Except as provided by law or this chapter, no building, structure, or land shall be used or occupied except for the purposes permitted in the zoning districts as indicated in Article IV herein.
A.
All uses permitted by right, condition, or special exception shall
be subject, in addition to the following use regulations, to such
regulations of setbacks, lot size, lot width, building area and height,
impervious surfaces, easements, buffer yards, off-street parking and
such other provisions as are specified in other articles of this chapter.
B.
In particular, the laws of the Commonwealth of Pennsylvania and the
local regulations regarding waste disposal shall be adhered to. Further,
no permit shall be issued until approval is obtained from the necessary
regulatory bodies regarding sewage disposal.
A.
Ag Agricultural Uses.
(1)
Ag-1 Agriculture. The use of land for agricultural purposes
including farming, dairying, pasturage agriculture, horticulture,
floriculture, viticulture, and animal and poultry husbandry subject
to the following provisions:
(a)
Feedlots, pens and livestock confinement areas shall not be
situated less than 50 feet from any stream, swale, or body of water.
(b)
Such use may include a single-family detached dwelling for the
sole use of individuals and their immediate families which are engaged
in agricultural employment on the same site or for the immediate family
of the landowner.
(c)
Minimum lot area shall be five acres with, and two acres without,
a dwelling unit on the lot.
(d)
Parking: two spaces per dwelling unit.
(2)
Ag-2 Accessory Agricultural Sales/Farm Stands. Sales of farm
products may be conducted as an accessory use to an agricultural use
from a temporary structure under the following conditions:
(a)
Minimum lot size shall be five acres.
(b)
Farm products shall be limited to plant material, crops harvested
from plants, dairy products, poultry products, meat products, and
such things as honey, and preserves and jellies made from fruit products
of the farm.
(c)
At least 50% of the farm products for sale shall be grown, produced
or raised on the subject property.
(d)
A temporary sales building or stand may be located within the
yard setback areas as required by the zoning district in which it
is located provided that the stand or building is a minimum of 25
feet from all lot lines and from the ultimate street right-of-way.
For the purpose of this section, the term "temporary" shall mean "during
the season of harvest."
(e)
Parking. Sufficient on-site parking area shall be devoted to
servicing customers. The use shall provide an adequate mud-free parking
surface. The designated parking area shall be a minimum of 10 feet
from the ultimate right-of-way and shall be located on the same side
of the street as the farm stand.
(3)
Ag-3 Greenhouse. The indoor raising of plants, shrubs and trees
for sale and transplantation under the following conditions:
(4)
Ag-4 Intensive Agriculture. Intensive agriculture including
feedlots, confinement livestock or poultry operations taking place
in structures or closed pens subject to the following provisions:
(a)
Minimum lot area shall be 50 acres.
(b)
Maximum building coverage shall be 5%.
(c)
Maximum impervious coverage shall be 10%.
(d)
All buildings, pens, and other structures shall be located at
least 100 feet from any street right-of-way or property line.
(e)
All applicable regulations of the Pennsylvania Department of
Environmental Resources shall apply.
(f)
No retail sales from the premises shall be permitted.
(g)
Parking: one space per employee.
(5)
Ag-5 Kennel. A facility housing dogs, cats, or other household
pets where grooming, breeding, boarding, training, or selling of animals
is conducted as a business subject to the following provisions:
(a)
Minimum lot area shall be five acres.
(b)
No animal shelter or runway shall be located closer than 200
feet from any property line.
(c)
The kennel shall be constructed so that the animals cannot stray
therefrom.
(d)
The permanent capacity of the kennel shall not exceed 10 dogs
or other animals per acre.
(e)
A buffer yard of 20 feet in width comprised of a dense evergreen
planting screen shall be provided along all property and street lines.
(f)
Any building or structure associated with this use including
a dwelling shall meet all of the requirements for single-family detached
dwellings for the district in which the use is located. One single-family
detached dwelling in accordance with Use Type R-1 shall be permitted
on the property provided that a resident of the property is engaged
in the operation of the business.
(g)
Parking: one space per employee, plus one space per four of
the total number of runs and crates. The use shall provide an adequate
mud-free parking surface. The designated parking area shall be a minimum
of 10 feet from the ultimate right-of-way and shall be located on
the same side of the street as the kennel. Two additional off-street
parking spaces shall also be provided for each dwelling unit.
(6)
Ag-6 Nursery. The outdoor raising of plants, shrubs and trees
for sale and transplantation subject to the following provisions:
(a)
Minimum lot area shall be five acres.
(b)
No retail sales shall be permitted.
(c)
Any building or structure associated with this use including
a dwelling shall meet all of the requirements for single-family detached
dwellings for the district in which the use is located. One single-family
detached dwelling in accordance with Use Type R-1 shall be permitted
on the property provided that a resident of the property is engaged
in the operation of the business.
(d)
Parking: one space per employee, plus two spaces for the dwelling
unit if applicable. In addition, sufficient on-site parking area,
as determined by the Board of Supervisors, shall be devoted to servicing
customers. The use shall provide an adequate mud-free parking surface.
The designated parking area shall be a minimum of 10 feet from the
ultimate right-of-way and shall be located on the same side of the
street as the nursery.
(7)
Ag-7 Riding Academy and Boarding Stable. Riding academy, livery
or boarding stable, subject to the following provisions:
(a)
Minimum lot area shall be 10 acres.
(b)
The total number of horses shall not exceed four horses per
acre.
(c)
Any building or structure associated with this use including
a dwelling shall meet all of the requirements for single-family detached
dwellings for the district in which the use is located. One single-family
detached dwelling in accordance with Use Type R-1 shall be permitted
on the property provided that a resident of the property is engaged
in the operation of the business.
(d)
Feedlots, pens and livestock confinement areas shall not be
situated less than 50 feet from any stream, swale or body of water.
(e)
Parking. Sufficient on-site parking, as determined by the Board
of Supervisors, shall be devoted to servicing customers, which shall
include a minimum of one mud-free off-street parking space for each
livery or boarding stable, plus one space per employee. The designated
parking area shall be a minimum of 20 feet from the ultimate right-of-way
and shall be located on the same side of the street as the principal
use. Two additional off-street parking spaces shall also be provided
for each dwelling unit.
(8)
Ag-8 Agricultural Support Services and Retail. Establishments
for the sale and services of farm equipment and the sale and supply
of farm supplies such as feed, grain, fertilizer and related accessory
products subject to the following provisions:
B.
B Business Uses.
(1)
B-1 Medical Office. A building or group of buildings with multiple
offices for one or more physicians or dentists for examination or
treatment of persons as outpatients, and with laboratories incidental
thereto.
(a)
Parking: one space per 200 square feet of gross floor area.
(2)
B-2 Office. A building or portion of a building wherein services
are performed involving predominantly administrative, professional,
or clerical operations.
(a)
Parking: one space per 250 square feet of gross floor area.
(3)
B-3 Veterinary Office or Clinic. The office of a veterinarian
for the care of small domestic animals that are normally and customarily
considered to be household pets. If a kennel is part of the office
or clinic, the use shall meet the regulations of use Ag-5 Kennel.
A veterinarian clinic shall be operated during regular business hours,
except in the case of emergencies.
(a)
Parking: one space per 200 square feet of gross floor area.
(4)
B-4 Planned Business Park.
(a)
A planned business park is designed to make special provisions
for the requirements of modern, well-planned, integrated office developments.
The following regulations require that a planned business park use
be developed as a group of properly related business offices and compatible
facilities comprising a single architectural design including appropriate
landscaping and open space areas.
(b)
A planned business park development is intended to be primarily
comprised of office uses with limited nonoffice support uses as may
be deemed appropriate to service the needs of the Business Park development.
[2]
The following uses are permitted as a conditional use when authorized
in accordance with the standards and criteria as set forth in this
section:
[a]
C-13 Hotel, provided that each room for lodging
shall gain direct access only through the interior of the building
by means of a main or secondary lobby. For the purpose of this use
type, a conference center including business training and/or education
facilities wherein the activity directly involves the training and/or
education of a business work force or clientele which may include
temporary lodging and meal accommodations for attendees is also permitted.
[3]
Planned business park developments located in the LI Limited
Industrial District shall comply with the provisions of the Planned
Business Campus District.
(5)
B-5 Business Center.
(a)
A center consisting of a combination of business uses, including
offices, display and sales areas, and uses for the designing, assembling,
remodeling or repairing of electro/mechanical components on office
desk or table top. No objectionable dust, fumes, noise, odors, smoke,
glare and vibration shall be permitted. The uses set forth in the
Village Commercial District of this chapter and no other shall be
permitted. No outdoor storage shall be permitted.
(b)
The following development requirements shall apply to an application for a conditional use to the Board of Supervisors to convert an existing residential building to a business/commercial use or mixed business/commercial and residential use as permitted in § 153-410A:
[1]
The minimum lot size for a business center use shall be 120,000
square feet.
[3]
The minimum number of parking spaces shall be regulated by the
individual use type.
[4]
No parking shall be permitted in the front yard.
[5]
A planted strip of at least five feet shall be maintained along
all side and rear property lines unless a shared driveway crosses
a side property line.
[7]
The Towamencin Township Planning Commission shall review the
conditional use application for compliance with the terms of this
chapter, and the Subdivision and Land Development Ordinance of Towamencin
Township,[1] as last amended, and shall submit its recommendations
thereon to the Board of Supervisors.
[8]
Parking: one space per 250 square feet of gross floor area.
(7)
B-7 Medical Equipment Offices and Distribution. A business consisting
of a combination of uses overseen by the FDA Quality System (QS) regulation
and Medical Device Amendments of 1976, as amended, including offices,
display and sales areas, and uses for the designing, assembling, remodeling
or repairing, and distribution of medical and biotechnical components,
dental and optical equipment, hardware, small parts, and similar products.
At least 60% of the gross floor area of the business must be allocated
to office use. No outdoor storage shall be permitted.
[Added 1-22-2014 by Ord. No. 14-02]
(8)
B-8 Medical Laboratory or Medical Office with Surgical Center. A building or group of buildings used for a medical laboratory or for medical office purposes in accordance with § 153-502B(1) (B-1 Medical Office) with a diagnostic center, wellness center, and surgical center, including up to 20 beds for one- or two-night recovery or rehabilitation after surgery, subject to the approval of the Pennsylvania Department of Health.
[Added 2-26-2015 by Ord. No. 15-01]
(a)
Parking: one space per 200 square feet of gross floor area.
C.
C Commercial Uses.
(1)
C-1 Adult Entertainment.
(a)
An establishment devoted to the display, rental and/or selling
of materials such as pictures, drawings, photographs, videos, or other
depictions or printed material and paraphernalia of explicit sexual
materials which, if sold knowingly to a child under 18 years of age,
would violate the criminal laws of the Commonwealth of Pennsylvania
in effect at the same time thereof. The following provisions shall
also apply.
(b)
All proposed C-1 Adult Entertainment uses shall comply with
the following development standards and criteria when applying for
a special exception use:
[1]
Minimum lot area shall be two acres.
[2]
Minimum lot width shall be 250 feet.
[3]
Minimum setbacks from each front, rear and side lot line shall
be 50 feet.
[4]
Maximum building coverage shall be 40%.
[5]
Maximum impervious coverage shall be 65%.
[6]
All lots containing C-1 uses shall have side and rear yards
enclosed with a six-foot-high fence which shall be located within
a dense planting buffer with a minimum width of 25 feet. The planted
buffer shall consist of evergreens planted 10 feet on center in a
staggered pattern and each planting shall be a minimum of four feet
in height at the time of planting. No fences shall be permitted in
front of the front building line.
[7]
No parking shall be permitted in the front yard.
[8]
A building or structure for such use shall be located no less
than 1,000 feet from any residential use or residential district,
public or private school, church, recreation facility or park, or
any other religious, educational, or institutional use.
[9]
No materials sold within the building shall be visible from
any window, door, or exterior of the building.
[10]
No persons under the age of 18 years of age shall
be permitted within an adult entertainment establishment.
[11]
Parking: one space per 150 square feet of gross
floor area.
(2)
C-2 Vehicle Sales. The sale and/or lease of new or used automobiles
by a duly franchised, licensed or registered car, boat, or motorcycle
dealer; the sale of used cars, boats, or motorcycles; the rental of
cars, pickup trucks not exceeding a maximum gross vehicle weight of
3/4 of one ton, trailers associated with boats, motorcycles and/or
boats; or the sale of travel campers and all terrain vehicles, provided
that all uses shall be licensed by the Commonwealth of Pennsylvania
when required.
(a)
All facilities shall be located and all services shall be conducted
within the confines of the lot.
(b)
All preparation, lubrication, repair or similar activities shall
be accessory to the principal use and shall be conducted within a
building. Auto body repair and painting shall comply with Use Type
C-3.
(c)
Accessways shall be provided for the safe and convenient egress
and ingress of motor vehicles. No accessway shall exceed 35 feet in
width nor be less than 15 feet in width.
(d)
Access to the street shall be physically controlled by concrete
curbing and separated from the street by a minimum ten-foot-wide planted
strip.
(e)
All automobile parts and similar articles shall be stored within
a building.
(f)
Storage or display of automobiles, trucks, boats, and other
vehicles for sale shall not be allowed in any front yard.
(g)
There shall be no more than one access point into the facility
from each street on which the facility has frontage.
(h)
Parking: one space per 500 square feet of showroom area. If
no interior showroom exists, there shall be one space per 1,000 square
feet of outdoor display area.
(3)
C-3 Automotive Body Repair and Paint Shop. Establishments doing
paint spraying, body and fender work, and custom body work shall comply
with the following:
[Amended 12-14-2011 by Ord. No. 11-10]
(a)
All such work shall be performed within a building.
(b)
All related automotive parts, refuse, and similar articles shall
be stored within a building or enclosed area.
(c)
No vehicle shall be stored in the open awaiting repairs unless
screened from all adjacent roads and properties by a fence, wall or
evergreen hedge of at least six feet in height.
(d)
Parking shall not be located closer than 100 feet from any adjacent
residential district.
(e)
Parking: two spaces for every service bay, plus one space per
employee.
(4)
C-4 Car Wash. An area of land and/or a structure with machine
or hand-operated facilities used principally for the cleaning, washing,
polishing, or waxing of motor vehicles.
(a)
Car washes shall be designed with a stacking area adequate for
a minimum of two cars per bay for do-it-yourself facilities and a
minimum of nine cars per bay for an automatic facility, including
a stacking area adequate for two vehicles for each vacuuming island
and detailing area so that waiting cars do not interfere with traffic
flow onto or through the facility.
(b)
The facility shall have a drainage system which ensures that
water will not collect on driveways, sidewalks or flow out onto the
street.
(c)
The facility shall provide a six-foot-high fence and a dense
evergreen planting buffer at least four feet in height along all side
and rear lot lines.
(d)
Parking: one space per employee
(5)
C-5 Convenience Store. A store with less than 10,000 square
feet of gross floor area, that sells a limited variety of food, nonprescription
drugs, and household items and whose design or principal method of
operation shall include the following characteristics:
(6)
C-6 Eating Place. An establishment that services food and beverages
primarily to persons seated within the building. This includes cafes,
outdoor cafes and banquet facilities. Drive-in service is prohibited.
(a)
Parking: one space per 50 square feet of net floor area, plus
one space per employee.
(7)
C-7 Eating Place - Drive-Through and Fast-Food. An establishment
located on a single and separate pad whose principal business is the
sale of foods, frozen desserts, or beverages in ready-to-consume individual
servings, for consumption either within the eating place building
or for carry-out and where either: foods, frozen desserts, or beverages
are usually served in paper, plastic, or other disposable containers
and where customers are not served their food, frozen desserts, or
beverages by an eating place employee at the same table or counter
where the items are consumed, or the establishment includes a drive-up
or drive-through service facility or offers curb service.
(a)
The drive-through service area shall be an integral part of
the interior circulation pattern. No direct access to a public road
shall be permitted from the drive through aisle.
(b)
Where a drive-in window is proposed, a stacking lane shall be
provided to serve a minimum of nine cars. The stacking lane shall
not be used for parking lot circulation aisles, nor shall it in any
way conflict with through circulation or parking.
(c)
All such eating places shall provide a trash storage area which
shall be screened from the street and adjacent properties by an enclosed
fence at least six feet in height to prevent trash from blowing from
the area and to serve as a visual screen for the trash area.
(d)
Trash receptacles shall be provided outside the eating place
for patron use.
(e)
Parking: one space per 30 square feet of public use area or
one space per two seats, whichever is greater, plus one space per
employee.
(8)
C-8 Entertainment. An entertainment facility shall include a
bowling alley, skating rink, billiard hall, indoor movie theater,
and other similar uses, but shall not include a use which meets the
definition of Adult Entertainment Use C-1.
(9)
C-9 Financial Establishment. A financial establishment shall
include a bank, savings and loan association, credit union, or other
financial establishment providing:.
(a)
If a drive-in window is provided, a stacking area to accommodate
at least nine vehicles shall be provided for each drive-in window
which will not interfere with the vehicular or pedestrian circulation
plan for the site or the required parking for the use.
(b)
Where automated teller machines are provided, such facilities
shall be adequately lighted for security and safety and shall be ancillary
to the main building.
(c)
Parking: one space per 300 square feet of gross floor area.
(10)
C-10 Funeral Home. A building or part thereof used for human
funeral services. Such building may contain space and facilities for:
embalming and the performance of other services used in preparation
of the dead for burial; the performance of autopsies and other surgical
procedures; the storage of caskets, funeral urns and other related
funeral supplies; and the storage of funeral vehicles, but shall not
include facilities for cremation. Where a funeral home is permitted,
a funeral chapel shall also be permitted.
(a)
Parking: one space per 30 square feet of floor area for public
use, plus one space per employee, plus one space per each vehicle
normally stored on the premises.
(11)
C-11 Bed-and-Breakfast Inn. A house or portion thereof, where
short-term lodging rooms and meals are provided. The operator of the
inn shall live on the premises or in adjacent premises providing:
(a)
There shall be no separate kitchen or cooking facilities in
any guest room.
(b)
The use of any amenities provided by the guest house such as
swimming pool or tennis courts shall be restricted in use to guests
of the establishment. The serving of meals shall be restricted to
the guests of the establishment.
(c)
There shall be no use of show windows or display or advertising
visible outside the premises to attract guests other than a single,
nonilluminating sign which meets the regulations set forth in this
chapter.
(d)
Minimum lot area shall be one acre.
(e)
Parking: two spaces for the primary dwelling, plus one space
per each rental room, plus one space for each employee.
(12)
C-12 Self-Service Storage Facility. A building consisting of
relatively small individual, self-contained units that are leased
for the storage of business and household goods or contractors supplies.
Such use shall be surrounded by a physical barrier including a fence
and dense evergreen buffer strip, measuring at least six feet in height.
The buffer strip shall be planted outside of the fence or other barrier
and shall consist of plants which will hide the fence from view from
the street and adjoining properties and further providing:
(a)
The minimum driveway width shall be 25 feet.
(b)
No business activity other than leasing of storage units shall
be permitted.
(c)
All storage shall be within enclosed buildings, except that
no more than 10% of the total storage area as determined by the building
footprints may be devoted to outdoor parking spaces for boats, cars,
recreational vehicles, or other noncommercial vehicles provided said
outdoor storage area is within the fenced-in portion of the facility
and generally screened from the street.
(d)
Explosive, radioactive, or highly flammable materials and chemicals
such as fuels and gasoline shall be prohibited.
(e)
Parking: three spaces for customer parking at the rental office,
plus one space per employee.
(13)
C-13 Motel or Hotel. An establishment offering transient lodging
accommodations at a daily rate to the general public, which may also
provide additional services or accommodations, such as eating places,
meeting rooms, recreation facilities and shops. Room for lodging shall
not have direct access to the exterior of the building. Each lodging
room access shall be obtained only through the interior of the building
as in through a main or secondary lobby.
(a)
Parking: 1 1/4 spaces per room, plus one space per 150
square foot of office space, plus the parking requirement for any
other permitted use of the property including but not limited to a
C-6 Use.
(14)
C-14 Recreational Campsites.
(a)
Campsites. A lot on which two or more campsites are located,
established or maintained for occupancy as temporary living quarters
for recreation or vacation purposes. A campsite shall be a plot of
ground intended for the accommodation of either a recreational vehicle,
tent, or other individual camping unit on a temporary basis. Such
campsites shall be rented by the day, week or month only and no person
can reside in any campsite anywhere in the camp for more than 120
days per year providing:
[1]
Minimum lot area shall be 20 acres.
[2]
Maximum density shall be 10 campsites per acre.
[3]
A minimum of 40% of the site shall be kept as open
space, exclusive of buffer yards. Buffer yards shall be 100 feet from
all street and property lines.
[4]
A commissary and related facility may be permitted
as a conditional use providing that said facility will only serve
the inhabitants of the campsite facility.
[5]
Parking: four spaces located near and convenient
to the retail/management office. Each space shall be adequate in size
to accommodate the parking of an automobile/camper combination, plus
four visitor automobile spaces for the commissary use, plus one space
per employee.
(b)
Cottages. A planned development intended for seasonal recreational
use comprised of two or more cottages and other related buildings,
including camps for boys and girls using two or more cottages for
shelter or sleeping purposes:
[1]
The main use of the proposed development shall
be seasonal, and no occupant shall be permitted to remain for a total
period exceeding 180 days during any one calendar year except for
an owner-occupant or caretaker of the facility.
[2]
Minimum lot area shall be 25 acres.
[3]
Maximum density shall be one cottage per two acres
of gross lot area.
[4]
No mobile home, camper, or recreational vehicles
shall be permitted as part of a cottage development or private camp.
[5]
Cottages shall be clustered so that a minimum of
75% of the site shall be left as undisturbed open space.
[6]
Parking: one space per counselor or employee, plus
adequate loading/unloading areas for buses, shall be provided.
(15)
C-15 Repair Shop. Any business for the repair of consumer goods,
but not including repair of automobiles, boats, campers, vehicles
or motorcycles and not including the repair of other items which as
part of the repair process, cause noise, fumes, or other disturbances
to emanate beyond the property line of the establishment.
(a)
Parking: one space per 200 square feet of gross floor area.
(16)
C-16 Retail Trade and Retail Services. Establishments engaged
in selling goods or merchandise to the general public for personal
or household consumption and rendering services incidental to the
sale of such goods, or establishments primarily engaged in providing
services involving the care of a person or his or her apparel. Such
use does not include an eating place or other use specifically designated
in this chapter as a separate use.
(a)
All products produced on the premises shall be sold on the premises.
(b)
A retail facility may have associated with it as an accessory
use a warehouse for the storage of goods and supplies which are sold
or used at the retail facility. Approval for a warehouse as an accessory
structure shall be by special exception to be granted by the Zoning
Hearing Board. The amount of warehouse space to be permitted shall
be in accordance with the needs of the retail use and shall not detract
from the retail nature of the use or from the area in which it is
located.
(c)
Parking: one space per 200 square feet of gross floor area.
(17)
C-17 Vehicular Repair and Service Station. Any premises where
gasoline and other petroleum products are sold and/or vehicular maintenance
activities are conducted, provided that automobile painting, and body
fender work are excluded. All premises shall meet the following requirements:
(a)
Minimum lot width of 200 feet shall be provided along each street
on which the lot abuts.
(b)
Minimum lot area shall be one acre.
(c)
Access to roads shall be at least 50 feet from the intersection
of any streets.
(d)
Such use may only be located on a controlled access road or
collector road as identified in the Comprehensive Plan of the Township.
(e)
All pumps, lifts, and other service facilities shall be located
not closer than 35 feet to any property or ultimate right-of-way line.
(f)
No vehicle shall be stored in the open, except those awaiting
repairs, for a period exceeding seven consecutive days unless screened
from all adjacent roads and properties by a fence, wall or evergreen
hedge of at least six feet in height.
(g)
All lubricating, making of repairs, or similar activities shall
be performed in an enclosed building.
(h)
Separate accessways shall be provided for the safe and convenient
egress and ingress of motor vehicles. No accessway shall exceed 35
feet in width nor be less than 15 feet in width.
(i)
Access to the street shall be physically separated by concrete
curbing and a ten-foot-wide landscaped strip separating the street
from the service station parking area.
(j)
All automobile parts and similar articles shall be stored within
a building.
(k)
Unregistered or junk vehicles shall not be stored in the open
at any time.
(l)
The sale of automobiles, trucks, or other motor vehicles shall
be prohibited.
(m)
A small shopping facility of no greater than 1,500 square feet
for the fast service sale of a limited line of high volume grocery
and beverage items shall be permitted as an accessory use to the sale
of gasoline and other petroleum products. However, such a facility
shall not be permitted together with the provision of automobile service/repair.
(n)
Service stations designed to offer to the public self-service
facilities for dispensing of gasoline and other motor vehicle fuels
shall meet all state regulations.
(o)
Parking: two spaces for each service bay, plus one space per
employee. If there is a convenience store in place of service bays,
there shall be one space per 150 square feet of floor area devoted
to sales.
(18)
C-18 Shopping Center. A shopping center use is a building or
combination of buildings which are designed as a planned complex of
related structures, parking areas, circulation systems and related
facilities which may include a combination of the following permitted
uses and is subject to the following additional criteria:
(a)
Permitted shopping center uses:
[2]
Theater, not including outdoor motion-picture establishment.
[3]
Bakery, confectionery, or custom shop for the production
of articles to be sold at retail on the premises.
[4]
Passenger bus station, telephone and telegraph
office.
[5]
Accessory uses customarily incidental to any of
the above uses.
[6]
Any use of the same general character as any of
the above permitted uses, when authorized as a special exception by
the Zoning Hearing Board, provided that such use shall be permitted
subject to such reasonable restrictions as the Zoning Hearing Board
may determine, and further provided that no trade or business shall
be permitted which is either noxious or hazardous.
[7]
Freestanding satellite buildings shall be permitted
under the following conditions:
[a]
The total area of all satellite buildings shall
not exceed 10% of the total gross floor area of the main building
or buildings.
[b]
All satellite buildings shall be located a minimum
of 200 feet from main buildings.
[c]
The location of a satellite building shall be harmoniously
planned into the circulation system of the shopping center to avoid
vehicular and pedestrian conflicts. Access to the satellite building
shall be restricted to locations from within the shopping center.
Direct access to the satellite building from abutting streets shall
be prohibited.
[d]
All satellite buildings shall be located within
the primary building envelope of the main parcel.
[e]
Satellite building pads shall be leaseholds of
the main use and shall not be a fee-simple lot.
[f]
The parking requirement for the individual satellite
use shall be used to determine the buildings' parking requirement.
[g]
The area of all satellite buildings shall be included
in calculating the maximum building coverage and impervious coverage
on the parcel.
[h]
Signage shall be in accordance with the signage
requirements for individual stores within a shopping center use.
(b)
Development requirements. The general plan for a shopping center
use shall include specific evidence and facts showing that it has
considered and made provisions for, and the development shall be executed
in accordance with, the following essential conditions:
[1]
The proposed development shall be constructed in accordance with an overall plan, shall be unified in terms of architectural design, scale, circulation and landscaping, and shall provide initially for the construction of a minimum of 7,500 square feet of floor area, and not less than three of the uses listed in Subsection C(18)(a) above.
[2]
All buildings shall be arranged in a group or in
groups.
[3]
The distance, at the closest point, between any
two separate, freestanding buildings, shall be not less than 12 feet.
[4]
Adequate areas shall be provided for loading and
unloading of delivery trucks and other vehicles; for the provision
of trash receptacles for servicing of shops by refuse collection;
for servicing of shops by fuel, fire and other service vehicles; for
automobile accessways; and for pedestrian walks. All areas provided
for use by vehicles and all pedestrian walks shall be constructed
in accordance with Township specifications.
[5]
Provision shall be made for safe and efficient
ingress and egress to and from public streets and highways serving
the center without undue congestion to or interference with normal
traffic flow. All points of vehicular access to and from public streets
shall be located not less than 200 feet from the intersection of any
public street lines with each other.
[6]
Parking: five spaces per 1,000 square feet of gross
floor area.
[7]
Parking, loading, and service areas used by motor
vehicles shall be located entirely within the lot lines of the shopping
center and shall be physically separated from all public streets.
[9]
The proposed shopping center shall be served by
adequate water and sewage disposal facilities, the adequacy of which
shall be demonstrated and guaranteed.
(19)
C-19 Golf Course. A golf course shall include a nine-hole or
eighteen-hole golf course and may include a clubhouse, one eating
place, a separate banquet facility, and other accessory uses, including
a pro shop with not greater than 2,000 square feet gross floor area
which may include the sale, rental and fitting of golf clubs, golf
equipment and clothes; this use shall also permit the installation
of golf tees to be used for instruction and practice of the play of
golf, including a driving range but excluding miniature golf course,
batting cage or similar uses, provided said use is clearly accessory
to the golf course and is subject to the following provisions:
[Amended 11-17-2004 by Ord. No. 04-06]
(a)
Minimum lot area shall be 50 acres for a nine-hole and 80 acres
for an eighteen-hole course.
(b)
Minimum building setback of 100 feet from all lot and ultimate
right-of-way lines.
(c)
Minimum buffer yard of 75 feet.
(d)
Parking. Five spaces per hole, unless there is a clubhouse/eating
place not exceeding 9,000 square feet, in which case there shall be
11 spaces per hole. In the event of a clubhouse/eating place in excess
of 9,000 square feet, the requirement for use C-6 Eating Place Parking
shall apply to the excess square footage.
[3]
Editor's Note: This ordinance also repealed former Subsection
C(19)(e), which immediately followed this subsection and contained
provisions on banquet facilities.
(20)
C-20 Miniature Golf, Driving Range, Batting Cage and Other Similar Recreation. Golf driving range, miniature golf course, golf cage and baseball batting cage, other designated recreation units and a pro shop with not greater than 2,000 square feet gross floor area as an accessory use, which may include the sale, rental and fitting of golf clubs, golf equipment and clothes; this use shall also permit the installation of golf tees to be used for instruction and practice of the play of golf, when authorized by the Board of Supervisors as a conditional use, subject to the following conditions and in accordance with Article X, Conditional Uses, herein. Recreation activity involving the operation of motor vehicles, including go-carts, shall be specifically prohibited.
[Amended 11-17-2004 by Ord. No. 04-06]
(a)
The parcel devoted to such use shall be not less than 35 acres.
(b)
The use and activities associated therewith, other than parking,
shall be set back not less than 150 feet from a perimeter property
line and 75 feet from an ultimate right-of-way line, with the exception
of parking which may be set back not less than 25 feet from an ultimate
right-of-way line, and must maintain the one-hundred-fifty-foot setback
from all perimeter property lines.
(c)
No building associated with the use shall exceed 20 feet in
height.
(d)
The parcel devoted to such use shall contain at least 500 feet
of uninterrupted frontage along an arterial road as defined by the
Comprehensive Plan of the Township.
(e)
The proposed use may contain Use C-6 Eating Place not greater
than 5,000 square feet gross floor area, which shall include the sale
of convenience items but exclude the sale of gas.
(f)
For the purposes of this chapter, a "miniature golf course"
shall be defined as a course containing 18 miniature golf holes, the
play on which would require the use of a putter only.
(g)
Additional recreation units shall include but are not limited
to golf pro shop, rock climbing wall, skating facility, soccer cages,
and party/picnic pavilion either open or enclosed.
(h)
Parking - One and one-half spaces per each recreation unit: which includes: each golf practice tee, miniature golf hole, batting cage, golf cage or soccer cage, or similar recreation unit and one parking space for each three persons of capacity of each indoor and outdoor principal use not listed above; and parking as required for Use C-6 in Article VII, Off-Street Parking and Loading.
(i)
Temporary parking may be used to accommodate up to 25% of the
required parking. Areas having slopes of 5% or less may be used no
more frequently than four consecutive days and not greater than 20
days per calendar year. The locations of temporary parking shall be
shown on plans, and be subject to the same locational requirements
applicable to paved parking. Such areas need not be paved. Such surface
material(s) required by the intended use shall be determined by the
Township.
[Added 11-17-2004 by Ord. No. 04-06]
(j)
Activities associated with this use shall be open to the public
not greater than between 6:30 a.m. to 11:00 p.m. daily. Activities
associated with the use of the picnic pavilion or any banquet facilities
shall be limited to events associated with the golf or recreation
facilities provided on site.
[Added 11-17-2004 by Ord. No. 04-06]
(21)
C-21 Billboards. An off-premises advertising sign directing
patrons to a service or business located outside of the lot on which
the sign is located and subject to the following regulations in any
zoning district in which the use is permitted:
(a)
The minimum lot area shall be one acre.
(b)
The minimum lot width shall be 200 feet.
(c)
The minimum front yard setback shall be 100 feet.
(d)
The minimum side and rear yard setbacks shall be 75 feet.
(e)
Billboards shall have a maximum sign area of 360 square feet.
(f)
Billboards shall not be closer than 1,000 feet apart.
(g)
The bottom of the sign area of a billboard shall be located
a minimum of 10 feet above the ground and the top of the sign structure
and shall comply with the maximum height requirements within the district
in which it is located.
(h)
Billboards shall not be illuminated between the hours of 1:00
a.m. and 6:00 a.m.
(i)
Billboards shall comply with all of the other requirements for
a principal use within the district in which it is located except
as otherwise stated herein.
(22)
C-22 Health Club. An establishment that provides facilities,
classes and instruction for aerobic exercises, running and jogging,
exercise equipment, game courts such as for squash and racquetball,
swimming facilities, and saunas, showers, and locker rooms.
(23)
Limited-access self-storage facility. A multistory climate-controlled
building used primarily for self-storage, containing separate lockers/storage
areas and where both business and residential customers directly access
their lockers/storage areas subject to certain restrictions set by
the operator of the facility. Access to the lockers/storage areas
shall be internal to the building with no direct access to the lockers/storage
units from exterior doors. A limited-access self-storage facility
shall not be located on an arterial highway as defined by Section
A101 of the Towamencin Township Engineering Standards and shall be
subject to the following requirements:
[Added 12-11-2019 by Ord.
No. 19-13]
(a)
The minimum driveway width shall be 25 feet for two-way traffic
and 20 feet for one-way traffic.
(b)
No business activity other than leasing of storage units and
retail sale of moving supplies shall be permitted. Retail sales are
permitted on the first floor only and may not exceed 10% of the total
first floor area.
(c)
All storage shall be within enclosed buildings.
(d)
Explosive, radioactive, or highly flammable materials and chemicals
such as fuels and gasoline shall be prohibited.
(e)
Parking: three spaces for customer parking at the rental office,
plus one space per employee.
(f)
A security gate and decorative fence with brick base no higher
than six feet in height shall be provided that restricts access to
the loading areas. The decorative fence may be located in the front
yard provided that the fence does not interfere with sight distances
from driveways or adjacent streets and further provided that the location,
description and details of such fence are presented to the Board of
Supervisors and subsequently approved as part of the conditional use.
(g)
No overnight parking or vehicle storage is permitted.
(h)
If the proposed use is within the designated boundaries of the
Towamencin Village Overlay District, the following design element
shall specifically be in accordance with the Towamencin Village Land
Use and Design Manual, whether or not the owner and/or applicant has
opted into the Village Overlay District:
[1]
The applicant shall submit architectural drawings
showing concepts for facades, roof design and materials for buildings
and incorporate specific design standards in order to qualify for
conditional use approval;
[2]
The design standards shall include, but may not
necessarily be limited to, building and streetscape elements such
as the type of lighting, sidewalk design, street furniture, street
signs and architectural details and facade materials.
[3]
The Board of Supervisors may, at its discretion,
waive or modify requirements contained within the Towamencin Village
Land Use and Design Manual upon determination that strict compliance
would not further the purpose and intent of the chapter.
D.
E Educational and Institutional Uses.
(1)
E-1 Cemetery. A cemetery shall be limited to a graveyard, including
a mausoleum, for the interment of humans.
(a)
The minimum lot size shall be 10 acres.
(b)
No more than 10% of the entire area may be devoted to aboveground
buildings not serving as burial markers or memorials, such as business
and administration offices, chapels, maintenance facilities, greenhouses,
or repair shops. This restriction includes parking facilities.
(c)
One dwelling to be used for custodial personal may be permitted
in accordance with the requirements for single-family detached dwellings
in the district in which the use is permitted.
(d)
The entrance features shall be located no closer to the nearest
right-of-way line of any public street than a distance equal to the
building setback line required in the district in which the cemetery
is located.
(e)
No such entrance features shall exceed 12 feet in height.
(2)
E-2 Commercial School. A professional, business, cosmetology,
music, gymnastics, art, dancing, or other similar school, excluding
the industrial trades which include but are not necessarily limited
to welding, heating, ventilation air conditioning, and auto body repair.
(a)
One space per two students of the maximum total student design
capacity of the facility, plus one space per faculty member and employee.
(3)
E-3 Day-Care Center/Nursery School.
(a)
Child day-care center/nursery school. A state licensed facility
providing day-care and/or educational service for more than six children,
providing out-of-home care for part of a twenty-four-hour day to children
under 16 years of age, excluding care provided by relatives and care
provided by places of worship during religious services. Said use
shall include the term "nursery school."
[1]
In permitted residential districts the minimum lot size and
side and rear setback requirements shall be 1 1/2 times the minimum
lot size and setbacks for a single-family detached dwelling within
the district.
[2]
Buffer yards with a minimum width of 25 feet planted with a
dense evergreen screen with a height of four feet upon planting shall
be provided if the use is located within a residential district or
said use is adjacent to an existing residential use.
[3]
The outside play area shall be completely enclosed with a fence
with a minimum height of four feet and maximum height of six feet.
Said fence shall be comprised of substantial wire mesh or solid wood
which shall contain no vertical interspace of more than two inches
nor have any horizontal rail or component or ornament on the outside
or inside which could be available as a footstep, except as hereinafter
set forth:
[a]
Wood pickets comprised of three-quarter-inch stock,
with a vertical interspace of three inches.
[b]
Iron pickets comprised of one-half-inch bar stock
with a vertical interspace of four inches.
[c]
Chain link comprised of vertical chains with a
minimum of an 11 gauge wire and a maximum clear opening of two inches.
[d]
Woven or other solid fence with a strength equivalent
to one of the foregoing as approved by the Code Enforcement Department
of the Township.
[e]
All gates in required fencing shall be secured
by a self-closing, self-locking safety latch at all times.
[f]
A dwelling or accessory building may be used as
a part of the required enclosure.
[4]
Parking: one space for every employee, plus one space for each
100 square feet of classroom area.
(4)
E-4 Hospital. A state-licensed institution providing health
services primarily for human inpatient medical or surgical care for
the sick or injured which may include departments, training facilities,
central services facilities, and staff offices that are an integral
part of the facilities subject to the following provisions:
(a)
Minimum lot area shall be 10 acres.
(b)
Minimum lot width shall be 500 feet.
(c)
A hospital shall have direct access from a collector or arterial
road as defined in the Comprehensive Plan for the Township.
(d)
Parking: 1 1/2 spaces per patient bed, plus one space per
employee on the shift having the largest number of employees.
(5)
E-5 Library or Museum. Such use shall be open to the public
or connected with a permitted educational use in which literary, musical,
artistic or reference materials are kept for use, but not for sale,
or devoted to the procurement, care, study, including the display
or exhibition, of objects of lasting value and not conducted as a
private, gainful business.
(a)
Parking: one space per 220 square feet of gross floor area,
plus one space per employee.
(6)
E-6 Municipal Facility. Any use created or facility utilized
by Towamencin Township, any authority created by Towamencin Township
under the Municipality Authorities Act[5] or any other authority in which the Township participates,
for the provisions of governmental functions or public services or
the maintenance of the public health, safety, or welfare including,
but not limited to, public administration, police, fire, ambulance,
recreation, transportation, traffic control and/or management, and
public work uses.
[5]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
(7)
E-7 Nursing Home. A nursing facility or convalescent home licensed
by the Commonwealth of Pennsylvania which is set up to provide long-term
health care primarily to senior residents and/or disabled persons
with chronic diseases or disability. The use does not include senior
citizen housing or personal care facilities, but it can be part of
such an establishment in accordance with the standards set herein.
(8)
E-8 Personal Care Facility. A state licensed personal care facility
is an establishment in which food, shelter, personal assistance or
supervision are provided for three or more residents who are not relatives
of the operator and who require assistance or supervision in matters
such as dressing, bathing, diet, or medication prescribed for self-administration
but who do not require hospitalization or care in a skilled nursing
or intermediate care facility such as would be provided by an E-7
Nursing Home use.
(a)
Minimum lot area shall be five acres.
(b)
Maximum density permitted shall be 20 beds per acre.
(c)
Retail facilities for the exclusive use of residents and their
guests only shall be permitted. No outside advertising shall be permitted.
The retail facility shall be limited to the following uses:
(d)
Open space requirement shall be 20% of the gross site area which
shall be suitably landscaped for its intended use.
(e)
Parking: one space per three beds, plus one space per each full-time
employee on largest shift.
(9)
E-9 Place of Worship. Any structure or structures used for worship
or religious instruction, including social and administrative rooms
accessory thereto, but not including any commercial activity.
(a)
The minimum lot area for a church or other place of worship
shall be not less than two acres.
(b)
The minimum lot width shall be not less than 300 feet.
(c)
The maximum building height shall be 35 feet, except that the
height of any such church, synagogue, tabernacle or other place of
worship may be increased to a maximum of 65 feet to allow for a steeple
or tower structure incidental to such church, synagogue, tabernacle
or other place of worship, provided that for every one foot of height
in excess of 35 feet, there shall be added to each yard requirement
one corresponding foot of width or depth.
(d)
Yard requirements.
[1]
Front yard. There shall be a front yard which shall be not less
than 75 feet in depth from the ultimate right-of-way.
[2]
Side yards. There shall be two side yards on every lot with
an aggregate width of not less than 150 feet, neither side yard having
a width of less than 50 feet.
[3]
Rear yard. There shall be a rear yard which shall have a depth
of not less than 75 feet.
(e)
Building coverage. A maximum building coverage not greater than
25%.
(f)
Impervious coverage. A maximum impervious coverage of not greater
than 45% shall be permitted.
(g)
Accessory use. Accessory uses shall be limited to those customarily
incidental and subordinate to churches, synagogues, tabernacles or
other places of worship which may include a day-care center, parish
center or similar use. A day-care center shall be licensed by the
Commonwealth of Pennsylvania.
(h)
A dwelling shall be permitted in accordance with the requirements
for single-family detached dwellings in the district in which it is
located.
(i)
Parking: one space per every 20 square feet of assembly area
or one space per two seats of capacity of the assembly area, whichever
is greater, plus two spaces per dwelling.
(10)
E-10 Private Organization. Any facility serving as a meeting
place of an association of persons for some common object or purpose
whose membership is limited. Such facilities shall be subject to the
following conditions:
(a)
Minimum lot size of two acres.
(b)
The use shall be for members and their authorized guests only.
(c)
Such facility shall not serve or make available for consumption
alcoholic beverages of any type.
(d)
Eating and dining accommodations shall be incidental to the
purpose of the club and shall be restricted to use by members and
their authorized guests only.
(e)
Parking: one space per 50 square feet of gross floor area of
all buildings used or intended to be used to service members and guests,
plus one space per employee.
(11)
E-11 Recreational Facility/Community Center. A privately owned
or operated outdoor or indoor recreational facility including a tennis
club, skating rink, swimming pool, racquetball, handball, squash,
basketball and volleyball courts or other similar recreational facilities,
other than a municipal park or golf course.
(a)
A minimum lot area of three acres.
(b)
No outdoor active recreational area shall be located nearer
to any lot line than 100 feet.
(c)
The use shall not permit amusement parks or animal parks.
(d)
Outdoor play areas shall be screened and buffered so as to protect
the neighborhood from noise and other disturbances. A buffer yard
with a minimum width of 30 feet comprised of a dense evergreen screen
with a minimum height of four feet upon planting shall be provided
if the outdoor play area is located adjacent to a residential use.
(e)
Parking: one space per each three persons of total design capacity
of the facility or at least one space for each 50 square feet of floor
area used or intended to be used for the service of customers, patrons,
clients, guests, or members, whichever requires the greater number
of parking spaces, plus one space per employee.
(12)
E-12 School. A private school, public school or a nonprofit
school, college or junior college which is licensed under the proper
governmental authority.
(13)
E-13 Industrial Trade School. A public or privately owned or
operated educational facility for the training of the trades including
but not necessarily limited to metal and machinery works, welding,
automotive service and repair, carpentry, plumbing, electrical, and
similar trades.
(a)
Outdoor activity areas for the conduct of any trade related
instruction that would produce noise, fumes, dust, and/or odors shall
be prohibited.
(b)
The use shall utilize best management practices for the use,
storage and disposal of all supplies, materials, and waste products.
(c)
All outdoor storage of equipment and materials shall be enclosed within a fence or wall adequate to screen the contents of the storage area, and in accordance with § 153-502H(6) (A-6 Outside Storage) herein.
(d)
Parking: one space per two students of the maximum total student
design capacity of the facility, plus one space per faculty member
and employee.
E.
I Industrial Uses.
(1)
I-1 Automobile Salvage Recycling Facility. An area of land,
with or without buildings, that is used for the storage of used or
recyclable vehicles and parts thereof.
(a)
Minimum lot area shall be seven acres.
(b)
Minimum lot width shall be 200 feet at street line.
(c)
Minimum setback from all property lines shall be 100 feet.
(d)
Such uses shall be entirely enclosed by a solid fence or wall,
at least eight feet high set back at least 15 feet from all property
boundaries and constructed of plank boards, brick, cinder block, or
concrete, with access only through solid gates. Such fence or wall
shall be kept in good repair and neatly maintained.
(e)
A dense evergreen buffer shall be provided on the outside perimeter
of the fenced area. Evergreens shall be a minimum of eight feet in
height and planted on eight foot staggered centers.
(f)
The contents of such use shall not be placed or deposited to
a height greater than the height of the fence or wall therein prescribed.
(g)
Dumping of trash or land fill operations and burning of any
material is specifically prohibited.
(h)
All such uses shall be sealed from groundwater contamination.
(i)
Parking: one space per employee, plus five additional spaces.
(2)
I-2 Building Materials Sale and Storage Yard. Wholesale establishments
such as lumber yards and those offering for sale finished products
used in the building construction trades.
[Amended 6-8-2005 by Ord. No. 05-01]
(a)
Millworking is permitted as an accessory use.
(c)
The storage of flammable or toxic gases and liquids and the
production and mixing of asphalt and concrete is prohibited.
(d)
Parking: one space per 200 square feet of gross floor area,
plus one space per employee, plus one space per company vehicle normally
stored on the premises.
(3)
I-3 Contractor Services. Offices and shops for contractors such
as builders, electricians, plumbers, masons, painters, landscapers,
roofers, or similar contractors.
(a)
A showroom may be permitted as an accessory use provided that
an additional one parking space per each 300 square feet of showroom
area is provided.
(c)
Parking: one space per each employee or one space per each 500
square feet of gross floor area whichever is greater, plus one space
per company vehicle normally stored on the premises.
(4)
I-4 Food Processing. Establishments engaged in food processing,
packing, canning of meat, fish, dairy and other food products as well
as the manufacture and packaging of nonalcoholic beverages. Said uses
shall comply with all appropriate federal, state and local guidelines
and regulation.
[Amended 4-24-2002 by Ord. No. 02-3; 8-23-2017 by Ord. No. 17-04]
(a)
Except as provided in Subsection E(4)(c) below, no retail sales are permitted from the premises except when the A-16 Accessory Limited Retail Sales use is permitted in the underlying zoning district and approved by the Township as a conditional use.
(b)
Parking: one space per 500 square feet of gross floor area,
plus one space for each company vehicle normally stored on the premises.
(c)
Brewery with retail sales is permitted in the Limited Industrial,
LI, Zoning District when approved by the Township as a conditional
use, subject to the following additional requirements:
[Amended 8-8-2018 by Ord.
No. 18-04]
[1]
Retail sales are limited to:
[2]
The retail sales area must be physically separated and segregated
from the brewery manufacturing use in the same building and shall
have a maximum allowable area of 35% of the gross floor area, or 3,000
square feet, whichever is less.
[3]
Retail sales customers shall be permitted to consume the items permitted by Subsection E(4)(c)[1] above only in the retail sales area or the outdoor seating area permitted in Subsection E(4)(c)[7] below, subject to first obtaining approval from the Commonwealth of Pennsylvania Liquor Control Board if required.
[4]
The hours of operation for retail sales shall be limited to
the hours of 3:00 p.m. to 10:00 p.m., Monday through Thursday, 12:00
noon to 11:00 p.m., Friday and Saturday, and 12:00 noon to 6:00 p.m.
on Sunday.
[5]
The retail sales area must have an entrance separate from the
entrance for the brewery manufacturing use.
[6]
Retail sales within the building shall be conducted only by
the same ownership as the brewery manufacturing use; however, the
use of a food truck shall be permitted if the property owner/applicant
establishes to the satisfaction of the Township that sufficient parking
spaces remain available and the food truck use does not adversely
affect or impair the use of the neighboring properties.
[7]
The use of a seasonal outdoor seating area for patrons of the
brewery shall be permitted if the property owner/applicant establishes
to the satisfaction of the Township that the use of such outdoor seating
area does not adversely affect or impair the use of neighboring properties.
[8]
One additional parking space shall be provided for each 300
square feet of retail sales area and for any outdoor seating area;
provided, however, that shared parking may be approved by the Board
of Supervisors for the retail sales area and any outdoor seating area
along with other uses on a property if it is demonstrated at the conditional
use hearing that such shared parking is feasible given the peak hours
of all of the uses. All required parking for use by retail customers
should be conveniently located adjacent to the entrance for the retail
sales area.
[9]
Community events, including, but not limited to, physical fitness
activities, book clubs, guest speakers/presentations and other similar
uses shall be permitted within the retail sales area; all subject
to maximum occupancy requirements for the retail sales area.
(5)
I-5 Manufacturing. Establishments engaged in the mechanical
or chemical transformation of materials or substances into new products
including the assembling of component parts, the manufacturing of
products, and the blending of materials such as lubricating oils,
plastics, resins or liquors.
(6)
I-6 Recycling Facility. A facility in which recoverable resources
as defined by the Towamencin Township Recycling Ordinance,[6] as amended, and including but not necessarily limited
to, newspapers, glassware, plastics, and metal cans are collected,
stored, flattened, crushed, or bundled, essentially by hand or semiautomatic
equipment within a completely enclosed building.
(a)
The proposed use of an area shall not be detrimental to adjacent
land use.
(b)
Maximum lot size shall be five acres.
(c)
Such use shall be a minimum of 200 feet from any public road
as measured from the ultimate right-of-way line.
(e)
The storage of paper shall be within a building or a closed
container.
(f)
Dumping of trash or land fill operations and burning of any
materials shall specifically be prohibited.
(g)
All such uses shall be sealed from groundwater contamination.
(h)
Parking: one space per employee, plus five additional spaces.
(7)
I-7 Research. A research use shall include a research or testing
facility, and an experimental laboratory, provided:
(8)
I-8 Truck Terminal. Land and buildings used as a relay station
for the transfer of a load other than solid waste, from one vehicle
to another or one party to another. The terminal cannot be used for
permanent or long-term accessory storage for principal land uses at
other locations. The terminal facility may include storage areas for
trucks and buildings or areas for the repair of trucks associated
with the terminal.
(9)
I-9 Wholesale. Establishments engaged in the selling of merchandise
to retailers and to industrial, commercial, and institutional users,
or other wholesalers.
[Amended 4-24-2002 by Ord. No. 02-3]
(a)
Parking: one space per each 500 square feet of gross floor area,
plus one space for each vehicle normally stored on the premises.
(10)
I-10 Warehouse. A building primarily used for the storage of
goods and materials.
(a)
Parking: one space per each 1,000 square feet of gross floor
area, plus one space for each vehicle normally stored on the premises.
(11)
I-11 Quarry. Such use shall include extractive operations for
sand, clay, shale, gravel, topsoil, stone, and similar operations
including borrow pits (excavations for removing material for filling
operations) subject to the following provisions:
(a)
There shall be a berm of average height of 15 feet and a maximum
height of 50 feet. The slope of the sides of the berm shall not exceed
a one to one ratio. Berms shall be planted and dusted, and erosion
control measures shall be taken as may be approved by the Montgomery
County Soil Conservation Service. Plantings and berms shall begin
at a point no closer to a street than the ultimate right-of-way. No
berm shall be constructed closer than 50 feet to a district in which
extraction is not permitted. The Township may require landscaping
as required to screen the quarry from public view as deemed appropriate
by the Board of Supervisors.
(b)
A chain-link fence at least six feet in height, surmounted by
three strands of barbed wire, shall be required within the setback
area at a point no closer than the ultimate right-of-way line to be
maintained in a constant state of good repair. Appropriate warning
signs shall be mounted or posted along the fence at intervals of not
more than 100 feet.
(c)
An adequate internal circulation pattern of streets shall be
maintained between the excavation sites and processing areas. Use
of public streets shall not be permitted for hauling between extractive
and processing areas except where required in connection with such
pattern or for access of vehicular traffic originating from or destined
to points beyond the limits of such excavation sites and processing
areas.
(d)
No slope shall be maintained exceeding the normal limiting angle
of slippage of the material in which the excavation or extraction
is being made. No undercutting shall be permitted within the setback
area except for tunnels to provide transportation of materials between
extractive and processing areas.
(f)
Stockpiles shall not exceed 100 feet in height and shall not
be located closer than 200 feet from any district boundary line nor
closer than 300 feet from the center line of any street except where
a railroad is the district boundary line or where the contiguous district
is a district in which extraction is permitted. All reasonable precautions
shall be taken to prevent any materials or wastes deposited upon any
stockpile from being washed, blown, or otherwise transferred off the
site by normal causes or forces.
(g)
All drainage from the site of extractive operations shall be
controlled by dikes, barriers, or drainage structures sufficient to
prevent any silt, debris, or other loose materials from filling any
existing drainage course or encroaching on streets and adjacent properties.
(h)
No ground vibration caused by blasting or machinery shall exceed
the limits established by this chapter with the exception that no
blasting shall cause a peak particle velocity greater than one inch
per second, measured at any property line or at the center line of
any street.
(i)
The operation shall not include mixing of rock materials with
asphaltic oils or other binders for road-building and construction
purposes.
(j)
Hours of operation shall be between 7:00 a.m. to 7:00 p.m.
(k)
Parking. A minimum of 10 off-street parking spaces shall be
provided. The Board of Supervisors may require additional parking
as necessary to adequately serve customers, employees, visitors, and
vehicles normally parked on the premises.
(12)
I-12 Equipment Sales and Rental. Such use shall include the
sale and rental of farm and construction equipment and machinery,
and the sale and rental of tables, chairs, tents and associated party
equipment and supplies.
(13)
I-13 Off-Site Parking Lot or Garage. Such use shall include a parking
lot area for the parking of cars and utility vehicles of a size that
can park in a standard nine-foot-by-eighteen-foot parking space subject
to the following provisions:
[Added 2-12-2020 by Ord.
No. 20-02]
(a)
The parking facility shall be designed in accordance with § 136-505 of the Subdivision and Land Development Ordinance and the Towamencin Township Engineering Standards.
(b)
The Off-Site Parking Lot or Garage use is not permitted as the
primary use on lots greater than five acres.
(c)
If the Off-Site Parking Lot or Garage use will be used to support
a primary use or place of employment on another property located within
or outside the Township, it shall be within a one-mile driving distance
from the associated use.
(d)
The parking area shall be landscaped in accordance with § 136-510 of the Subdivision and Land Development Ordinance and the Towamencin Township Engineering Standards.
(e)
Buffer yards shall be provided in accordance with Table 1 in
the Towamencin Township Engineering Standards for Industrial Uses.
(f)
The parking area, driveways and pedestrian walkways shall be
adequately lit and be in accordance with the Towamencin Township Engineering
Standards. The lighting design shall provide minimum cut-off and a
minimum maintained average of one footcandle, not to exceed three
footcandles. The applicant shall provide a candelanumeric printout
and manufacturer's cut sheets for the proposed lighting fixtures.
(g)
The use shall include the parking of vehicles only. Fueling
stations or sales of product distribution and/or storage is not permitted.
No sale, rental, service or repair operation of vehicles shall be
performed.
(h)
The minimum setback of the parking lot or parking garage from
a residential use or district shall be 200 feet.
(i)
Access to the off-site parking lot or garage shall be only permitted
from an arterial or collector street as defined the Towamencin Township
Engineering Standards.
(j)
(k)
Parking garage:
[1]
The parking garage shall conform to the minimum
setback requirements for a principal structure in the Zoning District.
[2]
Dimensional requirements for parking spaces and
aisles shall conform to the requirements for parking areas in the
Subdivision and Land Development Ordinance and the Towamencin Township
Engineering Standards
[3]
Architectural elevations shall be provided to demonstrate
that the front facades of parking structures sufficiently screen vehicles
in the parking garage from view of the street and demonstrate that
parking structures are architecturally compatible with the character
of surrounding buildings.
[4]
The facade treatment of walls facing residential
uses or residential zoning districts shall be similar to the front
facade.
F.
R Residential Uses.
(1)
R-1 Single-Family Detached Dwelling. A single-family detached
dwelling is a residential building designed for and used exclusively
as a residence for only one family and which is not attached to any
other dwelling.
(a)
Parking: two off-street parking spaces per dwelling unit.
(2)
R-2 Small Lot Single. A single-family detached dwelling that
is located on smaller lots than are normally provided for single-family
dwellings in the zoning district in which this use type is permitted.
(a)
Parking: two off-street parking spaces per dwelling unit.
(3)
R-3 Twin Dwelling. A twin dwelling is a single-family semidetached
dwelling unit. A twin dwelling is one of a pair of dwelling units
each of which is designed for, and used exclusively as, a single residence
and each of which is joined to the other dwelling unit by a common
party wall and which has yard space on all remaining sides and is
a single dwelling from ground to roof. Where a private garage is structurally
attached to such a building, it shall be considered a part thereof.
(a)
Parking: two off-street parking spaces per dwelling unit.
(b)
Any attached addition, deck, porch, patio, or similar type structure
may extend to the common property lines to match the existing common
party walls, so long as the structure conforms to all requirements
of the adopted building codes and there is consent of owner of common
property line or party wall.
[Added 12-17-2003 by Ord. No. 03-09]
(4)
R-4 Duplex Dwelling. A building designed for and occupied exclusively
as a residence for two families living independently of each other
with one dwelling unit being wholly or partly over the other and having
no party wall in common with an adjacent unit. A duplex dwelling,
while providing for two families, shall be under single ownership.
(a)
Parking: two off-street parking spaces per dwelling unit.
(5)
R-5 Townhouse Dwelling. A group of single-family attached dwellings
each of which shall be attached by at least one and no more than two
walls. Each dwelling unit shall have individual outside access, shall
be used exclusively as a residence for a single family, and shall
be a single dwelling unit from ground to roof. Townhouse dwellings
shall not include less than three nor more than five dwelling units
in a continual row.
(a)
Parking: three off-street parking spaces per dwelling unit.
Where a garage of more than one bay is provided, each bay additional
to the first shall reduce the parking requirement by one space. Each
bay shall be a minimum of 12 feet by 22 feet. If the dwelling units
have basements and a minimum of 50% of the dwelling units have side
entry garages, the minimum size of each garage bay shall be nine feet
by 18 feet.
[Amended 1-25-2012 by Ord. No. 12-01]
(b)
Any attached addition, deck, porch, patio, or similar type structure
may extend to the common property lines to match the existing common
party walls, so long as the structure conforms to all requirements
of the adopted building codes and there is consent of owner of common
property line or party wall.
[Added 12-17-2003 by Ord. No. 03-09]
(6)
R-6 Multiplex. A multiplex is an attached multifamily dwelling
with a minimum of three and maximum of five dwelling units per building.
Each multiplex building has yards on all four sides and may have shared
and common elements among the units including but not necessarily
limited to hallways and entranceways.
(a)
Parking: three off-street parking spaces per dwelling unit.
Where a garage of more than one bay is provided, each bay additional
to the first shall reduce the parking requirement by one space. Each
bay shall be a minimum of 12 feet by 22 feet.
(7)
R-7 Mobile or Modular Home.
(a)
Mobile home. A transportable single-family dwelling intended
for permanent occupancy, contained in one unit, or in two or more
units designed to be joined into one integral unit capable of again
being separated for repeated towing, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
(b)
Modular home. A single-family dwelling, intended for permanent
occupancy, made by assembling one or more factory produced three-dimensional
sections into an integral living unit whose construction materials
and specifications conform to those of conventionally built units.
(c)
Parking: three off-street parking spaces per dwelling unit.
Where a garage of more than one bay is provided, each bay additional
to the first shall reduce the parking requirement by one space. Each
bay shall be a minimum of 12 feet by 22 feet.
(8)
R-8 Housing for the Elderly. Elderly housing shall include a
form of residential use that is designed and operated for senior adults
and any applicant proposing to operate such housing shall submit to
the Township Supervisors for its approval a proposed set of regulations
to control such operation, including definition of age and income
limitations of residents, any other restrictions to be placed upon
the residents or their activities, admission procedures and security
provisions, and setting forth the policy to be used in determining
the amount of rental and other charges to the residents in accordance
with all applicable state and federal laws and regulations. The applicant
shall indicate that single prospective residents of housing have attained
the age of at least 55 years or that families to occupy said units
are elderly families (i.e., families whose heads or their spouses
are at least 55 years of age) or are under a disability as defined
in the Social Security Act.
(a)
Use regulations. Permitted uses, in conjunction with a Housing
for the Elderly complex, shall be as follows:
[1]
Single-family attached dwellings for elderly persons.
[2]
Apartment buildings for elderly persons.
[3]
Health care facility for elderly persons who require nursing
or convalescent care for extended periods of time.
[4]
Accessory uses exclusively to meet the needs of the occupants
of the complex.
(b)
Development regulations. The following density, area, width
and yard regulations shall apply to Housing for the Elderly complexes:
[1]
Maximum density. A maximum density of eight dwelling units per
acre shall be permitted.
[2]
Minimum area. An area of not less than 10 acres shall be provided
for every Housing for the Elderly complex.
[3]
Permanent open space. For purposes of this section, the term
"open space" shall mean land required under the terms of this article
to be permanently preserved for recreation, environmental and aesthetic
purposes. Required setbacks from lot lines or street rights-of-way
shall not be used in calculating the required open space. Not less
than 40% of the area of a tract developed as a Housing for the Elderly
complex shall be retained as permanent open space for use by the residents
of the facility for recreational and leisure activities.
[4]
Distance between buildings.
[a]
For any two exterior facing walls, (the building
of which is oriented front-to-front, front-to-rear, or rear-to-rear)
the minimum distance apart shall be equal to 1 1/2 times the
height of the tallest building.
[b]
For any combination of exterior facing walls not
qualified under Subsection F(8)(b)[4][a] above, the total distance
apart shall be equal to the height of the tallest facing building.
[5]
Setbacks. The following minimum setbacks shall be observed:
[6]
Parking. The following minimum parking standards shall be required.
[a]
Not less than one parking space shall be provided
for each apartment dwelling unit.
[b]
Not less than 1 1/2 parking spaces shall be
provided for each single-family attached dwelling unit.
[c]
At least one parking space shall be provided for
each employee working on the largest shift.
[d]
Whenever a health care facility is proposed which
is intended to accommodate patients other than occupants of the residential
portion of the development, one parking space per two beds shall be
required.
(c)
General requirements.
[1]
Utilities. All buildings within a Housing for the Elderly complex
shall be serviced by a public sewage and water system.
[2]
Common areas and facilities. Provision shall be made for the
perpetual maintenance and care of all common areas including streets,
driveways, parking areas, walkways, landscaped planting areas, open
space and recreational facilities.
(9)
R-9 Community/Group Home. A residential facility which is licensed
by an appropriate state agency which provides twenty-four-hour professional
resident supervision and which is intended to provide a homelike environment
within a community for no more than five occupants (including house
parents and/or supervisors). The residents of a community/group home
shall have a common social characteristic and/or disability in which
the home is intended to provide and foster societal normalization
rather than institutionalization. If the house parents and/or supervisors
serve on a rotating basis only that number at the dwelling at any
one time shall be counted as occupants.
(a)
Parking: two off-street parking spaces per home, plus one per
employee.
(10)
R-10 Residential Conversion. The conversion of a single-family
dwelling into a dwelling for a greater number of families may be permitted
by special exception subject to the following requirements:
(a)
A petition in favor of such exception shall be filed with the
Zoning Hearing Board signed by the owners of 60% or more of the lots
which require notification per this chapter.
(b)
Each dwelling unit shall not have less than 500 square feet
of habitable floor area.
(c)
The lot area per family is not reduced to an amount less than
75% of the minimum lot area required by this chapter for the district
in which the designated lot is located.
(d)
The use shall comply with all setback and building area requirements
for the district in which the use is located.
(e)
There shall be no external alteration of the building except
as may be necessary for reasons of safety. Fire escapes and outside
stairways shall, where practicable, be located to the rear of the
building.
(f)
The Zoning Hearing Board may prescribe such further conditions
and restrictions as the Board may consider appropriate.
(g)
A residential conversion shall be authorized only for an existing
dwelling which, due to size and arrangement, has little economic usefulness
as a conforming use, or for any other arrangement within the intent
and purpose of this chapter, which is deemed appropriate by the Zoning
Hearing Board.
(h)
Parking: two off-street parking spaces per dwelling unit.
(11)
R-11 Boardinghouse. A building that is the primary residence
of the owner and in which rooms are provided by the owner for compensation,
with or without meals, to two or more adult persons with a maximum
of six inhabitants not related by blood, marriage, or adoption to
the owner and is available for permanent occupancy and which makes
no provision for cooking within any of the rooms occupied by paying
guests. Boarding facilities shall be subject to the following provisions:
(a)
A boardinghouse shall comply with the area and dimensional requirements
for single-family detached dwellings within the district in which
the use is located.
(b)
Conversion of an existing building for rooming or boarding purposes
shall meet the applicable provisions of Use Type R-10 Residential
Conversions of this article and all applicable Township building codes.
(c)
Parking: two spaces for the primary dwelling, plus one space
for each rental room, plus one space for each employee.
(12)
R-12 Garden Apartment. A detached residential building designed
for, and used as a residence for, six or more families, each living
and cooking independently of the others with all units sharing the
same lot, and/or common facilities, and containing dwelling units
placed side-by-side and/or one above another. The units of this residential
building are oriented toward open yard areas or green spaces which
surround this type of structure on all sides.
(a)
A garden apartment shall include a group of residential units
constituting a single operating or proprietary unit included in a
single "declaration" recorded pursuant to the provisions of the Unit
Property Act[8] of Pennsylvania.
[8]
Editor's Note: The former Unit Property Act was repealed 7-2-1980
by P.L. 286, No. 82. See now 68 Pa.C.S.A. § 3101 et seq.
(b)
Parking: not less than three off-street parking spaces per dwelling
unit. Where a garage of more than one bay is provided, each bay additional
to the first shall reduce the parking requirement by one space. Each
bay shall be a minimum of 12 feet by 22 feet.
(13)
R-13 Age-Qualified Independent Residential Community. Age-qualified
independent residential community shall consist of a form of residential
use that is designed for and owned by senior adults and any applicant
proposing to develop such housing shall submit to the Township Supervisors
for its approval a proposed set of regulations to control such operation,
including definition of age and any other restrictions to be placed
upon the residents. The units shall be occupied by at least one permanent
resident who shall be 55 years of age or older. In the event of the
death of the primary resident age 55 and older, the widow, widower,
under age 55 and child between the ages of 18 to 54 or stepchild between
the ages of 18 to 54, may continue to reside within the home. A child
or children of the principal occupant is permitted to reside within
the unit, provided that such child shall be 18 years of age or older.
Children under 18 may temporarily reside in a unit for no more than
a total of 120 days per year.
(a)
Use regulations. Permitted uses shall be as follows:
[1]
Single-family attached dwellings limited exclusively
to senior adults and their families.
[2]
Clubhouse, dining facility, pool, fitness center,
limited to residents of the community and their invited guests.
[3]
A walking/biking trail shall be installed within
the open space, and where appropriate, within the site for the use
of residents of the community and their invited guests. The following
regulations shall apply:
[a]
Benches and trash receptacles shall be installed
per the following ratio: one bench and trash receptacle per every
0.5 mile of trail
[b]
The trail shall interconnect where possible with
the Towamencin Township-Wide Trail System
[c]
The trail shall be landscaped in accordance with
the following provisions: The trail shall be landscaped in accordance
with the provisions of Option 1 of the Class A Buffer as defined in
the Towamencin Township Subdivision and Land Development Ordinance,
Section A119, Buffer Yard Requirements.[9]
(b)
Development regulations.
[1]
Maximum density. A maximum density of five dwelling
units per acre shall be permitted.
[2]
Minimum area. An area of not less than nine acres
shall be provided for every age-qualified independent residential
community.
[3]
A maximum of five dwelling units may be attached
in a single building. Gate houses and/or security gates shall be permitted
provided they are set back a minimum of five feet from the ultimate
right-of-way line of a street from which access is taken.
[4]
Permanent open space. For the purpose of this section
the term "open space" shall mean land required under the terms of
this article to be permanently preserved for recreation, environmental,
and aesthetic purposes. Required setbacks from street rights-of-way
shall not be used in calculating the required open space. Not less
than 15% of the area of the tract developed as age-qualified independent
residential community shall be retained as permanent open space for
use by residents of the community for recreational and leisure activities.
The open space must be accessible and usable by residents.
(c)
General requirements.
[1]
Distance between buildings.
[a]
For any two exterior facing walls, (the building
of which is oriented front-to-front, front-to-rear, or rear-to-rear)
the minimum distance apart shall be 20 feet.
[b]
For any combination of exterior facing walls not
qualified under Subsection G(1)(c)[1][a] above, the total distance
apart shall be 20 feet.
[2]
Setbacks. The following minimum setbacks shall
be observed:
[a]
Single-family attached dwellings and all accessory
buildings (with the exception of gatehouses) shall be 50 feet from
all perimeter lines or ultimate rights-of-way for existing streets.
[3]
Parking requirements. The following minimum parking
standards shall be required:
[a]
Not less than two off-street parking spaces shall
be provided for each single-family attached dwelling unit. These parking
spaces may be located either on a driveway, within a garage parking
area, or combination thereof.
[b]
There shall be one off-street parking space per
employee provided.
[c]
On-street parking of maintenance vehicles shall
be permitted between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, except in cases of emergencies.
[4]
Height. The maximum building height shall not exceed
35 feet.
(d)
General requirements.
[1]
Utilities. All buildings within an age-qualified
independent residential community shall be serviced by a public sewage
and water system.
[2]
Common areas and facilities. Provision shall be
made for the perpetual maintenance and care of all common areas including
streets, driveways, parking areas, walkways, landscaped planting areas,
and recreational facilities either by contracted services and/or homeowners'
association.
[3]
Other facilities. Such other improvements including,
roads, curbs, and stormwater collection, control facilities and buffering
as required by the Towamencin Subdivision and Land Development Ordinance,
as last amended, shall be provided.
G.
U Utility Uses.
(1)
U-1 Utility Operating Facility. Such use shall be limited to
a sewage pumping station, electrical substation, telephone substation,
sewage treatment plant, and any public service or utility, not including
a public incinerator, public or private landfill, or a wireless communications
facility.
[Amended 8-26-2016 by Ord. No. 15-12]
(2)
U-2 Emergency Services. Emergency services such as fire, ambulance,
rescue, and other emergency services of a municipal or volunteer nature.
(a)
Parking: one space per 350 square feet of gross floor area,
or one space per vehicle personnel capacity plus five spaces, whichever
is greater.
(3)
U-3 Railway and Bus Terminal. A railway station, bus station
or terminal in accordance with all appropriate federal, state, and
local guidelines and standards.
(a)
Minimum lot area: five acres
(b)
Parking. The applicant shall demonstrate to the satisfaction
of the Board of Supervisors that the amount of parking provided for
said use will be adequate to serve the intended use of the facility.
The applicant shall provide the Township, at a minimum, with documentation
from similarly sized and configured railway and bus terminals to the
one proposed and shall provide evidence in support of the amount,
type, orientation and location of parking on the site.
(4)
U-4 Solar Energy Facility. An alternative energy facility that
consists of one or more ground-mounted, free-standing, or building-mounted
or integrated solar collection devices, solar energy related equipment
and other associated infrastructure with the primary intention of
generating electricity or otherwise converting solar energy to a different
form of energy for primary commercial or other offsite use in accordance
with applicable law and regulation.
[Added 2-26-2015 by Ord.
No. 15-03; amended 5-27-2015 by Ord. No. 15-07]
(a)
Minimum lot size: 10 acres.
(b)
Solar energy facilities must meet primary use setbacks for the
zoning district in which the facility is located.
(c)
Solar energy facilities shall not encroach upon any stormwater
management facility, right-of-way or easement.
(d)
Building-mounted facilities on a pitched roof shall meet the
following requirements:
[1]
The design must meet the requirements contained within the most
recent version of the International Fire Code (IFC) for setbacks,
access and pathways related to emergency access and response procedures.
[2]
The highest point of the facility shall not exceed the highest
point of the roof to which it is attached.
(e)
Building-mounted facilities on a flat roof shall meet the following
requirements:
[1]
The design of the modules must meet the requirements as contained
within the most recent version of the International Fire Code (IFC)
for setbacks, access and pathways related to emergency access and
response procedures.
[2]
The highest point of the facility shall not exceed six feet
above the rooftop and shall not exceed the maximum building height
for the district in which it is located.
(f)
Ground-mounted facilities shall not exceed 20 feet in height.
(g)
For ground-mounted facilities, a thirty-foot buffer yard shall
be provided along all property lines which shall include adequate
means for visual screening. The buffer plantings shall be provided
using a Class B Buffer as defined in Subdivision and Land Development
Ordinance excluding Option Five.[10]
(h)
All equipment for solar energy facilities including any structure
for batteries or storage cells shall be in a fenced area with a self-locking
gate.
(i)
Solar energy facilities and systems shall be constructed and
operated in accordance with all applicable local, state and federal
building, construction and fire laws and regulations, including but
not limited to requirements regarding stormwater management and impervious
coverage.
(j)
Solar energy facilities and systems shall conform to applicable
industry codes and standards, including but not limited to those of
the International Code Council (ICC), American National Standards
Institute (ANSI), Underwriters Laboratories (UL), the American Society
for Testing and Materials (ASTM), the International Fire Code (IFC),
National Fire Protection Association (NFPA) and other certifying and
professional organizations.
(k)
All exterior electrical and/or plumbing shall be buried below
the surface of the ground and be placed in a conduit.
(l)
All solar energy facility or system components shall be clearly
labeled with warning concerning voltage and other important electrical
safety information. The universal isolation switch, or equivalent
device, shall be easily accessible by first responders and clearly
labeled.
(m)
Solar energy facilities or systems shall not be used for advertising.
Manufacturers and equipment information, safety warnings and ownership
information may be displayed provided such information complies with
applicable sign regulations.
(n)
Owners of solar energy facilities are encouraged, but not required,
to obtain solar easements from neighboring properties to ensure solar
access. The Township does not guarantee and will not protect any individual
property rights with respect to solar access.
(o)
Solar modules shall be positioned to prevent solar glare upon
any neighboring properties or any public or private street, and to
prevent additional heat load upon neighboring properties. The latest
version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used
per its user's manual to evaluate solar glare. The full report shall
be sent to the municipality at least 30 days before the first public
meeting that will discuss the project.
(p)
Decommissioning requirements. If a solar energy facility remains
nonfunctional or inoperative for a continuous period of two years,
the facility shall be deemed abandoned and shall constitute a public
nuisance, unless the owner demonstrates good faith intent to sell
the facility. Within six months of abandonment, the owner shall remove
the system after a demolition permit has been obtained in accordance
with the following:
[1]
Any aboveground mechanical equipment, wiring, and structural
components shall be removed.
[2]
Underground wiring and structural components shall be removed
and the resulting void space filled.
[3]
When a solar energy facility is removed, any disturbed earth
as a result of the removal shall be restored, graded and reseeded.
H.
A Accessory Uses.
(1)
A-1 Accessory Apartments for Family Members. One apartment accessory
to a single-family detached dwelling shall be permitted provided the
following conditions are met. The intent of these provisions is to
allow for immediate family members to reside on the premises, but
to prohibit the creation of for-profit apartments in districts where
multifamily housing is not otherwise permitted.
(a)
The accessory apartment shall occupy no more than 800 square
feet in floor area.
(b)
The accessory apartment may contain separate cooking, sleeping,
living and bathroom facilities.
(c)
The accessory apartment shall be part of the principal residence
and shall not be located in a basement or in an accessory building.
(d)
The accessory apartment shall be occupied only by related family
members such as elderly parents or dependent adult children.
(e)
There shall be no changes to the exterior of the residence which
suggest that the dwelling unit is other than a single-family detached
dwelling or which would otherwise detract from the single-family character
of the neighborhood.
(f)
No more than one accessory apartment shall be permitted per
single-family detached dwelling.
(g)
Each accessory apartment shall be registered with the Township
Zoning Officer who shall keep a record of its use to insure that the
intent of this chapter is being met and shall comply with all applicable
Township ordinances and regulations.
(h)
Parking. One additional off-street parking space is required
for the accessory apartment use.
(2)
A-2 Dwelling in Combination With a Business. One dwelling unit
accessory to an existing or permitted business, commercial or industrial
use is permitted provided said unit is occupied by owner or employee
employed on the premises, or the immediate family of such owner or
such employee, and is located to the rear of or over said nonresidential
use.
(3)
A-3 Family Day-Care. Day-care service provided on a regular
basis for compensation is permitted as a residential accessory use
in a single-family detached dwelling only and provided that:
(a)
The use shall be limited to a maximum of six children.
(b)
No outdoor advertising is permitted.
(c)
No more than one nonresident employee shall be permitted.
(d)
Hours of operations shall be from 6:00 a.m. to 10:00 p.m.
(e)
A family day-care use shall be registered with the Township
Zoning Officer who shall keep a record of its use to insure that the
intent of this chapter is being met and shall comply with all applicable
Township ordinances and regulations.
(f)
A fenced play area shall be located in the rear yard only and
shall be not less than 50 square feet per child.
(g)
Fencing shall be in accordance with the pool fencing standards
of this chapter.
(h)
Parking: one additional off-street parking space for each three
children, plus one space for the nonresident employee if applicable.
(4)
A-4 Home Occupation. A home occupation shall be accessory to
a residence and shall be located and carried on entirely indoors and
within a dwelling in which the practitioner resides, or other structure
accessory thereto, and shall be clearly incidental and subordinate
to its use for residential purposes by its occupants and shall be
limited to the following uses or uses of the same general nature and
character and shall be subject to the following regulations:
(a)
Professional office or studio of a doctor, dentist, tutor, artist,
architect, musician, lawyer, engineer, planner, or practitioner of
a similar professional character.
(b)
All home occupation uses shall be registered with the Township
Zoning Officer who shall keep a record of its use to insure that the
intent of this chapter is being met and shall comply with all applicable
Township ordinances and regulations.
(c)
Uses authorized by this section as accessory to a dwelling shall
comply with the following provisions:
[1]
Accessory home occupation uses shall not include a business;
clinic or hospital; animal hospital; commercial stable; kennel; funeral
parlor; undertaking establishment; eating place; rooming, boarding,
and lodging house; barbershop; beauty parlor; other personal service
shop, or other similar use.
[2]
The home occupation shall be carried on only by inhabitants
of the dwelling and not more than one additional employee.
[3]
There shall be no use of show windows, display, or advertising
visible outside the premises, except signs as provided for herein.
[4]
There shall be no exterior storage of materials or parking of
commercial vehicles other than one vehicle with a maximum gross vehicle
weight not to exceed 3/4 of one ton provided said vehicle is parked
on the subject lot.
[5]
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 the residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than an identification sign as provided
for herein.
[6]
No articles shall be sold or offered for sale on the premises
or routinely sold as part of the services provided by the home occupation.
[7]
Servicing by large commercial vehicles in excess of one truck
per week shall not be permitted.
[8]
The floor area devoted exclusively to a home occupation shall
not be more than 25% of the gross habitable floor area of the principal
residential structure or 600 square feet, whichever is less.
(d)
No equipment or process shall be used in such employment or
occupation which creates discernible noise, vibration, glare, fumes,
odors or electrical interference at the property line, and no equipment
or process shall be used which creates visual or audible interference
in any radio or television receiver off the lot or causes fluctuations
in line voltage off the lot.
(e)
Parking: one additional off-street parking space per each 150
square feet of gross floor area of the home occupation use, plus the
required parking for the principal residential use of the property,
with a maximum of six off-street parking spaces per lot.
(f)
Any accessory structure being utilized, in whole or in part,
for a home occupation shall conform to the residential use setback
requirements of the underlying district, without regard for any alternative
setbacks for accessory structures.
[Added 12-19-2001 by Ord. No. 01-10]
(5)
A-5 Livestock in Residential Areas. Livestock and accessory
buildings for livestock use is permitted as accessory to a single-family
detached dwelling on a minimum lot size of five acres provided:
(b)
All livestock shall be kept a minimum of 25 feet from all property
lines.
(c)
No persons owning or keeping livestock shall maintain such so
as to create any health, odor, or safety hazard.
(d)
Any buildings used for the shelter or housing of livestock shall
be located not less than 100 feet from any lot lines.
(6)
A-6 Outside Storage. Outside storage necessary and incidental
to the normal operation of a primary nonresidential use, including
agriculture, shall be permitted subject to the following provisions:
(a)
No part of the street right-of-way, no sidewalks or other areas
intended or designed for pedestrian use, no required parking areas,
and no part of the required front yard shall be occupied or used for
outside storage.
(b)
Agriculture, nursery, automotive sales, truck terminal and lumber
yards shall have no more than 25% of the lot area used for outside
storage.
(c)
Outside storage areas for all other uses shall be not more than
25% of the existing building coverage.
(d)
The storage of tractor trailers, panel trucks, vans, and similar
vehicles which supply or service establishments in commercial or industrial
districts shall be permitted provided that such vehicles shall be
used by the establishment in the normal conduct of their business.
(e)
No outdoor storage of hazardous materials shall be permitted.
(7)
A-7 Recreational Vehicles. Campers, recreational vehicles and
boats may be stored on the premises by the occupants of the premises
only provided that:
(8)
A-8 Residential Accessory Structure or Use.
(a)
Parking spaces for the parking of passenger automobiles; parking
of one commercial vehicle not exceeding 3/4 of one ton in maximum
gross vehicle weight, or the parking of one school bus on a temporary
daytime basis only.
(c)
The following residential accessory structures shall be permitted
in conjunction with single-family detached and single-family semidetached
dwellings only:
[1]
Buildings such as storage sheds, private greenhouses and gazebos.
[2]
Detached garages for personal vehicles.
[3]
Private swimming pools.
[4]
Accessory structure detached from, but located on the same lot
as the principal structure, the use of which is incidental and accessory
to that of the principal structure.
[5]
Sports courts.
[Added 12-19-2001 by Ord. No. 01-10]
[6]
Any accessory structure permitted under this section shall comply
with the setbacks established for accessory buildings in the district
in which the accessory structure is to be located.
[Added 12-19-2001 by Ord. No. 01-10]
(10)
A-10 Swimming Pool. The following regulations shall apply to
private swimming pools which are accessory to single-family detached
and single-family semidetached dwellings. Private swimming pools shall
not be permitted as an accessory use to an individual unit of a multifamily
dwelling. Common quasi-public pools shall be permitted for single-family
attached or multifamily developments when owned, maintained and operated
by any individual, firm, corporation, club, or association of persons.
(a)
No person, owner or occupant of land shall install or maintain
a swimming pool or other artificial body of water capable of being
filled to a depth exceeding 24 inches at the deepest or lowest point
unless a building permit is first obtained from the Township and the
required plans and information are filed, together with required permit
fees. Ornamental pools and wading pools which do not exceed 24 inches
in depth are exempt from these provisions. Swimming pools shall include
any pool, regardless of design or construction materials or the permanency
of its location both above and below ground level, which is built,
erected or used for the purpose of bathing or swimming and all buildings,
equipment and appurtenances thereto. This chapter shall apply to public
swimming pools used and maintained by any individual, firm, corporation,
club or association of persons for use by the public or members and
their invitees or guests. In the case of public swimming pools, this
use need not be accessory to a residential use.
(b)
All pools for single-family detached and semidetached dwellings
shall be located in the rear yard only.
(c)
Each pool area and the paving, coping surrounding same, and
all equipment associated therewith shall be located not less than
the distance permitted for accessory structures within the subject
district.
(d)
Any pool or area subject thereto shall be suitably designed,
located and maintained so as not to become a nuisance or hazard either
to adjoining property owners or the public generally. All detachable
or foldable ladders shall be removed or locked in its folded upright
position when the pool is not in use.
(e)
Outdoor lighting, if used, shall be installed in such a way
as to be shielded and not to reflect toward or into the interior of
adjacent residential properties.
(f)
A minimum horizontal isolation distance of 10 feet shall be
required between a swimming pool apron and the perimeter of a tank,
absorption area and/or any lines or equipment of a private on-site
sewage disposal system.
(g)
All pool installations shall conform to all applicable building
codes.
(h)
It shall be a violation of this chapter to cause or allow drainage
onto adjoining land.
(i)
No pool shall be located under any electric power lines (including
service lines), and the pool must be located at least 10 feet (measured
horizontally) from such power lines.
(j)
Fencing of pools. All pool fencing must comply with the requirements
of that section of the Code of Towamencin Township applicable to swimming
pools.
[Amended 10-8-2014 by Ord. No. 14-11]
(11)
A-11 Temporary Structures and Vehicles. Structures or vehicles
necessary during construction or other special circumstances of a
nonrecurring nature. Said use shall be registered with the Township
Zoning Officer who shall keep a record of its use to insure that the
intent of this chapter is being met and shall comply with all applicable
Township ordinances and regulations.
(12)
A-12 Nonresidential accessory buildings. Accessory buildings
to nonresidential uses shall be permitted, provided:
[Amended 12-17-2003 by Ord. No. 03-09]
(a)
The yard requirements for the primary use are met.
(b)
The maximum height of said structures shall be 24 feet or the
height of the primary building, whichever is less.
(c)
No outdoor storage of vehicles or equipment is permitted.
(d)
The buildings must be placed within the side or rear portion
of the building envelope so to not be visible from the street(s).
Any visual impact to the street(s) must be screened with a minimum
Class B buffer as defined by the Subdivision and Land Development
Ordinance.[11]
(e)
Storage of hazardous or flammable materials is prohibited.
(f)
The hours of operation shall be consistent with those of the
primary building.
(g)
Exterior lighting shall be placed not higher than 25 feet above
grade and shall be screened so to not permit the source of illumination
to be seen from off the premises. Only incandescent or color-corrected
types of illumination shall be used. The hours of illumination of
such lights shall be limited to the hours of 10:00 p.m. to 6:00 a.m.
(h)
The nonresidential accessory building and primary building(s)
must be under common ownership.
(i)
The nonresidential storage building shall not exceed 9,000 square
feet.
(j)
Private community pools, pool houses, and pool equipment buildings
shall fall under the requirements of this section.
(k)
All subdivision and land development requirements must be met
prior to issuance of permits.
(13)
A-13 Accessory Business Park or Business Center Uses. The following
accessory uses shall be permitted as part of a planned business park
or business center provided that they are clearly incidental to the
B-4 Planned Business Park or B-5 Business Center use types, and said
uses are designed and primarily intended to serve the employees of
the business park development:
(a)
Warehousing and storage as an accessory use to a permitted use
provided one or more of these accessory uses shall not exceed 10%
of the total floor area of the permitted use in each building.
(b)
Adult or child day-care center that is primarily intended to
serve the relatives of persons working within the planned business
park or business center, provided it is accommodated within the same
building as the permitted use.
(c)
Cafeteria, exercise or recreation facilities intended for employees
and their occasional guests within the planned business park or business
center, provided it is accommodated within the same building as the
permitted use.
(d)
Hair cutting/styling, ticket agency, tailoring, shoe shining
and repair, dry cleaning pickup and dropoff, travel agencies and closely
similar personal service uses within a hotel and limited to a maximum
of 5% of the total floor area of such building.
(e)
Related, incidental and appropriate retail sales within a hotel
or office building and limited to a maximum of 5% of the total floor
area of such building.
(f)
Education or training center, provided it is accommodated within
the same building as the permitted use.
(g)
Any building permitted as an accessory use shall be architecturally
compatible with the permitted use building.
(h)
The following accessory uses may be permitted by special exception subject to compliance with the requirements of Subsection H(13)(h)[4] below:
[1]
Food preparation facility. A building for the preparation
of food products for sale and consumption off-site provided that said
preparation shall not include the use of high temperature oils such
as deep frying and the slaughtering or butchering of animals.
[2]
Dental or optical lab which shall not include on-site
sales.
[3]
Photo lab which shall not include on-site sales.
[4]
The accessory uses that may be permitted by special
exception shall also:
[a]
Be consistent with the intent of the planned business
park or business center use, as set forth herein;
[b]
Be ancillary to a permitted use;
[c]
Be in a separate building from such permitted use;
[d]
Be limited in square footage to a maximum of 15%
of the total floor area of the district (per final plan approval);
[f]
Have separate and restricted access for commercial
vehicles only from internal roadways and parking for the balance of
the site.
(14)
A-14 Home Office. A home office shall be accessory to a residence
and shall be located and carried on entirely indoors and within a
dwelling in which the practitioner resides, or other structure accessory
thereto, and shall be clearly incidental and subordinate to its use
for residential purposes by its occupants and shall be limited to
the following uses or uses of the same general nature and character
and shall be subject to the following regulations:
[Added 12-19-2001 by Ord. No. 01-10]
(a)
All home office uses shall be registered with the Township Zoning
Officer who shall keep a record of its use to insure that the intent
of this chapter is being met and shall comply with all applicable
Township ordinances and regulations.
(b)
Uses authorized by this section as accessory to a dwelling shall
comply with the following provisions:
[1]
Accessory home office uses shall not include a
clinic or hospital; animal hospital; commercial stable; kennel; funeral
parlor; undertaking establishment; eating place; rooming, boarding,
and lodging house; barbershop; beauty parlor; other personal service
shop, or other similar use.
[2]
The home office shall be carried on only by inhabitants
of the dwelling.
[3]
There shall be no use of show windows, display,
or advertising visible outside the premises.
[4]
There shall be no exterior storage of materials
or parking of commercial vehicles.
[5]
In no way shall the appearance of the residential
structure be altered or the office within the residence be conducted
in a manner which would cause the premises to differ from the residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients.
[6]
No articles shall be sold or offered for sale on
the premises. Orders for items may be taken as a part of the home
office use only when the items are not located on the subject property
and are shipped directly from an off-site warehouse or other facility
to the customer.
[7]
Servicing by large commercial vehicles shall not
be permitted.
[8]
No services shall be provided at the property for
customers or clients. Customer/client utilization of the home office
shall be limited to access via telephone, Internet, or such other
similar off-site access.
[9]
The floor area devoted exclusively to a home occupation
shall not be more than 25% of the gross habitable floor area of the
principal residential structure or 400 square feet, whichever is less.
(c)
No equipment or process shall be used in such employment or
occupation which creates discernible noise, vibration, glare, fumes,
odors or electrical interference at the property line and no equipment
or process shall be used which creates visual or audible interference
in any radio or television receiver off the lot or causes fluctuations
in line voltage off the lot.
(d)
Any accessory structure being utilized, in whole or in part,
for a home office shall conform to the residential use setback requirements
of the underlying district, without regard for any alternative setbacks
for accessory structures (e.g., if a district has a residential use
side yard setback of 30 feet, and an accessory structure setback of
10 feet, the accessory structure may only be utilized for a home office
use when it complies with the thirty-foot residential use setback
requirement).
(15)
A-15 Convenience Window. A convenience window, which is a drive-up
window for the purpose of paying for and receiving previously ordered
products, which is accessory to a permitted use shall be permitted
provided it meets all of the following:
[Added 12-19-2001 by Ord. No. 01-10]
(a)
The convenience window/service area shall be an integral part
of the interior circulation pattern. No direct access to a public
road shall be permitted from the convenience window aisle.
(b)
The stacking lanes shall be provided to serve a minimum of four
cars. The stacking lane shall not be used for parking lot circulation
aisles, nor shall it in any way conflict with through circulation
or parking.
(c)
No ordering of services or products may take place at the convenience
window. The convenience window is solely for the picking up and payment
for products previously ordered.
(d)
No alcoholic beverages, cigarettes, or pornographic materials,
or any other services or products that require the verification of
identification and age, may be served at a convenience window.
(16)
A-16 Accessory Limited Retail Sales. Limited retail sales as an accessory use are permitted by conditional use within manufacturing, fabricating, processing, and wholesale warehouse buildings in accordance with the following standards and those contained within Article X, Conditional Uses, of the Zoning Ordinance:
[Added 4-24-2002 by Ord. No. 02-3]
(a)
Retail sales are limited to those items manufactured, fabricated
or processed on site or distributed on a wholesale basis from the
site.
(b)
Retail sales area. Retail sales will be permitted only in a
physically separate and segregated sales area in the same building
as the primary use and shall have a maximum allowable area of 10%
of the gross floor area or 3,000 square feet, whichever is less.
(c)
Retail sales customers shall shop only in the retail sales area.
(d)
Retail sales shall be conducted only during the hours of operation
for the principal use. The hours of operation for the retail sale
use shall be limited, however, to 8:00 a.m. to 7:00 p.m., Monday through
Friday, and 10:00 a.m. to 3:00 p.m. on Saturday.
(e)
There must be a separate entrance for retail sales area from
the building's primary entrance.
(f)
Retail sales shall be conducted only by the same ownership and
under the same lease as the primary use.
(g)
One additional parking space shall be provided for each 300
square feet of retail gross floor area. All required parking must
be reserved exclusively for use of retail customers and employees
and located adjacent to the entrance for the retail sales area.
(17)
A-17 Solar Energy System, Roof-Mounted. An alternative energy
system that consists of one or more building-mounted or integrated
solar collection devices, solar energy related equipment and associated
infrastructure with the primary intention of generating electricity
or otherwise converting solar energy to a different form of energy
to reduce onsite consumption of purchased power, when a property upon
which the system is installed also receives electricity supplied by
a utility company. The solar energy system shall be designed to supply
no more power than required by the principal use on the property and
shall not be used for the generation of power for the sale of energy
to other users, although this provision shall not be interpreted to
prohibit the sale of excess power generated from time to time to the
local utility company in accordance with applicable law and regulation.
[Added 2-26-2015 by Ord.
No. 15-03; amended 5-27-2015 by Ord. No. 15-07]
(a)
Roof-mounted systems shall conform to the height regulations
of the underlying zoning district.
(b)
Building-mounted systems on a pitched roof shall meet the following
requirements:
[1]
The design must meet the requirements as contained
within the most recent version of the International Fire Code (IFC)
for setbacks, access and pathways related to emergency access and
response procedures.
[2]
The highest point of the system shall not exceed
the highest point of the roof to which it is attached.
(c)
Building-mounted systems on a flat roof shall meet the following
requirements:
[1]
On a flat roof, the design must meet the requirements
as contained within the most recent version of the International Fire
Code (IFC) for setbacks, access and pathways related to emergency
access and response procedures.
[2]
The highest point of the system shall not exceed
three feet above the rooftop and shall not exceed the maximum building
height for the district in which it is located.
(d)
Solar energy systems shall conform to the requirements in § 153-502G(4)(i) through (o).
(e)
Decommissioning requirements. If a solar energy system remains
nonfunctional or inoperative for a continuous period of one year,
the system shall be deemed abandoned and shall constitute a public
nuisance. Within six months of abandonment, the owner shall remove
the system after a demolition permit has been obtained in accordance
with the following:
[1]
Any aboveground mechanical equipment, wiring, and
structural components shall be removed.
[2]
Underground wiring and structural components shall
be removed and the resulting void space filled.
[3]
When a solar energy system is removed, any disturbed
earth as a result of the removal shall be restored, graded and reseeded.
(18)
A-18 Solar Energy System, Ground-Mounted. An alternative energy
system that consists of one or more ground-mounted or freestanding
solar collection devices, solar-energy-related equipment and associated
infrastructure with the primary intention of generating electricity
or otherwise converting solar energy to a different form of energy
to reduce on-site consumption of purchased power, when a property
upon which the system is installed also receives electricity supplied
by a utility company. The solar energy system shall be designed to
supply no more power than required by the principal use on the property
and shall not be used for the generation of power for the sale of
energy to other users, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time to
the local utility company in accordance with applicable laws and regulations.
[Added 2-26-2015 by Ord. No. 15-03]
(a)
Ground-mounted solar energy systems shall meet all of the building
setback requirements for a principal building, or 20 feet, whichever
is greater.
(b)
Ground-mounted solar energy systems shall not be located in
the front yard.
(c)
Ground-mounted systems shall not be located in the side yard
for lots less than two acres in size.
(d)
Ground-mounted systems shall not exceed 10 feet in height.
(e)
For ground-mounted systems, the system must be adequately screened
from adjacent properties and the street. The buffer plantings shall
be provided using a Class B buffer as defined in Subdivision and Land
Development Ordinance, excluding option five.[14]
(f)
Solar energy systems shall conform to the requirements in § 153-502G(4)(i) through (o).
(g)
Decommissioning requirements shall be as outlined in § 153-502H(17)(e).
(19)
A-19 Attached Exterior Refrigeration Units. An attached exterior
refrigeration unit shall be attached to the rear of an eating place
and shall be incidental and subordinate to, and used solely in connection
with, the eating place for the storage of raw materials, food products,
beverages and consumer products sold within the eating place. This
shall not include facilities with drive-through windows.
[Added 2-26-2015 by Ord. No. 15-04]
(a)
Attached exterior refrigeration units shall not exceed 100 square
feet in size.
(b)
Attached exterior refrigeration units shall only be accessible
from within the primary structure and have no exterior doors.
(c)
Attached exterior refrigeration units' access doors shall not
have a locking feature.
(d)
Attached exterior refrigeration units shall be placed on an
approved concrete pad.
(e)
Attached exterior refrigeration units shall have the same likeness
and character of the building to which they are attached. This shall
be approved by the Zoning Officer through the zoning permit process.
(f)
Attached exterior refrigeration units may be installed and continue
along the side of a conforming or nonconforming building, as long
as the attached exterior refrigeration unit does not encroach further
into any required yard than the existing building. Attached exterior
refrigeration units shall have concrete or steel bollards to protect
the unit from damage if it is located within five feet of a parking
area.
(g)
Attached exterior refrigeration units shall comply with the
current Mechanical Code standards adopted by the Pennsylvania Department
of Labor and Towamencin Township.
(h)
Suitable buffer landscaping shall be installed along the side
of the attached exterior refrigeration unit that is adjacent to the
cartway of a street, such landscaping to be approved by the Zoning
Officer through the zoning permit process.
(20)
A-20 Wind Energy System. An alternative energy system that consists
of a pole-mounted wind turbine, wind energy related equipment and
associated infrastructure with the primary intention of generating
electricity or otherwise converting wind energy to a different form
of energy to reduce onsite consumption of purchased power, when a
property upon which the system is installed also receives electricity
supplied by a utility company. The wind energy system shall be designed
to supply no more power than required by the principal use on the
property and shall not be used for the generation of power for the
sale of energy to other users, although this provision shall not be
interpreted to prohibit the sale of excess power generated from time
to time to the local utility company in accordance with applicable
law and regulation. In no case shall the wind energy system have a
rated capacity greater than 100 kW.
[Added 2-24-2016 by Ord.
No. 16-03]
(a)
A wind energy system shall be permitted as an accessory use
only.
(b)
No wind energy system shall be permitted in any required open
space area that has been set aside as part of an approved development.
(c)
All wind energy systems shall be freestanding pole or self-supporting
lattice structures with no guy wires. Roof-mounted windmills are not
permitted.
(d)
Every proposed wind energy system shall be designed and engineered
to provide for safe operation. Detailed engineering plans, prepared
by a licensed professional engineer, for all proposed wind energy
systems shall be submitted with applications for review and approval
of the Township Engineer.
(e)
All wind energy systems, including the supporting structure,
shall comply with all applicable local, state and federal construction
and electrical codes.
(f)
All electrical wiring leading to or from a wind energy system
shall be located underground.
(g)
Dimensional requirements:
[1]
Wind energy systems must be located no closer to
any street than the principal structure on the property. No wind energy
systems may be placed in the front yard.
[2]
All wind energy systems shall be set back a minimum
of 1.2 times the height of the structure, including the blade as extended
to its highest position, from any lot line, aboveground utility line
or pole and from any occupied structure on the same lot.
[3]
The maximum height of a wind energy system shall
be 55 feet from finished grade including the pole or mounting structure
and the blade when extended to its highest position.
[4]
The minimum lot size on which a wind energy system
is permitted is one acre.
[5]
There shall be a maximum of one wind turbine per
one acre of property on a single parcel or multiple parcels in single
ownership.
[6]
The minimum distance between the finished grade
to the wind energy system blade at its lowest point shall be no less
than 15 feet.
(h)
All surfaces of the wind energy systems shall be a nonobtrusive,
nonreflective color such as white, off-white or gray.
(i)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access. The ground level
equipment and structures shall be provided with a buffer screen along
the sides facing adjacent property owners and street rights-of-way
to the satisfaction of the Township Engineer.
(j)
The wind energy system shall not be artificially lighted unless
required by the Federal Aviation Administration.
(k)
The wind energy system shall not display advertising except
for reasonable identification of the manufacturer.
(l)
A minimum of one hazard warning sign shall be posted near ground
level at the base of the wind energy system.
(m)
The ambient noise level, under normal operating conditions, measured at the property line shall not exceed the limits in the Noise Ordinance (Chapter 103).
(n)
Wind energy systems shall not be climbable up to 15 feet above
grade level.
(o)
The owner of the wind energy system shall take reasonable steps
to minimize or eliminate shadow flicker on any regularly occupied
adjacent structure.
(p)
Abandonment. Any wind energy system that has not been in active
and continuous service for a period of one year shall be removed from
the property to a place of safe and legal disposal. All structures
or enclosures accessory to the wind energy systems shall be completely
removed from the property. The former wind energy system site shall
be restored to a natural condition as soon as possible, but no later
than six months after removal of the system.
