A.
Purpose of zone.
(1)
The primary purpose of this zone is to promote the continuation and
preservation of agricultural activities in those areas most suitable
for such activities. It is further intended to protect farms of sufficient
size to allow them to remain economically viable, as opposed to the
creation of farmettes that are not agriculturally productive. 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. Additionally, large-scale and obtrusive
uses are permitted by conditional use to separate them from the Township's
population concentrations. Provisions of this zone have been specifically
formulated to further the objectives of the Pennsylvania Municipalities
Planning Code,[1] which provides that local zoning ordinances shall be designed
"to preserve prime agriculture and farmland considering topography,
soil type and classification, and present use." The Township hopes
to protect surface water quality through various techniques applied
within this zone.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
In addition to the creation and perpetuation of this zone, the Township
supports creation of agricultural security areas and shall promote
expansion of current agricultural security areas. The regulations
are not intended to restrict agricultural operations, or changes to
or expansions of agricultural operations in geographical areas where
agriculture has traditionally existed.
(3)
The regulations of the Agricultural Zone are not intended to violate
or exceed the provisions of the Act of May 20, 1993 (P.L. 12, No.
6), known as the "Nutrient Management Act,"[2] the Act of June 30, 1981 (P.L. 128, No. 43), known as
the "Agricultural Area Security Law,"[3] the Act of June 10, 1982 (P.L. 454, No. 133), entitled
"An Act Protecting Agricultural Operations from Nuisance Suits and
Ordinances Under Certain Circumstances"[4] as mandated by the Act, as amended, the Pennsylvania Act
133 of 1982, the "Right to Farm Law,"[5] or the Agriculture Communities and Rural Environment (ACRE)
Act, Pennsylvania Act 38 of 2005,[6] as may be amended.
(4)
Finally, in accordance with the recommendations of the Conewago Township
Comprehensive Plan, this zone also intends to serve as a sending area
for the transfer of development rights as enabled in Section 603(c)(2.2)
of the Act[7] to voluntarily compensate landowners who agree to the
perpetual protection of agriculturally productive or open lands via
conservation easements.
[7]
Editor's Note: See 53 P.S. § 10603(c)(2.2).
B.
Uses permitted by right:
(1)
Agriculture and horticulture, including one single-family detached
dwelling contained on the site, excluding concentrated animal feeding
operations (CAFOs) and concentrated animal operations (CAOs), both
as defined herein.
(2)
Co-located communications antennas upon existing structures (e.g., utility transmission towers, observation towers, communications towers, silos, steeples, smokestacks, water towers, flagpoles, and other similar structures), subject to the requirements of § 155-66 of this chapter.
(3)
Equestrian centers and riding stables, as defined herein, subject to the requirements of § 155-78 of this chapter.
(5)
Single-family detached dwellings, including those contained upon flag lots, provided such flag lots comply with the requirements of § 155-84 of this chapter.
(7)
Parks and playgrounds.
(8)
Public utilities structures.
(9)
Uses devoted to the conservation of natural and cultural resources.
(10)
Uses of Conewago Township or its agencies and/or authorities,
including but not limited to government structures and facilities,
including but not limited to office buildings, public works facilities,
parks and recreational facilities, and Township owned and operated
utilities, including sanitary sewer and waterlines, pumping stations,
collection and distribution lines, and treatment plants and associated
rights-of-way.
(11)
Veterinary offices, as defined herein, subject to the requirements of § 155-133 of this chapter.
(12)
Governmental uses, as defined herein.
(13)
Accessory uses customarily incidental to the above permitted
uses, including, but not limited to, the following:
(a)
Alternative energy production facilities, subject to the requirements of § 155-51 of this chapter.
(c)
Detached buildings (e.g., sheds, barns, pole buildings, etc.)
used to house personal property of the residents.
(e)
Domestic pets, as defined herein.
(g)
Family day-care facilities, as defined herein, subject to the requirements of § 155-79 of this chapter.
(j)
Garages for the storage of personal vehicles and/or personal
property, attached or detached to the dwelling unit.
(l)
Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 155-100 of this chapter.
(m)
Manure storage facilities, as an accessory use to an agricultural or horticultural use if contained upon a farm, subject to the requirements of § 155-102 of this chapter.
(p)
No-impact home-based business, as defined herein.
(q)
Noncommercial keeping of livestock, as defined herein, subject to the requirements of § 155-108 of this chapter.
(r)
Outdoor residential athletic courts (e.g., basketball, bocci, handball, tennis, volleyball, etc.), subject to the requirements of § 155-111 of this chapter.
(s)
Parking and/or storage of recreational vehicles, personal cargo trailers and PODS® storage containers (each as defined herein), subject to the requirements of § 155-113 of this chapter.
(u)
Roadside stands for the seasonal sale of agricultural products, subject to the requirements of § 155-120 of this chapter.
C.
Uses permitted by special exception (subject to the review procedures of § 155-174C of this chapter):
(1)
Adaptive reuse of agricultural buildings, subject to the requirements of § 155-48 of this chapter.
(4)
Commercial produce operations, as defined herein, subject to the requirements of § 155-68 of this chapter.
(5)
Concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs), both as defined herein, subject to the requirements of § 155-70 of this chapter.
(6)
Freestanding communications antennas, towers and equipment, subject to the requirements of § 155-86 of this chapter.
(7)
Golf courses and driving ranges, as defined herein, subject to the requirements of § 155-89 of this chapter.
D.
Limitations on subdivision and/or land development.
(1)
In order to preserve agricultural properties, it is the express intent
of the Agricultural Zone regulations that the subdivision of lots
or the development of nonagricultural uses and structures shall be
limited. It is the purpose and intent of the Agricultural Zone to
limit the development of agricultural properties, regardless of whether
such development is accomplished by subdivision or land development
as those terms are defined in the Act.[8] In addition, it is the express intent of these provisions
that the maximum size of lots created for any use other than agriculture
be limited in order to provide for the retention of tracts of sufficient
size to be used for agricultural purposes. It is the intent of the
Board of Supervisors to implement the mandate of Section 604(3) of
the Act[9] to preserve prime agricultural land through the enactment
of these regulations.
(2)
The following table shall be used to determine the permissible number
of lots which may be subdivided or the number of new principal uses
that may be established, respectively, within this zone. The lot area
calculation contained within the following table shall be based upon
all contiguous land within the Agricultural Zone held in single and
separate ownership which was held by the landowner or his/her predecessor(s)
in title on the effective date of this chapter. If land is added to
the Agricultural Zone after the effective date of this chapter, the
lot area calculation shall be based upon the contiguous land held
in single and separate ownership on the date such land was first rezoned
to the Agricultural Zone. For the purposes of this section, land held
in single and separate ownership shall be considered to be contiguous,
regardless of whether:
(a)
Such land is divided into one or more lots, parcels, purparts
or tracts;
(b)
Such land was acquired by the landowner at different times or
by different deeds or other means; and
(c)
Such land is separated by public or private streets or rights-of-way.
|
Lot Area
(acres)
|
Total Number of Lots That May Be Subdivided and/or Principal
Uses That May Be Created
| ||
|---|---|---|---|
|
At Least
|
Less Than
| ||
|
2
|
20
|
1
| |
|
20
|
40
|
2
| |
|
40
|
60
|
3
| |
|
60
|
80
|
4
| |
|
80
|
100
|
5
| |
|
100
|
120
|
6
| |
|
120
|
140
|
7
| |
|
140 or more
|
7, plus 1 per each 20 acres in excess of 140 acres
| ||
(3)
No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size, except as set forth in Footnote 2 of the Table in § 155-14E of this chapter. Any lot existing on the effective date of this chapter which is two or fewer acres in size shall be presumed to be used for residential purposes, and the size of such lot shall not be increased to more than two acres.
(4)
A subdivision that merely transfers land from one farm to another farm shall not be counted against the permitted number of lots to be subdivided in § 155-14D(2) of this chapter; however, such transfer shall not cause either farm to contain less than 10 acres (the minimum lot area for a farm as specified in § 155-14E).
(5)
A subdivision to create a lot which will be transferred to the Township or a municipal authority created by the Township shall not be included when computing the permissible number of lots to be subdivided from a tract, as set forth in § 155-14D(2) of this chapter.
(6)
Any subdivision or land development plan hereafter filed shall specify which lot or lots shall carry a right of further subdivision or development, as provided for in § 155-14D(2) of this chapter. Such information shall be depicted as a note on the subdivision/land development plan and also be included in the deed for any new lots.
(7)
The number of lots which may be created, or single-family dwellings
or other principal nonagricultural uses which may be established,
shall be fixed according to the size of the parent tract. This number
shall not be increased by the subdivision of such parent tract. Any
subsequent owner of a parent tract, land remaining in the parent tract
after subdivision, or land which was formerly part of a parent tract
shall be bound by the actions of his predecessor.
E.
Area and design requirements within the (A) Zone. All uses within
the Agricultural Zone shall comply with those standards listed in
the following table.[10]
[10]
Editor's Note: Said table is included at the end of this chapter.
F.
Site planning objectives. To enhance compatibility between proposed residential development and continued surrounding farming, each application for subdivision/land development review shall require a scaled drawing showing all of the potential residential lots permitted on the farm, as determined in § 155-14D of this chapter. The applicant shall furnish evidence that the following specific design objectives have been satisfied through the design of the proposed use; the Township will only approve proposed subdivision/land development plans that successfully reflect these design objectives:
(1)
Minimize the loss of valuable farmland;
(2)
Minimize the disruption of farming operations;
(3)
Cluster residential lots on the subject property and, if applicable,
with those lots contained on adjoining farms;
(4)
Minimize the length of property lines shared by all residential lots
and adjoining farms;
(5)
Assure adequate vehicular access to future residences not currently
proposed; and
G.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 155-28 of this chapter. All access drives shall be in accordance with § 155-25 of this chapter. All lanes exclusively serving agriculture, horticulture and/or forestry uses shall be exempt from driveway and access drive requirements.
H.
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 Section 4 of Pennsylvania
Act 133 of 1982, the "Right to Farm Law,"[12] and the Agriculture Communities and Rural Environment
(ACRE) Act, Pennsylvania Act 38 of 2005,[13] may bar them from obtaining a legal judgment against such
normal agricultural operations. From the effective date of this chapter,
all subsequent subdivision plans submitted with the (A) Zone shall
require a note which duplicates this section and which must be transferred
to the purchaser by the seller.
I.
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 acquisition of an approved
conservation plan by the County Conservation Zone pursuant to Chapter
102, Erosion and Sediment 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.
J.
General provisions. All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.
K.
Environmental protection standards. All uses permitted within this zone shall also comply with the applicable environmental protection standards contained within Article V of this chapter.
L.
Granting of transferable development rights (TDR).
(1)
In accordance with Sections 603(c)(2.2) and 619.1 of the Act,[14] the Township hereby issues transferable development rights that are severable and separate from and in no way alter the development rights authorized in § 155-14D of this chapter. Such transferable development rights can be voluntarily conveyed (sold or donated) in return for the perpetual protection of agriculturally productive or open lands via conservation easements within the (A) Zone in accordance with Article VI of this chapter.
[14]
Editor's Note: See 53 P.S. §§ 10603(c)(2.2)
and 10619.1, respectively.
(2)
Except as noted below, every parcel within the (A) Zone that, on
the effective date of this chapter, contains at least three acres
is issued one transferable development right for each two gross acres
contained therein that can be voluntarily transferred. No transferable
development rights are issued to parcels containing less than three
acres, and no additional transferable development rights are issued
for fractions of lot area above each two-acre interval. Should a parcel
of three acres or more which was not classified as part of the (A)
Zone on the effective date of this chapter be subsequently rezoned
to the (A) Zone, that parcel too will be issued one transferable development
right for each two gross acres contained therein on the effective
date of the rezoning. Adjoining parcels under the same ownership can
be considered to be combined for the purposes of the granting of transferable
development rights under this section.
(3)
Transferable development rights are not issued to:
(a)
Tracts of land or portions thereof owned by or subject to easements
(including, but not limited to, easements of roads, railroads, electrical
transmission lines, and water, gas or petroleum pipelines) in favor
of governmental agencies, utilities, and nonprofit corporations; and/or
(b)
Land restricted from development by covenant, easement or deed
restriction, unless and until such time as said covenant, restriction
or easement is dissolved or rescinded. In the event said covenant,
restriction or easement is dissolved or rescinded, such land shall
be automatically issued transferable development rights at that time.
A.
Purpose of zone.
(1)
The purpose of this zone is to accommodate low- to medium-density
residential uses in areas with sufficient infrastructure to support
such densities. Selected locations provide for the accommodation of
developments in accordance with the Conewago Township Comprehensive
Plan and acknowledge the location of existing land uses with these
suburban characteristics.
(2)
This zone provides for a continued pattern of suburban residential
development with the use of both public sewer and public water. Required
design standards reflect existing development patterns. Residential
density bonuses have been provided for the future use traditional
neighborhood designs to blend historic development styles amid areas
of protected open space.
B.
Uses permitted by right:
(1)
Agriculture and horticulture, including one single-family detached dwelling contained on the site, excluding concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs), both as defined herein, subject to the requirements of § 155-14E of this chapter.
(4)
Parks and playgrounds.
(5)
Public utilities structures.
(6)
Public and private schools.
(8)
Single-family detached dwellings.
(10)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, and Township owned and operated utilities, including sanitary sewer and waterlines, pumping stations, collection and distribution lines, and treatment plants and associated rights-of-way, subject to the requirements of § 155-14E of this chapter.
(11)
Governmental uses, as defined herein.
(12)
Accessory uses customarily incidental to the above permitted
uses, including, but not limited to, the following:
(a)
Alternative energy production facilities, subject to the requirements of § 155-51 of this chapter.
(c)
Detached buildings (e.g., sheds, barns, pole buildings, etc.)
used to house personal property of the residents.
(e)
Domestic pets, as defined herein.
(f)
Family day-care facilities, as defined herein, subject to the requirements of § 155-79 of this chapter.
(h)
Garages for the storage of personal vehicles and/or personal
property, attached or detached to the dwelling unit.
(j)
Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 155-100 of this chapter.
(m)
No-impact home-based business, as defined herein.
(n)
Outdoor residential athletic courts (e.g., basketball, bocci, handball, tennis, volleyball, etc.), subject to the requirements of § 155-111 of this chapter.
(o)
Parking and/or storage of recreational vehicles, personal cargo trailers and PODS® storage containers (each as defined herein), subject to the requirements of § 155-113 of this chapter.
D.
Uses permitted by conditional use (subject to the review procedures of § 155-185 of this chapter):
E.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 155-28 of this chapter. All access drives shall be in accordance with § 155-25 of this chapter. All lanes exclusively serving agriculture, horticulture and/or forestry uses shall be exempt from driveway and access drive requirements.
F.
Required public utilities. All dwellings, churches, public and private
schools and emergency services must be served by both public sewer
and public water.
G.
General provisions. All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.
H.
Environmental protection standards. All uses permitted within this zone shall also comply with the applicable environmental protection standards contained within Article V of this chapter.
I.
Area and design requirements within the (R-1) Zone. All uses within
the Suburban Residential Zone shall comply with those standards listed
in the following table.[1]
[1]
Editor's Note: Said table is included at the end of this chapter.
A.
Purpose of zone. The purpose of this zone is to accommodate infill
developments amid the Township's tightly knit older neighborhoods
with sufficient infrastructure to support such densities. Selected
locations provide for the accommodation of detached and duplex dwellings
in accordance with the Conewago Township Comprehensive Plan and acknowledge
the location of existing land uses with these urban characteristics.
Required design standards reflect existing development patterns with
long and narrow lots and minimal front and side yard setbacks.
B.
Uses permitted by right:
(1)
Agriculture and horticulture, including one single-family detached dwelling contained on the site, excluding concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs), both as defined herein, subject to the requirements of § 155-14E of this chapter.
(2)
Duplex dwellings.
(5)
Parks and playgrounds.
(6)
Public utilities structures.
(7)
Public and private schools.
(9)
Single-family detached dwellings.
(10)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, and Township owned and operated utilities, including sanitary sewer and waterlines, pumping stations, collection and distribution lines, and treatment plants and associated rights-of-way, subject to the requirements of § 155-14E of this chapter.
(11)
Governmental uses, as defined herein.
(12)
Accessory uses customarily incidental to the above permitted
uses, including, but not limited to, the following:
(a)
Alternative energy production facilities, subject to the requirements of § 155-51 of this chapter.
(b)
Detached buildings (e.g., sheds, barns, pole buildings, etc.)
used to house personal property of the residents.
(d)
Domestic pets, as defined herein.
(e)
Family day-care facilities, as defined herein, subject to the requirements of § 155-79 of this chapter.
(g)
Garages for the storage of personal vehicles and/or personal
property, attached or detached to the dwelling unit.
(i)
Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 155-100 of this chapter.
(l)
No-impact home-based business, as defined herein.
(m)
Outdoor residential athletic courts (e.g., basketball, bocci, handball, tennis, volleyball, etc.), subject to the requirements of § 155-111 of this chapter.
(n)
Parking and/or storage of recreational vehicles, personal cargo trailers and PODS® storage containers (each as defined herein), subject to the requirements of § 155-113 of this chapter.
C.
Uses permitted by special exception (subject to the review procedures of § 155-174C of this chapter):
D.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 155-28 of this chapter. All access drives shall be in accordance with § 155-25 of this chapter. All lanes exclusively serving forestry uses shall be exempt from driveway and access drive requirements.
E.
Required public utilities. All dwellings, churches, public and private
schools and emergency services must be served by both public sewer
and public water.
F.
General provisions. All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.
G.
Environmental protection standards. All uses permitted within this zone shall also comply with the applicable environmental protection standards contained within Article V of this chapter.
H.
Area and design requirements within the (R-2) Zone. All uses within
the Village Residential Zone shall comply with those standards listed
in the following table.[1]
[1]
Editor's Note: Said table is included at the end of this chapter.
A.
Purpose of zone.
(1)
The purpose of this zone is to provide areas for multifamily development
and associated compatible land uses. This is intended to broaden the
Township's housing base and serve a greater variety of housing needs
of its residents and various stages within the life cycle. Selected
locations provide for the accommodation of developments in accordance
with the Conewago Township Comprehensive Plan and acknowledge the
location of existing land uses with these high-density characteristics.
(2)
This zone provides for a continued pattern of multifamily residential
development with the required use of both public sewer and public
water. Required design standards reflect existing development patterns.
Residential density bonuses have been provided for the future use
traditional neighborhood designs to blend historic development styles
amid areas of protected open space.
B.
Uses permitted by right:
(1)
Agriculture and horticulture, including one single-family detached dwelling contained on the site, excluding concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs), both as defined herein, subject to the requirements of § 155-14E of this chapter.
(2)
Duplex dwellings.
(6)
Multiple-family dwellings.
(7)
Parks and playgrounds.
(8)
Public utilities structures.
(9)
Public and private schools.
(10)
Single-family detached dwellings.
(11)
Townhouses.
(12)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, and Township owned and operated utilities, including sanitary sewer and waterlines, pumping stations, collection and distribution lines, and treatment plants and associated rights-of-way, subject to the requirements of § 155-14E of this chapter.
(13)
Governmental uses, as defined herein.
(14)
Accessory uses customarily incidental to the above permitted
uses, including, but not limited to, the following:
(a)
Alternative energy production facilities, subject to the requirements of § 155-51 of this chapter.
(b)
Detached buildings (e.g., sheds, barns, pole buildings, etc.)
used to house personal property of the residents.
(d)
Domestic pets, as defined herein.
(e)
Family day-care facilities, as defined herein, subject to the requirements of § 155-79 of this chapter.
(g)
Garages for the storage of personal vehicles and/or personal
property, attached or detached to the dwelling unit.
(i)
Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 155-100 of this chapter.
(l)
No-impact home-based business, as defined herein.
(m)
Outdoor residential athletic courts (e.g., basketball, bocci, handball, tennis, volleyball, etc.), subject to the requirements of § 155-111 of this chapter.
(n)
Parking and/or storage of recreational vehicles, personal cargo trailers and PODS® storage containers (each as defined herein), subject to the requirements of § 155-113 of this chapter.
C.
Uses permitted by special exception (subject to the review procedures of § 155-174C of this chapter):
D.
Uses permitted by conditional use (subject to the review procedures of § 155-185 of this chapter):
E.
Required public utilities. All dwellings, churches, public and private
schools and emergency services must be served by both public sewer
and public water.
F.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 155-28 of this chapter. All access drives shall be in accordance with § 155-25 of this chapter. All lanes exclusively serving forestry uses shall be exempt from driveway and access drive requirements.
G.
General provisions. All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.
H.
Environmental protection standards. All uses permitted within this zone shall also comply with the applicable environmental protection standards contained within Article V of this chapter.
I.
Area and design requirements within the (R-3) Zone. All uses within
the Multifamily Residential Zone shall comply with those standards
listed in the following table.[1]
[1]
Editor's Note: Said table is included at the end of this chapter.
A.
Purpose.
(1)
In compliance with Sections 605(2) and (3) and 701-A of the Act,[1] this zone provides an optional set of design standards
that seek to achieve a village-type setting that is characteristic
of much of central Pennsylvania's built environment and heritage.
All of the design standards of this zone are vital if the village
atmosphere is to be achieved. While many of the following requirements
deal with issues that typically transcend zoning jurisdiction, they
are provided as optional overlay regulations with substantial density
bonuses and are, therefore, considered voluntarily self-imposed by
prospective developers but enforceable by the Township. The substantial
density bonuses have been provided to offset the increased costs of
providing a high-quality development that features historic building
and streetscape design with authentic construction materials (e.g.,
stone, brick, wood, slate), abundant and diverse native landscape
materials, and other streetscape and public amenities often overlooked
within contemporary suburban neighborhoods.
 |
|---|
|
Village Atmosphere
|
[1]
Editor's Note: See 53 P.S. §§ 10605(2) and
(3) and 10701-A, respectively.
(2)
It is the further intent of the Board of Supervisors to encourage flexibility, economy and ingenuity in the development of tracts within this zone of the Township. To this end, the Board of Supervisors may permit the developer to modify the design standards of this § 155-18 if such modification will enable the design of a better development. It is the specific intent of the Board of Supervisors to permit developers to consider and utilize innovative methods of design, so long as the following development objectives are served.
(3)
Some of the specific development objectives of the zone include the
design and construction of neighborhoods that:
(a)
Are distinct in their incorporation of important natural and
cultural features;
(b)
Ensure a diversity of housing types, sizes, and costs, with
particular emphasis on scattered-site affordable housing opportunities;
(c)
Provide for convenient vehicular access to the neighborhood's
edge but increased reliance upon pedestrian movements within its bounds;
(d)
Integrate local businesses and trades to enhance resident convenience
and offer limited employment opportunities;
(e)
Make efficient use of local infrastructure and services;
(f)
Reflect the historic and traditional building styles abundant
within the region;
(g)
Reserve and feature civic uses and open spaces as community
focal points;
(h)
Provide safe, efficient and compatible linkages with existing,
nearby land uses, streets, sidewalks, etc.;
(i)
Invite regular and frequent social interaction among its inhabitants;
and
(j)
Blend all of these above-described features in a way that promotes
community identification and a sense of belonging for the residents.
(4)
These development objectives will be used as a measure of conformance
with any proposed development within this zone.
B.
Relationship to other ordinances and sections of this chapter. The provisions of this § 155-18 establish an overlay zone that may be applied to any property within the R-1 and/or R-3 Residential Zones. This § 155-18 has different land use and design requirements from those contained in this and other ordinances of the Township. To the extent the regulations within this section differ (are more or less restrictive) from others, those within this section shall govern. However, all other provisions of this and other ordinances of the Township shall remain in full force.
C.
Review procedures. All proposals within this zone are considered and shall be governed by the application and review procedures for conditional uses according to § 155-185 of this chapter. The remaining requirements of this zone shall be used as the specific criteria for evaluating the approval of any conditional use(s). It is the intent of this zone to coordinate zoning approval with subdivision and land development approval. All proposals within this zone are strongly encouraged to submit a sketch plan under the SLDO.[2] During the sketch plan review, the applicant and Township
should identify an overall design objective for the site and iron
out any fundamental problems associated with the proposed development.
Approval of a development within this zone is tied to the successful
approval of a subdivision and land development plan that meets with
the specific requirements of this zone and all other applicable requirements
of this chapter, the SLDO, and any other applicable ordinances. The
applicant shall be required to submit any and all of those materials
that are needed to effectively demonstrate compliance with such requirements
to the satisfaction of the Board of Supervisors.
D.
Overall community form. A successful design must extend or enhance
the quality of life attributed to the layout and context of the surrounding
area. This measure considers the overall character of the proposed
neighborhood with its mixture of uses, as compared with the character
of its surroundings. The development should create the opportunity
to be part of and be accessible to a complete community with housing,
employment, schooling, shopping, worship, and recreation.
(1)
Permitted public, civic and open space uses:
(a)
Cemeteries.
(b)
Churches and related uses.
(c)
Community gardens.
(d)
Community gathering facilities (e.g., meeting house, bandshell,
etc.).
(e)
Emergency services.
(g)
Health, fitness, fraternal, social and other private clubs, subject to the requirements of § 155-90 of this chapter.
(h)
Libraries, museums, and galleries.
(i)
Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 155-100 of this chapter.
(j)
Mass transit stops and passenger shelters.
(k)
Natural settings and open spaces.
(l)
Parks and playgrounds.
(m)
Public utilities structures.
(n)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, and Township owned and operated utilities, including sanitary sewer and waterlines, pumping stations, collection and distribution lines, and treatment plants and associated rights-of-way, subject to the requirements of § 155-14E of this chapter.
(o)
Governmental uses, as defined herein.
(p)
Accessory uses customarily incidental to the above permitted
uses.
(2)
Permitted residential uses:
(a)
Single-family detached dwellings.
(b)
Duplexes.
(c)
Townhouses.
(d)
Multiple-family dwellings.
(e)
Two-family conversions.
(f)
Live-work units, as defined herein.
(g)
Accessory uses customarily incidental to the above permitted
uses, including, but not limited to, the following:
[1]
Alternative energy production facilities, subject to the requirements of § 155-51 of this chapter.
[2]
Detached buildings (e.g., sheds, barns, pole buildings, etc.)
used to house personal property of the residents.
[4]
Domestic pets, as defined herein.
[5]
Family day-care facilities, as defined herein, subject to the requirements of § 155-79 of this chapter.
[7]
Garages for the storage of personal vehicles and/or personal
property, attached or detached to the dwelling unit.
[10]
No-impact home-based business, as defined herein.
[11]
Outdoor residential athletic courts (e.g., basketball, bocci, handball, tennis, volleyball, etc.), subject to the requirements of § 155-111 of this chapter.
[12]
Parking and/or storage of recreational vehicles and trailers, subject to the requirements of § 155-113 of this chapter.
(3)
Permitted commercial uses:
(a)
Banks and similar financial uses, including outdoor tellers
if pedestrian-oriented, and no more than two drive-through lanes.
(b)
Barber, beauty, tanning, and health salons.
(d)
Delicatessens, bakeries, ice cream shops, caterers, restaurants,
and fast-food restaurants.
(e)
Photographic, music, art, and dance studios.
(f)
Professional, medical and/or dental offices.
(g)
Repair of clocks, jewelry, cameras, electronics, and small household
appliances.
(h)
Retail sales and/or rental of goods, such as, but not limited
to, antiques, apothecaries, recorded music and video materials, books,
clothing, confections, dry goods, flowers, fresh or packaged food,
furniture, gifts, hardware, jewelry, newspapers, notions, personal
and household supplies, photographic supplies, sporting goods, stationery,
and tobacco (excluding adult uses).
(i)
Tailors, off-site dry cleaning, and shoe repair services.
(j)
Convenience stores, as defined herein.
(l)
Accessory uses customarily incidental to the above permitted
uses.
(4)
Required mixture of land uses and housing types. The following tabulates
permitted uses and residential structure types within the proposed
development:
|
Proposed Common Open Space, Public and/or Civic Uses as Listed in § 155-18G, but Excluding Public Utilities
(% of gross area of the site)
|
Percentage of Dwelling Units Permitted by Structural
Type
[uses listed in § 155-18D(2)]
|
Proposed Local Commercial Uses
[See § 155-18D(3).]
| |||
|---|---|---|---|---|---|
|
Zone
|
Single-Family Detached
|
Duplex
|
Townhouse or Multifamily
| ||
|
R-1
|
Minimum 35%
|
At least 50%; no more than 65%
|
No more than 35%
|
No more than 35%
|
Maximum 10% of gross site area1
|
|
R-3
|
Minimum 25%
|
At least 35%; no more than 50%
|
No more than 35%
|
No more than 35%
|
Maximum 10% of gross site area1
|
|
NOTES:
| |
|---|---|
|
1
|
Local commercial land uses can be increased in size
if the applicant can demonstrate that the proposed location and configuration
provides for convenient and safe pedestrian access for multiple neighborhoods
that are not being served by other nearby commercial uses.
|
(5)
Maximum coverage. In no case shall more than 75% of the gross acreage
of a Traditional Neighborhood Design Zone development site be covered
with buildings and/or other impervious surfaces.
(6)
Minimum lot area. All proposed developments must contain at least
10 acres.
E.
Residential form. A successful project must employ an integrated
and diverse mixture of housing types and costs. All dwellings must
reflect the region's historic settlement pattern. Applicants shall
be required to submit evidence of qualified architectural designs
that reflect this region's history. Compact residential lots should
be narrow and long with small side yard setbacks; building orientation
should also run perpendicular to the street. Exterior pedestrian access
shall connect the front and rear yards for each attached housing unit
(i.e., row house, townhouse and duplex). Uses shall rely heavily upon
adjoining on-street parking, where driveways and off-street parking
shall be confined to the rear yard off of alleys.
(1)
Architectural considerations. In accordance with Article VII-A of
the Act,[3] all proposals within the Traditional Neighborhood Design
Overlay Zone must incorporate architectural treatments and styles
that complement the region's historic resources. All applications
shall include the preparation of textual and (typical) graphic descriptions
by a commonwealth-registered architect of proposed architectural features
and styles, which shall be presented for Township consideration during
the conditional use review process.
 |
|---|
|
Historic Architecture
|
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
Required integration of housing types. Proposed residential areas
are required to integrate a variety of housing types. The objective
is to ensure various unit types (e.g., detached, duplex, townhouse,
and multiple-family) share the streetscape and that no one type dominate
large portions of the neighborhood. Developments that isolate the
respective types of housing units from one another will not be permitted.
(3)
Residential lot design requirements. See the following table:
|
Permitted Dwelling Type
|
Maximum Permitted Density
(units/gross acre)
|
Maximum Lot Coverage2
(percent)
|
Front Built-to Line1
(feet)
|
Required Setbacks
| |||
|---|---|---|---|---|---|---|---|
|
R-1
Zone
|
R-3
Zone
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear
(feet)
| |||
|
Single-family detached
|
5
|
8
|
70%
|
10 to 15
|
6
|
12
|
20
|
|
Duplex
|
5
|
8
|
70%
|
10 to 15
|
6 per unit
|
N/A
|
20
|
|
Townhouse3,4
|
5
|
8
|
70%
|
10 to 15
|
10 end units
|
N/A
|
20
|
|
Multiple-family
|
54
|
84
|
70%
|
10 to 15
|
10 end units
|
20
|
20
|
|
Accessory structures
|
N/A
|
N/A
|
Same as above
|
Not permitted in front yard
|
5
|
10
|
5
|
|
NOTES:
| |
|---|---|
|
1
|
No less than 70% of a building's front facade (including
the front facade of any covered or uncovered porches) must be located
on the front build-to line; except, however, no less than 50% of any
townhouse or multiple-family dwelling building must be located on
the front build-to line. Front build-to lines shall be measured between
the edges of the sidewalk along the street and the closest facade
of the building, including porches. No part of any building shall
extend closer to a street than the minimum front build-to line. The
use of front build-to lines delineates the public streetscape of a
TND. On lots where existing buildings are set back beyond the front
build-to lines, such buildings may be extended, or, in the alternative,
thirty-six-inch- to forty-two-inch-high walls shall be constructed
within the required build-to line to define the public streetscape.
|
 | |
|
2
|
Maximum lot coverage requirements shall not apply to
porches located within the front yard.
|
|
3
|
No townhouse building shall contain more than six units.
For each townhouse building containing more than four units, no more
than 2/3 of such units shall have the same front yard setback; the
minimum variation of setback shall be two feet. In addition, no more
than two contiguous units shall have identical rooflines that generally
parallel the ground along the same horizontal plane.
|
|
4
|
All townhouse and multiple-family dwelling buildings
shall be set back a minimum of 10 feet from any interior access drives
or parking facilities contained on commonly held lands.
|
(4)
Residential building design standards. All residences shall comply
with the following:
(a)
Building height. In no case shall any principal building exceed 40 feet in height. Accessory buildings shall be no more than 25 feet high. All uses must comply with § 155-24, Airport Safety Zone, of this chapter;
(b)
Building orientation and porches. All residential buildings'
main entrances shall face the lot's front yard. At least 50% of all
detached dwellings located along a public street within the same block
shall include porches within the front yard. When a dwelling with
a porch is located on a corner lot, the porch shall extend parallel
along both front lot lines; and
 |
|---|
|
Front Porches
|
(c)
Residential building width. No residential dwelling shall be
greater than 75 feet wide, as measured parallel, or approximately
parallel, with any street line.
(5)
Vehicular access and park requirements for residences. Each proposed
dwelling unit shall be required to provide space for two parking spaces.
At least one of such spaces must be provided as an off-street parking
space, either on the proposed site of the residence or as part of
an off-street parking lot/garage. No more than two off-street parking
spaces shall be permitted on an individual dwelling lot. Where practicable,
driveways and off-street parking shall only be provided in the rear
yard and will rely upon alleys for vehicular access. All on-street
parking must be provided within 100 feet of the dwelling unit served
to be calculated as part of the required number of parking spaces.
 |
|---|
|
Rear Yard Alleys and Garages
|
F.
Commercial form. When provided, commercial land uses shall be confined
to one cohesive node or street corridor. Ideal location for commercial
uses is central to the neighborhoods served; however, peripheral locations
along existing streets are also acceptable, so long as the design
of such areas serve pedestrians and vehicles equally well. Commercial
areas should be fitted with buildings, signs and sidewalks that are
oriented to invite pedestrian access from the adjoining neighborhoods.
Off-street parking lots, loading areas and dumpsters should all be
separated from view of the adjoining neighborhoods and screened from
adjoining roads.
 |
|---|
|
Pedestrian Scale Shopping Center
|
(1)
Business timing. No commercial area shall be approved until such
time as at least 100 new dwelling units are also approved in this
zone.
(2)
Location and layout. All commercial land uses shall be confined to
one area that is conveniently accessible to residents of the development.
Preferred designs include those that replicate downtown settings or
commercial courtyards; however, small-scale neighborhood retail areas
that adjoin existing roads are also acceptable if the design of the
shopping center invites safe and convenient pedestrian access from
adjoining neighborhoods.
(3)
Pedestrian access. All commercial areas must be integrated upon a
system of sidewalks and/or pedestrian pathways so that all inhabitants
of the development and adjoining neighborhoods to be served will have
safe and convenient pedestrian access.
(4)
Proximity to focal point. Where practicable, commercial areas shall be part of, contiguous with, or directly across a street from the prominent focal point, as required in § 155-18H of this chapter.
(5)
Building setback and orientation.
(a)
Commercial areas shall be configured in one of three designs.
[1]
Commercial courtyards should feature an exclusive pedestrian
courtyard that is straddled by commercial land uses with on- and off-street
parking that is separated from the courtyard.
 |
|---|
|
Commercial Courtyard
|
[2]
Main street settings should incorporate tightly knit storefronts
directly adjoining a collector road with on-street parking. Off-street
parking should be confined to the rear of such buildings and/or separate
parking lots.
 |
|---|
|
Main Street Setting
|
[3]
Shopping centers should assemble commercial uses around an off-street
parking lot with vehicular access to a collector road and prominent
pedestrian access to the residential neighborhoods.
 |
|---|
|
Shopping Center
|
(b)
All commercial areas shall consist of storefronts that are principally
oriented toward pedestrian customers. Buildings should present a uniform
pattern of setbacks (except in the case of cafes) that are close to
an adjoining sidewalk or courtyard. Such sidewalks and courtyards
should incorporate lampposts, trash receptacles, shade trees, pedestrian
benches, and other similar amenities.
(c)
Designs must provide for an inviting pedestrian entrance and
shopping area that does not require the crossing of heavily traveled
access drives and is visually separated from off-street parking and
loading areas.
(6)
Outdoor cafes. Outdoor restaurant cafes, including awnings, umbrellas,
tables and chairs and trash receptacles, are permitted, so long as
they architecturally and visually complement the overall appearance
and function of the commercial area. All activities on site shall
be controlled so as not to constitute a nuisance by means of noise
and litter.
(7)
Outdoor display. One sidewalk display bin for retail merchandise
shall be permitted per commercial use between the main facade of the
building and the adjoining sidewalk/courtyard. Such bin shall be located
against the facade and shall not extend more than four feet perpendicular
from it. Sidewalk display bins shall not exceed an overall length
of 15 feet, nor an overall height of three feet. Sidewalk bins shall
only be exhibited during the use's business hours.
(8)
Business signs. Signs for individual commercial uses shall only include wall signs or roof signs. Overall size shall be limited to six square feet per sign. Each business will be permitted one such sign per entrance. The entire commercial area is also permitted two freestanding planned center signs, at least one of which must be oriented to the pedestrian access. Shopping center signs shall comply with those requirements listed in § 155-45 of this chapter.
(9)
Required parking. Minimum required off-street parking spaces for commercial uses that are part of a main street or commercial courtyard are computed on the basis of one per 300 square feet of total floor area, except that convenience stores and/or offices of physicians, dentists and veterinarians shall require one space per 200 square feet of total floor area. In addition, main street commercial areas and commercial courtyards shall provide for on-street parking adjoining such commercial uses. Within shopping centers, a minimum of one off-street parking space shall be provided for each 200 square feet of total floor area, and no on-street parking is required. All off-street parking must be provided within common parking lots in accordance with § 155-37 of this chapter. All off-street parking for commercial uses shall be set back no less than 25 feet and screened from any adjoining property used principally for residential purposes. Furthermore, any access drive to an off-street parking lot must be set back at least 40 feet from the right-of-way lines of any intersecting street or five feet from a fire hydrant.
(10)
Upper-floor apartment. For each commercial use, one upper-floor
apartment with a separate ground-level access and one off-street parking
space may be provided.
(11)
Business size. While there are no limits on the size of commercial
buildings and lots, all businesses shall be selected, sized and designed
only to furnish local commercial goods and services that can be delivered
to pedestrian patrons. No business shall be permitted that, in the
opinion of the Board of Supervisors, exceeds this local pedestrian
market.
(12)
Maximum lot coverage: 90%.
(13)
Minimum required setbacks. See the following table:
|
Commercial Use
|
Front Yard Setback/Front Built-to Line2
(feet)
|
Yards Abutting Other Commercial Uses
|
Yards Abutting Open Space, Public, Civic or Residential
Uses
(feet)
| |
|---|---|---|---|---|
|
Building
|
10 to 152
|
None
|
None1
| |
|
Off-street parking
|
10 to 153
|
None
|
25
| |
|
Off-street loading
|
Not permitted
|
None
|
50
| |
|
Dumpster
|
Not permitted
|
None
|
50
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Buildings within a shopping center shall be set back at least
50 feet from any adjoining residential use.
| |
|
2
|
Within a main street setting, no less than 70% of a building's
front facade must be located on the front build-to line. Front build-to
lines shall be measured between the edges of street curb and the closest
facade of the building. No part of any building shall extend closer
to a street than the minimum front build-to line. The use of front
build-to lines delineate the public streetscape of a TND. On lots
where existing buildings are set back beyond the front build-to lines,
such buildings may be extended, or, in the alternative, thirty-six-inch-
to forty-two-inch-high walls shall be constructed within the required
build-to line to define the public streetscape. Also, uses with streetside
cafes may locate the front facade of their building beyond the front
build-to line, provided that the outdoor seating area features a permanent
barrier that is located within the required front build-to line. Any
variations in the vertical facade of storefronts shall be made at
intervals of up to 36 feet so that a typical storefront width is repeated
in any such building.
| |
|
3
|
Off-street parking is prohibited within the front yard within
commercial courtyards and main street settings. Off-street parking
within a shopping center shall include a thirty-six-inch- to forty-two-inch-high
wall used to separate the parking lot from the sidewalk that is located
within the required front build-to line. No off-street parking lot
shall be located within the front yard at a street corner.
| |
(15)
Height requirements. All principal use buildings shall have between two stories and four stories. All uses must comply with § 155-24, Airport Safety Zone, of this chapter.
(16)
Outdoor storage. No outdoor storage is permitted.
(17)
Waste products. Dumpsters may be permitted within the side or
rear yard, provided such dumpsters are screened from any adjoining
roads and/or properties. All dumpsters shall be set back a minimum
of 50 feet from any adjoining properties used for a principal residence,
common open space or public or civic use. All waste receptacles shall
be completely enclosed within a masonry or fenced enclosure equipped
with a self-latching door or gate.
(18)
Architectural considerations. In accordance with Article VII-A
of the Act,[4] all proposals within the Traditional Neighborhood Design
Zone must incorporate architectural treatments and styles that complement
the region's historic resources. All applications shall include the
preparation of textual and (typical) graphic descriptions by a commonwealth-registered
architect of proposed architectural features and styles, which shall
be presented for Township consideration during the conditional use
review process.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Open space form. Important and sensitive natural and cultural resources
shall be integrated and protected as part of the common open space.
Such spaces should invite public use and enjoyment, unless such use
would threaten their integrity. Other open spaces should be designed
to meet their desired purpose. Parklands, where provided, should be
located and improved to invite public use and enjoyment. Where parklands
are not offered, fees in lieu thereof shall be provided for Township
use in accordance with the SLDO.[5] All open spaces should include a description of an acceptable means for their ownership and maintenance in accordance with § 155-39 of this chapter.
 |
|---|
|
Integrated Open Space and Parklands
|
(1)
Natural and cultural features inventory. As part of the initial plan review process, applicants shall be required to prepare a natural and cultural features inventory of the site. Qualified experts must identify and plot all of those features required by Article V, Environmental Protection, of this chapter found on the proposed site. From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the Traditional Neighborhood Design Overlay Zone development minimizes disturbance of, but integrates and protects, these features as part of a meaningful open space network.
(2)
Proposed parklands. All proposed developments must either dedicate
public parklands at a rate of .053 acre per dwelling unit or provide
a fee in lieu thereof in accordance with the Act.[6] Such dedicated parklands can be part of the open space required by § 155-18D(4) of this chapter, if such space complies with the following parkland design requirements:
(a)
The parkland 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 area available for
vehicular access that is no less than 24 feet in width;
(b)
The parkland 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 parkland shall have suitable topography and soil conditions
for use and development as active play areas. No more than 25% of
the site shall be comprised of floodplains, stormwater management
facilities and/or slopes exceeding 3%. Any unimproved area of the
site that will be used as open play area shall be provided with a
healthy and vibrant grass ground cover;
(d)
The parkland shall be located and designed to conveniently access
needed proximate public utilities (e.g., sewer, water, power, etc.).
However, no part of any overhead utility easement nor any aboveground
protrusion of an underground utility should be permitted in active
play areas of the site; and
(e)
No part of the parkland shall be calculated as part of any required
setback, yard and/or open space for adjoining lots or uses as regulated
by this chapter.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Ownership and maintenance of open space. An essential element of the Traditional Neighborhood Design Overlay Zone development application is a written description and plan for the disposition of ownership of common open space land, designating those areas to be offered for dedication or to be owned by the specific form of organization proposed. The common open space shall be owned and maintained in accordance with § 155-39 of this chapter. Required common open space shall be subject to permanent conservation easements in a form that is acceptable to the Township Solicitor. Such conservation easement shall, unless waived by the Board, prohibit future development and define the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and/or to install subsurface septic disposal systems or spray irrigation facilities.)
H.
Prominent focal point. Each Traditional Neighborhood Design Zone
development shall have a prominent focal point [some special feature
that distinguishes it from other neighborhoods (e.g., Town Square)].
This can be an existing natural feature(s) (big trees/groves, ponds
and lakes, scenic views, etc.) or an existing man-made feature(s)
(important civic buildings, historic sites). The design of the neighborhood
shall prominently feature this resource by orienting streets and finished
elevations to maximize its visibility. In addition, new focal points
can be created by assembling important public/civic amenities with
commercial uses and then constructing them with impressive architectural
style.
 |
|---|
|
Prominent Building or Feature
|
I.
Streetscape form. The streetscape must be oriented to the pedestrian.
It should be safe, functional and attractive. Front-to-front building
setbacks should be kept small so as to provide for intimacy and neighborly
interaction. Front porches and stoops should be frequently incorporated
into the front yards. Streetscapes shall include sidewalks on both
sides of the cartway; all sidewalks shall include aprons for access
by handicapped persons, according to standards contained within the
latest version of the Americans with Disabilities Act.[7] Parallel on-street parking lanes should be used to keep
lot coverages low, and street widths should be narrow. Benches, transit
stops, streetlights, and street signs shall be carefully selected
to complement the intimate scale of the streetscape and the historic
character of the neighborhood. Individual postal mailboxes shall be
affixed to the building facade, and streetside fencing must be of
a design that, again, complements the theme of the development. Street
trees are required to be planted along all streets that comply with
the following specifications:
(1)
Spacing. Trees shall be no more than 40 feet apart and within eight
feet of the edge of the right-of-way, with either a random or consistent
pattern.
(2)
Size. Trees shall be at least three inches caliper at time of planting
and shall reach a minimum height of 25 feet at maturity.
(3)
Species. Trees shall be deciduous shade trees. Tree species should
vary within the entire development site but be consistent along individual
streets or sections of streets. Tree species may not include silver
maple, poplar, mountain ash, tree of heaven, or catalpa.
(4)
Replacement. Dead, damaged or diseased trees shall be replaced.
[7]
Editor's Note: See 42 U.S.C. § 12101 et seq.
J.
Circulation system form. A successful TND project relies upon a continuous
street and alley network with through streets between neighborhoods.
Sidewalks are used throughout the neighborhood and are generally required
along both sides of every street. The use of rear yard alleys offers
vehicle parking away from the street and enables buildings with a
more attractive front yard.
(1)
Design standards for streets, sidewalks and alleys:
|
Street Classification
(Design Speed)
|
Minimum Required Width of Cartway for Each Travel
Lane
(feet)
|
Minimum Required Width of Each Parking Lane
(feet)
|
Minimum Required Width of Each Sidewalk/ Planting
Strip
(feet)
|
Required Curb Return Radius
(feet)
|
Minimum Required Street Center Line Turning Radius
(feet)
|
Minimum Width of Right-of-Way
(feet)
|
|---|---|---|---|---|---|---|
|
Arterial or collector (25 to 35 mph)
|
10
|
8
|
5/5
|
25
|
100
|
36
|
|
Local (maximum 25 mph)
|
10
|
8
|
5/5
|
15
|
80
|
36
|
|
Two-way alley (maximum 10 mph)
|
8
|
Not permitted
|
0
|
15
|
22
|
33
|
 |
|---|
|
Typical Traditional Neighborhood Design Streetscape
|
(2)
Generally, streets should have two-way vehicle travel lanes, two
on-street parking lanes and two sidewalks with landscape strips; however,
in limited use, some streets can have two-way travel, one on-street
parking lane and two sidewalks with planting strips.
(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. The use of extended
streets and alleys from adjoining neighborhoods should reflect the
same street/alley names. The use of cul-de-sac streets is forbidden,
unless accompanied by plans of future adjacent street connections.
(4)
Street design standards shall favor pedestrian movements along sidewalks
and at intersections with suitable sidewalk extensions, planting strips,
crosswalks and other traffic-calming devices. Such facilities shall
be maintained in suitable working order at all times.
(5)
Street system layout shall also be generally rectilinear (as opposed
to curvilinear), except where significant natural or cultural features
dictate otherwise.
(6)
All intersections of access drives and/or streets shall provide a
three-foot-high clear sight triangle of 30 feet, as measured along
the center line of and from intersecting rights-of-way and/or access
drives.
(7)
Off-street parking shall be removed from the front yard with the
use of alleys and rear yard parking spaces/garages. Alleys shall be
provided for service to the rear and/or side yards of buildings. The
use of alleys helps to preserve the pedestrian-oriented character
and appeal of the streetscape. Proposed garages shall provide for
a minimum setback of 20 feet from the cartway of an alley, and on
corner lots, garages shall also maintain a minimum twenty-foot setback
from the right-of-way from an adjoining street. Alleys shall not require
on-street parking, sidewalks, curbs and landscape strips.
K.
Landscape form. Generous landscaping shall be distributed throughout the development to offer thermal and visual relief. In those areas of significant natural features, existing vegetation should be retained and enhanced, if needed. In developed areas, vegetation shall be selected that best suits its setting and purpose. A variety of species that are native to the area are required in accordance with § 155-44 of this chapter.
L.
Public utility and service requirements. All proposals within the
Traditional Neighborhood Design Overlay Zone must comply with the
following:
(1)
Both public sewer and public water shall be used throughout the development;
(2)
Where practicable, the retention and regenerative percolation of stormwater runoff shall be designed to blend and function within the natural setting of the site. In such instances, such facilities can be part of the common open space required by § 155-18D(4). Stormwater facilities that, in the opinion of the Board of Supervisors, do not blend and function within the natural setting shall not be computed as part of the common open space required by § 155-18D(4) of this chapter;
(3)
All utility lines shall be located underground and within public
streets, alleys or other public rights-of-way. Any required utility
structures, buildings, pump stations, transformers, or other similar
devices shall be screened from adjoining properties and roads;
(4)
All streets shall be provided with streetlights. Such streetlights
shall be of such design and light intensity to serve adjoining uses,
yet complement the development's historic setting. Streetlight fixtures
shall be decorative in design and no taller than 18 feet high. Streetlight
fixtures shall be spaced no more than 90 feet apart; and
(5)
Bus stops shall be placed at appropriate location(s) along major
roads serving the proposed development. Their distribution shall be
such that no residence within the development shall be situated more
than 1,000 feet from its bus stop. Furthermore, the selection of bus
stops shall be logically connected with any existing bus routes. Bus
stops shall consist of a minimum pedestrian node consisting of one
ten-foot by twenty-foot sidewalk section, one permanently anchored
park bench, streetlight and a shade tree. Such bus stops shall be
provided, even if existing bus routes do not currently serve the area.
 |
|---|
|
Attractive Streetlights
|
M.
Subsequent revisions within the traditional neighborhood design zone.
Once a development is constructed and occupied within the Traditional
Neighborhood Design Overlay Zone, subsequent revisions are permitted
by right if they:
(1)
Do not violate any provisions of this chapter;
(2)
Do not violate any of the standards imposed upon the entire development;
(3)
Do not violate any conditions attached to the original approval of
the Traditional Neighborhood Design Overlay Zone; and
(4)
Do not adversely affect the architecture of the approved existing
development.
N.
Modifications of design standards. The Board of Supervisors may permit the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such approval shall, when making application for approval for a Traditional Neighborhood Design Zone development, as required by § 155-18, also make application for approval under this section. The Board of Supervisors shall consider both requests simultaneously. Any modification of the design standards shall be subject to the following standards:
(1)
Such modifications of design standards better serve the intended purposes of this zone, as expressed in § 155-18A;
(2)
Such modifications of design standards would not result in adverse
impact to adjoining properties, nor future inhabitants within the
Traditional Neighborhood Design Overlay Zone development;
(3)
Such modifications will not result in an increase in residential
densities permitted for the site; and
(4)
The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria in § 155-18N(1) to (3).
A.
Purpose of zone. This zone accommodates a mixture of land uses that
have evolved along some of the region's historic highways amid Midway
Village. Limited businesses have been selected that can take advantage
of the daily traffic passing through the Village, while at the same
time assure compatibility with the numerous dwellings that remain.
Aside from residential and public uses, all uses are evaluated via
the special exception review process so that opportunities to integrate
vehicular access and parking are provided during site plan review.
Strict design requirements have been imposed to preserve the small-town
character of these areas, and bonus incentives are available for uses
that employ high-quality site design features. Overall retail size
has been restricted as a means of encouraging adaptive reuse of converted
dwellings, rather than the construction of new commercial buildings.
B.
Uses permitted by right:
(1)
Duplex dwellings.
(4)
Parks and playgrounds.
(5)
Public utilities structures.
(7)
Single-family detached dwellings.
(9)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, and Township owned and operated utilities, including sanitary sewer and waterlines, pumping stations, collection and distribution lines, and treatment plants and associated rights-of-way, subject to the requirements of § 155-14E of this chapter.
(10)
Veterinary offices, provided no outdoor keeping of animals is permitted, as defined herein, and subject to the requirements of § 155-133 of this chapter.
(11)
Governmental uses, as defined herein.
(12)
Accessory uses customarily incidental to the above permitted
uses, including, but not limited to, the following:
(a)
Alternative energy production facilities, subject to the requirements of § 155-51 of this chapter.
(b)
Detached buildings (e.g., sheds, barns, pole buildings, etc.)
used to house personal property of the residents.
(d)
Domestic pets, as defined herein.
(e)
Family day-care facilities, as defined herein, subject to the requirements of § 155-79 of this chapter.
(g)
Garages for the storage of personal vehicles and/or personal
property, attached or detached to the dwelling unit.
(i)
Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 155-100 of this chapter.
(l)
No-impact home-based business, as defined herein.
(m)
Outdoor residential athletic courts (e.g., basketball, bocci, handball, tennis, volleyball, etc.), subject to the requirements of § 155-111 of this chapter.
C.
Uses permitted by special exception (subject to the review procedures of § 155-174C of this chapter):
(5)
Medical, dental, optical and counseling clinics and offices, subject to the requirements of § 155-132 of this chapter.
(8)
Personal services, including barber and beauty or tanning salons, dry cleaning and laundry pickup/dropoff facilities, music, art or photographic studios, and repair of clocks and small appliances, subject to the requirements of § 155-132 of this chapter.
(9)
Restaurants (not including drive-through or fast-food restaurants), subject to the requirements of § 155-132 of this chapter.
D.
E.
Area and design requirements within the (MU) Zone. All uses within
the Mixed-Use Zone shall comply with those standards listed in the
following table.[1]
[1]
Editor's Note: Said table is included at the end of this chapter.
F.
Outdoor storage. Aside from that normally associated with a residence,
no outdoor storage is permitted.
G.
Off-street loading. Off-street loading shall be provided as specified in § 155-36 of this chapter.
H.
Off-street parking. Off-street parking shall be provided as specified in § 155-37 of this chapter, except that all nonresidential parking spaces shall be prohibited within the front yard.
J.
Driveway and access drive requirements. All driveways serving single-family dwellings shall be provided in accordance with § 155-28 of this chapter. All access drives serving other uses shall be in accordance with § 155-25 of this chapter, except that no access drive shall be greater than 22 feet wide.
K.
Landscaping and screening. 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. (See § 155-44 of this chapter.) Any off-street parking lots and/or off-street loading spaces shall be screened from adjoining properties unless such properties share such facilities.
L.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 20 feet
from any adjoining R-1, R-2, R-3 or MU Zone properties. All waste
receptacles shall be completely enclosed within a masonry or framed
enclosure with a self-closing door or gate.
M.
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. For a listing of some applicable regulations, see § 155-40 of this chapter.
N.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
O.
Design features/bonus incentives. Because of this zone's intended
purpose to reduce traffic congestion, the following bonus incentives
are applied to individual uses when prescribed design features are
provided. These bonus incentives are awarded solely at the discretion
of the Zoning Hearing Board during the special exception review procedure:
|
Design Features
|
Bonus Incentive
| ||
|---|---|---|---|
|
1.
|
Coordinated vehicular access between two or more adjoining land
uses that make use of only one shared access drive
|
A 10% increase in the maximum permitted lot coverage for each
use
| |
|
2.
|
Coordinated off-street parking between two or more adjoining
land uses that share a single access drive. Such parking lots shall
be arranged to provide ready access to all properties
|
Waiver of one side yard setback requirement as it applies to
the off-street parking lot, and a 10% reduction in the total number
of parking spaces required for all uses
| |
|
3.
|
Coordinated off-street loading between two adjoining land uses
sharing a single access drive that provides ready access to one or
more loading spaces serving both uses
|
Waiver of the off-street loading space requirement for that
use that would otherwise require the least number of loading spaces,
provided a cross-property use easement is recorded that assures both
uses may use the shared loading space(s). In addition, one side yard
setback may also be waived, as it applies to off-street loading
| |
|
4.
|
Coordinated signage with two or more uses sharing only one freestanding
sign
|
A 5% increase in the maximum permitted lot coverage and a 10%
increase in the maximum permitted size of any attached signs
| |
P.
Modifications of design standards. The Zoning Hearing Board, by special exception approval, permits the modification of the design standards in order to encourage the use of innovative design. A developer desiring to obtain such special exception approval shall, when making application for special exception approval for any use listed in § 155-19C, also make application for special exception approval under this section. The Zoning Hearing Board shall consider both special exception approval requests simultaneously. Any special exception to permit a modification of the design standards shall be subject to the following standards:
(1)
Such modifications of design standards better serve the intended purposes of this zone, as expressed in § 155-19A;
(2)
Such modifications of design standards would not result in adverse
impact to adjoining properties nor inhabitants within the Mixed-Use
Zone development;
(3)
Such modifications will not result in an increase in residential
densities permitted for the site; and
(4)
The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria of § 155-19P(1) to (3).
A.
Purpose of zone. This zone acknowledges the evolving commercialization
that is occurring along West Elm Avenue radiating outward from Hanover
Borough. Small-scale businesses have been selected that can take advantage
of the daily traffic passing by, and design standards promote the
assemblage of adjoining parcels into coordinated developments with
shared features (vehicular access, off-street parking and loading,
signs, etc.). Strict use size limitations and landscaping requirements
have been imposed to preserve the small-town character of these areas.
B.
Uses permitted by right:
(1)
Banks and similar financial uses, including outdoor tellers if pedestrian-oriented
and no more than two drive-through lanes.
(2)
Barber, beauty, tanning, and health salons.
(4)
Bookbinding, printing, and publishing operations.
(5)
Caterers, delicatessens, bakeries, ice cream shops, and restaurants.
(6)
Churches and related uses, excluding cemeteries, subject to the requirements of § 155-65 of this chapter.
(8)
Commercial greenhouses.
(9)
Dance, music, art, fashion and photographic studios and galleries.
(12)
Facilities devoted to entertainment and cultural activities,
including but not limited to theatres, playhouses, amphitheaters,
concert halls, bandshells, recital halls, cinemas, art galleries,
libraries, museums, and art, fashion and photographic studios. This
use shall expressly exclude off-track betting and/or slot machine
parlors, casinos, and adult uses.
(15)
Governmental uses, as defined herein.
(16)
Medical, dental, optical and counseling clinics and offices.
(17)
Offices.
(18)
Public, private and commercial schools.
(19)
Parks and playgrounds.
(20)
Public utilities structures.
(21)
Restaurants and taverns (but not including drive-through or
fast-food restaurants or nightclubs). Outdoor restaurant cafes, including
awnings, umbrellas, tables and chairs and trash receptacles, are permitted,
so long as they are located and operated in a manner that does not
interfere with pedestrian or vehicular circulation. All such activities
shall be controlled so as not to constitute a nuisance by means of
noise and litter.
(22)
Retail sales, rental or repair of goods, provided that no single
use contains more than 10,000 square feet of gross floor area. Suitable
uses include antiques, apothecaries, recorded music and video materials,
books, clocks and watches, clothing, computers and software, confections,
dry goods, electronics, flowers, fresh or packaged food, furniture,
gifts, hardware, jewelry, newspapers, notions, personal and household
supplies, pharmaceuticals, photographic supplies, sporting goods,
stationery, telephones, and tobacco (excluding adult uses). One sidewalk
display bin for retail merchandise shall be permitted per commercial
use along the front facade of the building when adjoining a sidewalk
or pedestrian courtyard, provided that such display bin affords sufficient
sidewalk width for pedestrians to pass unimpeded. Such bin shall be
located against the facade and shall not extend more than four feet
perpendicular from it. Display bins shall not exceed an overall length
of 15 feet nor an overall height of three feet. Display bins shall
only be exhibited during the use's business hours.
(24)
Single-family detached dwellings, including residential accessory uses, subject to the requirements of § 155-19 of this chapter.
(25)
Tailors, off-site dry cleaning, and shoe repair services.
(26)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, and Township owned and operated utilities, including sanitary sewer and waterlines, pumping stations, collection and distribution lines, and treatment plants and associated rights-of-way, subject to the requirements of § 155-14E of this chapter.
(27)
Upper-floor apartment. For each commercial use upon a property,
one upper-floor apartment with a separate ground-level access and
one off-street parking space may be provided.
(28)
Veterinary offices, provided no outdoor keeping of animals is permitted, as defined herein, and subject to the requirements of § 155-133 of this chapter.
(29)
Accessory uses customarily incidental to the above permitted
uses.
C.
Uses permitted by special exception (subject to the review procedures of § 155-174C of this chapter):
(2)
Auction houses, excluding automobile auctions, subject to the requirements of § 155-54 of this chapter.
(3)
Automobile filling stations (including minor incidental repair), subject to the requirements of § 155-57 of this chapter.
(7)
Convenience stores, as defined herein and subject to the requirements of § 155-71 of this chapter.
(8)
Drive-through and/or fast-food restaurants, subject to the requirements of § 155-74 of this chapter.
(9)
Dry cleaners, laundries and laundromats, subject to the requirements of § 155-75 of this chapter.
(10)
Health, fitness, social, fraternal and other private clubs, subject to the requirements of § 155-90 of this chapter.
(12)
Home improvement and building supply stores, subject to the requirements of § 155-94 of this chapter, provided that no single use contains more than 10,000 square feet of gross floor area.
(13)
Hotels, motels and similar lodging facilities, subject to the requirements of § 155-97 of this chapter.
(14)
Passenger motor vehicle sales, 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, subject to the requirements of § 155-114 of this chapter.
D.
Lot area, lot width, and lot coverage requirements. See the following
table:
|
Required Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
(percent)
| |
|---|---|---|---|---|
|
Both public sewer and public water
|
10,000
|
65
|
70%1
|
|
NOTES:
| ||
|---|---|---|
|
1
|
The maximum permitted lot coverage can be increased to a maximum
of 80% by the Board of Supervisors during the land development review
process for those applicants that successfully coordinate developments
with multiple uses, that share vehicular access, parking and signage
across what were formerly multiple properties and offer safe and attractive
pedestrian-oriented design.
| |
E.
Minimum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings, structures (except permitted signs)
and off-street parking lots shall be set back a minimum of 10 feet
from the street right-of-way.
(2)
Side yard setbacks. All buildings and structures (except permitted
signs), off-street parking lots, and off-street loading spaces shall
be set back at least 10 feet from the side lot lines, unless joint
off-street parking lots and/or off-street loading spaces are shared
by adjoining uses. In such instances, the side yard setbacks are eliminated
solely to accommodate the shared off-street parking lots and/or off-street
loading spaces.
(3)
Rear yard setback. All buildings and structures (except permitted
signs), off-street parking lots, and off-street loading spaces shall
be set back at least 10 feet from the rear lot lines, unless joint
off-street parking lots and/or off-street loading spaces are shared
by adjoining uses. In such instances, the rear yard setback is eliminated
solely to accommodate the shared off-street parking lots and/or off-street
loading spaces.
(4)
Residential buffer strip. Any lot adjoining land within an R-1, R-2,
R-3 or MU Zone shall maintain a twenty-foot setback for nonresidential
buildings, structures, off-street parking lots and off-street loading
areas. Such areas shall be used for a landscape strip and screen.
F.
Maximum permitted height: 35 feet, provided a structure may extend up to 45 feet if such structure is set back a horizontal distance at least equal to its height from each side and/or rear lot line. All uses must comply with § 155-24, Airport Safety Zone, of this chapter.
G.
Off-street loading spaces. Off-street loading spaces shall be provided as specified in § 155-36 of this chapter.
H.
Off-street parking. Off-street parking shall be provided as specified in § 155-37 of this chapter. The minimum required number of off-street parking spaces may be reduced by 10% by the Board of Supervisors during the land development review process for those applicants that successfully coordinate developments with multiple uses, that share vehicular access, parking and signage across what were formerly multiple properties and offer safe and attractive pedestrian-oriented design.
K.
Screening. A visual screen must be provided along any adjoining lands within an R-1, R-2, R-3 or MU Zone, regardless of whether or not the R-1, R-2, R-3 or MU Zone property is developed. (See § 155-44 of this chapter.)
L.
Landscaping. Any portion of the site not used for buildings, structures, off-street parking lots, off-street loading spaces, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 155-44 of this chapter.) A minimum ten-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 off-street loading space area shared by adjoining uses.
M.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 20 feet
from any adjoining R-1, R-2, R-3 or MU Zone properties. All waste
receptacles shall be completely enclosed within a masonry or framed
enclosure with a self-closing door or gate.
N.
Operations standards. The applicant shall submit written evidence that all 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. For a listing of some regulations, refer to § 155-40 of this chapter.
O.
Outdoor storage and display. Within this zone, outdoor storage is
prohibited, except that outdoor display of passenger motor vehicles
need not be screened from adjoining roads.
A.
Purpose of zone.
(1)
This zone provides suitable locations for retail, service, and entertainment
businesses. The uses permitted vary widely, and some may 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.
(2)
Access to these areas is provided by adjoining major roads. Specific
setbacks and design standards are imposed to promote shared vehicular
access and off-street parking lots, enhance public safety through
the ready identification of access drives and adjoining travel lanes,
and ensure protection by orienting outdoor storage and off-street
loading spaces away from adjoining residential properties.
(3)
Portions of this zone that are denoted as TDR receiving areas also
offer density bonuses for projects that help to protect the Township's
valuable farmlands through the transferable development rights program.
Finally, large-scale commercial uses are required to incorporate multistory
building and off-street parking to make more efficient use of these
valuable commercially zoned lands and reduce sprawl.
B.
Uses permitted by right:
(1)
Uses permitted by right with conventional site design in accordance with § 155-21G(1) of this chapter:
(a)
Bookbinding, printing, and publishing operations.
(b)
Churches and related uses, excluding cemeteries, subject to the requirements of § 155-65 of this chapter.
(d)
Commercial greenhouses.
(h)
Governmental uses, as defined herein.
(i)
Parks and playgrounds.
(j)
Public utilities structures.
(l)
Tailors, off-site dry cleaning, and shoe repair services.
(m)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, and Township owned and operated utilities, including sanitary sewer and waterlines, pumping stations, collection and distribution lines, and treatment plants and associated rights-of-way, subject to the requirements of § 155-14E of this chapter.
(n)
Accessory uses customarily incidental to the permitted uses.
(o)
Within that portion of the HC Zone that is designated as the
TDR receiving area on the Official Zoning Map,[1] any principal and/or accessory use permitted within the R-1 Suburban Residential Zone in accordance with all applicable standards of § 155-15 of this chapter.
[Added 5-17-2010 by Ord. No. 2010-M]
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
(2)
Uses permitted by right with compact multistory site design in accordance with § 155-21G(2) of this chapter:
(a)
Banks and similar financial uses, including outdoor tellers.
(b)
Barber, beauty, tanning, and health salons.
(c)
Caterers, delicatessens, bakeries, ice cream shops, and confectioners.
(d)
Dance, music, art, fashion and photographic studios and galleries.
(e)
Facilities devoted to entertainment and cultural activities,
including but not limited to theatres, playhouses, amphitheaters,
concert halls, bandshells, recital halls, cinemas, art galleries,
libraries, museums, and art, fashion and photographic studios. This
use shall expressly exclude off-track betting and/or slot machine
parlors, casinos, and adult uses.
(f)
Hotels, motels and similar lodging facilities, subject to the requirements of § 155-97 of this chapter.
(g)
Medical, dental, optical and counseling clinics and offices.
(h)
Offices.
(i)
Public, private and commercial schools.
(j)
Restaurants and taverns (but not including drive-through or
fast-food restaurants or nightclubs).
(k)
Retail sales, rental or repair of goods (excluding adult uses).
C.
Uses permitted by special exception (subject to the review procedures of § 155-174C of this chapter):
(1)
Uses permitted by special exception with conventional site design in accordance with § 155-21G(1) of this chapter:
(a)
Automobile filling stations (including minor incidental repair), subject to the requirements of § 155-57 of this chapter.
(c)
Convenience stores, as defined herein and subject to the requirements of § 155-71 of this chapter.
(d)
Drive-through and/or fast-food restaurants, subject to the requirements of § 155-74 of this chapter.
(f)
Passenger motor vehicle and recreational vehicle sales, 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, subject to the requirements of § 155-114 of this chapter.
(2)
Uses permitted by special exception with compact multistory site design in accordance with § 155-21G(2) of this chapter:
(b)
Auction houses, excluding automobile auctions, subject to the requirements of § 155-54 of this chapter.
(d)
Dry cleaners, laundries and laundromats, subject to the requirements of § 155-75 of this chapter.
(f)
Health, fitness, social, fraternal and other private clubs, subject to the requirements of § 155-90 of this chapter.
D.
Uses permitted by conditional use (subject to the review procedures of § 155-185 of this chapter); uses permitted by conditional use with compact multistory site design in accordance with § 155-21G(2) of this chapter:
E.
Floor area ratio, lot area, lot width, and lot coverage requirements.
See the following table:
|
Required Public Utilities
|
Maximum Floor Area Ratio
(percent)
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
(percent)
| |
|---|---|---|---|---|---|
|
Non-TDR receiving area
|
Both public sewer and public water
|
25%
|
20,000
|
100
|
65%2
|
|
TDR receiving area
|
Both public sewer and public water
|
25%1
|
20,000
|
100
|
10%1,2
|
|
NOTES:
| |
|---|---|
|
1
|
The maximum permitted floor area ratio and lot coverage can be increased to a maximum of 65% through the application of transferable development rights (TDRs) in accordance with Article VI of this chapter. For each TDR applied, the applicant can increase the permitted lot coverage by 1,000 square feet.
|
|
2
|
The maximum permitted lot coverage can be increased to a maximum of 75% through compliance with the architectural design standards as contained in § 155-21S of this chapter. Properties that achieve a maximum permitted lot coverage of 65% through the application of TDRs are also eligible to increase the permitted lot coverage to a maximum of 75% through compliance with the architectural design standards as contained in § 155-21S of this chapter.
|
F.
Minimum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings and structures (except permitted
signs) shall be set back at least 35 feet from the street right-of-way.
Off-street parking lots and outdoor storage and display areas shall
be set back a minimum of 10 feet from the street right-of-way.
(2)
Side yard setbacks. All buildings and structures (except permitted
signs) shall be set back at least 25 feet from the side lot lines.
Off-street parking lots, off-street loading spaces, and outdoor storage
and display areas shall be set back at least 10 feet from the side
lot lines, unless joint off-street parking lots and/or off-street
loading spaces are shared by adjoining uses. In such instances, the
side yard setbacks are eliminated solely to accommodate the shared
off-street parking lots and/or off-street loading spaces.
(3)
Rear yard setback. All buildings, structures, and outdoor storage
and display areas shall be set back at least 25 feet from the rear
lot line. Off-street parking lots and off-street loading spaces shall
be set back at least 10 feet from the rear lot line, unless joint
off-street parking lots and/or off-street loading spaces are shared
by adjoining uses. In such instances, the rear yard setback is eliminated
solely to accommodate the shared off-street parking lots and/or off-street
loading spaces.
(4)
Residential buffer strip. Any lot adjoining land within an R-1, R-2,
R-3, or MU Zone shall maintain a fifty-foot setback for nonresidential
buildings, structures, off-street parking lots, loading areas and
outdoor storage and display areas from the R-1, R-2, R-3, or MU Zone
parcels. Such areas shall be used for a landscape strip and screen.
G.
Height requirements.
(1)
Uses that permit conventional site design as listed in §§ 155-21B(1) and 155-21C(1) of this chapter shall have a maximum permitted height of 45 feet. All uses must comply with § 155-24, Airport Safety Zone, of this chapter.
(2)
Uses that require compact multistory design as listed in §§ 155-21B(2), 155-21C(2) and 155-21D of this chapter shall comply with the following:
(a)
Uses that existed on the effective date of this chapter and
uses with up to 75,000 square feet of gross floor area shall have
a maximum permitted height of 45 feet.
(b)
Uses with more than 75,000 square feet but less than 150,000 square feet of gross floor area shall locate no less than 40% of the total area comprised of the gross floor area of the principal building, plus the required off-street parking, either above or below, or both, the ground-level floor (i.e., two stories minimum). The maximum permitted height is 45 feet. Unless § 155-21F(4) of this chapter imposes a greater setback, each structure (except permitted signs) shall be set back a distance at least equal to its height from each front, side and rear property line.
(c)
Uses with 150,000 square feet or more of gross floor area shall locate no less than 60% of the total area comprised of the gross floor area of the principal building, plus the required off-street parking, either above or below, or both, the ground-level floor of the use (i.e., three stories minimum). The maximum permitted height is 45 feet. Unless § 155-21F(4) of this chapter imposes a greater setback, each structure (except permitted signs) shall be set back a distance at least equal to its height from each front, side and rear property line.
(d)
All uses with multiple stories shall comply with the following
table, which depicts minimum and maximum required floor area per story:
|
Required Floor Area Per Story for Multiple-Story Buildings
and Structures
| ||||
|---|---|---|---|---|
|
Number of Stories
|
1st Story
|
2nd Story
|
3rd Story
| |
|
1
|
100%
| |||
|
2
|
Maximum 60%
|
Minimum 40%
| ||
|
3
|
Maximum 40%
|
Minimum 30%
|
Minimum 20%
| |
(e)
In no case shall the height of a proposed parking garage exceed
that of the principal building(s) that it serves.
H.
Off-street loading spaces. Off-street loading spaces shall be provided as specified in § 155-36 of this chapter.
I.
Off-street parking. Off-street parking shall be provided as specified in § 155-37 of this chapter.
K.
Access drive requirements. All access drives shall be in accordance with § 155-25 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within an R-1, R-2, R-3, or MU Zone, regardless of whether or not the R-1, R-2, R-3, or MU Zone property is developed. (See § 155-44 of this chapter.)
M.
Landscaping. Any portion of the site not used for buildings, structures, off-street parking lots, off-street loading spaces, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 155-44 of this chapter.) A minimum ten-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 off-street parking lot and/or off-street loading space area shared by adjoining uses.
N.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 50 feet
from any adjoining R-1, R-2, R-3, or MU Zone properties. All waste
receptacles shall be completely enclosed within a masonry or framed
enclosure with a self-closing door or gate.
O.
Operations standards. The applicant shall submit written evidence that all 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. For a listing of some regulations, refer to § 155-40 of this chapter.
P.
Outdoor storage and display. Within this zone, outdoor storage and
display is permitted, provided all such areas are screened from adjoining
roads and properties and they comply with all of those setbacks specifically
imposed thereon listed in this section. The outdoor storage and display
areas for vehicles sales need not be screened from adjoining roads.
Q.
General provisions. All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.
R.
Environmental protection standards. All uses permitted within this zone shall also comply with the applicable environmental protection standards contained within Article V of this chapter.
S.
Architectural design standards.
(1)
Applicants
are encouraged to design and construct buildings that complement the
Township's developing landscape. To that effect, the Township offers
an optional set of architectural design standards that are tied with
the granting of a density bonus. In this case, applicants may opt
to obtain a prescribed increase in permitted lot coverage in return
for the use of the following specific architectural design guidelines.
A developer desiring to obtain such approval shall, when making application
for approval for a land development, also make application for approval
under this section. The Board of Supervisors shall consider both requests
simultaneously. These optional standards may only be applied to the
proposed use upon approval by the Board of Supervisors and written
acceptance by the applicant of all requirements of this section and
any valid conditions of approval attached by the Board of Supervisors.
(2)
Buildings and sites should be designed by qualified architects and
constructed and maintained so that they:
(a)
Contribute to a cohesive and unified architectural theme upon
the site and with neighboring properties within the zone;
(b)
Feature prominent customer entrances and exterior pedestrian
amenities;
(c)
Include architectural details or elements such as windows, colonnades,
porches, porticos, columns, pilasters and canopies;
(d)
Make use of a combination of wood, brick, metal, stone, concrete
masonry, split-face block or textured molded block, glass or stucco
exterior wall materials or exterior insulation and finish systems
(EIFS), as viewed from adjoining streets and properties;
(e)
Employ earth-tone, pottery-tone or Williamsburg-type colors
for primary wall surfaces;
(f)
Visually screen heating, ventilation, air-conditioning, elevator,
or other mechanical appurtenances from adjoining streets and properties;
(g)
Place utilities underground, except that junction boxes, transformers
and other apparatuses which, due to their function, require aboveground
placement shall be screened from adjoining roads and properties; and/or
(3)
The applicant shall submit graphic elevations, drawn to scale by
an architect registered in the Commonwealth of Pennsylvania, depicting
compliance with these standards, with proposed materials labeled and
a corresponding color palette.
(4)
In return for compliance with the above-described design standards,
the Township will award an increase in permitted lot coverage up to
a maximum of 75% for the proposed use.
(5)
Existing uses that desire to incorporate the architectural design
standards in return for the increase in permitted lot coverage after
the original approval shall require another approval at that time.
A.
Purpose of zone.
(1)
This zone provides key locations for a mix of various types of light
industries to diversify the Township's and region's economy and offer
valuable employment opportunities. This zone will principally permit
light and small-scale industries as permitted uses but require special
exception or conditional use approval for larger uses that pose the
potential for greater impact.
(2)
Required lot sizes have been kept small to accommodate the start-up
industries that are likely to emerge; however, larger industries have
also been permitted. These areas have been located near existing public
utility service areas, other industrial uses and along major roads.
Design standards 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.
B.
Uses permitted by right:
(1)
Uses permitted by right with conventional site design in accordance with § 155-22G(1) of this chapter:
(a)
Bookbinding, printing, and publishing operations.
(b)
Co-located communications antennas upon existing structures (e.g., utility transmission towers, observation towers, communications towers, silos, steeples, smokestacks, water towers, flagpoles, and other similar structures), subject to the requirements of § 155-66 of this chapter.
(g)
Governmental uses, as defined herein.
(h)
Machine, tool and die, and metal fabrication shops.
(i)
Manufacturing, packaging, storage and/or wholesaling of the
following:
[1]
Furniture, cabinets, plumbing, heating, air conditioning, ventilation
and electrical fixtures, ceramic, stone, vinyl, fiberglass and linoleum
tiles, carpets and rugs, windows, doors, insulation, ceiling and roofing
tiles, household appliances, finished lumber and other household appointments;
[2]
Scientific, medical, optical, specialized, and technical instruments
and equipment;
[3]
Audiovisual components, computers, vending machines, electronic
equipment, software and video games;
[4]
Office equipment, supplies, furnishings, and equipment;
[5]
Packaging materials, supplies and equipment;
[6]
Finished textile products;
[7]
Cosmetics, drugs, dyes, toiletries, perfumes and other pharmaceuticals;
[8]
Brushes, brooms, and combs;
[9]
Hot tubs, spas, saunas, and swimming pools;
[10]
Jewelry, and other precious or semiprecious metals
and stones;
[11]
Photographic, lighting, and timekeeping equipment;
[12]
Hand tools, hardware, power tools and small engine
equipment and vehicles, including but not limited to lawn mowers,
chain saws, compressors, power-washing equipment, motorcycles, and
outboard boat motors;
[13]
Musical instruments, sporting equipment, bicycles
and toys; and
[14]
Small or novelty products from prepared materials
(excluding the use of sheet metals).
(j)
Parks and playgrounds.
(k)
Public utilities structures.
(l)
Repair shops for products permitted to be manufactured in this
zone.
(n)
Shops, offices and showrooms for contractors of painting, power
washing, plumbing, heating, air conditioning, electrical, electronic,
telephone, antennas and cable, communications, roofing, flooring,
drywall and plaster, basement waterproofing, carpet, countertops,
glass and windows, insulation, gutters and downspouts, well drilling
and septic system installation, maintenance and pumping, woodworking,
carpentry and cabinetmaking, swimming pools, hot tubs and spas, lawn
care and landscaping, masonry, concrete and paving, pest control and
snow removal.
(o)
Sign makers.
(p)
Small engine repair shops.
(q)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, and Township owned and operated utilities, including sanitary sewer and waterlines, pumping stations, collection and distribution lines, and treatment plants and associated rights-of-way, including refuse incinerators, subject to the requirements of §§ 155-14E of this chapter.
(r)
Welding shops.
(s)
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 3,000 square feet, whichever is less:
[1]
Athletic fields and courts and recreation facilities.
[2]
Power-generation facilities.
[3]
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 300 square feet.
(2)
Uses permitted by right with compact multistory site design in accordance with § 155-22G(2) of this chapter:
(a)
Banks and similar financial institutions.
(b)
Health, fitness, social, fraternal and other private clubs, subject to the requirements of § 155-90 of this chapter.
(c)
Laboratories for medical, scientific, or industrial research
and development.
(d)
Medical, dental, optical and counseling clinics and offices.
(e)
Offices.
(g)
Vocational, technical and mechanical trade schools.
C.
Uses permitted by special exception (subject to the review procedures of § 155-174C of this chapter); uses permitted by special exception with conventional site design in accordance with § 155-22G(1) of this chapter:
(3)
Automobile auctions and/or storage yards, subject to the requirements of § 155-56 of this chapter.
(5)
Freestanding communications towers and equipment that are not co-located upon an existing structure, subject to the requirements of § 155-86 of this chapter.
(6)
Heavy equipment leasing, rental, sales, service, repair and warehousing, such as excavation machinery, commercial trucks, buses, farm equipment, manufactured homes, trailers, and other similar machinery, subject to the requirements of § 155-91 of this chapter.
(7)
Heavy industrial uses, as defined herein, subject to the requirements of § 155-92 of this chapter.
(9)
Mass transit and/or taxicab terminals, subject to the requirements of § 155-103 of this chapter.
(12)
Passenger motor vehicle and recreational vehicle sales, 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, subject to the requirements of § 155-114 of this chapter.
(13)
Principal waste handling, recycling, processing, transfer and disposal facilities, subject to the requirements of § 155-115 of this chapter.
(15)
Recycling facilities for electronics, paper, plastic, glass and metal products, subject to the requirements of § 155-118 of this chapter.
(16)
Sales, storage and/or wholesaling for the local delivery of the following, subject to the requirements of § 155-123 of this chapter:
D.
Uses permitted by conditional use (subject to the review procedures of § 155-185 of this chapter); uses permitted by conditional use with compact multistory design in accordance with § 155-22G(2) of this chapter:
E.
Lot area, lot width, and lot coverage requirements. See the following
table:
[Amended 5-17-2021 by Ord. No. 2021-A]
|
Required Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
(percent)
| |
|---|---|---|---|---|
|
Both public sewer and public water
|
20,000
|
100
|
65%1
|
|
NOTES:
| ||
|---|---|---|
|
1
|
The maximum permitted lot coverage can be increased to a maximum of 75% through compliance with the architectural design standards as contained in § 155-22S of this chapter.
| |
F.
Minimum setback requirements (principal and accessory uses).
(1)
Front yard setback. All buildings and structures (except permitted
signs) shall be set back at least 35 feet from the street right-of-way;
off-street parking lots and outdoor storage and display areas shall
be set back a minimum of 10 feet from the street right-of-way.
(2)
Side yard setbacks. All buildings and structures (except permitted
signs) shall be set back at least 25 feet from the side lot lines.
Off-street parking lots, off-street loading spaces, and outdoor storage
and display areas shall be set back at least 10 feet from the side
lot lines, unless joint off-street parking lots and/or off-street
loading spaces are shared by adjoining uses. In such instances, the
side yard setbacks are eliminated solely to accommodate the shared
off-street parking lots and/or off-street loading spaces.
(3)
Rear yard setback. All buildings, structures, and outdoor storage
and display areas shall be set back at least 25 feet from the rear
lot line. Off-street parking lots and off-street loading spaces shall
be set back at least 10 feet from the rear lot line, unless joint
off-street parking lots and/or off-street loading spaces are shared
by adjoining uses. In such instances, the rear yard setback is eliminated
solely to accommodate the shared off-street parking lots and/or off-street
loading spaces.
(4)
Residential buffer strip. Any lot adjoining land within an R-1, R-2,
R-3, or MU Zone shall maintain a fifty-foot setback for nonresidential
buildings, structures, off-street parking lots, loading areas and
outdoor storage and display areas from the R-1, R-2, R-3, or MU Zone
parcels. Such areas shall be used for a landscape strip and screen.
G.
Height requirements.
(1)
Uses that permit conventional site design as listed in §§ 155-22B(1) and 155-22C of this chapter shall have a maximum permitted height of 45 feet. All uses must comply with § 155-24, Airport Safety Zone, of this chapter.
(2)
Uses that require compact multistory design as listed in §§ 155-22B(2) and 155-22D of this chapter shall comply with the following:
(a)
Uses that existed on the effective date of this chapter and
uses with up to 75,000 square feet of gross floor area shall have
a maximum permitted height of 45 feet.
(b)
Uses with more than 75,000 square feet but less than 150,000 square feet of gross floor area shall locate no less than 40% of the total area comprised of the gross floor area of the principal building, plus the required off-street parking, either above or below, or both, the ground-level floor (i.e., two stories minimum). The maximum permitted height is 45 feet. Unless § 155-21F(4) of this chapter imposes a greater setback, each structure (except permitted signs) shall be set back a distance at least equal to its height from each front, side and rear property line.
(c)
Uses with 150,000 square feet or more of gross floor area shall locate no less than 60% of the total area comprised of the gross floor area of the principal building, plus the required off-street parking, either above or below, or both, the ground-level floor of the use (i.e., three stories minimum). The maximum permitted height is 45 feet. Unless § 155-21F(4) of this chapter imposes a greater setback, each structure (except permitted signs) shall be set back a distance at least equal to its height from each front, side and rear property line.
(d)
All uses with multiple stories shall comply with the following
table, which depicts minimum (min) and maximum (max) required floor
area per story:
|
Required Floor Area Per Story for Multiple-Story Buildings
and Structures
| ||||
|---|---|---|---|---|
|
Number of Stories
|
1st Story
|
2nd Story
|
3rd Story
| |
|
1
|
100%
| |||
|
2
|
Maximum 60%
|
Minimum 40%
| ||
|
3
|
Maximum 40%
|
Minimum 30%
|
Minimum 20%
| |
(e)
In no case shall the height of a proposed parking garage exceed
that of the principal building(s) that it serves.
H.
Off-street loading spaces. Off-street loading spaces shall be provided as specified in § 155-36 of this chapter.
I.
Off-street parking. Off-street parking shall be provided as specified in § 155-37 of this chapter.
K.
Access drive requirements. All access drives serving other uses shall be in accordance with § 155-25 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within an R-1, R-2, R-3, or MU Zone, regardless of whether or not the R-1, R-2, R-3, or MU Zone property is developed. (See § 155-44 of this chapter.)
M.
Landscaping. Any portion of the site not used for buildings, structures, off-street parking lots, off-street loading spaces, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 155-44 of this chapter.) A minimum ten-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 off-street parking lot and/or off-street loading space area shared by adjoining uses.
N.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 50 feet
from any adjoining R-1, R-2, R-3, or MU Zone properties. All waste
receptacles shall be completely enclosed within a masonry or framed
enclosure with a self-closing door or gate.
O.
Operations standards. The applicant shall submit written evidence that all 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. For a listing of some regulations, refer to § 155-40 of this chapter.
P.
Outdoor storage and display. Within this zone, outdoor storage and
display is permitted, provided all such areas are screened from adjoining
roads and properties and they comply with all of those setbacks specifically
imposed thereon listed in this section. The outdoor storage and display
areas for vehicle sales need not be screened from adjoining roads.
Q.
General provisions. All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.
R.
Environmental protection standards. All uses permitted within this zone shall also comply with the applicable environmental protection standards contained within Article V of this chapter.
S.
Architectural design standards.
(1)
Applicants are encouraged to design and construct buildings that
complement the Township's developing landscape. To that effect, the
Township offers an optional set of architectural design standards
that are tied with the granting of a density bonus. In this case,
applicants may opt to obtain a prescribed increase in permitted lot
coverage in return for the use of the following specific architectural
design guidelines. A developer desiring to obtain such approval shall,
when making application for approval for a land development, also
make application for approval under this section. The Board of Supervisors
shall consider both requests simultaneously. These optional standards
may only be applied to the proposed use upon approval by the Board
of Supervisors and written acceptance by the applicant of all requirements
of this section and any valid conditions of approval attached by the
Board of Supervisors.
(2)
Buildings and sites should be designed by qualified architects and
constructed and maintained so that they:
(a)
Contribute to a cohesive and unified architectural theme upon
the site and with neighboring properties within the zone;
(b)
Feature prominent customer entrances and exterior pedestrian
amenities;
(c)
Include architectural details or elements such as windows, colonnades,
porches, porticos, columns, pilasters and canopies;
(d)
Make use of a combination of wood, brick, metal, stone, concrete
masonry, split-face block or textured molded block, glass or stucco
exterior wall materials or exterior insulation and finish systems
(EIFS), as viewed from adjoining streets and properties;
(e)
Employ earth-tone, pottery-tone or Williamsburg-type colors
for primary wall surfaces;
(f)
Visually screen heating, ventilation, air-conditioning, elevator,
or other mechanical appurtenances from adjoining streets and properties;
(g)
Place utilities underground, except that junction boxes, transformers
and other apparatuses which, due to their function, require aboveground
placement shall be screened from adjoining roads and properties; and/or
(3)
The applicant shall submit graphic elevations, drawn to scale by
an architect registered in the Commonwealth of Pennsylvania, depicting
compliance with these standards, with proposed materials labeled and
a corresponding color palette.
(4)
In return for compliance with the above-described design standards,
the Township will award an increase in permitted lot coverage of 10%,
up to a maximum of 75%, for the proposed use.
(5)
Existing uses that desire to incorporate the architectural design
standards in return for the increase in permitted lot coverage after
the original approval shall require another approval at that time.
A.
Purpose of zone. The purpose of this zone is to reserve appropriate
areas of the Township for mining and related processing of raw materials;
to provide reasonable standards for mining 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; and to accommodate suitable uses for reclaimed
quarry and mining sites after active operations are concluded. This
zone is designated in areas where mining activities have taken place
in the past and/or, based upon prior approvals, could occur in the
future.
B.
Uses permitted by right: (All of these permitted uses are subject to the design requirements of § 155-14E of this chapter.)
(1)
Agriculture and horticulture, but expressly excluding concentrated animal operations and concentrated animal feeding operations, both as defined herein, subject to the requirements of § 155-14E of this chapter.
(2)
Co-located communications antennas upon existing structures (e.g., utility transmission towers, observation towers, communications towers, silos, steeples, smokestacks, water towers, flagpoles, and other similar structures), subject to the requirements of § 155-66 of this chapter.
(4)
Governmental uses, as defined herein.
(5)
Uses of Conewago Township or its agencies and/or authorities, including but not limited to government structures and facilities, including but not limited to office buildings, public works facilities, parks and recreational facilities, public sewer systems, public water systems, and associated rights-of-way, subject to the requirements of § 155-14E of this chapter.
(6)
Parks and playgrounds.
(7)
Public utilities structures.
(8)
Uses devoted to the conservation of natural and cultural resources.
(9)
Parks that are devoted to the conservation of local natural and cultural
resources as the principal recreation feature.
(10)
Accessory uses customarily incidental to the above permitted
uses, including, but not limited to, the following:
(a)
Alternative energy production facilities, subject to the requirements of § 155-51 of this chapter.
(c)
Detached buildings (e.g., sheds, barns, pole buildings, etc.)
used to house personal property of the residents.
(e)
Domestic pets, as defined herein.
(g)
Family day-care facilities, as defined herein, subject to the requirements of § 155-79 of this chapter.
(j)
Garages for the storage of personal vehicles and/or personal
property, attached or detached to the dwelling unit.
(l)
Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 155-100 of this chapter.
(n)
Manure storage facilities, as an accessory use to an agricultural or horticultural use if contained upon a farm, subject to the requirements of § 155-102 of this chapter.
(p)
No-impact home-based business, as defined herein.
(q)
Noncommercial keeping of livestock, as defined herein, subject to the requirements of § 155-108 of this chapter.
(r)
Outdoor residential athletic courts (e.g., basketball, bocci, handball, tennis, volleyball, etc.), subject to the requirements of § 155-111 of this chapter.
(s)
Parking and/or storage of recreational vehicles, personal cargo trailers and PODS® storage containers (each as defined herein), subject to the requirements of § 155-113 of this chapter.
(u)
Roadside stands for the seasonal sale of agricultural products, subject to the requirements of § 155-120 of this chapter.
D.
Off-street loading spaces. Off-street loading spaces shall be provided as specified in § 155-36 of this chapter.
E.
Off-street parking. Off-street parking shall be provided as specified in § 155-37 of this chapter.
G.
Access drive requirements. All access drives serving other uses shall be in accordance with § 155-25 of this chapter.
H.
Screening. For any quarry or related uses, a visual screen must be provided along any adjoining lands within an R-1, R-2, R-3, or MU Zone, regardless of whether or not the R-1, R-2, R-3, or MU Zone property is developed. (See § 155-44 of this chapter.)
I.
Landscaping. Any portion of the site not used for buildings, structures, off-street parking lots, off-street loading spaces, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 155-44 of this chapter.) A minimum ten-foot-wide landscape strip shall be provided along all property lines.
J.
Waste products. Dumpsters may be permitted within the side or rear
yard, provided such dumpsters are screened from any adjoining roads
or properties. All dumpsters shall be set back a minimum of 50 feet
from any adjoining R-1, R-2, R-3, or MU Zone properties. All waste
receptacles shall be completely enclosed within a masonry or framed
enclosure with a self-closing door or gate.
K.
Operations standards. The applicant shall submit written evidence that all 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. For a listing of some regulations, refer to § 155-40 of this chapter.
L.
Outdoor storage and display. Within this zone, outdoor storage and
display is permitted, provided all such areas are screened from adjoining
roads and properties and they comply with all of those setbacks specifically
imposed thereon listed in this section.
A.
Purpose of zone. It is the specific intent of these regulations to
establish districts which will promote the safe operation of any airport
within Conewago Township by preventing the establishment of obstructions
that are or could be hazardous to air navigation.
B.
Airport Safety Zone. The provisions of this § 155-24 create an overlay zone that is applicable in all other zones established by this chapter. To the extent the provisions of the Airport Safety Zone regulations in this section are applicable and more restrictive, they shall supersede conflicting provisions within all other regulations of this chapter and all other ordinances of Conewago Township. However, all other provisions of all other regulations of this chapter and all other ordinances of the Township shall remain in full force.
C.
Airport Safety Zone Map. The Airport Safety Zone Map shall be deemed an overlay on any zone now or hereafter applicable to any lot. Should the Airport Safety Zone be declared inapplicable by legislative or administrative actions or judicial discretion, the regulations applicable to such lot shall be deemed to be the zone in which it is located without consideration to this § 155-24, which defines the Airport Safety Zone.
D.
Airport Safety Zone boundaries. The Airport Safety Zone is hereby defined to include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Hanover Airport. The various zones are established and defined in § 155-13 of this chapter and are shown on the Airport Safety Zone Map, which is available for inspection at the Township office.
E.
Airport Safety Zones delineation. In order to carry out the provisions of this § 155-24, there hereby are created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Hanover Airport. Such zones are shown on the Airport Safety Zone Map, which is attached to this chapter and made a part hereof.[1] An area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as
follows:
(1)
Utility Runway Nonprecision Instrument Approach Zone. The inner edge
of this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(2)
Transitional Zones. The Transitional Zones are the areas beneath
the transitional surfaces.
(3)
Horizontal Zone. The Horizontal Zone is established by swinging arcs
of 5,000 feet radii from the center of each end of the primary surface
of each runway and connecting the adjacent arcs by drawing lines tangent
to those arcs. The Horizontal Zone does not include the approach and
transitional zones.
(4)
Conical Zone. The Conical Zone is established as the area that commences
at the periphery of the Horizontal Zone and extends outward therefrom
a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is on file in the Township offices.
F.
Height limitations. Except as otherwise provided in this § 155-24, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1)
Utility Runway Nonprecision Instrument Approach Zone: slopes 20 feet
outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance
of 5,000 feet along the extended runway center line.
(2)
Transitional Zone: slopes seven feet outward for each foot upward
beginning at the side of and at the same elevation as the primary
surface and the approach surface and extending to a height of 150
feet above the airport elevation. In addition to the foregoing, there
are established height limits sloping seven feet outward for each
foot upward beginning at the sides of and at the same elevation as
the approach surface and extending to where they intersect the conical
surface.
(3)
Horizontal Zone: established at 150 feet above the airport elevation.
(4)
Conical Zone: slopes 20 feet outward for each foot upward beginning
at the periphery of the Horizontal Zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation.
G.
Use restrictions.
(1)
The Airport Safety Zone shall be deemed an overlay on the applicable
base zones as shown on the Conewago Township Zoning Map.[2] Except as limited by this § 155-24, permitted uses on any lot within the Airport Safety Zone shall be as prescribed in the applicable base zone.
[2]
Editor's Note: The Zoning Map is on file in the Township offices.
(2)
Should the Airport Safety Zone be declared inapplicable by legislative or administrative actions or judicial discretion, the regulations applicable to such lot shall be deemed to be the zone in which it is located without consideration of this § 155-24.
(3)
Should the base zoning of any parcel or any part thereof in which
the Airport Safety Zone is located be changed through any legislative
or administrative actions or judicial discretion, such changes shall
have no effect on the Airport Safety Zone unless such effect was clearly
specified as part of the originally proposed change.
(4)
Notwithstanding any other provisions of this § 155-24, no use may be made of land or water within any Airport Safety Zone established by this § 155-24 in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
H.
Nonconforming uses. The regulations prescribed by this § 155-24 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of June 8, 1983, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to June 8, 1983, and the completion of which is diligently pursued. No permit shall be granted that would allow a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on June 8, 1983, or any amendments thereto, or than it is when the application for a permit is made. Continuance of a nonconforming use may be conditioned upon the requirements of § 155-24J of this chapter.
I.
Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree, not in accordance with the regulations prescribed in this § 155-24, may apply to the Zoning Hearing Board for a variance from such regulation. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for variance to the requirements of this § 155-24 may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Hanover Airport Manager for advice as to the aeronautical effects of the variance. If the Manager does not respond to the application within 15 days after receipt, the Board may act on its own to grant or deny said application. In considering any application for a variance from the terms of this article, the Board shall be further guided by the standards and criteria listed in §§ 155-174D and 155-24J of this chapter.
J.
Obstruction marking and lighting. Notwithstanding any other provision of this § 155-24, the issuance of a zoning permit, the granting of a variance or the continuation of a nonconforming use may, if deemed advisable to effectuate the purpose of this § 155-24 and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Township or Zoning Hearing Board, the condition may be modified to require the owner to permit Hanover Airport, at its own expense, to install, operate and maintain the necessary markings and lights.
