Except as may otherwise be provided by law or
this chapter, in each district no building, structure or land shall
be used or occupied except for the purposes permitted in the Table
of Uses[1], and for the zoning districts so indicated in Article VII through Article XV. On any property, parcel or tract of land, only one principle use shall be permitted.
[1]
Editor's Note: The Table of Uses is included
at the end of this chapter.
B.
Conditional uses. A use listed in Article VII through XV may be permitted as a conditional use with the applicable district, provided that the Board of Township Supervisors grant the conditional use subject to the expressed standards set forth in § 215-12 and Article XVI, and such further conditions that the Board of Supervisors may impose to insure the protection of adjacent uses, or the health, safety or general welfare of township residents.
[Amended 8-12-2003 by Ord. No. 299]
Permitted uses or conditional use shall be subject,
in addition to use regulations, to such regulations of yard, lot size,
lot width, building area, easements and other matters as established
by this chapter.
In any district established by § 215-12, when a specific use is neither permitted nor denied, the Zoning Hearing Board shall make a determination as to the similarity or compatibility of the use in question to the permitted uses in the district. No zoning permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made.
A.
Agricultural uses.
(1)
The land use categories within this section are all
subject to the following standards:
(a)
Buildings in which animals or poultry are kept
shall not hereafter be erected within 50 feet of any lot line.
(b)
Storage of manure or odor or dust-producing
substances shall not be permitted within 100 feet of any lot line.
(c)
The use of untreated human sewage as fertilizer
is prohibited.
(d)
The use shall not be detrimental to natural
features.
(6)
Stable (private or public).
(a)
Minimum lot area: 40,000 square feet for one
animal; 20,000 square feet for each additional animal.
(b)
The maximum number of animals shall not exceed
three on lots of two acres or less.
(c)
The maximum number of animals on lots greater
than two acres but less than 10 acres shall be submitted for review
and action by the Board of Supervisors.
(d)
Plans clearly showing the location and type
of buildings, fences and yards as well as the type and spacing of
plants shall be submitted for review of the Planning Commission and
approval of the Board of Supervisors.
B.
Residential uses.
(1)
Townhouse. Townhouse uses shall be subject to the
following regulations and standards:
(2)
Garden apartments shall be subject to the following
standards:
(a)
Table of dimensional requirements:
|
Bedrooms
|
Habitable
Square Feet per Dwelling Unit
|
Lot Area
per Dwelling Unit
|
Parking Spaces per Dwelling Unit
| |
|---|---|---|---|---|
|
0
|
300
|
750
|
1.00
| |
|
1
|
500
|
1250
|
2.00
| |
|
2
|
650
|
1450
|
2.00
| |
|
3
|
850
|
1700
|
2.00
| |
|
4
|
1100
|
2200
|
3.00
|
(c)
All yard areas shall be maintained in lawns
and planting.
(3)
High-rise apartments shall be subject to the following
standards.
(4)
Mobile home parks. All mobile home parks shall be installed per Chapter 142, Mobile Homes and Mobile Home Parks.
(5)
Planned residential development. Such developments
shall be in compliance with the following requirements:
(a)
The developer shall submit for review by the
Planning Commission a plan showing:
(b)
Density.
[1]
Maximum density for one-family structures shall
not exceed six dwelling units per net residential acre. Net residential
acreage shall not include areas for recreation, parking and circulation,
service and slope and stream protection.
[2]
Maximum density for structures designed for
two families (including twins and duplexes) shall not exceed eight
dwelling units per net residential acre.
[4]
Maximum density for high-rise apartment structures
shall not exceed 75 dwelling units per net residential acre. Structures
shall not exceed the maximum height of Fire Department vehicle access.
(c)
Overall maximum density: The gross density for
the total acreage within the planned development program of a specific
developer shall not exceed 20 dwelling units per gross acre.
(d)
Setbacks: All structures shall be set back from
public right-of-way lines not less than 30 feet and from all adjacent
property lines not less than 50 feet.
(e)
Interior yards: Interior yards and/or structural
spacing shall be provided in accordance with the following schedule:
|
(See Note)
|
1 DU Per Structure
(feet)
|
2 DU's Per Structure
(feet)
|
3-12 DU's Per Structure
(feet)
|
13-18 DU's Per Structure
(feet)
|
Over 18 DU's Per Structure
(feet)
| |
|---|---|---|---|---|---|---|
|
F to F
|
110
|
110
|
110
|
110
|
110
| |
|
F to S
|
50
|
50
|
50
|
55
|
60
| |
|
F to R
|
100
|
100
|
100
|
110
|
110
| |
|
S to R
|
30
|
30
|
30
|
35
|
40
| |
|
S to S
|
15
|
30
|
30
|
35
|
40
| |
|
R to R
|
100
|
100
|
100
|
100
|
100
| |
|
NOTE: F = Front; S = Side; R = Rear
| ||||||
(f)
Lawns and planting: The exterior yard shall
be maintained with lawns and planting.
(g)
Recreation/open space areas: Usable open space
suitable for use as play areas for children or as outdoor living space
for families shall be provided in amounts not less than 500 square
feet per dwelling unit for single-family and two-family dwellings
and 300 square feet per dwelling unit for multifamily units. In addition
to this play area or outdoor living space, public open space amounting
to at least 10% of the gross land area of the tract shall be reserved
for use as buffers and landscaped areas, wooded areas or other forms
of open space, designed to enhance the attractiveness and livability
of the development.
(h)
General regulations: Any development plan shall
comply with the parking, loading and unloading, highway access, stream
protection and any other applicable general regulations of the township.
(i)
Utilities: A development shall be served by
a public sewerage system and treatment facility and a public water
supply. All plans shall be subject to review and approval by the township
and the Pennsylvania Department of Environmental Resources.
(6)
Apartment, conversions shall be subject to the following
standards:
(a)
The lot areas shall be not less than as required for garden apartments, as provided in Subsection B(3), in the A-O Apartment Office District.
(b)
The maximum number of dwelling units after conversion
is limited to four.
(c)
Each dwelling unit, after conversion, shall
contain within the unit complete kitchen, toilet and bathing facilities.
(d)
Fire escapes, where required, shall not be located
on any wall facing a street.
(7)
Group dwelling. A permit for a group dwelling may
be granted by the governing body after appropriate consideration of
relevant factors, including but not limited to the following:
(8)
Apartment(s). A permit for an apartment or apartments
may be granted by the governing body after appropriate consideration
of relevant factors, including but not limited to the following:
[Added 8-12-2003 by Ord. No. 299]
(a)
Table of Dimensional Requirements:
|
Bedrooms
|
Habitable Square Feet
(per dwelling unit)
|
Parking Spaces
(per dwelling unit)
|
|
0
|
300
|
1
|
|
1
|
500
|
2
|
|
2
|
650
|
2
|
|
3
|
850
|
2
|
|
4
|
1,100
|
3
|
(b)
Area and dimensional requirements:
[1]
Maximum building coverage: 50%.
[2]
Minimum yard requirements:
[a]
Front yard depth: 30 feet.
[b]
Side yard depth, each: 10 feet.
The side yard may be reduced to any lesser amount if approved by
the governing body after review by the Township Planning Commission.
[c]
Rear yard depth: 10 feet.
[d]
Building height limit: 35 feet.
[e]
Minimum lot width: none.
[f]
Minimum lot area: none.
[3]
Vegetative cover or tree planting. No less than
10% of the lot area shall be covered with vegetative matter.
C.
Institutional and recreation uses.
(1)
Recreation facilities (private) shall be subject to
the following:
(2)
Nursing or convalescent homes shall be subject to
the following:
(a)
No building or structure shall be located within
50 feet of a property line.
(b)
The fifty-foot yard shall be maintained in lawn
and planting except where crossed by access drives not more than 35
feet in width. The angle of the road crossing the lot line and yard
shall be as close to 90º as possible.
(c)
Screen planting shall be provided when a building
is constructed within 100 feet of a property line of a parcel of land
that has an existing residential use on it, unless waved by the governing
body.
(3)
Rehabilitation homes shall be subject to the following:
(a)
No building or structure shall be located within
50 feet of a property line.
(b)
The fifty-foot yard shall be maintained in lawn
and planting except where crossed by access drives not more than 35
feet in width. The angle of the road crossing the lot line and yard
shall be as close to 90º as possible.
(c)
Screen planting shall be provided when a building
is constructed within 100 feet of a property line of a parcel of land
that has an existing residential use on it, unless waved by the governing
body.
(4)
Prison.
[Added 8-27-2013 by Ord. No. 356]
(b)
A site plan or land development plan shall be accurately prepared
for the proposed use. The site plan or land development plan shall
show the location and the dimensions of the prison, off-street parking
areas, private entrances, walkways, fencing and landscaping.
(c)
Minimum lot area: 10 acres.
(d)
Minimum lot width: 200 feet.
(e)
Maximum building height: 45 feet.
(f)
Maximum lot coverage: 35%.
(g)
Minimum front yard setback: 200 feet.
(h)
Minimum side yard setback: 200 feet.
(i)
Minimum rear yard setback: 200 feet.
(j)
Setback from sensitive existing land uses: A maximum setback
of 1,500 feet, measured from any proposed use site property line,
from an existing sensitive uses property line such as any school,
licensed day-care, place of worship and/or any other use as may be
determined by the Board of Supervisors shall be maintained.
(k)
Utilities: Both public sanitary sewerage and public water service
shall be utilized.
(l)
Service roads, access drives, driveways, security perimeter
roadways, off-street parking areas, walkways, sidewalks: All shall
be paved using portland-style cement concrete or flexible asphalt
concrete unless otherwise approved by the Board of Supervisors.
(m)
Buffer yard: A minimum fifty-foot-wide perimeter buffer yard
shall be provided and landscaped as required by the Board of Supervisors
as part of the conditional use approval.
(n)
Lighting: shall be required and maintained as approved by the
Board of Supervisors as part of the conditional use approval.
(o)
Minimum required off street parking: one space per 1,000 square
feet of gross floor area for administrative office and service areas,
and one space for every 16 inmate beds. (Additional off-street requirements
may be applied as part of the conditional use approval, based upon
the specific needs of the proposed prison operation. All off-street
parking computations shall be reviewed by the Township Engineer subject
to the approval of the Board of Supervisors.)
(p)
The applicant shall prove to the satisfaction of the Board of
Supervisors that the proposed use will not significantly negatively
impact any adjacently bordering residential, commercial or industrial
use.
(q)
The applicant shall prove to the satisfaction of the Board of
Supervisors that the proposed use will involve adequate supervision
and security measures to protect public health and safety. Among other
things, documentation of county, state and/or federal approval for
the proposed use shall be submitted.
(r)
Emergency action plan: Such plan shall be submitted for review
and approval by the appropriate Township officials prior to any conditional
use approval by the Board of Supervisors.
(s)
Prior to any approval, at the cost and expense of the applicant
pursuant to the Pennsylvania Municipalities Planning Code, as amended,
the Board of Supervisors shall secure an expert review of the proposed
use as it relates to the conditions found in this section and any
other relevant Zoning Ordinance requirements concerning the proposed
prison use.
D.
Retail and consumer uses.
(1)
Hotel/motels shall be subject to the following:
(a)
Fifty percent or more of the gross floor area
is devoted to sleeping room use.
(b)
Business may be conducted when accessory and
incidental.
(c)
There may be club rooms, ballrooms and common
dining facilities.
(d)
Such hotel services as mail, telephone and postal
services may be provided.
(e)
No building, structure or parts thereof shall
be placed closer to any lot line than 30 feet.
(2)
Service stations/car wash facilities shall be subject
to the following:
(a)
Driveways shall be located as provided in § 215-45, Design of parking and loading areas and access drives.
(b)
All driveways and service areas shall be paved
with a surfacing material as approved by the township.
(c)
Gasoline pump islands shall be set back not
less than 12 feet from any street right-of-way line and not less than
15 feet from any lot line other than a street right-of-way line and
so located that vehicles stopped for service will not extend over
the property line.
(d)
Pump island canopy. A canopy open on not less
than three sides may be constructed over the pump island. The edge
of the canopy shall be setback not less than 12 feet from any public
street right-of-way line.
(3)
Guest house. In determining when to permit a guest
house as a conditional use, the governing body shall consider the
following:
(a)
Whether the planned development provides for
adequate parking for all intended guests and employees.
(b)
Whether the planned development provides for
adequate setbacks and screen planting to minimize the impact on the
surrounding neighborhood.
(c)
Whether the planned development provides plans
to minimize noise, lighting glare, increased traffic and similar impact
upon the surrounding neighborhood.
(d)
Whether the planned development is appropriate
for the neighborhood within which it is proposed.
(e)
Whether the planned development will adversely
impact upon the property value of the surrounding neighborhood.
(f)
Whether the planned development is an appropriate
use of the parcel upon which the development is planned.
(4)
Retail delivery businesses shall be subject to the
following regulations:
[Added 12-29-2004 by Ord. No. 309]
(a)
One parking stall shall be provided for each
delivery vehicle used, stored or parked on the site. Said stalls
shall be screened from the public street by enclosing, placement of
a six-foot-high evergreen planting, six-foot-high solid fence or other
method acceptable to the Township Supervisors. There shall be no
more than two delivery vehicles stored or parked on the premises.
(b)
One parking stall shall be provided for each
employee, based on a maximum shift load.
(c)
One parking stall shall be provided for each
50 square feet of customer retail area or three parking stalls, whichever
is greater.
(d)
Above parking shall be in addition to any parking
stalls required by ADA and residential uses on the site.
(e)
All parking stalls and driveways shall be paved
regardless of the number of parking stalls required.
(f)
Deliveries to the business site shall be limited
to no more than five deliveries a day. All deliveries shall be between
the hours of 8:00 a.m. and 6:00 p.m. Monday through Saturday. No deliveries
to the site shall be allowed on Sundays. No deliveries shall be made
to the site by tractor and trailer vehicles without prior approval
of the Board of Supervisors.
(g)
The business shall be limited to the use and
storage of no more than two delivery vehicles, which shall be owned
by the business or owners of the business. These delivery vehicles
shall be trucks or vans having no more than one rear axle and no more
than one tire per side upon the rear axle.
(h)
The business shall be operated only between
the hours of 8:00 a.m. and 6:00 p.m. Monday through Saturday.
(i)
All rubbish, debris or garbage created by the
business shall be kept in a covered disposal container.
(j)
No burning of any kind shall be allowed on the
site.
(5)
Sexually oriented businesses.
[Added 12-18-2007 by Ord. No. 321]
(a)
Purpose. It is the purpose and intent of this Subsection D(5) to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of the Township, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the Township. The provisions of this Subsection D(5) have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Subsection D(5) to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.
(b)
Findings and rationale. Based on evidence of
the adverse secondary effects of adult uses presented in hearings
and in reports made available to the Board of Supervisors, and on
findings, interpretations, and narrowing constructions incorporated
in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C. , 124
S.Ct. 2219 (June 7, 2004); City of Los Angeles v. Alameda Books, Inc.,
535 U.S. 425 (2002); Pap’s A.M. v. City of Erie, 529 U.S. 277
(2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986),
Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen
Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S.
109 (1972); World Wide Video of Washington, Inc. v. City of Spokane,
368 F.3d 1186 (9th Cir. 2004); Ben’s Var, Inc. v. Village of
Somerset, 316 F.3d 702 (7th Cir. 2003); 181 South, Inc. v. Fischer,
454 F.3d 228 (3rd Cir. 2006); United States v. Antico, 275 F.3d 245
(3d Cir. 2001); Phillips v. Borough of Keyport, 107 F.3d 164 (3d Cir.
1997); Mitchell v. Comm’n on Adult Entertainment Establishments,
10 F.3d 123 (3d Cir. 1993); Ben Rich Trading Co., v. City of Vineland,
126 F.3d 155 (3d Cir. 1997); and based upon reports concerning secondary
effects occurring in and around sexually oriented businesses, including,
but not limited to, Austin, Texas - 1986; Indianapolis, Indiana -
1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997;
Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003;
Minneapolis, Minnesota - 1980; Los Angeles, California - 1977; Whittier,
California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota
- 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986;
Dallas, Texas - 1997, 2004; Greensboro, North Carolina - 2003; Amarillo,
Texas - 1977;; New York, New York Times Square - 1994; and the Report
of the Attorney General’s Working Group On The Regulation Of
Sexually Oriented Businesses, (June 6, 1989, State of Minnesota),
the Board of Supervisors finds:
[1]
Sexually oriented businesses, as a category
of commercial uses, are associated with a wide variety of adverse
secondary effects including, but not limited to, personal and property
crimes, prostitution, potential spread of disease, lewdness, public
indecency, obscenity, illicit drug use and drug trafficking, negative
impacts on surrounding properties, urban blight, litter, and sexual
assault and exploitation.
[2]
Sexually oriented businesses should be separated
from sensitive land uses to minimize the impact of their secondary
effects upon such uses, and should be separated from other sexually
oriented businesses, to minimize the secondary effects associated
with such uses and to prevent an unnecessary concentration of sexually
oriented businesses in one area.
[3]
Each of the following negative secondary effects constitutes a harm which the Township has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the Township’s rationale for this Subsection D(5), exists independent of any comparative analysis between sexually oriented and nonsexually oriented businesses. Additionally, the Township’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the Township. The Township finds that the cases and documentation relied on in this article are reasonably believed to be relevant to said secondary effects.
(c)
Sexually oriented business: For the purposes of this Subsection D(5), sexually oriented businesses shall include, but are not limited to, adult bookstore or adult video store, adult cabaret, adult arcade, adult motel, adult motion picture theater, adult drive-in picture theater, adult mini-motion-picture theaters, adult walk-in picture theater, a sexual device shop or sexual encounter center.
(d)
In order to protect the public health, safety,
morals and general welfare of the township, sexually oriented businesses
shall not be located within:
[1]
Four hundred feet of any dwelling, duplex, apartment
building, motel, hotel, church, school, theater, park, playground,
or other areas where minors congregate (Note: A bikeway shall not
be considered an area where minors congregate); nor within
[2]
Four hundred feet of any establishment licensed
by the Pennsylvania Liquor Control Board to dispense alcoholic beverages.
(e)
For the purposes of Subsection D(5)(d) above, spacing distances shall be measured from the closest exterior wall of the sexually oriented business to the closest exterior wall of the nearest building listed in Subsection D(5)(d)[1] and [2].
(f)
Advertisements, displays, or other promotional
materials for sexually oriented businesses shall not be shown or exhibited
to be visible to the public from any street, sidewalk or other public
place.
(g)
All building openings, entries, exits or windows
for sexually oriented business establishments shall be located, covered
or screened in such a manner to prevent a view into the interior from
any street, sidewalk or other public place. In the case of any adult
drive-in or motion picture theater, viewing screens shall be situated
to prevent observation from any street, sidewalk or other public area
of any nearby pre-existing residential area.
E.
Utilities and vital services.
(1)
Public utility facility. Transformer station, pumping
station, relay station, tower (transmission or relay) substation,
switching center, sewage treatment plant and any similar or related
installation, not including public incinerators and public or private
landfills. Buildings or structures erected for these utilities shall
be subject to the following:
(a)
Front, side and rear yards shall be provided
in accordance with the regulations of the district in which the facility
is located.
(b)
Height shall conform to the district regulations.
(c)
Unhoused equipment shall be enclosed with a
chain link fence six feet high.
(d)
Housed equipment. When the equipment is totally
enclosed within a building no fence shall be required unless a potential
hazard is deemed to exist by the township.
(e)
Screen planting shall be required and the yard
shall be maintained in conformity with the district in which the facility
is located.
(f)
The external design of the building shall be
compatible with the buildings in the district.
(g)
In residential districts, the permitted public
facility shall not include the storage of vehicles or equipment used
in maintenance of any utility. No equipment causing noise, vibration,
smoke, odor or hazardous effect shall be installed.
(2)
Gas and oil operations are to be developed as follows:
[Added 9-27-2011 by Ord. No. 343]
(a)
Compressor stations, processing plants and metering stations
are subject to the following:
[1]
Setbacks. All buildings, equipment or structures, other than
fencing, shall have the following setbacks:
[a]
Three hundred feet from any road maintained by
the municipality, the county or the State Highway Department (public
road).
[b]
Three hundred feet from the property line of any
neighboring property owner unless the owner of said land will grant
a lesser setback.
[c]
One thousand feet from any residential dwelling
building, except that of the owner of the land where the facility
will be constructed.
[Amended 3-11-2014 by Ord. No. 362]
[d]
One thousand feet from any school building, hospital
building, nursing home building, park, playground or church building.
[2]
Height. The height of any structure or equipment shall not exceed
the maximum height limit of the zoning district in which it is located,
with the exception of temporary structures or equipment.
[Amended 3-11-2014 by Ord. No. 362]
[3]
Fencing. All facilities shall be protected by a continuous chain-link
fence at least eight feet in height with locking gates.
[4]
Screening. A screening of vegetative matter must be maintained
around the perimeter of the fenced area. The plant materials used
must be a minimum of six feet in height at the time of planting and
must grow to a height of at least eight feet and produce an effective
minimum screening percentage of 50% by the end of the third growing
season. This screening must be maintained at all times.
[5]
Noise. At no point beyond the boundary of the lot lines of any
facility shall the exterior noise level resulting from any use or
activity located on such lot exceed a maximum of 55 dBA during daytime
hours and 50 dBA during nighttime hours. All compressors must be contained
within a building with doors.
[6]
Coloring. All buildings, exposed piping, unhoused equipment
and structures shall be painted with nonreflective tones. Colors shall
be approved by the Loyalsock Township Board of Supervisors.
[7]
Lighting. All lights located on any site shall be shielded,
designed and directed in such a manner so that they do not shine directly
onto any public road or adjacent dwellings.
[8]
Tanks. All tanks shall be no higher than 35 feet in height,
unless approved to be higher by the Loyalsock Township Board of Supervisors.
(b)
Oil and gas staging facilities shall be subject to the following:
[1]
Fencing. All facilities shall be protected by a continuous chain-link
fence at least eight feet in height. Said fencing must be a minimum
of 20 feet from the edge of any public road.
[2]
Driveways to access site. All driveways shall be paved for a distance of at least 50 feet from the center line of the public street from which the site is accessed. Said driveways shall be located as required by Article VI, Off Street Parking.
[3]
Parking. Areas used to store equipment and parking for staff
and visitors must be covered with stone and kept at all times in a
dust- and mud-free condition. The required number of parking stalls
shall be determined by the use of each building on the site.
(c)
Water storage facilities shall be subject to the following:
[1]
Any pumps, underground fuel storage tanks and islands, including
any canopies, shall be at least 30 feet from any street or lot line.
All impoundments, whether intended to contain fresh water only or
any other liquid, shall be subject to the Pennsylvania Dam Safety
Act[1] and all pertinent federal and state regulations.
[1]
Editor's Note: See 32 P.S. § 693.1 et seq.
[2]
Entrances and exits to streets shall be a minimum of 50 feet
from any intersection, as measured from the intersecting right-of-way
lines. All entrance driveways shall be paved with material approved
by the Loyalsock Township Board of Supervisors for a distance of 50
feet from the public street to prevent stone, soil and dust from being
deposited on the public street.
[3]
All aboveground chemical or fuel tanks (except propane tanks)
shall be located in a depressed area sized to hold all the tank volume
with a one-foot freeboard. Such depressions shall be lined with materials
that prevent the chemicals to be stored from soaking into the ground
and have a positive drainage to an area for pumping up any spill.
The application for a zoning permit and for land development plan
approval shall be accompanied by a list of all chemicals and their
quantities to be stored on site, and the MSDS sheets for each chemical
shall be provided to the Township.
[4]
Chain-linked, barbed-wire topped screening and/or fencing (guy
wires not included) is required for high-voltage transformers and
any other utility structures or equipment of potential hazard to residents
or passersby. Such enclosures shall be screened with hedges.
[5]
Area. The total area of the site shall not exceed 2 1/2
acres of land, not including the area of any access drive to the site.
[6]
Complete site restoration is required within one year following
the termination of production or on-site development in accordance
with PADEP regulations.
(d)
Oil and gas development shall be subject to the following:
[1]
Seismic testing does not require a zoning permit. Prior to any
seismic testing and survey work, effective communication and notice
shall be provided to the property owner, at least 30 days in advance,
including the approximate schedule for activity on that property.
Copies of said communications and notices shall be provided to the
Township upon request.
[2]
No well or drilling operation will be allowed within any floodway
identified in the Flood Insurance Study (FIS) prepared and approved
by the Federal Emergency Management Agency (FEMA).
[3]
Driveways to natural gas wells, oil wells or well pads shall
be subject to the following:
[a]
Vehicular access shall minimize danger to traffic
and nuisance to surrounding properties.
[b]
All driveways shall be constructed in accordance with § 215-45, Design of parking and loading areas and access drives, of this chapter. Separate permits will be required for the driveway or driveways.
[c]
All driveways shall be paved for a distance of
at least 50 feet from the center line of the public street from which
the site is accessed.
(e)
Gathering lines shall be subject to the following:
[1]
A zoning/development permit shall be obtained for the construction
of the pipelines that deliver the gas or oil from the well sites to
any interstate or intrastate transmission line or lines.
[3]
A highway occupancy permit shall be required for the crossing
of any state or municipal public road, whether by open cut or boring.
The Loyalsock Township Board of Supervisors retains the right to require
such crossing to be done by boring when it so deems necessary.
F.
Industrial uses. All industrial uses are subject to
the following performance standards. All uses of land, buildings and
structures or industrial processes shall be prohibited unless they
meet all applicable local, state and federal regulations pertaining
to environmental safeguards.
(1)
Extractive operations shall be subject to the following
regulations:
(a)
When deemed necessary by the Board of Supervisors
in the case of an open excavation, a safety device such as a wall,
fence, earth embankment or such other means as may be approved by
the Board shall be provided.
(b)
When the operation adjoins or abuts a residential zone, a screen planting may be required by the Board of Supervisors. The screen planting shall be in accordance with the requirements of § 215-17.
(c)
No top of slope or quarry wall shall be nearer
than 100 feet to any property line or street line.
(d)
A plan for reclamation of the site shall be
submitted for review. Such plan shall take into consideration the
following:
(2)
Junkyard. This use shall be subject to the following
conditions, as well as those deemed necessary by the Township Supervisors
to protect public health and safety:
(a)
Along all lot lines a five-foot-wide buffer strip, including a solid fence or an open fence with plant material shall be placed to create a visual barrier. This barrier shall be placed in accordance with § 215-17, Screen planting.
(b)
When adjacent to a Commercial (C) District boundary, a ten-foot-wide buffer shall be provided pursuant to the standards in §§ 215-16, Buffer yards, and 215-17, Screen planting.
(c)
The presence of a highway, street or other right-of-way
shall not lessen the need for buffer yards and screen planting for
visual protection.
(d)
The possession, handling and storage of materials
in this type of facility shall meet all local, state and federal regulations
pertaining to environmental safeguards.
G.
Accessory uses.
(1)
Home occupations and no-impact home-based businesses.
[Amended 3-27-2012 by Ord. No. 347]
(a)
Home occupations shall be subject to the following:
[1]
Permitted home occupations include, but are not necessarily
limited to, the following: architect, landscape architect, attorney,
clergyman, dentist, dressmaker, engineer, doctor, writer, realtor,
insurance agent, accountant and the instruction of not more than two
pupils at a time in the arts and music. The Loyalsock Township Board
of Supervisors shall have the right to determine if any other use
is an acceptable home occupation.
[Amended 9-24-2013 by Ord. No. 359]
[2]
The activity shall not utilize more than 25% of the habitable
floor area of the dwelling.
[3]
The exterior appearance of the structure or premises shall be
constructed and maintained as a residential dwelling.
[4]
No goods shall be publicly displayed other than a home occupation
sign.
[5]
The activity shall not interfere with or compromise neighboring
properties.
(b)
No-impact home-based businesses must satisfy the following requirements:
[1]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
[2]
The business shall employ no employees other than family members
residing in the dwelling where the business will be operated.
[3]
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
[4]
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
[5]
The business activity shall not use any equipment or process
which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
[6]
The business activity shall not generate any solid waste or
sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
[7]
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area of the
dwelling.
[8]
The business may not involve any illegal activity.
(2)
Residential accessory.
(a)
Residential accessory uses shall include, but
not be limited to:
[1]
A utility or storage shed.
[2]
Facilities for domestic servants or caretakers
employed on the premises.
[3]
A private swimming pool.
[4]
A detached garage or carport for the storage
of vehicles.
[Amended 3-27-2012 by Ord. No. 347]
[5]
A temporary structure used during construction
or other special activity.
(b)
Accessory structures, when built on conforming
lots, shall be subject to the setback requirements of the district
in which they are located except as follows:
[1]
Detached utility or storage sheds, detached
private garages and detached carports may be constructed 10 feet from
rear lot lines regardless of district setbacks.
[2]
Private swimming pools must be constructed in
the rear of the property at a minimum of 15 feet from side and rear
lot lines regardless of district setbacks.
(c)
Accessory structures, when built on nonconforming
lots, shall be subject to the following:
[1]
The structure or use may only be erected in
the rear yard area.
[2]
The structure or use must be located not less
than five feet from all lot lines, except a private swimming pool
which must be located not less than 15 feet from all lot lines.
[3]
The minimum distance between the main building
and the accessory building at any point shall be not less than 10
feet, except that where no windows are located in the opposite wall,
the minimum distance may be reduced to five feet.
[4]
A screened porch may be erected in the side
yard, provided that it shall not be less than five feet from the side
lot line. The screening shall be mesh wire or plastic cloth designed
to keep out insects but not the elements.
[5]
A carport may be erected within one of the side
yards and shall be located not less than two feet from all lot lines,
provided that it is attached to the main structure. Said carport must
be open on three sides.
(3)
Satellite antenna dishes shall be subject to the following:
(a)
Apparatus shall only be located in rear yard
areas unless the property owner can show the hardship of such a restriction.
(b)
Apparatus must be set back from all property
lines at least five feet.
(c)
Apparatus must be screened from public view
by surrounding vegetation to the greatest extent without interfering
with reception.
(d)
A maximum of one satellite antenna shall be
permitted on any lot.
(4)
Garage sales shall be subject to the following:
(a)
Duration. A garage or yard sale shall be limited
to a period of four consecutive days or two consecutive weekends.
No more than three sales per year are permitted at a single address.
Sales shall be restricted to daylight hours.
(b)
Location. Sales shall be confined to the residence,
a garage or carport and/or rear yard, and only in such areas. No public
rights-of way may be obstructed by the sale.
(c)
Signs. Erection of a sign for the identification
or advertisement of a garage or yard sale is permitted in any district,
provided that it does not exceed four square feet in surface area.
These signs may be displayed up to two weeks in advance of the sale.
Such signs must be removed within 48 hours of the completion of the
sale. No sign may be secured to a public utility pole by any hard
material.
(6)
Development commercial center.
(a)
The purpose and intent of the development commercial
center is to provide and require a unified and organized arrangement
of buildings, service and parking areas together with adequate circulation
and open space, all planned and designed, as an integrated unit, in
a manner so as to provide and constitute an efficient, safe, convenient
and attractive shopping area to serve the planned residential development
requirements and needs as well as those of adjacent areas.
(b)
(c)
The permitted uses designed to serve the neighborhood
or development may be constructed, provided that:
(d)
The area for commercial use shall not exceed
the following:
|
Total Area
(acres)
|
Area of Tract for Commercial Use
| |
|---|---|---|
|
25 to 75
|
10%
| |
|
75 to 150
|
8%
| |
|
150 to 250
|
7%
| |
|
250 and up
|
6%
|
(e)
The permitted commercial structures or uses
shall not be constructed in advance of the residential uses and shall
at no time exceed the percentage requirements set forth above.
(f)
The permissible lot coverage of commercial buildings
in the development commercial center areas shall not exceed 25%.
(g)
The required parking spaces shall be situated
on the same lot within not more than 200 feet of the dwelling units
to be serviced.
(h)
Buffer yards. Where a commercial area adjoins a residential area within the planned development or in adjacent land around the perimeter of the development, a buffer yard shall be required in addition to the above yard requirements. The buffer yard shall be of a dimension not less than the minimum side yard required for the residential use and shall be covered with ground cover and plantings as outlined in Article III, General Regulations.
(7)
Small wind energy system. All construction, reconstruction,
modification or installation of small wind energy facilities shall
be in accordance with the following controls.
[Added 2-24-2009 by Ord. No. 331]
(a)
Lot size. The minimum size shall be two acres.
(b)
Height. The maximum height of any tower, inclusive
of blade tip shall not exceed 120 feet.
(c)
Setbacks. All towers shall be set back from
all lot lines by a factor of 1.1 times the tower height.
(d)
Towers are prohibited from being located in
the front yard.
