[Ord. 2017-02, 3/28/2017]
Some uses require specific additional requirements supplemental
to those listed elsewhere in this chapter. The requirements of this
Part apply to those uses.
[Ord. 2017-02, 3/28/2017]
1.
Agriculturally Oriented Commercial Establishment: farm retail or
manufacturing uses, including but not limited to implement dealers,
feed mills and other similar uses.
2.
Animal Hospital: hospital for the care of animals and pets.
A.
All animal boarding buildings that are not wholly enclosed, and any
outdoor animal pens, stalls, or runways, shall be located within the
rear yard.
B.
All animal boarding buildings that are not wholly enclosed, and any
outdoor animal pens, stalls, or runways, shall be a minimum of 100
feet from all property lines.
C.
All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of the animals; all such enclosures shall be set back a
minimum of 20 feet from all property lines.
3.
Animal Husbandry: the raising and keeping of livestock and poultry
not classified as intensive agriculture. This includes, but is not
limited to, cattle, goats, rabbits, fowl, and sheep.
A.
The amount of livestock, fowl, etc., cannot exceed the amount defined
as an intensive agricultural operation to qualify as "animal husbandry."
B.
Any building used for the keeping or raising of livestock or poultry
shall be situated not less than 200 feet from any street right-of-way
line, dwelling, or well other than the owner's dwelling or well, or
any property line adjacent to a residential zoning district or existing
residential property.
C.
The raising of garbage-fed animals and rodents is not permitted.
D.
Riding academies, livery or boarding stables, commercial dog kennels,
and the raising of animals for fur or skins are not included in this
use.
E.
Stabling, Shelters, and/or Housing. All stabling, shelters, and/or
housing of animals shall be constructed of suitable materials providing
adequate protection of the animal from weather elements, predators,
and other similar dangers. The structure shall provide sufficient
ventilation and sunlight to the animal(s). The structure shall have
a roof, and all materials shall be securely attached to the structural
elements of the stable, shelter, or housing. Stable, shelters, or
housing made of materials unsupported or unattached will not be permitted.
F.
Animals not tied, leashed, chained, or haltered shall be within a
fenced area. The fence is to be of suitable materials, such as wood
or metal, providing proper control and constraint of the animal and
protection of the public. The fence shall be installed pursuant to
the appropriate regulations of this chapter.
G.
Animal runs, corrals, and yards in which the animals are kept, exercised,
and trained shall be maintained in good condition. Ground areas shall
be maintained so as to prevent runoff of soil and/or any debris storage
to surrounding properties. The areas shall be so graded to prevent
accumulation of stormwater runoff. These runs, corrals, and yards
shall be at least 200 feet from any property line.
4.
Aviaries, Hatcheries and Apiaries (complying with all state and federal
regulations).
5.
Commercial Forestry: the cutting down of greater than 10 trees from
a property within a year's time for the purpose of selling the trees.
Timber stand improvement is permitted in all existing wooded areas;
however, no timber may be cut under 14 inches in diameter measured
five feet high from ground except under the following conditions:
A.
All dead trees may be removed regardless of diameter.
B.
No more than 20% of the existing tree cover may be removed from the
tract, regardless of diameter.
C.
The planting and harvesting of Christmas trees is permitted.
D.
An erosion control plan must be approved by the County Conservation
District.
6.
Commercial Greenhouse/Nursery Retail Sales.
A.
Cold Frame: a small, temporary structure covered with glass or some
other transparent material used to protect plants. A cold frame which
remains on the ground more than three months in a calendar year shall
be considered a greenhouse pursuant to this chapter.
B.
Greenhouse: a building, usually made of glass or some other transparent
material, used for the cultivation, storage, or protection of plants.
A cold frame which remains on the ground for more than three months
in a calendar year shall be considered a greenhouse.
C.
Plant Nursery: the outdoor raising of plants, shrubs, and trees for
sale and transportation.
(1)
Safe access must be provided to a collector or arterial road
in accordance with Township standards. No direct access to a local
road is permitted.
(2)
Parking areas and access drives must meet Township standards;
however, depending upon their location, the Board of Supervisors may
waive the parking lot paving requirement.
(3)
Off-street parking is required at one space per employee plus
one space for each 100 square feet of retail area.
(4)
The display and sale of items not grown on the premises shall
be incidental to the nursery operation. The display area for these
items shall not exceed 25% of the total gross display and sales area
on the subject property. The display, sale, or repair of motorized
nursery or garden equipment shall not be permitted.
(5)
All outdoor display areas shall be set back at least 25 feet
from the street right-of-way line.
(6)
All structural improvements (including parking and loading facilities,
but not including a freestanding sign) shall be screened from adjoining
residentially zoned properties.
(7)
One freestanding or attached sign may be permitted advertising
the business. Such sign shall not exceed 12 square feet in size and
must be set back at least 15 feet from all lot lines.
7.
Intensive Agricultural Operations.
A.
Agricultual Operations: the management and use of farming resources
for the production of crops, livestock, or poultry.
C.
Concentrated Animal Operations: those agricultural operations where
the animal density exceeds two AEUs per acre on an annualized basis.
D.
Intensive Agricultural Facility: any building or structure used in
conjunction with an intensive agricultural operation.
E.
Intensive Agricultural Operations: specialized agricultural activities,
including, but not limited to, mushroom, pig, poultry, and dry lot
livestock production which, due to the intensity of production, necessitate
special control of operation, raw material storage and processing,
and the disposal of liquid and solid wastes. Any operation meeting
the definition of a "concentrated animal operation," as defined by
the State Nutrient Management Act,[2] as may be amended from time to time, is to be considered
intensive agriculture.
(1)
The minimum lot size shall be 20 acres.
(2)
The maximum impervious lot coverage shall be 10%.
(3)
No intensive livestock facility shall be permitted within 500
feet of any residential zoning district.
(4)
No intensive livestock facility shall be permitted within 300
feet of any existing residential structure (except a residential structure
located on the premises of the facility).
(5)
No intensive livestock facility shall be permitted within 200
feet of any property line, well, or right-of-way line, as determined
by the Board of Supervisors.
(6)
Where it is shown that, because of prevailing winds, topography,
unusual obstructions, or other conditions, a lesser distance would
protect adjoining lands from odor, dust, or other hazards, the Board
of Supervisors may as a conditional use reduce the above special setback
requirements. In no case, however, shall the Board of Supervisors
reduce any special setback requirement to less than 100 feet. The
burden shall be on the applicant to prove that a lesser distance would
not be detrimental to the health, safety, and general welfare of the
community.
(7)
Any subdivision or land development plans prepared for intensive
operation shall show the setbacks required.
(8)
The raising of garbage-fed animals and rodents is not permitted.
(9)
Stabling, Shelters, and/or Housing. All stabling, shelters,
and/or housing of animals shall be constructed of suitable materials
providing adequate protection of the animal from weather elements,
predators and other similar dangers. The structure shall provide sufficient
ventilation and sunlight to the animal(s). The structure shall have
a roof, and all materials shall be securely attached to the structural
elements of the stable, shelter, or housing. Stable, shelters, or
housing made of materials unsupported or unattached will not be permitted.
(10)
Animals not tied, leashed, chained, or haltered shall be within
a fenced area. The fence is to be of suitable material, such as wood
or metal, providing proper control and constraint of the animal and
protection of the public. The fence shall be installed pursuant to
the appropriate regulations of this chapter.
(11)
Animal runs, corrals, and yards in which the animals are kept,
exercised, and trained shall be maintained so as to prevent runoff
of soil and/or any debris storage to surrounding properties. The areas
shall be so graded to prevent accumulation of stormwater runoff. These
runs, corrals, and yards shall be at least 200 feet from any property
line or dwelling other than the owner's dwelling.
[2]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
8.
Kennel or Stable: any lot on which four or more dogs or horses are
kept at any point in time, boarded, bred, or trained, for fee or not
for fee, whether in special buildings or runways, including, but not
limited to, dog and cat kennels, horse stables or riding academies.
A.
A minimum lot area of six acres is required.
B.
Animals not tied, leashed, chained, or haltered shall be within a
fenced area. The fence is to be of suitable material, such as wood
or metal, providing proper control and constraint of the animal and
protection of the public. The fence shall be installed pursuant to
the appropriate regulations of this chapter.
C.
Stabling, Shelters, and/or Housing. All stabling, shelters, and/or
housing of animals shall be constructed of suitable materials providing
protection for the animal. Sufficient ventilation and sunlight shall
be provided in the structure. The structure shall have a roof, and
all materials shall be securely attached to the structural elements
of the stable, shelter, or housing. Stable, shelters, or housing made
of materials unsupported or unattached will not be permitted. No feed
storage shall be in open unprotected areas which will be attractive
to varmints or rodents.
D.
Location of stables, shelters, and/or housing, runs, corrals, and
exercise yards of animals shall be over a minimum distance of 100
feet from the property line and not within 200 feet of any dwelling
other than the owner's dwelling; and further providing that no building
or fencing yards used in such connection shall be maintained or established
within such distance. All such buildings, fencing, and yards are to
be located to the rear of the main structure or dwelling.
9.
Plant Nursery: See "Commercial Greenhouse/Nursery Retail Sales."
10.
Winery/Vineyard.
A.
Winery: a place where wine is produced, bottled and sold. A winery
processes grapes and other fruit or vegetables to produce wine or
spirits, but not malt or distilled beverages. Processing includes:
crushing, fermenting, blending, aging, storage, bottling, administrative
office functions for the winery, the associated warehouse and wholesale
sales of the winery. Any other activities associated with a winery,
including but not limited to retail sales, shall be limited as set
forth elsewhere in this chapter.
B.
Vineyard: ground planted with grapevines cultivated for the purpose
of producing wine. A vineyard is used exclusively for the production
of grapes and other fruit-bearing crops which may be made into wine.
The term "vineyard" shall not include a winery, which is a separate
use.
(1)
Retail sales of agricultural commodities other than wine or cider shall meet the limitation of § 27-1420.
(2)
Retail sales of nonagricultural commodities shall be limited
to wine-related items, including, but not limited to, corkscrews,
wine glasses, wine carriers, wine gift baskets, and similar items;
clothing items, including the name of the winery; and books relating
to agricultural activities or wine.
(3)
Tastings shall be limited to wine and cider produced in the
wineries which are offered for sale in accordance with the requirements
of this section.
(4)
Not more than one building in which both retail sales and tastings
are conducted shall be permitted on any lot. Any building erected
after the effective date of this section for retail sales and tastings
shall not be located on prime agricultural soils.
(5)
Maximum Floor Area for Retail Accessory Uses. The maximum floor
area of a building which may be devoted to serving the customers shall
be 3,000 square feet. Floor area devoted to serving the customer shall
include any area for customer access and circulation, for the display
of products, including floor area devoted to counters, tables, display
cases, preparing products for customers and similar purposes. Floor
area not included in the area devoted to serving the customer would
include display areas outside the building or structure as well as
inside floor area for storage and processing of wine where customer
access is restricted, except for instructional tours related to the
winemaking process.
(6)
Off-street parking meeting the requirements of Part 19 shall
be provided for any retail use accessory to a winery. Off-street parking
areas shall not be located on more than 1/2 acre of prime agricultural
soils.
(7)
A separate zoning permit shall be required for a retail use accessory to a winery. The applicant desiring to establish a retail use accessory to a winery shall submit an application meeting all requirements of § 27-1801.
(8)
Guided tours of the winery and vineyard may be conducted. Off-street
parking for tours of the winery and vineyard shall be in addition
to the off-street parking for retail sales accessory to a winery.
[Ord. 2017-02, 3/28/2017]
1.
Assisted-Living Facility.
A.
Assisted-Living Facility or Residence: a residential facility operated
by a legal entity holding a certificate of compliance (license) issued
by the Commonwealth permitting the operation of the personal-care
home according to appropriate program licensure or approval regulations,
in which food, shelter, and personal assistance or supervision are
provided for a period of at least 14 days for four or more aged adults
who do not require hospitalization or skilled or intermediate nursing
care, or the services in or of a Commonwealth-licensed long-term-care
facility, but who may or may not, because of their advanced age, require
assistance or supervision in matters such as dressing, bathing, diet,
financial management, evacuation of a residence in the event of an
emergency, or medication prescribed for self-administration. Assisted-living
facilities and personal-care homes shall not be considered abused
person shelters or drug or other treatment centers as defined by this
chapter.
(1)
The minimum site area required for an assisted-living facility
shall be five acres.
(2)
The dwelling unit density shall not exceed 12 dwelling units
per acre.
(3)
Off-street parking shall be provided at the rate of one parking
space for each staff person on peak shift, plus one parking space
for each dwelling unit, plus one parking space for each 10 dwelling
units to be designated for visitor parking.
(4)
Common outdoor open space shall be provided on the site to accommodate
the leisure and recreational needs of the residents. These areas shall
be adequately buffered from any commercial uses on adjoining properties.
(5)
The facility shall be designed to maximize accessibility by
firefighting and emergency vehicles.
(6)
The facility shall be designed to provide a protected off-street
area for dropping off and picking up residents.
(7)
An assisted-living facility shall include a common dining area
and common leisure and/or recreational areas.
(8)
Supporting Uses.
(a)
An assisted-living facility may
include one or more of the following supporting uses, subject to approval
by the Board of Supervisors as part of the application for the use
by condition:
(b)
The foregoing uses shall be restricted to use by the residents
and staff only and shall be located within the principal building
or buildings which contain the dwelling units. There shall be no exterior
signs or other evidence of the uses visible from the outside of the
residential buildings.
2.
Boardinghouse (and associated definitions).
A.
Roomer, Boarder, or Lodger: a person occupying any room or group
of rooms forming a single, habitable unit used or intended to be used
for living and sleeping, but not for cooking or eating purposes, and
paying compensation for lodging or board and lodging by prearrangement
for a week or more at a time to an owner or operator. Any person occupying
such room or rooms and paying such compensation without prearrangement
or for less than a week at a time shall be classified for purposes
of this chapter not as a roomer, boarder, or lodger, but as a guest
of a commercial lodging establishment (motel, hotel, tourist home).
B.
Boardinghouse: any dwelling with fewer than 20 sleeping rooms in
which more than three persons, either individually or as families,
are commercially housed or lodged, with or without meals. A rooming
house or a furnished rooming house shall be deemed a boardinghouse.
3.
Conversion: the conversion of an existing building to a number of
dwelling units.
A.
Table of Dimensional Requirements.
|
Type of Dwelling Unit
|
Minimum Unit Size
(square feet)
|
Lot Area For Dwelling Unit
(square feet)
|
Parking Spaces per Dwelling Unit
| |
|---|---|---|---|---|
|
Efficiency
|
300
|
12,000
|
2.00
| |
|
1 bedroom
|
400
|
16,000
|
2.00
| |
|
2 bedrooms
|
500
|
20,000
|
2.00
| |
|
3 bedrooms
|
600
|
24,000
|
2.00
| |
|
4 bedroom
|
700
|
28,000
|
2.25
|
B.
The minimum lot area per dwelling unit shall be in addition to any
other lot area requirements. The minimum lot area for any use requiring
the use of an on-lot sewage disposal shall be one acre.
C.
The average size of the dwelling units in the converted structure
shall not be less than 400 square feet.
D.
Stairways leading to the second or any higher floor shall be located
within the walls of the building wherever practical, and stairways
and fire escapes shall otherwise be located on the rear wall in preference
to either side wall and in no case on a front wall or side wall facing
a street.
E.
Except as may be necessary for purposes of safety in accordance with
the preceding subsection, there shall be no major structural change
in the exterior of the building in connection with the conversion,
and after conversion the building shall retain substantially the same
structural appearance it had before such conversion.
F.
Yard dimensions shall be as specified in the particular zone for
single-family detached uses.
G.
All septic systems for conversions must be approved by the Department
of Environmental Protection.
H.
An approved alternate on-lot disposal area must be tested and reserved
on site for conversions using on-lot sewage.
4.
Continuing Care Facility: a form of residential use designed and
operated for individuals requiring medical and nonmedical support
facilities and services to provide progress care, from independent
living through extended care. A continuing care facility is subject
to the following provisions:
B.
Maximum Density. The maximum density for a continuing care facility shall be the highest density permitted in § 27-804, Area, Yard and Height Regulations, for the applicable district. In High Density zoning districts, the maximum density shall be four dwelling units per acre.
C.
Maximum impervious surface ratio: 35%.
D.
Support Facilities and Services. A continuing care facility may include
some or all of the following medical and nonmedical support facilities
and services, provided that they are clearly incidental to the primary
continuing care facility use.
E.
Retail facilities, such as those described in the assisted living
use regulations contained within this chapter, shall be for use of
residents and their guests only.
F.
Life-Care Nursing Facility: a health-care facility designed for the
temporary and long-term care of the residents of the life-care facility.
Nursing beds shall not exceed one bed per three dwelling units.
G.
Social Services. Residents of the continuing care facility may be
provided with social services, including, but not limited to, homemaker,
personal care and financial management services.
H.
Other support facilities may include, but are not limited to, lounge
areas, reading rooms, craft rooms, common dining facilities, exercise
rooms and recreational rooms.
I.
Open Space and Passive Recreational Area. At least 50% of the site
area must be maintained as open space, which shall not include detention
basins, parking lots, accessory buildings or any impervious surfaces
except those used for recreational purposes. At least 20% of the site,
which may be considered part of the open space, shall be developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walks. No outdoor sitting areas shall be located on
land subject to flooding or on slopes in excess of 5%.
J.
Off-Street Parking. There must be 0.85 off-street parking space per
bedroom in addition to one off-street parking space for each employee
on the largest shift.
K.
Fire Protection. All rooms in the life-care facility shall be provided
with sprinkler systems for fire protection and shall contain and be
served by wet, charged standpipes to the top floor.
L.
The developer of a life-care facility shall submit to the municipality
a transportation plan which shall outline a transportation service
for the residents of the life-care facility, to be provided by the
owner or manager, providing access to these services at reasonable
intervals. This plan must be approved by the municipality as a condition
for approval of use.
5.
Dwelling in Combination: a dwelling in combination with an existing
or proposed nonresidential use within the same building. Within the
Neighborhood Commercial District, dwellings in combination are allowed,
subject to conditional use approval. During its review of the conditional
use request, the Township shall consider:
A.
The requirements of § 27-1406, Subsection F, are modified as follows: "The proposed uses within the structure must be allowed in the district. The minimum lot area for this use is calculated using the lot area requirements in § 27-1502, Subsection 3 (Conversion) plus 20,000 square feet per nonresidential use proposed. It is not required to locate the uses to allow future subdivision."
C.
The minimum lot area where on-lot sewer is proposed is one acre.
D.
Adequate testing of an alternate on-lot sewer disposal area is required
where on-lot disposal is proposed.
6.
Housing for Older Persons: a residential development that is age-qualified
in accordance with federal regulations as provided in this section,
and which involves a unified development operated under common rules
with internal streets, landscaped areas along public streets, and
on-site recreation facilities. Any housing for older persons development
shall meet the following requirements:
B.
The following dwelling types shall be allowed within housing for
older persons development: single-family detached dwellings, single-family
semidetached dwellings and single-family attached dwellings. A minimum
of 25% of the total dwelling units shall be single-family detached
dwellings. A maximum of 33% of the total dwelling units shall be townhouses.
C.
Housing for older persons shall require a condominium association
or homeowners' association to maintain commonly owned areas, private
streets and other common facilities. All residents of the development
shall be required to pay necessary fees to the condominium association
or homeowners' association, with a proper enforcement mechanism as
provided by state law. The Township Solicitor shall review and approve
the association document.
D.
Although the developer may choose to provide private internal streets, this does not relieve the developer of meeting the requirements of providing for the connection to and/or extension of public roads to properties adjacent to the development (Allen Township Subdivision and Land Development reference, including, but not limited to, §§ 22-405E and 22-407, Subsection 3, and any such private streets shall be constructed to Allen Township standards and criteria.
E.
Each dwelling unit may be owned as a unit within a condominium, cooperative
or homeowners' association without the requirement of individual lot
lines.
F.
Each dwelling unit shall be served by public water and public sewage
services.
G.
The minimum base site area shall be 20 acres, which shall be controlled
by a single entity at the time of the subdivision and land development
application.
H.
Perimeter Planting Areas. The perimeter of housing for an older persons
development tract adjacent to the ultimate right-of-way of public
streets shall have a landscape planting and lawn area with a minimum
width of 20 feet along the length of such public street. This planting
area shall be outside of any required future/ultimate street right-of-way
but may overlap a required setback. No buildings shall be permitted
in the planting area. This planting area shall follow a planting plan
that is submitted to the Township for approval. This planting area
shall be maintained by the condominium association or homeowners'
association, who shall replace dead or diseased plantings within six
months of their death.
I.
Density: the maximum density shall be five units per acre.
J.
Maximum lot coverage: 50% of base site area.
K.
Each dwelling unit in a housing for older persons development shall
be limited by deed restriction, by condition of subdivision and land
development approval, and shall be expressly intended for older persons
as defined in the Federal Fair Housing Act, as amended in regulations
promulgated (or to be promulgated) thereunder.
L.
Declaration of Age Restriction. At the time of subdivision and land
development, as a prerequisite to recording of any final plan approved,
the developer shall record a declaration against the entire tract,
in a form acceptable to the Township, binding all properties and owners
to the restriction which shall require the permanent residents of
an age-qualified community residing in individual dwelling units within
the Age-Qualified (Overlay) District to the age 55 or older, and shall
require that with the exception of full-time caregivers, any resident
of an individual dwelling unit within the age-qualified community
under the age of 19 shall not reside in that unit for more than three
months in any calendar year.
M.
Each dwelling unit shall have a minimum setback of a) 30 feet from
the ultimate/future right-of-way of any public street, and b) 25 feet
from the edge of the cartway of any private street. The following
minimum separation distances shall apply between the walls of buildings:
a) 15 feet between sides of buildings, b) 25 feet between the rear
and the side of a building, and c) 40 feet between the rears of buildings.
N.
Common recreation area(s) shall be improved by the developer with private recreation facilities for the residents of the development and their occasional invited guests. Unless otherwise approved by the Board of Supervisors during subdivision and/or land development plan review, these recreation areas shall include, at a minimum, an indoor community center, an outdoor swimming pool and an accessory outdoor recreation area, such as facilities for games for seniors. The community center shall include a minimum of 25 square feet of interior building space per dwelling unit. The community center, at a minimum, shall include indoor exercise/fitness facilities, a multipurpose room, a kitchen, restrooms and areas for crafts and activities. These private recreation facilities shall not be in place of public recreation land dedication or recreation fees required by the Township Subdivision and Land Development Ordinance [Chapter 22]. The subdivision or land development plan shall include a detailed description and design of the types and locations of recreational facilities that will be constructed. The recreation facilities shall be privately owned by and privately maintained by the condominium association or housing association and shall not be dedicated to the Township.
O.
All driveways from dwellings shall enter onto an internal street
or parking court system within the development. No new driveway for
a dwelling shall enter directly onto an existing public street, unless
otherwise approved by the Board of Supervisors during review of the
subdivision or land development plan.
P.
The maximum building height shall be 2.5 stories or 35 feet, whichever
is more restrictive.
Q.
Preliminary architectural renderings of typical dwelling units and
photographs of the site shall be provided at the time of submission
of the conditional use application.
R.
A minimum of four off-street parking spaces shall be provided for
each dwelling unit. Two of these spaces may be located in garages,
while two additional spaces may be located on driveways. Additional
off-street parking spaces/lots shall be provided in common areas.
The total number of these extra spaces in the project shall be a minimum
of 0.2 spaces per unit in the entire project (counting all units,
even if outside of Allen Township).
S.
Fire hydrants are required and must be placed as specified in the Allen Township Subdivision and Land Development Ordinance [Chapter 22]. The subdivision and land development plans are subject to the review of the Township Fire Company. Hydrants shall be maintained and paid for by the condominium and/or homeowners' association.
T.
Street lighting shall be provided at the locations specified in the Allen Township Subdivision and Land Development Ordinance [Chapter 22] for all public and private streets. The lights shall be owned, maintained and paid for by the condominium and/or homeowners' association.
U.
Accessory Uses. The following accessory uses shall be permitted in
the active adult residential community:
(1)
Clubhouses, community centers, and private outdoor and indoor
recreation facilities, areas, and amenities, provided such uses are
for the exclusive use of the residents of the adult residential community
and their guests, and excluding retail or commercial uses except retail
sales to residents or their guests incidental to a clubhouse, social
hall, or similar use within the community, provided that sufficient
on-site parking exists to support such accessory uses pursuant to
all Zoning Ordinance subsections.
(2)
No-impact home-based business.
(3)
Administrative offices used for the management of the community.
(4)
Uses that are customarily incidental and are subordinate to
a dwelling unit permitted in an adult residential community, provided
that sufficient off-site parking exists to support such uses pursuant
to any Zoning Ordinance subsection.
7.
Mobile Home Park (see Part 9): a parcel of land under single ownership
which has been planned and improved entirely for placement of mobile
homes for nontransient use, consisting of two or more mobile home
lots for sale or rent.
A.
Mobile Home: a transportable single-family dwelling unit intended
for permanent occupancy, an office or a place of assembly, contained
in one or more sections, designed to be joined into one integral unit
capable of again being separated for repeat towing, built on a permanent
chassis, 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.
The term does not include recreational vehicles or travel trailers;
however, for floodplain management purposes, the term "mobile home"
also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
B.
Mobile Home Lot: a parcel of land in a mobile home park, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home, if said parcel is
leased or rented by the park owner to the occupants of the mobile
home erected on the lot.
C.
Modular Home: a transportable single-family dwelling intended for
permanent occupancy, contained in two or more units and designed for
use with a permanent foundation.
8.
Personal Care Home: a residence in which food, shelter and personal
assistance or supervision are provided for a period exceeding 24 hours,
for four or more adults who are not relatives of the operator, and
who do not require the services in or of a licensed long-term care
facility, but who do require assistance or supervision in activities
of daily living (ADLs) or instrumental activities of daily living
(IADLs).
A.
No building shall be erected nearer than 30 feet from any side or
rear lot line within a residential district.
C.
The maximum permitted density shall not exceed 25 beds per acre.
D.
The facility shall have obtained any and all licenses and permits
required by the federal, state, or local government which may be relevant
to the facility.
E.
A minimum of 20% of the site shall be suitable and developed for
outdoor passive recreation uses. The passive recreation areas may
include, but shall not be limited to, sitting areas and pedestrian
walks.
F.
In a residential zoning district, personal care homes shall be permitted
only on arterial or collector roads.
G.
The location, design, and operating characteristics of the use shall
be compatible with and not adversely affect adjacent properties and
the surrounding area. The proposed development shall be harmonious
with surrounding buildings with respect to scale, architectural design
and building placement.
H.
In a residential zoning district, personal care homes are limited
to a maximum of 30 beds.
9.
Regulations Governing Mixed-Use Village Developments.[2]
[Added by Ord. No. 2022-01, 3/22/2022]
A.
ART GALLERY
ART STUDIO
COMMUNITY CENTER
DEVELOPMENT SITE
MAKERSPACE
MULTIFAMILY NEIGHBORHOOD
RESIDENTIAL NEIGHBORHOOD
SHARED OR CO-WORKING SPACE
VILLAGE CENTER
Definitions. The following words and phrases shall have, for the
purpose of this section, the meanings given in the following clauses.
An establishment that displays and sells objects of art.
A place of work for an artist, artisan, or craftsperson,
including persons engaged in the application, teaching or performance
of fine arts such as, but not limited to, drawing, vocal or instrumental
music, painting, sculpture, and writing.
A building, part of a building, park, playground, swimming
pool, or athletic field operated by a local community organization
or association.
A subdivision and/or land development of the tract containing
a parcel or parcels of land intended to have one or more buildings
of a specific use, such as multifamily, single-family detached dwellings,
single-family semi-detached dwellings (twins), single-family attached
dwellings (townhouses), or intended to be subdivided into one or more
lots.
A studio, or workspace or businesses, where individuals utilize
resources and equipment which may be shared to work on projects, network
and create objects of art or merchandise, and shall be less than 5,000
square feet in total size.
A development site containing only multifamily dwellings,
generally located near or adjacent to lands zoned I/A Industrial Airport.
A development site containing multifamily dwellings, single-family
detached dwellings, single-family semi-detached dwellings (twins),
or single-family attached dwellings (townhouses).
A facilitated work-share environment for business, executive,
professional and administrative purposes, which may contain dedicated,
floating, or shared desks, individual offices, on-demand rooms and
meeting rooms, or other shared workspaces and facilities who share
the common infrastructure and resources in order to network, interact,
and collaborate with each other as part of a community. Such environment
is used by a recognized membership available to the public on an hourly,
daily, monthly, or annual basis.
A development site containing existing and new buildings,
which generally contains one or more of the following: recreation
uses, small-scale retail, restaurant, and service uses, multifamily
dwellings, dwellings in combination, and other residential uses, and
open space, to serve the overall tract.
B.
Uses Permitted By Right.
(1)
Single-family detached dwellings.
(2)
Single-family semi-detached dwellings (twins).
(3)
Single-family attached dwellings (townhouses).
(4)
Multifamily dwellings.
(5)
Dwellings in combination.
(6)
Public conservation areas and associated structures for the
conservation of open space, recreation, water, soil, forest, and wildlife
resources.
(7)
Adaptive re-use of existing buildings and structures for any
one or combination of the following uses:
(a)
Restaurant, standard.
(b)
Retail store.
(c)
Farmer's market.
(d)
Tavern.
(e)
Microbrewery.
(f)
Microdistillery.
(g)
Nanobrewery.
(h)
Vineyard.
(i)
Winery.
(j)
Banquet facility.
(k)
Fitness center or exercise center.
(l)
Indoor entertainment.
(m)
Service business.
(n)
Art gallery, art studio and makerspace.
(o)
Office, including co-working or shared space.
(p)
Bed-and-breakfast.
(q)
Day care: a day nursery, nursery school, kindergarten, or other
agency giving day care to children or adults or elderly persons.
(r)
Kennel or stable.
(s)
Storage units and/or detached garages serving owners or tenants
of the development.
(t)
Golf course.
(u)
Outdoor entertainment.
(v)
Outdoor recreational facility.
(w)
Horse riding academy.
(x)
Public conservation area.
(y)
Community center.
(z)
Special event center.
(aa)
No-impact home-based business.
(bb)
Dwelling in combination.
(cc)
Multiple-family dwellings.
(8)
Any use of the same general character as any of the above uses,
when authorized as a conditional use by the Board of Supervisors of
Allen Township, provided that such use shall be permitted, subject
to such reasonable restrictions as the Board of Supervisors may determine.
(9)
Due to the nature of a mixed-use village development containing a mix of different uses in proximity to and in combination with each other, the specific regulations of the above permitted uses contained in any other section of Part 15, Specific Regulations, of this chapter shall not apply. Any nonresidential uses proposed in the village center in addition to those specifically set forth above shall be of the same character as those listed above, and will be permitted by conditional use only.
C.
Permitted Accessory Uses. Accessory uses which are customary and
incidental to any of the above permitted uses, including, but not
limited to the following:
(1)
Private clubhouse or common amenity area as an accessory to
a residential neighborhood or multifamily neighborhood, including,
but not limited to: a fitness center; wellness center; swimming pool;
leasing office; entertainment center; multipurpose rooms; meeting
rooms; business center; and co-working space. Said building(s) or
use shall be open only to the residents of the mixed-use village development
(or a portion thereof) and their guests and shall not be open to the
public at large.
(2)
Private community swimming pools, tennis courts, basketball
courts, racquetball courts, sports courts, tot lots, or similar recreational
uses. Said accessory uses shall be open only to the residents of the
mixed-use village development (or a portion thereof) and their guests
and shall not be open to the public at large.
(3)
Driveways, parking lots, carports, detached garages and attached
garages.
(4)
Detached garages or storage units serving owners or tenants
within the mixed-use village development.
(5)
Wireless telecommunications antenna or dish for individual use,
located within an existing building or on the roof or side of a building.
(6)
Home occupations and home professional offices.
D.
Conflicts with Provisions of Chapter 27, Zoning Ordinance. A mixed-use village development is intended to provide unique opportunities to develop large, topographically diverse tracts of land. Many of the otherwise applicable general performance standards set forth in Chapter 27 will hinder or preclude the ability to develop a mixed-use village development in a manner consistent with the intent of the mixed-use village. Therefore, the general performance standards set forth in Article A of Chapter 27, §§ 27-1402 through and including 27-1406, shall not apply to a mixed-use village development. Rather, the regulations set forth in this § 27-1502, Subsection 9, shall provide the applicable performance standards for a mixed-use village development.
E.
Tract Regulations.
(1)
Minimum Tract Size. A mixed-use village development shall only
be permitted on tracts within the R1 Zoning District with a tract
size of 200 acres or more and that are located adjacent to land zoned
I/A Industrial Airport.
(2)
Water and Sewer. All new buildings within a mixed-use village
development shall be served by public water and public sewer service.
Any existing septic systems associated with existing buildings shall
be permitted to remain. Similarly, any existing septic systems that
serve multiple buildings and/or multiple uses shall be permitted to
remain where existing septic systems are proposed to be expanded or
repaired; such shall be approved by the Department of Environmental
Protection. No new individual septic systems shall be permitted. All
septic systems shall be located on a lot owned and maintained by the
user of the septic system.
(3)
Density. A mixed-use village development shall contain no more
than 700 new dwelling units, constructed in new structures, of which
no more than 42% shall be permitted to be multifamily dwelling units.
Within the village center, existing buildings may be used as dwelling
units or a dwelling in combination, or converted or partially converted
into dwellings units, which shall not count towards the maximum density
permitted by this subsection.
(4)
Multifamily dwellings. All multifamily dwelling units within
a mixed-use village development shall be located in a multifamily
neighborhood or in the village center.
(5)
Open Space. A minimum of 50% of the gross area of the tract
shall be open space. Such open space shall be permitted to include
passive and/or active recreation, including, but not limited to, equestrian
and golf uses and structures existing as of the date of adoption of
this subsection, tot lots, pocket parks, equestrian and golf pathways
and bike and horse trails. Such open space shall also be permitted
to contain utilities, steep slopes, and stormwater management facilities
(including above-ground or below-ground detention basin areas). No
more than 25% of the open space shall be covered by detention basins.
Such open space shall not be required to be, but may be, accessible
to the public, including trail easements. As each phase of the village
is developed and the boundaries of the open space contained in each
phase are determined, as a condition of final approval of each such
phase, the open space in such section shall be permanently encumbered
with a conservation easement which shall prohibit the said open space
from being further developed for any use other than a golf course
or passive or active open space. The beneficiary of the conservation
easement shall be the Township. Notwithstanding the foregoing, the
open space shall be maintained by the developer of each phase until
such time as the maintenance is assumed by a homeowners' association,
homeowners' associations, or a master association created in
accordance with the Pennsylvania Planned Community Act.[3]
[3]
Editor's Note: See 68 Pa. C.S.A. § 5101 et
seq.
(6)
Phasing. A mixed-use village development shall be permitted
to be developed in phases. Any individual phase may include all or
portions of a residential neighborhood, multifamily neighborhood,
the village center and/or a recreational or open space use. No more
than 150 of the multifamily dwelling units approved for construction
in a mixed-use village development shall be constructed until at least
100 of the combined total of the single-family detached dwellings,
single-family semi-detached dwelling units (twins), and single-family
attached dwelling units (townhouses) approved for construction in
the mixed-use village development have received final subdivision
and land development approval and required financial security for
the public and quasi- public improvements associated with such dwelling
units has been posted with the Township. Thereafter, the remaining
multifamily dwelling units approved for the mixed-use village development
may be constructed.
(7)
Master Association. A master association, pursuant to the Planned
Community Act,[4] shall be established to manage common areas, open space,
private streets, maintenance, landscaping, including street trees,
on-street parking regulations, off-street parking requirements, etc.
All proposed association documents, covenants, conditions, restrictions,
etc., shall be submitted to the Township for review and approval.
[4]
Editor's Note: See 68 Pa. C.S.A. § 5101 et
seq.
(8)
Clear Sight Triangle. Existing buildings and existing roadways
shall be exempt from this provision. Trees that are planted within
the sight triangle that are trimmed 10 feet underneath, sign posts,
streetlights, utility poles, etc., shall be allowed within a clear
sight triangle. Obstructions that are less than two feet tall shall
be allowed, such as shrubs and landscaping that are at least 50% open.
F.
Area, Yard and Height Regulations.[5]
|
Use: Single-Family Detached Dwellings
| |
|---|---|
|
Minimum Lot Area (square feet)
|
4,000
|
|
Minimum Lot Width
|
40 feet
|
|
Maximum Lot Coverage
|
75%
|
|
Minimum Front Yard
|
10 feet
|
|
Minimum Side One Side
|
5 feet
|
|
Minimum Yard (both sides)
|
10 feet
|
|
Minimum Rear Yard
|
15 feet
|
|
Maximum Building Height
|
35 feet
|
|
Use: Single-Family Semi-Detached Dwellings (Twins)
| |
|---|---|
|
Minimum Lot Area (square feet)
|
3,000
|
|
Minimum Lot Width
|
30 feet
|
|
Maximum Lot Coverage
|
85%
|
|
Minimum Front Yard
|
10 feet
|
|
Minimum Side One Side
|
0 feet (common lot line)
|
|
Minimum Yard (both sides)
|
5 feet (opposite common lot line)
|
|
Minimum Spacing between Principal Buildings
|
15 feet
|
|
Minimum Rear Yard
|
10 feet
|
|
Maximum Building Height
|
35 feet
|
|
Use: Single-Family Attached Dwellings (Townhouses)
| |
|---|---|
|
Minimum Lot Area (square feet)
|
1,000
|
|
Minimum Lot Width
|
20 feet
|
|
Maximum Lot Coverage
|
85%
|
|
Minimum Front Yard
|
10 feet
|
|
Minimum Side (common lot line)
|
0 feet
|
|
Minimum Side Yard (end unit)
|
5 feet
|
|
Rear Yard Setback
|
5 feet
|
|
Minimum Setback from Alleyway Cartway
|
5 feet
|
|
Minimum Setback from Curbline of Parking Lot
|
15 feet
|
|
Maximum Building Height
|
35 feet
|
|
Minimum Spacing between Principal Buildings
|
10 feet
|
|
Maximum Number of Dwelling Units in a Building
|
8
|
|
Use: Multifamily Dwellings
| |
|---|---|
|
Maximum Coverage of Development Site
|
75%
|
|
Minimum Setback from Road Cartway
|
25 feet
|
|
Minimum Setback from Curbline of Parking Lot
|
15 feet
|
|
Maximum Building Height
|
2 stories and 35 feet
|
|
Minimum Spacing between Principal Buildings
|
15 feet
|
|
Maximum Number of Dwelling Units in a Building
|
24
|
|
Use: Dwelling in Combination and Nonresidential Uses
| |
|---|---|
|
Maximum Coverage of Development Site
|
Not applicable to existing barns and other existing buildings
and structures.
|
|
Minimum Setback from Road Cartway
|
Existing barns and other existing buildings and structures will
maintain existing setbacks from edge of paving.
|
|
Minimum Setback from Curbline of Parking Lot
|
Existing barns and other existing buildings and structures will
maintain existing setbacks from edge of paving.
|
|
Maximum Building Height
|
35 feet, with the exception of existing barns and other existing
buildings and structures, and there shall be no routine human occupancy
in any areas above 35 feet.
|
|
Minimum Spacing between Principal Buildings
|
Existing barns and other existing buildings and structures will
maintain existing minimum spacing between existing principal buildings.
|
[5]
Editor's Note: The area, yard and height requirements
are as follows:
G.
Additional Regulations.
(1)
A maximum of 10% of the total number of lots within a mixed-use
village development developed for single-family detached dwellings
may be flag lots. Such flag lots shall be subject to the following
regulations:
(a)
Lot frontage provisions as contained in § 22-411 shall not apply. Access shall be provided through a pole or panhandle portion of the lot, or through an access easement or common driveway across an adjacent lot to a street. No more than three dwelling units may gain access through a pole, or panhandle, or an access easement or common driveway across an adjacent lot to a street.
(b)
The width of the pole or panhandle portion of the lot or access
easement across an adjacent lot shall be of sufficient width to accommodate
a driveway and landscaping.
(c)
The shared pole or panhandle portion of the lot shall be excluded
from the calculation of minimum lot area, and shall be owned and maintained
by the homeowners' association, homeowners' associations,
or a master association created in accordance with the Pennsylvania
Planned Community Act.[6]
[6]
Editor's Note: See 68 Pa. C.S.A. § 5101 et
seq.
(d)
The minimum setback in the flag portion of the lot shall be
10 feet.
(2)
Permitted projections.
(a)
Nonenclosed structures, with or without a roof, including one-story
porches, porticoes, stoops, and entrance platforms leading to the
front entrance shall be permitted to project not more than eight feet
into a front yard setback or cartway setback. Such porch, stoop and
entrance platform may have an uncovered balcony directly above.
(b)
Nonenclosed structures, with or without a roof, including porticoes,
stoops, entrance platforms, and basement entrances, shall be permitted
to project not more than three feet into a side or rear yard setback.
(c)
Uncovered decks shall not encroach within a front yard setback,
and shall not be closer than three feet to a rear or side property
line, except on single-family attached dwelling (townhouse) lots,
where decks can abut the common lot line and they contain a solid
or opaque privacy fence at least six feet tall in height that runs
the length of the common boundary line of uncovered deck.
(d)
Cornices, eaves, chimneys, gutters, downspouts, awnings, canopies,
cantilevered roofs, uncovered balconies, and bay windows shall be
permitted to project not more than 18 inches into any yard setback,
cartway setback or building separation distance.
(e)
Belt courses, sills and other similar ornamental features may
project not more than nine inches into any yard setback, cartway setback
or building separation distance.
(f)
Window wells may project not more than three feet into any yard
setback, cartway setback or building separation distance.
(g)
With the exception of uncovered decks on the common boundary
line between single-family attached dwellings (townhouses), no permitted
projection attached to any principal structure shall be less than
10 feet from a cartway or less than five feet from a lot line.
(h)
Accessory structures, including but not limited to sheds, storage
facilities, private clubhouses, and detached or semi-detached garages,
shall have a minimum setback of three feet from all lot lines, edge
of paving and cartways, with no side yard setback requirement for
accessory structures along a common lot line for single-family semi-detached
dwellings (twins), and single-family attached dwellings (townhouses).
Existing accessory structures will maintain existing setbacks from
edge of existing paving and other existing buildings and structures.
(3)
Definition of height and height exemptions.
(a)
Building height shall be defined as the vertical distance from
the average final grade of the four corners of a building to the mean
height of the roof or structure. Building height herein shall not
include any areas not intended for human habitation.
(b)
All multifamily dwellings shall have a maximum of two stories, with the first floor of the first story being level with the finished grade. For multifamily dwellings with a peaked roof, the maximum building height shall be 40 feet, as measured in accordance with Subsection 9G(3)(a) hereof, the top plate of the second story shall be no higher than 26 feet from finished grade on each side of the building, and the top of the peak shall not exceed 45 feet when measured from the average finished grade.
(c)
Where any portion of a two-story multifamily building does not
front on a street or parking lot, there shall be a level area, no
less than six feet in width, adjacent to that portion of the building
to provide fire service access to the building.
(4)
Minimum off-street parking required as follows:
(a)
Single-family detached dwellings: three per dwelling unit.
(b)
Single-family semi-detached dwellings (twins): two per dwelling
unit.
(c)
Single-family attached dwellings (townhouses): two per dwelling
unit.
(d)
Multifamily dwellings: one per bedroom.
(e)
Dwelling in combination: one per dwelling unit and one per 500
square feet of gross floor area of nonresidential use.
(f)
Nonresidential uses: one per 500 square feet of gross floor
area.
(5)
Additional off-street parking and loading requirements:
(a)
Parking for all uses may be provided in garages, carports, driveways,
including spaces in tandem to garages or carports, and/or off-street
surface parking areas.
(b)
Parking spaces for single-family attached dwellings (townhouses)
and multifamily dwellings shall not have direct accessibility from
a street and shall only be accessed from alleyways and common drive
aisles.
(c)
All village center nonresidential uses shall provide for and
require all employees to park off-street.
(d)
Provisions requiring all residents to park in their assigned
off-street parking spaces and prohibiting any resident from parking
in an on-street space on a regular basis shall be governed by the
controlling documents of the master association, homeowners'
associations, or condominium associations within the community, and
contained in the leases for tenants of multifamily dwellings.
(e)
Loading spaces, docks, refuse areas, and outdoor storage shall
be provided to the side, rear, or below the building and shall be
shielded from view of any adjacent residential use or structure through
the use of screening materials, fencing, landscaping, and/or berming.
(f)
Refuse and recycling facilities shall be provided and located
to adequately accommodate each use. Such facilities may be consolidated
and be shared to serve multiple uses or buildings on the site, provided
such are sized appropriately.
(6)
Minimum Guest Parking requirements for all residential uses
are as follows:
(a)
Single-family detached dwellings: 0.5 per dwelling unit either
off-street or on-street.
(b)
Single-family semi-detached dwellings (twins): 0.5 per dwelling
unit either off-street or on-street.
(c)
Single-family attached dwellings (townhouses): 0.25 per dwelling
unit either off-street or on-street, except that for townhouse with
three bedrooms, the guest parking requirement shall be 0.50 per dwelling
unit.
(d)
Multifamily dwellings: 0.25 per dwelling unit either off-street
or on-street, except that for multifamily units with three bedrooms,
the guest parking requirement shall be 0.50 per dwelling unit.
H.
Access Study.
(1)
Any land development application for the development of the
first phase of a mixed-use village shall be accompanied by a traffic
access study prepared by a qualified traffic engineer which will examine
the multiple accesses to any proposed mixed-use village from roadways
that the project proposes to access, based on the projected complete
buildout of the mixed-use village. If the traffic access study determines
that any improvements are recommended or deemed necessary to provide
safe access to the mixed-use village, the study will identify when
such additional construction will be required, and the construction
of such improvements shall be completed at the time designated by
the traffic access study.
[2]
Editor's Note: Former Subsection 9, Single-Family Cluster
Development (SFCD), was repealed 6/12/2018 by Ord. No. 2018-01.
10.
Temporary Residential Shelters: a facility providing temporary lodging,
with or without meals, for persons of limited income with no ordinary
or regular residence or to persons who need such shelter to avoid
an abusive situation or because of a sudden event, such as fire, flood,
domestic violence, condemnation, or court-ordered conviction. Types
of temporary residential shelters may include:
A.
Abused Person Shelter: a nonprofit residential use in which rooms
are provided to serve as a temporary safe and supportive environment
for persons who, because of actual or threatened physical or mental
abuse, are forced to leave their previous living arrangement. Such
facilities shall be designed to provide in-house living for persons
only until a safe permanent living arrangement can be obtained.
B.
Domestic Violence Shelter: a residence providing food, shelter, medical
care, legal assistance, personal guidance, or other services to persons
who have been victims of domestic violence, including any children
of such victims, and who temporarily require shelter and assistance
in order to protect their physical or psychological welfare.
C.
All temporary residential shelters shall comply with the following
criteria:
(1)
The site shall have direct access to an arterial street or collector
street, as defined by this chapter.
(2)
No group care facility, personal care boarding home or transitional
dwelling shall be located within 1,000 feet of any other existing
or proposed group care facility, personal care boarding home or transitional
dwelling.
(3)
A facility of this type shall be subject to the bulk and dimensional
requirements for single-family dwellings in the zoning district where
permitted by this chapter.
(4)
The minimum lot area per resident for group care facilities,
personal care boarding homes and transitional dwellings shall be 2,000
square feet of lot area per resident.
(5)
The minimum habitable floor area per resident shall be 300 square
feet, exclusive of the floor area devoted to nonhabitable areas of
the dwelling, such as basements, attics and garages.
(6)
Adequate provisions shall be made for access by emergency medical
and fire vehicles.
(7)
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency, as defined by the Pennsylvania Department
of Human Services.
(8)
Adequate open space opportunities for outdoor recreation shall
be provided on the lot for the residents consistent with their needs,
and the area shall be secured by a fence with a self-latching gate.
A minimum of 75 square feet of outdoor recreation of the overall area
of the lot area shall be provided for each resident based on the maximum
licensed occupancy for the facility.
(9)
Where applicable, certification or licensing by the sponsoring
agency, as defined by the Pennsylvania Department of Human Services,
shall be prerequisite to obtaining an occupancy permit, and a copy
of an annual report with evidence of continuing certification shall
be submitted to the Zoning Officer or his authorized representative
in January of each year.
(10)
Residents of temporary residence shelters may reside in the
facility for a maximum of 120 days.
[Ord. 2017-02, 3/28/2017]
1.
Campground: a lot, tract, or parcel of land upon which operates a
business where two or more campsites are located or established, intended
and maintained for occupation by transients in recreational vehicles
or tents.
A.
Minimum lot area: 20 acres.
B.
Setbacks. All campsites shall be located at least 75 feet from any
side or rear property line and at least 100 feet from any street line.
C.
Each campsite shall be at least 3,000 square feet in size and shall
either provide parking space for one automobile which will not interfere
with the convenient and safe movement of traffic, or equivalent parking
shall be provided in a common parking area.
D.
A paved internal road system shall be provided. The pavement width
of one-way access drives shall be at least 14 feet, and the pavement
width of two-way access drives shall be at least 24 feet. On-drive
parallel parking shall not be permitted.
E.
All outdoor play areas shall be set back 1,000 feet from any property
line and screened from adjoining residentially zoned properties or
existing residential properties. Such outdoor play areas shall be
used exclusively by registered guests and their visitors.
F.
All campsites, except those proposed for use by tents only, shall
be served by centralized sanitary and garbage collection facilities.
Treatment facilities that shall be set back a minimum of 100 feet
from any property line. Such facilities shall be screened from adjoining
residentially zoned properties or existing residential properties.
G.
Any accessory retail or service commercial uses shall be set back
a minimum of 100 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall have vehicular access from the campground's
internal road rather than the public street. All accessory commercial
uses and related parking shall be screened from adjoining residentially
zoned parcels or existing residences.
H.
All campgrounds containing more than 100 campsites shall have vehicular
access to an arterial or collector street as identified on the Township
Official Map.
I.
A campground may construct one freestanding or attached sign containing
no more than 32 square feet. Any reference to accessory commercial
or recreational facilities shall remain secondary in size to the reference
of the principal campground use. Such sign shall be set back at least
10 feet from the street right-of-way line, and at least 25 feet from
adjoining lot lines.
J.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities. Responsibility for
maintenance of the recreational area shall be with the landowner.
Should the landowner neglect to maintain the recreation area, the
Board of Supervisors may then maintain the area and shall assess the
landowner for any costs incurred.
K.
Every campground shall have an office in which shall be located the
office of the person responsible for operation of the campground.
L.
All water facilities, sewage disposal systems, restrooms, solid waste
disposal and vector control shall be approved and maintained in accordance
with the requirements of the Pennsylvania Department of Environmental
Protection.
M.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets.
N.
Campground tenants are permitted to camp/stay in the campground a
maximum of three consecutive weeks. Each stay in the campground must
be separated by a minimum of two weeks.
2.
Cemetery: a burial place or graveyard, including mausoleum, crematory
or columbarium.
3.
Church or Place of Worship: a church, meeting house, spiritual center,
synagogue, temple, mosque or other facility that is used for prayer
by persons of similar beliefs; a special-purpose building that is
architecturally designed and particularly adapted for the primary
use of conducting formal religious services on a regular basis. Accessory
uses may include such places as schools, meeting halls, recreational
facilities, day care, counseling, homeless shelters and kitchens capable
of feeding large quantities of people.
4.
Clinic: an establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients require a stay of less than 24 hours. This definition does
not include a drug treatment facility.
5.
Crematorium: a furnace or establishment for the incineration of human
or animal corpses.
A.
A crematorium as a principal use shall be set back a minimum of 200
feet from all lot lines of existing dwellings and all undeveloped
residentially zoned lots.
6.
Educational Institutions and Schools.
A.
Commercial School: a trade, professional, music or dancing school.
(1)
Public sewer and public water are required.
(2)
A traffic study is required following the requirements of § 27-1409 for daytime activities, as well as extracurricular or nighttime activities proposed on the site.
(4)
The Township Fire Department shall review the land development
plans and provide recommendations for any revisions it feels are necessary
to the plans for efficient firefighting purposes.
(5)
The owner/operator shall assess the requirements for adequate
police protection. Police protection may be provided by municipal
police service agreement satisfactory to Allen Township or by court
appointment of school police as provided for by the Pennsylvania Public
School Code. The public police service must be acceptable, as determined
solely by the Board of Supervisors.
(6)
The owner/operator of the educational institution shall provide a pedestrian circulation plan for any student proposed to walk to the educational institution. In lieu of this, the owner/operator shall provide for motorized transportation, which shall be accounted for in the traffic study in Subsection 6A(2) above.
(7)
The owner/operator of the educational institution shall assess
the compatibility of the proposed educational institution with respect
to any existing uses located within 2,500 feet of the proposed educational
institution's property.
(8)
Dormitory: an accessory building for the residency of students,
religious orders, teachers, or others engaged in the primary activity
of the institution where individuals need to live on the site. The
dormitory shall be considered accessory to the uses further defined
within the "Educational Institutions and Schools" use category.
(a)
These requirements apply to the
construction of accessory buildings for the residency of students,
religious orders, teachers, or others engaged in the primary activity
of the institution where individuals need to live on the site. The
density in such areas shall be based on persons per acre, since dormitories
are not family dwellings. The following standards shall apply:
[1]
No more than 25% of any institutional tract may
be devoted to dormitory use, that is, dormitories and associated yards
as per Subsection 6A(8)(a)[3] and [4] below.
[2]
Parking requirements shall be established by the
Board of Supervisors.
[3]
Each dormitory resident shall have a minimum of
180 square feet of space within the building.
[4]
No more than 25% of land devoted to dormitory use
shall be covered by impervious surfaces.
[5]
The net density of any institutional site shall
not exceed 12 residents per acre.
[6]
The net density of the dormitory area shall not
exceed 64 persons per acre.
B.
Private Educational Institutions and Schools: any state-accredited
elementary, middle, junior high or senior high school operated by
other than a public body and any nursery school operated by other
than a public body. "Private school" includes parochial school and
includes any nursery school or other private school operated by any
church or religious organization. "Private school" does not include
religious meetings and/or educational facilities that may be used
by any one group or class on a weekly or biweekly basis, when such
facilities are accessory to a church or other place of worship.
C.
Public-Owned Educational Institutions: any state-accredited elementary,
middle, junior high or senior high school that primarily provides
state-required or state-funded educational programs.
7.
Commercial Swimming Pool: commercial pools are any pools that do
not meet the definition of a residential pool. Residential pools are
pools that serve no more than two dwelling units.
8.
Country Club: see "Golf Course and Country Club" (existing definition
and specific regulations).
9.
Day Care: a day nursery, nursery school, kindergarten, or other agency
giving day care to children or adults or elderly persons.
A.
Family Day Care: a facility in which care is provided for one or
more but fewer than seven children at any one time where the child-care
areas are being used as a family business. The time of daily operation
shall be limited to the hours of 6:00 a.m. to 6:00 p.m.
(1)
An outdoor recreation area shall be provided with a minimum
area of 100 square feet for each person in care. This outdoor play
area shall be located to the side or the rear of the lot and shall
not include any parking areas. The outdoor play area shall be fully
enclosed by a four-foot-high fence and shall be sufficiently screened
and insulated so as to protect the neighborhood from inappropriate
noise and other disturbance.
(2)
Sufficient facilities for passenger loading and unloading shall
be provided.
(3)
This use may be permitted as accessory to a permitted nonresidential
use.
(4)
A license from the Pennsylvania Department of Public Welfare
shall be required, if applicable.
(5)
Parking: one off-street parking space for each teacher, administrator,
and maintenance employee, plus one space per six persons in care.
10.
Fitness and Exercise Center or Club: an establishment which provides
facilities and instructional programming for aerobic and meditative
exercises, such as cardiovascular training equipment, weight training,
game courts, swimming facilities, yoga studios and associated sauna/shower/eating
facilities and shops.
11.
Golf Course and Country Club.
A.
Golf Course: a tract of land laid out for at least nine holes for
the playing of the game of golf which may include a clubhouse, dining
and snack areas, golf equipment sales and practice facilities.
B.
Country Club: land, area and buildings containing golf courses, recreational
facilities, a clubhouse, and customary accessory uses, open only to
members and their guests.
(1)
Golf courses do not include miniature golf courses, but may
include uses clearly accessory, such as driving ranges, restaurants,
clubhouses, etc.
(2)
A minimum lot area of 60 acres is required.
(3)
Buildings and parking areas shall be set back a minimum of 200
feet from any property line/right-of-way line.
(4)
Buffers are required around side and rear property lines where
the property abuts land currently in residential use or zoned residential.
(5)
Parking requirements are three spaces for each hole. Accessory uses require additional parking stipulated in § 27-1423.
(6)
Any proposed golf route crossing of any existing or proposed
public road is not permitted to be an at-grade crossing.
(7)
Any drainage improvements along existing roads required as a
result of the proposed golf course must be performed by the applicant
in coordination with this site work.
12.
Health Facility: an establishment primarily engaged in providing
services for human health maintenance, including medical and dental
clinics and hospitals, whether publicly or privately operated.
13.
Horse Riding Academy.
A.
Horse Riding Academies: an establishment that includes a stable,
as defined herein, and where instruction in riding, jumping and showing
is offered for a fee and where horses may be hired for riding.
B.
Horse Riding Academy, Commercial: a riding academy where instruction
is provided to owners who do not board their horses on the premises
and/or where invitational shows and/or competitions are held.
C.
Horse Riding Academy, Noncommercial: a riding academy where instruction
is provided using only horses that are kept or boarded on the premises
and where horses that are hired for riding are limited to the horses
that are kept or boarded on the premises.
(1)
Minimum lot area: five acres.
(2)
Any building or structure used for the training of horses and
education of riders and/or handlers shall be situated not less than
100 feet from any street line or property line.
(3)
Silos shall be situated not less than 1 1/4 times the height
of the silo from any street line or property line.
(4)
Maximum impervious surface ratio: 3%.
(5)
One single-family detached dwelling shall be permitted on the
same tract with this principal use, provided that the yard and setback
requirements for the single-family detached dwelling for the applicable
zoning district shall be met.
(7)
Retail sales of related items shall be limited to a maximum
floor area of 750 square feet.
(8)
No area for the storage or processing of animal waste shall
be situated less than 200 feet from any street line or property line.
(9)
No more than two horses per acre shall be permitted.
(10)
Parking: one off-street parking space for every three persons
present at such facilities when they are filled to capacity plus one
additional off-street parking space for each full-time employee.
14.
Hospital: an establishment, licensed by the American Hospital Association
and by the Pennsylvania Department of Health as a hospital, and which
involves the diagnosis and treatment of human ailments, which provides
health services primarily for inpatient medical or surgical care of
the sick or injured, including such related facilities as laboratories,
outpatient departments, training facilities, central service facilities,
and staff offices as an integral part of the establishment.
15.
Rifle, Shooting and Target Ranges; Shooting Preserves: a parcel of
land used for the purpose of discharging firearms at fixed and/or
moving targets or flying targets (i.e., clay pigeons).
A.
Operational hours for outdoor facilities shall be limited to between
the hours of 9:00 a.m. and 6:00 p.m. and limited to three days a week.
B.
The minimum lot size requirements shall be 50 acres.
C.
No structure associated with a range shall be located closer than
200 feet to any lot line.
D.
No permit shall be issued for a shooting target range until the applicant
has furnished evidence that the proposed development meets all regulations
specified by federal, state, and local laws and rules.
E.
In the consideration of an application for a permit, the Township
shall take into account both safety and noise factors, and may prescribe
additional conditions with respect thereto.
F.
There shall be no discharge in the direction of any residential area,
and all activity on the premises relating to the outdoor discharge
of firearms shall be located no less than 500 feet from any existing
property boundary line.
G.
A site development plan must be submitted to and approved by the
Planning Commission which, at a minimum, incorporates nationally accepted
standards for target range construction.
H.
No firing shall be toward or over any bodies of water or population
center located within 1/2 mile.
I.
The range shall be clearly identified from all directions with conspicuous
"Danger: Shooting Range" signs.
J.
As to rifle/pistol range, there shall be a barrier, impenetrable
to any missile fired on the range, which shall extend a distance above
and to each side of the targets equal to one foot for each 25 yards
to the most remote shooting stand, but in no case less than four feet.
K.
Parking: two off-street parking spaces for each five persons of total
capacity, or at least one off-street parking space for each shooter's
station and/or range shooter station plus one additional space for
each additional full-time employee.
L.
All requirements for rifle shooting and target ranges as may be specified
by the National Rifle Association shall be followed.
M.
If the use contemplated in this section remains unused for a period
of 12 consecutive months, the owner or operator shall dismantle and
remove the range within six months of notice to do so issued by Allen
Township. Further, the owner or operator shall post financial security,
in a form acceptable to the municipality favoring the Township in
an amount to cover the range removal and site cleanup. The security
shall be utilized by the Township in the event that the owner or operator
of the range fails to remove or dismantle the range within six months
of notification by the Township.
16.
Massage Establishment: any establishment or business which provides
the services of massage and body manipulation, including exercises,
heat and light treatments of the body, and all forms and methods of
physiotherapy, unless operated by a medical practitioner, chiropractor,
or professional physical therapist licensed by the commonwealth. This
definition does not include an athletic club, health club, school
gymnasium, reducing salon, spa, or similar establishment where massage
or similar manipulation of the human body is offered as an incidental
or accessory service.
17.
Medical Center: a building or part thereof used for medical, psychiatric,
obstetrical or surgical care. The term "medical center" shall include
facilities similar to general hospitals, mental hospitals, tuberculosis
hospitals, children's hospitals, and any other such facility which
provides care, whether or not on a twenty-four-hour basis, but does
not provide services or care for overnight stays.
18.
Nursing Home: a building or part thereof used for the lodging, boarding
and nursing care, on a twenty-four-hour basis, of four or more persons.
The term "nursing home" shall only include those nursing and convalescent
homes, skilled nursing facilities, intermediate care facilities, and
infirmaries contained within homes for the aged which are licensed
by the commonwealth.
A.
Connection to public water and public sewer is required.
B.
No more than 80 residents per structure shall be accommodated.
C.
The maximum density of residents shall be 25 residents per acre of
base site area. In no case shall the lot area be less than that required
for the zoning district containing the nursing home.
D.
A nursing home facility may be an integrated community consisting
of a progressive or life-care style of residences and care. Any such
use would require the approval of the overall site development plan
by the Board of Supervisors. The internal roadways, whether public
or privately owned, must meet the requirements for the appropriately
classified public roadway, including curbing and sidewalk. The following
regulations apply to any of the appropriate uses found on the site.
(1)
Single, Detached Residential Units. These units may include
those being sold by way of fee simple sale (with reversion rights
to the facility owner) or those being leased and all of the land being
retained by an owner. Each lot must meet the following standards:
(2)
(3)
Personal or Intermediate Care Facilities: premises or a portion
thereof, with services which could include in which food, shelter,
and licensed personal assistance or supervision are provided for residents
requiring supervision and assistance in such matters as dressing,
bathing, diet or medication prescribed for self-administration but
not requiring hospitalization or skilled nursing care. Facilities
shall include a living/sleeping area and a private powder room, although
a shared bath will be permitted.
(4)
Skilled Care Facilities: premises or a portion thereof used
to house and care for persons requiring continuous intermediate or
skilled nursing care.
(5)
Offices incidental to administration, management and health
care; activity areas, craft, woodworking and hobby shops, recreation
facilities, gift shops, personal services facilities, dining facilities,
health-care facilities, maintenance facilities, bank, library, snack
bar, village store, pharmacy, chapel and similar uses designed to
be exclusively for the use of residents and their guests as well as
any other buildings or uses incidental to the main or principal uses.
E.
Any buildings on the site must be set back from property lines and
separated from other buildings by an amount at least equal to the
building height. The following additional requirements apply to the
overall facility and facility tract boundary lines:
F.
The proposed use shall primarily serve the needs of retirement-age
persons. At the time of owner occupancy, at least one resident of
each household in Subsection 18(D)(1) and (2) shall be at least 50
years old, or possesses some handicap that can be treated within a
setting like the retirement community.
G.
The proposed use shall achieve a balanced residential/medical campus
which cannot be achieved through the use of conventional zoning techniques.
H.
Residences shall be functionally, physically, and architecturally
integrated with medical service and recreational activity centers.
I.
Commercial, medical and recreational uses shall be grouped together
and located near the populations being served.
J.
The site shall front on and have direct access onto a collector or
arterial road as identified on the Official Map.
K.
All buildings or structures containing nonresidential uses, off-street
parking lots and loading areas shall be set back at least 75 feet
from all adjoining residentially zoned land or existing residences,
and 50 feet from all lot lines of the subject property.
L.
All building structures used solely for residential purposes shall
be set back at least 50 feet from all lot lines of the campus property,
20 feet from any public or private street right-of-way or parking
lot, and a distance equal to their height from any other on-site residence.
M.
Each off-street parking lot shall provide at least 20% of the total
parking spaces as those designed for the physically handicapped (see
§ 311.8[2] for design regulations). Furthermore, such parking spaces
shall be located throughout the campus in such a manner to be conveniently
accessible to the buildings/uses for which they are required.
[2]
Editor's Note: So in original.
N.
The applicant shall furnish a description of the effect of the proposed
use on the delivery of ambulance service. This description shall include
a letter from the agency responsible for ambulance service in the
site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use,
and any suggestions that might enhance ambulance service. Should it
be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
O.
Open Space and Passive Recreational Area. At least 50% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting areas shall be located on land subject to flooding or on slopes in excess of 5%. Open space ownership and maintenance is governed by the requirements of § 27-1423.
P.
Location to Service.
(1)
(2)
If this is not possible, the developer of the facility shall
submit to the Township a transportation plan which shall outline a
transportation service for the residents of the facility, to be provided
by the owner or manager, provided access to these services at reasonable
intervals. This plan must be approved by the Township as a condition
for approval of use.
19.
Private Club: land and buildings containing private or semiprivate
recreation facilities, social quarters, restaurants, meeting rooms,
banquet facilities, bars, taprooms, and similar uses, for the exclusive
use of members and their guests.
20.
Public Conservation Areas: undeveloped and undisturbed areas, set
aside for the preservation and/or continuation of the natural environment,
to promote recreational use, agricultural use and retention of open
space and undeveloped floodplain areas and to provide areas of wildlife
habitat.
21.
Public Municipal Building and Facilities, Including Libraries (Public
Facility): a government building, operating facility (such as a police
station, Highway Department yard, etc.), recreational facility or
park owned or operated by the municipality or other governmental agency.
This use category shall include the library use which is further defined
as a facility, open to the public or connected with a permitted educational
institutions and schools use, and not conducted as a private gainful
business.
22.
Treatment Center:
A.
A use (other than a prison or a hospital) providing housing for three
or more unrelated persons who need specialized housing, treatment
and/or counseling, on a lot in excess of 10 acres, involving any one
or a combination of the following:
B.
A treatment center may be classified as a drug treatment facility,
which shall be further defined as an establishment where patients
are admitted and treated on a temporary outpatient basis for addiction
to certain prescription or nonprescription drugs. This includes a
residential or nonresidential methadone treatment facility, which
shall be defined as a facility licensed by the Pennsylvania Department
of Health, other than a hospital, to use the drug methadone in the
treatment, maintenance or detoxification of persons.
C.
All treatment centers shall comply with the following criteria:
(1)
A treatment center shall not be located within 800 feet of an
existing treatment center.
(2)
Proof of adequate supervision by people qualified by training
and experience in the field for which the facility is intended shall
be provided.
(3)
The facility must comply with all applicable Fire, Housing,
Building, Property Maintenance, and Health Codes, and all regulations
pertaining to transient occupancy with respect to emergency lighting,
smoke detectors, exit lights, and other safety devices.
(4)
Any food preparation, service, or distribution shall be provided
in compliance with the Pennsylvania Department of Health licensing
requirements.
(5)
All services provided on site shall be contained within the
structure and operated by a nonprofit, charitable, or for-profit organization.
(6)
The applicant for these facilities shall submit with its application
a plan outlining in detail the management of the facility. This shall
include information on personnel, supervision, hours of operation,
services provided, rules and regulations, and any other information
pertinent to the operation of the facility. All requirements of federal
law, including reasonable accommodation for applicants with a proven
disability, shall be provided by the applicant.
(7)
Adequate on-site supervision and security measures to protect
public safety shall be required. If any applicable county, state,
federal or professional association standards provide guidance on
the type of supervision that is needed, the proposed supervision shall
be compared to such standards.
23.
Vehicular Track or Course: a recreational facility that provides
a motor-powered vehicle to a patron, for a fee, to drive on a track
or course that is located on the premises. For the purposes of this
use, a motor-powered vehicle is a motorcycle, all-terrain vehicle
(three- or four-wheeled), go-cart, or other vehicle with two, three,
or four wheels of a similar nature. These vehicles are usually designed
to accommodate only one person.
A.
Minimum lot area: 10 acres.
B.
The property shall front on and take access from an arterial or collector
highway.
C.
Only one person shall ride on a vehicle at a time.
D.
The track or course and all areas used by the vehicles shall be paved.
E.
There shall be no racing on the course or track; however, vehicles
may be timed.
F.
A fence shall be placed around the entire course or track. It shall
be a minimum of four feet in height.
G.
The noise level at the recreational facility shall not exceed the
noise limits specified in this chapter. The application for such a
use shall be accompanied by a certification from the manufacturer
or a qualified operator of a noise meter stating the noise level of
the motor that will power the vehicle. It shall be the responsibility
of the applicant to demonstrate in advance that when the track is
in full use by the usual number of vehicles at the usual r.p.m., the
noise levels of this chapter will not be exceeded at the property
line.
H.
Such use shall only be operated between the hours of 10:00 a.m. and
10:00 p.m.
I.
Fuel for the vehicles shall not be stored within the enclosed track
area. The fueling point shall be equipped with firefighting equipment.
Approval shall be secured from the Pennsylvania State Fire Marshal
for the underground storage of fuel.
J.
Public address systems shall be provided.
K.
Parking: one off-street parking space for every three persons of
total capacity, plus one space for every employee.
[Ord. 2017-02, 3/28/2017]
[Ord. 2017-02, 3/28/2017]
1.
Automobile Repair and Service Stations.
A.
Automobile Repair: an automobile repair garage, including paint spraying
and body and fender work or a car-washing facility, provided that
all repair and paint work is performed within an enclosed building.
B.
Service Station: an establishment for the sale of vehicular fuels
and the sale and installation of lubricants, tires, batteries, and
similar automotive accessories.
(1)
The subject property shall be set back at least 300 feet from
any lot containing a school, day-care facility, playground, library,
hospital, or nursing, rest or retirement home.
(2)
The storage of any particular motor vehicles (whether capable
of movement or not) for more than one-week period is prohibited.
(3)
Any parts removed from repaired vehicles shall not remain on
the site longer than 48 hours.
(4)
All structures (including gasoline pump islands but not permitted
signs) shall be set back at least 30 feet from any street right-of-way
line.
(5)
No outdoor storage of auto parts shall be permitted.
(6)
All access drives shall be a maximum of 30 feet wide and separated
by 75 feet from one another if located along the same frontage as
measured from edge to edge.
(7)
All ventilation equipment associated with fuel storage tanks
shall be set back 100 feet and oriented away from any adjoining residentially
zoned or existing residential properties.
(8)
All work, other than fueling of vehicles, must be performed
within a completely enclosed building.
2.
Automotive Sales: sales of automobiles by a new car dealership; used
car sales; and car, pickup truck, van, trailer, cycle and boat rental.
3.
Banquet Facility: an establishment that is rented by individuals
or groups to accommodate private functions such as banquets, weddings,
anniversaries and other similar celebrations. Such use may or may
not include kitchen facilities for the preparation or catering of
food; the sale of alcoholic beverages for on-premises consumption
only during scheduled events not open to the public; and outdoor gardens
or reception facilities.
4.
Bed-and-Breakfast: the use and occupancy of a single-family detached
dwelling for accommodating transient guests for rent.
A.
No more than six guest rooms may be provided.
B.
In no case shall the lot area be less than that required for single-family
detached dwellings in the zoning district in which the proposed bed-and-breakfast
is located.
C.
Parking. One off-street parking space shall be provided for each
guest room, plus one space for each employee and two spaces for the
owners of the property. The off-street parking spaces shall be located
either to the rear of the main dwelling or screened from the roadway
by a five-foot fence or plant material of equal height. Such plant
material shall be permanently maintained, and any plant material which
does not live shall be replaced within one year.
D.
At least one bathroom shall be provided for each two guest rooms.
E.
External alterations, additions or changes to the exterior structure
shall be minimized except where required by any governmental agency
for safety reasons.
F.
The use shall be carried on by members of the immediate family who
must reside on the premises.
G.
There shall be no separate kitchen or cooking facilities in any guest
room.
H.
The maximum uninterrupted length of stay at a bed-and-breakfast shall
be seven days.
I.
The use of any amenities provided by the guesthouse, such as a 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.
J.
There shall be no use of show windows or displays or advertising
visible outside the premises to attract guests other than a single,
nonilluminated sign which may not exceed the area permitted within
the district in which the use is located.
K.
If the facility is served by an on-lot water and/or sewage disposal
system, the applicant shall demonstrate to satisfaction of the Township
Sewage Enforcement Officer (for sewage aspects) and the Board of Supervisors
(for both water and sewage aspects) that these on-lot facilities are
adequate to serve the maximum number of guests which could be housed
at the facility at any one time.
L.
A buffer yard of 50 feet in width shall be provided from adjacent
property and street lines. No structure may be located within the
buffer yard. The buffer yard may be included within the required front,
side or rear yards.
M.
The use may not be established until the applicant has submitted
a site plan to the Township which demonstrates compliance with this
chapter. The bed-and-breakfast may be periodically inspected by Township
or county officials for compliance with all Township requirements
and safety standards.
5.
B.Y.O.B. Club: any business facility, such as a dance hall, club
or association not licensed by the Pennsylvania Liquor Control Board,
wherein patrons 21 years of age and older may, after payment of an
entry fee, cover charge or membership fee, consume alcoholic beverages
which said patrons have carried onto the premises; also commonly referred
to as "bring your own bottle" clubs; provided that a facility which
is rented for a limited period of time, not to exceed six hours, by
individuals or an organization for the purpose of a private party
in which alcoholic beverages are carried onto the premises shall not
be considered a B.Y.O.B. club under the terms of this chapter. "B.Y.O.B.
club" shall not include a restaurant as defined in this section. Additionally,
conditional use consideration may be: 1) limitation on hours of operation
and minimum setbacks from residential districts; 2) A B.Y.O.B. club
that is open after 2:00 a.m. is also effectively prohibited by State
Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania
Statutes[1]) or any subsequent Pennsylvania statute; and 3) A B.Y.O.B.
club shall only be allowed in a zoning district where such use is
specifically listed in this Zoning Ordinance as being allowed.
A.
A forty-foot buffer yard shall completely separate the structure
and all off-street parking areas from any lot line of any residential
use or any undeveloped residentially zoned lot.
B.
If any type of entertainment offered at such a facility at any time
is adult entertainment, the requirements of an adult entertainment
facility must be met.
C.
Any such use shall be separated from any school, church or similar
facility, from property line to property line, a minimum of 500 feet.
D.
The hours of operation for such a facility shall be limited from
12:00 noon to 11:00 p.m., Monday through Saturday.
E.
For purposes of enforcing this Part and other applicable ordinances,
inspections of said premises may be conducted at any time by both
law enforcement and code enforcement personnel.
F.
Any such establishment shall have a minimum lot size of one acre.
G.
The structure of a B.Y.O.B. establishment with a capacity of 300
or more persons shall be set back a minimum of 300 feet from the lot
line of any residential use or residential zoning district. Said measurement
shall be from property line to property line.
H.
Security must be provided on site during all operating hours.
[1]
Editor's Note: See 18 Pa.C.S.A. § 7327.
6.
Car Wash: a facility for washing automobiles.
A.
These regulations apply to any primary car wash use or any car wash
accessory to another use, such as a service station or automobile
sales.
B.
An automated car wash shall have on-lot designated areas for prewash
stacking to accommodate a minimum of four cars per 25 linear feet
of automated train.
C.
A self-service car wash shall have on-lot designated areas for prewash
stacking to accommodate a minimum of two cars per bay.
D.
Stacking spaces should be no closer than 20 feet from the public
road right-of-way.
E.
The applicant must demonstrate that no noise from any vacuum facilities
present will be audible by any existing residences or residentially
zoned land.
F.
Car washes must include a water recycling facility.
7.
Convenience Store: a retail establishment of up to 5,000 square feet
selling prepackaged food products, household items, newspapers and
magazines, candy, and beverages, a limited amount of freshly prepared
foods such as sandwiches and salads for off-premises consumption,
self-service fuel or other goods commonly associated with the same.
A.
All commercial establishment uses must be connected to a public sewage
treatment facility.
B.
All commercial establishment uses must be connected to a public or
centralized water supply system.
C.
Commercial/retail uses shall be permitted, subject to the following
conditions:
(1)
All commercial establishments shall be business establishments
which deal directly with a retail customer.
(2)
All permitted and accessory uses, except for off-street loading
and parking, and signs, shall be conducted within completely enclosed
buildings except for sale of planting and nursery stock.
D.
Traffic Control. All commercial uses shall have access and egress
directly to an arterial or collector road as designated in the Official
Township Map.
(1)
All parking, loading, service areas, and parallel access roads
used by motor vehicles shall be physically separated from all roads,
streets, and highways by a landscaped strip so that vehicle access
and egress is controlled.
(2)
Access points or driveways to commercial uses shall be held
to an absolute minimum.
(3)
All access and/or egress points, roads, or driveways shall be
located not less than 100 feet from the intersection of any street
right-of-way lines.
(4)
Access and egress from a commercial lot using a common driveway
shall be separated by a raised mountable concrete island. The island
shall have a minimum width of five feet and a minimum height of six
inches above the finished driveway surface.
(5)
Access and/or egress roads, driveways or points shall be separated
by at least 200 feet, except as described in this section.
(6)
Commercial uses shall not be permitted to have direct access
to any local street so designated in Allen Township's Official Map,
unless specifically approved by the Board of Supervisors.
E.
Internal traffic flows within any lot used for commercial purposes
shall be so controlled that vehicles move in traffic lanes with definite
access and egress points.
(1)
Access and egress points to internal traffic lanes shall be
held to an absolute minimum.
(2)
Traffic lanes shall be separated from each other and from parking
areas by barriers, buffer strips, or by similar means.
(3)
Motor vehicles being able to "cut across" parking areas or traffic
lanes shall be controlled by the use of barriers, buffer strips, or
other means.
F.
Relation to Allen Township's Subdivision Regulations. Standards and provisions contained in Chapter 22, Subdivision and Land Development, shall also apply to commercial developments.
G.
Site Plan Review. Site plan review by the Planning Commission and
approval by the Board of Supervisors shall be required for all commercial
uses.
8.
Family Farm Support Business: a business that is customarily an accessory
to an on-site principal agricultural use which meets all of the following
additional requirements:
A.
The business is conducted on property which is located in the Agricultural
Zoning District, on property that continues to be utilized for principal
agricultural purposes.
B.
The property is principally owned and operated by at least one of
the owners or lessees of such property or a member of the immediate
family of such owner or lessee, and the owner and operator or lessee
and operator of the family farm support business resides on the property.
C.
Within the Rural and Agricultural Zoning Districts, one farm occupation
is permitted by right as an accessory use to a principal agricultural
or horticultural use, provided that the applicant has met his/her
burden of proof that the proposed use meets all applicable regulations
contained within this chapter.
D.
No subdivision of the farm occupation shall be permitted.
E.
A family farm support business may only be conducted on actively
farmed parcels containing at least 10 acres. For the purposes of this
section, a "farm" shall be considered to include an area of land operated
as a single economic agricultural enterprise, regardless of the number
of contiguous parcels, plots, or tracts comprising such an enterprise.
F.
No more than two acres of land shall be devoted to such use, including
areas used for structures, parking, storage, display, setbacks, landscaping,
etc. However, any land serving the family farm support business and
a home and/or farm contained upon the same lot shall not be included
as lot area devoted to the family farm support business.
G.
No more than 50% of the area devoted to a family farm support business
shall be covered by buildings, parking lots or any other impervious
surface.
H.
At least one owner of the family farm support business must live
on the property on which the use is conducted.
I.
No farm business shall be located within 300 feet of any property
used principally for residential purposes (except for dwellings located
upon the same parcel as the farm occupation), nor any lands within
the Rural or Agricultural Zoning District. Such distances shall be
measured as a straight line between the closest points of the property
containing the farm occupation and the residentially used or zoned
properties.
J.
All family farm support businesses shall be conducted upon the same
lot as an actively farmed parcel.
K.
The use must be conducted within one completely enclosed building.
In no case shall such use occupy more than 4,000 square feet of gross
floor area.
L.
Any outbuilding used for such family farm support business shall
be located behind the principal farm residence on the site or, as
an alternative, at least 300 feet from the street right-of-way.
M.
Any outdoor storage of supplies, materials or products shall be located
behind the building in which the family farm support business is located.
Such outdoor storage shall also be screened from adjoining roads and
properties.
N.
Any activities that produce noxious dust, odor, light, or noise perceptible
at the property line are prohibited.
O.
No manufactured home shall be used for a family farm support business.
P.
The applicant shall submit written evidence from the Sewage Enforcement
Officer that the proposed use has an approved means of sewage disposal.
Q.
The applicant is required to submit written information indicating
that the disposal of all materials and wastes will be accomplished
in a manner that complies with state and federal regulations. Such
evidence shall, at a minimum, include copies of contracts with waste
haulers licensed to operate within Northampton County, which have
been contracted to dispose of the materials and wastes used or generated
on site, or some other legal means of disposal. The zoning permit
for this use shall remain valid, only so long as such contracts remain
in effect and all materials and wastes are properly disposed of on
a regular basis. Should the nature of the family farm support business
change in the future, such that the materials used, or wastes generated,
change significantly, either in type or amount, the owner of the farm
occupation shall so inform the Zoning Officer and shall provide additional
evidence demonstrating continued compliance with the requirements
of this section.
R.
The applicant shall submit and abide the following signed and notarized
statement: "I understand that this use has prescribed limitations
that are imposed to protect the rural character of Allen Township.
I also recognize that continued success of my business that requires
expansion beyond such limitations at this location would constitute
a zoning violation. Should expansion beyond these limitations occur,
I will be required to find another, more suitable, location with the
appropriate zoning."
9.
Farmer's Market: the seasonal selling or offering for sale at retail
of vegetables or produce, flowers, orchard products, and similar nonanimal
agricultural products, occurring in a predesignated area, where the
vendors are individuals who have raised the vegetables or produce
or have taken the same on consignment for retail sale.
A.
The number of off-street parking and loading spaces shall be provided as defined by § 27-1422 of this chapter.
B.
The ground surface of off-street parking and loading spaces shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood from inappropriate dust and
other disturbances.
C.
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids is permitted.
10.
Financial Establishment: a bank, savings and loan association, credit
union, or other financial establishment.
11.
Flea Market, Indoor:
A.
Any occasional sales activity conducted entirely in an enclosed building
where stalls or sales areas may be set aside and rented or otherwise
provided which are intended for use by various unrelated individuals
at which articles that are either homemade, homegrown, handcrafted,
old, obsolete, or antique are sold, and which may include the selling
of goods at retail by businesses or individuals who are generally
engaged in retail trade. This use shall be considered a retail business
for purposes of this chapter. Occasional sales activity shall mean
three days per week or less.
B.
Within the Agricultural, Rural, Neighborhood Commercial and Highway Commercial Zoning Districts, farmers and/or flea markets are permitted by conditional use or by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 27-1420 and the following specific criteria:
(1)
The retail sales area shall be considered to be that of the
smallest rectangle, or other regular geometric shape which encompasses
all display stands, booths, tables, or stalls, plus any adjoining
aisles and/or walkways from which consumers can inspect items for
sale. The retail sales area shall include all indoor and/or outdoor
areas as listed above;
(2)
The retail sales area shall be set back at least 20 feet from
all property lines, and shall be calculated as part of the maximum
permitted lot coverage, regardless of its surface treatment;
(3)
Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area, and shall be designed and used in accordance with § 27-1422 of this chapter;
(4)
Off-street loading shall be provided at the rate similar to that imposed on retail sales as listed in § 27-1422 of this chapter. Again, the retail sales area, as described above, shall be used to calculate needed loading space(s);
(5)
All outdoor display and sale of merchandise shall commence no
earlier than one hour after official sunrise and cease no later than
one hour prior to official sunset;
(8)
Trash receptacles shall be provided amid any outdoor retail
sales area. Such trash receptacles shall be routinely emptied so as
to prevent the scattering of litter and debris. All applications shall
include a description of a working plan for the cleanup of litter;
and
(9)
Sewer, water and stormwater regulations applicable to this use
shall be in accordance with the Code of Allen Township.
12.
Flea Market, Outdoor:
A.
Any occasional sales activity conducted in the open air or under
any pavilion or other building, tent or structure which is not fully
enclosed, where stalls or sales areas may be set aside and rented
or otherwise provided which are intended for use by various unrelated
individuals at which articles that are either homemade, homegrown,
handcrafted, old, obsolete, or antique are sold, and which may include
the selling of goods at retail by businesses or individuals who are
generally engaged in retail trade. Occasional sales activity shall
mean three days per week or less.
B.
The same criteria as in the Flea Market, Indoor subsection shall
apply to this use. All applicable provisions of the Uniform Construction
Code shall apply to all applications for this use.
13.
Funeral Home: a building or part thereof used for human or animal
funeral services. (A crematorium is a separate regulated use.) Such
building may contain space and facilities for any of the following:
14.
Indoor Entertainment: an entertainment or recreational facility operated
as a gainful business and taking place within a building, including
a bowling alley, skating rink, billiard hall, movie theater, theater
or other similar use.
15.
Large Retail Stores: stores having more than 10,000 square feet of
floor area, such as supermarkets or department stores selling commodities
and goods to the ultimate consumer.
16.
Lumber Yard: a lumber yard where lumber products are sold, excluding
a planing mill.
17.
Microbrewery/Nanobrewery/Microdistillery.
A.
Microbrewery: a brewing facility that produces less than 15,000 barrels
of beer per year with 75% of its beer sold off site. Microbreweries
sell to the public by one or more of the following methods: the traditional
three-tier system (brewer to wholesaler to retailer to consumer);
the two-tier system (brewer acting as wholesaler to retailer to consumer);
and directly to the consumer through carry-out or on-site taproom
or restaurant sales.
B.
Microdistillery: a facility that produces alcoholic beverages in
quantities not to exceed 15,000 gallons per year and includes an accessory
tasting room, which allows customers to taste samples of the products
manufactured on site and purchase related sales items. Sales of alcohol
manufactured outside the facility are prohibited.
(1)
The use shall comply with all performance standards specified
in this chapter.
(2)
Required off-street parking for any restaurant or tavern associated
with the microbrewery/nanobrewery/microdistillery use shall be clearly
designated and shall be located within 300 feet of the entrance to
the restaurant.
(3)
Dumpsters and service areas shall be screened from the public
right-of-way and not conflict with off-street parking associated with
the use. No dumpsters and/or service areas shall be located between
the front lot line of the lot and the front facade of the principal
structure in which it is located.
(4)
Outdoor storage of materials shall not be permitted.
(5)
A delivery plan for the use shall be submitted for Township
approval.
(6)
A microbrewery shall be located in accordance with the provisions
of the Pennsylvania Liquor Control Board.
(7)
A microbrewery's hours of operation and activities must be appropriately
scheduled to protect surrounding residential neighborhoods from detrimental
noise, disturbance or interruption.
(8)
The owner(s) and operator(s) of the restaurant or tavern associated
with the microbrewery/nanobrewery/microdistillery use shall be responsible
for the conduct and safety of the patrons.
C.
Nanobrewery: a brewing facility which produces beer, regardless of
the percentage of alcohol by volume, in quantities not to exceed 1,250
barrels per month. A nanobrewery may be an accessory to a standard
restaurant or tavern use as defined within this chapter.
18.
Mini-mall: the multiple use of a single property for a planned group
of nonresidential uses, including retail operations, personal services,
offices, financial institutions, medical and dental clinics, restaurants,
taverns, and similar planned uses as determined by the Zoning Officer,
where the uses are less than a cumulative total of 30,000 square feet
of gross floor area and are owned and maintained by an individual,
corporation, partnership or organization. All mini-malls shall be
planned and designed as an integrated unit or converted as such, with
common off-street parking facilities and stormwater management facilities.
A.
Mini-malls shall contain less than 20,000 square feet of cumulative
gross floor area.
B.
A minimum of three acres of contiguous net land area shall be required
to accommodate the uses and facilities for a mini-mall. In addition,
the minimum and maximum dimensional requirements, as specified by
the zoning district in which the mini-mall is located, shall apply.
C.
The following design standards and specifications shall apply to
mini-malls:
(1)
The cumulative gross floor area for a mini-mall shall not exceed
20,000 square feet. For commercial applications exceeding this size,
the provisions for a retail business/large-scale development shall
apply.
(2)
The permitted uses within a mini-mall shall be limited to: retail
business establishments; personal business or service establishments;
professional offices; banks or financial institutions; medical, dental,
vision, counseling and health-care uses; religious uses; educational
uses; municipal or governmental uses; restaurants; taverns; and other
similar uses.
(3)
The maximum number of uses within a mini-mall shall be limited
to 20 independent uses. All proposed uses shall be designed as self-contained
structures without common facilities, which comply with all requirements
of Allen Township Zoning Ordinance.
(4)
All uses within a mini-mall shall be harmoniously planned as
attached units within a single building. As part of the land development
plan application, the applicant shall identify the planned uses within
the mini-mall and demonstrate how these uses can be amicably planned
during all hours of operation.
(5)
Unless otherwise permitted by Allen Township, planned out parcels,
pad sites or detached buildings shall not be considered as part of
the design.
(6)
The mini-mall shall be serviced by public sanitary sewer facilities,
which shall be planned in accordance with the most recent update to
Allen Township Sewage Facilities Plan, as adopted to comply with Pennsylvania
Sewage Facilities Act (PA Act 537, as amended)[2] as well as any ordinances adopted by the Township. All
sewage disposal facilities shall be designed with sufficient capacities,
which shall be subject to the review and approval of Allen Township
and the Pennsylvania Department of Environmental Protection.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
(7)
The mini-mall shall be serviced by public water supply facilities,
which shall be consistent with any plans and ordinances adopted by
Allen Township.
(8)
All other utility provisions serving the mini-mall shall be
planned and installed in accordance with the specifications of the
public utility provider supplying service. Unless otherwise required
by the utility company or authority providing service, all utility
connections shall be installed underground.
(9)
All means of ingress and/or egress shall be located at least
150 feet from any intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The applicant or developer
shall be responsible for the purchase and installation of any traffic
control devices and the construction of additional acceleration and/or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Allen Township.
(10)
Interior accessways shall be designed so as to prevent traffic
congestion at points of ingress and egress. All proposed areas designated
for the loading or unloading of trucks and/or other commercial vehicles
shall be planned and arranged so they may be utilized without interfering
with the interior traffic circulation and parking facilities.
(11)
The off-street parking spaces shall be designed to comply with
the provisions specified under this chapter.
(12)
All proposed signs for the mini-mall shall comply with the provisions
specified under this chapter.
(13)
The side and rear lot lines of the property shall be adequately
screened with a twenty-foot-wide landscaped buffer yard.
(14)
Exterior storage areas for trash and rubbish shall be properly
screened with secured fencing and landscaping materials. All containers
shall be enclosed, verminproof and have adequate storage capacity
to accommodate the projected volumes of solid waste. No such storage
area for trash and rubbish shall be permitted within 20 feet from
any property line or street right-of-way line.
D.
The ownership of any mini-malls shall be under single ownership,
partnership, corporation, or under a guaranteed unified management
control. The mini-mall must have at least one on-site manager or a
designated individual whose office is located within 100 miles of
Allen Township. The owner shall provide Allen Township with a complete
list of on-site managers or designated individuals on an annual basis.
The list shall include the name, mailing address and telephone number
of each on-site manager or each designated individual responsible
for the daily operation of the mini-mall.
E.
The owner or manager shall provide Allen Township with a complete
list of tenants located within the mini-mall on an annual basis. The
list shall include the name of the tenant, business name, mailing
address, telephone number, land use activity and scheduled hours of
operation.
F.
As part of the land development plan, the applicant shall provide
evidence that the use or activities shall comply with the provisions
established by Allen Township. This may include the submission of
a grading plan, utility plan, landscaping plan, architectural renderings,
traffic impact study and/or environmental impact assessment report.
Prior to the submission of the land development plan, the applicant
shall consult with the Allen Township Engineer and Zoning Officer
to initially discuss the supplemental documentation that may be required
as part of the application.
G.
As part of the land development plan, Allen Township may consider
optional design and site development alternatives if the standard
requirements are determined to be unwarranted or inappropriate based
upon the existing site conditions. If approved, the optional design
and site requirements shall be considered as part of the land development
plan and/or zoning permit.
19.
Mini-market: a retail store which sells both convenience food items
and gasoline, and may provide certain services as an accessory use,
which may include a drive-through service component. A mini-mart is
not a convenience store. Retail, service, drive-through and food service
uses are permitted as accessory uses within the same structure, provided
that adequate parking facilities be provided in the proper amount
based upon the proposed cumulative amount of seating and square footage
of retail area.
A.
All commercial establishment uses must be connected to a public sewage
treatment facility.
B.
All commercial establishment uses must be connected to a public or
centralized water supply system.
C.
Commercial/retail uses shall be permitted subject to the following
conditions:
(1)
All commercial establishments shall be business establishments
which deal directly with a retail customer.
(2)
All permitted and accessory uses, except for off-street loading
and parking, and signs, shall be conducted within completely enclosed
buildings except for the sale of planting and nursery stock.
D.
Traffic Control. All commercial uses shall have access and egress
directly to an arterial or collector road as designated in the Official
Township Map.
(1)
All parking, loading, service areas, and parallel access roads
used by motor vehicles shall be physically separated from all roads,
streets, and highways by a landscaped strip so that vehicle access
and egress is controlled.
(2)
Access points or driveways to commercial uses shall be held
to an absolute minimum.
(3)
All access and/or egress points, roads, or driveways shall be
located not less than 100 feet from the intersection of any street
right-of-way lines.
(4)
Access and egress from a commercial lot using a common driveway
shall be separated by a raised mountable concrete island. The island
shall have a minimum width of five feet and a minimum height of six
inches above the finished driveway surface.
(5)
Access and/or egress roads, driveways or points shall be separated
by at least 200 feet, except as described in this chapter.
(6)
Commercial uses shall not be permitted to have direct access
to any local street so designated in Allen Township's Official Map.
E.
Internal traffic flows within any lot used for commercial purposes
shall be so controlled that vehicles move in traffic lanes with definite
access and egress points.
(1)
Access and egress points to internal traffic lanes shall be
held to an absolute minimum.
(2)
Traffic lanes shall be separated from each other and from parking
areas by barriers, buffer strips, or by similar means.
(3)
Motor vehicles being able to "cut across" parking areas or traffic
lanes shall be controlled by the use of barriers, buffer strips, or
other means.
F.
The maximum number of fueling pumps (One pump shall serve a maximum
of two fueling positions only.) shall be permitted based upon the
size of the building housing the mini-market, which shall be specified
as follows:
|
Mini-Market Gross Floor Area
|
Maximum Number of Fuel Pumps
|
Maximum Number of Fueling Positions
| |
|---|---|---|---|
|
Less than 4,000 square feet
|
4
|
8
| |
|
4,000 square feet to 5,000 square feet
|
5
|
10
| |
|
5,000 square feet to 6,000 square feet
|
6
|
12
| |
|
6,000 square feet to 8,000 square feet
|
7
|
14
| |
|
8,000 square feet to 10,000 square feet
|
8
|
16
|
(1)
As part of the land development plan application, Allen Township
may require a reduction of the total number of fuel pumps if, in its
evaluation of the applicant's traffic study, it determines that safe
and convenient vehicular circulation cannot be accommodated on the
site.
(2)
The canopy covering the fuel pumps shall not exceed 20 feet
from ground level at its highest point. Allen Township may permit
a greater canopy height up to 30 feet if the design of the canopy
is considered as an architectural enhancement in the opinion of the
Board of Supervisors.
(3)
The canopy shall not exceed in area (as measured in square feet)
the gross floor area of the mini-market building. However, the canopy
shall not exceed 7,000 square feet in total area.
(4)
The mini-market shall be constructed with brick, stone and stucco,
or such combination thereof as is approved by Allen Township, facing
on all four sides of the building from the ground level to the roof.
G.
The following provisions for exterior lighting shall apply to all
proposed mini-markets:
(1)
All gasoline pump dispensers shall be covered by a canopy and
shall be illuminated by overhead lighting during nondaylight hours.
Canopy lighting shall be located on the undersurface (ceiling) of
the canopy and shall be limited to flush lens fixtures mounted on
the canopy ceiling.
(2)
Drop lens fixtures are prohibited. Up-lens lighting fixtures
mounted on the canopy structure above the level of gas pumps are permitted
if they have the effect of reducing glare from the lighting fixtures
mounted on the canopy ceiling. Outdoor canopies include, but are not
limited to, fuel island canopies associated with service stations
and convenience stores and exterior canopies above storefronts. In
no event shall any other lighting fixtures be located on or otherwise
attached to or used to light a canopy or any area of the property
adjacent to the canopy. Canopy lighting over fuel dispensing positions
shall not exceed an average of 20.0 maintained footcandles.
(3)
Lighting for parking areas shall provide an illumination level
utilizing the currently recommended standards of the Illuminating
Engineering Society of North America, unless a more stringent standard
is imposed as a condition of approval granted by the Board of Supervisors
under the circumstances of each application. Exterior lighting of
the building is precluded, except as determined necessary for security
or for code compliance.
(4)
In no case shall illumination exceed 0.5 footcandle measured
at the property lines, except at driveway entrances, provided the
illumination at the cartway center line of the contiguous street shall
not exceed 1.0 footcandle, unless a more stringent standard is ordered
by the Board under the circumstances of each application.
H.
All designated points of ingress and egress to and from the lot shall
be designed to promote safe and convenient access, as finally approved
by Allen Township Engineer and Zoning Officer.
I.
The internal vehicular circulation pattern of any lot upon which
a convenience store with gasoline sales is proposed shall be designed
so as to prevent vehicles waiting for such gasoline service from stacking
onto public streets. In addition to the required minimum parking spaces,
there shall be a minimum of one vehicular stacking space for each
fueling position.
J.
Hand equipment intended to be utilized for the washing of windows
of motor vehicles, as well as places for the storage of such equipment,
may be permitted as an accessory feature.
K.
The applicant shall submit a traffic study with the land development
plan application demonstrating the adequacy of existing or proposed
streets to accommodate any increase in traffic from the proposed use
and the adequacy of the proposed vehicular interior circulation on
the lot.
L.
A traffic impact study shall be conducted in order to assess transportation
conditions and needs. The traffic impact study should identify how
the potential adverse impacts associated with traffic volumes and
vehicle weight will be mitigated and/or prevented. The traffic impact
study shall be submitted to Allen Township as part of the land development
plan application.
M.
An environmental impact assessment report shall be conducted in order
to assess existing and proposed site conditions. The environmental
impact assessment report should identify how potential environmental
or ecological impacts will be mitigated and/or prevented. The environmental
impact assessment report shall be submitted to Allen Township as part
of the land development plan application.
N.
The off-street parking and loading spaces shall be designed to comply
with the provisions specified under this chapter.
O.
All proposed signs shall comply with the provisions specified under
this chapter.
20.
Nightclub: an establishment that meets all of the following standards:
1) offers amplified music after 12:00 midnight; 2) sells alcoholic
beverages primarily for on-site consumption; 3) includes hours open
to patrons after 12:00 midnight; 4) has a building capacity of over
150 persons; and 5) has less than 20% of its total sales in food and
nonalcoholic beverages.
A.
A forty-foot buffer yard shall completely separate the structure
and all off-street parking areas from any lot line of any residential
use or undeveloped residentially zoned lot.
B.
Nightclubs shall have a minimum lot size of one acre for each 150
seats or a one-hundred-fifty-person capacity.
C.
The structure of a nightclub with a capacity of 300 or more persons
shall be set back a minimum of 300 feet from the lot line of any residential
use or residential district.
D.
All such uses shall maintain a setback of at least 500 feet from
any school, church or similar facility. Said setback shall be measured
from property line to property line.
E.
For purposes of enforcing this chapter and other applicable ordinances,
inspections of said premises may be conducted at any time by both
law enforcement and code enforcement personnel.
F.
Security must be provided on site during all operating hours.
21.
Motel or Hotel: a building or group of buildings for the accommodations
of transient guests, chiefly motorists, containing guest rooms for
rent.
22.
Outdoor Entertainment: an outdoor entertainment or recreational facility,
including miniature golf and golf driving ranges, operated as a gainful
business and not including an outdoor motion picture establishment
or vehicular track or course.
A.
Recreation areas shall be set back at least 100 feet from any lot
line if adjacent land is zoned for or is in residential use and 25
feet from other uses.
B.
Recreation areas shall be sufficiently screened and isolated so as
to protect the neighborhood from inappropriate noise and other disturbance.
23.
Outdoor Recreational Facility, Commercial: a commercial activity
conducted entirely outside which is designed to amuse, entertain,
or otherwise provide for the recreation of persons, other than the
conductors of the activity, and which requires a fee or charge in
order for a person to partake in the activity and includes, but is
not limited to, tennis, swimming, baseball, basketball, etc. The phrase
"outdoor recreational facility" shall specifically be construed to
indicate that all activity (recreation) shall occur out of doors.
The term "recreation facility" shall not be construed to include amusement
parks, or off-track betting parlors, adult bookstores, adult entertainment
facilities or theaters.
24.
Parking Lot or Garage: a lot of record upon which the parking or
storing of automotive vehicles is the primary use.
25.
Repair Shop: a repair shop for appliances, lawn mowers, watches,
guns, bicycles, locks, or small business machines, but not including
motor vehicles, motorcycles, trucks, and heavy equipment.
26.
Restaurants.
A.
Restaurant, Drive-In: an establishment where patrons are served food,
soft drinks, ice cream and similar confections for consumption off
the premises or in automobiles parked upon the premises, regardless
of whether or not in addition thereto seats or accommodations are
provided for the patrons.
B.
Restaurant, Fast-Food:
(1)
An establishment that sells ready-to-consume food or drink that
routinely involves the consumption of at least a portion of such food
on the premises and that does not meet the definition of a "standard
restaurant." This term shall also include a use that primarily involves
off-premises delivery of ready-to-eat food, other than a catering
business.
(2)
A fast-food restaurant may include the accessory sale of alcoholic
beverages; however, if such sale is a primary or substantial portion
of the total trade, the requirements of a tavern must be met.
(3)
If a primary or substantial portion of the total trade is in
admission charges for entertainment and the use has a capacity of
more than 250 persons for such entertainment, the requirements for
a nightclub shall be met.
C.
Restaurant, Standard:
(1)
An establishment that serves ready-to-consume food or drink
for compensation, in which the clear majority of sales involve the
following: the customers order their food while seated inside a building
from a server and then the food is delivered to their table for consumption.
(2)
A standard restaurant may include the accessory sale of alcoholic
beverages; however, if such sale is a primary or substantial portion
of the total trade, the requirements of a tavern must be met.
(3)
If a primary or substantial portion of the total trade is in
admission charges for entertainment and the use has a capacity of
more than 250 persons for such entertainment, the requirements for
a nightclub shall be met.
D.
Drive-Through and/or Fast-Food Restaurants:
(1)
Drive-through and/or fast-food restaurants are permitted-by-right uses, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 27-1420 and specifically as follows:
(a)
The subject property shall have vehicular access onto an arterial
or collector road;
(b)
Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter. All applications shall
include a description of a working plan for the cleanup of litter;
(c)
All drive-through window lanes shall be separated from the parking
lot's interior driveways;
(d)
Any exterior speaker/microphone system shall be arranged and/or
screened to prevent objectionable noise impact on adjoining properties;
(e)
All exterior play/activity areas shall be completely enclosed
by a three-foot-high fence. Uses providing outdoor activities shall
provide sufficient screening and/or landscaping measures to mitigate
visual and/or audible impacts on adjoining properties;
(f)
Outdoor seating areas for patrons shall comply with the following:
1)
Such seating shall be situated and designed so as
not to be adversely impacted by potential nearby agricultural activities,
nor to adversely impact nearby residences and shall comply with all
setback requirements imposed upon buildings within the respective
zone;
2)
Such seating shall be accessory to the principal
interior seating accommodations;
3)
During use, such seating shall be continuously supervised
by an employee or owner of the use;
4)
Any lighting or music systems serving such seating
shall be designed and operated so as not to constitute a nuisance
to adjoining properties; and
5)
The applicant shall furnish and implement a working
plan for the continuous cleanup of litter and debris that may result
from such outdoor seating;
(g)
Ventilation exhausts shall meet all applicable state and federal
air quality standards. Ventilation outlets must be set back at least
50 feet from all property lines or be directed skyward; in no case
shall any such exhaust outlet be directed toward adjoining residences/properties;
(h)
Where a drive-in window is proposed, a stacking lane shall be
provided to serve a minimum of eight 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.
(2)
All restaurants uses shall be located on an approved lot, which
complies with the minimum and maximum dimensional requirements as
well as the utility provisions, which are further specified by the
appropriate zoning district to which the restaurant is located or
by the appropriate development requirements specified by this Zoning
Ordinance.
(3)
The following standards and specifications shall be required
for restaurants:
(a)
The restaurant shall be serviced by public sanitary sewer facilities,
which shall be planned in accordance with the most recent update to
Allen Township Sewage Facilities Plan, as adopted to comply with Pennsylvania
Sewage Facilities Act (PA Act 537, as amended),[3] as well as any ordinances adopted by the Township. All
sewage disposal facilities shall be designed with sufficient capacities,
which shall be subject to the review and approval of Allen Township
and the Pennsylvania Department of Environmental Protection.
[3]
Editor's Note: See 35 P.S. § 750.1 et seq.
(b)
The use shall be serviced by public water supply facilities,
which shall be consistent with any plans and ordinances adopted by
Allen Township.
(c)
All other utility provisions serving the restaurant shall be
planned and installed in accordance with the specifications of the
public utility provider supplying service. Unless otherwise required
by the utility company or authority providing service, all utility
connections shall be installed underground.
(d)
A restaurant may contain an accessory area or use devoted to
outdoor eating, retail sales, social quarters, meeting rooms, bars,
taverns, taprooms, and similar uses, provided the cumulative total
area of the accessory use does not exceed 50% of the cumulative gross
floor area of the restaurant.
(e)
All means of ingress and/or egress shall be designed to accommodate
traffic in a safe and efficient manner. The applicant or developer
shall be responsible for the purchase and installation of any traffic
control devices and the construction of additional acceleration and/or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Allen Township.
(f)
The provisions for landscaping, lighting and other supplemental
requirements shall be considered and designed to comply with the applicable
provisions of this chapter.
(g)
The off-street parking, loading spaces and interior access lanes
shall be designed to comply with the provisions specified in this
chapter.
(h)
All proposed signs shall comply with the provisions specified
in this chapter.
(i)
As part of the land development plan, the applicant shall provide
evidence that the use or activities shall comply with the provisions
established by Allen Township. This may include the submission of
a grading plan, utility plan, landscaping plan, lighting plan, traffic
impact study and/or environmental impact assessment report. Prior
to the submission of the land development plan, the applicant shall
consult with Allen Township Engineer and Zoning Officer to initially
discuss the supplemental documentation that may be required as part
of the application.
27.
Retail Store: retail shops and stores with a gross floor area of
10,000 square feet or less selling apparel, books, confections, drugs,
dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys,
household appliances, jewelry, notions, periodicals, shoes, stationery,
tobacco, luggage, sporting goods, pets, floor covering, fabrics, or
garden supplies. Also included within this use shall be the sale of
soft drinks and alcoholic beverages in sealed containers not for consumption
on the premises.
28.
Large-scale Retail/Commercial Development: an individual freestanding
building or multiple-building development in which the combined total
of all structures and outdoor sales areas within the development (regardless
of diverse lotting, use or tenancy) combine to total more than 10,000
square feet of gross floor area, used for conference centers; hotels;
motels; commercial recreation facilities; restaurants; retail businesses;
service establishments; taverns; theaters; or similar patron-based
uses; but not including camps/retreats, country clubs, and resorts;
also referred to as a "shopping center" or "shopping mall." Retail
business/large-scale development shall be subject to the following
design standards and specifications:
A.
Retail business/large-scale development shall have a minimum of 10
acres of contiguous land area, which shall comply with the minimum
and maximum dimensional requirements of this Zoning Ordinance.
B.
The cumulative gross floor area of the shopping center or shopping
mall may exceed 20,000 square feet.
C.
The permitted uses within the shopping center or shopping mall shall
be limited to: retail business establishments; personal business or
service establishments; professional offices; banks or financial institutions;
medical or dental offices; family entertainment complexes; movie theaters;
recreational uses; municipal or governmental uses; religious uses;
educational uses; restaurants; taverns; nightclubs; and other similar
uses.
D.
The maximum number of uses within the shopping center or shopping
mall shall be unlimited, provided that each use is designed as part
of a common facility or as self-contained structures which comply
with all requirements of Allen Township Zoning Ordinance.
E.
The following minimum and maximum dimensional requirements shall
apply to the shopping center or shopping mall:
(1)
The minimum lot width shall be 300 feet.
(2)
All principal and accessory buildings shall be located at least
50 feet from all property lines or street right-of-way lines.
(3)
The minimum separation distance of buildings shall be 50 feet.
(4)
The maximum height of all buildings and structures shall be
determined by the standards for the zoning district of the proposed
use.
(5)
Off-street parking areas shall be located at least 20 feet from
all property lines or street right-of-way lines.
(6)
The maximum building coverage shall not exceed 40% of the lot
area.
(7)
The maximum lot coverage shall not exceed 60% of the lot area.
F.
All uses within the retail business/large-scale development shall
be harmoniously planned within a single building or within groups
of buildings. As part of the land development plan application, the
applicant or developer shall identify the planned uses within the
large-scale commercial development and demonstrate how these uses
can be amicably planned during all hours of operation.
G.
Each planned-out parcel, pad site or detached building located within
a separate lot shall meet the required minimum dimensional requirements
of the zoning district where proposed.
H.
Gasoline, diesel or kerosene sales shall be prohibited as part of
the large-scale commercial development.
I.
The use shall be serviced by public sanitary sewer facilities, which
shall be planned in accordance with the most recent update to Allen
Township Sewage Facilities Plan, as adopted to comply with Pennsylvania
Sewage Facilities Act (PA Act 537, as amended),[4] as well as any ordinances adopted by the Township. All
sewage disposal facilities shall be designed with sufficient capacities,
which shall be subject to the review and approval of Allen Township
and the Pennsylvania Department of Environmental Protection.
[4]
Editor's Note: See 35 P.S. § 750.1 et seq.
J.
The use shall be serviced by public water supply facilities, which
shall be consistent with any plans and ordinances adopted by Allen
Township.
K.
All other utility provisions serving the shopping center or shopping
mall shall be planned and installed in accordance with the specifications
of the public utility provider supplying service. Unless otherwise
required by the utility company or authority providing service, all
utility connections shall be installed underground.
L.
All means of ingress and/or egress shall be located at least 200
feet from any intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The applicant or developer
shall be responsible for the purchase and installation of any traffic
control devices and the construction of additional acceleration and/or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Allen Township.
M.
A minimum of two separate points of vehicular ingress and egress
shall be established for shopping centers or shopping malls. The points
of ingress and egress shall be separated by at least 500 linear feet
of road frontage. All points of ingress and egress shall be designed
to provide direct access onto a collector or arterial road.
N.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. All proposed areas designated for
the loading or unloading of trucks and/or other commercial vehicles
shall be planned and arranged so they may be utilized without interfering
with the interior traffic circulation and parking facilities.
O.
The off-street parking spaces shall be designed to comply with the provisions specified pursuant to § 27-1422.
P.
All proposed signs for the shopping center or shopping mall shall
comply with the provisions specified under this chapter.
Q.
The side and rear lot lines of the property shall be adequately screened
with a thirty-foot-wide landscaped buffer yard.
R.
Exterior storage areas for trash and rubbish shall be properly screened
with secured fencing and landscaping materials. All containers shall
be enclosed, verminproof and have adequate storage capacity to accommodate
the projected volumes of solid waste. No such storage area for trash
and rubbish shall be permitted within 100 feet from any property line
or street right-of-way line.
S.
The ownership of any large-scale commercial development shall be
under single ownership, partnership, corporation, or under a guaranteed
unified management control. The shopping center must have at least
one on-site manager or a designated individual whose office is located
within 100 miles of Allen Township. The owner shall provide Allen
Township with a complete list of on-site managers or designated individuals
on an annual basis. The list shall include the name, mailing address
and telephone number of each on-site manager or each designated individual
responsible for the daily operation of the mini-mall, shopping center
or shopping mall.
T.
The owner or manager shall provide Allen Township with a complete
list of tenants located within the shopping center or shopping mall
on an annual basis. The list shall include the name of the tenant,
business name, mailing address, telephone number, land use activity
and scheduled hours of operation.
U.
As part of the land development plan, the applicant shall provide
evidence that the use or activities shall comply with the provisions
established by Allen Township. This may include the submission of
a grading plan, utility plan, landscaping plan, lighting plan, traffic
impact study and/or environmental impact assessment report. Prior
to the submission of the land development plan, the applicant shall
consult with the Allen Township Engineer and Zoning Officer to initially
discuss the supplemental documentation that may be required as part
of the application.
V.
As part of the land development plan, Allen Township may consider
optional design and site development alternatives if the standard
requirements are determined to be unwarranted or inappropriate based
upon the existing site conditions. If approved, the optional design
and site requirements shall be considered as part of the land development
plan and/or zoning permit.
29.
Retail Home Heating Fuel Distribution or Fuel Distribution: any facility
which stores home heating fuel products in bulk for distribution by
delivery truck, including, but not limited to: coal, kerosene, home
heating oil, diesel fuel, gasoline, or propane, stored in large-volume
tanks for distribution to residential, retail or wholesale establishments.
30.
Service Business: a business enterprise which primarily engages in
the provision of service, such as hair cutting, shoe repair, photographer,
travel agency, photocopy center, dry cleaning, tailoring, sewing,
etc.
A.
Parking: one off-street parking space for every 100 square feet of
gross floor area used or intended to be used for servicing customers,
plus one space for each employee.
B.
Where a drive-in window is proposed, a stacking lane shall be provided
to serve a minimum of eight 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.
31.
Service Station: an establishment for the sale of vehicular fuels
and the sale and installation of lubricants, tires, batteries, and
similar automotive accessories.
32.
Shopping Center: five or more retail stores that are separated primarily
by vertical walls and are in a complex designed as an integrated unit
served by common parking and service facilities, and which has architectural
and landscape unity. Such use may include offices, restaurants and
personal service uses.
33.
Tavern:
A.
An establishment that serves ready-to-consume food or drink for compensation
in which the clear majority of sales involve the following: the customers
order their food while seated inside a building from a server and
then the food is delivered to their table for consumption.
B.
A standard restaurant may include the accessory sale of alcoholic
beverages; however, if such sale is a primary or substantial portion
of the total trade, the requirements of a tavern must be met.
C.
If a primary or substantial portion of the total trade is in admission
charges for entertainment and the use has a capacity of more than
250 persons for such entertainment, the requirements for a nightclub
shall be met.
34.
Truck Sales: truck and heavy equipment repair and sales.
35.
Veterinary: the office of a veterinarian with an accessory animal
kennel. In no event shall animal kennels be allowed as a primary use.
[Ord. 2017-02, 3/28/2017]
1.
Adult-Oriented Establishments.
A.
Adult Entertainment:
(1)
An exhibition of any adult-oriented motion pictures, meaning
those distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
(2)
A live performance, display or dance of any type which has as
a significant or substantial portion of the performance any actual
or simulated performance of specified sexual activities or exhibition
and viewing of specified anatomical areas, removal of articles of
clothing or appearing unclothed, pantomiming, modeling or any other
personal services offered customers.
B.
Adult-Oriented Establishment: The term includes, without limitation,
the following establishments when operated for profit, whether direct
or indirect:
(1)
Adult Bookstore: an establishment having a substantial or significant
portion of its stock and trade in, or an establishment which as one
of its principal business purposes offers for sale, books, films,
video cassettes or magazines and other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas and, in conjunction therewith, has facilities for the presentation
of adult entertainment for observation by patrons.
(2)
Adult Motion-Picture Theater: an enclosed building with a capacity
of 50 or more persons which has a principal business purpose of exhibiting,
presenting or selling material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
(3)
Adult Mini Motion-Picture Theater: an enclosed building with
a capacity of less than 50 persons which has a principal business
purpose of exhibiting, presenting or selling material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
for observation by patrons.
(4)
Massage Establishment:
(a)
Any premises to which the public, patrons or members are invited
or admitted and which are so physically arranged as to provide booths,
cubicles, rooms, studios, compartments or stalls separate from the
common areas of the premises for the purpose of viewing adult-oriented
motion pictures or where an entertainer provides adult entertainment
to a member of the public, a patron or a member.
(b)
An adult entertainment studio or any premises that are physically
arranged and used as such, whether advertised or represented as an
adult entertainment studio, rap studio, exotic dance studio, encounter
studio, sensitivity studio, modeling studio or any other term of like
import.
(5)
Sexual Activities: The term does not include any of the following:
(a)
Any art or photography publications which devote at least 25%
of the lineage of each issue to articles and advertisements dealing
with subjects of art or photography.
(b)
Any news periodical which reports or describes current events
and which, from time to time, publishes photographs of nude or seminude
persons in connection with the dissemination of the news.
(c)
Any publications or films which describe and report different
cultures and which, from time to time, publish or show photographs
or depictions of nude or seminude persons when describing cultures
in which nudity or seminudity is indigenous to the populations.
(8)
The Township has determined that the establishment and operation
of adult-oriented establishments will cause various secondary effects
which may have an impact on the health, safety, and general welfare
of the Township and its citizens. Said secondary effects include,
inter alia, an increase in law enforcement activity, an increase in
municipal maintenance and trash collection, possible deleterious effects
on local business and residential property values, an increase in
crime and/or prostitution, and the potential for the relocation of
residents and businesses.
(9)
As a result of the aforementioned concerns, Allen Township has
determined that adult-oriented establishments shall be permitted by
conditional use only in the Industrial District (I). Nothing contained
herein is intended to effect or suppress any activities which may
be protected by the First Amendment to the United States Constitution.
It is the intent of Allen Township, by adopting this chapter, to address
the above-mentioned secondary effects associated with adult-oriented
establishments.
(10)
An adult-oriented establishment shall not be permitted to be
located within 1,000 feet of any other adult-oriented establishment.
(11)
No adult-oriented establishment shall be located within 600
feet of any residentially zoned land or existing residence.
(12)
No adult-oriented establishment shall be located within 600
feet of any parcel of land which contains any one or more of the following
specified land uses:
(13)
The distance between any two adult-oriented establishments shall
be measured in a straight line, without regard to intervening structures,
from the closest point on the exterior parcel line of each establishment.
The distance between any adult entertainment establishment and any
land use specified above shall be measured in a straight line, without
regard to intervening structures, from the closest point on the exterior
parcel line of the adult entertainment establishment to the closest
point on the property line of said land use.
(14)
No materials, merchandise, or film offered for sale, rent, lease,
loan or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
(15)
Any building or structure used and occupied as an adult-oriented
establishment shall be windowless, or have an opaque covering over
all windows or doors of any area in which materials, merchandise,
or film are exhibited or displayed and no sale materials, merchandise,
or film shall be visible from outside of the building or structure.
(16)
No sign shall be erected upon the premises depicting or giving
a visual representation of the type of materials, merchandise, or
film offered therein.
(17)
Each entrance to the premises shall be posted with a notice
specifying that persons under the age of 18 years are not permitted
to enter therein and warning all other persons that may be offended
upon entry.
(18)
No adult-oriented establishment may change to another adult-oriented
establishment, except upon approval of an additional conditional use.
(19)
The use shall not create an enticement for minors because of
its proximity to nearby uses where minors may congregate.
(20)
No unlawful sexual activity or conduct shall be permitted.
(21)
No more than one adult-related facility may be located within
one building or shopping center.
(22)
A minimum lot size of three acres is required.
(23)
Display of the following specified anatomical areas is prohibited:
(25)
No such use shall be used for any purpose that violates any
federal, state or Township law.
(26)
The use shall not include the sale or display of obscene materials,
as defined by state law, as may be amended by applicable court decisions.
(27)
For public health reasons, private or semiprivate viewing booths
of any kinds are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers. No room
of any kind accessible to customers shall include less than 150 square
feet.
(28)
No use may include live actual or simulated sex acts or any
sexual contact between entertainers or between entertainers and customers.
(29)
Unless the Zoning Officer agrees in advance to send such notices,
the applicant shall provide a written affidavit stating that he/she
has mailed or delivered a written notice of the proposed hearing date
to all property owners of record within 500 feet of the subject property
at least 10 days prior to the hearing date.
(30)
Any application for such use shall state the names, home addresses
and home phone numbers of all individuals intended to have more than
5% ownership in such use or in a corporation owning such use and an
on-site manager responsible to ensure compliance with this chapter.
Such information shall be updated twice a year in writing to the Zoning
Officer.
2.
Airport: any area of land or water which is used, or is intended
to be used, for the landing or takeoff of aircraft and any appurtenant
areas which are used, or are intended to be used, for airport buildings
or air navigation facilities or rights-of-way, together with all facilities
thereon; in this case, the Lehigh Valley International Airport (ABE).
As used herein, the term "airport" includes public airports, but excludes
private airports or heliports.
3.
Commercial Communications Towers and Antennas.
A.
Commercial Communications Antenna: any device used for the transmission
or reception of radio, television, wireless telephone, pager, commercial
mobile radio service, or any other wireless communications signals,
including without limitation omnidirectional or whip antennas and
directional or panel antennas, owned or operated by any person or
entity licensed by the Federal Communications Commission (FCC) to
operate such device. This definition shall not include private-residence-mounted
satellite dishes or television antennas, or amateur radio equipment,
including without limitation ham or citizen-band radio antennas.
B.
Commercial Communications Tower: a structure other than a building,
such as a monopole, self-supporting or guyed tower, designed and used
to support commercial communications antennas.
C.
Fall Zone: the area on the ground within a prescribed radius from
the base of a commercial communications tower. The fall zone is the
area within which there is a potential hazard from falling debris
or the collapsing of the commercial communications tower. The fall
zone shall be determined by the applicant's engineer and reviewed
by the Township Engineer.
D.
Commercial communications towers and/or antennas attached to the
ground shall be set back a minimum distance of 100 feet or the distance
equal to the commercial communications tower fall zone, whichever
is greater, from any property line (not lease line) and existing street
right-of-way line. For the purposes of determining the fall zone,
the applicant's registered professional engineer shall submit a determination
of the same to the Township which shall be subject to review by the
Township Engineer. Any building constructed in conjunction with the
tower must comply with the standard building setbacks of the zone
in which it is located.
E.
Commercial communications towers and/or antennas attached to existing
structures shall not extend in height beyond 20 feet above the height
of the existing structures that they are attached to, and shall be
set back a minimum distance, exactly equal to their identified fall
zone, from the property lot lines (not lease lines) and existing street
right-of-way lines.
F.
The base of a commercial communications tower shall be surrounded
by a secure fence with a minimum height of eight feet.
G.
The following landscaping shall be required in addition to that which may be required by any other applicable section of this chapter in order to screen the fence referred to in Subsection 3F above and any other ground-level features, buildings, or structures. Alternative forms of screening may be permitted in lieu of the following landscaping if approved by the Township Zoning Officer during zoning permit review, or the Board of Supervisors during the conditional use process.
H.
An evergreen screen shall be required to surround the site of the
proposed commercial communications tower. The screen shall be either
a hedge (planted three feet on center maximum) or a row of evergreen
trees (planted 10 feet on center maximum). The evergreen screen shall
be a minimum six feet at planting and shall grow to a minimum of 15
feet at maturity.
I.
Existing vegetation on and around the site shall be preserved to
the greatest extent possible.
J.
Commercial communications towers shall be no closer to an existing
residential dwelling or residential zoning district boundary line
than 250 feet or the distance equal to the fall zone, whichever is
greater, provided that this restriction shall not apply to a residential
dwelling located on the same property as the tower.
K.
A minimum of two off-street parking spaces shall be provided for
a commercial communications tower or antenna.
L.
For any commercial communications tower or antenna higher than 50
feet, the applicant shall provide certification from a Pennsylvania
registered professional engineer stating that the commercial communications
tower or antenna meets the wind resistance, structural integrity and
all other applicable requirements of the BOCA National Building Code,
as amended, and the Structural Standards for Steel Antenna Towers
and Antenna Support Structures published by the Electrical Industry
Association/Telecommunications Industry Association.
M.
Documentation from the Federal Aviation Administration (FAA) shall
be submitted by an applicant for any commercial communications tower
or antenna exceeding 200 feet in height, stating that the same has
been approved by the FAA. Commercial communications towers or antennas
of less than 200 feet in height shall meet the requirements of 14
CFR § 77.13(a), as amended. The requirements of airport
zoning performance standards of this chapter must be met.
N.
No signs or lights shall be mounted on a commercial communications
tower or antenna except as may be required by the Federal Communications
Commission (FCC), the Federal Aviation Administration (FAA), or any
other governmental agency having jurisdiction over the same. Safety
beacons may be required by the Township.
O.
Any applicant for a proposed commercial communications tower or antenna
located within a radius of five aerial miles of the Lehigh Valley
International Airport (LVIA) shall notify LVIA, in writing, of its
intent to construct a commercial communications tower or antenna prior
to construction of the same.
P.
Documentation that the applicant for the commercial communications
tower or antenna is currently and properly licensed by the Federal
Communications Commission (FCC) shall be provided.
Q.
Documentation of FCC approval for any proposed commercial communications
tower or antenna shall be provided by the applicant. The documentation
shall also demonstrate that the proposed commercial communications
tower or antenna complies with all applicable standards established
by the FCC governing human exposure to electromagnetic radiation.
R.
The applicant shall demonstrate, utilizing the most current technological
evidence available, that the commercial communications tower or antenna
must be constructed where it is proposed in order to satisfy its function
pursuant to the communication industry's technological requirements.
S.
The applicant shall demonstrate that it has made reasonable effort
to locate the commercial communications tower or antenna on an existing
structure within a reasonable distance from the proposed site.
T.
The tower and any buildings must be provided with a paved access
drive from a public road unless waived in writing by the Allen Township
Board of Supervisors.
U.
The applicant shall agree, in writing, to permit co-location on its
tower, at reasonable market rates, of additional antennas by another
cellular or wireless communications provider, provided that said co-location
does not disrupt the applicant's service.
V.
If a commercial communications tower remains unused for a period
of 12 consecutive months, the owner or operator shall dismantle and
remove the tower and/or antenna within six months of notice to do
such by the Township. Further, the owner or operator of the tower
and/or antenna shall post security, in a form acceptable to the Township,
at the time of issuance of the zoning permit favoring the Township
in an amount to cover tower and/or antenna removal and site cleanup.
The security shall be utilized by the Township in the event that the
owner or operator of the tower and/or antenna fails to remove the
tower and/or antenna within six months of notification by the Township.
4.
Heliport: an area, either at ground level or elevated on a structure,
licensed by the federal government or an appropriate commonwealth
agency and approved for the loading, landing, and takeoff of helicopters,
and including auxiliary facilities such as parking, waiting room,
fueling and maintenance equipment.
A.
A heliport, as a conditional use in the Industrial (I) or Rural (R)
Zoning District, shall meet the following criteria:
(1)
Minimum lot area: five acres.
(2)
All portions of the heliport shall be a minimum of 1,000 feet
from the lot line of any abutting residential use or district.
(3)
The applicant shall provide evidence that:
(a)
The parcel on which the heliport is to be located and the design
of the heliport have been approved by the Pennsylvania Bureau of Aviation
and the Federal Aviation Administration; and
(b)
The heliport has received any and all required licenses from
applicable state and federal government agencies, including, but not
limited to, licenses from the Pennsylvania Department of Transportation
(AV-4 and AV-6 licenses).
B.
The heliport shall be designed and operated in compliance with all
applicable state and federal laws and regulations.
C.
The landing surface of the heliport shall conform to the following:
(1)
The landing surface shall be paved and level and shall be at
least 60 square feet or, in the case of a circle, shall be at least
60 feet in diameter. Except for rooftop pads, a secondary thirty-foot
perimeter area shall contain a gravel or grass cover.
(2)
Both the landing surface and secondary perimeter shall be well
maintained and shall be kept dirt-free to preclude blowing dust or
debris caused by rotor downwash and shall contain no structures or
other obstacles other than those required for safety purposes.
(3)
The landing surface of the heliport shall be enclosed by a barrier
to control access into the helipad area. The barrier shall consist
of a chain-link fence six feet in height above grade on the side that
faces away from the helipad. The barrier may also include a building
wall that affects the performance criteria listed within this subsection.
The maximum mesh size shall be 2.25 inches square. The maximum clearance
between grade and the bottom of the barrier shall be two inches. Access
gates shall be self-closing and equipped with a self-latching device.
D.
The proposed flight paths shall be over open areas and along major
transportation corridors to the extent possible, and shall be designed
to minimize noise hazards to existing residences and/or residential
developments. These requirements shall not apply to helicopters operated
by the following:
E.
A maximum of 500 gallons of fuel for helicopters may be stored at
any heliport.
F.
The heliport shall be limited to use between the hours of 7:00 a.m.
and 9:00 p.m., except for situations where the helicopter and/or heliport
is operated by: A) a health-care network and/or hospital (i.e., MedEvac,
Life Lion, PennSTAR) and is used for the medical transport of acutely
ill and/or critical care patients; and/or B) law enforcement.
G.
The heliport shall have at least 1.0 off-street parking space for
each employee (including, but not limited to, independent contractors
and pilots) on the largest shift, 3.0 off-street parking spaces for
each helicopter flight per day that the heliport can accommodate and
1.0 off-street parking space for every 200 square feet of floor area
open to the public; provided, however, that the minimum number of
off-street parking spaces at a heliport shall be 6.0 spaces. All other
parking requirements of § 12.38[1] shall be met.
[1]
Editor's Note: So in original.
H.
Permits for establishing and maintaining a heliport shall be issued
to the owner, lessee and/or operator of a heliport by the Zoning Officer.
An administrative permit for a heliport shall be valid for a period
of three years; after such time, an applicant must apply for a new
permit from the Zoning Officer.
I.
The permit shall be deemed automatically revoked if:
(1)
The Pennsylvania Bureau of Aviation, the Federal Aviation Administration
and/or any other state or federal agency regulating the use, construction,
operation and maintenance of a heliport revokes or suspends any license
required to use, construct, operate or maintain a heliport;
(2)
Thirty days after the Zoning Officer has notified the permit
holder in writing that the site is no longer in compliance with the
requirements set forth herein for the initial granting of the permit,
provided the alleged defect has not been cured within said thirty-day
period; or
(3)
The Township receives notice that the heliport is being operated
in violation of state or federal law.
J.
A helipad, as a conditional use in the Industrial (I) and Rural (R)
Zoning District, shall meet the following criteria:
(1)
Minimum lot area: five acres.
(2)
All portions of the helipad shall be a minimum of 1,000 feet
from the lot line of any abutting residential use or district.
(3)
The applicant shall provide evidence that:
(a)
The parcel on which the helipad is to be located and the design
of the helipad have been approved by the Pennsylvania Bureau of Aviation
and the Federal Aviation Administration; and
(b)
The helipad has received any and all required licenses from
applicable state and federal government agencies, including, but not
limited to, licenses from the Pennsylvania Department of Transportation
(AV-4 and AV-6 licenses).
K.
The helipad shall be designed and operated in compliance with all
applicable state and federal laws and regulations.
L.
The landing surface of the helipad shall conform to the following:
(1)
The landing surface shall be paved and level and shall be at
least 60 square feet or, in the case of a circle, shall be at least
60 feet in diameter. Except for rooftop pads, a secondary thirty-foot
perimeter area shall contain a gravel or grass cover.
(2)
Both the landing surface and secondary perimeter shall be well
maintained and shall be kept dirt-free to preclude blowing dust or
debris caused by rotor downwash and shall contain no structures or
other obstacles other than those required for safety purposes.
(3)
The landing surface of the helipad shall be enclosed by a barrier
to control access into the helipad area. The barrier shall consist
of a chain-link fence six feet in height above grade on the side that
faces away from the helipad. The barrier may also include a building
wall that affects the performance criteria listed within this subsection.
The maximum mesh size shall be 2.25 inches square. The maximum clearance
between grade and the bottom of the barrier shall be two inches. Access
gates shall be self-closing and equipped with a self-latching device.
(4)
No helicopter shall be stored and/or parked at a helipad. No
helicopter shall remain at a helipad for longer than 72 hours.
(5)
The proposed flight paths shall be over open areas and along
major transportation corridors to the extent possible, and shall be
designed to minimize noise hazards to existing residences and/or residential
developments. These requirements shall not apply to helicopters operated
by the following:
M.
A maximum of 200 gallons of fuel for helicopters may be stored at
any helipad.
N.
The helipad shall be limited to use between the hours of 7:00 a.m.
and 5:00 p.m., except for situations where the helicopter and/or helipad
is operated by: A) a health-care network and/or hospital (i.e., MedEvac,
Life Lion, PennSTAR) and is used for the medical transport of acutely
ill and/or critical care patients; and/or B) law enforcement.
O.
Permits for establishing and maintaining a helipad shall be issued
to the owner, lessee and/or operator of a helipad by the Zoning Officer.
A permit for a helipad shall be valid for a period of three years;
after such time, an applicant must apply for a new permit from the
Zoning Officer.
P.
The permit shall be deemed automatically revoked if:
(1)
The Pennsylvania Bureau of Aviation, the Federal Aviation Administration
and/or any other state or federal agency regulating the use, construction,
operation and maintenance of a helipad revokes or suspends any license
required to use, construct, operate or maintain a helipad;
(2)
Thirty days after the Zoning Officer has notified the permit
holder in writing that the site is no longer in compliance with the
requirements set forth herein for the initial granting of the permit,
provided the alleged defect has not been cured within said thirty-day
period; or
(3)
The Township receives notice that the helipad is being operated
in violation of state or federal law.
5.
Solar Energy Collectors: a device or combination of devices, structure,
or part of a device or structure that transforms direct solar energy
into thermal, chemical, or electrical energy and that contributes
significantly to a structure's energy supply.
6.
Wind Turbine: a wind energy conversion system that converts wind
energy into electricity through the use of a wind turbine generator,
and includes the nacelle, rotor, tower, and pad transformer, if any.
A.
Wind turbines shall be set back from the nearest occupied building
upon the subject property a distance not less than 1.1 times the turbine
height. The setback distance shall be measured from the center of
the wind turbine base (as measured from the unaltered original grade
of the land) to the nearest point on the occupied building.
B.
Wind turbines shall be set back from the nearest adjoining property
a distance not less than 1.5 times the turbine height. The setback
distance shall be measured from the center of the wind turbine base
to the nearest point of the adjoining property.
C.
All wind turbines shall be set back from the nearest public road
a distance of not less than 1.5 times the turbine height, as measured
from the nearest right-of-way line of the public road to the center
of the wind turbine base. This section shall not be interpreted to
permit the location of a wind turbine in the front yard if such structure
is not permitted in the front yard within its respective zone.
D.
The minimum height of a wind turbine shall be such that there shall
be maintained a minimum of 15 feet ground clearance, as measured between
the closest ground surface to the tip of the blade at its lowest turning
movement.
E.
The maximum height of a wind turbine shall be 50 feet, as measured
from the ground surface to the tip of the blade at its highest turning
movement.
F.
All wind turbines and wind energy facilities shall be equipped with
a redundant braking system, which shall include both aerodynamic over-speed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for over-speed protection.
G.
Wind turbines shall not be climbable up to 15 feet above ground surface.
All access doors to wind turbines and electrical equipment shall be
locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
[Ord. 2017-02, 3/28/2017]
1.
Contracting: contractor offices and shops, such as building, cement,
electrical, heating, plumbing, masonry, painting, roofing, fencing,
landscaping, and excavating.
2.
Crafts: carpentry shop, cabinetmaking, furniture making, and similar
crafts.
3.
Distribution Center/Customer Fullfillment Center:
A.
A facility from which wholesale and retail orders are filled for
redistribution to retailers, to wholesalers, or directly to consumers,
whether those customers are external or internal company departments
and functions. Additionally a distribution and/or customer fulfillment
center may typically provide such services as transportation of goods,
cross-docking, sorting and routing of packages to/from similar centers,
order fulfillment, labeling and packaging along with whatever services
are necessary to complete the order cycle, including order processing,
order preparation, shipping, receiving, transportation of goods, returned
goods management and processing and performance measurement. This
use may include light manufacturing integral to the facility operation
in up to 50% of the total floor space.
B.
A distribution center, cargo facility, warehousing area and/or freight
terminal shall be a permitted conditional use, subject to the following
express standards and criteria:
(1)
The ground surface of off-street parking and loading spaces
shall be paved with bituminous, brick, concrete or stone block paving
material to protect the surrounding neighborhood from inappropriate
dust and other disturbances.
(3)
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in § 27-1421.
(4)
A distribution center, cargo facility, warehousing area or freight
terminal shall have of ingress and egress to an arterial or collector
street. The point of ingress and egress shall be located in a manner
that minimizes detrimental traffic impacts (both pedestrian and vehicular).
All means of ingress and/or egress shall be located at least 150 feet
from any intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The applicant or developer
shall be responsible for the purchase and installation of any traffic
control devices and the construction of additional acceleration and/or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Allen Township.
(5)
Where overnight parking is permitted, the trucks or commercial
vehicles utilizing the facilities shall not be kept running or idling
for a period of time exceeding 30 consecutive minutes or 90 cumulative
minutes within any twenty-four-hour time period.
(a)
Truck access shall be designed to minimize traffic hazards and
inconveniences. All interior roadways shall be maintained and constructed
by the operator. All trucks leaving the site shall not deposit accumulating
amounts of dirt, mud, grit or other such substances on public roads.
(b)
All trucks, trailers and commercial vehicles stored on the property
shall be arranged so as to permit access to emergency management equipment.
The off-street parking and loading spaces shall be designed and constructed
to comply with the provisions that are specified under this chapter.
(c)
Parking areas shall provide additional layover parking spaces
for a minimum of 10% of the proposed daily truck trips as identified
in the ITE standards. Signage shall be provided specifying the purpose
of these designated spaces, which shall be enforced by the property
owner.
(d)
Snow truck (cab and body) scrapers shall be installed on site.
(6)
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids is permitted.
(7)
The owner(s) and operator(s) of such facilities shall be responsible
for the conduct and safety of employees or visitors and shall be available
to respond to inquiries and promptly quell any disturbances caused
by employees and visitors.
(8)
The height of proposed buildings and structures shall be subject
to the requirements of the Airport Zone Overlay District.
(9)
In addition to the above criteria, buildings in the Industrial
and Industrial/Commercial Zoning Districts shall meet the following
prescriptive architectural design criteria:
(a)
The primary building facade shall
incorporate wall plane projections or recesses with a wall plane offset
as follows:
[1]
The wall plane offset dimension shall be equal
to 1% of the length of the facade but is not required to exceed a
dimension of three feet zero inches.
[2]
The collective length of wall plane offsets shall
be a minimum of 50 feet and no greater than 200 feet in length.
[3]
If the facade is at the corner of a building, the
wall plane offset shall not exceed 100 feet as measured from said
building corner.
[4]
The uninterrupted length of any wall plane segment
shall not exceed 225 feet zero inches.
(b)
The intent of the above prescriptive architectural design criteria
is to provide an aesthetically attractive building design that enhances
the Township's built environment.
(c)
Applicants may submit an alternate
architectural design for Allen Township consideration during the land
development approvals as follows:
[1]
An applicate may submit an alternate architectural
design that deviates from but clearly meets the spirit of the prescriptive
design criteria.
[2]
In lieu of complying with the prescriptive architectural
design criteria, an applicant may submit an alternate compliance method
that visually buffers the public view of the building by proposing
increased building setbacks, additional landscape buffers and berm
elements to the satisfaction of and at the discretion of the Board
of Supervisors above and beyond the zoning ordinance requirements.
[3]
Allen Township is the final decisionmaker regarding acceptance/rejection of an applicant's alternate design. To receive Allen Township Board of Supervisors approval, the alternate design must clearly demonstrate to the satisfaction of and at the discretion of the Board of Supervisors the intent described in Subsection 3B(9)(b) above.
(10)
This use shall require the submission of evidence that the proposed
new use or expansion of the existing use provides sufficient off-street
trailer parking spaces available for pre- and post- loading and unloading
activities.
(11)
This use shall require the submission of evidence that the proposed
new use or expansion of the existing use provides sufficient off-street
tractor-trailer parking spaces available for tractor-trailers arriving
during nonbusiness hours to prevent tractor-trailers from parking
on public streets while waiting for access to the facility.
(12)
This use shall require the submission of evidence that the proposed
new use or expansion of the existing use provides sufficient off-street
queueing space available at facility entrances to prevent vehicles
from queueing on public streets while waiting for access to the facility.
(13)
This use requires the submission of written plans, checklists
or other measures to deal with the outdoor storage of hazardous materials,
either in trailers or other containers, for review and recommendation
as deemed appropriate by the Board of Supervisors.
4.
Extractive Operation:
A.
Extractive operations for sand, clay, shale, gravel, topsoil, or
similar operations, including borrow pits (excavations for removing
material for filling operations).
B.
Sand, clay, shale, grave, topsoil, or similar extractive operations,
including borrow pits (excavations for removing material for filling
operations).
C.
When applying for a zoning permit or change of zoning, the applicant
shall provide the following plans and information:
(1)
Plans Required:
(a)
Plan of general area (within a
one-mile radius of the site) at a scale of 1,000 feet to the inch
or less with a twenty-foot contour interval or less to show.
(b)
Plan of proposed site at a scale
of 100 feet to the inch or less with a five-foot contour interval
or less to show:
[2]
Proposed Data.
[a]
Final grading by contours.
[b]
Interior road pattern, its relation to operation
yard, and points of ingress and egress to state and Township roads.
[c]
Estimated amount and description of aggregate and
overburden to be removed.
[d]
Ultimate use and ownership of site after completion
of operation.
[e]
Source of water if final plan shows use of water.
[f]
Plan of operation showing:
[i]
Proposed tree screen locations.
[ii]
Soil embankment for noise, dust, and visual barriers
and heights of sand mounds.
[iii]
Method of disposition of excess water during
operation.
[iv]
Location and typical schedule of blasting.
[v]
Machinery: type and noise levels.
[vi]
Safety measures; monitoring of complaints.
D.
Performance Standards.
(1)
Operations. Extractive operations shall meet all standards of
Part 14.
(2)
Setbacks. No excavation, quarry well, storage or area in which
processing is conducted shall be located within 50 feet of any lot
line, 125 feet from any street right-of-way, nor within 200 feet of
any residential district boundary line.
(3)
Grading. All excavations, except stone quarries over 25 feet
in depth, shall be graded in such a way as to provide an area which
is harmonious with the surrounding terrain and not dangerous to human
or animal life.
(a)
Excavations shall be graded and backfilled to the grades indicated
by the site plan. Grading and backfilling shall be accomplished continually
and as soon as practicable after excavation. Grading and backfilling
may be accomplished by use of materials approved by the Department
of Environmental Protection for backfilling use.
(b)
Grading and backfilling shall be accomplished in such a manner
that the slope of the fill or its cover shall not exceed normal angle
of slippage of such material, or 45° in angle, whichever is less.
(c)
When excavations which provide for a body of water are part
of the final use of the tract, the banks of the excavation shall be
sloped to a minimum ratio of seven feet horizontal to one foot vertical,
beginning at least 50 feet from the edge of the water and maintained
into the water to a depth of five feet.
(d)
Drainage shall be provided either naturally or artificially
so that disturbed areas shall not collect or permit stagnant water
to remain.
E.
Access. Truck access to any excavation shall be so arranged as to
minimize danger to traffic and nuisance to surrounding properties.
F.
Planting. When the planting of vegetation is the final use of the
land, all dry land shall be covered with a sufficient amount of arable
soils to support said growth. A planting plan shall be prepared for
the entire finished tract using various types of plant material for
the prevention of soil erosion and to provide vegetative cover. When
buildings are proposed as part of the final use to which the tract
is put, planting in areas adjacent to proposed buildings shall be
planted with vegetative cover in keeping with the requirements of
the ultimate buildings' purposes.
G.
Stone Quarry. Stone quarries whose ultimate depth shall be more than
25 feet shall provide the following:
(1)
A screen planting within the setback area required by Subsection 4D(2) above shall be required. Such a screen shall be no less than 25 feet in width and set back from the excavation so as to keep the area next to the excavation planted in grass or ground cover and clear of any obstruction.
(2)
A chain-link fence at least 10 feet high and with an extra slanted
section on top strung with barbed wire shall be placed at either the
inner or outer edge of planting.
(3)
Warning signs shall be placed on the fence at intervals of not
more than 100 feet completely surrounding the area.
H.
Parking: one off-street parking space for each employee in the largest
shift.
5.
Flex Space or Building: a flex building is a building or series of
buildings which is part of a planned development wherein the building
or buildings will be occupied by a variety of industrial, office and
commercial uses, subject to the following provisions:
A.
Area and Dimensional Requirements.
(1)
Minimum site area: three acres.
(2)
Minimum frontage at street line-site: 150 feet.
(3)
Minimum setback from street lines-site: 25 feet.
(4)
Minimum setback from property lines-site: 25 feet.
(5)
Minimum building spacing: 50 feet.
(6)
Maximum impervious surface ratio: 0.60.
(7)
Maximum building coverage: 0.40.
(8)
Maximum floor area ratio: 0.40.
B.
Permitted Uses. Office, medical office, financial establishment,
repair shop, indoor entertainment, athletic facility (excluding outdoor
facilities, health clubs, and swimming pools), manufacturing, wholesale
business, wholesale storage, printing, and contracting, subject to
the specific regulations for each defined use.
C.
Each proposed building may be occupied by a maximum of six tenants,
and any tenant space must have a minimum of 2,000 square feet.
D.
No more than 50% of the total gross floor area of any one building
or group of buildings within a planned development may be occupied
by use office and/or use medical office or any combination thereof.
E.
Parking: Each facility must have a minimum allocation pursuant to § 27-1422 of this chapter. Prior to the initial occupancy or to the change of occupancy of any space in a building, the Allen Township Zoning Officer shall review and approve an application for certificate of occupancy, which application shall show, among other things, the proposed use, the overall parking requirements for the subject property, the parking requirements for each of the buildings, and the parking requirements for each of the existing tenants, and shall demonstrate that the required parking is available for the use for which occupancy is sought. If the parking required for the proposed use under this chapter cannot be met, the Zoning Officer shall deny the use and occupancy certificate.
F.
All tenants shall take access to and from a building by way of an
interior driveway. Access to and from the interior driveway shall
be from an arterial or collector highway, unless otherwise approved
by the Board of Supervisors.
G.
Parking facilities shall be located no closer than five feet from
the front, rear or side of any building. All loading facilities shall
be located to the side or rear of buildings, but in no case shall
any loading facility be located between the front of a building and
any street line.
H.
Lighting facilities shall be provided and arranged in a manner which
will protect the highway and neighboring properties from direct glare
or hazardous interference of any kind.
I.
All commonly owned elements shall be owned and maintained in accordance
with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq., or other ownership arrangement approved by the municipality.
J.
The applicant shall submit a plan for the overall design and improvements
of each flex building project.
6.
Junkyard: an area of land, with or without buildings, used for the
storage of used or discarded materials, including, but not limited
to, wastepaper, glass, rags, metal, building materials, house furnishings,
machinery, tires, vehicles, or parts thereof. The deposit or storage
of two or more motor vehicles not having valid inspection stickers
issued by the Pennsylvania Department of Transportation, excluding
farm vehicles, or of two or more wrecked or broken vehicles, or the
major parts of two or more such vehicles, shall only be stored in
a licensed junkyard.
A.
No material shall be placed in any junkyard in such a manner that
it is capable of being transferred out of the junkyard by wind, water,
or other natural causes.
B.
The boundaries of any junkyard shall at all times be clearly delineated.
C.
All paper, rags, cloth, and other fibers, and activities involving
the same, other than loading and unloading, shall be within fully
enclosed buildings.
D.
All junkyard materials and activities must be set back a minimum
distance of 100 feet from all property lines. The area between the
setback lines and the property lines shall be at all times kept clear
and vacant, except for the required planting screen. All junkyard
materials and activities not within fully enclosed buildings shall,
at the setback lines, be surrounded by an opaque fence at least eight
feet in height, and maintained in good condition. Any gate in such
fence shall be similarly constructed and maintained, and shall be
kept locked at all times when the junkyard is not in operation. Adjacent
to the fence, between the fence and the property line, a twenty-five-foot-wide
planting strip of evergreen trees shall be provided at a minimum height
of five feet with a minimum spacing of 12 feet. These trees shall
be maintained, and dead trees shall be promptly replaced by the property
owner.
E.
All materials shall be stored in such a manner as to prevent the
breeding or harboring of rats, insects, or other vermin. When necessary,
this shall be accomplished by enclosure in containers, rising of materials
above the ground, separation of types of material, preventing the
collection of stagnant water, extermination procedures, or other means.
F.
No burning shall be carried on in any junkyard. Fire hazards shall
be prevented by organization and segregation of stored materials,
with particular attention to the separation of combustibles from other
materials and enclosure of combustibles where necessary (gas tanks
shall be drained) by the provision of adequate aisles (at least 15
feet) for escape and firefighting, and by other necessary measures.
G.
Stacking of material shall not exceed eight feet in height.
H.
Land area shall not exceed 10 acres.
I.
Parking: one off-street parking space for each employee in the largest
shift.
7.
Manufacturing: manufacturing, including the assembling, production,
processing, cleaning, testing, and distribution of materials, goods,
foodstuffs, and products. If the function of warehouse, distribution
center or wholesaling comprises more than 20% of the floor space of
the total facility, then the criteria of those uses shall apply to
the entire facility. The twenty-percent allocation to these uses may
be subject to adjustment at the discretion of the Board of Supervisors.
8.
Mill: a mill where grain, lumber, and similar products are processed.
9.
Self-Storage Facility: a structure containing separate storage spaces
which are leased to the general public for the purpose of storing
items generally stored in residential structures.
A.
Such use shall be surrounded by a physical barrier, such as a fence,
measuring at least six feet in height and by a buffer strip at least
15 feet in width. 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 or other properties. The buffer
strip shall be maintained at all times so that dead or diseased plants
are replaced.
B.
The minimum driveway width between buildings shall be 24 feet.
C.
No business activity other than leasing of storage units shall be
permitted.
D.
All storage shall be within enclosed buildings, except that no more
than 40% of the total storage area may be devoted to outdoor parking
spaces for boats, cars, recreational vehicles, or other commercial
vehicles.
E.
Explosive, radioactive, or highly flammable materials and chemicals
shall not be permitted.
F.
Parking: one space for each full-time employee or caretaker.
G.
Structure sidewall height is restricted to 14 feet.
10.
Municipal Waste Landfill: a facility using land for disposing of
municipal waste. The facility includes land affected during the lifetime
of the operation, including, but not limited to, areas where disposal
or processing activities actually occur, support facilities, borrow
areas, offices, equipment sheds, air and water pollution control and
treatment systems, access roads, associated on-site and contiguous
collection, transportation and storage facilities, closure and post-closure
care and maintenance activities and other activities in which the
natural land surface has been disturbed as a result of, or incidental
to, the operation of the facility. The term does not include a construction/demolition
waste landfill or a facility for the land application of sewage sludge.
(Pa. Code Title 25, Environmental Protection, Part I, § 271.1,
as amended.
A.
Minimum lot area: 50 acres.
B.
The municipal waste landfill operation shall be set back from any
property line or street right-of-way line at least 300 feet.
C.
Direct access to an arterial road shall be required for the operation
of a municipal waste landfill.
D.
A traffic impact study shall be required.
E.
Operation of any municipal landfill shall at all times be in full
compliance with the statutes of the Commonwealth of Pennsylvania and
the rules and regulations of the Department of Environmental Protection
and all provisions of this chapter and all other applicable ordinances.
In the event that any of the provisions of this chapter are less restrictive
than any present or future rules or regulations of the Department,
the more-restrictive Department rules or regulations shall supersede
and control in the operation of such municipal waste landfill.
F.
Suitable measures shall be taken to prevent fires by means and devices
mutually agreeable to the Department of Environmental Protection and
the municipality.
G.
Municipal waste shall not be burned at a municipal waste landfill.
H.
A municipal waste landfill operation shall be under the direction
at all times of a responsible individual who is qualified by experience
or training to operate a landfill.
I.
Measures shall be provided to control dust, and a working plan for
cleanup of litter shall be submitted to the Township. To control blowing
paper, there shall be erected a fence having a minimum height of six
feet, with openings not more than three inches by three inches, 20
feet inside all boundaries. The entire area shall be kept clean and
orderly. Cracks in, depressions in or erosion of cover shall be repaired
daily.
J.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against indiscriminate and
unauthorized dumping, every municipal waste landfill shall be protected
by locked barricades, fences, gates, or other positive means designed
to deny access to the area at unauthorized times or locations.
K.
Unloading of waste shall be continuously supervised.
L.
Hazardous materials, as listed on the Federal Hazardous Waste List promulgated under the Resource Conservation and Recovery Act as defined in 40 CFR Chapter 1, Part 261, Subpart D, dated July 1, 1984, as amended, shall not be disposed of in a municipal waste landfill.
M.
The disposal of sewage liquids and solids and other liquids shall
be specifically prohibited in a municipal waste landfill.
N.
Litter control shall be exercised to confine blowing litter to the
work area, and a working plan of cleanup of litter shall be accomplished.
O.
Salvaging shall be conducted by the operator only and shall be organized
so that it will not interfere with prompt sanitary disposal of waste
or create unsightliness or health hazards. The storage of salvage
shall be controlled in a manner that will not permit the inhabitation
or reproduction of disease-transmitting organisms.
P.
The entire site, including the fill surface, shall be graded and
provided with drainage facilities to minimize runoff onto and into
the fill, to prevent erosion or washing of the fill, to drain off
rainwater falling onto the fill, and to prevent the collection of
standing water. The operator shall comply with the requirements of
Chapters 75[2] and 102 of Title 25, Pennsylvania Code, as amended, and
applicable municipal ordinances so that there is no adverse off-site
impact from the drainage of surface water.
[2]
Editor's Note: Chapter 75 of the Pennsylvania Code is now
a reserved chapter.
R.
A dense evergreen buffer shall be provided outside of the fenced
area. Evergreens shall be four to five feet in height and shall be
planted in two rows 10 feet apart on ten-foot staggered centers. In
addition, the buffer requirements of this chapter shall be met.
S.
A zoning permit shall be obtained on an annual basis, with application
made by January 15 of each year. The permit shall be issued only after
certification to or inspection by the Zoning Officer to certify that
this use meets all provisions of this chapter and other ordinances.
T.
A final inspection of the entire site shall be made by the Department
of Environmental Protection and the Township and their authorized
representatives to determine compliance with applicable Department
of Environmental Protection Rules and Regulations, Title 25, Chapter
273, as amended, and approved plans and specifications before the
earthmoving equipment is removed from the site. Any necessary corrective
work shall be performed before the municipal waste landfill project
is accepted as completed. Arrangements shall be made for the repair
of all cracked, eroded, and uneven areas in the final cover during
the first two years following completion of the municipal waste landfill.
A bond shall be posted to ensure that all corrective work is completed.
11.
Planing Mill: where wood products are sold and processed into finished
items, such as molding, trim, etc.
12.
Printing: printing, publishing, and binding.
13.
Research: research, testing, or experimental laboratory.
14.
Resource Recovery Facility: a facility or land that is used for any
one or a combination of the following: composting, incineration, material
separation, recycling, or trash transfer as defined below. Municipal
waste landfill operations are not included under this use, and open
burning of any materials shall specifically be prohibited.
A.
Related Definitions.
(1)
Composting Facility: a facility for the composting of the organic
matter in municipal waste.
(2)
Incinerator: an enclosed device using controlled combustion
with a primary purpose of thermally breaking down municipal waste
and which is equipped with a flue.
(3)
Material Separation and/or Refuse Derived Fuel (RDF) Facility:
the extraction of materials from municipal waste for recycling or
for use as refuse derived fuel (RDF).
(4)
Recycling Facility: a business that accumulates source-separated,
recyclable material such as paper, glass, aluminum and/or plastic
that is no longer useful for its intended purpose. The materials are
then sold to another business as a raw material which can be used
to manufacture a new product.
(5)
Transfer Station: a facility where municipal waste is delivered
for the purpose of transferring and/or compacting the material into
larger vehicles for transport to a final disposal site or processing
facility. A transfer station may include the separation and collection
of material for the purpose of recycling.
B.
Minimum lot area: 10 acres.
C.
Any such use shall be a minimum of 200 feet from any public road
as measured from the ultimate right-of-way of the road and 200 feet
from any property line. Additionally, any resource recovery facility
shall be a minimum of 300 feet from any residential zoning district
or occupied residential dwelling unit.
D.
Parking areas, vehicle storage, maintenance or accessory buildings
shall be a minimum of 100 feet from any property line.
E.
Operation of a resource-recovery facility shall at all times be in
full compliance with the statutes of the Commonwealth of Pennsylvania
and the rules and regulations of the Department of Environmental Protection
(PADEP) and all provisions of this chapter and all other applicable
ordinances. In the event that any of the provisions of this chapter
are less restrictive than any present or future rules or regulations
of the PADEP, the more-restrictive PADEP regulations shall supersede
and control.
F.
Litter control shall be exercised to confine blowing litter to the
work area, and a working plan for cleanup of litter shall be submitted
to the Township. To control blowing paper, there shall be erected
a fence having a minimum height of six feet with openings not more
than three inches by three inches, 20 feet, inside all boundaries.
The entire area shall be kept clean and orderly.
G.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against indiscriminate and
unauthorized dumping, every resource recovery facility shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at least six feet high and shall be kept
in good repair and neatly painted in a uniform color. This limitation
of access may be waived by the Board of Supervisors for recycling
dropoff stations where public access is essential for the operation.
H.
Unloading of municipal waste shall be continuously supervised by
a facility operator.
I.
Hazardous waste, as included on the list of hazardous waste as maintained
by the Department of Environmental Protection, shall not be disposed
of in a resource recovery facility.
J.
All parts of the process, unloading, handling and storage of municipal waste shall occur within a building. However, certain separated, nonputrescible, recyclable materials like glass, aluminum, and other materials may be unloaded, handled or stored outdoors when authorized by the Board of Supervisors. All outdoor storage shall meet the standards of Subsection 14C and I hereof.
K.
Paper shall be stored within an enclosure.
L.
Any materials stored outdoors shall be properly screened so as not
to be visible from any adjacent streets or properties.
M.
No material shall be placed or deposited to a height greater than
the height of the fence or wall herein prescribed.
N.
No municipal waste shall be processed or stored at a recycling facility.
For types of resource recovery facilities other than a recycling facility,
municipal waste shall not be stored on the site for more than 72 hours.
O.
A contingency plan for disposal of municipal waste during a plant
shutdown must be submitted to the Township and approved by the Board
of Supervisors.
P.
Leachate from the municipal waste and water used to wash vehicles
or any part of the operation shall be disposed of in a manner in compliance
with Pennsylvania Department of Environmental Protection's regulations.
If the leachate is to be discharged into a municipal sewage treatment
plant, appropriate permits shall be obtained from the applicable agencies
and authorities. In no event shall the leachate be disposed of in
a storm sewer, to the ground, or in any other manner inconsistent
with the Pennsylvania Department of Environmental Protection's regulations.
Q.
Waste from the resource recovery facility process (such as, but not
limited to, ash from an incinerator) shall be stored in such a manner
as to prevent it from being carried from the site by wind or water.
Such residual waste shall be located at least 200 feet from any property
line and stored in leadproof and vectorproof containers. Such residual
processed waste shall be disposed of in a sanitary landfill approved
by PADEP or in another manner approved by PADEP.
R.
A dense evergreen buffer shall be maintained as a permanent visual
screen outside of the fenced area. The visual screen shall begin at
the ground and extend to the height of the fence. Evergreens shall
be four to five feet in height and shall be planted in two rows 10
feet apart on ten-foot staggered centers. The lower branches of mature
trees shall not be removed. In addition, the buffer requirements of
this chapter shall be met.
S.
Municipal waste landfill operations are not included under this use,
and open burning of any materials shall specifically be prohibited.
T.
A traffic impact study and a water impact study shall be required
and prepared by a recognized professional.
U.
A zoning permit shall be obtained on an annual basis, with application
made by January 15 of each year. The permit shall be issued only after
an inspection by the Zoning Officer to certify that this use meets
all provisions of this chapter and other ordinances.
15.
Truck Terminal: the use of land and/or structures for the storage
of trucks and for the transfer of freight from one truck to another;
a business-to-business use for the movement of bulk goods with an
insignificant breakdown (less than 10% of overall goods moved through
facility in any thirty-day period) of incoming and outgoing bulk goods.
16.
Water Extraction and Botting: any use which involves the pumping
or removal for water from groundwater sources, with or without bottling,
for retail or wholesale sale. All water extraction and bottling operations
as defined by this chapter must provide the Township Board of Supervisors
with evidence of any approved construction/operation permit from the
appropriate Commonwealth permitting agencies.
A.
Commercial water resource uses shall be limited to: groundwater extraction
and exportation operations; surface water extraction and exportation
operations; bottling and distribution facilities; and other similar
uses, as determined by the Township Zoning Officer.
B.
The following design standards and specifications shall apply to
the uses contained within commercial water resource uses:
(1)
A minimum of 10 acres of contiguous net land area shall be required
to accommodate all of the operational facilities within a commercial
water resource use.
(2)
Commercial water resource uses shall be serviced by public,
private or on-lot sanitary sewer facilities.
(3)
Commercial water resource uses shall be serviced by public,
private or on-lot water supply facilities, which shall be consistent
with any plans and ordinances adopted by Allen Township. All water
supply facilities shall be designed with sufficient capacities, which
shall be subject to the review and approval of Allen Township and
the Pennsylvania Department of Environmental Protection.
(4)
All other utility provisions serving commercial water resource
use shall be planned and installed in accordance with the specifications
of the public utility provider supplying service.
(5)
The commercial water resource use shall be approved and permitted
by the appropriate local, state and federal regulatory agencies.
(6)
The principal and accessory building located on the site of
the commercial water resource use shall be located at least 200 feet
from all property lines and street right-of-way lines.
(7)
Unless otherwise permitted by Allen Township and the Pennsylvania
Department of Environmental Resources, all facility operations, uses,
intake devices, wells, pumps, storage tanks and principal buildings
associated with the commercial water resource use shall be located
at least 200 feet from all property lines and street right-of-way
lines.
(8)
All facility operations, uses, intake devices, wells, pumps,
storage tanks and principal buildings associated with the commercial
water resource use shall be located at least 2,000 feet from all existing
production wells or intake devices utilized for public water supply.
(9)
The perimeter of the property shall be completely enclosed by
a security fence, which may be a minimum of eight feet in height.
(10)
All means of ingress and/or egress shall be located at least
300 feet from any intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The applicant or developer
shall be responsible for the purchase and installation of any traffic
control devices and the construction of additional acceleration and/or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Allen Township.
(11)
All designated points of ingress and egress for truck traffic
shall be designed to consider traffic volumes on existing streets,
limitations associated with turning movements and adjacent residential
uses.
(12)
The off-street parking and loading spaces shall be designed
to comply with the provisions specified within this chapter.
(13)
All proposed signs for the commercial water resource use shall
comply with the provisions specified within this chapter.
(14)
Exterior storage areas for trash and rubbish shall be properly
screened with secured fencing and landscaping materials. All containers
shall be enclosed and verminproof and have adequate storage capacity
to accommodate the projected volumes of solid waste. No such storage
area for trash and rubbish shall be permitted within 100 feet from
any property line or street right-of-way line.
C.
The applicant or developer shall submit the following information
for review and consideration:
(1)
A complete hydrological report, analysis and impact plan of
the surface water and groundwater conditions shall be prepared by
a professional hydrogeologist, which meets the following objectives
and requirements:
(a)
The professional hydrogeologist preparing the report shall certify
that the commercial water resource use shall be supplied by a continuous
safe daily yield, which will not adversely affect the quantity or
quality of the surface water and groundwater table within 2,000 feet
of the source of extraction.
(b)
If appropriate, a dynamic recovery rate and draw-down tests
shall be conducted by the professional hydrogeologist preparing the
report to determine the maximum safe daily yield of the commercial
water resource operations.
(c)
All such applications for the commercial water resource use
shall demonstrate that the adjacent public and private water supply
sources will not adversely be affected by discontinued use, contamination,
loss of supply, or the ability to properly recharge over time.
(d)
The professional hydrogeologist preparing the report shall consult
with the Allen Township Engineer and Zoning Officer prior to commencement
of the background studies to determine if other conditions should
be analyzed as part of the report.
(e)
The hydrological report, analysis and impact plan shall be subject
to the review of the Allen Township Engineer, Zoning Officer, or other
professional consultant(s) qualified to render an opinion of the information
submitted on behalf of the applicant.
(2)
A preliminary utility plan showing how sanitary sewage disposal
facilities, water supply facilities, electric, telephone, natural
gas, cable and other utilities will service the site.
(3)
A preliminary landscaping plan showing how the buffer yards
and other landscaping enhancements will be incorporated within the
site.
(4)
A preliminary grading plan shall be developed identify the limits
of disturbance for all municipal site improvements, the proposed ground
elevations, stormwater management facilities, and other natural or
man-made features of the site.
(5)
A traffic impact study shall be conducted in order to assess
transportation conditions and needs. The traffic impact study should
identify how the potential adverse impacts associated with traffic
volumes and vehicle weight will be mitigated and/or prevented. The
traffic impact study shall be submitted with the special exception
application.
(6)
An environmental impact assessment report shall be conducted
in order to assess existing and proposed site conditions. The environmental
impact assessment report should identify how potential environmental
or ecological impacts will be mitigated and/or prevented. The environmental
impact assessment report shall be submitted to Allen Township.
17.
Warehouse: a facility primarily devoted to the storage of materials.
A.
This use may include light manufacturing integral to the facility
operations in up to 50% of the total floor space.
B.
A minimum of two acres of contiguous net land area shall be required
to accommodate the warehouse and freight terminal. In addition, the
minimum and maximum dimensional requirements, as specified by the
zoning district in which the use is located, shall apply.
C.
The following design standards and specifications shall apply to
a warehouse and freight terminals:
(1)
The warehouse shall be serviced by public sanitary sewer facilities,
which shall be planned in accordance with the most recent update to
Allen Township Sewage Facilities Plan, as adopted to comply with Pennsylvania
Sewage Facilities Act (PA Act 537, as amended),[6] as well as any ordinances adopted by Allen Township. All
sewage disposal facilities shall be designed with sufficient capacities,
which shall be subject to the review and approval of Allen Township
and the Pennsylvania Department of Environmental Protection.
[6]
Editor's Note: See 35 P.S. § 750.1 et seq.
(2)
Where public sanitary sewage disposal facilities and/or public
water supply facilities are not planned within a defined service area,
the use of on-lot sewer and water facilities may be considered, provided
that they are consistent with all relevant plans and ordinances adopted
by Allen Township.
(3)
All other utility provisions serving the use shall be planned
and installed in accordance with the specifications of the public
utility provider supplying service. Unless otherwise required by the
utility company or authority providing service, all utility connections
shall be installed underground.
(4)
All means of ingress and/or egress shall be located at least
150 feet from any intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The applicant or developer
shall be responsible for the purchase and installation of any traffic
control devices and the construction of additional acceleration and/or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Allen Township.
(5)
Where overnight parking is permitted, the trucks or commercial
vehicles utilizing the facilities shall not be kept running or idling
for a period of time exceeding 30 consecutive minutes or 90 cumulative
minutes within any twenty-four-hour time period.
(6)
Truck access shall be designed to minimize traffic hazards and
inconveniences. All interior roadways shall be maintained and constructed
by the operator. All trucks leaving the site shall not deposit accumulating
amounts of mining products, dirt, mud or other such substances on
public roads.
(7)
All trucks, trailers and commercial vehicles stored on the property
shall be arranged so as to permit access to emergency management equipment.
The off-street parking and loading spaces shall be designed and constructed
to comply with the provisions that are specified under this chapter.
(8)
All proposed signs shall comply with the provisions that are
specified under this chapter.
(9)
Exterior storage areas for trash and rubbish shall be properly
screened with secured fencing and landscaping materials. All containers
shall be enclosed and verminproof and have adequate storage capacity
to accommodate the projected volumes of solid waste. No such storage
area for trash and rubbish shall be permitted within 20 feet from
any property line or street right-of-way line.
(10)
This use shall require the submission of evidence that the proposed
new use or expansion of the existing use provides sufficient off-street
trailer parking spaces available for pre- and post-loading and unloading
activities.
(11)
This use shall require the submission of evidence that the proposed
new use or expansion of the existing use provides sufficient off-street
tractor-trailer parking spaces available for tractor-trailers arriving
during nonbusiness hours to prevent tractor-trailers from parking
on public streets while waiting for access to the facility.
(12)
This use shall require the submission of evidence that the proposed
new use or expansion of the existing use provides sufficient off-street
queuing space available at facility entrances to prevent vehicles
from queuing on public streets while waiting for access to the facility.
(13)
This use requires the submission of written plans, checklists
or other measures to deal with the outdoor storage of hazardous materials,
either in trailers or other containers, for review and recommendation
as deemed appropriate by the Board of Supervisors.
(14)
Snow truck (cab and body) scrapers shall be installed on site.
(15)
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids is permitted.
(16)
The owner(s) and operator(s) of such facilities shall be responsible
for the conduct and safety of employees or visitors and shall be available
to respond to inquiries and promptly quell any disturbances caused
by employees and visitors.
(17)
The height of proposed buildings and structures shall be subject
to the requirements of the Airport Zone Overlay District.
(18)
In addition to the above criteria, buildings in the Industrial
and Industrial/Commercial Zoning Districts shall meet the following
prescriptive architectural design criteria:
(a)
The primary building
facade shall incorporate wall plane projections or recesses with a
wall plane offset as follows:
[1]
The wall plane offset dimension shall be equal
to 1% of the length of the facade but is not required to exceed a
dimension of three feet zero inches.
[2]
The collective length of wall plane offsets shall
be a minimum of 50 feet and no greater than 200 feet in length.
[3]
If the facade is at the corner of a building, the
wall plane offset shall not exceed 100 feet as measured from said
building corner.
[4]
The uninterrupted length of any wall plane segment
shall not exceed 225 feet zero inches.
(b)
The intent of the above prescriptive architectural
design criteria is to provide an aesthetically attractive building
design that enhances the Township's built environment.
(c)
Applicants may submit
an alternate architectural design for Allen Township's consideration
during the land development approvals as follows:
[1]
An applicant may submit an alternate architectural
design that deviates from but clearly meets the spirit of the prescriptive
design criteria.
[2]
In lieu of complying with the prescriptive architectural
design criteria, an applicant may submit an alternate compliance method
that visually buffers the public view of the building by proposing
increased building setbacks, additional landscape buffers and berm
elements to the satisfaction of and at the discretion of the Board
of Supervisors above and beyond the Zoning Ordinance requirements.
[3]
Allen Township is the final decisionmaker regarding acceptance/rejection of an applicant's alternate design. To receive Allen Township Board of Supervisors approval, the alternate design must clearly demonstrate to the satisfaction of, and at the discretion of, the Board of Supervisors the intent described in Subsection 17C(18)(b) above.
D.
As part of the land development plan, the applicant shall provide
evidence that the use or activities shall comply with the provisions
established by Allen Township. This may include the submission of
a grading plan, utility plan, landscaping plan, lighting plan, architectural
renderings, traffic impact study and/or environmental impact assessment
report. Prior to the submission of the land development plan, the
applicant shall consult with the Allen Township Engineer and Zoning
Officer to initially discuss the supplemental documentation that may
be required as part of the application. Such supplemental documentation
shall be submitted by the applicant at the request of and at the sole
discretion of the Allen Township Board of Supervisors.
E.
As part of the land development plan, Allen Township may consider
optional design and site development alternatives if the standard
requirements are determined to be unwarranted or inappropriate based
upon the existing site conditions. If approved, the optional design
and site requirements shall be considered as part of the land development
plan and/or zoning permit.
F.
In addition to the above criteria, distribution centers, warehousing,
and wholesaling in the IC Zoning District must meet the following
criteria:
G.
In addition to the above criteria, buildings in the Industrial and
Industrial/Commercial Zoning Districts shall meet the following prescriptive
architectural design criteria:
(1)
The primary building facade shall incorporate wall plane projections
or recesses with a wall plane offset as follows:
(a)
The wall plane offset dimension shall be equal to 1% of the
length of the facade but is not required to exceed a dimension of
three feet zero inches.
(b)
The collective length of wall plane offsets shall be a minimum
of 50 feet and no greater than 200 feet in length.
(c)
If the facade is at the corner of a building, the wall plane
offset shall not exceed 100 feet as measured from said building corner.
(d)
The uninterrupted length of any wall plane segment shall not
exceed 225 feet zero inches.
(2)
The intent of the above prescriptive architectural design criteria
is to provide an aesthetically attractive building design that enhances
the Township's built environment.
(3)
Applicants may submit an alternate architectural design for
Allen Township's consideration during the land development approvals
as follows:
(a)
An applicant may submit an alternate architectural design that
deviates from but clearly meets the spirit of the prescriptive design
criteria.
(b)
In lieu of complying with the prescriptive architectural design
criteria, an applicant may submit an alternate compliance method that
visually buffers the public view of the building by proposing increased
building setbacks, additional landscape buffers and berm elements
to the satisfaction of and at the discretion of the Board of Supervisor
above and beyond the Zoning Ordinance requirements.
(c)
Allen Township is the final decisionmaker regarding acceptance/rejection of an applicant's alternate design. To receive Allen Township Board of Supervisors approval, the alternate design must clearly demonstrate to the satisfaction of, and at the discretion of, the Board of Supervisors the intent described in Subsection 17G(2) above.
18.
Wholesale Business/Wholesale Storage: an establishment engaged in
selling merchandise to retailers, institutional, commercial or professional
business customers or other wholesalers rather than to the general
public or acting as a broker for such merchandise sales. This use
may include light manufacturing integral to the facility operations
in up to 50% of the total floorspace.
A.
A minimum of two acres of contiguous net land area shall be required
to accommodate the wholesale business/wholesale storage facility.
In addition, the minimum and maximum dimensional requirements, as
specified by the zoning district in which the use is located, shall
apply.
B.
The following design standards and specifications shall apply to
a wholesale business/wholesale storage facility.
(1)
The warehouse shall be serviced by public sanitary sewer facilities,
which shall be planned in accordance with the most recent update to
Allen Township Sewage Facilities Plan, as adopted to comply with Pennsylvania
Sewage Facilities Act (PA Act 537, as amended),[7] as well as any ordinances adopted by Allen Township. All
sewage disposal facilities shall be designed with sufficient capacities,
which shall be subject to the review and approval of Allen Township
and the Pennsylvania Department of Environmental Protection.
[7]
Editor's Note: See 35 P.S. § 750.1 et seq.
(2)
The wholesale business/wholesale storage facility shall be serviced
by public water supply facilities, which shall be consistent with
any plans and ordinances adopted by Allen Township.
(3)
Where public sanitary sewage disposal facilities and/or public
water supply facilities are not planned within a defined service area,
the use of on-lot sewer and water facilities may be considered, provided
that they are consistent with all relevant plans and ordinances adopted
by Allen Township.
(4)
All other utility provisions serving the use shall be planned
and installed in accordance with the specifications of the public
utility provider supplying service. Unless otherwise required by the
utility company or authority providing service, all utility connections
shall be installed underground.
(5)
Retail sales of items commonly distributed as part of the wholesale
operation may be permitted, provided that the accessory retail use
does not exceed 2,000 square feet in gross floor area.
(6)
All means of ingress and/or egress shall be located at least
150 feet from any intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The applicant or developer
shall be responsible for the purchase and installation of any traffic
control devices and the construction of additional acceleration and/or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or Allen Township.
(7)
Where overnight parking is permitted, the trucks or commercial
vehicles utilizing the facilities shall not be kept running or idling
for a period of time exceeding 30 consecutive minutes or 90 cumulative
minutes within any twenty-four-hour time period.
(8)
Truck access shall be designed to minimize traffic hazards and
inconveniences. All interior roadways shall be maintained and constructed
by the operator. All trucks leaving the site shall not deposit accumulating
amounts of mining products, dirt, mud or other such substances on
public roads.
(9)
All trucks, trailers and commercial vehicles stored on the property
shall be arranged so as to permit access to emergency management equipment.
The off-street parking and loading spaces shall be designed and constructed
to comply with the provisions that are specified under this chapter.
(10)
All signs shall comply with the provisions that are specified
under this chapter.
(11)
Exterior storage areas for trash and rubbish shall be properly
screened with secured fencing and landscaping materials. All containers
shall be enclosed and verminproof and have adequate storage capacity
to accommodate the projected volumes of solid waste. No such storage
area for trash and rubbish shall be permitted within 20 feet from
any property line or street right-of-way line.
(12)
In addition to the above criteria, buildings in the Industrial
and Industrial/Commercial Zoning Districts shall meet the following
prescriptive architectural design criteria:
(a)
The primary building
facade shall incorporate wall plane projections or recesses with a
wall plane offset as follows:
[1]
The wall plane offset dimension shall be equal
to 1% of the length of the facade but is not required to exceed a
dimension of three feet zero inches.
[2]
The collective length of wall plane offsets shall
be a minimum of 50 feet and no greater than 200 feet in length.
[3]
If the facade is at the corner of a building, the
wall plane offset shall not exceed 100 feet as measured from said
building corner.
[4]
The uninterrupted length of any wall plane segment
shall not exceed 225 feet zero inches.
(b)
The intent of the above prescriptive architectural
design criteria is to provide an aesthetically attractive building
design that enhances the Township's built environment.
(c)
Applicants may submit an alternate architectural
design for Allen Township's consideration during the land development
approvals as follows:
1)
An applicant may submit an alternate architectural
design that deviates from but clearly meets the spirit of the prescriptive
design criteria.
2)
In lieu of complying with the prescriptive architectural
design criteria, an applicant may submit an alternate compliance method
that visually buffers the public view of the building by proposing
increased building setbacks, additional landscape buffers and berm
elements to the satisfaction of and at the discretion of the Board
of Supervisors above and beyond the Zoning Ordinance requirements.
3)
Allen Township is the final decisionmaker regarding acceptance/rejection of an applicant's alternate design. To receive Allen Township Board of Supervisors approval, the alternate design must clearly demonstrate to the satisfaction of, and at the discretion of, the Board of Supervisors the intent described in Subsection 18B(12)(b) above.
(13)
As part of the land development plan, the applicant shall provide
evidence that the use or activities shall comply with the provisions
established by Allen Township. This may include the submission of
a grading plan, utility plan, landscaping plan, lighting plan, architectural
renderings, traffic impact study and/or environmental impact assessment
report. Prior to the submission of the land development plan, the
applicant shall consult with the Allen Township Engineer and Zoning
Officer to initially discuss the supplemental documentation that may
be required as part of the application. Such supplemental documentation
shall be submitted by the applicant at the request of and at the sole
discretion of the Allen Township Board of Supervisors.
(14)
As part of the land development plan, Allen Township may consider
optional design and site development alternatives if the standard
requirements are determined to be unwarranted or inappropriate based
upon the existing site conditions. If approved, the optional design
and site requirements shall be considered as part of the land development
plan and/or zoning permit.
[Ord. 2017-02, 3/28/2017]
2.
No-Impact Home-Based Business: a business or commercial activity
administered or conducted as an accessory use which is clearly secondary
to the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use.
No-impact home-based businesses are permitted in any residence
subject to conformance with the following regulations. Any no-impact
home-based business must satisfy the following requirements:
A.
The no-impact home-based business shall be carried on wholly indoors
and within a dwelling or other structure accessory thereto and shall
be clearly secondary to the use of the property as a residence.
B.
The no-impact home-based business activity shall be compatible with
the residential use of the property and surrounding residential uses.
C.
The no-impact home-based business shall be operated by members of
the immediate family residing in the dwelling with a maximum of two
nonresident employees.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking or lights.
E.
The no-impact home-based business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
F.
The no-impact home-based business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
G.
The no-impact home-based business may not involve any illegal activity.
3.
Home Occupation: an activity for gain customarily carried on in a
dwelling, or in a building or structure accessory to a dwelling, clearly
incidental and secondary to the use of the dwelling for residential
purposes.
A.
Home occupations are permitted in any residence, subject to conformance
with the following regulations. Any customary home occupation or avocation
shall conform to the following regulations:
(1)
The home occupation shall be carried on wholly indoors and within
a dwelling or other structure accessory thereto and shall be clearly
secondary to the use of the property as a residence.
(3)
There shall be no exterior storage of materials.
(4)
No articles shall be sold or offered on premises for sale except
such as may be produced on the premises.
(5)
Frequent and repetitive servicing by commercial vehicles for
supplies and materials shall not be permitted.
(6)
The home occupation shall be operated by members of the immediate
family residing in the dwelling, with a maximum of two nonresident
employees.
(7)
The floor area devoted to a home occupation shall not be more
than 25% of the ground floor area of the principal residential structure,
excluding the garage.
B.
Home occupations shall include, but shall not be limited to, the
following: art studio teaching, not more than four pupils simultaneously
or, in the case of musical instruction, not more than a single pupil
at a time; seamstress, handicrafts, or other like activity; barbershop
and beauty parlor limited to serving one patron at a time; realtor,
insurance salesman, physician, lawyer, or other professionals, family
day care.
C.
Home occupations shall not include the following: animal hospital;
commercial stables and kennels; funeral parlors or undertaking establishments;
antique shops; tourist homes; restaurants; and rooming houses, boardinghouses,
or lodging houses.
D.
Parking: two off-street parking spaces in addition to spaces otherwise
required.
E.
No manufacturing, repairing or other mechanical work shall be performed
in any open area. Such activity shall be conducted in such a way that
no noise, odor, vibration, electromagnetic interference, or smoke
shall be noticeable at or beyond the property line.
F.
Family day cares must conform to the following specific regulations:
4.
Secondary Residential Unit: an accessory family suite or unit used
in conjunction with a single-family detached or attached dwelling.
By example, a secondary residential unit may be proposed to address
specific types of structures to address needs for a unit for care
of a relative or multigenerational coresidence arrangements as adjusted
in relation to changing housing market needs and trends.
A.
The secondary residential unit may not exceed 40% of the total square
feet of floor area and may or may not be attached to the primary residence.
B.
The total lot coverage for the principal dwelling, any existing accessory
structures, the secondary residential unit, and impervious surfaces
together shall not exceed the maximum requirement for the zone in
which the secondary residential unit is located.
C.
The secondary residential unit shall be occupied by a family member
related to the occupants of the principal dwelling.
D.
The conversion of the secondary residential unit to a nonfamily rental
shall be prohibited.
E.
Utilities.
(1)
For public sewer and water supply and all other utilities, the
secondary residential unit shall be physically connected to those
systems serving the principal dwelling. No separate utility systems
or connections shall be constructed or used. All connections shall
meet the applicable utility company standards; and
(2)
If on-site sewer or water systems are to be used, the applicant
shall submit evidence to Allen Township showing that the total number
of occupants in both the principal dwelling and the secondary residential
unit will not exceed the maximum capacities for which the original
septic systems were designed, unless those systems are to be expanded,
in which case the expansion approvals are to be submitted.
F.
A minimum of one off-street parking space, with unrestricted ingress
and egress to the street, shall be provided for the secondary residential
unit, in addition to that required for the principal dwelling.
G.
The secondary residential unit shall not be permitted in the required
front yard setback and shall adhere to all side and rear yard setback
requirements for principal uses.
H.
The secondary residential unit shall be removed from the property
or reestablished as a use permitted in the district in compliance
with the Subdivision and Land Development Ordinance[1] to the extent necessary, within 24 months after it is
no longer occupied by a person who qualifies for the use.
I.
Upon the proper installation of the secondary residential unit, the
Zoning Officer shall issue a temporary use and occupancy permit. Such
permit shall be reviewed every 12 months.
J.
Subject to compliance with the above criteria, a secondary residential
unit shall be considered an accessory use and shall not require submission
of a land development plan.
5.
Special Event Center - Accessory Use: an accessory use to a single-family
dwelling or farming use, on a lot in excess of 10 acres; rental of
an accessory structure for purposes of weddings, family gatherings,
reunions, or other similar events, subject to the additional regulations
contained herein. The following standards shall apply to this use:
A.
The use shall be accessory to an owner-occupied residential dwelling
or farm, and the use shall be owned and operated by the residential
dwelling owner(s).
B.
The use shall require a minimum lot of 10 acres, and no portion of
the event shall take place within 100 feet of the boundaries of the
lot.
C.
The use shall operate only May through October, on Friday, Saturday
and/or Sunday between 9:00 a.m. and 10:00 p.m.
D.
The events held at the venue shall be private family or social events,
for which fees may be charged, and shall not be open to the public.
E.
The event may be conducted in buildings on the residential lot and
in the outdoor areas of the lot, and the owner or his/her designated
representative shall be present at all times during any event.
F.
The venue shall not host more than 150 persons.
G.
Catered food, drinks (including beer and wine), and related event
services may be provided by the owner or by providers retained by
the owner. Alcoholic beverages shall not be permitted outside of the
venue. All federal, state and local laws and regulations shall be
complied with by the owner and any providers in connection with such
services.
H.
Lighting, sound and music equipment and/or musicians may be provided
at the venue, provided no sound or artificial light shall be permitted
to leave the boundaries of the lot.
I.
Parking for a minimum of 90 full-size parking spaces shall be provided
for patrons of the event, and no parking by patrons shall be permitted
on any public road. The owner(s) shall ensure that ingress and egress
during the event to the venue does not cause congestion on any public
road.
J.
The owner(s) shall be responsible to provide:
K.
No public liability or property insurance shall be required for this
use.
L.
The operation of the use shall at all times comply with all federal,
state and local laws and regulations.
