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the means of access to the subject property, the
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Supervisors can require the applicant to revise means of access to relieve the undue
congestion.
Any outside pedestrian waiting lines shall be provided with a means of shade.
§422.
COMMERCIAL STOCKYARDS OR FEEDLOTS.
Within the (A and I) Zones, commercial stockyards and feedlots are
Minimum Lot Area –Twenty-five (25) acres
(Note: The above Section 422.2 was amended on June 18, 2002, by Ordinance No. 6-18-02-1.)
No part of the subject property shall be within five hundred (500) feet of
any land within the Rural, R-1 or R-2 Zones.
A working plan for the removal of deceased animals shall be submitted
and continuously implemented by the applicant. In no case shall any deceased
animals remain on the site for more than 24 hours.
All access drives onto the site shall be paved for a distance for at least two
hundred
(200) feet from the street right-of-way line. In addition, a fifty (50) foot long gravel
section of driveway should be placed just beyond the preceding two hundred (200)
foot paved section to help collect any mud that may have attached to a vehicle’s
wheels.
The owner and/or operator shall be responsible for removing any mud
from public streets caused by persons traveling to and from the site.
street parking and loading areas must be provided.
loading/unloading shall be permitted on or along any street.
Adequate offNo parking or
Soil erosion, sedimentation, and storm water runoff shall be controlled in
accordance with all applicable laws and regulations.
A traffic study shall be prepared in accordance with §322 of this Chapter.
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The subject property shall front along and have access to an arterial street.
Any area used for the storage, keeping, feeding, watering, or running of livestock
shall be completely enclosed by suitable fencing to prevent animal escape, and such
area shall be set back at least two hundred (200) feet from all property lines.
All outdoor loudspeaker and lighting systems shall be designed, arranged and
operated so as to prevent objectionable impact on adjoining parcels and streets.
The applicant must obtain and submit all necessary State permits and approvals.
(Note: The above Section 422 was amended and renumbered on February 2, 1999, by Ordinance No. 2-2-99-2.)
§423.
COMMUNICATION ANTENNAS, TOWERS AND EQUIPMENT.
Within the (I and OS) Zones, communications antennas, towers and
equipment shall be permitted by special exception, subject to the following
criteria:
The applicant shall demonstrate that the proposed location is necessary
for the efficient operation of the system.
Any communication tower shall be set back from each property line a
distance equal to its height, plus fifty (50) feet. This setback shall also be
applicable to guide wire anchors for the communication tower.
All towers and guide wire anchors shall be completely enclosed by a
minimum eight
(8) foot high fence with a self-locking gate.
All ground-mounted satellite dishes that are used to transmit video
format data shall be completely enclosed by a minimum eight (8) foot high,
non-climbable fence that includes signage warning of dangerous radiation
levels. Any gates within the fence shall be locked when unattended.
The applicant shall furnish expert testimony regarding the construction
methods or other measures used to prevent (1) the toppling of any
communication tower onto adjoining properties and/or streets, and (2) the
wind-borne scattering of ice onto adjoining properties and/or streets.
No site shall be located within five hundred (500) feet of:
1.
any land within the (R-1, R-2, or Rural) Zones;
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2.
the nearest property line of any existing residence;
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3.
the nearest property line of any approved lot which has been subdivided during
the last five (5) years for residential purposes, which has not yet been
constructed; and,
4.
the nearest property line of any lot proposed for residential purposes which has
been submitted for preliminary or final subdivision approval;
The applicant shall submit notice of approval for the proposed installation from the
Federal Aviation Administration and the Federal Communications Commission.
Communications antennas which are capable of transmitting signals shall not create
electrical, electromagnetic, microwave, or other interference off-site.
The applicant shall submit expert testimony that the communication tower or antenna
is the minimum height required to function satisfactorily.
The applicant shall submit a plan for the removal of the communication tower and the
communication antenna when they become functionally obsolete or are no longer in
use. The applicant shall be responsible for the removal of the facility within three (3)
months from the date the applicant ceases use of the facility or the facility becomes
obsolete.
In order to reduce the number of antenna support structures needed in the Township in
the future, any proposed support structure shall be designed to accommodate other
users, including, but not limited to, police, fire and emergency services.
If an antenna site is fully automated, two (2) 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 (2) off-street parking spaces.
No land development approval will be required for the erection of cellular towers and
accessory equipment buildings. A subdivision plan will be required from applicants
who propose to lease or purchase a portion of an existing tract; however, applicants
who are only obtaining a license to erect such towers will not be required to obtain
subdivision approval.
§424.
CONVENIENCE COMMERCIAL CENTER.
Within the (I) Zone convenience commercial centers are permitted by
special exception, subject to the following criteria:
One convenience commercial center may be established in each (I) Zone that contains
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at least 150 contiguous acres.
No individual lot within the convenience commercial center shall contain less than one
acre nor be less than one hundred and fifty (150) feet wide.
A convenience commercial center shall include a combination of at least three of the
following uses:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Convenience grocery and/or dairy stores.
Pharmacies and/or drug stores.
Dry cleaner store branches (not including on-site cleaning).
Restaurants including fast-food facilities.
Automobile filling stations (including accessory service and/or repair facilities).
Barbers and beauty salons.
Photocopying stores.
Banks and other similar financial institutions.
Retail sales of stationery, office supplies.
Photographic studios.
No convenience commercial center shall exceed 10% of the total land area devoted to the
adjoining (I) Zone, and in no case shall a neighborhood convenience center exceed
two acres in size.
The overall acreage of a proposed convenience commercial center shall not exceed the
actual acreage devoted to permitted uses within the (I) Zone that have already
been constructed and occupied.
All buildings, structures, parking lots, off-street loading areas, signs, dumpsters and access
drive associated with a convenience commercial center shall be set back at least
one hundred (100) feet and screened from any adjoining residentially-zoned
property.
Convenience commercial centers shall be linked to the surrounding (I) Zone development
by safe and convenient walkways.
No more than two access drives shall provide vehicular access to a convenience commercial center. In no case shall a convenience commercial center front along, nor
have direct vehicular access onto, PA Route 30.
Only one freestanding sign shall be permitted within a convenience center. Such freestanding sign shall not exceed one hundred (100) square feet in size and no less than
50% of the total sign area shall be devoted to the advertisement of the convenience
commercial center's name. Such sign shall be set back at least ten (10) feet from all
property lines. Individual attached business signs are also permitted subject to the
provisions of §315 of this Chapter.
All convenience commercial centers shall be functionally and visually integrated with shared
parking, vehicular access, signage and landscaping.
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No building nor structure shall exceed a total height of twenty-five (25) feet.
All other requirements of the (I) Zone shall apply to convenience commercial centers.
425
CONVENIENCE STORES
Within the (GC and RC) Zones, convenience stores are permitted
A minimum of one (1) parking space for each seventy-five (75) square
feet of gross floor area shall be provided.
Exterior trash/recycling receptacles shall be provided and routinely emptied
to prevent the scattering of litter.
The subject property shall have a minimum width of two hundred (200) feet.
The subject property shall front on an arterial or collector road.
All structures (including gasoline pump islands, but not permitted
signs) and machinery shall be set back at least fifty (50) feet from any street rightof-way line.
Access driveways shall be in compliance with Section 311.
All dumpsters shall be enclosed within a fence.
(Note: The above Section 425 was amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
426
CONVENTION CENTERS
Within the (I) Zone, convention centers are permitted by special exception,
Convention centers may include any of the following uses, provided such
uses are primarily sized, located and designed as one integrated development to
serve those persons or groups of persons attending the convention center, and
not the general public:
A.
B.
C.
D.
E.
F.
Offices;
Hotels and motels;
Meeting rooms and auditoriums;
Banquet and social halls;
Restaurants (excluding fast-food restaurants);
Taverns and nightclubs;
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G.
H.
I.
J.
Indoor theaters and arenas;
Sports stadiums;
Retail shops and concessionaires;
Personal service shops (i.e., barbers, salons, dry cleaners, tailors, shoe repair, but
excluding adult-related uses);
K. Commercial day-car facilities;
L. Information centers and booths; and,
M. Outdoor activities provided that no such activities shall be conducted upon any
area of required off-street parking or off-street loading, including outdoor
amusements, shows for automobiles, consumer goods, agricultural equipment,
supplies and livestock, sports equipment, boats, home and building materials
and landscaping, community festivals, carnivals, circuses, concerts and other
similar events.
Minimum Required Lot Area – Ten (10) acres.
All uses shall be served by both public sewer and public water utilities.
The subject property shall front upon an arterial street.
(Note: The above Section 425.5. was revised on February 15, 2000, by Ordinance No. 2-15-00-3. The above section was renumbered
on April 1, 2003, by Ordinance No. 4-1-03-1.)
Required parking will be determined based upon a combination of the types of
activities proposed and the schedule listed in §312.6. of this Chapter. In addition, an
unimproved grassed overflow parking area to be provided for peak use periods shall
be required. 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
streets. Soil erosion, sedimentation and storm water runoff shall be controlled in
accordance with all applicable laws and regulations. If, at any time after the opening
of the facility, the Supervisors determine that traffic backups are occurring on
adjoining streets, and such backups are directly related to the lack of on-site parking,
the Supervisors can require the applicant to revise and/or provide additional on-site
parking space.
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
streets. If, at any time after opening, the Township determines that traffic backups are
occurring on adjoining streets, and such backups are directly related to the means of
access to the subject property, the Township can require the applicant to revise means
to relieve the undue congestion.
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Any outside pedestrian waiting lines shall be provided with a means of shade.
The applicant shall furnish expert 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.
Those uses involving extensive outdoor activities and/or display shall
provide sufficient screening and/or landscaping measures to mitigate any visual
and/or audible impacts on adjoining properties and streets. No outdoor storage is
permitted.
A traffic study shall be prepared by a professional traffic engineer, in accordance with
Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system
will not exceed the ambient noise levels of the use, as measured at each of the property lines.
The convention center is eligible to utilize signage applicable to shopping centers, as listed in §459.9. of this chapter.
426.14. All uses within the convention center shall be linked with sidewalks and/or pathways
to facilitate safe and efficient pedestrian movements.
(Note: The above Section 425 was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on April 1,
2003, by Ordinance No. 4-1-03-1.)
§427.
DRIVE-THROUGH AND/OR FAST-FOOD RESTAURANT.
Within the (RC) Zone, drive-through and/or fast-food restaurants are
permitted by conditional use and within the (GC) Zone drive-through and/or
fast-food restaurants are permitted by special exception, subject to the following
criteria:
Exterior trash receptacles shall be provided and routinely emptied so to
prevent the scattering of litter. All applications shall include a description of a
working plan for the clean-up of litter.
All drive-through window lanes shall be separated by curb from the
parking lot's interior driveways.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
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All exterior seating/play areas shall be completely-enclosed by a three (3) foot high
fence.
Any lot adjoining land within a Residential Zone shall maintain a thirty-five (35) foot
setback for buildings, structures, off-street parking lots, loading areas and outdoor
storage areas, from the residentially-zoned parcels. Such areas shall be used for a
landscaped strip and screen.
(Note: The above Section 426.7. was amended on February 6, 1996, by Ordinance No. 2-6-1996-3. The above section was renumbered on April
1, 2003, by Ordinance No. 4-1-03-1.)
No. 2-6-1996-3, §8; further amended and renumbered to 426 on February 2, 1999, by Ordinance No. 2-2-99-2 The above section was
renumbered on April 1, 2003, by Ordinance No. 4-1-03-1.)
§428.
DRY CLEANERS, LAUNDRIES AND LAUNDROMATS.
Within the (NC) Zone, dry cleaners, laundries and laundromats are
permitted by special exception, and within the (GC and RC) Zones dry cleaners,
laundries and Laundromats are permitted by right subject to the following criteria:
(Note: The above section was amended on July 21, 2015, by Ordinance No. 7-21-15-1
Public sewer and water shall be used.
All activities shall be conducted within a completely-enclosed building.
During operation or plant clean-up and maintenance, all windows and
doors on walls facing adjoining residential zones shall be kept closed.
Any exhaust ventilation equipment shall be directed away from
adjoining residentially-zoned property.
Self-service laundromats shall require one off-street parking space
for each two washing machines; other laundry-related uses shall provide
one off-street parking space for each four hundred (400) square feet of gross
floor area.
427 on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on April 1, 2003, by Ordinance No. 4-1-03-1.)
§429.
ECHO HOUSING.
Within the (A, R and OS) Zones, ECHO housing is permitted by special
(Note: The above Section 428.1. was amended on May 7, 1996, by Ordinance No. 5-7-1996-1. The above section was renumbered on April 1,
2003, by Ordinance No. 4-1-03-1.)
The elder cottage shall be of portable construction and may not exceed
nine hundred (900) square feet of floor area.
The total building coverage for the principal dwelling, any existing
accessory structures and the elder cottage together shall not exceed the
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maximum lot coverage re-
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quirement for the zone.
The elder cottage shall only be occupied by at least one person who is at least 50 years
old, handicapped or disabled and is related to the occupants of the principal dwelling
by blood, marriage or adoption.
429.5.
The elder cottage shall be occupied by a maximum of two people.
Utilities.
A.
For sewage disposal and water supply and all other utilities, the elder cottage
shall be physically connected to those systems serving the principal dwelling.
No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards.
B.
If on-site sewer or water systems are to be used, the applicant shall submit
evidence to the Zoning Hearing Board showing that the total number of
occupants in both the principal dwelling and the elder cottage will not exceed
the maximum capacities for which the one unit systems were designed, unless
those systems are to be expanded, in which case the expansion approvals are to
be submitted. Any connection to or addition to an existing on-site sewer system
shall be subject to the review and approval of the Sewage Enforcement Officer.
A minimum of one all-weather off-street parking space, with unrestricted
ingress and egress to the street, shall be provided for the elder cottage, in addition
to that required for the principal dwelling.
The elder cottage shall be installed and located only in the side or rear yards,
and shall adhere to all side and rear yard setback requirements for principal uses.
The elder cottage shall be removed from the property within 3 months
after it is no longer occupied by a person who qualifies for the use.
Upon the proper installation of the elder cottage, the Zoning Officer
shall issue a temporary zoning permit. Such permit shall be reviewed every 12
months until such time as the elder cottage is required to be removed. A fee, in
the amount to be set by the Board of Supervisors, shall be paid by the landowner
upon each renewal of the temporary zoning permit. Such fee shall be based upon
the cost of the annual review of the permit.
(Note: The above Section 428 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §424; on May 7, 1996, by Ordinance No. 57-1996-1, §3; further amended and renumbered to 428 on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on
April 1, 2003, by Ordinance No. 4-1-03-1.)
430
FARMERS AND/OR FLEA MARKEST
Within the (GC) Zone, farmers and/or flea markets are permitted by special
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The retail sales area shall be considered to be that of the smallest rectangle, or other
regular geometric shape which encompasses all display stands, booths, tables or stalls,
plus any adjoining aisles and/or walkways from which consumers can inspect items
for sale. The retail sales area shall include all indoor and/or outdoor areas as listed
above.
The retail sales area shall be set back at least fifty (50) feet from all property lines, and
shall be calculated as part of the maximum permitted lot coverage, regardless of its
surface treatment.
Off-street parking shall be provided at the rate of one space per each two hundred
(200) square feet of retail sales area, and shall be designed in accordance with §507 of
the SLDO.
Off-street loading shall be provided at the retail sales, as listed in §313.3. of this
Chapter. Again, the retail sales area, as described above, shall be used to calculate
needed loading space(s).
All outdoor display and sales of merchandise shall cease no less than one hour prior to
dusk.
Any exterior amplified public address system shall be arranged and designed so as to
prevent objectionable impact on adjoining properties.
Exterior trash receptacles shall be provided amid any outdoor retail sales area. Such
trash receptacles shall be routinely emptied so as to prevent the scattering of litter and
debris. All applications shall include a description of a working plan for the clean-up
of litter.
2003, by Ordinance No. 4-1-03-1.)
§431.
FARM HOUSE EXPANSION.
Within the (A) Zone, single-family detached dwellings located on a
farm of at least twenty-five (25) acres may be expanded to a two-family
dwelling by special exception, subject to the following criteria:
(Note: The above Section 430.1 was amended on June 18, 2002, by Ordinance No. 6-18-02-1. The above section was renumbered on April 1,
2003, by Ordinance No. 4-1-03-1.)
The additional dwelling unit must be occupied by either the principal
owner or their son, daughter or parent.
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The maximum density shall not exceed one dwelling unit per twenty-five
(25) acres.
(Note: The above Section 430.3 was amended on June 18, 2002, by Ordinance No. 6-18-02-1. The above section was renumbered on April 1,
2003, by Ordinance No. 4-1-03-1.)
The applicant shall furnish evidence that the applicant has a sewage
permit issued by the Sewage Enforcement Officer.
A single-family detached dwelling may not be expanded to a two-family
dwelling if a tenant house is located on the farm.
The single-family detached dwelling may not be expanded for the
purposes of estab- lishing a rental unit.
(Note: The above Section 430 was amended on November 20, 1990, by Ordinance No. 11-20-1990; on August 2, 1994, by Ordinance No. 8-21994-2, §2; further amended and renumbered to 430 on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on
§432.
FARM OCCUPATIONS.
Within the (A and OS) Zones, farm occupations are permitted by special
exception, subject to the following:
One farm occupation is permitted which must be conducted as an
accessory use to an existing, actively-farmed parcel containing at least twentyfive (25) acres on or before December 22, 1996, or forty (40) acres for any
farm parcels created after December 22, 1996.
In its review of the special exception request for a farm occupation,
the Zoning Hearing Board shall determine the number of full-time nonresident
employees involved in the on-site conduct of the farm occupation.
The farm occupation shall be located within one or more buildings that
have no more than a combined total of four thousand (4,000) square feet
of gross floor area. Existing buildings that existed as of the effective date
of the ordinance may be converted for farm occupations without limitation on
size, provided the area for farm occupation is delineated from farm
occupations. In the event any new building is constructed for use by the
farm occupation it shall be located behind the farm’s principal buildings, or
must be no less than one hundred (100) feet from adjoining streets or
properties. Any new building constructed for use by the farm occupation shall
be of a design so that it can be readily converted to agricultural use, or removed
if the farm occupation is discontinued.
Outdoor storage of items associated with the farm occupation is
permitted in the rear yard up to a maximum of four thousand (4,000) square feet.
The outdoor storage area shall not at any time exceed the interior gross floor
area devoted to the farm occupation. No materials shall be stacked to a height
exceeding six (6) feet. All outdoor storage areas shall be screened from
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adjoining streets and properties with the type and placement of screening to be
approved by the Zoning Hearing Board.
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No part of a farm occupation shall be located within one hundred (100)
feet of any side or rear lot line, nor five hundred (500) feet of any land within a
residential zone. Such distances shall be measured as a straight line between
the closest points of any physical improvement associated with the farm
occupation and the property/zoning line.
Trucks, trailers, equipment, etc. associated with the farm occupation may
be stored on the lot. Such trucks, trailers and equipment associated with the
farm occupation shall be parked behind the farm occupation building within the
delineated outdoor storage area.
No manufacturing, mechanical or industrial use shall be permitted which causes any noise,
odor, glare, fume, smoke, dust, vibration, electromagnetic interference or other
hazard that is noticeable at or beyond the closest lot line. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances shall be permitted, except for wastewater treatment.
One nonilluminated sign not exceeding two (2) square feet shall be
permitted and shall be set back a distance at least equal to its height from every
lot line.
For farm parcels of up to 50 acres in size, while any farm occupation
exists, no nonfarm subdivision of the site (except as per §461) shall be
permitted.
Retail sales shall be limited to goods and materials that are produced onsite. Products and components of products produced on-site may be sold at
retail. In no case shall the area devoted to retail sales comprise more than 20%
of the gross floor area of the building or portion of the building in which the
farm occupation is conducted.
The applicant shall provide evidence indicating that the disposal of all
materials and wastes will be accomplished in a manner that complies with
State and Federal regulations. Such evidence shall, at a minimum, include
copies of contracts with waste haulers licensed to operate within Lancaster
County which have been contracted to dispose of the materials and wastes
used or generated on-site or some other legal means of disposal. No burning of
waste is permitted. The zoning permit for this use shall remain valid only so
long as such contracts remain in effect and all materials and wastes are
properly disposed on a regular basis. Should the nature of the farm
occupation change in the future, such that the materials used or wastes
generated changes significantly either in type or amount, the owner of the
farm operation shall so inform the Zoning Officer, and shall provide
additional evidence demonstrating continued compliance with the requirements
of this Section.
All trash dumpsters shall be located within the allowed outdoor storage
area, screened from adjoining streets and properties and completely enclosed
with a masonry or fenced enclosure equipped with a self-latching door or gate.
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Upon the approval of the application and construction of the use, the
Zoning Officer shall issue a temporary certificate of use and occupancy. Such
certificate shall be reviewed every 12 months until such time as the use is
removed. A fee, in the amount to
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be set by the Board of Supervisors, shall be paid by the landowner upon each renewal
of the temporary certificate of use and occupancy. Such fee shall be based upon the
cost of the annual review. To perform such review, the Zoning Officer will forward a
survey form to the owner of the use, regarding the scale of operation of the use. The
failure to accurately complete and return the survey shall be a violation of this
Chapter, if the use continues to exist.
No. 12-17-1996-2, §6; further amended and renumbered to 431 on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was
renumbered on April 1, 2003, by Ordinance No. 4-1-03-1. Section 432 was deleted in its entirety and replaced on November 16, 2010 by
Ordinance 11-16-10-1.)
§433.
FARM SUPPORT BUSINESSES.
[Reserved.]
§434.
GOLF COURSE.
Golf courses shall be permitted by conditional use in the (A) Zone,
subject to the following standards:
The site shall contain no less than thirty (30) acres. The site shall not be
comprised of a majority of Class I, II or III soils as identified by the soil survey.
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.
Golf Paths – Golf paths shall be graded so as to discharge storm water
runoff. Surface conditions of paths shall be provided with a dust-free surface.
The golf course design shall minimize golf path crossings of streets, access
drives and driveways. Easily identifiable golf 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 path crossings of
streets, access drives and driveways. Golf path crossing shall conform with §506
of the SLDO.
All golf course buildings shall be set back seventy-five (75) feet from any
adjoining streets and one hundred (100) feet from adjoining residential structures
or parcels.
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ZONING
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:
A.
Restaurant, snack bar, lounge, and banquet facilities;
B.
Locker and rest rooms;
C.
Pro shop;
D.
Administrative offices;
E.
Golf cart and maintenance equipment storage and service facilities;
F.
Guest lodging for those using the golf course, provided:
i.
no lodging units have separate exterior means of ingress/egress;
ii.
all lodging units shall be contained within the main clubhouse;
and,
iii.
such guest lodging shall have a total occupancy of no more than
twenty (20) persons;
G.
Fitness and health equipment, including workout machines, spas,
whirlpools, saunas, and steamrooms;
H.
Game rooms, including card tables, billiards, ping-pong, video games,
pinball machines, and other similar table games; and,
I.
Baby-sitting rooms and connected fence-enclosed playlots.
2.
Accessory recreation amenities located outside of a building, including:
A.
Driving range, provided that the applicant shall furnish expert evidence
that all lighting has been arranged to prevent glare on adjoining
properties and streets;
B.
Practice putting greens;
C.
Swimming pools;
D.
Tennis, platform tennis, handball, racquetball, squash, volleyball, and
badminton courts;
E.
Boccie ball, croquet, shuffleboard, quoits, horseshoe pits, and washers
courses;
F.
Picnic pavilions, picnic tables, park benches, and barbecue pits;
G.
Hiking, biking, horseback riding, and cross-country ski trails; and,
H.
Playground equipment and playlot games, including 4-square, dodgeball,
tetherball, and hopscotch.
3.
Freestanding maintenance equipment and supply buildings and storage yards.
All outdoor storage of maintenance equipment and/or golf carts shall be set back at
least one hundred (100) feet and screened from adjoining residential structures and
streets.
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
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be screened from adjoining streets.
§435.
GROUP DAY-CARE FACILITY.
Within the (A, R, R-1, OS and R-2) Zones, group day-care facilities are
(Note: The above Section 434.1. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2. The above section was renumbered on
All group day-care facilities shall be conducted within a detached
single-family dwelling.
A group day-care facility shall offer care and supervision to no more
than six (6) different minors during any calendar day.
All group day-care facilities with enrollment of more than three minors
shall furnish a valid registration certificate for the proposed use, issued by the
Pennsylvania Depart- ment of Public Welfare.
An outdoor play area no less than four hundred (400) square feet in
area shall be provided. Such play area shall not be located within the front
yard nor any vehicle parking lot. Outdoor play areas shall be set back at least
twenty-five (25) feet and screened from any adjoining residentially-zoned
property. A minimum four (4) foot high fence shall completely enclose the
outdoor play area. Any vegetative materials located within the outdoor area
shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must include a means of shade such as a tree(s) or
pavilion.
Passenger "drop-off" and "pick-up" areas shall be provided on site and
arranged so that passengers do not have to cross traffic lanes on or adjacent to
the site.
§436.
HEALTH AND FITNESS CLUB.
Within the (GC and RC) Zones, health and fitness clubs are permitted
Off-street parking shall be provided as required by the combination of
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elements comprising the health club, including accessory uses.
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ZONING
All outdoor recreation facilities shall be set back at least fifty (50) feet
from the street right-of-way line, and twenty-five (25) feet from all other lot
lines and one hundred
(100) feet from any residentially-zoned properties.
Any accessory eating, or retail use, shall not be directly accessible
without passing through the main club house building.
All lighting of outdoor recreation areas shall be arranged to prevent glare
on adjoining properties and streets.
§437.
HEAVY EQUIPMENT SALES, SERVICE, AND/OR REPAIR FACILITIES.
Within the (I) Zone, heavy equipment sales, service and/or repair service
facilities are permitted by special exception, subject to the following criteria:
All service and/or repair activities shall be conducted within a
All uses involving drive-through service shall provide sufficient on-site
stacking lanes to prevent vehicle backups on adjoining streets.
All exterior storage and/or display areas shall be screened from adjoining
residentially-zoned properties. All exterior storage/display areas shall be set
back at least fifty (50) feet from adjoining street lines and shall be covered in
an all weather dust- free surface.
The storage of junked vehicles, boats, machinery, trucks, trailers, mobile
homes, and heavy equipment vehicles on the property is prohibited.
Any ventilation equipment outlets associated with the service/repair work
area(s) shall not be directly towards any adjoining residentially-zoned property.
All vehicles shall be repaired and removed promptly from the premises.
§438.
HEAVY INDUSTRIAL USES.
Within the (I) Zone, heavy industrial uses are permitted by special
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ZONING
The applicant shall provide a detailed description of the proposed use in
each of the following topics:
A.
The nature of the on-site processing operations, the materials used in the
process, the products produced and the generation and methods for disposal of
any byproducts.
B.
The general scale of the operation in terms of its market area, specific floor
space requirements for each step of the industrial process, the total number of
employees on each shift and an overall needed site size.
C.
Any environmental impacts that are likely to be generated (e.g., noise, smoke,
dust, litter, glare, vibration, electrical disturbance, waste water, storm water,
solid waste, etc.) and specific measures employed to mitigate or eliminate any
negative impacts. The applicant shall further furnish evidence that the impacts
generated by the proposed use fall within acceptable levels as regulated by
applicable laws and ordinances.
D.
A traffic study prepared in accordance with §322 of this Chapter.
§439.
HOME OCCUPATION.
Within the (R-1, A, R, OS and R-2) Zones, home occupations are
Only single-family detached dwellings may contain a home occupation.
No more than one nonresident employee may be permitted.
Such occupations shall be incidental or secondary to the use of the
property as a residence and are limited to those occupations customarily
conducted within a dwelling unit.
Only one home occupation per dwelling is permitted.
Two off-street parking spaces in addition to those required of residence
units shall be required. Such parking spaces shall be screened from adjoining
properties.
No goods shall be visible from the outside of the dwelling.
The area used for the practice of a home occupation shall occupy no
more than 25% of the total floor area of the dwelling unit or 500 square feet,
whichever is less. All home occupation activities shall be conducted within the
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dwelling building.
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ZONING
No manufacturing, repairing or other mechanical work shall be performed
in any open area. Such activity shall be conducted in such a way that no
noise, odor, vibration, electromagnetic interference or smoke shall be
noticeable at or beyond the property line.
No external storage of materials or products shall be permitted. No
storage in accessory structures or attached garages shall be permitted.
The exterior appearance of the single-family detached dwelling shall be
constructed or maintained as a residential dwelling.
One nonilluminated sign, not to exceed two (2) square feet in display
area, shall be permitted.
(Note: The above Section 438 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §432; on September 17, 1991, by
Ordinance No. 9-17-1991-2, §1; on December 17, 1996, by Ordinance No. 12-17-1996-2, §4; further amended and renumbered to 438 on
February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on April 1, 2003, by Ordinance No. 4-1-03-1.)
§440.
HOME IMPROVEMENT AND BUILDING SUPPLY STORES.
Within the (GC and RC) Zone, home improvement and building supply
stores are permitted by special exception, subject to the following criteria:
1, 2003, by Ordinance No. 4-1-03-1.)
If the subject property contains more than two (2) acres, it shall front
along an arterial or collector street.
The retail sales area shall be all areas open for public display,
including, but not limited to, shelves, racks, bins, stalls, tables, and booths,
plus any adjoining aisles or walkways from which consumers can inspect items
for sale. The retail sales area shall include both interior and exterior areas as
listed above.
Off-street parking shall be provided at the rate of one space for each two
hundred
(200) square feet of interior retail sales area, plus one (1) space for each five hundred
(500) square feet of exterior retail sales area.
All exterior retail sales areas shall include a dust-free surface and a
completely enclosed minimum six (6) foot high fence and gate.
All exterior storage and retail sales areas (exclusive of nursery and garden
stock) shall be located within a side and/or rear yard, and shall be screened from
adjoining streets and properties.
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ZONING
The applicant shall furnish expert evidence that any exterior amplified public address
system and/or exterior lighting has been arranged and designed so as to prevent
objectionable impact off the site.
Any drilling, cutting, sawing, mixing, crushing or some other preparation of building
materials, plus any testing or repair of motorized equipment shall be conducted within
a completely-enclosed building.
§441.
HOSPITAL AND RELATED USES.
Within the (G-C) Zone, hospitals are permitted by special exception,
Minimum Lot Area - Five (5) acres.
The subject property shall have frontage along an arterial street.
Adequate provision shall be made for a system of streets sufficient to accommodate
predictable vehicular traffic and to ensure safe and efficient vehicular access for
emergency management equipment.
Emergency entrances shall be located on a building wall which faces away from adjoining
residentially-zoned properties or is separated by at least five hundred (500) feet
from residentially-zoned properties.
Public sewer, and public water utilities shall be utilized.
Materials and Waste Handling – All uses shall be required to provide detailed information
regarding materials and waste handling, including:
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A.
Listing of all materials to be both used or produced on the site;
B.
Listing of all wastes generated on the site; and,
C.
Evidence shall be provided indicating that the disposal of all materials and
wastes will be accomplished in a manner that complies with State and Federal
regulations. Such evidence shall, at a minimum, include copies of contracts
with waste haulers licensed to operate within the County which have been
contracted to dispose of the materials and wastes used or generated on-site or
some other legal means of disposal. The zoning permit for this use shall remain
valid only so long as such contracts remain in effect and all materials and wastes
are properly disposed of on a regular basis. Should the nature of the use change
in the future, such that the materials used or wastes generated changes
significantly either in type or amount, the owner shall so inform the Zoning
Officer, and shall provide additional evidence demonstrating continued
compliance with the requirements of this section.
Where more than one (1) of the uses enumerated in 441.10. below are proposed either at one
time or separately over time, integrated site function and design shall be
required consistent with the creation of a campus-like environment.
Permitted Uses:
A.
B.
C.
D.
E.
F.
G.
H.
Commercial day-care facilities;
Commercial schools with exclusively health care-related curricula intended to
prepare enrolled students for careers in health care, nursing schools, and other
allied health technology training programs;
Health and fitness clubs;
Hospitals and hospices;
Intermediate care and skilled nursing facilities;
Medical and dental offices;
Outpatient health services, including, but not limited to, laboratories,
radiological and diagnostic imaging services, blood banks, outpatient surgery
centers, and outpatient clinics and patient care facilities;
Accessory buildings, uses and services customarily incidental to the above uses,
including, but not limited to, the following:
i.
Administrative offices;
ii.
Public uses and essential services (e.g., private central utility plant,
electrical switching facility, steam generation facility, heating facility,
ventilation facility, and oxygen facility);
iii.
Automobile parking lots and parking garages;
iv.
Housing for students, employees and their families in accordance with
the standards of the (R-2) Zone;
v.
Lodging facilities for patients and their families;
vi.
Retail sales of medical/health care-related supplies (e.g., durable medical
equipment, prosthetics, pharmaceutical supplies) and retail sales/service
for the convenience of employees, patients and visitors (e.g., uniforms,
flowers, gifts, uniform cleaning, barber/beauty salons, automatic teller
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ZONING
vii.
viii.
ix.
banking, restaurants). All retail sales and services shall be located within
buildings in which other permitted uses are located. Retail sales and
services may not exceed five percent (5%) of the floor area of existing
buildings within this Zone;
Short-term, intermittent educational programs which are not intended to
prepare students for careers in health care, but, rather, are intended to
inform employees, patients, health care providers, or the public
regarding health care issues;
Helistop (See §441.11.A.); and,
Incinerators and autoclaves (See §441.11.B.);
Specific Requirements for Selected Accessory Uses:
A.
Helistops – The helistop shall only be used for the emergency transport by
helicopter of patients to or from other permitted health care-related uses. The
helistop shall not include auxiliary facilities, such as fueling and maintenance
equipment. The helistop shall be set back a minimum of three hundred (300)
feet from any adjoining property and any street. The applicant must demonstrate
compliance, through a written statement, and continue to comply with
applicable State and Federal standards; and,
B.
Incinerators and Autoclaves – Only the processing of waste generated on-site is
permitted. All processing and storage of waste shall be conducted within a
completely-enclosed building. All storage of waste shall be in a manner that is
leak- and vector-proof. No storage of waste shall exceed seven (7) days in
length. The incinerator shall be set back at least a distance equal to its height
from all lot lines. The applicant must demonstrate compliance, through a
written statement, and continue to comply with all applicable State and Federal
standards and regulations;
Maximum Permitted Height – The maximum permitted height is ninety (90) feet, provided
that an additional two (2) feet of required building setback shall be provided for each
one (1) foot of height for that portion of building height exceeding thirty-five
(35) feet. Furthermore, any building with floor space exceeding thirty-five (35) feet in
height shall require the applicant to obtain a letter from the Township Emergency
Management Coordinator indicating that adequate provision has been made for
firefighting and rescue activities.
The applicant shall furnish a description of the effect of the proposed use on the delivery
of ambulance service. This description shall include a letter from the agency
responsible for ambulance service in the site’s vicinity. Such letter shall describe the
adequacy/inadequacy of existing facilities and services to accommodate the proposed
use, and any suggestions that might enhance ambulance service. Should it be
determined that the proposed use would overburden local ambulance service, the
Township may attach conditions of approval that seek to assure adequate levels of
service.
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§442.
HOTELS AND RELATED DINING FACILITIES.
Within the (RC) Zone, hotels and related dining facilities are permitted by
conditional use, subject to the following criteria:
Both public sewer and public water shall be utilized.
The following accessory uses may be approved as part of the conditional use
application:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
Auditorium.
Barber and beauty shops.
Tavern or night club.
Gift shop.
Meeting facilities.
Recreational uses and swimming pools.
Restaurants.
Sauna, spa or steam room.
Solarium.
Valet shop.
Other similar retail sales and personal services.
The above accessory uses (aside from outdoor recreational uses) shall be
physically attached to the main hotel building except as provided in subsection
(6).
All hotels shall be separated by at least one thousand (1,000) feet
from any other existing hotel facility, as measured from the nearest property
line.
One freestanding restaurant, tavern or nightclub shall be permitted on the
same lot as a principal hotel subject to the following:
A.
The proposed restaurant, tavern or nightclub shall offer the preparation and
serving food and drink to be consumer on the premises; no drive-through or take
out services shall be permitted.
B.
No additional freestanding signs (other than those permitted for the principal
hotel use) shall be permitted.
C.
If a nightclub is proposed, the applicant shall furnish evidence as to what means
assure that the proposed nightclub will not constitute a nuisance to adjoining
uses (including the hotel) by way of noise, litter, loitering and hours of
operation.
D.
Sufficient off-street parking spaces have been provided and located to con27-189
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veniently serve the freestanding restaurant, tavern and/or nightclub, without
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interfering with required off-street parking associated with the hotel use.
§443.
JUNKYARD.
Within the (I) Zone, junk yards are permitted by special exception,
Minimum lot area, ten acres.
The outdoor area devoted to the storage of junk shall be completely
enclosed by an eight (8) foot high sight-tight fence which shall be set back at
least fifty (50) feet from all property lines and one hundred (100) feet from
residentially-zoned properties.
The setback area between the fence and the lot lines shall be kept free of weeds and all scrub
growth.
All completely-enclosed buildings used to store junk shall be set back at
least fifty
(50) feet from all property lines.
No material may be stored or stacked so that it is visible from
adjoining properties and streets.
All additional Federal and State laws shall be satisfied.
All junk shall be stored or arranged so as to permit access by fire fighting
equipment and to prevent the accumulation of water, and with no junk piled to
a height greater than eight (8) feet.
No material shall be burned at any time.
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.
No junkyard shall be located on land with a slope in excess of 5%.
All junkyards shall comply with the Township's Junkyard Ordinance
[Chapter 13, Part 2].
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§444.
KENNELS.
Within the (A and OS) Zones, kennels are permitted by special
All animal boarding buildings that are not completely enclosed, and any outdoor animal
pens, stalls or runways shall be located within the rear yard.
All animal boarding buildings that are not completely enclosed, and any outdoor animal
pens, stalls or runways shall be a minimum of one hundred (100) feet from all
property lines.
All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the
animals; all such enclosures shall be set back a minimum of ten (10) feet from all
property lines.
The applicant shall furnish evidence of an effective means of animal wastes which shall
be continuously implemented.
§445.
MEDICAL RESIDENTIAL CAMPUS.
Within the (R-2) Zone, medical residential campuses are permitted by
The campus shall primarily serve the needs of retirement aged persons.
At least one resident of each household shall be at least 50 years old, or
possess some handicap that can be treated within a setting like the medical
residential campus.
The campus shall achieve a balanced residential/medical environmental
which cannot be achieved through the use of conventional zoning techniques.
Residences shall be functionally, physically and architecturally integrated
with medical service and recreational activity centers.
Commercial, medical and recreational uses shall be grouped together and
located near the populations being served.
The minimum land area devoted to the campus shall be ten contiguous
acres.
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ZONING
The site shall front on and have access to a collector or arterial street.
All buildings or structures containing nonresidential use(s), off-street
parking lots and loading areas shall be set back at least seventy-five (75)
feet from all adjoining residentially-zoned land and fifty (50) feet from all lot
lines of the campus property.
The maximum permitted overall density is ten dwelling units per acre.
All buildings or structures used solely for residential purposes shall be
set back at least fifty (50) feet from all lot lines of the campus property.
The maximum permitted height is sixty (60) feet, provided that an
additional two (2) feet of required building setback shall be provided for that
portion of building height exceeding thirty-five (35) feet.
No more than 60% of the subject property shall be covered with
buildings, parking and loading areas and/or other impervious surfaces.
Each off-street parking lot shall provide at least 20% of the total
parking spaces as those designed for the physically handicapped (see §507
of the SLDO for design regulations). Furthermore, such parking spaces shall
be located throughout the campus in such a manner to be conveniently
accessible to the buildings/uses for which they are required.
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 offcampus retirement aged community will be permitted. Uses may include,
but need not be limited to, the following:
A.
Dwelling, nursing homes and congregate living facilities for the elderly or
physically handicapped.
B.
Medical facilities including offices, laboratories, clinics, professional or paramedical training centers and ambulatory care facilities.
C.
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.
D.
Recreational and social uses, such as athletic facilities, community centers and
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assembly halls, limited to use only by campus residents, employees.
The applicant shall furnish a description of the effect of the proposed
use on the delivery of ambulance service. This description shall include a letter
from the agency responsible for ambulance service in the site's vicinity. Such
letter shall describe the adequacy/inadequacy of existing facilities and services
to accommodate the proposed use and any suggestions that might enhance
ambulance service. Should it be determined that the proposed use would
overburden local ambulance service, the Township may attach conditions of
approval that seek to assure adequate levels of service.
§446.
MINI WAREHOUSES.
Within the (GC & I) Zones, mini warehouses are permitted by special
Off-street parking spaces shall be provided in accordance with the
schedule contained within §312.6. of this Chapter.
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes
shall be at least twenty-six (26) feet wide when cubicles open onto one side of the
lane only and at least thirty (30) feet wide when cubicles open onto both sides of the
lane.
Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional external storage area may be provided for the
storage of privately-owned travel trailers and/or boats, so long as such external
storage area is screened from adjoining residentially-zoned land and adjoining
streets and is located behind the minimum front yard setback line. This
provision shall not be interpreted to permit the storage of partially dismantled,
wrecked or inoperative vehicles.
All storage shall be kept within an enclosed building except that 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.
An on-site manager shall be required to be on the site at all times
and shall be responsible for maintaining the operation of the facility in
conformance with the conditions of approval and all applicable ordinances.
Any dwelling for a resident manager shall comply with all of those
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ZONING
requirements listed within the (R-2) Zone, and shall be entitled to all residential
accessory uses provided in this Chapter.
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ZONING
Because of the danger from fire or explosion caused by the accumulation of vapors from
gasoline, diesel fuel, paint, paint remover and other flammable materials, the
repair, construction or reconstruction of any boat, engine, motor vehicle or furniture is
prohibited.
No door openings for any mini warehouse storage unit shall be constructed facing any
residentially-zoned property.
Mini warehouses shall be used solely for the dead storage of property. The following
lists examples of uses expressly prohibited upon the site:
A.
Auctions, commercial wholesale or retail sales or garage sales.
B.
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn
mowers, appliances or other similar equipment.
C.
The operation of power tools, spray-painting equipment, table saws, lathes,
compressors, welding equipment, kilns or other similar equipment.
D.
The establishment of a transfer and storage business.
E.
Any use that is noxious or offensive because of odors, dust, noise, fumes or
vibrations.
The applicant shall adequately demonstrate that all mini warehouses rental and/or use
contracts shall specifically prohibit these uses.
§447.
MOBILE HOME PARKS.
447.1.
Within the (R-2) Zone, mobile home parks are permitted by conditional use, subject
to the requirements of the Township's Mobile Home Park Ordinance [Chapter 14, Part
1].
§448.
NIGHTCLUBS.
Within the (GC) Zone, nightclubs are permitted by special exception,
No part of the subject property shall be located within two hundred (200)
feet of any residentially-zoned land.
The applicant shall furnish evidence that the proposed use will not be
detrimental to
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the use of adjoining properties due to hours of operation, light and/or litter.
The applicant shall furnish evidence as to how the use will be controlled as to not
constitute a nuisance due to noise or loitering outside the building.
A working plan for the clean-up of litter shall be furnished and implemented by the
applicant.
§449.
NURSING, REST OR RETIREMENT HOME.
Within the (R-2) Zone, nursing, rest or retirement homes are permitted
A. Minimum Lot Area - Two (2) acres, and further provided that no more than
seventeen (17) resident patients or resident guests shall be permitted per acre of lot
area.
B. The applicant shall furnish evidence that an approved means of sewage disposal
and water supply shall be utilized.
C. Off-street parking lots and loading areas shall be screened from adjoining residentially-zoned lands.
D. At least 20% of required parking spaces shall be designed for handicapped
persons.
Within the Open Space (OS) Zone, nursing, rest or retirement homes are
permitted by special exception subject to the following criteria.
A. Minimum Lot Area. Fifteen (15) acres, and further provided that no more than
seventeen (17) resident patients or resident guests shall be permitted per acre of
the lot area.
B. Maximum Lot Coverage. Thirty percent (30%).
C. In addition to meeting the minimum setback requirements of the Open Space (OS)
Zone, all proposed structures shall be located a minimum of one hundred (100)
feet from properties in residential use.
D. The applicant shall furnish evidence that an approved means of sewage disposal
and water supply shall be utilized.
E. Only resident patients of the nursing, rest or retirement home shall reside on the
property.
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ZONING
F. The applicant shall provide evidence that all applicable state and/or federal permits,
licenses and certificates of need have been secured.
G. Off-street parking lots and loading areas shall be screened from adjoining
residentially zoned lands.
H. At least twenty percent (20%) of required parking spaces shall be designed for
handicapped persons.
I. The subject property shall front and have access to an arterial or collector street.
448 on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on April 1, 2003, by Ordinance No. 4-1-03-1. The
above section was amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
450
OFF-TRACK BETTING PARLORS
Within the (I) Zone, off-track betting parlors are permitted by special
An off-track betting parlor shall not be permitted to be located within one
thousand (1,000) feet of any other off-track betting parlor.
No off-track betting parlor shall be located within one thousand (1,000)
feet of any land within the Rural, R-1 or R-2 Zones.
No off-track betting parlor shall be located within one thousand (1,000)
feet of any parcel of land which contains any one or more of the following
specified land uses:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Amusement park;
Camp (for minor’s activity);
Child-care facility;
Church or other similar religious facility;
Community center;
Museum;
Park;
Playground;
School; or
Other lands where minors congregate;
The distance between any two off-track betting parlors shall be measured in
a straight line, without regard to intervening structures, from the closest point on
the exterior parcel line of each establishment. The distance between any offtrack betting parlor and any land use specified above shall be measured in a
straight line, without regard to intervening structures, from the closest point on
the exterior property line of the off-track betting parlor to the closest point on the
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property line of said land use.
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ZONING
No more than one (1) off-track betting parlor may be located within one building or
shopping center.
The applicant shall furnish expert evidence that the proposed use will not be
detrimental to the use of adjoining properties due to hours of operation, light and/or
litter.
The applicant shall furnish expert evidence as to how the use will be controlled so as
to not constitute a nuisance due to noise or loitering outside the building.
A working plan for the cleanup of litter shall be furnished and implemented by the
applicant.
Off-street parking shall be provided at the rate of one (1) space per each sixty-five
(65) square feet of gross floor area, including related dining, restaurant and snack bar
areas.
All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness
Racing Commission’s Rules and Regulations pertaining to Nonprimary Locations, as
defined therein.
2003, by Ordinance No. 4-1-03-1.)
§451.
PRIVATE AND COMMERCIAL SCHOOLS.
Within the (NC) Zone, private and commercial schools are permitted
by special exception, and within the (R-2) Zone private schools are permitted
by special exception, all subject to the following criteria:
All height, area, setback and coverage standards within the underlying zone shall apply.
All off-street parking lots shall be set back at least twenty-five (25) feet
and screened from adjoining property lines.
All buildings shall be set back at least one hundred (100) feet from any
adjoining land within a residential zone.
If education is offered below the college level, an outdoor play area shall
be provided, at a rate of one hundred (100) square feet per individual enrolled.
Off-street parking lots shall not be used as outdoor play areas. Outdoor play
areas shall not be located within the front yard and must be set back at least
twenty-five (25) feet from all property lines. Outdoor play areas shall be
completely enclosed by a minimum four
(4) foot high fence and screened from adjoining residentially-zoned properties. Any
vegetative materials located within the outdoor play area shall be of a nonharmful
type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means
of shade such a shade tree(s) or pavilion(s). Enrollment shall be defined as the largest
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ZONING
number of students on the site at any one time during a 7 day period.
Passenger "drop-off" and "pick-up" areas shall be provided and arranged so that
students do not have to cross traffic lanes on or adjacent to the site.
Off-street parking spaces shall be provided in accordance with the schedule contained
within §312.6. of this Chapter.
452
PUBLIC TRANSPORTATION DEPOTS
452.2.
Within the (I) Zone, public transportation depots are permitted by special exception,
The applicant shall submit a Traffic Impact Report in accordance with
The applicant shall present qualified expert evidence as to how the use
will provide for the expected demand for needed, off-street parking spaces for the
proposed use. In addition, the applicant shall present evidence of the ability to
provide additional off- street parking spaces, if demand increases. The applicant
shall also present credible evidence that the number of “oversized” off-street
parking spaces provided for public transportation vehicles will be adequate to
accommodate the expected demand generated by patrons. Any gates or other
barriers used at the entrance to parking areas shall be set back and arranged to
prevent vehicle backups onto adjoining streets during peak arrival periods.
The subject property shall have a minimum of three hundred (300) feet
of street frontage along an arterial road.
The subject property shall be located no closer than five hundred (500) feet
from any (R, R-1 and/or R-2) Zones and/or property containing a school, day-care
facility, park, playground, library, hospital, nursing, rest or retirement home, or
medical residential campus.
All structures (including, but not limited to, air compressors, fuel
pump islands, kiosks) shall be set back at least fifty (50) feet from any street rightof-way line.
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Access driveways shall be a minimum of twenty-four (24) feet, and a maximum of
thirty-five (35) feet wide. All access drives onto the same street shall be set back at
least one hundred and fifty (150) feet from one another, as measured from closest
points of cartway edges.
Trash receptacles shall be provided amid off-street parking areas which shall be
routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall
be furnished and continuously implemented by the applicant.
All vehicle service and/or repair activities shall be conducted within a completelyenclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other
materials used or discarded in any service or repair operations, shall be permitted.
The outdoor storage of unlicensed vehicles is prohibited.
All vehicles and machinery shall be repaired and removed from the premises
promptly.
The demolition or junking of vehicles and machinery is prohibited. Demolished
vehicles and/or parts thereof, shall be removed within two (2) weeks after arrival.
Any exterior public address system shall be designed and operated so that the audible
levels of any messages conveyed over the system will not exceed the ambient noise
levels of the use, as measured at each of the property lines.
The applicant shall furnish evidence that the storage and disposal of materials and
wastes will be accomplished in a manner that complies with all applicable State and
Federal regulations.
2003, by Ordinance No. 4-1-03-1.)
§453.
PUBLIC USES.
Within the (R-1) Zone public uses are permitted by special exception,
All height, area, setback and coverage standards within the underlying
zone shall apply.
All off-street parking shall be ten (10) feet from adjoining property lines.
Outdoor storage of materials shall be prohibited within residential
zones. Outdoor storage in other zones shall be completely enclosed within a
six (6) foot high fence and screened from adjoining streets and properties.
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The storage of maintenance vehicles and related apparatuses shall be within
completely-enclosed buildings.
§454.
QUARRIES AND OTHER EXTRACTIVE RELATED USES.
Within the (Q) Zone, quarries and other extractive related uses are
permitted by conditional use, subject to the following criteria:
General Quarry Operations.
A.
May not substantially injure or detract from the lawful existing or permitted use
of neighboring properties.
B.
May not adversely affect any public or private water supply source.
C.
May not adversely affect the logical, efficient and economical extensions of
public services, facilities and utilities throughout the Township.
D.
May not create any significant damage to the health, safety or welfare of the
Township and its residents and property owners.
E.
May not result in the land area subject to quarrying being placed in a condition
which will prevent the use of that land for economically and ecologically
productive uses upon completion of the quarry operation.
F.
Must demonstrate compliance with all applicable State regulations at all times.
Site Plan Requirements. As a part of each application, the applicant shall
furnish an accurately surveyed site plan on a scale no less than 1:2400,
showing the location of the tract or tracts of land to be affected by the
operation. The surveyed site plan shall be certified by a registered professional
engineer or a registered professional land surveyor with assistance from
experts in related fields and shall include the following:
A.
B.
The boundaries of the proposed land affected, together with the drainage area
above and below the area.
The location and names of all streams, streets, railroads, and utility lines on or
immediately adjacent to the area.
(Note: The above Section 453.3.B. was revised on February 15, 2000, by Ordinance No. 2-15-00-3. The above section
was renumbered on April 1, 2003, by Ordinance No. 4-1-03-1.)
C.
The location of all buildings within one thousand (1,000) feet of the outer
perimeter of the area affected and the names and addresses of the owners and
present occupants.
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D.
The purpose for which each building is used.
E.
The name of the owner of the affected area and the names of adjacent landowners, the municipality and the county.
Minimum Lot Area. Fifty acres.
Fencing. A fence measuring at least eight (8) feet in height must enclose the area of
actual quarrying. If a chain link fence is used, then said fence shall include a
vegetative screen that is provided along the outside of the fence, away from the
quarry.
Setback. The following table identifies minimum setbacks imposed upon specific
features of the quarry and other extractive-related uses from adjoining and/or nearby
uses:
Existing
Residence
Existing
Nonresidential
Building
Adjoining
Street
Stockpile or spoilpiles
300 ft.
300 ft.
100 ft.
300 ft.
100 ft.
100 ft.
Mineral processing equipment (e.g., crushers, sorters,
conveyors, dryers, etc.)
300 ft.
300 ft.
100 ft.
300 ft.
100 ft.
100 ft.
Quarry pit
300 ft.
300 ft.
100 ft.
300 ft.
100 ft.
100 ft.
On-site access streets and
off-street parking, loading
and vehicle storage and
weighing facilities
300 ft.
300 ft.
100 ft.
300 ft.
100 ft.
100 ft.
Other operational equipment, structures and/or improvements
300 ft.
300 ft.
100 ft.
300 ft.
100 ft.
100 ft.
Quarry-Related
Feature
Public/
Nonprofit Cemetery or Adjoining
Park
Streambank Property**
** Setback shall be twenty-five (25) feet to accomplish site reclamation.
and amended on April 1, 2003, by Ordinance No. 4-1-03-1.)
Access. Vehicular access shall be so arranged as to minimize danger and congestion
along adjoining streets and to avoid the creation of nuisances to nearby properties.
Access drives used by trucks shall only intersect with collector or arterial streets.
A.
All access drives shall be designed and located so as to permit the following
minimum sight distances measured from a point at least ten (10) feet behind the
curb line or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three (3) feet or less than ten (10)
feet above the street surface.
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ZONING
Speed Limitation on Public Street (mph)
Required Sight Distance (feet)
25
30
35
40
45
50
55
240
275
315
350
425
475
550
B.
C.
All access drives serving the site shall have a paved minimum thirty-five (35)
foot wide cartway for a distance of at least two hundred (200) feet from the
intersecting street right-of-way line. In addition, a fifty (50) foot long gravel
section of access drive should be placed just beyond the preceding two hundred
(200) foot paved section to help collect any mud that may have attached to a
vehicle's wheels.
In general, access drives shall intersect public streets at ninety degrees (90) as
site conditions permit, however in no case shall access drives intersect
public streets at less than seventy degrees (70). Said angle shall be
measured from the centerline of the street to the centerline of the access
drive.
Traffic Impact. The applicant shall furnish a traffic study prepared in
accordance with
Reclamation. The applicant shall demonstrate compliance with §7(c) of
the Pennsyl- vania Act No. 1984-219, as may be amended, 52 P.S. §3307(c).
The applicant shall provide a detailed description of the proposed use of the
site, once reclamation has been completed, including a description of any
zoning and/or subdivision approvals or remedies that would be necessary to
accommodate the proposed use. Finally, the applicant shall provide written
notification to the Township within 30 days, whenever a change in the
reclamation plan is proposed to the PA DEP.
1,2 003, by Ordinance No. 4-1-03-1.)
Screening. Where the proposed use adjoins a residential zone, an
existing residence and/or a street, screening shall be provided. Such screening
shall be comprised of an earthen berm at least ten (10) feet in height. Such
berm shall be located on the quarry site and placed so as to maximize the
berm's ability to absorb and/or block views of and/or noise, dust, smoke, etc.,
generated by the proposed use. The berm shall be completely covered and
maintained in an approved vegetative ground cover. In addition, a landscape
screen shall consist of evergreen shrubs and trees arranged to form both a low
27-202
level and a high level screen within a strip of land with a minimum width of ten
(10) feet. The high level screen shall consist of evergreen trees of not less than
27-203
ZONING
five (5) feet in height at the time of planting that shall be planted at intervals of not
more than ten (10) feet. The low level screen shall consist of evergreen shrubs of not
less than three (3) feet in height at the time of planting that shall be planted at intervals of not more than five (5) feet. The landscape screen shall be permanently maintained.
Operations Progress Report. Within 90 days after commencement of surface mining
operations and each year thereafter, the operator shall fill an operations and progress
report with the Zoning Officer setting forth all of the following:
A.
The name or number of the operation.
B.
The location of the operation with reference to the nearest street.
(Note: The above Section 453.11.B. was revised on February 15, 2000, by Ordinance No. 2-15-00-3. The above section
was renumbered on April 1, 2003, by Ordinance No. 4-1-03-1.)
C.
A description of the tract or tracts, including a site plan showing the location of
all improvements, stockpile, quarry pits, etc..
D.
The name and address of the landowner or his duly authorized representative.
E.
An annual report of the type and quantity of mineral produced.
F.
The current status of the reclamation work performed in pursuance of the
approved reclamation plan.
G.
A maintenance report for the site that verifies that all required fencing, berming
and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.
H.
Verification that the proposed use continues to comply with all applicable State
regulations. The operation shall furnish copies of any approved permits and/or
any notices of violation issued by the Pennsylvania Department of Environmental Protection.
(Note: The above Section 453.11.H. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was
(Note: The above Section 453 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §445; further
amended and renumbered to 453 on February 2, 1999, by Ordinance No. 2-2-99-2. Section 453.12 was deleted on
August 7, 2001, by Ordinance No. 8-7-2001-2. The above section was renumbered on April 1, 2003, by Ordinance No. 41-03-1.)
§455. RECYCLING STATIONS FOR PAPER, PLASTIC, GLASS AND METAL
PRODUCTS.
Within the (I) Zone, recycling of paper, glass and metal products is
permitted by
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ZONING
All operations, including collection shall be conducted within a
There shall be no outdoor storage of materials used or generated by the
operation.
The applicant shall explain the scope of operation and any measures used
to mitigate problems associated with noise, fumes, dust and litter.
The applicant will assure regular maintenance of the site to assure the
immediate collection of stray debris.
§456.
RIDING SCHOOL AND/OR HORSE BOARDING STABLE.
Within the (R, A and OS) Zones, riding schools and/or horse boarding
stables are permitted by special exception, subject to the following criteria:
Any structure used for the boarding of horses shall be set back at least
two hundred
(200) feet from any property line.
All stables shall be maintained so to minimize odors perceptible at the
property line.
All outdoor training, show, riding, boarding or pasture areas shall be
enclosed by a minimum four (4) foot high fence, which is located at least
ten (10) feet from all property lines.
All parking compounds and unimproved overflow parking areas shall be set back at least
ten (10) 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.
455 on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on April1 1, 2003, by Ordinance No. 4-1-03-1.)
§457.
RURAL OCCUPATIONS.
Within the (A, R and OS) Zones, rural occupations are permitted by special
exception, subject to the following.
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Only one rural occupation may be conducted on the lot. The gross floor area for rural
occupations shall not exceed twenty five hundred (2,500) square feet for properties up
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ZONING
to one (1) acre and four thousand (4,000) square feet for properties two (2) acres or more
in size. Applicants must submit a plot plan showing property lines, building locations,
loading and storage areas, access driveways, primary and alternate on-site sewage
locations and zoning setback lines.
A rural occupation shall only be conducted within one or a combination of buildings.
Existing buildings that existed as of the effective date of this Section (November 16,
2010) may be converted for rural occupations without limitation on size, provided the
rural occupation activity remains enclosed. In the event a new building is constructed, the
building shall meet the height limitations of §302.9.B, shall be is located in the rear yard,
and shall be set back at least fifty (50) feet from any side or rear lot lines. All applicants
are required to design buildings that are compatible with their residential settings.
In no case shall the total of all impervious surfaces exceed the allowed maximum lot
coverage outlined for the zone.
All off-street parking and loading area shall be screened from adjoining streets and
properties and shall be located within the allowed outdoor storage area.
Outdoor storage shall be permitted in the rear yard, so long as its size does not exceed the
interior square footage of the rural occupations, it is located at least seventy five (75) feet
from any side lot lines, and at least fifty (50) feet from any rear lot lines, and shall be
screened from adjoining streets and properties with the type and placement of screening to
be approved by the Zoning Hearing Board. No materials shall be stacked to a height
greater than six (6) feet. As an alternative, one commercial truck of not more than eleven
thousand (11,000) pounds gross weight, licensed work trailers, equipment, etc. may be
parked behind the rural occupation building within the outdoor storage area.
One nonilluminated sign not exceeding two (2) square feet shall be permitted and must be set
back a distance at least equal to its height from every lot line.
No rural occupation and its principal dwelling shall generate more than 20 vehicle trips per
day to or from the site. The applicant shall furnish testimony regarding the expected
numbers of vehicle trips associated with the proposed use.
Vehicular access to the rural occupation shall be limited to the same driveway connection with
the public street that serves the principal residence; no additional street connections shall
be permitted.
In its review of the special exception request for a rural occupation, the Zoning Hearing Board
shall determine the number of full-time nonresident employees involved in the on- site
conduct of the rural occupation.
Rural occupations shall only be conducted between the hours of 6 a.m. and 9 p.m unless
deemed otherwise by the Zoning Hearing Board. No rural occupation shall be conducted
on Sundays.
No manufacturing, mechanical or industrial use shall be permitted which causes any
27-206
ZONING
noise, odor, glare, fume, smoke, dust, vibration, electromagnetic interference or other
hazard that is noticeable at or beyond the closest lot line. No use that requires application or permitted by the PA DEP for the handling of hazardous waste or other substances, shall be permitted, except for wastewater treatment.
No retail sales shall be permitted.
The applicant shall furnish evidence that an approved means of sewage
disposal shall be utilized and further that such means is part of the same
system in use for the principal residence.
All trash dumpsters shall be located within the allowed outdoor storage
area, screened from adjoining streets and properties, and completely enclosed
with a masonry or fenced enclosure equipped with a self-latching door or gate.
The applicant shall provide evidence indicating that the disposal of all materials and waste
will be accomplished in a manner that complies with State and Federal regulations.
Such evidence shall, at a minimum, include copies of contracts with waste haulers
licensed to operate within Lancaster County which have been contracted to dispose of
the materials and wastes used or generated on-site or some other legal means of
disposal. No burning of waste is permitted. The zoning permit for this use shall
remain valid only so long as such contracts remain in effect and all materials and
wastes are properly disposed of on a regular basis. Should the nature of the rural
occupation change in the future, such that the materials used or wastes generated
changes significantly either in the or amount, the owner of the rural occupation shall
so inform the Zoning Officer and shall provide additional evidence demonstrating
continued compliance with the requirements of this Section.
Upon the approval of the application and construction of the use, the
Zoning Officer shall issue a temporary certificate of use and occupancy. Such
certificate shall be reviewed every 12 months until such time as the use is
removed. A fee, in the amount to be set by the Board of Supervisors, shall be
paid by the landowner upon each renewal of the temporary certificate of use
and occupancy. Such fee shall be based upon the cost of the annual review. To
perform such review, the Zoning Officer will forward a survey form to the
owner of the use, regarding the scale of operation of the use. The failure to
accurately complete and return the survey shall be a violation of this Chapter if
the use continues to exist.
(Note: The above Section 456 was amended on November 20, 1990, by Ordinance No. 11-20-1990; on December 17, 1996, by Ordinance No.
12-17-1996-2, §5; further amended and renumbered to 456 on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was
renumbered on April 1, 2003, by Ordinance No. 4-1-03-1. Section 457 was deleted in its entirety and replaced on November 16, 2010 by
Ordinance 11-16-10-1.)
§458.
SAWMILLS.
Within the (OS) Zone, sawmills are permitted by special exception,
subject to the following requirements:
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Minimum Lot Area. Ten acres.
All cutting, sawing, grinding or other processing shall be conducted
within a completely-enclosed building.
No material shall be deposited or stored and no building or structure shall
be located within two hundred (200) feet of any property line and five hundred
(500) feet of any land with a (R-1 or R-2) Zone.
Any external area used for the unloading, transfer, storage or deposition
of material must be completely screened from view at the property line. (The
use of an earthen berm is encouraged where practicable.)
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles
waiting will not back-up onto streets.
(Note: The above Section 457.6. was revised on February 15, 2000, by Ordinance No. 2-15-00-3. The above section was renumbered on April
1, 2003, by Ordinance No. 4-1-03-1.)
All access drives onto the site shall be paved for a distance of at least two hundred (200) feet
from the street right-of-way line. In addition, if portions of on-site access
drives are unpaved, then a fifty (50) foot long gravel section of driveway shall be
placed just beyond the preceding two hundred (200) foot paved section to help
collect any mud that may have attached to a vehicle's wheels. The owner and/or
operator shall be responsible for removing any mud from streets caused by
persons traveling to and from the site.
Litter control shall be exercised to prevent the scattering of wind-borne
debris and a working plan for the clean-up of litter shall be submitted to the
Township.
The sawmill shall only operate between the hours of 6 a.m. and 9 p.m. on
weekdays. No weekend nor holiday operations shall be permitted.
§459.
SHOOTING RANGES.
Within the (OS) Zone, shooting ranges are permitted by special
Shooting Range Operations.
A.
May not substantially injure or detract from the lawful existing or permitted use
of neighboring properties.
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ZONING
B.
May not substantially damage the health, safety or welfare of the Township or its
residents and property owners.
C.
Must comply with all applicable State and local laws, rules and regulations
regarding the discharge of a firearm.
D.
Shall limit the storage of ammunition to only that utilized for each day's activity
and in no event shall ammunition remain on the property for greater than 24
hours. The storage of live ammunition may only occur indoors in an area
secured from general access.
E.
Shall limit the number of shooters to the number of firing points or stations
identified on the development plan.
F.
Shall require all shooters to satisfactorily complete an orientation safety program
given in accordance with the National Rifle Association before they are allowed
to discharge firearms.
G.
Shall limit the consumption of alcoholic beverages to days when no shooting
activities are permitted, or when the shooting activities are completed for that
day. Furthermore, alcoholic beverages may only be consumed in designated
areas away from the firing points or stations.
H.
Shall limit firing to 1 hour after official sunrise and 1 hour before official
sunrise.
A development plan shall identify the safety fan for each firing range. The
safety fan shall include the area necessary to contain all projectiles, including
direct fire and ricochet. The safety fan configuration shall be based upon
qualified expert testimony regarding the trajectory of the bullet and the design
effectiveness of berms, overhead baffles or other safety barriers to contain
projectives to the safety fan.
The firing range, including the entire safety fan, shall be enclosed with a six (6) foot high
nonclimbable fence to prevent unauthorized entry into the area. Range caution signs
with eight (8) inch tall, red letters on a white background shall be posted at a
maximum of fifty (50) foot intervals around the range perimeter. Signs shall read
"SHOOTING RANGE AREA. KEEP OUT."
Range flags shall be displayed during all shooting activities. Range
flags shall be located in a manner visible from entrance drives, target areas,
range floors and the perimeter of the safety fan.
All surfaces located within the safety fan, including the backstop,
overhead baffles, berms and range floor shall be free of hardened surfaces,
such as rocks or other ricochet producing materials.
All shooting range facilities, including buildings, parking, firing range and
27-208
safety fan
27-209
ZONING
shall be set back a minimum of five hundred (500) feet from the property line and
The applicant shall present credible evidence that the sounds of shooting in the
nearest residential zone does not exceed the ambient noise level.
Off-street parking facilities shall be provided with a ratio of one and one-half (1½)
spaces per firing station, but not less than one space for each four seats.
No part of a shooting range property shall be located within 1/4 mile of any land
within a residential zone.
§460.
SHOPPING CENTERS.
With the (GC and RC) Zones, shopping centers may be permitted by
The subject property shall have access withing five hundred (500) of
an arterial or collector street, and all access drives shall be set back at least one
hundred and fifty (150) feet from the intersection of any street right-of-way
lines.
460.3.
Both public sewer and public water utilities shall be required. 460.4.
The following tabulates required off-street parking and loading, and interior
landscaping standards for shopping centers:
Minimum Required
Off-Street Parking Spaces
Per 1,000 Sq. Ft. of
Gross Floor Area
Minimum Required
Interior Landscaping
As Regulated in
§507.15. of the SLDO
Shopping center, as defined
herein, with up to 50,000 square
feet of gross floor area.
5
5%
1 per 25,000 square feet, or
fraction thereof, of gross
floor area
herein, with between 50,000 &
100,000 square feet of gross floor
area.
4.5
7.5%
1 per 20,000 square feet, or
fraction thereof, of gross
floor area
herein, with over 100,000 square
feet of gross floor area.
4.5
7.5%
5 plus 1 per 50,000 square
feet, or fraction thereof, of
gross floor area over 100,000
square feet
Use
Minimum Required
Off-Street
Loading Spaces
(Note: The above Section was revised on July 21.2015, by Ordinance No. 7-21-15-1. The above section was renumbered on April 1,
2003, by Ordinance No. 4-1-03-1.)
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In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian and
horse and buggy linkages. Such linkages shall be located so as to provide safe and convenient access to the shopping center from
the nearby areas, even if they are not yet developed. In addition, the applicant shall provide one (1) shaded tie-up space for a
horse and buggy for each five thousand (5,000) square feet of gross floor area.
Any shopping center must provide an improved bus stop which would be conveniently accessible for patrons who
would travel to and from the site by bus. Such bus stop must be provided, even if current bus service is unavailable along the
subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at lest one shade tree.
A traffic study shall be submitted by the applicant in accordance with §322 of this Chapter.
460.8.
460.9.
The applicant shall furnish qualified expert evidence of the market area and demand for the proposed shopping center.
The proposed shopping center design and signage shall comply with the applicable regulations contained within the following two
tables:
SHOPPING CENTER DESIGN REQUIREMENTS
Use
Minimum
Required
Lot
Area
Minimum
Required
Lot
Width
Minimum
Required
Lot
Depth
Required Minimum Yard Setbacks
Front, as Measured from Street
R.O.W.
Shopping center, as
defined herein, with
up to 50,000 square
feet of gross floor
area.
2 acres
250 ft. at the
building
setback line
250 ft.
One Side
Both Sides
Minimum Required
Setback from
Residential or
Mixed Use Zone
Maximum
Permitted
Impervious
Lot Coverage
Maximum
Permitted
Building
Height
50 ft. for buildings,
structures, off-street
parking & loading
spaces & dumpsters
65%
35 ft.
Rear
35 ft. for buildings & structures
25 ft. for buildings & 50 ft. for buildings &
25 ft. for all
(except permitted signs); 20 ft.
structures (except
structures (except
buildings, strucfor off-street parking; no offpermitted signs); 15 ft. permitted signs); 30 tures, off-street
street loading, nor dumpsters are for off-street parking &
ft. for off-street
parking &
permitted within the front yard.
loading spaces &
parking
loading spaces &
dumpsters
& loading spaces
dumpsters
& dumpsters
ZONING
Shopping center, as
between 50,000 &
100,000 square feet
of gross floor area.
6 acres
300 ft. at the
building
setback line
500 ft.
50 ft. for buildings & structures
30 ft. for buildings & 60 ft. for buildings &
30 ft. for all
structures (except
structures (except
buildings, strucstructures, off-street
for off-street parking; no offpermitted signs); 20 ft. permitted signs); 40 tures, off-street loading, dumpsters; 50
ft. for off-street
parking &
ft. for off-street parking
loading spaces &
parking
loading spaces &
dumpsters
& loading spaces
dumpsters
& dumpsters
60%
35 ft.
Shopping center, as
over 100,000 square
feet of gross floor
area.
14 acres
500 ft. at the
building
setback line
750 ft.
100 ft. for buildings & structures 40 ft. for buildings & 80 ft. for buildings &
40 ft. for all
structures (except
structures (except
buildings, strucfor off-street parking; no offpermitted signs); 25 ft. permitted signs); 50 tures, off-street
ft. for off-street
parking &
loading spaces &
parking
loading spaces &
dumpsters
& loading spaces
dumpsters
& dumpsters
55%
35 ft.
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structures, off-street
loading &
dumpsters; 50 ft.
for off-street
parking
SHOPPING CENTER SIGN REQUIREMENTS
Sign Type
Maximum
Number
Permitted
Maximum
Permitted
Sign Area
Maximum
Permitted
Height
Maximum
Permitted
Letter Height
20 feet
42 inches
This sign shall
total sign area
of the shoppin
O
Freestanding shopping
center sign
1 per street frontage with
entrance or exit
1 square foot for each 4 lineal feet of
frontage within the shopping center, with a
maximum of 100 square feet
Anchor tenant sign for one
use containing more than
150 lineal feet of storefront.
1 per side facing a street,
with a maximum of 2
signs
If sign is less than 300 feet from facing
street, then sign can be up to a maximum of
100 square feet. If sign is more than 300 feet
from facing street, then sign can be up to a
maximum of 150 square feet.
Height of wall to which
sign is attached.
42 inches
These signs sh
wall projecting
Storefront sign for one use
containing up to 150 lineal
feet of storefront.
1 per principal use
2 square feet per lineal foot of storefront up
to a maximum of 75 square feet
sign is attached.
20 inches
This sign shall
or a wall proje
Storefront under-canopy
signs for all principal uses.
1 per use with less than
150 lineal feet of storefront. 2 per use with
more than 150 lineal feet
of storefront.
4 square feet
To base of canopy, or
where no canopy is
provided, 10 feet.
12 inches
No under-cano
dimension of m
lowest to high
canopy sign sh
inches above t
sign.
Outparcel signs for
principal freestanding uses
sharing common ingress
and egress to shopping
center.
2 per principal use, but
only 1 per wall or street
frontage
75 square feet per sign, not exceeding 20%
of wall area to which sign is attached; no
freestanding sign shall exceed 40 square feet
sign is attached or 6 feet
for freestanding signs.
28 inches
(Note: The above Section 459 was amended on November 20, 1990, by Ordinance No. 1120-1990, §448; amended and renumbered to 459 on February 2, 1999, by Ordinance No. 22-99-2; further revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
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ZONING
§461. ERECTION OF SINGLE-FAMILY DETACHED DWELLINGS
ON A
PARENT TRACT AND/OR SUBDIVISION OF A RESIDENTIAL LOT FROM
A PARENT TRACT.
(Note: The above section was amended on March 4, 2008 by Ordinance 3-4-08-1)
Within the (A) Zone, single-family detached dwellings on separate lots are
permitted by special exception subject to the following criteria:
April 1, 2003, by Ordinance No. 4-1-03-1. The above section was amended on March 4, 2008 by Ordinance 3-4-08-1.)
The farm parcel, from which the subdivided lot will originate, shall be
at least 25 acres in size after the dwelling lot is subdivided. The lot to be
subdivided shall be no less than one acre in size and no larger than two acres,
unless as may be necessary to comply with §317 of this Chapter.
April 1, 2003, by Ordinance No. 4-1-03-1. Section 461.2 was amended by Ordinance 4-20-04-1.)
Reserved.
In addition to the design requirements imposed upon singe-family detached
dwellings in §201 of this Chapter, every single-family detached dwelling unit
(not farm dwellings) proposed within the Agricultural Zone shall be set back
according to the following chart. Required setback distances shall be
measured as a straight line between the closest property line of the proposed
dwelling to the specified use.
Specified Use
Required Setback
Facilities or area for the storage or processing of
manure, garbage or spent mushroom compost;
structures for the cultivation of mushrooms or the
raising or housing of livestock
200 feet
Bee Hives
100 feet
Farm-related Business
200 feet
The applicant shall present a sketch plan and shall demonstrate to the
Zoning Hearing Board that the proposed non-farm single family detached
dwelling or residential lot is located to:
A.
Minimize the loss of valuable farmland. The applicant shall demonstrate that
the dwelling or lot is sited in accordance with all requirements of §201.12.A.
B. Cluster the residential lots on the subject property and, if applicable, with those
lots contained on adjoining farms.
C. Minimize the length of property lines shared by all residential lots and adjoining
farms.
D. Assure adequate vehicular access to future residences not currently proposed.
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27-222
E.
F.
G.
Assure that the proposed sketch plan can comply with the applicable Subdivision and Land Development Ordinance [Chapter 22].
Make use of existing public sewer and/or public water facilities.
Minimize the clearing or cutting of mature trees and hedge rows.
(Note: The above section 461.5 was amended on March 4, 2008 by Ordinance 3-4-08-1)
The applicant shall furnish evidence regarding how these objectives have been
satisfied.
On any separate nonfarm parcel, no shrub nor tree shall be planted within
20 and 30 feet, respectively, of any land used for agricultural purposes.
Flag lots shall only be
permitted when they will
enable the preservation of
some important natural or
cultural feature (including
productive farmland), which
would otherwise be disturbed
by
conventional
lotting
techniques. For the purposes
of this Section, a flag lot shall
be described as containing
two parts.
A.
The "flag" shall include that
portion of the lot that is the
location of the principal and
accessory buildings.
B.
The "pole" shall be considered that portion of the
site that is used for vehicular access between the site and its adjoining street.
(Note: The above Section 460.7.B. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2; further revised on
February 15, 2000, by Ordinance No. 2-15-00-3. The above section was renumbered on April 1, 2003, by Ordinance No. 4-1-031.)
Requirements for the Flag.
A.
The minimum lot area and lot width requirements of this Chapter shall be measured exclusively upon the flag.
B.
For purposes of determining required yards and setbacks, the following shall
apply:
(1)
Front Yard. The area between the principal structure and that lot line of
the flag which is most parallel to the street providing vehicular access to
the site. Additionally, all areas of the pole shall be considered to be
27-227
ZONING
(2)
within the front yard.
Rear Yard. The area between the principal structure and that lot line of
the flag that is directly opposite the front yard, as described above.
(3)
Side Yards. The area between the principal structure and that one outermost lot line which forms the flag and pole, plus, the area on the
opposite side of the principal structure. (See the preceding flag lot diagram for a graphic depiction of the yard locations.)
(Note: The above Section 460.8.B.(3). was amended on December 17, 1996, by Ordinance No. 12-17-1996-2. The above section was
The flag lot shall contain adequate driveway dimension for vehicular
backup so that ingress to and egress from the lot is in the forward direction.
Requirements for the Pole.
A.
The pole shall maintain a minimum width of twenty-five (25) feet.
B.
The pole shall not exceed six hundred (600) feet in length, unless additional
length is needed to avoid the disturbance of productive farmlands or some other
significant natural or cultural feature.
C.
No part of the pole shall be used for any portion of an on-lot sewage disposal
system, nor any other improvement except a driveway and other permitted improvements such as landscaping, fencing, utility connections to off-site facilities,
mailboxes and signs.
D.
The cartway contained on the pole shall be located at least six (6) feet from any
adjoining property line and twenty (20) feet from any existing structures on the
site or any adjoining property.
E.
No pole shall be located within two hundred (200) feet of another on the same
side of the street, unless an adjoining pole utilizes a joint-use driveway,
regulated as follows.
(Note: The above Section 460.10. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2. The above section was renumbered
on
Joint Use Driveways.
A.
When one or more flag lots are proposed, such lots may rely upon a joint-use
driveway for vehicular access.
B.
A joint-use driveway must serve at least one flag lot but may also serve conventional lots, up to a maximum of four total lots.
C.
All joint-use driveways shall have a
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minimum cartway width of eighteen
(18) feet for the portion of the driveway
used by both lots and sufficient
undeveloped area to accommodate a
future fifty (50) feet wide street rightof-way.
D.
Cross access easements shall be
required to ensure common use of,
access to and maintenance of joint-use
driveways; such easements shall be recorded in language acceptable to the
Township Solicitor, and depicted on the
subdivision plan.
(Note: The above Section 460.11. was amended on December 17, 1996, by Ordinance No. 12-17-1996-2. The above section was renumbered
No. 12-17-1996-2, §§2,9,17; further amended and renumbered to 460 on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was
(Note: Section 461 was amended on November 16, 2010 by Ordinance 11-16-10-1.)
462.
SLAUGHTERING, PROCESSING, RENDERING AND PACKAGING OF
PRODUCTS AND BYPRODUCTS PRODUCED FROM ANIMAL REMAINS.
Within the (I) Zone, slaughtering, processing, rendering, and packaging
of products and by-products produced from animal remains are permitted by
Minimum Lot Area – Five (5) acres.
The subject site shall have access to a major collector or arterial street.
All aspects of the slaughtering, processing, rendering, and packaging
operation, excepting the unloading and holding of live animals, shall be
conducted within a completely-enclosed building.
All live animals held outside shall be within secure holding pens or
runways, sufficiently large to accommodate all animals without crowding,
and not located within the front yard.
The applicant shall furnish a working plan for the recovery of escaped
animals which minimizes the potential for animals to enter traffic or cross
property lines, and which shall be continuously implemented.
All animal wastes shall be regularly cleaned up and properly disposed of, so as not to
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ZONING
be objectionable at the site’s property line.
The unloading of live animals from trucks into holding pens and their movement into
the plant shall be continuously supervised by a qualified operator, whose
responsibility it shall also be to immediately identify and appropriately dispatch any
obviously ill or injured animals.
The unloading of five animals and their movement into the plant shall be conducted
in an orderly and calm manner so as to minimize noise levels.
The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m.
and 10:00 p.m..
No exterior animal holding pens and/or areas devoted to loading/unloading of animals
shall be located within two hundred (200) feet of any property line nor five hundred
(500) feet of any land within a residential zone.
All animal holding pens and/or areas used for the loading/unloading of animals shall
be screened from all adjoining properties and shall include a minimum fifty (50) foot
wide landscape strip.
Public sewer and public water will be utilized.
Sewer and water lines shall not meet within or beneath the plant, and shall further be
designed and installed to minimize the potential for leakage and contamination by
maximizing the separation distance between lines and laying sewer lines at greater
depth than water lines.
Wastewater shall be kept completely covered at all times to reduce the potential for
release of odors. In no event shall wastewater be disposed of in a storm sewer, to the
ground, or in any other manner inconsistent with PA DEP regulations.
All unusable animal by-products shall be stored indoors in leak- and vector-proof
containers. In the case of slaughtering or processing operations which do not do their
own rendering, the applicant shall provide evidence of a written contract with a
rendering operation for the daily disposal of such waste products. In no case shall any
waste products remain on the site for more than twenty-four (24) hours.
The applicant must demonstrate written compliance with, and continue to comply
with, all applicable local, State and Federal standards and regulations.
The use shall provide sufficiently-long stacking lanes and on-site loading/unloading
areas, so that trucks waiting to be loaded/unloaded will not back up onto streets. No
parking or loading/unloading shall be permitted on or along any street.
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Vehicular access shall be so arranged as to minimize danger and congestion along
adjoining streets, and to avoid the creation of nuisances to nearby properties. Access
drives used by trucks shall only intersect with major collector or arterial streets.
All access drives shall be designed and located so as to permit the
following minimum sight distances measured from a point at least ten (10) feet
behind the curb line or edge of cartway of an intersecting public street. No sight
obstructions shall be permitted which are greater than three (3) feet or less
than ten (10) feet above the street surface.
Speed Limitation on Public Street (mph)
Required Sight Distance (feet)
25
30
35
40
45
50
55
240
275
315
350
425
475
550
All access drives onto the site shall have a paved minimum thirty-five
(35) foot wide cartway for a distance of at least two hundred (200) feet from
the street right-of-way. In addition, if portions of on-site access drives are
unpaved, then a fifty (50) foot long gravel section of driveway shall be placed
just beyond the preceding two hundred
(200) foot paved section to help collect any mud that may have attached to a vehicle’s
wheels.
The applicant shall furnish a traffic study prepared by a professional traffic
engineer in accordance with §322 of this Chapter.
2003, by Ordinance No. 4-1-03-1.)
§463.
SOLID WASTE HANDLING FACILITIES
Within the (I) Zone, solid waste handling facilities are permitted by special
(Note: The above Section 462.1. was revised on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on
27-231
ZONING
All solid waste handling facilities for “municipal and residual wastes,” as
defined by the PA DEP, shall be operated, and/or designated to be operated, by
the Solid Waste Management Authority of Lancaster County.
Any processing and/or treatment of waste (including but not limited to
incineration, composting, steaming, shredding, compaction, material separation,
refuse derived fuel, pyrolysis, etc.) shall be conducted within a completelyenclosed building.
No waste shall be deposited, stored or disposed of, and no building or
structure shall be located, within two hundred (200) feet of any property line, and
five hundred (500) feet of any land within a residential zone.
Any external area used for the unloading, transfer, storage, or deposition
of waste must be completely screened from view at the property line. (The use
of an earthen berm is encouraged where practicable.) In addition, such areas
must also be completely enclosed by an eight (8) foot high fence, with no
openings greater than two (2) inches in any direction.
The applicant must demonstrate compliance (through a written statement) and continue to
comply with all applicable State and Federal standards and regulations.
The use shall be screened from all adjoining properties.
All uses shall provide sufficiently-long stacking lanes into the facility, so
that vehicles waiting to be weighed and/or unloaded will not back-up onto streets.
(Note: The above Section 462.8. was revised on February 15, 2000, by Ordinance No. 2-15-00-3. The above section was renumbered in
All access drives on the site shall be completely paved, except in the case
of landfills where access drives are required to be paved for a distance of at
least two hundred
(200) feet from the street right-of-way line. In addition, if portions of on-site access
drives are unpaved, then a fifty (50) foot long gravel section of driveway shall be
placed just beyond the preceding two hundred (200) foot paved section to help collect
any mud that may have attached to a vehicle's wheels.
Access to the site shall be limited to those posted times when an attendant
is on duty. In order to protect against the indiscriminate and unauthorized
dumping, all areas of the site shall be protected by locked barricades, fences,
gates or other positive means designed to deny access to the area at unauthorized
times or locations.
Litter control shall be exercised to prevent the scattering of wind-borne
debris, and a working plan for the cleanup of litter shall be submitted to the
Township.
27-236
The unloading, processing, treatment, transfer, and disposal of waste shall
be continuously supervised by a qualified facility operator.
Any waste that is to be recycled shall be stored in leak- and vector-proof
containers. Such containers shall be designed to prevent their being carried by
wind or water. These containers shall be stored within a completely-enclosed
building.
All storage of waste shall be indoors in a manner that is leak- and
vector-proof. During normal operation, no more waste shall be stored on the
property than is needed to keep the facility in constant operation; but, in no
event for more than twenty-four (24) hours.
A contingency plan for the disposal of waste during a facility shutdown,
shall be submitted to the Township.
Leachate from the waste shall be disposed of in a manner in compliance
with any applicable State and Federal laws or regulations. If leachate is to be
discharged to a municipal sewage facility, pre-treatment shall be required and
appropriate permits shall be obtained from the applicable agencies and
authorities. In no event shall leachate be disposed of in a storm sewer, to the
ground, or in any other manner inconsistent with the Department of
Environmental Protection's regulations.
All structures shall be set back at least a distance equal to their height.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources, indicating quantity of
water required. If the source is from a municipal system, the applicant shall
submit documentation that the public authority will supply the water needed.
In addition, if the facility is to rely upon non-public sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the
proposed development on the groundwater supply and on existing wells. The purpose
of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing
wells in the vicinity. The water feasibility shall be reviewed by the municipal
engineer.
A water system which does not provide an adequate supply of water for the proposed
groundwater recharge, considering the water withdrawn by the proposed
development, shall not be approved by the municipality.
A water feasibility study shall include the following information:
- calculations of the projected water needs;
- a geologic map of the area with a radius of at least one mile from the site;
- the location of all existing and proposed wells within one thousand (1,000) feet of
27-237
ZONING
the site, with a notation of the capacity of all high-yield wells;
- the location of all existing on-lot sewage disposal systems within one thousand
-
(1,000) feet of the site;
the location of all streams within one thousand (1,000) feet of the site and all
known point sources of pollution;
based on the geologic formation(s) underlying the site, the long-term safe yield
shall be determined;
a determination of the effects of the proposed water supply system on the quantity
and quality of water in nearby wells, streams, and the groundwater table; and,
a statement of the qualifications and the signature(s) of the person(s) preparing the
study;
The applicant shall provide a qualified traffic analysis, as described in §322 of this
Chapter.
A minimum one hundred (100) foot wide landscape strip shall be located along all
property lines. No structures, storage, parking, or any other related activity or
operation shall be permitted within this landscape strip. Any fences or other screening
erected on the site, must not be located within this landscape strip.
The applicant shall furnish expert testimony regarding emergency preparedness
measures provided and/or otherwise available to respond to potential hazards
regarding the spill of waste materials during transport to and from the site, and
potential hazards regarding firefighting of waste materials upon the site.
No solid waste handling facility shall be located within one (1) mile of another, as
measured in a straight line between closest property lines.
Any sanitary landfill must be owned and operated by a municipality or its authority.
§464. SPENT MUSHROOM COMPOST PROCESSING AND/OR COMMERCIAL
MUSHROOM OPERATIONS.
Within the (A & I) Zones, spent mushroom compost processing and/or
commercial mushroom operations are permitted by conditional use and special
exception, respectively, subject to the following criteria:
(Note: The above Section 463.1. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered
Any processing, loading, storage and packaging operations must be
conducted within a completely-enclosed building that is leak-proof and vectorproof.
27-238
The applicant must demonstrate compliance (through a written statement)
and continue to comply with all applicable State and Federal standards and regulations.
The use shall be screened from all streets and adjoining properties.
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles
waiting to be weighed or loaded/unloaded will not back-up onto streets.
on April 1,2 003, by Ordinance No. 4-1-03-1.)
All driveways onto the site must be paved for a distance of at least one hundred (100)
feet from the street right-of-way line. In addition, a fifty (50) foot long gravel section of
driveway shall be placed just beyond the preceding one hundred (100) foot paved
section to help collect any mud that may have attached to a vehicle's wheels.
The unloading, processing and transfer of spent mushroom compost shall be
continuously supervised by a qualified facility operator.
Leachate from the spent mushroom compost shall be disposed of in a manner in compliance
with any applicable State and Federal laws or regulations. If leachate is to be
discharged to a municipal sewage facility, appropriate permits shall be obtained from
the applicable agencies and authorities. In no event shall leachate be disposed of in a
storm sewer to the ground or in any other manner inconsistent with the Department of
Environmental Protection's regulations.
(Note: The above Section 463.8. was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was renumbered on April 1,
2003, by Ordinance No. 4-1-03-1.)
The applicant shall submit an analysis of raw water needs (groundwater or surfacewater) from either private or public sources, indicating quantity of water required. If
the source is from a municipal system, the applicant shall submit documentation that
the public authority will supply the water needed. In addition, a water feasibility
study will be provided to enable the Township to evaluate the impact of the proposed
development on the groundwater supply and on existing wells. The purpose of the
study will be to determine if there is an adequate supply of water for the proposed
development and to estimate the impact of the new development on existing wells in
the vicinity. The water feasibility shall be reviewed by the Township Engineer. A
water system which does not provide an adequate supply of water for the proposed
groundwater recharge considering the water withdrawn by the proposed development
shall not be approved by the Township. A water feasibility study shall include the
following information:
A.
Calculations of the projected water needs.
B.
A geologic map of the area with a radius of at least 1 mile from the site.
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ZONING
C.
D.
The location of all existing and proposed wells within one thousand (1,000) feet
of the site and all known point sources of pollution.
Based on the geologic formation(s) underlying the site, the long term safe yield
shall be determined.
E.
A determination of the effects of the proposed water supply system on the
quantity and quality of water in nearby wells, streams and the groundwater table.
F.
A statement of the qualifications and the signature(s) of the person(s) preparing
the study.
A minimum one hundred (100) foot wide landscape strip shall be located along all
property lines. No structures, storage, parking or any other related activity or
operation shall be permitted within this landscape strip. Any fences or other screening
erected on the site must not be located within this landscape strip.
The applicant shall provide an analysis of the physical conditions of the primary street
system serving the proposed use. The analysis shall include information on the
current traffic flows on this street system, and projections of traffic generated by the
proposed use. Improvements to the street shall be provided by the applicant to insure
safe turning movements to and from the site and safe through movement on the
existing street.
on April 1,2 003, by Ordinance No. 4-1-03-1.)
Any structure used for the storage, loading, processing and/or packaging of spent
mushroom compost shall be set back at least one hundred (100) feet from all property
lines and five hundred (500) feet from any residentially-zoned properties. In addition,
any ventilation outlets must be oriented away from any land within an adjoining
residential zone.
§465.
TRUCK STOPS AND/OR MOTOR FREIGHT TERMINALS.
Within the (I) Zone, truck stops and/or motor freight terminals are
The subject property shall have a minimum of three hundred (300)
feet of road frontage along an arterial street.
The subject property shall be located no closer than five hundred (500) feet
from the
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(R-1, or R-2) Zones and/or property containing a school, day-care facility, park,
playground, library, hospital, or nursing, rest or retirement home.
All structures (including, but not limited to, air compressors, fuel
pump islands, kiosks) shall be set back at least fifty (50) feet from any street
right-of-way line.
Access driveways shall be a minimum of twenty-four (24) feet, and a
maximum of thirty-five (35) feet wide. All access drives onto the same street
shall be set back at least one hundred and fifty (150) feet from one another,
as measured from closest points of cartway edges.
Off-street parking shall be provided at a rate equal to that required for
each of the respective uses comprising the truck stop. The applicant shall also
present credible evidence that the number of “oversized” off-street parking
spaces provided for trucks will be adequate to accommodate the expected
demand generated by truck patrons. Any gates or other barriers used at the
entrance to parking areas shall be set back and arranged to prevent vehicle
backups onto adjoining streets during peak arrival periods.
Trash receptacles shall be provided amid off-street parking areas
which shall be routinely emptied. Furthermore, a working plan for the regular
cleanup of litter shall be furnished and continuously implemented by the
applicant.
All uses involving drive-thru restaurant and/or drive-thru vehicle service
and/or washing shall provide sufficient on-site stacking lanes to prevent vehicle
backups on adjoining streets.
All vehicle service and/or repair activities shall be conducted within a
completely- enclosed building. No outdoor storage of parts, equipment,
lubricants, fuels, or other materials used or discarded in any service or repair
operations, shall be permitted.
The outdoor storage of unlicensed vehicles is prohibited.
All vehicles and machinery shall be repaired and removed from
the premises promptly.
The
demolition or junking of vehicles and machinery is prohibited. Demolished
vehicles and/or parts thereof, shall be removed within two (2) weeks after arrival.
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ZONING
Any exterior public address system shall be designed and operated so that the
audible
levels of any messages conveyed over the system will not exceed the ambient noise
levels of the use, as measured at each of the property lines.
The applicant shall submit a traffic impact report as governed by §322 of this Chapter.
The applicant shall furnish evidence that the storage and disposal of materials and
wastes will be accomplished in a manner that complies with all applicable State and
Federal regulations.
§466.
TWO-FAMILY CONVERSIONS.
Within the (A, R, R-1, R-2, NC, GC, and OS) Zones, a detached
single-family dwelling or portion thereof that existed on July 28, 1973, and
contained (at that time) at least three thousand (3,000) square feet may be
converted into two dwelling units by special exception, subject to the following
criteria:
The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized.
No extensions or modifications to the external appearance of the building
(except fire escapes) which would alter its residential character shall be permitted.
All floors above grade shall have direct means of escape to ground-level.
Four off-street parking spaces shall be provided.
The applicant shall obtain any required land development approvals.
§467.
WAREHOUSING AND WHOLESALE TRADE ESTABLISHMENTS.
Within the (I) Zone, warehousing and wholesale trade establishments are
The applicant shall provide a detailed description of the proposed use in
each of the following topics:
A.
The nature of the on-site activities and operations, the types of materials stored,
27-242
the frequency of distribution and restocking, the duration period of storage of
materials and the methods for disposal of any surplus or damaged materials. In
addition the applicant shall furnish evidence that the disposal of materials will
be accomplished in a manner that complies with State and Federal regulations.
B.
The general scale of the operation in terms of its market area, specific floor
space requirements for each activity, the total number of employees on each
shift, and an overall needed site size.
C.
Any environmental impacts that are likely to be generated (e.g. noise, smoke,
dust, litter, glare, vibration, electrical disturbance, wastewater, storm water, solid
waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts
generated by the proposed use fall within acceptable levels as regulated by
applicable laws and ordinance.
D.
A traffic study prepared in accordance with §322 of this Chapter.
§468
BILLBOARDS
Within the (GC & I) Zones, billboards are permitted by special
Billboards shall not exceed three hundred (300) square feet in area
inclusive of border or trim area. Billboards shall not be less than ten (10) feet in
height nor greater than twelve (12) feet in height. Further, billboards shall not
be less than twenty-five (25) feet in length nor greater than thirty (30) feet in
length.
No billboards shall be erected within three hundred (300) feet of a (R.
R-1 or R-2) Zone.
No billboards shall be located within one thousand (1,000) feet of
any existing billboard.
A billboard structure may contain one or two signs per facing and
may be placed double-faced, back-to-back or V-type on one structure. All
billboards shall not be greater than two (2) feet at its closest point nor
greater than fifteen (15) feet at its furthest point.
Billboards shall not exceed thirty-five (35) feet in height measured from
the height of the street to the top of the billboards. The bottom of the platform
or lowest point of the billboard shall be at least eight (8) feet above grade.
All billboards shall be maintained in safe structural condition. The painted
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ZONING
portions
of billboards shall be periodically repainted and kept in good condition.
The general vicinity of all billboards on undeveloped property must be kept free and clear of
sign materials, debris, trash, and other refuse.
No billboards shall be erected closer to a street right-of-way line than ten (10) feet.
No portion of any billboard shall be placed on or extend over the right-of-way line of
any street or highway. All billboards shall be constructed on a steel uni-pole support
meeting the industry-wide standards as established by the outdoor Advertising
Association of America and the Institute of Outdoor Advertising.
2003, by Ordinance No. 4-1-03-1.)
§469.
RESIDENTIAL ACCESSORY BUILDINGS
Residential accessory buildings in excess of a total combined footprint as
set forth in the applicable Section of Article 2 shall be permitted by special
exception subject to the following criteria:
No detached residential accessory building shall be located between the
principal dwelling and the street right-of-way line unless such building is set
back at least 100 feet from the street right-of-way line;
Any detached private garage or horse and carriage barn shall be set back a
horizontal distance from side to rear property lines equal to or in excess of the
height of the proposed private garage or horse and carriage barn;
In no case shall the side or rear yard setback of any detached residential
accessory building which contains in excess of 1176 square feet of floor area
be less than 15 feet;
No private garage or horse and carriage barn shall exceed 2688 square
feet in the Residential Zone (R-1) and Residential Zone (R-2);
feet in the Rural Residential Zone and Open Space Zone (OS);
feet in the Agricultural Zone (A);
Each private garage and horse and carriage barn shall meet all requirements
of Section 302.9;
The applicant shall demonstrate to the satisfaction of the Zoning Hearing
Board that the proposed residential accessory building is not capable of being
used as a dwelling unit or for the conduct of any non-residential use.
(Note: The above Section 468 was amended on October 3, 2000, by Ordinance No. 10-3-00-1. The above section was renumbered on April 1,
2003, by Ordinance No. 4-1-03-1. The above sections 425-468 were renumbered on April 1, 2003, by Ordinance No. 4-1-03-1.) The above
section was amended by Ordinance 6-19-07-1.
§470
RETIREMENT HOUSING
Within the (I) and (R-1) Zones, retirement housing is permitted by conditional use
subject to the following criteria.
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The use shall be served by both public/community water and public/community sewer.
Retirement housing may include one or more of the following uses:
A.
B.
C.
D.
E.
F.
G.
Duplex.
Multi-Family Dwelling.
Nursing, Rest, or Retirement Homes.
Single-Family Dwelling.
Townhouse.
Dining, Community Center, and Recreation Uses.
Retail and Service Uses that are clearly accessory to the residential uses and are
intended to primarily serve the needs of residents and employees of the
development and their invited guests.
Density and lot requirements shall be as follows:
A. The minimum lot size shall be two (2) acres.
B. The maximum overall density for any single residential use or combination of
several residential uses shall not exceed ten (10) units per gross acre. Each two
assisted living and/or personal care beds shall be considered equivalent to one
dwelling unit for the purposes of overall density.
C. Minimum lot width shall be two hundred (200) feet.
D. All retirement housing units or structures shall be set back a minimum of fifty
(50) feet from perimeter lot lines and/or rights-of-way of public streets that are
boundaries of the property. The following are minimum interior yard
requirements between building facades:
Side to Side
20’
Side to Rear
30’
Side to Front
30’
Front to Front
50’
Front to Rear
50’
Rear to Rear
50’
Corner to Corner
20’
Front, Side, or Rear to Interior
Access Drive or Parking:
25’
The maximum height of retirement housing units or structures shall not exceed thirty- five
(35) feet.
Parking shall be provided in accordance with Section 312 of this Ordinance and Section
507 of the Salisbury Township Subdivision and Land Development
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Ordinance; except that the schedule of required parking spaces for Retirement
Housing uses shall be as follows:
A. Assisted Living Facility; Nursing, Rest, and Retirement Home; and Personal
Care Center and Home: one (1) space per bed.
B. Duplex, Multi-Family, Single-Family, and Townhouse Dwelling: two (2) spaces
per dwelling unit.
C. Community Center and Retail and Service Uses: one (1) space per two hundred
(200) square feet of gross floor area.
D. Dining Uses: one (1) space per four (4) seats.
E.
Recreation Uses: as prescribed in Section 312 of this Ordinance.
The maximum impervious cover (buildings and paved areas) shall not exceed seventy
percent (70%).
Ancillary support and community services and facilities, clearly and primarily intended
to serve the residents and their guests shall be limited to: chapel and religious meeting
places, recreational/activities facilities, kitchen/dining services and facilities, wellness
center, gift shop, snack bar, meeting rooms, barber shop/beauty salon, library, laundry,
vehicle maintenance shop/garage, child and adult daycare, medical and therapy services
and facilities, home care services and facilities, and other support and community
services similar in nature. Such services and facilities shall be designed and constructed
integrally with and managed as part of the use or community, said facilities may not
exceed ten percent (10%) of the total gross acreage.
Signs shall be uniform in design and style throughout the use and community. Signs
that are not readable from the exterior of the site shall be regulated in size and number
by this Ordinance. Signs which are readable from the exterior of the site shall comply
with Section 315 of this Ordinance.
The subject property shall front on an arterial collector road.
(The above section was added on April 1, 2003, by Ordinance No. 4-1-03-1.)
§471. RURAL OCCUPATION AS A PRINCIPAL USE.
Within the (A) Zone, a rural occupation is permitted as a principal use by special
exception subject to the following.
Only one rural occupation may be conducted on a lot, and any building
housing the rural occupation shall not exceed 1,500 square feet.
A rural occupation shall only be conducted within one completely enclosed building that
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satisfies at least one of the following:
A. The building will remain the same size and in the same location as it existed on the
effective date of this Section.
B. The building is limited to one story in height or twenty (20) feet, whichever is lesser, is
located not less than one hundred (100) feet from the right-of-way line and is set back at
least fifty (50) feet from any side or rear lot lines to enable the eventual construction of a
dwelling unit on such lot. All applicants are required to design new buildings that shall
be compatible with their agricultural settings.
In no case shall the required maximum lot coverage for all impervious surfaces associated with
the rural occupation exceed 25 percent.
The applicant for a special exception under this Section shall present a plan to the Zoning
Hearing Board demonstrating the location of the rural occupation building, all impervious
surface areas associated with the rural occupation, and any outdoor storage area for the rural
occupation. Such plan shall additionally demonstrate that it will be possible to erect a single
family detached dwelling on the lot at meeting all Zoning Ordinance requirements a future
date.
All off-street parking and loading spaces shall be screened from adjoining streets and properties.
Outdoor storage shall be permitted to the rear of the rural occupation building so long as its size
does not exceed one-half (½) of the interior floor area of the rural occupation building, it is
located at least seventy-five (75) feet from any side lot lines and at least fifty (50) feet from
any rear lot lines, and it is screened from adjoining streets and properties. No materials shall
be stacked to a height greater than six (6) feet. As an alternate, one commercial truck of not
more than eleven thousand (11,000) pounds gross vehicle weight may be parked behind the
rural occupation structure, so long as it is screened from adjoining streets and properties.
One nonilluminated sign not exceeding two (2) square feet shall be permitted and must be set back
a distance at least equal to its height from every lot line.
No rural occupation shall generate more than 20 vehicle trips per day to or from the site. The
applicant shall furnish testimony regarding the expected numbers of vehicle trips associated
with the proposed use.
The maximum number of employees shall be two (2). For the purposes of this Section,
“employee” shall be defined as those involved in the on-site conduct of the rural occupation.
Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m. No rural
occupation shall be conducted on Sundays.
No manufacturing, mechanical or industrial use shall be permitted which causes any noise,
odor, glare, fume, smoke, dust, vibration, electromagnetic interference or other hazard that is
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noticeable at or beyond the closest lot line. No use that requires application or permitted by
the PA DEP for the handling of hazardous waste or other substances, shall be permitted,
except for wastewater treatment.
No retail sales shall be permitted.
The applicant shall furnish evidence that an approved means of sewage disposal shall be
utilized.
All trash dumpsters shall be located within a side or rear yard, screened from adjoining streets
and properties, and completely enclosed within a masonry or fenced enclosure equipped with
a self-latching door or gate.
The applicant shall provide evidence indicating that the disposal of all materials and waste
will be accomplished in a manner that complies with State and Federal regulations. Such
evidence shall, at a minimum, include copies of contracts with waste haulers licensed to
operate within Lancaster County which have been contracted to dispose of materials and
wastes used or generated on-site or some other legal means of disposal. No burning of waste
is permitted other than proper burning in a stove or furnace used to heat the structure. The
zoning permit for this use shall remain valid only so long as such contracts remain in effect
and all materials and wastes are properly disposed of on a regular basis. Should the nature of
the rural occupation change in the future, such that the materials used or wastes generated
changes significantly either in the type or amount, the owner of the rural occupation shall so
inform the Zoning Officer and shall provide additional evidence demonstrating continued
compliance with the requirements of this Section.
Upon the approval of the application and construction of the use, the Zoning Officer shall
issue a temporary certificate of use and occupancy. Such certificate shall be reviewed every
12 months until such times as the use is removed. A fee, in the amount to be set by the Board
of Supervisors, shall be paid by the landowner upon each renewal of the temporary certificate
of use and occupancy. Such fee shall be based upon the cost of the annual review. To
perform such review, the Zoning Officer will forward a survey form to the owner of the use.
The failure to accurately complete and return the survey shall be a violation of this Chapter if
the use continues to exist.
§472
STORAGE FACILITIES WITHIN FORMER AGRICULTURAL BUILDINGS
Within the (A) Zone, storage facilities shall be permitted by special exception
subject to the following.
Storage facilities may only be located in buildings existing on the effective
date of this Section which were formerly used for agricultural purposes.
The building shall retain the external appearance of an agricultural building.
All storage shall be kept within an enclosed building.
The storage of flammable, highly combustible, explosive, or hazardous chemicals shall be
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prohibited. Because of the danger from fire or explosion caused by accumulation of vapors from
gasoline, diesel fuel, paint, 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 expressly prohibited.
Storage facilities shall be used solely for the storage of property. The following lists examples of uses
expressly prohibited upon the site.
A.
Auctions, commercial wholesale or retail sales or garage sales.
B.
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers,
appliances, or other similar equipment.
C.
The operation of power tools, spray-painting equipment, table saws, lathes
D.
The establishment of a transfer and storage business.
E.
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
F.
All vehicles shall be parked inside of the building(s) at all times.
The applicant shall adequately demonstrate that all storage facility rental and/or use contracts shall
specifically prohibit the use identified in the §472.
§473.
RELATED USES ON ADJACENT LOTS.
Within the (A) Zone, adjoining lots may, by special exception, be used so that a residential
dwelling may be located on one lot and accessory uses for such residential dwelling
may be located on an immediately adjacent lot subject to the following requirements:
Each lot for which approval is sought under this Section shall not exceed 1.1 acres and shall
have been subdivided from a parent tract after the effective date of this Section.
The applicant shall locate the accessory structure in a manner such that the lot on which the
accessory structure is located can, in the future, be developed with a single family
detached dwelling. Applicant shall present a plan to the Zoning Hearing Board
showing each lot, the improvements to be immediately constructed on each lot, and the
location of a future dwelling on the lot which will contain only an accessory structure.
Each lot and the parent tract shall be used in a manner which shall insure the continued viability
of on-lot sewage disposal for a principal dwelling unit on each lot. If necessary, applicant
shall present evidence of the creation of easements on the parent tract for the dispersal
of nitrogen nitrates from the on-lot sewage disposal system serving each lot.
The adjacent lots shall remain in common ownership as long as no residential dwelling is on the
lot containing only an accessory structure. If the owner seeks to separately convey
the lot containing only an accessory structure, the use of such accessory structure shall be
discontinued
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ZONING
until a principal residential dwelling is erected.
The above Sections 471-473 were added on August 18,2009 by Ordinance 8-18-09-1.
PART 5
NONCONFORMITIES
§501.
CONTINUATION.
Except as otherwise provided in this Section any use, building or structure lawfully existing at
the time of enactment of this Chapter may be continued, although it is not in conformity with
the regulations specified by this Chapter.
No. 1-19-1993-3, §1.)
§502.
ABANDONMENT.
If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of 1 year or more, subsequent use of such building, structure or land shall be in
conformity with the provisions of this Chapter.
§503.
EXPANSION OF A NONCONFORMING USE.
Any nonconforming use may be expanded or altered upon obtaining a special exception when
an applicant demonstrates that it meets the following criteria and those contained in Section
605:
Expansion of the nonconformity shall be confined to the lot on which it was located
on the effective date of this Ordinance or any amendment thereto creating the
nonconformity.
Except in the case of an agricultural use which shall have no limitation on building or
structural expansion other than as determined through the application of
applicable zoning standards (e.g. setbacks, lot coverage, permitted height, etc.),
the total of all such expansions or alterations of a nonconforming use shall not
exceed twenty-five percent (25%) of the area of those buildings or structures
or land devoted to the nonconforming use as they existed on the date on
which the use of such buildings, structures or land first became
nonconformities. The applicant shall furnish conclusive evidence as to the extent
of the nonconformity when it was created.
The applicant shall demonstrate that there will be provision for vehicular access, offstreet parking and off-street loading consistent with standards required by this
Ordinance.
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The applicant shall demonstrate that there will be provision for yards, building height,
and building area consistent with the standards required for permitted uses in the
district in which the nonconformity in question is located.
The appearance shall be harmonious with surrounding properties; this feature
includes but is not limited to landscaping, enclosure of principal and accessory
uses, height control, sign control, architectural control, and maintenance of all
improvements and open spaces.
The applicant shall provide buffers and screens as necessary to adequately
protect neighboring properties. This includes but is not limited to fences, walls,
plantings, and open spaces.
The expansion shall not create new dimensional nonconformities or further
increase existing dimensional nonconformities.
No expansion of a nonconforming structure or a nonconforming use located
outside of a structure existing on the effective date of this Ordinance shall be
permitted in the Floodplain Zone.
(Note: The above Section 503 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §503 and on May 16, 2006 by Ordinance 516-06-1)
§504.
SUBSTITUTION OF A NONCONFORMING USE.
Once a conforming use is established, no nonconforming use shall be permitted in the future.
The Zoning Hearing Boar may, by special exception, permit the substitution of one
nonconforming use for an existing nonconforming use when an applicant demonstrates that it
meets the following criteria and limitations:
The use proposed to be substituted shall not be more detrimental to the other uses in
the zoning district than the existing nonconforming use.
The proposed use to be substituted shall not generate more traffic than the existing
nonconforming use.
The proposed use to be substituted, if commercial or industrial in nature, shall not
have longer hours of operation than the existing nonconforming use.
The proposed use to be substituted shall not generate higher levels of noise, smoke,
glare or other potential nuisance conditions or safety hazards beyond the
boundaries of the property than the existing nonconforming use.
The proposed use to be substituted shall not be more detrimental to the neighboring
properties and uses than the existing nonconforming use.
The existing nonconforming use shall be completely abandoned.
(Note: The above Section 504 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §504 and on May 16, 2006 by Ordinance
5-16-06-1.)
§505.
RESTORATION.
Any lawful nonconforming building or other structure which has been involuntarily damaged or
destroyed by fire, explosion, windstorm or other similar active cause may be reconstructed in
the same location, provided that:
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ZONING
A.
The reconstructed building or structure shall not exceed the height, area or
volume of the damaged or destroyed building or structure and such reconstructed building or structure shall not increase any dimensional nonconformities.
B.
Reconstruction shall begin within 1 year from the date of damage or destruction
and shall be carried on without interruption.
§506.
PREVIOUSLY EXPANDED NONCONFORMING USES
AND STRUCTURES.
It is the express intent and purpose of this Chapter that if a building, structure, sign or land was
expanded or extended to the limits of expansion for a nonconforming building, structure, sign
or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of
said building, structure, sign or land shall be authorized. In the event a nonconforming
building, structure, sign or use of land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance, additional expansion if permitted by this
Chapter, shall only be authorized to the amount of expansion not previously utilized pursuant to
said prior zoning regulation or ordinance.
§507.
NONCONFORMING LOTS OF RECORD.
507.1. This subsection applies only to the Agricultural Zone (A). Nonconforming lots of
record, less than one acre, shall not be enlarged to exceed two (2) acres unless the
remaining acreage is used to create a conforming tract of land of twenty-five (25)
acres or more. A tract of land not less than one (1) acre and not exceeding two (2)
acres may be subdivided from a parcel of less than twenty-five (25) acres provided
that the remaining land is deeded to and joined in common with an adjoining
operating farm of twenty-five (25) acres or more, or will increase the size of a
nonconforming farm to twenty-five (25) acres or more.
(Note: The above Section 507 was amended on February 2, 1999, by Ordinance No. 2-2-99-2. The above section was amended on April 1,
2003, by Ordinance No. 4-1-03-1.)
§508.
AMORTIZATION OF NONCONFORMING SIGNS
Any sign that was legally existing as of the effective date of this Chapter that does not comply
with the provisions listed in §315 of this Chapter, shall be considered a nonconforming sign.
All nonconforming signs may continue for a period up to five (5) years from the effective date
of this Chapter. After the five (5) year continuance period, all nonconforming signs shall be
removed, reconstructed and/or altered so that they comply with all of the provisions contained
within §315 of this Chapter. Any improvements, repairs, reconstructions, or any other
alterations made to the nonconforming sign during the five (5) year continuance period shall not
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waive the requirements for elimination of the nonconforming signs at the end of the
continuance period. This section shall not apply to any legally-existing nonconforming
billboards.
§509. AMORTIZATION OF THE NONCONFORMING STORAGE OF
UPON RESIDENTIAL PROPERTIES
JUNK
Any external storage of junk (as defined herein) upon a property used as a principal residence
that was legally existing as of the effective date of this Chapter, shall be considered
nonconforming. All such storage may continue for a period of up to six (6) months from the
effective date of this Chapter. After the six (6) month period, all such storage shall be removed.
Failure to remove such junk shall constitute a zoning violation. Any improvement, repair,
reconstruction, or any other alteration made to the area used to store junk during the six (6)
month period shall not waive the requirements for elimination of the use.
(Note: The above Section 509 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §508; on August 2, 1994, by Ordinance
No. 8-2-1994-1, §1.)
§510
EXPANSION OF AGRICULTURAL BUILDINGS
510.1 The subsection applies only to the Agricultural Zone (A). Any agricultural building
(other than commercial poultry or commercial hog buildings) that was legally in
existence as of the date of this amendment on farms containing at least ten (10) acres
may be expanded without obtaining a special exception or variance, provided that
such expansion does not result in a further encroachment into the yard setback
requirement or exceed the lot coverage requirement. Additionally, any new
agricultural building (other than commercial poultry or commercial hog buildings)
may be constructed on farms containing at least ten (10) acres without obtaining a
special exception or variance, provided that such building does not encroach into a
yard setback requirements or exceed the lot coverage requirement.
§511
DIMENSIONAL NONCONFORMITIES
An existing structure which contains a permitted use and is non-conforming as to building
setbacks or lot area may be expanded provided that:
The expanded portion of the structure will not extend nearer any street right-of-way
line or other property line than the part of the existing structure which is closest
to the street right-of-way line or other property line.
All other yard requirements of the zoning district are met.
No expansion shall be permitted which may cause danger to vehicle or pedestrian
traffic on a street by obscuring the view.
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ZONING
No expansion shall be permitted within five (5) feet of any street right-of-way line or property line.
(Note: The above section was amended on May 16, 2006 by Ordinance 5-16-06-1).
PART 6
ZONING HEARING BOARD
§601.
ESTABLISHMENT AND MEMBERSHIP.
There is hereby created a Zoning Hearing Board which shall consist of three (3) residents of the
Township who shall be appointed by resolution of the Board of Supervisors. Zoning Hearing Board
members shall be residents of the Township and shall serve for three (3) year terms which shall
be so fixed that the term of office of no more than one (1) member shall expire each year. The Zoning
Hearing Board shall promptly notify the Board of Supervisors of any vacancies which shall
occur, and appointments to fill such vacancies shall be only for the unexpired portion of the term.
Members of the Zoning Hearing Board shall hold no other office in the Township . Any member of
the Zoning Hearing Board may be removed for malfeasance, misfeasance, or nonfeasance in office or
for other just cause by a majority vote of the Board of Supervisors taken after the member has
received fifteen (15) days’ advance notice of the intent of the Board of Supervisors to take such a
vote. A hearing shall be held in connection with the vote if the member shall request such hearing in
writing. The Board of Supervisors may, in its discretion, appoint by resolution between one (1) and
three (3) alternate members to the Zoning Hearing Board. Such alternate members shall have the right
to participate in all hearings of the Zoning Hearing Board but shall be entitled to vote only as
provided in Article IX of the MPC. Whenever the term “Board” is used in this Article, it shall mean
the Zoning Hearing Board.
(Note: The above Section 601 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §600 and on May 16, 2006 by Ordinance 5-16-06-1)
§602.
ORGANIZATION OF BOARD.
The Board shall elect from its membership its officers, who shall serve annual terms as such and
may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum
shall be not less than two (2) members. If the Board of Supervisors has appointed alternate
members to the Zoning Hearing Board, the Chairman of the Zoning Hearing Board may designate
alternate members to participate and vote upon designated applications in accordance with the
regulations contained in Article IX of the MPC. The Board my also appoint a Hearing Officer
from its own membership to conduct any hearing on its behalf, and the parties may waive further
action by the Board as provided in the MPC. The Board my make, alter, and rescind rules and
forms for its procedure, consistent with the ordinances of the Township and the laws of the
Commonwealth. The Zoning Hearing Board shall keep full public records of its business, which
records shall be the property of the Township, and shall submit a report of its activities to the
Board of Supervisors as requested by the Board of Supervisors.
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(27, PART 8)
(Note: The above Section 602 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §601 and on May 16, 2006 by Ordinance 5-16-06-1)
§603.
EXPENDITURES FOR SERVICES.
Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or
contract for secretaries, clerks, legal counsel, consultants and other technical and clerical
services. Members of the Board may receive compensation for the performance of their duties, as may
be fixed by the Board of Supervisors. Alternate members of the Board may receive compensation,
as may be fixed by the Board of Supervisors, for the performance of their duties when designated as
alternate members pursuant to §602, but in no case shall such compensation exceed the rate of
compensation authorized to be paid to the members by the Board of Supervisors.
§604.
HEARINGS.
The Board shall conduct hearings and make decisions in accordance with the
A.
B.
C.
The Zoning Hearing Board shall fix a reasonable time and place for the public
hearing and shall give notice thereof stating the time and place of the hearing and
the particular nature of the matter to be considered as follows:
1.
By publishing notice thereof as required by the MPC.
2.
By mailing a notice thereof to the applicant.
3.
By mailing a notice thereof to the Zoning Officer, the Township Secretary,
and to every person or organization who shall have registered with the Zoning
Hearing Board for the purpose of receiving such notices.
4.
By posting notice conspicuously on the affected tract of land at least one
(1) week prior to the hearing.
The hearing shall be held within such time periods as are required by the MPC.
The Board of Supervisors may prescribe reasonable fees with respect to hearings before
the Zoning Hearing Board which may include all items authorized by the MPC.
(Note: The above section was amended on May 16, 2006 by Ordinance 5-16-06-1).
The hearings shall be conducted by the Board or the Board may appoint any
member as a Hearing Officer. The decision or, where no decision is called for, the
findings shall be made by the Board however, the appellant or the applicant, as the
case may be, in addition to the Township may, prior to the decision of the
hearing, waive decision or findings by the Board and accept the decision or findings
of the hearing officer as final.
The parties to the hearing shall be the Township, any person affected by the
application who has made timely appearance of record before the Board, and any
other person including civic or community organizations permitted to appear by the
Board. The Board shall have power to require that all persons who wish to be
considered parties enter appearances in writing on forms provided by the Board for that
purpose.
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ZONING
The Chairman or Acting Chairman of the Board or the Hearing Officer presiding
shall have power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers, including
witnesses and documents requested by the parties.
The parties shall have the right to be represented by counsel and shall be afforded
the opportunity to respond and present evidence and argument and cross-examine
adverse witnesses on all relevant issues.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly
repetitious evidence may be excluded.
The Board or the Hearing Officer, as the case may be, shall keep a
stenographic record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board. The cost of the original transcript
shall be paid by the Board if the transcript is ordered by the Board or Hearing Officer;
or shall be paid by the person appealing from the decision of the Board if such appeal is
made, and in either event the cost of additional copies shall be paid by the person
requesting such copy or copies. In other cases the party requesting the original
transcript shall bear the cost thereof.
The Board or the Hearing Officer shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue involved except
upon notice and opportunity for all parties to participate, shall not take notice of
any communication, reports, staff memoranda or other materials, except advice from
their Solicitor, unless the parties are afforded an opportunity to contest the material
so noticed and shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties are given an
opportunity to be present.
The Board or the Hearing Officer, as the case may be, shall render a decision
within the time periods and within the manners required by the MPC and shall serve
such decision in accordance with the requirements of the MPC.
(Note: The above section was amended on May 16, 2006 by Ordinance 5-16-06-1)
A copy of the final decision or, where no decision is called for, of the findings
shall be delivered to the applicant personally or mailed to him not later than the day
following its date. To all other persons who have filed their name and address with
the Board not later than the last day of the hearing, the Board shall provide by mail or
otherwise, brief notice of the decision or findings and a statement of the place at
which the full decision or findings may be examined.
Effect of Board's Decision. If the variance or special exception is granted or
the issuance of a permit is approved, or other action by the appellant is authorized,
the necessary permit shall be secured and the authorized action begun within 6
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(27, PART 8)
months after the date when the variance or special exception is finally granted or the
issuance
of a permit is finally approved or the other action by the appellant is authorized, and the
building or alteration, as the case may be, shall be completed within 12 months of said date.
For good cause the Board may, upon application in writing, state the reasons therefore,
extend either the 6 month or 12 month period. Should the appellant or applicant fail to obtain
the necessary permits within said 6 month period, or having obtained the permit should he
fail to commence work thereunder within such 6 month period, it shall be conclusively
presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal
or his application, and all provisions, variances and permits granted to him shall be
deemed automatically rescinded by the Board. Should the appellant or applicant
commence construction or alteration within said 6 month period, but should he fail to
complete such construction or alteration within said 12 month period, the Board may
upon 10 days notice in writing, rescind or revoke the granted variance or special
exception, or the issuance of the permit, or permits or the other action authorized to the
appellant or applicant. However, in the event the applicant must obtain either subdivision or
land development approval, the aforesaid time frames shall begin to run from the date
of the recording of the subdivision or land development plan. If the Board finds that a good
cause appears for the failure to complete within such 12 month period and if the Board
further finds that conditions have so altered or changed in the interval since the granting of
the variance, permit or action, that revocation or rescission of the action is justified.
(Note: The above Section 604 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §603; on February 2, 1999, by Ordinance No. 2-299-2.)
§605.
BOARD FUNCTIONS.
The Zoning Hearing Board shall have the exclusive jurisdiction to hear and render decisions in the
following matters:
A.
Substantive challenges to the validity of this Chapter, except those brought before
the Board of Supervisors pursuant to §704(5) of this Chapter.
(1)
If a challenge heard by a Zoning Hearing Board is found to have merit, the
decision of the Zoning Hearing Board shall include recommended
amendments to the challenged ordinance which will cure the defects found.
In reaching its decision, the Zoning Hearing Board shall consider the
amendments, plans and explanatory material submitted by the landowner and
shall also consider:
(a)
The impact of the proposal upon streets, sewer facilities, water
supplies, schools and other public service facilities.
(Note: The above Section 605.A.(1)(a) was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
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ZONING
(b)
If the proposal is for a residential use, the impact of the proposal upon
regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to and
affordable by classes of persons otherwise unlawfully excluded by
the challenged provisions of the ordinance or map.
(c)
The suitability of the site for the intensity of use proposed by the site's
soils, slopes, woodland, wetlands, floodplains, aquifers, natural
resources and other natural features.
(d)
The impact of the proposed use on the site's soils, slopes, woodlands,
wetlands, floodplains, natural resources and natural features, the
degree to which these are protected or destroyed, the tolerance of the
resources to development and any adverse environmental impacts.
(e)
The impact of the proposal on the preservation of agriculture and other
land uses which are essential to public health and welfare.
(2)
The Zoning Hearing Board shall render its decision within 45 days after the
conclusion of the last hearing. If the Board fails to act on the landowner's
request within this time limit a denial of the request is deemed to have occurred
on the 46th day after the close of the last hearing.
(3)
The Zoning Hearing Board shall commence its hearings within 60 days after
the request is filed unless the landowner requests or consents to an extension of
time.
(4)
Public notice of the hearing shall be provided as specified in §704(2)(B) of this
Chapter.
B.
Challenges to the validity of this Chapter raising procedural questions or alleged defects
in the process of enactment or adoption which challenges shall be raised by an appeal
taken within 30 days after the effective date of the Chapter.
C.
Application for Special Exceptions. Pursuant to the expressed following requirements:
(1)
Filing Requirements. In addition to the required building permit information
(see §702) each special exception application shall include the following:
(a)
Ground floor plans and elevations of proposed structures.
(b)
Names and address of adjoining property owners including properties
directly across a public right-of-way.
(c)
A scaled or dimensioned drawing (site plan) of the site with
sufficient detail and accuracy to demonstrate compliance with all
27-250
(27, PART 8)
applicable provisions of this Chapter.
(d)
(2)
A written description of the proposed use in sufficient detail to
demonstrate compliance with all applicable provisions of this
Chapter.
General Criteria. Each applicant must demonstrate compliance with the
following:
(a)
The proposed use shall be consistent with the purpose and intent of this
Chapter.
(b)
The proposed use shall not detract from the use and enjoyment of
adjoining or nearby properties.
(c)
The proposed use will not substantially change the character of the
subject property's neighborhood.
(d)
Adequate public facilities are available to serve the proposed use (e.g.,
schools, fire, police and ambulance protection, sewer, water and other
utilities, vehicular access, etc.).
(e)
For development within the Floodplain Zone, that the application
complies with those requirements listed in §212(6) of this Chapter.
(f)
The proposed use shall comply with those criteria specifically listed
in Part 4 of this Chapter. In addition, the proposed use must comply
with all other applicable regulations contained in this Chapter.
(g)
The proposed use will not substantially impair the integrity of the
Township's Comprehensive Plan.
(3)
Conditions. The Zoning Hearing Board in approving special exception
applications, may attach conditions considered necessary to protect the public
welfare and the purposes listed above, including conditions which are more
restrictive than those established for other uses in the same zone. These
conditions shall be enforceable by the Zoning Officer and failure to comply
with such conditions shall constitute a violation of this Chapter and be subject
to the penalties described in Part 7.
(4)
Site Plan Approval. Any site plan presented in support of the special
exception pursuant to §605(C)(1) shall become an official part of the record
for said special exception. Approval of any special exception will also bind the
use in accordance with the submitted site plan; therefore, should a change in
the site plan be required as part of the approval of the
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ZONING
use, the applicant shall revise the site plan prior to the issuance of a
building permit. Any subsequent change to the use on the subject property
not reflected on the originally approved site plan shall require the obtainment
of another special exception approval.
D.
Variances.
(1)
(2)
Filing Requirements. In addition to the required building permit information
(see §702) each variance application shall include the following:
(a)
Ground floor plans and elevations or proposed structures.
(b)
Names and address of adjoining property owners including properties
directly across a public right-of-way.
(c)
A scaled or dimensioned drawing (site plan) of the site with
sufficient detail and accuracy to demonstrate compliance with all
applicable provisions of this Chapter.
(d)
A written description of the proposed use in sufficient detail to
demonstrate compliance with all applicable provisions of this
Chapter.
The Board shall hear requests for variances where it is alleged that the
provisions of this Chapter inflict unnecessary hardship upon the applicant.
The Board may, by rule, prescribe the form of application to the Zoning
Officer. The Board may grant a variance, provided that all of the following
findings are made where relevant in a given case:
(a)
That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to the
particular property and that the unnecessary hardship is due to such
conditions, and not the circumstances or conditions generally created by
the provisions of this Chapter in the neighborhood or zone in which the
property is located.
(b)
That because of such physical circumstances or conditions, there is no
possibility that the property can be developed in strict conformity
with the provisions of this Chapter and that the authorization of a
variance is therefore necessary to enable reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the
appellant.
(d)
That the variance, if authorized, will not alter the essential char-
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(27, PART 8)
acter of the zone or neighborhood in which the property is located
nor substantially or permanently impair the appropriate use or
development of adjacent property, nor be detrimental to the public
welfare.
(e)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification possible of the regulations in issue.
(f)
That variances within the Floodplain Zone shall require compliance
with those regulations contained in §212(7) of this Chapter.
(g)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement
the purposes of this Chapter. These conditions shall be enforceable by
the Zoning Officer and failure to comply with such conditions shall
constitute a violations of this Chapter and subject to the penalties
described in Part 7.
E.
Appeals from the determination of the Zoning Officer including, but not limited to, the
granting or denial of any permit, or failure to act on the application therefore, the
issuance of any cease and desist order or the registration or refusal to register any
nonconforming use, structure or lot.
F.
Appeals from a determination by the Township Engineer or the Zoning Officer with
reference to the administration of any provisions contained within the Floodplain
Zone.
G.
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this Chapter.
H.
Appeals from the Zoning Officer's determination under §916.2 (and any subsequent
amendments) of the Act.
I.
Appeals from the determination of the Zoning Officer or Township Engineer in the
administration of any land use ordinance with reference to sedimentation and erosion
control and/or storm water management for applications not involving a
subdivision/land development, nor a planned residential development as regulated in
Articles V and VII of the Act, respectively.
§606.
PARTIES APPELLANT BEFORE THE BOARD.
Appeals under §605(E), (F), (G), (H) and (I) and proceedings to challenge this Chapter under
§605(A) and (B) may be filed with the Board in writing by the landowner affected, any officer or
agency of the Township, or any person aggrieved. Requests for a variance under §605(D)
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ZONING
and for special exception under §605(C) may be filed with the Board by any landowner or any tenant
with the permission of such landowner. Any appeal shall state:
A.
The name and address of the appellant and applicant.
B.
The name and address of the landowner of the real estate to be affected.
C.
A brief description and location of the real estate to be affected by such proposed
change together with a plot plan drawn to scale with sufficient clarity to show the
nature and character of the request.
D.
A statement of the present zoning classification of the real estate in question, the
improvements thereon, and the present use thereof.
E.
A statement of the Section of this Chapter under which the request may be
allowed and reasons why it should, or should not be, granted.
§607.
TIME LIMITATIONS.
No person shall be allowed to file any proceeding with the Board later than 30
days after an application for development, preliminary or final, has been approved by
the Zoning Officer or the agency responsible for granting such approval if such
proceeding is designed to secure reversal or to limit the approval in any manner,
unless such person alleges and proves that he had no notice or knowledge, or reason
to be- lieve that such approval had been given. If such person has succeeded to his
interest after such approval, he shall be bound by the knowledge of his predecessor in
interest.
The failure of anyone other than the landowner to appeal from an adverse
decision by the Zoning Officer on a challenge to the validity of this Chapter or the
Official Zoning Map pursuant to §916.2 of the Act, as amended, shall preclude an
appeal from a final approval except in the case where the final submission substantially
deviates from the approved tentative preliminary approval.
§608.
STAY OF PROCEEDING.
Upon filing of any proceeding referred to in §606 and during its pendency
before the Board, all land development pursuant to any challenged ordinance, order or
approval of the Zoning Officer or of any agency or body, and all official action
thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or
body certifies to the Board facts indicating that such stay would cause imminent
peril to life or property, in which case, the development or official action shall not be
stayed otherwise than by a restraining order, which may be granted by the Board or
by the court having jurisdiction of zoning appeals on petition after notice to the
27-254
Zoning Officer or other appropriate agency or body.
development,
(27, PART 8)
When an application for
preliminary or final, has been duly approved and proceedings designed to reverse or limit
the approval are filed with the Board by persons other than the applicant, the applicant
may petition the court having jurisdiction of zoning appeals to order such persons to post
bond as a condition to continuing the proceedings before the Board. After the petition is
presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous.
At the hearing evidence may be presented on the merits of the case. It shall be the burden
of the applicant for a bond to prove the appeal is frivolous. After consideration of all
evidence presented, if the court determines that the appeal is frivolous it shall grant the
petition for a bond. The right to petition the court to order the appellants to post bond may
be waived by the appellee but such waiver may be revoked by him if an appeal is taken
from a final decision of the court. The question whether or not such petition should be
granted and the amount of the bond shall be within the sound discretion of the court. An
order denying a petition for bond shall be interlocutory. An order directing the responding
party to post a bond shall be interlocutory.
If an appeal is taken by a respondent to the petition for a bond from an order of the court
dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the
order of the court below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals,
shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.
§609.
APPEAL.
Any person, taxpayer or the Township aggrieved by any decision of the Board may within 30 days
after such decision of the Board seek review by the Court of Common Pleas of such decision in
the manner provided by the laws of the Commonwealth of Pennsylvania and Article X-A of the Act, as
amended.
PART 7 ADMINISTRATION
§701.
ADMINISTRATION AND ENFORCEMENT.
Administration.
A.
Zoning Officer. The provisions of this Chapter shall be enforced by an agent, to be
appointed by the Board of Supervisors, who shall be known as the Zoning Officer.
The Zoning Officer shall be appointed at the first meeting of the Board of Supervisors
in January to serve until the first day of January next following, and shall thereafter be
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ZONING
appointed annually to serve for a term of 1 year and/or until his successor is
appointed. The Zoning Officer may succeed himself. He/ she shall receive such fees or
compensation as the Board of Supervisors may, by resolution, provide. The Zoning
Officer shall not hold any elective office within the Township. The Zoning Officer may
designate an employee of the Township as his Deputy, subject to the approval of the
Board of Supervisors, who shall exercise all the powers of the Zoning Officer during
the temporary absence or disability of the Zoning Officer.
B.
Duties. The duties of the Zoning Officer shall be:
(1)
To receive, examine and process all applications as provided by the terms
of this Chapter. The Zoning Officer shall also issue building permits for
special exception and conditional uses, or for variances after the same have
been approved.
(2)
To record and file all applications for building permits or certificates of use
and occupancy and accompanying plans and documents, and keep them for
public record.
(3)
To inspect properties to determine compliance with all provisions of this
Chapter, as well as conditions attached to the approval of variances, special
exceptions, conditional uses and curative amendments.
(4)
To inspect nonconforming uses, structures and lots and to keep a filed record
of such nonconforming uses and structures, together with the reasons why
the Zoning Officer identified them as nonconformities, as a public record and to
examine them periodically, with the view of eliminating the nonconforming
uses under the existing laws and regulations.
(5)
Upon the request of the Board of Supervisors or the Zoning Hearing Board,
present to such bodies facts, records, and any similar information on specific
requests, to assist such bodies in reaching their decisions.
(6)
To be responsible for keeping this Chapter and the Official Zoning Map up to
date, including any amendments thereto.
(7)
Upon the approval by the Zoning Hearing Board of a special exception, or
upon the approval of a conditional use by the Board of Supervisors for
development located within the Floodplain Zone, written notice of the
approval shall be sent by registered mail from the Zoning Officer to the
Pennsylvania Department of Community Affairs.
(8)
To remain eligible for the National Flood Insurance Program, the Zoning
Officer shall submit a biannual report to the Federal Insurance Adminis- tration
concerning the status of the program in the Township (the report form shall be
provided by the Federal Insurance Administration).
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(27, PART 8)
(9)
To render a preliminary opinion regarding a proposed land use in accordance
with §916.2. of the Act.
Enforcement. This Chapter shall be enforced by the Zoning Officer of the
Township. No building permit or certificate of use and occupancy shall be granted by
him/her for any purpose, except in compliance with the literal provisions of this
Chapter. The Zoning Officer may be authorized to institute civil enforcement
proceedings as a means of enforcement when acting within his/her scope of
employment.
Violations.
A.
Failure to secure a building permit prior to a change in use of land or structure, or the
erection, construction or alteration of any structure or portion thereof, shall be a
violation of this Chapter. It shall also be a violation of this Chapter to undertake other
deliberate action which are contrary to the terms of the Chapter and any conditions
placed upon the approval of special exceptions, variances and conditional uses. Each
day that a violation is continued shall constitute a separate offense.
B.
If it appears to the Township that a violation of this Chapter enacted under the Act or
prior enabling laws has occurred, the Township shall initiate enforcement proceedings
by sending an enforcement notice as provided in the following:
(1)
The enforcement notice shall be sent to the owner of record of the parcel on
which the violation has occurred, to any person who has filed a written
request to receive enforcement notices regarding that parcel and to any other
person requested in writing by the owner of record.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against whom
the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions of
this Chapter.
(d)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to the Zoning
Hearing Board within a prescribed period of time in accordance
with procedures set forth in this Chapter.
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ZONING
(f)
That failure to comply with the notice within the time specified, unless
extended by appeal to the Zoning Hearing Board, consti- tutes a
violation, with possible sanctions clearly described.
Enforcement Remedies. Any person, partnership or corporation who or which
has violated or permitted the violation of the provisions of this Chapter enacted under
the Act or prior enables laws shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, pay a judgment of not more
than $500 plus all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed, levied or be
payable until the date of the determination of a violation by the district justice. If the
defendant neither pays nor timely appeals the judgment, the Township may
enforce the judgment pursuant to the applicable rules of civil procedure. Each day
that a violation continues shall constitute a separate violation, unless the district
justice determining that there has been a violation further determines that there was a
good faith basis for the person, partnership or corporation violating this Chapter to
have believed that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this Chapter shall be paid over to the
Township.
Causes of Action. In case any building, structure landscaping or land is, or
is proposed to be, erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of any ordinance enacted under this act or prior enabling
laws, the Board of Supervisors or, with the approval of the Board of Supervisors, an
officer of the Township, or any aggrieved owner or tenant of real property who shows
that his property or person will be substantially affected by the alleged violation, in
addition to other remedies, may institute any appropriate action or proceeding to
prevent, restrain, correct or abate such building, structure, landscaping or land or to
prevent, in or about such premises, any act, conduct, business or use constituting a
violation. When any such action is instituted by a landowner or tenant, notice of that action
shall be served upon the Township at least 30 days prior to the time the action is begun by
serving a copy of the complaint on the Board of Supervisors of the Township. No such
action may be maintained until such notice has been given.
§702.
PERMITS.
General Requirements for Building Permits.
A.
A building permit shall be required prior to:
(1)
The change in use of land or structure.
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(27, PART 8)
(2)
The erection, construction, improvement or alteration of any structure or part
thereof.
(3)
The alteration or development of any improved or unimproved real estate
including, but not limited to, mining, dredging, filling, grading, paving,
excavation and/or drilling operations, and excluding tilling associated with
agricultural or horticultural uses.
(4)
The erection or alteration of any signs listed in §315.2. of this Chapter.
(Note: The above Section 702.1.A.(4) was amended on February 2, 1999, by Ordinance No.2-2-99-2.)
(5)
The construction or installation of manure storage facilities, lakes, ponds,
dams or other water retention basins.
(6)
The conduct of any forestry use as defined herein.
(Note: The above Section 702.1.A (5) was amended on August 7, 2001, by Ordinance 8-7-2001-2.)
No building permit shall be required for repairs or maintenance of any structure or land
provided such repairs do not change the use or the exterior dimensions of the
structure or otherwise violate the provisions of this Chapter. In addition, no building
permit is required for the placement of a mobile home within a mobile home park,
nor the construction of fences, walls and driveways.
B.
Application for building permits shall be made in writing to the Zoning Officer.
C.
Such building permits shall be granted or refused within 90 days from date of
application.
D.
No building permit shall be issued except in conformity with the regulations of this
Chapter, except after written order from the Zoning Hearing Board or the courts. A
building permit shall not be issued for the construction, alteration or repair of any
building or structure for which an individual sewage system or community sewage
system is required to be installed or altered, until such time as a sewage permit is
issued.
E.
In all instances in which the Zoning Officer expresses a reasonable doubt as to the
ability of a proposed use to meet all the requirements of this Chapter, it will be
incumbent upon the applicant to furnish adequate evidence in support of his
application. If such evidence is not presented, the building permit will be denied.
F.
Application for a permit shall be made by the owner or lessee of any building or
structure, or the agent of either; provided, however, that if the application is made
by a person other than the owner or lessee, it shall be accompanied by a written
authorization of the owner or the qualified person making an application, that the
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ZONING
proposed work is authorized by this owner. The full names and addresses of the
owner, lessee, applicant and of the responsible officers, if the owner or lessee is a
corporate body, shall be stated in the application.
G.
The Zoning Officer may call upon other Township staff and/or Township appointed consultants in the review of submitted materials for applications.
H.
The Zoning Officer may revoke a permit or approval issued under the provisions of this
Chapter in case of any false statement or misrepresentation of fact in the application or
on the plans on which the permit or approval was based or for any other cause set forth
in this Chapter.
I.
No permit shall be issued until the fees prescribed by the Board of Township
Supervisors pursuant to the resolution shall be paid to the Zoning Officer. The
payment of fees under this Section shall not relieve the applicant or holder of said
permit from payment of other fees that may be required by this Chapter or by any other
ordinances or law.
J.
Issuance of Permits. Upon receiving the application, the Zoning Officer shall
examine the same within a reasonable time after filing. If the application or plans
do not conform to the provisions of all pertinent local laws, he shall reject such
application in writing, stating the reasons therefore. He shall inform the applicant of
his right to appeal to the Zoning Hearing Board in the event such application is
rejected. If satisfied that the proposed work and/or use conforms to the provisions of
this Chapter and all laws and ordinances applicable thereto, and that the certificate of
use and occupancy as required herein has been applied for, he shall issue a permit
therefor as soon as practical but not later than 90 days from receipt of the application.
K.
Reconsideration of Application. An applicant whose request for a permit has
been denied by the Zoning Officer may make a later application for a permit,
provided all deficiencies which were the basis for the prior denial of the permit have
been eliminated. The Zoning Officer shall not be required to make a new inspection of
the application if this condition is not met.
L.
Expiration of Permit. The permit shall expire after 1 year from the date of issuance;
provided, however, that the same may be extended every 6 months for a period not to
exceed an additional 1 year.
M.
Compliance with Ordinance. The permit shall be a license to proceed with the work
and should not be construed as authority to violate, cancel or set aside any of the
provisions of this Chapter, except as stipulated by the Zoning Hearing Board.
N.
Compliance with Permit and Plot Plan. All work or uses shall conform to the
approved application and plans for which the permit has been issued as well as the
approved plot plan.
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(27, PART 8)
O.
Display of Building Permit. All approved building permits shall be prominently
displayed on the subject property during construction, renovation, reconstruction,
repair, remodeling or the conduct of other site improvements. Such permit displays
shall occur within 5 days of permit issuance, or prior to the commencement of actual
work on the site, whichever occurs first. Such permit display shall be continuous
until the site receives its certificate of use and occupancy.
P.
Temporary Use Permits. It is recognized that it may be in accordance with the
purpose of this Chapter to permit temporary activities for a limited period of time,
which activities may be prohibited by other provisions of this Chapter. If such uses are
of such a nature, and are so located that, at the time of petition of special exception,
they will:
(1)
In no way exert a detrimental effect upon the uses of land and activities
normally permitted in the zone.
(2)
Contribute materially to the welfare of the Township, particularly in a state
of emergency, under conditions peculiar to the time and place involved
then, the Zoning Hearing Board may, subject to all regulations for the
issuance of special exception elsewhere specified, direct the Zoning Officer
to issue a permit for a period not to exceed 6 months. Such permits may be
extended not more than once for an additional period of 6 months.
Application for All Building Permits.
A.
Applications shall contain a general description of the proposed work, development,
use of occupancy of all parts of the structure or land and shall be accompanied by
plans in duplicate drawn to scale or dimensioned to accurately determine the
following:
(1)
Actual dimensions and shape of lot to be developed.
(2)
Exact location and dimensions of any structures to be erected,
constructed and altered.
(3)
Existing and proposed uses, including the number of occupied units,
businesses, etc., all structures are designed to accommodate.
(4)
Off-street parking and loading spaces.
(5)
Utility systems affected and proposed.
(6)
Alteration or development of any improved or unimproved real estate.
(7)
The size of structures and the number of employees anticipated.
(8)
Any other lawful information that may be required by the Zoning Officer to
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ZONING
(9)
determine compliance with this Chapter.
An accurate copy of the plan of record of any applicable subdivision and/or
land development plan, including all required signatures and an executed
certificate by the Recorder of Deeds Office.
(Note: The above Section 702.2.A. was added on February 15, 2000, by Ordinance No. 2-15-00-3.)
B.
If the proposed development, excavation or construction is located within the
Floodplain Zone, the following information is specifically required to accompany all
applications:
(1)
The accurate location of the floodplain and floodway.
(2)
The elevation, in relation to the National Geodetic Vertical Datum of 1929
(NGVD), of the lowest floor, including basements.
(3)
The elevation, in relation to the NGVD, to which all structures and
utilities will be flood proof or elevated.
(4)
Site location including address.
(5)
Brief description of proposed work and estimated cost, including a
breakout of the flood-related cost and the market value of the
building before any flood damage occurred.
(Note: The above section was amended by Ordinance 4-19-05-1)
C.
Applications for permits for agricultural or nonagricultural uses involving earth
disturbance of five thousand (5,000) square feet, or more, where any of the
following conditions apply shall require submission of written evidence that the
proposed activity/use as an Erosion and Sediment Pollution Control Plan, that meets
with the approval of the Lancaster County Conservation District;
(1)
Excavation involving the piping of storm water or the construction of manmade watercourses;
(2)
Excavation on a site that possesses slopes exceeding ten percent (10%);
(3)
Excavation within fifty (50) feet of a stream or other body of water; and,
(4)
The proposed earthmoving activity
sedimentation to nearby bodies of water.
presents
the potential
for
(Note: The above Section 702.2.C. was added on February 15, 2000, by Ordinance No. 2-15-00-3.)
Application for Building Permits for Uses in All Commercial and Industrial Zones.
A.
A location plan showing the tract to be developed, zone boundaries, adjoining tracts,
27-262
(27, PART 8)
significant natural features and streets for a distance of two hundred (200) feet from all
tract boundaries.
B.
A plot plan of the lot showing the location of all existing and proposed buildings,
driveways, parking lots showing access drives, circulation patterns, curb cut accesses,
parking stalls access from streets, screening fences and walls, waste disposal fields or
other methods of sewage disposal, other construction features on the lot and the
location of all topographical features.
C.
A description of the operations proposed in sufficient detail to indicate the effects
of those operations in producing traffic congestion, noise, glare, air pollution,
water pollution, vibration, fire hazards, safety hazards or the emission of any potentially
harmful or obnoxious matter or radiation.
D.
Engineering plans for treatment and disposal of sewage and industrial waste,
tailings or unusable by-products.
E.
Engineering plans for the handling of traffic, noise, glare, air pollution, water
pollution, vibration, fire hazards, or safety hazards, smoke, or emission of any
potentially harmful or obnoxious matter or radiation.
F.
Designation of the manner by which sanitary sewage and storm water shall be
disposed and water supply obtained.
G.
The proposed number of shifts to be worked and the maximum number of
employees on each shift.
H.
Where use by more than one firm is anticipated, a list of firms which are likely to be
located in the center, their floor area and estimated number of employees.
An accurate copy of the plan of record of any applicable subdivision and/or land
development plan, including all required signatures and an executed certificate by the
Recorder of Deeds Office.
I.
(Note: The above Section 702.3.I. was added on February 15, 2000, by Ordinance No. 2-15-00-3.)
Certificate of Use and Occupancy.
A.
It shall be unlawful to use and/or occupy a structure, building, sign and/or land or
portion thereof for which a permit is required herein until a certificate of use and
occupancy for such structure, building, sign, and/or land or portion thereof has been
issued by the Zoning Officer. The application for issuance of a certificate of use
and occupancy shall be made at the same time an application for a building permit is
filed with the Zoning Officer as required herein.
B.
The application for a certificate of use and occupancy shall be in such form as the
Zoning Officer may prescribe and may be made on the same application as it required
27-263
ZONING
for a building permit.
C.
The application shall contain the intended use and/or occupancy of any structure,
building, sign and/or land or portion thereof for which a building permit is
required herein.
D.
The Zoning Officer shall inspect any structure, building or sign within 10 days upon
notification that the proposed work that was listed under the permit has been
completed and if satisfied that the work is in conformity and compliance with the
work listed in the issued permit and all other pertinent laws, he shall issue a
certificate of use and occupancy for the intended use listed in the original application.
E.
The certificate of use and occupancy or a true copy thereof shall be kept
available for official inspection at all times.
F.
Upon request of a holder of a building permit, the Zoning Officer may issue a
temporary certificate of use and occupancy for a structure, building, sign and/or land,
or portion thereof, before the entire work covered by the permit shall have been
completed, provided such portion or portions may be used and/or occupied safely prior
to full completion of the work without endangering life or public welfare. The
Zoning Officer shall also issue a temporary certificate of use and occupancy for such
temporary uses as tents, use of land for religious or other
public or semipublic purposes and similar temporary use and/or occupancy. Such
temporary certificates shall be for the period of time to be determined by the Zoning
Officer, however, in no case for a period exceeding 6 months.
G.
A certificate of use and occupancy shall not be issued for structures and buildings
located in subdivisions requiring improvement guarantees until the structure or
building abuts either a street which has been accepted by the Township for
dedication or abuts upon a street which has been paved with a base wearing course.
(Note: The above Section 702.4.A.G. was revised on February 15, 2000, by Ordinance No. 2-15-00-3.)
H.
In commercial and industrial zones in which operation standards are imposed, no
certificate of use and occupancy shall become permanent until 30 days after the
facilities are fully operational when, upon a reinspection by the Zoning Officer, it
is determined that the facilities are in compliance with all operation standards.
§703.
FEES.
703.1. Determination. The Board of Supervisors may, by resolution, establish fees for the
administration of this Chapter. All fees shall be determined by a schedule that is made
available to the general public. The Board of Supervisors may reevaluate the fee schedule
and make necessary alterations to it. Such alterations shall not be considered an
amendment to this Chapter and may be adopted at any public meeting of the Board of
27-264
(27, PART 8)
Supervisors.
§704.
AMENDMENTS.
Power of Amendment. The Board of Supervisors of the Township may, from
time to time as hereinafter provided, amend change or repeal this Ordinance or the
Official Zoning Map of the Township. Any amendment, change or repeal may be
initiated by the Board of Supervisors, the Township Planning Commission or by a
petition to the Board of Supervisors.
Amendment Initiated by Township Planning Commission. When the
Township Planning Commission initiates an amendment, change or repeal, a
report of the proposed amendment, change or repeal shall be presented to the Zoning
Officer. Said report shall be processed in the same manner as a petition to the Board of
Supervisors which has already been review by the Township Planning Commission.
Amendments Initiated by the Board of Supervisors. When the Board of
Supervisors initiates an amendment, change or repeal, the Board of Supervisors shall
instruct the
Zoning Officer to submit the proposal to the Township Planning Commission.
Procedure for Petition to the Board of Supervisors. When the amendment,
change or repeal is initiated by petition to the Board of Supervisors, the Zoning
Officer shall simultaneously transmit said petition to the Board of Supervisors and a
copy of said petition to the Township Planning Commission except that when the
Zoning Officer determines that the petition is substantially the same as a petition
submitted within six
(6) months previous, he shall transmit the petition to the Board of Supervisors who shall
instruct the Zoning Officer to process the petition as specified in this Article or, stating their
reasons, refuse to take further action on the petition.
The petition for amendment, change or repeal shall be submitted in duplicate and
contain information to identify the petitioner, the amendment, change or repeal,
together with any fees imposed by the Board of Supervisors and, if applicable, by the
Lancaster County Planning Commission for reviews required by the MPC. In instances
where the petition requests a change in the boundaries of a Zone on the Official Zoning
Map, a plan with distances and data sufficient to identify the property to be reclassified and
any other information requested by the Zoning Officer shall be submitted. Such petition
shall be signed by at least one (1) record owner of the property involved and contain a
duly authorized affidavit.
Referral to the Township and County Planning Commissions. After receipt of
the petition by the Board of Supervisors, said petition shall be presented to the
Township and Lancaster County Planning Commissions for their review and
27-265
ZONING
recommendations in accordance with the requirements of the MPC.
Hearing and Enactment Process for Zoning Ordinance Amendments. The Board
of Supervisors shall fix a time and place for a public hearing at which parties of
interest and citizens shall have an opportunity to be heard. Notice of such public
hearing shall be given in accordance with the requirements of the MPC. At the time
and place specified, the Board of Supervisors shall conduct a hearing on said petition to
amend, change or repeal the Zoning Ordinance or Zoning Map of the Township
and may thereafter either reject the proposed change or adopt an ordinance
implementing the proposed change. The Board of Supervisors may adjourn said
hearing in its discretion to a time and place certain.
Curative Amendment. Curative amendments initiated by a landowner or by the
MPC shall be processed in accordance with the provisions of the MPC.
Amendments to the Zoning Map. If, in accordance with provisions of this
Ordinance, changes are made in district boundaries or other matter portrayed on the
Zoning Map, such changes shall be made on the Official Zoning Map promptly by
the Township Secretary. This change shall be accompanied by an entry on the Zoning
Map stating the date of the amendment and the ordinance number which amends the
Zoning Map.
(Note: The above Section 704 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §703; further amended on February 6, 1996, by
Ordinance No. 2-6-1996-2, §§1-3; further amended on May 16, 2006 by Ordinance 5-16-06-1)
§705.
CONDITIONAL USES.
Filing of Conditional Use. For any use permitted by conditional use, a conditional
use must be obtained from the Board of Supervisors. In addition to the
information required on the building permit application, the conditional use
application must show:
A.
Ground floor plans and elevations of proposed structures.
B.
Names and addresses of adjoining property owners including properties directly across
a public right-of-way.
C.
A scaled drawing (site plan) of the site with sufficient detail and accuracy to
demonstrate compliance with all applicable provisions of this Chapter.
D.
A written description of the proposed use in sufficient detail to demonstrate
compliance with all applicable provisions of this Chapter.
General Criteria. Each applicant must demonstrate compliance with the following:
A.
The proposed use shall be consistent with the purpose and intent of this Chapter.
27-266
(27, PART 8)
B.
The proposed use shall not detract from the use and enjoyment of adjoining or nearby
properties.
C.
The proposed use will not effect a change in the character of the subject property's
neighborhood.
D.
Adequate public facilities are available to serve the proposed use (e.g., schools, fire,
police and ambulance protection, sewer, water and other utilities, vehicular access and
etc.).
E.
For development within the Floodplain Zone, that the application complies with
§212(6) of this Chapter.
F.
The proposed use shall comply with those criteria specifically listed in Part 4 of this
Chapter. In addition, the proposed use must comply with all other applicable
regulations of this Chapter.
G.
The proposed use will not substantially impair the integrity of the Township's
Comprehensive Plan.
Conditions. The Board of Supervisors in approving conditional use applications
may attach conditions considered necessary to protect the public welfare and the
purposes listed above, including conditions which are more restrictive than those
established for other uses in the same zone. These conditions shall be enforceable by
the Zoning
Officer and failure to comply with such conditions shall constitute a violation of this
Chapter and be subject to the penalties described in this Part.
Site Plan Approval. Any site plan presented in support of the conditional use
pursuant to subsection (1) shall become an official part of the record for said
conditional use. Approval of any conditional use will also bind the use in accordance
with the submitted site plan; therefore, should a change in the site plan be required as
part of the approval of the use, the applicant shall revise the site plan prior to the
issuance of a building permit. Any subsequent change to the use on the subject
property not reflected on the originally approved site plan shall require the obtainment
of another conditional use approval.
Hearing Procedures.
A.
Before voting on the approval of a conditional use, the Board of Supervisors shall
hold a public hearing thereon, pursuant to public notice. The Board of Supervisors
shall submit each such application to the Township Planning Com- mission to provide
the Township Planning Commission with an opportunity to submit recommendations.
B.
Public notice and written notice shall be given to the applicant and the Zoning
Officer.
27-267
ZONING
C.
The Board of Supervisors may prescribe reasonable fees with respect to hearings.
D.
The parties to the hearing shall be the Township and any person affected by the
application who has made timely appearance of record before the Board of
Supervisors. The Board of Supervisors shall have power to require that all
persons who wish to be considered parties enter appearances in writing on forms
provided by the Board of Supervisors for that purpose.
E.
The Chairman or Acting Chairman of the Board of Supervisors shall have power to
administer oaths and issue subpoenas to compel the attendance of witnesses and the
production of relevant documents and papers including witnesses and documents
requested by the parties.
F.
The parties shall have the right to be represented by counsel and shall be
afforded the opportunity to respond and present evidence and argument and crossexamine adverse witnesses.
G.
Formal rules of evidence shall not apply but irrelevant, immaterial or unduly
repetitious evidence may be excluded.
H.
The Board of Supervisors may keep a stenographic record of the proceedings. The
appearance fee for a stenographer shall be paid by the applicant. The cost of the
original transcript shall be paid by the Board of Supervisors if the
transcript is ordered by the Board of Supervisors, or shall be paid by the person
appealing the decision of the Board of Supervisors if such appeal is made, and in
either event, the cost of additional copies shall be paid by the person requesting such
copy or copies. In other cases the party requesting the original transcript shall bear
the cost thereof.
I.
The Board of Supervisors shall not communicate, directly or indirectly, with any
party or his representative in connection with any issue involved except upon
notice and opportunity for all parties to participate, shall not take notice of any
communication, reports, staff memoranda, or other materials, except advise from
their solicitor, unless the parties are afforded an opportunity contest the material
so noticed and shall not inspect the site or its surroundings after the
commencement of hearings with any party or his representative unless all parties are
given an opportunity to be present; and,
Time Limitation:
A.
If a conditional use is granted, the necessary permit shall be secured and the
authorized action begun within two (2) years after the date when the conditional use
is finally granted, and the building or alteration, as the case may be, shall be
completed within three (3) years of said date. For good cause, the Board of
Supervisors may at any time, upon application in writing, extend either of these
deadlines.
27-268
(27, PART 8)
B.
Should the appellant or applicant fail to obtain the necessary permits within said two
(2) year period, or having obtained the permit should he fail to commence work
thereunder within such two (2) year period, it shall be conclusively presumed that
the appellant or applicant has waived, withdrawn, or abandoned his application, and
all approvals and permits granted to him shall be deemed automatically rescinded
by the Board of Supervisors.
C.
Should the appellant commence construction or alteration within said two (2) year
period, but should he fail to complete such construction or alteration within said
three (3) year period, the Board of Supervisors may, upon ten (10) days notice in
writing, rescind or revoke the granted conditional use, if the Board of Supervisors
finds that no good cause appears for the failure to complete within such three (3)
year period, and if the Board of Supervisors further finds that conditions have
altered or changed in the interval since the granting of the conditional use that
revocation or rescission of the action is justified; and,
D.
As an alternative to the preceding, an applicant can request, as part of the
original application before the Board, the granting of a timetable associated with the
request which would supersede the deadlines imposed in Section 705.6.A.C. In so doing, the applicant must demonstrate that the times requested are
logically related to normal and expected progress of the project. In approving a
timetable under this section, the Board must establish and bind a definite timeframe for (1) issuance of a zoning permit, and (2) completion of construction of
the project.
(Note: The above Sections 705.5.I. and 705.6. were amended on February 2, 1999, by Ordinance No. 2-2-99-2.)
(Note: The above Section 705 was amended on November 20, 1990, by Ordinance No. 11-20-1990, §704; on February 6, 1996, by Ordinance No. 2-61996-2, §4.)
PART 8
ZONING MAP RECLASSIFICATIONS
Ordinance
Date
Description
2-6-1996-4
2/2/1996
Amending the Salisbury Township Zoning Map by rezoning a
tract of land located at the southwest corner of Meetinghouse
Road (T-904) and Meadeville Road (T-908) from (R) Rural
Residential Zone to (A) Agricultural Zone.
5-7-1996-3
5/7/1996
tract of land located on the southerly side of Meadeville Road
(T-908) from R-1 Residential Zone (R-1) to Neighborhood
Commercial Zone (NC).
27-269
ZONING
5-7-1996-4
5/7/1996
tract of land located on the west side of Churchtown Road (T901), being approximately eight hundred and thirty (830) feet
south of its intersection with Meadeville Road (T-908) from
the Neighborhood Commercial Zone (NC) to Agricultural
Zone (A).
5-7-1996-5
5/7/1996
tract of land located north of U.S. Route 30 and west of
Pennsylvania Route 897 for a depth of five hundred (500) feet
north of U.S. Route 30 from Residential Zone (R-1) to General Commercial Zone (GC).
12-17-1996-2
12/17/1996
tract of land from the R Zone to the R-1 Zone.
tract of land from the R-1 Zone to the A Zone.
tract of land from the R-2 Zone to the A Zone.
tract of land from the R Zone to the I Zone.
tract of land from the R-2 Zone to the I Zone.
Chapter
Subject
Section
ZONING
administration
administration and enforcement
27
701
amendments
27
704
fees
27
703
pennits
27
702
uses, conditional
27
705
adult related facilities
27
403
airport/heliport
27
404
amusement arcades
27
405
automobile auctions and/or automobile storage
27
406
27
407
27
408
criteria, specific
compounds
automobile, boat, farm machinery, truck, trailer, mobile home and heavy equipment service
and repair facilities
automobile filling stations (including minor
incidental repair)
27-270
bed and breakfast
27
(27, PART 8)
409
billboards
27
467
boarding house
27
410
campground
27
411
car wash
27
412
church and related uses
27
413
clubhouses for private clubs
27
414
cluster development (R-1) zone
27
415
cluster development (R-2) zone
27
416
commercial day care facilities
27
417
commercial hog operations
27
418
commercial poultry operations
27
419
commercial produce operations
27
420
commercial recreation facilities
27
421
422
commercial stockyards or feedlots
27
Subject
Chapter
communication antennas, towers and equipment
27
convenience commercial center
27
423
424
convenience stores
27
425
convention centers
27
426
drive-through and/ or fast food restaurant
27
427
dry cleaners, laundries and laundromats
27
428
echo housing
27
429
farm house expansion
27
431
farm occupations
27
432
farm support businesses
27
433
farmers and/ or flea markets
27
430
future use, reserved for
27
402
golf course
27
434
group day care facility
27
435
health and fitness club
27
436
27-271
Section
ZONING
heavy equipment sales, service and/ or repair
facilities
27
437
heavy industrial uses
27
438
home improvement and building supply stores
27
440
home occupation
27
439
hospital and related uses
27
441
hotels and related dining facilities
27
442
junkyard
27
443
kennels
27
444
medical residential campus
27
445
nightclubs
27
448
mini warehouses
27
446
mobile home parks
27
447
nursing, rest or retirement home
27
449
off-track betting parlors
27
450
private and commercial schools
27
451
public transportation depots
27
452
Subject
Chapter
public uses
27
453
quarries and other extractive related uses
27
454
recycling stations for paper, plastic, glass and
27
455
riding school and/ or horse boarding stable
27
456
rural occupations
27
457
sawmills
27
458
shooting ranges
27
459
shopping centers
27
460
single-family detached dwellings
27
461
slaughtering, processing, rendering and packaging of products and byproducts produced
from animal remains
27
462
solid waste handling facilities
27
463
special exception and conditions uses, specific
27
401
Section
metal products
27-272
(27, PART 8)
standards for
spent mushroom compost processing and/ or
27
464
truck stops and/ or motor freight terminals
27
465
two-family conversions
27
466
warehousing and wholesale trade
establishments
27
467
abandonment
27
502
continuation
27
501
expansion or alteration
27
503
nonconforming signs, amortization of
27
508
nonconforming storage of junk upon residential
27
509
nonconforming uses and structures, previously
expanded
27
506
record, nonconforming lots of
27
507
restoration
27
505
substitution or replacement
27
504
commercial mushroom operations
nonconformities
properties, amortization of the
Subject
Chapter
Section
provisions, background
community development objectives
27
111
conflict
27
105
definitions
27
112
interpretation
27
104
purpose
27
102
scope
27
103
title, short
27
101
uses not provided for
27
107
validity
27
106
zone boundary lines
27
110
zones, establishment of
27
108
zoning map
27
109
27
311
provisions, general
access drive requirements
27-273
ZONING
accessory uses and structures
27
302
clear sight triangle
27
306
common open space requirements
27
323
driveway requirements (single-family dwelling)
27
310
habitable floor area, minimum
27
307
height limit exception
27
305
junkyards
27
319
litter
27
324
occupancy requirements,
27
318
off-street loading requirements
27
313
off-street parking requirements
27
312
one principal use on a lot, erection of more
than
onlot sewage disposal systems, zoning require-
27
308
27
317
27
320
permanent/temporary
ments for use of
operation and performance standards
Subject
Chapter
Section
outdoor signs
27
315
outdoor storage and display requirements
27
321
provisions, general
27
301
roadway classifications
27
316
screening and landscaping requirements
27
314
setback modifications
27
304
traffic study standards, required
27
322
unenclosed storage
27
303
vehicular access, required
27
309
(R) rural residential zone
27
202
agricultural zone (A)
27
201
farm support zone (FS)
27
209
floodplain zone (FP)
27
212
general commercial zone (GC)
27
206
industrial zone (I)
27
208
neighborhood commercial zone (NC)
27
205
regulations, zone
27-274
open space zone (OS)
27
(27, PART 8)
211
quarry zone (Q)
27
210
regional commercial zone (RC)
27
207
residential zone (R-2)
27
204
residential zone (R-1)
27
203
appeal
27
609
board functions
27
605
board, organization of
27
602
establishment and membership
27
601
hearings
27
604
parties appellant before the board
27
606
proceeding, stay of
27
608
Services, expenditures for
27
603
zoning hearing board
Subject
Chapter
Section
time limitations
27
607
zoning map reclassifications
27
Part 8
ZONING HEARING BOARD, see ZONING
ZONING MAP RECLASSIFICATIONS, see ZONING
ZONING; PRIOR ORDINANCES
Appendix
27-275
J

27-1 ZONING CHAPTER 27 ZONING PART 1 BACKGROUND

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