The provisions of this article shall apply to all land uses,
developments, and structures in the Township, regardless of district,
and shall be considered to be additional conditions or standards to
any other provisions of this chapter. To the extent any provisions
contained in this article conflict with any other provision of this
chapter, the more stringent and restrictive provision shall apply.
[Amended 11-5-2014 by Ord. No. 2014-04]
Requirements relating to lot size, area, yard setback, height,
lot or building coverage, open space, etc., in each district, shall
be deemed to be the minimum necessary to meeting the requirements
of this chapter. No required lot area shall be reduced such that the
lot or any required minimum dimension are less than required by this
chapter, except as provided herein. Within the PFZ District, the required
minimum front, side and rear yard requirements shall not apply with
respect to contiguous properties under common ownership for those
yards that are contiguous.
In accordance with Article VI, Section 619, of the Act of July 31, 1968 (P.L. 247),[1] this chapter shall not apply to any existing or proposed
building, or extension thereof, or to any land, used or to be used,
by a public utility corporation or public utility authority, if upon
petition of the corporation or authority, the Pennsylvania Public
Utility Commission shall, after public hearing, decide that the present
or proposed situation or use of the building or land in question is
reasonably necessary for the convenience or welfare of the public.
Minimum lot area regulations of this chapter shall not apply to electric
substations, pumping stations, and other facilities of an authorized
public utility; provided, however, that all required yard and maximum
height regulations shall apply except for necessary towers, poles,
and lighting arrestors.
[1]
Editor's Note: See 53 P.S. § 10619.
A.
Where an unimproved lot is situated between two improved lots having
on each a principal building within 25 feet of the side boundary line
of such unimproved lot, which extends into the required front yard
of each such improved lot and has been so maintained prior to the
effective date of this chapter, the front yard depth of such unimproved
lot may be the average depth of the front yards of such two adjacent
improved lots, notwithstanding the yard requirements of the district
in which it is located.
B.
Where an unimproved lot adjoins only one improved lot having a principal
building thereon within 25 feet of the common side lot line which
extends into the required front yard of such improved lot and has
been so maintained prior to the effective date of this chapter, the
front yard depth of such unimproved lot may be the average depth of
the front yard of such adjacent improved lot, and the front yard required
in the district in which such unimproved lot is located, notwithstanding
the yard requirements of such district.
[Amended 10-2-2019 by Ord. No. 2019-06]
No building or structure and no part of a building or structure
shall be erected within or shall project into any required yard in
any district except as provided for as an accessory use structure
in specified instances herein and provided that unenclosed ground
level porches, terraces or patios, platforms or other unenclosed landing
places, buttresses, chimneys, cornices, eaves, gutters, piers or pilasters,
unenclosed fire escapes, steps, bay windows and balconies may project
into any required yard.
On any corner lot, no wall, plant, fence or other structure, shall be maintained which may cause danger to traffic on a street by obscuring the view, or which violates any minimum sight distance established in Chapter 320, Subdivision and Land Development.
A.
No fence or wall used to define or enclose a yard or other space
shall be erected and no hedge, tree, shrub, or other growth shall
be maintained which may cause danger to traffic on any public street,
private road or driveway by obscuring the view.
B.
In residential districts, all fences and walls erected in any yard
abutting a street shall not exceed six feet in height and shall have
at least 50% of the surface occupied by the fence or wall open to
view.
C.
In residential districts, fences or walls erected at the side or
at the rear of any building or structure shall not exceed six feet
in height and may be solid.
D.
Swimming pools shall be enclosed by a fence or wall of not less than
four feet in height with a self-latching gate, comprised of metal
fencing, chain-link fencing, a portion of a wall or building, a solid
wood fence, or an equivalent as required by the current Building Code.
[Amended 6-7-2017 by Ord.
No. 2017-04]
E.
All fences shall be of homogeneous construction.
F.
No fence or wall may be built within the ultimate right-of-way or
within five feet of the cartway, whichever is greater.
[Amended 6-7-2017 by Ord.
No. 2017-04]
G.
Fences and wall shall be consistent with the intent, use, and character
of a lot or development within a zoning district as further modified
by the character zone containing such lot or development.
H.
No fence, including agricultural fencing, shall be erected in, along
or across any swale unless the applicant demonstrates to the satisfaction
of the Zoning Code Enforcement Officer that the fence will not change,
reduce or impede the performance or structural integrity or maintenance
and upkeep of the swale.
[Added 8-3-2005 by Ord. No. 2005-02; amended 9-7-2005 by Ord. No.
2005-07; 8-4-2010 by Ord. No. 2010-04; amended 6-7-2017 by Ord. No. 2017-04]
J.
Maintenance and repair of existing fences that do not substantively
change the fence in appearance or height is excluded from the permitting
requirement.
[Added 9-7-2005 by Ord. No. 2005-07]
A.
Vehicular ingress and egress between any lot and an abutting street, for any use permitted in this chapter, shall be so located and so designed as to further the purposes of this chapter as set forth in § 370-2 of Article I. Where any commercial district abuts a major highway, it is the intent of this chapter to encourage the installation of a marginal access street, or the combination of off-street parking facilities for three or more lots, as provided in § 370-182 herein, with point of access to such major highway spaced at safe intervals.
B.
Where any multifamily housing, mobile home park, shopping center,
or industrial park has vehicular access to and from a major highway,
all vehicular entrances and exits shall be provided with deceleration
and acceleration lanes approved by the Zoning Administration Officer
and the Pennsylvania Department of Transportation, where applicable.
In no event shall vehicles be permitted to back directly into the
public street from off-street parking area.
A.
Odor. No use shall emit odorous fumes, gases or other odorous matter
in such quantities as to be offensive at any point on or beyond its
lot lines. The guide for determining such quantities of offensive
odors shall be the 50% response level of Table I (Odor Thresholds
in Air), "Research on Chemical Odors: Part I – Odor Thresholds
for 53 Commercial Chemicals," October 1968, Manufacturing Chemists
Association, Inc., Washington, D.C.
B.
Heat. Any activity producing intense heat shall be performed within
an enclosed building or behind a solid fence in such manner as to
be completely imperceptible from any point on any other property.
C.
Outdoor lighting.
[Added 9-5-2007 by Ord. No. 2007-04[1]]
(1)
Purpose. To require and set minimum standards to:
(a)
Provide for and control lighting in outdoor public places where
public health, safety and welfare are potential concerns.
(b)
Protect drivers and pedestrians from the glare of nonvehicular
light sources.
(c)
Protect neighbors, the environment and the night sky from nuisance
glare and light trespass.
(d)
Promote energy efficient lighting design and operation.
(e)
Protect and retain the intended visual character of the various
venues of Schuylkill Township.
(2)
Applicability.
(a)
All uses within Schuylkill Township where there is interior
or exterior lighting that creates a nuisance or hazard as viewed from
outside, including, but not limited to, residential, commercial, industrial,
public and private recreational/sports and institutional uses, and
sign, billboard, architectural and landscape lighting.
(b)
Temporary seasonal decorative lighting and emergency lighting
are exempt from all but the glare-control requirements of this chapter.
(c)
Emergency lighting, as may be required by any public agency
while engaged in the performance of their duties, is exempt from the
requirements of this chapter.
(3)
Criteria.
(a)
Illumination levels. Lighting, where required by this chapter,
or otherwise required or allowed by Schuylkill Township, shall have
illuminances, uniformities and glare control in accordance with the
most current edition of the Illuminating Engineering Society of North
America (IESNA) Lighting Handbook and the Recommended Practice Lighting
for Exterior Environments (RP-33). The following current values are
provided as examples for a few typical uses and tasks:
|
Use/Task
|
Maintained Footcandles
|
Uniformity Ratios
| |||
|---|---|---|---|---|---|
|
Parking
| |||||
|
Multifamily residential
| |||||
|
Low vehicular/pedestrian activity
|
0.2 min
|
4:1 avg:min
| |||
|
Medium vehicular pedestrian activity
|
0.6 min
|
4:1 avg:min
| |||
|
Industrial/commercial/ institutional
| |||||
|
Low activity, e.g., neighborhood shopping, industrial employment,
schools, churches
|
0.2 min
|
4:1 avg:min
| |||
|
Medium activity, e.g., community shopping, office parks, hospitals,
commuter lots, cultural/civic/recreational events
|
0.6 min
|
4:1 avg:min
| |||
|
High activity, e.g., regional shopping, fast food, major event
venues
|
0.9 min
|
4:1 avg:min
| |||
|
Gas stations and convenience stores
| |||||
|
Fueling positions
|
20 avg, 30 max
| ||||
|
Pedestrian path to store
|
10 avg, 15 max
| ||||
(b)
Lighting fixture design.
[1]
Fixtures shall be of a type and design appropriate to the lighting
application.
[2]
Lighting of predominantly horizontal surfaces.
[a]
For the lighting of predominantly horizontal surfaces
such as, but not limited to, parking areas, roadways, vehicular and
pedestrian passage areas, merchandising and storage areas, automotive
fuel-dispensing facilities, automotive sales areas, loading docks,
culs-de-sac, active and passive recreational areas, building entrances,
sidewalks, bicycle and pedestrian paths, and site entrances, fixtures
shall be aimed straight down and shall be fully shielded or meet IESNA
full-cutoff criteria.
[b]
For decorative streetlighting applications, the
Township may, at its sole discretion, permit the use of fixtures meeting
IESNA cutoff criteria rather than full-cutoff criteria, even if not
in conformity with this subsection.
[c]
Fixtures, except those containing directional lamps,
with an aggregate rated lamp output not exceeding 1,200 lumens, e.g.,
the rated output of a standard nondirectional one-hundred-watt incandescent
lamp, are exempt from the requirements of this subsection.
[3]
For the lighting of predominantly nonhorizontal surfaces such
as, but not limited to, facades, landscaping, signs, billboards, fountains,
displays and statuary, fixtures shall be fully shielded and shall
be installed and aimed so as to not project their output into the
windows of neighboring residences, adjacent uses, past the object
being illuminated, skyward or onto a public roadway. Fixtures, except
those containing directional lamps, with an aggregate rated lamp output
not exceeding 500 lumens, e.g., the rated output of a standard nondirectional
forty-watt incandescent lamp, are exempt from the requirements of
this subsection.
[4]
"Barn lights," aka "dusk-to-dawn lights," visible from an adjacent
property, shall not be permitted unless fully shielded as viewed from
that property.
(c)
Control of glare.
[1]
All lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard to drivers or pedestrians by impairing
their ability to safely traverse and so as not to create a nuisance
by projecting or reflecting light onto a neighboring use or property.
[2]
Directional fixtures such as floodlights and spotlights shall
be so shielded, installed and aimed that they do not project their
output into the windows of neighboring residences, adjacent uses,
past the object being illuminated, skyward or onto a public roadway
or pedestrianway.
[3]
Parking facility and vehicular and pedestrianway lighting (except
for safety and security applications and all-night business operations),
for commercial, industrial and institutional uses shall be automatically
extinguished no later than 1/2 hour after the close of business or
facility operation. When safety or security lighting is proposed for
after-hours illumination, it shall not be in excess of 25% of the
number of fixtures or illumination level required or permitted for
illumination during regular business hours.
[4]
Illumination for signs, billboards, building facades and/or
surrounding landscapes for decorative, advertising or aesthetic purposes
is prohibited between 11:00 p.m. and dawn, except that such lighting
situated on the premises for a commercial establishment may remain
illuminated while the establishment is actually open for business,
and until 1/2 hour after closing.
[5]
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture mounting height,
wattage, aiming angle and fixture placement.
[6]
The illumination projected from any use onto a residential use
shall at no time exceed 0.1 footcandle, measured line-of-sight from
any point on the receiving residential property.
[7]
The illumination projected from any property onto a nonresidential
use shall at no time exceed 1.0 footcandle, measured line-of-sight
from any point on the receiving property.
[8]
Except as might be permitted by the Township for certain recreational
lighting, fixtures not meeting IESNA full-cutoff criteria, when their
use is specifically permitted by the Township, shall not be mounted
in excess of 16 feet above finished grade. Fixtures meeting IESNA
full-cutoff criteria shall not be mounted in excess of 20 feet above
finished grade.
[9]
Only the United States and the state flag shall be permitted
to be illuminated from dusk till dawn. All other flags shall not be
illuminated past 11:00 p.m. Flag lighting sources shall not exceed
7,000 lamp lumens per flagpole. The light source shall have a beam
spread no greater than necessary to illuminate the flag and shall
be adequately shielded.
[10]
Under-canopy lighting for such applications as
gas/service stations, hotel/theater marquees, fast-food/bank/drugstore
drive-ups, shall be accomplished using flat-lens full-cutoff fixtures
aimed straight down and shielded in such a manner that the lowest
opaque edge of the fixture shall be below the light source at all
lateral angles.
(d)
Installation.
[1]
New electrical feeds for lighting standards shall be run underground,
not overhead.
[2]
Poles supporting lighting fixtures for the illumination of parking
areas and located directly behind parking spaces, or where they could
be hit by snowplows, shall be placed a minimum of five feet outside
paved area or tire stops, or placed on concrete pedestals at least
30 inches high above the pavement, or suitably protected by other
municipality-approved means.
[3]
Pole-mounted fixtures for lighting horizontal tasks shall be
aimed straight down and poles shall be plumb.
(e)
Maintenance. Lighting fixtures and ancillary equipment shall
be maintained so as to always meet the requirements of this chapter.
(f)
Signs. The lighting of new or relighting of
existing signs shall require a building permit which may be granted
if Schuylkill Township is satisfied that excessive illumination, light
pollution, glare and light trespass have been adequately mitigated,
and shall be subject to the following requirements:
[Amended 7-11-2012 by Ord. No. 2012-03]
[1]
Externally illuminated signs shall have fixtures
mounted at the top of the sign and aimed downward. The fixtures shall
be designed, fitted and aimed to shield the source from off-site view
and to place the light output onto and not beyond the sign or billboard.
At no point on the face of the sign or billboard and at no time shall
the illumination exceed 30 vertical footcandles during hours of darkness.
[2]
The illumination of billboards, where their
use is specifically permitted by the Township, shall not be located
within 100 feet of a lot line of a residential use or district.
[3]
Billboards shall be extinguished automatically
by a programmable controller no later than 11:00 p.m. each evening
until 6:00 a.m., except that signs for establishments (not companies)
that operate or remain open past 11:00 p.m. may remain on no later
than 1/2 hour past the close of the establishment.
[4]
Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted, except as may be provided in Article XXI, Signs.
[5]
Where permitted electronic signs, including
those with or containing LED lighting, shall not be allowed to operate
between 11:00 p.m. and 6:00 a.m.
(4)
Recreational lighting. Permission to illuminate recreational
facilities shall be granted only when Schuylkill Township is satisfied
that the health, safety and welfare rights of nearby property owners
and Schuylkill Township as a whole have been properly protected. When
recreational uses are specifically permitted by the Township for operation
during hours of darkness, the following requirements shall apply:
(a)
Race tracks and such recreational venues as golf driving ranges
and trap-shooting facilities that necessitate the horizontal or near
horizontal projection of illumination, shall not be permitted to be
artificially illuminated.
(b)
Recreational facilities for basketball, baseball, football,
soccer, miniature golf, tennis or track shall not be illuminated if
located within a residential district or sited on a nonresidential
property located within 1,000 feet of a property containing a residential
use.
(c)
Sporting events shall be timed to end at such time that all
lighting in the sports facility, other than lighting for safe exit
of patrons, shall be extinguished by 11:00 p.m., regardless of such
occurrences as extra innings or overtimes.
(d)
Fixture-mounting heights shall not exceed those necessary to
achieve light trespass criteria elsewhere in this chapter.
(5)
Plan submission. Where site lighting is required by this chapter,
is otherwise required by Schuylkill Township or is proposed by applicant,
lighting plans shall be submitted for Township review and approval
for variance, building permit and special exception applications.
The submitted information shall contain the following:
(a)
A plan or plans of the site, complete with all structures, parking
spaces, building entrances, traffic areas (both vehicular and pedestrian),
vegetation that might interfere with lighting, and adjacent uses that
might be adversely impacted by the lighting. The lighting plan shall
contain a layout of all proposed fixtures by location, orientation,
aiming direction, mounting height and type. The submission shall include,
in addition to existing and proposed area lighting, all other exterior
lighting, e.g., architectural, building-entrance, landscape, flag,
sign, etc.
(b)
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot
of maintained horizontal footcandles overlaid on the site plan, plotted
out to 0.0 footcandles, which demonstrates compliance with the light
trespass, illuminance and uniformity requirements as set forth in
this chapter or as otherwise required by Schuylkill Township. When
the scale of the plan, as judged by Schuylkill Township, makes a ten-foot-by-ten-foot
grid plot illegible, a larger grid spacing may be permitted.
(c)
The maintenance (light-loss) factors, IES candela file nomenclature,
lamp-lumen ratings and specific lamp manufacturer's lamp ordering
nomenclature, used in calculating the presented illuminance levels.
(d)
Description of the proposed equipment, including fixture catalog
cuts, photometries, glare-reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details and mounting methods.
(e)
When landscaping plans are involved, they shall contain the
lighting fixture locations and shall demonstrate that the site lighting
and landscaping have been coordinated to minimize conflict between
vegetation and intended light distribution, both initially and at
vegetation maturity.
(f)
When requested by Schuylkill Township, applicant shall also
submit a visual-impact plan that demonstrates appropriate steps have
been taken to mitigate the potential consequences of on-site and off-site
glare and to retain the intended character of Schuylkill Township.
This plan may require the inclusion of initial vertical footcandle
values at specific off-site venues, e.g., bedroom windows of adjacent
residential uses.
(g)
Plan notes. The following notes shall appear on the lighting
plan:
[1]
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to Schuylkill Township
for review and approval.
[2]
Schuylkill Township reserves the right to conduct post-installation
inspections to verify compliance with the ordinance requirements and
approved lighting plan commitments, and if deemed appropriate by Schuylkill
Township, to require remedial action at no expense to Schuylkill Township.
[3]
All exterior lighting shall meet IESNA full-cutoff criteria
unless otherwise approved by Schuylkill Township.
[4]
Installer shall notify the Township to arrange for inspection
and approval of all exterior lighting, including building-mounted
lighting, prior to its installation.
(6)
Compliance monitoring.
(a)
Safety hazards.
[1]
If Schuylkill Township judges a lighting installation creates
a safety hazard, the person(s) responsible for the lighting shall
be notified and required to take remedial action.
[2]
If appropriate corrective action has not been effected within
15 days of notification, Schuylkill Township may take appropriate
legal action.
(b)
Nuisance glare and inadequate illumination levels.
[1]
When Schuylkill Township judges an installation produces unacceptable
levels of nuisance glare, skyward light, excessive or insufficient
illumination levels or otherwise varies from this chapter, the Township
may cause notification of the person(s) responsible for the lighting
and require appropriate remedial action.
[2]
If the infraction so warrants, Schuylkill Township may act to have the problem corrected as in Subsection C(6)(a)[2] above.
(7)
Nonconforming lighting.
(a)
Any lighting fixture or lighting installation existing on the
effective date of this chapter that does not conform with the requirements
of this chapter shall be required to achieve conformance when:
[1]
Minor corrective action, such as re-aiming or shielding, can
achieve conformity with the applicable requirements of this chapter.
[2]
It is deemed by Schuylkill Township to create a safety hazard.
[3]
It is replaced by another fixture or fixtures or abandoned or
relocated.
[4]
There is a change in use.
(b)
Regardless of the requirements of Subsection C(7)(a) above, nonconforming lighting fixtures and lighting installations shall be made to conform with the requirements of this chapter or removed within three years from the effective date of this chapter.
(c)
When fixtures are added to a site and the number of fixtures
added amounts to 50% or more of the existing fixtures, all existing
exterior lighting on the site shall be made to conform to this chapter.
[1]
Editor's Note: This ordinance also repealed former § 1808A,
Glare and vibration, and former § 1808D, Exterior lighting,
which were previously included in this section.
D.
Noise. The sound level of any operation (other than the operation
of motor vehicles or other transportation facilities, operations involved
in the construction or demolition of structure, emergency alarm signals
or time signals) shall not constitute a nuisance.
E.
Notwithstanding the provisions of this section, no use shall be permitted
until and unless the applicant demonstrates that such use will not
entail any of the following:
[Added 11-6-2002 by Ord. No. 02-08]
(1)
Significant contamination which is preventable;
(2)
Adverse effects on health of neighbors;
(3)
The risk of events which could result in the release of contaminants
endangering the health or safety of human beings, animals, birds,
marine life, beneficial insects or plant life;
(4)
Involve any utilization of any transferred pollution credits
by the proposed project such that discharges, emissions or releases
would be authorized in excess of the minimum (most stringent) standards
applicable to such use;
(5)
Increase any present or anticipatable ambient levels of contaminants
which entails any significant risk to health or safety;
(6)
Require off-site supporting and/or ancillary facilities or activities
which would require rezoning or variances, and/or substantial public
improvements.
The following provisions shall apply to the keeping of all livestock
and animals other than household pets:
A.
Minimum lot area: 100,000 square feet in all districts.
(1)
Additionally, the following list specifies additional area requirements
by size of animals:
(a)
Group 1: Animals whose average adult weight is less than 10 pounds
shall be permitted at a density not to exceed 12 animals per acre.
(b)
Group 2: Animals whose average adult weight is between 10 and
65 pounds shall be permitted at a density not to exceed two animals
per acre.
(c)
Group 3: Animals whose average adult weight is greater than
65 pounds shall be permitted at a density of not more than one animal
per acre.
(2)
The keeping of a combination of animal types (Groups 1, 2, and
3) shall be limited to a maximum animal density not exceeding the
ratio of the numbers of animals, by type.
(a)
For example, to keep two horses (Group 3: 2 x 1 acre), six goats
(Group 2: 6 x 0.5 acre), and 12 chickens (Group 1: 12 x 0.0833 acre),
the minimum lot size would be six acres.
B.
All structures used to house livestock shall be set back a minimum
of 50 feet from all property lines. No such structure shall be located
in a front yard.
C.
All animals, their housing and their outdoor pasture/recreation areas
shall be properly maintained so as not to become a nuisance to adjacent
properties.
D.
All animal wastes shall be properly stored or removed from the site
so as not to become objectionable. Any stockpiling of animal wastes
shall be located such that no drainage or odors from the stockpile
area will flow onto or over an adjacent property or into any watercourse.
E.
All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of the animals.
Accessory uses authorized in this chapter shall include the
following, and uses of the same general character:
A.
Uses accessory to agriculture. The keeping of livestock and poultry pursuant to the provisions of § 370-131.
B.
Uses accessory to single-family dwelling:
(1)
Detached private garage; private parking space; shed or similar
accessory structure; a shelter for small pets owned by the property
owner; a fence (with locking gate), swimming pool and bathhouse; private
greenhouse;
(2)
Private stables or shelters for the keeping of domestic animals, pursuant to the provisions of § 370-131;
(3)
Class B home occupation, after being granted a special exception
from the Zoning Hearing Board;
(4)
Class A home occupation, without any requirement for a special
exception.
C.
Uses accessory to multifamily housing:
(1)
Recreation facilities, designed for use by tenants and their
guests, such as swimming pools, tennis and badminton courts, swings,
seesaws, slides, pitch-and-putt golf course, and recreational activities
similar to the foregoing, when made an integral part of the project
design;
D.
Uses accessory to public parks. Customary recreational, refreshment
and service uses and buildings in any public park, recreation area,
and playground or other recreational area shall be permitted as accessory
uses to a public park.
E.
Accessory use structure. In any district, the height and yard regulations
to the contrary notwithstanding:
[Amended 10-2-2019 by Ord. No. 2019-06]
(1)
An accessory building or structure, not a structural part of
the principal building, may be erected 10 feet from the rear and/or
side lot line not abutting a street, if it does not exceed 50 square
feet and is not more than 10 feet in height.
(2)
An accessory building or structure, not a structural part of
the principal building, which exceeds 50 square feet may be erected
15 feet from a rear and/or side lot line not abutting a street, if
it does not exceed 150 square feet and is not more than 12 feet in
height.
(3)
An accessory building or structure which exceeds 150 square
feet shall meet the height and yard regulations of the district in
which it is located.
[Amended 6-7-2017 by Ord.
No. 2017-04]
(4)
For a swimming pool, the minimum distance from the rear lot
line may be reduced to equal the interior side yard requirements.
[Added 6-7-2017 by Ord.
No. 2017-04]
F.
Uses accessory to commercial activities. In all commercial districts,
there shall be no outdoor storage except where it is inherently a
characteristic of the item for sale, and all other activities shall
be carried on within a building; provided, however, that any commercial
activity involving the sale of goods or materials may, while open
for business, have an outdoor display area totalling not more than
20% of the indoor display area.
G.
Uses accessory to industrial activities. Caretakers' quarters, and
customary storage of raw materials and the warehousing of finished
products with a principal or accessory building or structure, lunch
room facilities for the exclusive use of employees, and outdoor storage.
[Amended 10-2-2019 by Ord. No. 2019-06]
H.
Uses accessory to educational institutions and municipal uses.
[Added 11-5-2014 by Ord. No. 2014-04]
(1)
Recreational facilities, including outdoor playing fields, walking trails, playground and other recreational area, customary structures for playing fields including backstops, goalposts, fences, refreshment and service uses and buildings, shall be permitted as accessory uses to any educational institution. Outdoor playing fields may incorporate spectator stands for no more than 1,000 spectators, except that spectator stands for more than 1,000 spectators are permitted by conditional use, subject to the applicant submitting an additional traffic study for approval by the Township in compliance with § 320-18D(24) of the Township Subdivision and Land Development Ordinance;[1]
(2)
Maintenance facility, including the service, repair, fueling
and maintenance of vehicles and equipment, provided that storage for
any fueling tank does not exceed 1,000 gallons of capacity on that
property. To the extent that an applicant desires to incorporate fuel
tank storage in the aggregate greater than 5,000 gallons in capacity
on that property, special exception approval shall be required; and
I.
No electrical wires shall pass over any pool.
[Added 6-7-2017 by Ord.
No. 2017-04]
J.
All accessory structures as identified in this chapter shall be limited
to a height of 20 feet.
[Added 10-2-2019 by Ord.
No. 2019-06]
K.
All accessory buildings and structures shall be limited to a maximum
footprint size of 750 square feet.
[Added 10-2-2019 by Ord.
No. 2019-06]
Landscaping shall be provided pursuant to the provisions of § 320-34 of Chapter 320, Subdivision and Land Development. All landscaping, plantings, screenings, and buffering areas shall be maintained in a healthy condition at all times and shall be kept free of rubbish and debris. Dead landscape materials or plants which constitute a hazard or nuisance shall be promptly removed. All dead or diseased plant materials that are part of a required buffer or screening area shall be replaced within not more than one year. All portions of lots or sites not occupied by buildings, other structures, or parking or other paved areas, shall be planted with an all-season ground cover sufficient to reduce erosion or weed growth.[1]
There shall be no outdoor storage or accumulation for a period
in excess of seven days of any waste materials which produce fumes
detectable at the lot lines, of any inflammable or edible materials,
of material which would harbor or breed rodents or insects, or of
abandoned, wrecked, or junked vehicles, or of any vehicle without
a valid registration for more than 120 days unless screened or covered,
and placed in a rear yard. No unregistered vehicles shall be stored
in a front yard. This shall not apply to farm vehicles and implements.
Parks and playgrounds owned by Schuylkill Township shall be
permitted in all districts.
Should the use of any building or structure or lot be changed
in any district, then all of the area, bulk and accessory requirements
of the new use shall be met.
Class A home occupations shall be subject to the following:
A.
No changes to the exterior of the dwelling shall be permitted which
would have the effect of altering its character as a dwelling.
B.
Not more than one employee not in residence in the dwelling shall
be permitted.
C.
No outside storage shall be permitted.
D.
No vehicles, except for typical automobiles or pickup trucks, shall
be used in the occupation.
E.
No deliveries by tractor-trailer shall be permitted.
F.
The occupation shall not result in any noise, glare, vibration, electrical
or electromagnetic interference to radio or television signals, odor,
glare or septic discharge which are significantly different from those
of typical dwellings.
G.
The resident shall operate the home occupation.
H.
The home occupation shall not contribute more than five additional
vehicle trips per day from the dwelling, and no commercial vehicles
shall be used in the home occupation.
I.
An area corresponding to not more than 20% or 500 square feet, whichever
is less, of the gross square footage of the dwelling, including all
floors and habitable basement areas, but excluding garage and attic
space, shall be devoted or used for the home business.
[Added 6-1-2011 by Ord. No. 2011-05[1]]
The following provisions shall apply to commercial
solar power facilities within the Township:
A.
Impervious coverage and building coverage. The area
of any solar panels (including, without limitation, framing for the
same) shall not be included in the calculation of impervious surface,
impervious coverage or building coverage, provided that the area directly
beneath the solar panels remains pervious for purposes of determining
compliance with the area and bulk criteria set forth in this section.
B.
Projections into required yards. Commercial solar
panels (including, without limitation, framing for the same) may extend
into required yards. Commercial solar panels (including, without limitation,
framing for the same) may extend a maximum distance of 10 feet into
required yards abutting properties currently used or zoned for residential
purposes, provided that no base or foundation of any solar panels
shall extend into any required yard.
C.
Lot size and area and bulk regulations. The lot size
and area and bulk regulations applicable in the zoning district in
which a commercial solar power facility is located shall apply to
the commercial solar power facility, except that the maximum height
of the solar or photovoltaic panels above ground surface shall not
exceed 10 feet.
D.
Buffer screen. Except as provided in § 370-138E, each commercial solar power facility shall include a buffer to create a continuous visual screen between the solar power facility and a person standing at ground level on an adjacent residentially zoned lot or a public right-of-way. Such buffer shall be comprised of opaque fencing, landscaping, earthen berms, or some combination thereof to be approved by the Township Zoning Officer. Said buffer shall be not less than eight feet in height and not less than 10 feet in width.
E.
Solar access. The owner or operator of any commercial
solar power facility shall not erect or plant on the lot on which
the commercial solar power facility is located any building, structure,
fencing or landscaping which would block sunlight from reaching less
than 90% of any solar panel between the hours of 8:00 a.m. and 4:00
p.m.
F.
Glare. No commercial solar power facility shall create
glare visible from adjoining public rights-of-way, streets, or adjacent
lots when viewed by a person standing on ground level or which shall
be visible from any floor level in a structure measuring 35 feet or
less and located on an adjacent property. All solar panels, frames,
posts, etc., shall be color matched and of an earth-tone color so
that the color of all components shall be uniform.
G.
Vehicular access. Each commercial solar power facility
shall be provided with a stabilized means of vehicular access to and
from a public roadway.
I.
Commercial solar power facilities shall not occupy
flood hazard and wetland districts, the fifty-foot no-structure setback
from flood hazard and wetland districts, wetland margins, steep slopes,
or natural surface drainage courses.
J.
Commercial solar power facilities, including all components
thereof, shall be designed to withstand a ground level wind velocity
of 130 miles per hour.
