Township of Middletown, PA
Bucks County
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Table of Contents
Table of Contents
[Amended 5-25-1993 by Ord. No. 93-07]
Accessory uses and structures shall be permitted in all zoning districts, unless otherwise indicated, subject to the specific requirements noted below and the obtainment of a zoning permit.
[Amended 7-18-2000 by Ord. No. 00-08]
A. 
A garage or storage shed which is not an integral structural part of a main building shall be subject to the following requirements:
(1) 
Storage sheds may be located in the required side and/or rear yards but not less than three feet from any property line. Garages may be located in the required side and/or rear yards but not less than five feet from any property line.
(2) 
Such structures shall be situated at least 10 feet farther back from the street line than the rearmost portion of the main building.
(3) 
The square footage of residential accessory structures shall be limited to 3% of the lot area up to a maximum of 500 square feet and a maximum building height of 14 feet. Accessory garages shall be constructed of a material that is compatible with the residential area, consisting of a wood or similar finish, and shall not include metal pole-barn-type structures. Accessory structures shall also comply with the building coverage and impervious surface ratios of the district in which the structure is to be located. Accessory structures located on through lots are not permitted access off the street on which the principal dwelling does not take access.
[Amended 1-9-2007 by Ord. No. 07-02]
B. 
A garage or storage shed which is connected to the main building by a breezeway or similar structure shall be considered an integral structural part of the main building and shall comply with all yard requirements specified for the district in which it is located.
C. 
Nothing in this section shall be construed to prohibit the erection of a common or joint garage which is not an integral structural part of a main building on adjoining lots.
Recreational vehicles and utility trailers shall be parked and/or stored in a driveway, garage, side yard or rear yard. "Recreational vehicle" is defined as a piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure-time or recreational use. Recreational vehicles include, but are not limited to, the following: travel trailers, motor homes, folding tent campers, boats and boat trailers, snowmobiles, and all-terrain vehicles. No zoning permit shall be required for this use, provided the requirements of this section have been met.
[Amended 7-18-2000 by Ord. No. 00-08]
A recreational facility designed to contain a water depth of 24 inches or more for use of the residents and their guests. This includes both in-ground and aboveground pools and hot tubs/spas, subject to the following:
A. 
A swimming pool shall not be located in a front yard, except where a lot fronts on more than one street; in which case, a swimming pool may be located in a front yard, provided that it is not the yard which the front of the dwelling faces and that it is not located within the required minimum front yard.
B. 
No swimming pool shall be located within the required minimum side yards, nor closer than six feet to the rear lot line and the rearmost portion of the main building.
C. 
An outdoor swimming pool, including an in-ground or aboveground pool or a hot tub/spa, shall be provided with a barrier that completely surrounds the swimming pool. The barrier shall comply with the following:
(1) 
The top of the barrier shall be at least 48 inches (four feet) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches, measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be two inches.
(2) 
Openings in the barrier shall not allow passage of a four-inch diameter sphere.
(3) 
Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
(4) 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
(5) 
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.
(6) 
Maximum mesh size for chain-link fences shall be a 1 1/4 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1 3/4 inches.
(7) 
Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.
(8) 
Access gates shall comply with the requirements of Subsection C(1) through (7) above and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate:
(a) 
The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate; and
(b) 
The gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.
(9) 
Where a wall of a dwelling serves as part of the barrier, direct access to the pool through the wall shall be limited to doors and windows which meet the following conditions:
(a) 
Windows leading to the pool area shall have a latching device at least 54 inches above the floor.
(b) 
Hinged doors leading to the pool area shall be self-closing and shall have a self-latching device. The release mechanism of the self-latching device shall be located at least 54 inches above the floor.
(c) 
Sliding doors or sliding screen doors leading to the pool area shall be self-closing and shall have a self-latching device. The release mechanism of the self-latching device shall be located at least 54 inches above the floor.
(10) 
Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
D. 
A swimming pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable national electrical code.
E. 
A swimming pool shall not be located under electrical wires.
F. 
There shall be no cross-connection with a public sewerage system.
G. 
The permanent inlet shall be above the overflow level of the pool.
H. 
A site plan showing the existing and proposed contours of the site and the proposed drainage system for the swimming pool shall be submitted to the Zoning Officer, subject to the approval of the Township Engineer.
I. 
In addition to the zoning permit fee, fees shall be required for the review of the site plan by the Township Engineer and for inspection to ensure compliance with the site plan.
A temporary permit may be issued for structures necessary during construction or other special circumstances of a nonrecurring nature, subject to the following requirements:
A. 
Temporary structures shall meet the area and dimensional requirements for the district in which the structure is located. Temporary structures which will not conform to the requirements of this chapter shall only be permitted by special exception.
B. 
Temporary construction trailers for tracts under development shall be permitted for the duration of the construction period. Such trailers shall be removed within 30 days after issuance of a certificate of occupancy by the Township.
C. 
All temporary structures, except as noted in Subsection B above, shall be permitted for a continuous period of up to 30 days. Such temporary structures shall not be permitted for more than 30 days in any one year, unless the Zoning Hearing Board authorizes an extension as a special exception. Such temporary structures shall be removed promptly after the expiration of the permit without cost to the Township.
D. 
Temporary structures shall meet all applicable requirements of the Township Building Code (Chapter 190, Article II).
A wind energy conversion system is a device which converts wind energy to mechanical or electrical energy. A wind energy conversion system shall be permitted by special exception, subject to the following requirements:
A. 
Siting.
(1) 
A WECS shall be setback from any property line, aboveground utility line, or other WECS a distance greater than either:
(a) 
Its overall height, including blades; or
(b) 
The minimum yard requirements, whichever is greater.
(2) 
In the case of clustered developments, such as a PRD and a performance standard subdivision, a WECS shall be erected within the common open space area and shall be set back from all residences at a distance greater than Subsection A(1)(a) above.
(3) 
Contiguous property owners may construct a WECS for use in common, provided that the required setback is maintained relative to all aboveground utility lines and the property lines of nonparticipating owners.
B. 
Size.
(1) 
Maximum output: 100 kilowatts.
(2) 
Maximum blade diameter: 80 feet.
(3) 
Maximum height: none. A WECS shall not be limited by the maximum height restrictions of this chapter, except in airport zones.
C. 
Safety and welfare.
(1) 
Minimum blade height: 15 feet from ground at the lowest point of the arc.
(2) 
Access control: minimum access height of 12 feet or minimum fence height of six feet with locking portal.
(3) 
If hookup to the PECO system is proposed, electrical plans must be prepared by a certified electrical engineer, at the applicant's expense, and submitted to PECO for approval, which must be obtained.
(4) 
Subject to review and approval by the Township Engineer, the design of a proposed WECS shall be such that it will operate safely, without loss of structural integrity, under the following conditions:
(a) 
Loss of utility power (shall not backfeed dead utility line).
(b) 
Blade imbalance (shall support added blade weight of at least 10%).
(5) 
A minimum of one sign shall be posted near ground level of the tower structure, warning of high voltage.
(6) 
The electrical and utility lines to and from a WECS shall be underground.
(7) 
The ground-level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing.
(8) 
A WECS shall primarily serve on-site generation needs.
[Amended 3-23-1999 by Ord. No. 99-04]
A satellite dish antenna is a device incorporating a reflective surface that is solid, pen mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive video or electromagnetic waves between terrestrial and/or orbitally based uses. A satellite dish antenna that is one meter or less in diameter shall be permitted in any area regardless of land use or zoning category. A satellite dish antenna that is two meters or less in diameter shall be permitted in a nonresidential district (A-O, C, CS, GB, P, M-1 or OC). These satellite dishes shall be exempted from zoning requirements in compliance with Federal Communications Commission regulations. However, any satellite dish antenna exceeding above-noted diameter sizes (one meter in residential areas and two meters in nonresidential districts) shall be permitted subject to the following requirements:
A. 
A satellite dish antenna may be located in the required side or rear yard. The applicant shall calculate the look angle of the reception window and place the antenna far enough away from the adjoining property to ensure the protection of proper antenna performance. However, in no case shall such accessory structure be located less than five feet from any property line in a residential district or less than the minimum setback required for accessory structures in the applicable nonresidential district.
B. 
To help maintain the character of a residential neighborhood, a satellite dish antenna shall not be located in the front yard of a residential structure. No more than one satellite dish antenna shall be permitted on a residential lot.
C. 
For safety purposes, a satellite dish antenna shall be anchored to the ground in accordance with applicable building code requirements.
D. 
The diameter of a satellite dish antenna shall not exceed nine feet when proposed as an accessory use to a residential use or to any use in the RA-1, RA-2, RA-3, R-1, R-2, R-3, MR, RC or MHP District. When separately supported, the total height of the satellite dish antenna shall not exceed 12 feet.
E. 
The diameter of a satellite dish antenna shall not exceed 23 feet when proposed as an accessory use to any use (except residential uses) in the A-O, C, CS, GB, P, M-1 or OC District.
F. 
In order to preserve the structural integrity of a building, roof mounting of a satellite dish antenna shall not be permitted.
G. 
If it is demonstrated that an obstruction-free reception window cannot be achieved within the above parameters for reasons beyond the control of the applicant, the requirement(s) may be exceeded by special exception, subject to the following criteria:
(1) 
Demonstration by the applicant that compliance with the applicable yard, setback and height restrictions would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the applicant's control. However, in no case shall the antenna be located in the front yard of a residential structure.
(2) 
The height of the proposed installation does not exceed the maximum height restriction imposed for primary uses within the district.
(3) 
All applicants must include certification by a registered engineer that the proposed installation complies with the standards of the Township Building Code.
(4) 
All installations must include appropriate screening treatments located along the antenna's nonreception window axes as required by the Zoning Hearing Board.
(5) 
The criteria relating to all special exceptions in § 500-3108 of this chapter shall apply.
An accessory home occupation is defined as a customary home occupation for gain. An accessory home occupation is an accessory use that shall be clearly subordinate to the existing residential use of the property. Such uses shall meet the general standards and the specific standards related to the use as set forth below.
A. 
General standards. The following shall apply to all home occupations:
(1) 
A home occupation must be conducted within a single-family detached dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. The home occupation shall be carried on entirely indoors.
(2) 
The maximum amount of floor area devoted to the home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less.
(3) 
In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows, signs or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter.
(4) 
One sign is permitted per home occupation, provided that it is no larger than 120 square inches per side. It shall bear only the name, occupation and office hours of the practitioner and shall not be indirectly illuminated. All applicable requirements of Article XXVIII, Sign Regulations, shall be met.
(5) 
All commercial vehicles shall be parked on lot. Only one commercial vehicle may be parked outside of a garage or an enclosed structure.
(6) 
All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences by evergreen hedge material as specified in § 500-2605F(5), which shall be placed on three-foot centers. Alternately, a four-foot to five-foot fence may be erected which provides a visual screen.
(7) 
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
(8) 
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises. All home occupations shall comply with the nuisance standards in Article XXV.
(9) 
Home occupations shall not include the following: animal hospitals, commercial stables or kennels, funeral parlors or undertaking establishments, tourist homes, antique shops, restaurants, furniture stripping or rooming houses, boardinghouses or lodging houses.
(10) 
All home occupation uses shall be located on an improved public street.
(11) 
No retail sales shall be permitted as part of any home occupation.
B. 
Specific use standards. The following shall apply to specific types of accessory home occupations.
(1) 
Professional offices.
(a) 
A professional office is a service-oriented business use conducted within an enclosed area specifically designed for the functional needs of the use, wherein the professional services of the practitioner is the saleable commodity offered to the client.
(b) 
Professional offices include, but are not limited to, the following: office facility of a salesman, sales representative or a manufacturer's representative; office facility of an architect, engineer, broker, dentist, physician, psychiatrist, insurance agent, land surveyor, lawyer, musician, real estate agent or accountant; office facility of a minister, rabbi or other religious leader, provided that the office is open to the public or congregation.
[1] 
A professional office home occupation shall be permitted when authorized by the Zoning Hearing Board as a special exception. However, for the office of a salesmen or sales representative which does not involve deliveries to or from the home and does not involve direct, personal contact with the public at the home, a special exception shall not be required.
[2] 
A minimum lot area of one acre shall be required for a professional office home occupation. However, for the office of a salesman or sales representative which does not involve deliveries to or from the home and does not involve direct, personal contact with the public at the home, the minimum lot area shall be the same as required for a single-family detached dwelling in the applicable district.
[3] 
No more than two persons, other than resident members of the immediate family, may be employed or subcontracted at the residence.
[4] 
In addition to the off-street parking spaces required in this chapter for the single-family detached dwelling, a professional office shall provide one off-street parking space for each employee, plus one additional space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
(2) 
Personal services. A service business, including, but not limited to, barbers, beauticians or photographers.
(a) 
A personal service home occupation shall be permitted when authorized by the Zoning Hearing Board as a special exception.
(b) 
Beauty parlors and barbershops shall be located on a minimum lot area of one acre, and no more than two beauty parlor or barber chairs shall be provided.
(c) 
No more than one person, other than resident members of the immediate family, may be employed.
(d) 
In addition to the off-street parking spaces required in this chapter for the single-family detached dwelling, a personal services use shall provide one off-street parking space for each 200 square feet of total floor area used for the home occupation. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
(3) 
Instructional services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study.
(a) 
An instructional services home occupation shall be permitted when authorized by the Zoning Hearing Board as a special exception.
(b) 
A minimum lot area of one acre shall be required for an instructional services home occupation.
(c) 
Instructional services involving a maximum of four students at a time are permitted. In the case of musical instructions, no more than two students at a time shall be permitted.
(d) 
No persons shall be employed other than resident members of the immediate family.
(e) 
In addition to the off-street parking spaces required in this chapter for the single-family detached dwelling, an instructional service shall provide one off-street parking space per two students being instructed at any one time. A maximum of four off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
(4) 
Family day care. A family day-care use is a facility in which care is provided for four to six children at any one time, who are not relatives of the caregiver, where the child-care areas are being used as a family residence.
(a) 
A family day-care use shall be permitted when authorized by the Zoning Hearing Board as a special exception.
(b) 
Prior to the final approval of the use by the Zoning Hearing Board and the issuing of a permit by the Zoning Officer, the applicant must obtain a registration certificate from the Department of Public Welfare, Office of Child Development and Early Learning.
(c) 
This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
(d) 
A minimum outdoor play area of 200 square feet of contiguous area shall be provided for each child. This area shall not include any impervious surface or parking areas.
(e) 
If a family day-care use is located adjacent to a nonresidential use, a parking lot or on a street classified as an arterial or collector road, the outdoor play area must be enclosed by a four-foot-high fence which is deemed appropriate by the Township.
(f) 
No more than one person other than resident members of the immediate family may be employed.
(g) 
Parking standards. In addition to the off-street parking required for a single-family home, at least one additional off-street parking space is required for each employee, plus one space for the loading/unloading of children.
(5) 
Group day-care home. A group day-care home is a facility in which care is provided for more than six but no more than 11 children, who are not relatives of the caregiver, where the child-care areas are being used as a family residence.
(a) 
A group day-care home shall be permitted when authorized by the Zoning Hearing Board as a special exception.
(b) 
A minimum lot area of one acre shall be required for a group day-care home.
(c) 
All standards noted above for family day care shall be met.
(d) 
The regulations of the Pennsylvania Department of Welfare and all statutes and ordinances of the Commonwealth of Pennsylvania and the Township shall be met.
(e) 
Prior to final approval of the use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Office of Child Development and Early Learning. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services Manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code.
(6) 
Repair services. A repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines and other goods, but not including automobile, truck and motorcycle repairs.
(a) 
A repair shop shall be permitted when authorized by the Zoning Hearing Board as a special exception.
(b) 
A minimum lot area of one acre shall be required for a repair shop.
(c) 
No additional people other than resident members of the immediate family may be employed.
(d) 
In addition to the off-street parking spaces required in this chapter for the single-family detached dwelling, this accessory use shall provide one off-street space per 200 square feet of total floor area used for the home occupation.
(7) 
Home crafts.
(a) 
Home crafts are business activities whereby the commodity for sale is completely manufactured but shall not be sold on the site by the resident craftsman.
(b) 
Home crafts may include, but are not limited to, the following: artists, sculptors, dressmaking, seamstresses and tailors, and include such activities as model making, rug weaving, lapidary work and furniture making.
[1] 
No more than one person other than resident members of the immediate family may be employed.
[2] 
In addition to the off-street parking spaces required in this chapter for the single-family detached dwelling, a home crafts business shall provide one off-street parking space for each employee and one off-street parking space for each business vehicle. A maximum of four off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
(8) 
Trades. The use of a residence as a base of operation for the business. Trades for this home occupation include, but are not limited to: electrician, plumber, carpenter, mason, painter, roofer and similar occupations.
(a) 
The area of the office and indoor storage for materials and equipment (excluding vehicles) shall not exceed the limitations of Subsection A(2) above.
(b) 
No manufacturing, processing or sales shall be conducted on the property.
(c) 
In addition to the off-street parking spaces required in this chapter for the single-family detached dwelling, a trades business shall provide one off-street space for each employee and one off-street parking space for each business vehicle. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
Outdoor storage and display necessary but incidental to the normal operation of a primary nonresidential use shall be permitted, subject to the following additional provisions:
A. 
These requirements shall not apply to nonresidential uses for which storage and display is the primary use of the land, such as motor vehicle sales establishments and nurseries.
B. 
Outside storage and display areas for lumberyards, lawn and garden centers, truck terminals, flower shops, and agricultural retail uses may occupy an area of up to 10% of the existing building coverage.
C. 
Other primary nonresidential uses shall be permitted outside storage and display areas when authorized by the Zoning Hearing Board as a special exception, subject to the limitations of Subsection B above.
D. 
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no parking areas, and no part of the front yard shall be occupied by outside storage or display.
E. 
Outside storage areas shall be shielded from view from public streets.
The temporary display and sale of goods, including personal vehicles titled to the legal owners of the property, and craft items on a residentially used property shall be permitted, subject to the following requirements:
A. 
Except for the sale of personal vehicles, such temporary uses shall be limited to occurrences of not more than three days. Such occurrences shall be limited to not more than two occurrences in a calendar year. There shall be at least a six-month-period between such occurrences.
B. 
No goods or craft items shall be displayed within the right-of-way of roads.
C. 
Vehicles offered for sale shall be displayed in a garage, driveway or the cartway of a street only. No more than five vehicles shall be offered for sale in any one calendar year in accordance with state law.
D. 
Signs advertising garage or yard sales shall meet the requirements of Article XXVIII.
E. 
No zoning permit shall be required for this use, provided the requirements of this section shall be met.
[Amended 5-25-1993 by Ord. No. 93-07]
A temporary activity, including, but not limited to, flea markets, public exhibitions, auctions, carnivals, circuses, air shows, tent meetings and similar events, shall be permitted, subject to the following provisions:
A. 
Such temporary uses shall be limited to occurrences of not more than seven days. Such occurrences shall be limited to not more than four occurrences in a calendar year. There shall be at least a thirty-day-period between such occurrences.
B. 
Signs advertising a temporary community event shall meet the requirements of Article XXVIII of this chapter.
C. 
The applicant shall provide the Zoning Officer with plans indicating the expected number of participants, proposed parking facilities, emergency access, road access, sanitary facilities, refuse collection, lighting facilities, noise control and cleanup after the event.
D. 
Health licenses from the Bucks County Department of Health shall be obtained, if applicable.
E. 
All other applicable ordinances of the Township shall be met, including Ordinance No. 87-12 (Chapter 141, Article II).[1]
[1]
Editor's Note: See Ch. 141, Amusements, Art. II, Traveling Shows, Circuses and Carnivals.
F. 
Block parties are exempt from the requirements of this section.
G. 
In addition to the above regulations, the following shall be complied with for carnivals and circuses only:
(1) 
Carnivals and circuses shall be permitted by conditional use only in the GB General Business and OC Office Campus Districts.
(2) 
The minimum lot area must be sufficient to accommodate the required yards (setbacks), parking and other selected activities. A minimum lot size of 10 acres is required. However, if approved by the Board of Supervisors, smaller attractions may be permitted on smaller lot sizes, but in no case shall lots be less than two acres. This required area must be contiguous, vacant land without permanent buildings. The carnival or circus use may be accessory to a permitted use, provided that the minimum lot size is met in addition to the required lot area for the principal use.
(3) 
The location of temporary structures (such as tents, booths, mechanical rides or amusements) shall meet the following setbacks.
(a) 
Public street line: 100 feet.
(b) 
Other property lines: 75 feet.
(c) 
Internal street line: 50 feet.
(d) 
Along any adjacent property line zoned for or in residential or agricultural use, a one-hundred-fifty-foot setback shall be provided.
(4) 
Parking.
(a) 
Off-street parking shall be provided with at least one off-street parking space for every three persons projected to attend the carnival or circus.
(b) 
To determine the adequacy of the above parking provision, the applicant shall provide the Board of Supervisors with plans indicating the number of expected participants, number and location of proposed parking spaces, the circulation pattern and emergency access. The Board shall determine whether the parking is sufficient.
(5) 
Hours of operation shall be as follows:
(a) 
Monday through Thursday: 10:00 a.m. to 10:00 p.m.
(b) 
Friday and Saturday: 10:00 a.m. to 11:00 p.m.
(c) 
Sunday: 1:00 p.m. to 8:00 p.m.
(6) 
The Township may impose any other conditions reasonable to protect the health, safety, welfare and property of the attendants or citizens of Middletown Township.
(7) 
Permits required. A two-step permit procedure is required prior to the operation of a carnival or circus open to the general public.
(a) 
After conditional use approval is granted by the Board of Supervisors, a zoning permit shall be obtained for the initial set up of the carnival or circus. The applicant shall provide the Zoning Officer with plans indicating compliance with Subsections A through G above and any other conditions imposed by the Board of Supervisors.
(b) 
A second permit, for occupancy, shall be obtained from the Zoning Officer prior to the actual operation of the carnival or circus open to the general public. The Zoning Officer/Building Inspector shall inspect the facilities to ensure compliance with the plans and any conditions attached by the Board of Supervisors prior to issuing an occupancy permit for operation.
[Added 3-23-1999 by Ord. No. 99-03]
Structures for utilization of persons waiting for a bus shall be permitted, subject to the following requirements:
A. 
Consummation of an agreement with Middletown Township setting forth the respective responsibilities and duties of the bus shelter provider and Middletown Township. Said agreement shall contain a list of approved bus shelter sites and may be amended from time to time by the bus shelter provider and Middletown Township so as to delete certain bus shelter locations or increase the number of bus shelter locations throughout the Township.
B. 
An approved bus shelter provider shall coordinate the location of all bus shelters with the Southeastern Pennsylvania Transportation Authority (SEPTA) and the Pennsylvania Department of Transportation (PennDOT). Applicable PennDOT permits and/or authorizations shall be supplied to the Township prior to installation of any bus shelter.
C. 
Prior to installation of any bus shelter, the property owner(s) of the proposed site shall be notified by the bus shelter provider of the proposed bus shelter. The bus shelter provider shall also be required to obtain the written permission and/or consent of the property owner(s) of the proposed site and provide written notification to all adjacent property owner(s) within 150 feet of the proposed site. Said written permission and/or consent forms from each property owner shall be provided to the Township prior to the installation of any bus shelter.
D. 
All applications for installation of bus shelters in accordance with this section shall include renderings and schematics of the proposed bus shelter, including such structural details as shall be required to demonstrate compliance with the requirements of this chapter and all other ordinances of Middletown Township and all state and federal statutes, including, but not limited to, the construction codes which have been adopted by Middletown Township. No fees shall be charged for any applicable Township permits which are required prior to the installation of a bus shelter within Middletown Township.
E. 
All bus shelters erected pursuant to this section shall be permitted to include a two-faced sign on one side wall only. Signs erected in accordance with this section may not exceed 24 square feet per side for a total of 48 square feet. Signs erected in accordance with this section may be illuminated in accordance with the regulations set forth in Article XXVIII of this chapter of the Code of the Township of Middletown. All signs erected in accordance with this section shall comply in full with the regulations set forth in Article XXVIII, except with respect to location.
F. 
All bus shelters shall be suitable in design for the community where such shelter shall be installed. Bus shelters shall be designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the community as determined by Middletown Township.
G. 
Bus shelters shall be adequately lighted in such a manner as to provide visibility during darkness for patrons of the public transportation system. All artificial lighting used to illuminate any bus shelter shall be so designed that no direct rays shall fall upon any neighboring property or street. A minimum level of one footcandle light shall be maintained.
H. 
All bus shelters shall not interfere with the clear sight distances at intersections of roads as required by the zoning ordinances of Middletown Township or as may be required by PennDOT or other governmental entities having jurisdiction over such matters.
I. 
All bus shelters shall be located at least three feet from any paved cartway and/or curb edge.
J. 
All bus shelters constructed on public sidewalks shall be located so that no less than a five-foot unobstructed walkway remains, either in front or behind the bus shelter.
K. 
No bus shelter shall exceed a maximum floor area of 64 square feet, unless prior written permission is received from the Township to exceed a floor area of 64 square feet.
L. 
Installation of bus shelters pursuant to this section shall be exempt from all setback requirements found in this chapter and may be installed within the public rights-of-way, provided all of the requirements of this section are satisfied.