Township of Fairview, PA Article X Specific Criteria and Supplemental Regulations for Specific Uses

§ 300-69 Applicability.

A. In addition to the general provisions that are established in Articles IV through VI of this chapter for principal, accessory, or temporary uses, buildings, and structures within a particular zoning district and/or overlay zoning district; the additional general provisions for uses, buildings, and structures established in Article VII and elsewhere in the chapter, this Article X sets forth the specific standards and supplemental regulations that shall be applied to every principal, accessory, and temporary use identified in this Article X. These specific use standards and supplemental regulations shall be satisfied prior to approval of any application for a zoning permit, building permit, occupancy permit, temporary permit, special exception, or conditional use. The applicant shall be required to demonstrate compliance with these standards and regulations and shall furnish whatever evidence is necessary to demonstrate such compliance.

B. All principal, accessory, or temporary uses subsequently identified in this Article X shall comply with the general provisions for uses within a particular zoning district in which the use is to be located, unless different standards are established in Articles IV through VI of this chapter; in which case, the more restrictive shall apply.

C. For uses that are permitted within a specific zoning district as conditional uses or special exceptions, see also the procedures and standards in Article XII of this chapter.

§ 300-70 Additional supplemental standards and requirements for specific principal residential uses.

A. Apartment conversions. Apartment conversions are permitted, subject to the following criteria:

(1) The building shall be a single-family detached dwelling that existed on the effective date of this chapter, and contained (at that time) at least 2,000 square feet of habitable floor area. Additionally, the gross floor area, building footprint, and building height that existed on the effective date of this chapter shall not be increased to accommodate the proposed apartment conversion.

(2) All apartment conversions shall comply with the applicable density, lot area, and all other area and design requirements for the applicable use in the applicable zoning district [i.e., an apartment conversion resulting in not more than two total dwelling units (including the original dwelling unit), then two-family detached dwelling area and design requirements apply; an apartment conversion resulting in not more than three or more total dwelling units (including the original dwelling unit), then multifamily dwelling area and design requirements apply].

(3) All principal buildings permitted as part of an apartment conversion use shall maintain an exterior appearance that resembles and is compatible with any existing dwelling on the lot and in the neighborhood. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

(4) Fire escapes, where required, shall be located in the rear or side (in order of preference) of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.

(5) All units contained on floors above or below grade shall have a direct means of escape to ground level.

(6) No dwelling unit shall be less than 400 square feet.

(7) All dwelling units shall be located within the principal building.

(8) All dwelling units shall have separate kitchen and bathroom facilities as well as living/sleeping spaces.

(9) Public water and public sewer shall be required.

B. Group home. Group homes are permitted, subject to the following criteria:

(1) All principal structures permitted to be group home uses shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

(2) Fire escapes, where required, shall be located in the rear or side (in order of preference) of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.

(3) Under no circumstances shall any uses qualifying for or falling under the definition of a "treatment center" or other similar establishment be considered a group home.

(4) Occupants of the group home shall live as a family unit.

C. Mobile/manufactured home park. Mobile/manufactured home parks are permitted, subject to the following criteria:

(1) Mobile/manufactured home parks and individual mobile/manufactured homes shall comply with the provisions set forth in Chapter 113, relating to code enforcement, Uniform Construction Code, and Chapter 260, relating to subdivision and land development, respectively, as well as the following:

(a) Each individual mobile/manufactured home within a mobile/manufactured home park shall comply with the following density, area, and design requirements as if said mobile/manufactured home was located on an individual lot. In addition the standards set forth in this subsection, each individual mobile/manufactured home shall comply with the density, lot area, and all other area and design requirements of applicable zoning district:

[1] For interior lots, the minimum lot width at the lot frontage shall be 45 feet.

[2] For corner lots, the minimum lot width at the lot frontage shall be 60 feet.

[3] The minimum required front setback shall be 25 feet.

[4] The minimum required side setback shall be 10 feet.

[5] The minimum required rear setback shall be 10 feet.

(b) No mobile/manufactured home lot shall be within 35 feet of the mobile/manufactured home park boundary, nor within 35 feet of an external public street right-of-way located outside of the mobile/manufactured home park site.

(c) Each mobile/manufactured home lot shall contain no more than one mobile/manufactured home, nor shall it contain more than one family.

(d) Individual mobile/manufactured home owners may install accessory or storage sheds, exterior patio areas, and other unattached outdoor structures and areas. All such facilities so installed shall not intrude into any required front, side, or rear setback, and, in every case, shall substantially conform in style, quality, and color to the existing mobile/manufactured homes.

(e) All mobile/manufactured homes shall abut an access drive or an approved access easement of the mobile/manufactured home park's internal access drive network. In no case shall access to such mobile/manufactured homes and mobile/manufactured home lots be provided directly onto, have frontage, or otherwise abut an external public street rights-of-way.

D. Multifamily dwelling. Multifamily dwellings are permitted, subject to the following criteria:

(1) In addition the standards set forth in this subsection, all multifamily dwelling buildings shall comply with the applicable density, and all other area and design requirements for applicable use in the applicable zoning district:

(a) The minimum lot area per dwelling unit shall be 2,000 square feet.

(b) For interior lots, the minimum lot width at the lot frontage shall be 85 feet.

(c) For corner lots, the minimum lot width at the lot frontage shall be 100 feet.

(2) In those instances where more than one multifamily dwelling building is located on the same lot, the following separation distances will be provided between each building:

(a) Front-to-front or rear-to-rear parallel buildings shall have at least 45 feet between faces of the buildings. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance to the other end.

(b) A minimum distance of 25 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 15 feet.

(c) A minimum distance of 25 feet is required between end walls and front or rear faces of buildings.

(d) All multifamily dwelling buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.

(3) Public water and public sewer shall be required.

E. Single-family attached dwelling. Single-family attached dwellings are permitted, subject to the following criteria:

(1) In addition the standards set forth in this subsection, all individual single-family attached dwelling units shall comply with the applicable density, and all other areas and design requirements for applicable use in the applicable zoning district, as if said single-family attached dwelling unit was located on an individual lot.

(a) The minimum lot area per dwelling unit shall be 2,400 square feet.

(b) For interior lots, the minimum lot width at the lot frontage shall be 24 feet.

(c) For corner lots, the minimum lot width at the lot frontage shall be 39 feet.

(d) Side setbacks shall be the minimum required for the applicable zoning district, except zero feet at the shared lot line of lawfully attached dwellings constructed with a shared common party wall and the written consent of the owner of the abutting lot and building.

(e) The maximum impervious coverage shall be 60%.

(2) The maximum number of abutting single-family attached dwelling units in a row shall be six.

(3) No more than two abutting single-family attached dwelling units shall have the same front building setbacks, front building lines, and rooflines.

(4) In addition, each single-family attached dwelling unit shall be distinguished from the abutting single-family attached dwelling unit in some appropriate manner such as by varying unit width, use of different exterior materials, or varying arrangements of entrances or windows.

(5) The minimum variation of the front building setback and front building line between single-family attached dwelling units shall be four feet.

(6) Public water and public sewer shall be required.

F. Single-family semidetached dwelling. Single-family semidetached dwellings are permitted, subject to the following criteria:

(1) In addition the standards set forth in this subsection, all individual single-family semidetached dwelling units shall comply with the applicable density, area, and design requirements for applicable use in the applicable zoning district, as if said single-family semidetached dwelling unit was located on an individual lot.

(a) For interior lots, the minimum lot width at the lot frontage shall be 40 feet.

(b) For corner lots, the minimum lot width at the lot frontage shall be 55 feet.

(c) Side setbacks shall be the minimum required for the applicable zoning district, except zero feet at the shared lot line of lawfully attached dwellings constructed with a shared common party wall and the written consent of the owner of the abutting lot and building.

G. Two-family detached dwelling. Two-family detached dwellings are permitted, subject to the following criteria:

(1) In addition the standards set forth in this subsection, all buildings accommodating two-family detached dwellings shall comply with the applicable density, lot area, and all other area and design requirements for applicable use in the applicable zoning district.

(a) For interior lots, the minimum lot width at the lot frontage shall be 90 feet.

(b) For corner lots:

[1] The minimum lot width at the lot frontage shall be 105 feet; and

[2] For those proposed two-family detached dwelling buildings designed in a side-by-side configuration, there shall be at least one dwelling unit with its primary front facade and orientation and/or location of the main or everyday entrance, and its address, on each of the intersecting streets (excluding alleys).

§ 300-71 Additional supplemental standards and requirements for specific principal nonresidential commercial uses.

A. Airports. Airports are permitted, subject to the following criteria:

(1) Takeoff/landing strip and/or pad shall be set back at least 300 feet from any lot line.

B. Animal hospital. Animal hospitals are permitted, subject to the following criteria:

(1) Unless animals are kept inside at all times, all structures and areas where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls, and runways shall be located within the rear yard, and shall be a minimum of:

(a) Special yard and setback requirements. All animal shelters, buildings, outdoor stalls and/or runways shall be set back from the lot line at least 300 feet.

(b) The Zoning Hearing Board may, as a special exception, however, reduce the above special yard and setback requirements where it is shown that, because of nature of the operation, design and construction of the structures proposed to accommodate animals, relating prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from noise, odor, dust, or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special yard and setback requirement to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.

(c) Otherwise, the setback requirements of the applicable zoning district shall apply.

(2) All areas utilized for outdoor exercise of animals and outdoor stalls and/or runways to which animals have access shall be completely enclosed by a six-foot-high fence to prevent the escape of animals.

(3) No animals shall be permitted to use outdoor exercise areas or outdoor stalls and/or runs that are located within 300 feet of a lot line between the hours of 8:00 p.m. to 8:00 a.m.

(4) All other areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals, and set back a minimum of 10 feet from all lot lines.

(5) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 260, relating to subdivision and land development, and approved by the Township Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way, and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article VII of this chapter, relating to performance standards for all uses.

C. Automobile and other similar light-duty motor and passenger vehicle rental/sales, repair/service, washing, and/or fuel/gas sales. Automobile and other similar light-duty motor and passenger vehicle rentals/sales, repair/service, washing and/or fuel/gas sales are permitted, subject to the following criteria:

(1) Automobile and other similar light-duty motor and passenger vehicles offered for rent or for sale, in any state of being fixed/serviced, or washed/dried, or otherwise stored, displayed, or serviced, shall not occupy any part of the existing or future street right-of-way (including sidewalks and alleys) or required off-street parking areas.

(2) All buildings and structures (including fuel/gas pumps, but excluding permitted signs) shall be set back at least 25 feet from any street right-of-way or lot line.

(3) All permitted activities except for the inventory display/sales, parking, and those normally required to be performed at the fuel/gas pumps and air pumps, and washing and vacuuming areas shall be performed within a completely enclosed building.

(4) All outdoor display and sales areas shall comply with Article X of this chapter, relating to outside display and sales.

(5) No more than three vehicles may be stored per repair/service bay.

(6) The demolition or junking of automobile and other similar light-duty motor and passenger vehicles is prohibited.

(7) The storage of inoperable automobile and other similar light-duty motor and passenger vehicles and related parts shall be within a completely enclosed building.

(8) The outdoor storage of automobile and other similar light-duty motor and passenger vehicles on the property without current registration is prohibited.

(9) No automobile and other similar light-duty motor and passenger vehicle, except those with current registration and offered for sales/rental, shall be stored upon the site for more than 30 days.

(10) Motor vehicle facilities for automobiles and other similar light-duty motor and passenger vehicles are permitted, subject to the following additional criteria:

(a) All uses shall provide sufficient stacking areas for waiting motor vehicles, which shall include the minimum number of stacking spaces as set forth in Article VIII of this chapter, relating to stacking standards.

(b) The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

(c) Gray-water recycling is mandatory.

(d) Water from the vehicle wash operation shall not flow onto sidewalks or streets.

D. Boarding houses. Boarding houses are permitted, subject to the following criteria:

(1) Accommodations shall be limited to the following:

(a) In the VMU and/or VB Zoning Districts, the total number of tenant/guest rooms for rent shall be eight and the boarding house shall not accommodate more than 16 tenants/guests total.

(b) In the CB Zoning District, the total number of tenant/guest rooms for rent shall be 16 and the boarding house shall not accommodate more than 32 tenants/guests total.

(2) All tenant/guest rooms shall be limited to two tenants/guests each.

(3) The owner of the facility or resident manager shall reside in the boarding house. Proof of residency shall be provided.

(4) All tenant/guest rooms available for boarding shall be located within the principal building.

(5) Access to all boarding rooms shall be through the interior of the building. No exit doors from individual boarding rooms shall lead directly to the exterior of the building.

(6) Residents on-site shall have access to shared common areas for cooking and eating. A common kitchen facility equipped for cooking meals located on site shall be available to the residents, or daily meals must be provided on site for the residents of the boarding house.

(7) Meals for compensation shall be provided only to registered tenants/guests of the boarding house. No cooking facilities shall be provided or permitted in the individual tenant/guest rooms.

(8) All tenants/guests shall execute a lease before occupancy.

(9) Tenants/guest rooms shall be leased to the same tenant/guest for at least seven consecutive days.

E. Business park. Business parks are permitted, subject to the following criteria:

(1) The minimum lot area of the business park tract shall be five acres; following approval of the initial business park use, the tract can be subdivided into separate lots in accordance with the minimum lot area requirement of the applicable zoning district.

(2) Notwithstanding the maximum impervious lot coverage requirements in § 300-21 of this chapter, the maximum impervious lot coverage for the entire lot of the business park tract shall not exceed 75% of the lot as it existed on October 30, 2017, (date of adoption of this ordinance); provided, however, that each lot created by the subdivision of land within the business park shall not individually exceed 90% impervious lot coverage.

[Added 10-30-2017 by Ord. No. 2017-3[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsection E(2) through (6) as Subsection E(3) through (7), respectively.

(3) The business park shall contain nonmotorized transportation facilities, including but not limited to sidewalks, walking paths, and trails, that shall be an integral part of the business park. The nonmotorized transportation facilities shall connect all proposed lots and building sites within the business park and provide linkages to abutting lots and future and existing development. The application shall identify the function or functions of each nonmotorized facility and shall design such pathway to adequately perform such function or functions.

(4) Principal buildings and structures shall be set back 50 feet from any abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts. Additionally, the following separation distances will be provided between each building:

(a) Front-to-front and rear-to-rear, parallel buildings shall have at least 50 feet between faces of the buildings. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance to the other end.

(b) A minimum distance of 50 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 25 feet.

(c) A minimum distance of 50 feet is required between end walls and front or rear faces of buildings.

(5) All distribution and service lines or pipes for utilities shall be underground.

(6) In addition to the sign standards set forth in Article IX of this chapter, relating to signs, business parks shall be permitted to erect business parks signs to identify the name of the business park and name(s) of individual uses within the business park at major entrances. At least 50% of the total sign area shall be devoted to the business park's name. Additionally, individual uses within the business park may have signs in accordance with the standards as set forth Article IX of this chapter.

(7) In addition to the information required to be submitted in Article XII of this chapter, relating to applications for zoning permits, applications for business parks shall also include:

(a) A phasing plan and schedule for implementation; and

(b) Declaration of covenants and restrictions pertaining to the maintenance of all shared and common development improvement facilities, including but not limited to: private streets, parking compounds, loading areas, access drives, sidewalks, walkways, trails, landscaping, easements, stormwater management facilities, and common areas and shall be in a recordable form approved by the Township and recorded in the York County Recorder of Deeds. In the event the property(ies) and/or use(s) undergo change of ownership, the agreement shall be updated to reflect current owner(s) of the uses and the properties. No agreement shall be terminable by any party except upon cessation of the use(s).

F. Campground or recreational vehicle park campground or recreational vehicle parks are permitted, subject to the following criteria:

(1) All camping or recreational vehicle spaces shall be located at least 50 feet from any side or rear lot line and at least 100 feet from any public street right-of-way.

(2) Each camping or recreational vehicle space shall be numbered.

(3) The minimum size, dimensions and separation from other sites of each camping or recreational vehicle space shall be as follows:

(a) Primitive tent space: 400 square feet; 20 square feet by 20 square feet.

(b) Standard tent space: 1,600 square feet; 40 square feet by 40 square feet.

(c) Recreational vehicles: 3,600 square feet; 60 square feet by 60 square feet.

(4) Each recreational vehicle space shall be provided with individual electrical, sewage, and water connections. These element provisions generally do not apply to primitive and standard tent sites.

(5) Every campground and recreational vehicle park shall be provided with a public comfort station including showers, rest room facilities and a sheltered drinking fountain in accordance with requirements of the Commonwealth of Pennsylvania including Title 28, Chapter 19, relating to organized camps and campgrounds.

(6) Every campground and recreational vehicle park shall be provided with a paved sanitary station for the disposal of wastes from vehicle holding tanks that shall be set back a minimum of 100 feet from any lot line. All sanitary stations shall be designed in accordance with PA DEP requirements and other applicable laws of the commonwealth.

(7) Every campground and recreational vehicle park shall be provided with centralized garbage collection facilities that shall be set back a minimum of 100 feet from any lot line.

(8) A minimum of 10% of the gross area of the campground or recreational vehicle park or 500 square feet per camping or recreational vehicle space, whichever is greater, shall be set aside for recreation and open space use exclusively by all registered occupants (and their guests) of the facility. Such facilities shall be set back at least 50 feet from any lot line, and 100 feet from property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(9) Camping spaces shall be improved to provide an adequate foundation for the placement of a camping unit. Where camping units are intended to include travel trailers, recreational vehicles or other similar portable units, such foundation shall consist of at least a durable, dust-free all-weather surface.

(10) Standard tent sites (non-primitive) shall be provided with a leveling area (tent pad) for the placement of tents.

(11) Camping and recreational vehicle spaces shall be appropriately segregated and buffered to promote safety and compatibility among users, and to eliminate nuisances.

(12) No permanent structures shall be permitted on any individual campsite or recreational vehicle site other than fireplaces, improved pads, and required utility facilities.

(13) Existing trees and vegetation shall be preserved to keep the area as close as possible to its original condition.

(14) Any accessory retail or service commercial uses shall be solely designed and constructed to serve only the campground's or recreational vehicle park's registered occupants and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's or recreational vehicle park's internal street rather than the public street right-of-way.

(15) Campgrounds and recreation vehicle parks shall be designed for intermittent recreational use. No persons or occupants shall be permitted to permanently reside on any campsite or recreational vehicle site, except the campground or recreational vehicle park owner and/or resident manager.

G. Commercial recreation, outdoor. Outdoor commercial recreation facilities are permitted, subject to the following criteria:

(1) The required minimum setbacks:

(a) All outdoor recreation and activity areas shall be set back at least 100 feet from the street right-of-way and any adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(b) Any structures exceeding the maximum permitted height may be permitted as long as they are set back from all lot lines at least the horizontal distance equal to their height, plus an additional 25 feet.

(c) Otherwise, all structures shall comply with the applicable zoning district setback requirements.

H. Convenience store. Convenience stores are permitted, subject to the following criteria:

(1) If motor vehicle washing and/or fuel/gas sales are provided as part of the convenience store, then such use shall comply with all applicable provisions of other similar light-duty motor and passenger vehicle washing, and/or fuel/gas sales contained in this Article X of this chapter relating to automobile and other similar light-duty motor and passenger vehicle rental/sales, repair/service, washing, and/or fuel/gas sales, except that no sale/rental or repair/service of motor vehicles shall occur.

(2) All activities, except parking and those normally required to be performed at the fuel/gas pumps, and air pumps, washing, and vacuuming areas shall be performed within a completely enclosed building.

(3) If restaurant and food service facilities are provided as part of the convenience store, then such use(s) shall be subject to the specific standards for each use in accordance with all applicable provisions set forth in this chapter.

I. Funeral home. Funeral homes are permitted, subject to the following criteria:

(1) All rooms available for funerals and viewing shall be located within the principal building.

(2) There shall be no receiving vault, preparation room, or display of merchandise visible from outside of any building.

J. Golf course. Golf courses are permitted, subject to the following criteria:

(1) In no case shall the design of a golf course permit or encourage a golf ball to be driven across any building, building lot, parking lot, or street.

(2) Golf cart paths.

(a) In order to prevent dust, erosion, and excessive water flow across streets or abutting property, all golf course paths shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 260, relating to subdivision and land development, or any other construction materials specifications adopted by the Township, and approved by the Township.

(b) The golf course design shall minimize golf cart path crossings of streets and access drives. Easily identifiable golf cart paths shall be provided for crossings of streets and access drives. The golf course design shall both discourage random crossing and require use of the golf cart path crossings of streets and access drives. Golf cart path crossings shall conform to the following:

[1] Each crossing shall be perpendicular to the traffic movements.

[2] Only one street may be crossed at each location.

[3] No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street or access drive.

[4] Clear sight triangle and site distances shall be provided in accordance with Chapter 260, relating to subdivision and land development.

[5] The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.

[6] Golf cart path crossings shall be signed warning motorists and pedestrians and golfers. The surface of the golf cart path shall be brightly painted with angle stripes.

[7] Golf cart path crossings of collector or arterial streets shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.

(3) All golf course buildings shall be set back 75 feet from any adjoining street rights-of-way and 100 feet from property in RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(4) The following accessory uses, customarily incidental to the use of a golf course, including:

(a) Clubhouse, which may consist of:

[1] Restaurant, snack bar, lounge and banquet facilities.

[2] Locker and rest rooms.

[3] Pro shop.

[4] Offices.

(b) Golf cart and course maintenance equipment storage and service facilities.

(c) Accessory recreational facilities and areas including active and passive recreation:

[1] Parks and other noncommercial outdoor recreational uses.

[2] Indoor commercial recreation facilities.

(5) Additionally, accessory uses, customarily incidental to the use of a golf course, shall be permitted as long as they are permitted accessory and/or principal uses in the applicable zoning district, complement the golf course use, and do not encumber activities of surrounding lots.

K. Home improvement center, lumber, and building materials sales. Home improvement centers, lumber, and building materials sales are permitted, subject to the following criteria:

(1) All outdoor display and sales areas shall comply with Article X of this chapter, relating to outside display and sales.

(2) All permitted activities, including drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, except for inventory display/sales, and parking, shall be conducted within a completely enclosed building.

L. Kennel, commercial. Commercial kennels are permitted, subject to the following criteria:

(1) Unless animals are kept inside at all times, all structures and areas where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls, and runways, shall be located within the rear yard, and shall be a minimum of:

(a) Special yard and setback requirements. All animal shelters, buildings, outdoor stalls and/or runways shall be set back from the lot line at least 300 feet.

(b) The Zoning Hearing Board may, as a special exception, however, reduce the above special yard and setback requirements where it is shown that, because of nature of the operation, design and construction of the structures proposed to accommodate animals, relating prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from noise, odor, dust, or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special yard and setback requirement to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.

(c) Otherwise, the setback requirements of the applicable zoning district shall apply.

(2) All areas utilized for outdoor exercise of animals and outdoor stalls and/or runways to which animals have access shall be completely enclosed by a six-foot-high fence to prevent the escape of animals.

(3) No animals shall be permitted to use outdoor exercise areas or outdoor stalls and/or runs that are located within 300 feet of a lot line between the hours of 8:00 p.m. to 8:00 a.m.

(4) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 260, relating to subdivision and land development, and approved by the Township Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way, and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in Article VII of this chapter, relating to performance standards for all uses.

(5) The applicant shall also demonstrate that the facility will comply with all applicable Commonwealth of Pennsylvania requirements for such uses.

M. Landscaping service. Landscaping services are permitted, subject to the following criteria:

(1) No machinery, equipment, or materials shall be stored in required front, side, or rear building setback areas.

(2) Except in the IB Zoning District, all permitted accessory activities which are clearly incidental to the principal use, including drilling, cutting, sawing, mixing, crushing, or some other preparation of materials, as well as the testing or repairing of motorized equipment used as part of the landscaping service, shall be conducted within a completely enclosed building.

(3) Accessory uses, customarily incidental to the use of a landscaping service, shall be permitted as long as they are permitted accessory and/or principal uses in the applicable zoning district, complement the landscaping service use, and do not encumber activities of surrounding lots.

N. Mini-storage warehouse. Mini-storage warehouses are permitted, subject to the following criteria:

(1) Parking may be provided along interior traffic aisles adjacent to the buildings. These aisles shall be at least 26 feet wide when storage units open onto one side of the aisle only, and at least 30 feet wide when storage units open onto both sides of the aisle.

(2) Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas, or accessways.

(3) All recreational vehicles, boats and trailers stored outside of an enclosed building shall be:

(a) Maintained with current, valid license plates and inspection stickers (when applicable), and be in operable condition; and

(b) Surrounded by a fence or wall at least six feet in height.

(4) Mini-storage units shall be used solely for the storage of property. The following uses are expressly prohibited upon the site:

(a) Auctions, commercial wholesale or retail sales, or garage/yard sales.

(b) Offices or residential dwellings.

(c) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

(d) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

(e) The establishment of a warehousing, distribution, and wholesaling business.

(f) The storage of trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items that are dangerous, noxious or offensive because of odors, dust, noise, fumes, or vibrations.

(g) The applicant shall adequately demonstrate that all mini-storage rental or use contracts shall specifically prohibit the uses listed in Subsection N(4)(a) through (f).

(5) All "overhead" or "rollup" doors on mini-storage units or outdoor storage areas shall not be located directly facing toward any abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

O. Motor vehicle auction. Motor vehicle auctions are permitted, subject to the following criteria:

(1) Vehicles as part of inventory display/sales may be located in the front yard between the principal building and the public street right-of-way (excluding alleys), but shall not be within any required setback.

(2) Except for the storage, inventory, display/sales, parking, and those normally required to be performed at the fuel/gas pumps and air pumps, and washing and vacuuming areas, all permitted activities shall be performed within a completely enclosed building.

(3) All ventilation equipment outlets, fume collection, and other similar equipment associated with the service/repair work area(s) and/or service/repair and wash bay doors/opening shall not be located or oriented directly toward any property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(4) The demolition or junking of vehicles is prohibited. The storage of vehicles and related parts shall be within a completely enclosed building.

(5) Except those vehicles with current registration and offered as part of the inventory display/sale vehicle, no vehicles shall be stored upon the site for more than 35 days.

P. Nightclubs. Nightclubs are permitted, subject to the following criteria:

(1) A nightclub serving alcohol shall be located in accordance and otherwise comply with the provisions of the Pennsylvania Liquor Control Board.

Q. Outdoor shooting range. Outdoor shooting ranges are permitted, subject to the following criteria:

(1) All shooting ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety. This barrier shall be made of earth for an outdoor firearms range.

(2) The design of the shooting range shall be compared by the applicant with any applicable published guidelines of the National Rifle Association.

(3) A shooting range and any firing stations shall not be located a within 250 feet of any adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(a) Clay pigeon shooting areas shall be directed away from homes and streets.

(4) Warning signs shall be placed at intervals of not less than 100 feet along all exterior lot lines.

R. Sexually oriented business and/or related uses. Sexually oriented businesses and related uses are permitted, subject to the following criteria:

(1) No portion of a sexually oriented business and/or related use shall be located within 500 feet of the furthest extent of another sexually oriented business and/or related use.

(2) No portion of a building occupied by a sexually oriented business and/or related use shall be located within 500 feet of the furthest extent of any adjacent property:

(a) In the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts; and

(b) Which contains any one or more of the following specified land uses where minors may congregate:

[1] Commercial recreation, indoor or outdoor;

[2] Day care, primarily for children;

[3] Library;

[4] Park, playground, playfield;

[5] Place of worship;

[6] School, private/public;

[7] Swimming pool, public; or

[8] Other lands, buildings, and uses where minors are permitted to congregate.

(3) 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.

(4) Any building or structure used and occupied as a sexually oriented business and/or related use 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.

(5) All signs shall comply with Article IX of this chapter. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein.

(6) 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 they may be offended upon entry.

(7) The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

(8) No unlawful sexual activity or conduct shall be permitted.

S. Shopping center. Shopping centers are permitted, subject to the following criteria:

(1) Maximum impervious lot coverage shall be 60%.

(2) The proposed retail establishment shall be constructed in accordance with an overall plan and shall be designed as a single architectural scheme with appropriate common landscaping.

(3) In addition to the information required to be submitted in Article XII of this chapter relating to applications for zoning permits, applications for shopping centers shall also include:

(a) A phasing plan and schedule for implementation; and

(b) Declaration of covenants and restrictions pertaining to the maintenance of all shared and common development improvement facilities, including but not limited to: private streets, parking compounds, loading areas, access drives, sidewalks, walkways, trails, landscaping, easements, stormwater management facilities, and common areas and shall be in a recordable form approved by the Township and recorded in the York County Recorder of Deeds. In the event the property(ies) and/or use(s) undergo change of ownership, the agreement shall be updated to reflect current owner(s) of the uses and the properties. No agreement shall be terminable by any party except upon cessation of the use(s).

T. Shopping center, large. Large shopping centers are permitted, subject to the following criteria:

(1) In addition to the provisions in this subsection, all large shopping centers shall also comply with the standards set forth for shopping centers.

(2) Indoor recreation facilities are exempt from this requirement.

(3) Development standards.

(a) Site design and relationship to surrounding community.

[1] Pedestrian entrances. The site design shall incorporate the location of customer entrances on at least two sides of the large shopping center. The two sides shall be those planned to have the highest level of public pedestrian activity, and one of the sides shall be that which most directly faces a street right-of-way with pedestrian access. The other of the two sides may face a second street right-of-way with pedestrian access, and/or a main parking lot area. All entrances shall be architecturally prominent and clearly visible from the abutting public street right-of-way. (See Figure 10.1.) Movie theaters are exempt from this requirement.

Figure 10.1

Building Entrances

Example of a development with customer entrances on all sides that face a public street.

[2] Parking lot location. No more than 75% of the off-street parking area for the lot, tract or area of land devoted to the large shopping center shall be located between the front facade of the large shopping center and the abutting street rights-of-way (the front parking area). The front parking area shall be determined by drawing a line from the front corners of the building to the nearest property corners. If any such line, when connected to the plane of the front facade of the building, creates an angle that is greater than 180°, then the line shall be adjusted to create an angle of 180°, when connected to the plane of the front facade of the building. If any such line, when connected to the plane of the front facade of the building, creates an angle that is less than 90°, then the line shall be adjusted to create an angle of 90° when connected to the plane of the front facade of the building. Parking spaces in the front parking area shall be counted to include all parking spaces within the boundaries of the front parking area, including:

[a] All partial parking spaces, if the part inside the front parking area boundary lines constitutes more than 1/2 of said parking space; and

[b] All parking spaces associated with any pad sites located within the front parking area boundaries. Supermarkets are exempt from this requirement.

[3] Building setbacks. The minimum setback for any large retail establishments building facade shall be 75 feet from the nearest property line. Where a facade faces abutting existing residential uses, an earthen berm, no less than six feet in height, containing screening in accordance with Article VII, relating to buffer and screening regulations, shall be provided.

[4] Connectivity. The site design shall provide direct connections and safe street right-of-way crossings to adjacent nonresidential land uses, when possible.

[5] Pedestrian circulation.

[a] Sidewalks at least five feet in width shall be provided along all sides of the lot that abut a public street right-of-way.

[b] Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all large retail establishments on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50% of the length of the walkway.

[c] Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be unobstructed and located at least six feet from the facade of the building to provide planting beds for foundation landscaping or integral planters, except where features such as arcades or entryways are part of the facade.

[d] Internal pedestrian walkways provided in conformance with Subsection T(3)(a)[5][b] above shall provide weather protection features such as awnings or arcades within 30 feet of all customer entrances.

[e] All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

[6] Central features and community space. Each retail establishment and the other similar and related establishments as part of a large shopping center development subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following features on the proposed site:

[a] Patio/seating area, including outdoor dining/cafe;

[b] Pedestrian plaza with benches;

[c] Transportation center;

[d] Window shopping walkway;

[e] Outdoor playground area;

[f] Kiosk area;

[g] Water feature;

[h] Clock tower; and/or

[i] Other such deliberately shaped area and/or a focal feature or amenity that adequately enhances such community and public spaces.

(4) In addition to the information required to be submitted in Article XII of this chapter, relating to applications for zoning permits, applications for large shopping centers shall also include:

(a) A phasing plan and schedule for implementation; and

(b) Declaration of covenants and restrictions pertaining to the maintenance of all shared and common development improvement facilities, including but not limited to private streets, parking compounds, loading areas, access drives, sidewalks, walkways, trails, landscaping, easements, stormwater management facilities, and common areas and shall be in a recordable form approved by the Township and recorded in the York County Recorder of Deeds. In the event the property(ies) and/or use(s) undergo change of ownership, the agreement shall be updated to reflect current owner(s) of the uses and the properties. No agreement shall be terminable by any party except upon cessation of the use(s).

U. Taverns/bars. Taverns/bars are permitted, subject to the following criteria:

(1) A tavern/bar shall be located and operated in accordance with the provisions of the Pennsylvania Liquor Control Board.

V. Travel plaza. Travel plazas are permitted, subject to the following criteria:

(1) Travel plazas may include a wide range of services and goods to professional drivers and the general public are congregated, such as:

(a) Fuel/gas sales;

(b) Motor vehicle services;

(c) Hotels/motels;

(d) Restaurants;

(e) Offices;

(f) Personal services;

(g) Motor vehicle washing facilities;

(h) Banks;

(i) Drive-throughs;

(j) Commercial recreation, indoor;

(k) Convenience stores; and

(l) Retail businesses, subject to the specific standards for each use in accordance with all applicable provisions set forth in this chapter.

§ 300-72 Additional supplemental standards and requirements for specific principal nonresidential industrial uses.

A. Automobile wrecking, junk and scrap storage and sales. Automobile wrecking, junk and scrap storage and sales are permitted, subject to the following criteria:

(1) Automobile wrecking, junk and scrap storage and sales shall comply with the provisions set forth in Chapter 172, relating to licenses, permits and general regulations, junkyards and scrap yards, as well as the following:

(a) All junk, scrap, machinery or equipment stored outside shall be set back at least:

[1] One hundred feet from any abutting front lot line and/or street right-of-way line;

[2] One hundred feet from any abutting side lot line;

[3] Fifty feet from any abutting rear lot line; and

[4] Two hundred feet from any adjacent property in the RS and/or RS Zoning Districts, or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(b) No junk, scrap, machinery or equipment of any kind shall be stored in a required front, side, or rear setback. All unpaved setbacks shall be covered with grass or similar vegetative material and shall at all times be kept clean, vacant, and well maintained.

(c) In addition to screening and buffering requirements set forth in Article VII of this chapter relating to buffer and screening regulations, all materials and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height with no less than one-hundred-percent opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation. Township emergency personnel shall be provided with keys for all service gates.

(d) No material shall be placed in any establishment in such a manner that it is capable of being transferred off the premises by wind, water, or other natural causes. All paper, cloth, rags, and other fibers, and activities involving the same other than loading and unloading, shall be within fully enclosed building.

(e) All junk shall be stored or arranged so as to permit access by emergency responders and to prevent the accumulation of water, and no junk, scrap, machinery or equipment shall be piled to a height greater than 10 feet.

(f) No material may be stored or stacked so that it is visible from abutting properties or adjoining street rights-of-way.

(g) No material shall be burned or incinerated at any time.

(h) No automotive wrecking, junk, scrap storage and sales establishments shall be located on land with a slope in excess of 5%.

(i) All vehicles within the automotive wrecking, junk, scrap storage and sales establishments shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants, and air-conditioning fluids.

B. Heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck, and other similar large or heavy-duty motor vehicle rental/sales, repair/service, washing, and/or fuel/gas sales. Heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicle rental/sales, repair/service, washing and/or fuel/gas sales are permitted, subject to the following criteria:

(1) Heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicles offered for rent/sale, in any state of being fixed/serviced, or washed/dried, or otherwise stored, displayed or serviced shall not occupy any part of the existing or future street right-of-way (including sidewalks and alleys) or required off-street parking areas.

(2) All buildings and structures (including fuel/gas pumps, but excluding permitted signs) shall be set back at least 25 feet from any street right-of-way or lot line.

(3) All permitted activities, except for the inventory display/sales, parking, and those normally required to be performed at the fuel/gas pumps and air pumps, and washing and vacuuming areas shall be performed within a completely enclosed building.

(4) All outdoor display and sales areas shall comply with Article X of this chapter relating to outside display and sales.

(5) No more than three vehicles may be stored per repair/service bay.

(6) The demolition or junking of heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicles is prohibited.

(7) The storage of inoperable heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicles and related parts shall be within a completely enclosed building.

(8) The outdoor storage of heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicles on the property without current registration is prohibited.

(9) No heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicle, except those with current registration and offered for sales/rental, shall be stored upon the site for more than 30 days.

(10) Heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicle washing facilities are permitted, subject to the following additional criteria:

(a) All uses shall provide sufficient stacking areas for waiting motor vehicles, which shall include the minimum number of stacking spaces as set forth in Article VIII of this chapter relating to stacking standards.

(b) The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

(c) Gray water recycling is mandatory.

(d) Water from the vehicle wash operation shall not flow onto sidewalks or streets.

C. Mineral extraction. Mineral extraction is permitted, subject to the following criteria:

(1) All areas of excavation shall be set back from property that is not owned by the owner or operator of the mineral extraction use at least:

(a) One hundred feet from existing public street rights-of-way and from all exterior lot lines of the property.

(b) One hundred fifty feet from commercial or industrial uses, unless provided with written consent of the owner of the abutting lot and building.

(c) One hundred fifty feet from any abutting lot line of any existing publicly owned recreation area.

(d) Two hundred fifty feet from any adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(2) In addition to screening and buffering requirements set forth in Article VII of this chapter relating to buffer and screening regulations, except as provided in this subsection, the site shall be surrounded by a seventy-five-foot buffer yard, and a fence or wall at least six feet in height shall be provided along all exterior lot lines that are within 250 feet of an area of excavation and provide with screening of not less than one-hundred-percent opacity. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.

(3) In addition to any requirements in Article VIII of this chapter and/or Chapter 260, relating to subdivision and land development, all access drives serving the site shall have a paved minimum thirty-five-foot wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

(4) Warning signs shall be placed at intervals of not less than 100 feet along all exterior lot lines that are within 250 feet of an area of excavation.

(5) Any new operation or expansion of an existing mineral extraction establishment shall not be approved by the Township until a soil erosion and sedimentation control plan has been prepared, and found to be satisfactory by the County Conservation District.

(6) A copy of all site plan information required by the state DEP shall also be submitted to the Township as part of the application.

(7) A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Township.

(8) After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state to enable some productive or beneficial future use.

D. Solid waste transfer. Solid waste transfer facilities are permitted, subject to the following criteria:

(1) All materials stored outside shall be set back at least:

(a) One hundred feet from any abutting front lot line and/or street right-of-way line;

(b) One hundred feet from any abutting side lot line;

(c) Fifty feet from any abutting rear lot line; and

(d) Two hundred feet from any adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(2) No materials of any kind shall be stored in a required front, side, or rear setback. All unpaved setbacks shall be covered with grass or similar vegetative material and shall at all times be kept clean, vacant and well maintained.

(3) In addition to screening and buffering requirements set forth in Article VII of this chapter relating to buffer and screening regulations, all materials and activities not within completely enclosed buildings shall be surrounded by a fence or wall at least six feet in height with screening of not less than 100%. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation. Township emergency personnel shall be provided with keys for all service gates.

(4) No material shall be placed in any establishment in such a manner that it is capable of being transferred off the premises by wind, water, or other natural causes. All paper, cloth, rags and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed building.

(5) All materials shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and no junk, scrap, machinery or equipment shall be piled to a height greater than 10 feet.

(6) No material may be stored or stacked so that it is visible from abutting properties or adjoining street rights-of-way.

(7) No material shall be burned or incinerated at any time.

(8) No solid waste transfer facility shall be located on land with a slope in excess of 5%.[1]

[1] Editor’s Note: Former Subsection E, Warehousing, distribution and wholesaling, which immediately followed this subsection, was repealed 10-30-2017 by Ord. No. 2017-3.

§ 300-73 Additional supplemental standards and requirements for specific principal nonresidential institutional/civic uses.

A. Animal rescue shelter. Animal rescue shelters are permitted, subject to the following criteria:

(1) Unless animals are kept inside at all times, all structures and areas where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls, and runways shall be located within the rear yard, and shall be a minimum of:

(a) Special yard and setback requirements. All animal shelters, buildings, outdoor stalls and/or runways shall be set back from the lot line at least 300 feet.

(b) The Zoning Hearing Board may, as a special exception, however, reduce the above special yard and setback requirements where it is shown that, because of nature of the operation, design and construction of the structures proposed to accommodate animals, relating prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from noise, odor, dust, or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special yard and setback requirement to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.

(c) Otherwise, the setback requirements of the applicable zoning district shall apply.

(2) All areas utilized for outdoor exercise of animals and outdoor stalls and/or runways to which animals have access shall be completely enclosed by a six-foot-high fence to prevent the escape of animals.

(3) No animals shall be permitted to use outdoor exercise areas or outdoor stalls and/or runs that are located within 300 feet of a lot line between the hours of 8:00 p.m. to 8:00 a.m.

(4) All other areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals, and set back a minimum of 10 feet from all lot lines.

(5) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 260, relating to subdivision and land development, and approved by the Township Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way, and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in Article VII of this chapter relating to performance standards for all uses.

B. Cemetery. Cemeteries are permitted, subject to the following criteria:

(1) The total impervious lot coverage shall not exceed 10% of the lot area.

(2) All burial plots and all structures shall be located at least 25 feet from any lot line or street right-of-way line.

(3) No burial plot shall be permitted in any floodway or flood fringe as provided for in Article VI of this chapter relating to Floodplain Overlay Zoning District (FPO), and Chapter 151, relating to floodplains.

(4) Where permitted, any materials not within completely enclosed buildings shall, in addition to the requirements set forth in Article VII of this chapter, relating to buffer and screening regulations, be surrounded by a fence or wall at least six feet in height, and provided with screening of not less than eighty-percent opacity.

(5) The owner(s) and operator(s) of a cemetery shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

(6) At no time shall a corpse be exposed or visible from a public right-of-way or adjacent property.

(7) Any escrow account provided for by state or federal law shall be established in favor of the Township.

C. Clubhouse or lodge, private. Private clubhouses and lodges are permitted, subject to the following criteria:

(1) Where permitted, all outdoor recreation and activity areas shall be set back at least 100 feet from any lot line.

D. Continuing care retirement community. Continuing care retirement community facilities are permitted, subject to the following criteria:

(1) Whenever a party or parties seeks to establish a continuing care retirement facility, the party or parties shall file a detailed statement of intent with the Township describing the proposed use and development of the lot. Such statement shall detail the proposed number and nature of the anticipated occupants and uses. The statement shall identify how said use satisfies a demonstrated need and how it will be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

(2) The continuing care retirement community facility is designed primarily for persons aged 55 and over.

(3) The continuing care retirement community facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration of the residents of the continuing care retirement community facility.

(4) The following uses shall be permitted as principal uses within a continuing care retirement community facility:

(a) Residential uses:

[1] Single-family attached dwellings.

[2] Single-family detached dwellings.

[3] Single-family semidetached dwellings.

[4] Two-family detached dwellings.

[5] Multifamily dwellings.

(b) Institutional/civic uses:

[1] Parks, and other outdoor noncommercial recreational uses.

[2] Libraries and community activity buildings.

[3] Indoor recreation uses and structures.

[4] Post office.

[5] Places of worship.

[6] Long-term care nursing.

[7] Personal care centers.

(5) The following uses shall be permitted as accessory uses in the continuing care retirement community facility for the use of residents and guests:

(a) Accessory uses:

[1] Day care;

[2] Medical offices and clinics;

[3] Common dining facilities;

[4] Indoor recreation;

[5] Banks;

[6] Food services;

[7] Retail businesses;

[8] Personal services; and

[9] Restaurants (no-drive in or drive-through facilities).

(b) Each accessory use shall be located in a building occupied by residential uses or in a community activities building.

(c) Each accessory commercial use shall not exceed 2,500 square feet of net floor area.

(d) The total area reserved of accessory commercial uses shall not exceed 4% of the total gross land area of the original tract/lot, or no more than 25,000 square feet, whichever is less.

(6) In addition the standards set forth in this subsection, all continuing care retirement community facilities shall comply with the applicable density, lot area, and all other area and design requirements for applicable use in the applicable zoning district.

(a) Maximum impervious lot coverage shall be 60%.

(b) Minimum vegetative coverage shall be 30%.

(c) No building shall be within 25 feet of the lot or property line of the continuing care retirement community facility, or within 35 feet of a public street right-of-way.

(d) In instances where there is more than one building on a single lot, the following minimum building separation requirements shall apply:

[1] Front to front: 70 feet.

[2] Front to side: 50 feet.

[3] Front to rear: 40 feet.

[4] Side to rear: 20 feet.

[5] Side to side: 15 feet.

[6] Rear to rear: 30 feet.

[7] Corner to corner: 20 feet.

(7) In addition to the information required to be submitted in Article XII of this chapter, relating to applications for zoning permits, applications for continuing care retirement community facilities shall also include:

(a) A phasing plan and schedule for implementation; and

(b) Declaration of covenants and restrictions pertaining to the maintenance of all shared and common development improvement facilities, including but not limited to: private streets, parking compounds, loading areas, access drives, sidewalks, walkways, trails, landscaping, easements, stormwater management facilities, and common areas and shall be in a recordable form approved by the Township and recorded in the York County Recorder of Deeds. In the event the property(ies) and/or use(s) undergo change of ownership, the agreement shall be updated to reflect current owner(s) of the uses and the properties. No agreement shall be terminable by any party except upon cessation of the use(s).

E. Day care, commercial. Commercial day cares are permitted, subject to the following criteria:

(1) An outdoor play area for children shall be provided. Off-street parking lots and areas shall not be used as outdoor play areas. Outdoor play areas shall not be located in the front yard between the principal building and the public street right-of-way (excluding alleys). All outdoor play areas shall be provided with a means of shade, such as a shade tree(s) or pavilion(s). Any vegetative materials located within outdoor play areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.).

(a) Additionally, outdoor play areas shall be located at least 20 feet from any abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts, provided with fence of at least four feet in height, and screened in accordance with Article VII of this chapter relating to buffer and screening regulations. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.

F. Group care. Group care facilities are permitted, subject to the following criteria:

(1) Whenever a party or parties seeks to occupy a dwelling or other building as a group care facility, the party or parties shall file a detailed statement of intent with the Township describing the proposed use of the dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. The statement shall identify how said use satisfies a demonstrated need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

(2) No portion of a group-care facility shall be located within 500 feet of the furthest extent of another group-care facility, group home, halfway house, and/or treatment center.

(3) A group-care facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the group-care facility.

(4) Under no circumstances shall any uses qualifying for or falling under the definition of a "halfway house" or "treatment center" be considered a group-care facility.

G. Hospital. Hospitals are permitted, subject to the following criteria:

(1) Emergency entrances shall not be located or oriented directly toward any adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

H. Long-term-care nursing or personal care. Long-term-care nursing facilities or personal care facilities are permitted, subject to the following criteria:

(1) Whenever a party or parties seeks to establish a long-term-care nursing facility or personal care facility on a lot or occupy a dwelling or other building as a long-term-care nursing home or personal care facility, the party or parties shall file a detailed statement of intent with the Township describing the proposed use and development of the lot or dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. The statement shall identify how said use satisfies a demonstrated need and shall be conducted in a responsible manner without detriment to surrounding properties and neighborhood.

(2) In addition to residential units (living and sleeping quarters with or without kitchen facilities), the following accessory uses may be provided for the use of residents and their guests:

(a) Medical offices and clinics;

(b) Common dining facilities;

(c) Community gardens;

(d) Parks and other noncommercial recreational uses;

(e) Indoor recreation uses;

(f) Day care;

(g) Bank;

(h) Retail business;

(i) Food services;

(j) Personal services; and

(k) Place of worship.

(3) In instances where there is more than one building on a single lot, the following minimum building separation requirements shall apply:

(a) Front to front: 70 feet.

(b) Front to side: 50 feet.

(c) Front to rear: 40 feet.

(d) Side to rear: 20 feet.

(e) Side to side: 15 feet.

(f) Rear to rear: 30 feet.

(g) Corner to corner: 20 feet.

(4) Minimum vegetative coverage shall be 35%.

(5) A long-term-care nursing facility or personal care facility shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the long-term-care nursing facility or personal care facility.

I. Public/private utility. Public/private utility facilities are permitted, subject to the following criteria:

(1) The applicant shall demonstrate that the selected location is necessary for public service and the use cannot be supplied if located elsewhere.

(2) In the RL, RS, RMU, VR, and/or VMU Zoning Districts, any permitted public utility building shall maintain an exterior appearance that resembles and is compatible with any existing dwellings and buildings in the neighborhood, and building height and setbacks shall be consistent with surrounding development in the neighborhood. In all other zoning districts, all building height, area/footprint, setback, and impervious lot coverage standards within the applicable zoning district shall apply.

(3) In the RL, RS, RMU, VR, and/or VMU Zoning Districts, the outdoor storage of vehicles, materials, and equipment shall not be permitted.

(4) Principal buildings and structures shall be set back a minimum of 50 feet from any abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

J. Treatment center. Treatment centers are permitted, subject to the following criteria:

(1) A treatment center shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the treatment center.

(2) A common cooking and eating area shall be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

(3) The residents of the treatment center shall reside on the premises.

(4) No portion of a treatment center shall be located within 500 feet of the furthest extent of another treatment center, group home, group-care facility, and/or halfway house.

(5) No portion of a building occupied by a treatment center use shall be located within 500 feet of any property which contains any one or more of the following specified land uses where minors may congregate:

(a) Commercial recreation, indoor/outdoor;

(b) Day care, primarily for children;

(c) Library;

(d) Park, playground, playfield;

(e) Place of worship;

(f) School, private/public;

(g) Swimming pool, public; or

(h) Other lands, buildings, and uses where minors congregate.

(6) Each application shall be accompanied by a statement describing the following:

(a) The composition of the treatment center;

(b) The policies and goals of the treatment center and the means proposed to accomplish those goals;

(c) The characteristics of the residents and number of residents to be served;

(d) The operating methods and procedures to be used; and

(e) Any other facts relevant to the proposed operation of the treatment center.

K. Municipal-owned uses. Municipal-owned uses are permitted in all zoning districts, subject to the following:

[Added 10-30-2017 by Ord. No. 2017-3]

(1) Where a municipal-owned use is proposed for a lot or lots, the applicable area and design requirements shall apply; provided, however, that in the event a licensed engineer or design professional certifies to the Zoning Officer, in writing, that one or more of the area and design requirements cannot be met due to sound engineering, design or planning principles, the applicable area or design requirement(s) may be modified (increased or decreased, as the case may be) by the Zoning Officer to up to a maximum of two times the requirement(s). For example, if a minimum front setback is 100 feet and a licensed engineer certifies that due to sound design principles, a proposed municipal-owned use cannot meet the one-hundred-foot front setback, the Zoning Officer may reduce the minimum front yard setback up to 50 feet.

§ 300-74 Additional supplemental standards and requirements for specific principal nonresidential forestry/agricultural uses.

A. Agribusiness. Agribusinesses are permitted, subject to the following criteria:

(1) The following setbacks shall be required:

(a) Dwellings and residential accessory uses and structures shall comply with the residential area and design requirements of the applicable zoning district, and except for fences and the special setback requirements set forth in Subsection A(1)(b) below, all structures shall be set back a minimum of 50 feet from any lot line.

(b) Special setback requirements. Slaughter areas and buildings and areas used in the housing and raising of livestock shall be set back a minimum of 300 feet from any adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts. The special setback requirements may be reduced by special exception, where the applicant demonstrates that because of nature of the agricultural operation, prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect abutting lands from odor, dust, or other hazards; or that the agricultural operation is in accordance with the Pennsylvania Right-to-Farm Law.[1] In no case, however, shall the special setback requirements be reduced to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.

[1] Editor's Note: See 3 P.S. § 951 et seq.

(c) Any manure storage facility shall be located in accordance with the building/structure setback requirements established by Act 38 of 2005, known as ACRE.[2]

[2] Editor's Note: See 3 Pa.C.S.A. § 311 et seq.

(2) The maximum height of any agribusiness structure shall be 150 feet, provided each structure is set back a distance at least equal to its height from all property lines.

(3) The applicant shall demonstrate that the methods of disposing of dead animals are in strict compliance with applicable standards established by PA DEP. Dead turkeys, chickens, or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.

(4) The applicant shall demonstrate that the agricultural operation allows for the safe and efficient movement of all vehicles associated with the operation.

(5) All areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals and set back a minimum of 10 feet from all lot lines.

(6) A land development plan shall be submitted to, and approved by, the Township in accordance with the requirements of Chapter 260, relating to subdivision and land development.

(7) Where agribusiness operations which require a nutrient management plan in accordance with Act 38 of 2005, known as ACRE, and all current regulations, the applicant shall demonstrate that such plan has been prepared and submitted to the County Conservation District for review prior to the hearing for approval. Further, the applicant shall demonstrate that such plan has been approved by the County Conservation District prior to the issuance of the zoning permit.

B. Agricultural operation. Agricultural operations are permitted, subject to the following criteria:

(1) The raising and/or keeping of livestock and poultry shall only be permitted in the RL Zoning District.

(a) All areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals, and set back a minimum of 10 feet from all lot lines.

(b) The applicant shall demonstrate that the methods of disposing of dead animals are in strict compliance with applicable standards established by PA DEP. Dead turkeys, chickens, or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.

(2) The following setbacks shall be required:

(a) Dwellings and residential accessory uses and structures which shall comply with the residential area and design requirements of the applicable zoning district, and except for fences and the special setback requirements set forth in Subsection B(2)(b) below, all structures shall be set back a minimum of 50 feet from any lot line.

(b) Special setback requirements. Slaughter areas and buildings and areas used in the housing and raising of livestock shall be set back a minimum of 300 feet from any adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts. The special setback requirements may be reduced by special exception, where the applicant demonstrates that because of nature of the agricultural operation, prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect abutting lands from odor, dust, or other hazards; or that the agricultural operation is in accordance with the Pennsylvania Right-to-Farm Law. In no case, however, shall the special setback requirements be reduced to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.

(c) Any manure storage facility shall be located in accordance with the building/structure setback requirements established by Act 38 of 2005, known as ACRE.[3]

[3] Editor's Note: See 3 Pa.C.S.A. § 311 et seq.

(3) The maximum height of any agricultural operation structure shall be 150 feet provided each structure is set back a distance at least equal to its height from all property lines.

(4) Maximum impervious lot coverage shall be 20%.

(5) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 260, relating to subdivision and land development, and approved by the Township Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way, and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in Article VII of this chapter, relating to performance standards for all uses.

C. Agricultural support business. Agricultural support businesses are permitted, subject to the following criteria:

(1) Agricultural support businesses may involve a limited range of commercial uses, such as:

(a) Farming and agricultural equipment and other similar large or heavy-duty motor vehicle rentals/sales, repair/service, washing and/or fuel/gas sales;

(b) Blacksmith shops/farriers;

(c) Butcher shops;

(d) Grain mills;

(e) Processing of locally produced agricultural products;

(f) Feed and farm supply stores and distributors;

(g) Composting and other farm waste storage facilities;

(h) Warehousing, distribution, and wholesaling of farm products, supplies or equipment; and

(i) Outside display and sales of agricultural-related equipment; as long as it is directed at providing goods, materials, and services needed to farm and for agricultural operations and agribusinesses, rather than the distribution of goods produced on the farm, agricultural operation, and agribusiness.

(2) Any structure or use permitted as an agricultural support business shall comply with the area and design requirements for agricultural operations in the RL Zoning District. Otherwise, all uses shall comply with such other applicable standards set forth elsewhere in this chapter, including screening, buffering, parking, loading, etc., except that:

(a) Maximum impervious lot coverage shall be 40%.

D. Community garden. Community gardens are permitted, subject to the following criteria:

(1) The following shall be permitted as part of a community garden:

(a) Greenhouses, hoop houses, cold frames, and similar structures used to extend the growing season.

(b) Open space associated with and intended for use as garden areas.

(c) Signs limited to identification, information and directional signs, including sponsorship information, where the sponsorship information is clearly secondary to other permitted information on any particular sign.

(d) Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, chicken coops (limited to RL Zoning District), beehives (limited to RL Zoning District), and children's play areas.

(e) Buildings, limited to tool or utility/storage sheds, shade pavilions, barns, rest room facilities with composting toilets, and planting preparation houses.

(f) Off-street parking and walkways.

(g) Uses and structures shall be developed and maintained in accordance with the following regulations:

[1] Location. All buildings shall be subject to the applicable setback requirements specified within the applicable zoning district, except that all buildings housing animals shall be set back a minimum of 50 feet from any lot line.

[2] Height. No building or other structure shall be greater than 25 feet in height.

[3] Building footprint. The combined area of all buildings, excluding greenhouses and hoop houses, shall not exceed 15% of the garden site lot area.

[4] Parking and walkways. Off-street parking shall be required only for those garden sites exceeding 15,000 square feet in lot area. In addition to the parking reduction and alternative accommodations (especially for drainage, surface, and maintenance) and provided for in Article VIII of this chapter relating to parking reductions and alterations, such parking shall be limited in size to 10% of the garden site lot area and shall be shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 260, relating to subdivision and land development, or any other construction materials specifications adopted by the Township, and approved by the Township Engineer. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities.

[5] Signs. Signs shall not exceed four square feet in area per side and shall not exceed four feet in height, and shall otherwise comply with Article VIII of this chapter.

[6] Seasonal farm stands. Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.

(2) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 260, relating to subdivision and land development, and approved by the Township Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way, and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in Article VII of this chapter, relating to performance standards for all uses.

E. Forestry (commercial timber harvesting). Forestry or commercial timber harvesting operations where the value of the trees, logs, or other timber products removed exceeds $1,000, but excluding the cutting of trees for the personal use of the landowner or for pre-commercial timber stand improvement are permitted, subject to the following criteria:

(1) All forestry and commercial timber harvesting operations shall comply with the following:

(a) Timber harvesting practices shall protect nearby structures and utility lines.

(b) Felling or skidding on or across any public street right-of-way is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for maintenance of the public street.

(c) No tops or slash shall be left within 25 feet of any public or private street right-of-way (or easement, as applicable) providing access to abutting residential property.

(d) All tops and slash shall be lopped to a maximum height of four feet above the ground in the following circumstances:

[1] Between 25 feet and 50 feet from a public or private street right-of-way (or easement, as applicable) providing access to adjacent residential property; and

[2] Within 50 feet of an abutting residential property.

(e) No tops or slash shall be left on or across any property line of any abutting property without the consent of the owner thereof.

(f) Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

(2) All applications for timber harvesting shall include the information required for approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation. This written notification shall also specify any roads affected, dates of effect, plans to restore any damages to roads and contact information for the logging operations submitted to owners abutting the street right-of-way used to access the logging site.

(3) Preparation of a logging plan. Every landowner on whose land timber harvesting is to occur shall prepare and submit a written logging plan as set forth in this subsection, and shall submit the logging plan as part of the information required for approval pursuant to Article XII of this chapter relating to applications for zoning permits. The provisions of this plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request.

(4) Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

(5) Contents of the logging plan.

(a) As a minimum, the logging plan shall include the following:

[1] Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.

[2] Design, construction and maintenance of water control measures and structures such as culverts, broad-based clips, filter strips and water bars.

[3] Design, construction and maintenance of stream and wetland crossings.

[4] The general location of the proposed operation in relation to Township streets and state highways, including any accesses to those streets and highways.

(b) Each logging plan shall include a site map containing the following information:

[1] Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.

[2] Significant topographic features related to potential environmental problems.

[3] Location of all earth disturbance activities such as roads, landings and water control measures and structures.

[4] Location of all crossing of waters of the commonwealth.

[5] The general location of the proposed operation to Township streets and state highways, including any accesses to those streets and highways.

(6) Compliance with state laws and regulations. The logging plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not, limited to, the following:

(a) Soil erosion and sedimentation control regulations and standards of the County Conservation District and/or PA DEP requirements.

(b) Stream crossing and wetlands protection regulations of PA DEP and/or the U.S. Army Corps of Engineers.

(7) Relationship of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. A soil erosion and sedimentation control plan that satisfies the requirements of Section 25 of the Pennsylvania Code, Chapter 102, shall also satisfy the minimum requirements for the logging plan and associated site map, provided that all information required by these subsections is included or attached.

(8) Responsibility for road maintenance and repair; road bonding. The landowner and/or the operator shall be responsible for repairing any damage to Township streets caused by traffic associated with the timber harvest operation pursuant to the provisions of Section 67 of the Pennsylvania Code, Chapter 189, hauling in excess of posted weight limit. The Township may require the landowner and/or operator to furnish a bond to guarantee the repair of any such damage, pursuant to the said provisions of the Pennsylvania Code.

F. Riding school and boarding stable. Riding schools and boarding stables are permitted, subject to the following criteria:

(1) Unless animals are kept inside at all times, all structures and areas where animals are kept that are not completely enclosed, and also including any outdoor animal pens, stalls, and runways shall be located within the rear yard, and shall be a minimum of:

(a) Special yard and setback requirements. All animal shelters, buildings, outdoor stalls and/or runways shall be set back from the lot line at least 300 feet.

(b) The Zoning Hearing Board may, as a special exception, however, reduce the above special yard and setback requirements where it is shown that, because of nature of the operation, design and construction of the structures proposed to accommodate animals, relating prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from noise, odor, dust, or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special yard and setback requirement to less than 75 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.

(c) Otherwise, the setback requirements of the applicable zoning district shall apply.

(2) All other areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals, and set back a minimum of 10 feet from all lot lines.

(3) The applicant shall demonstrate environmental impacts that are likely to be generated by surface water and stormwater runoff and specific measures employed to mitigate or eliminate any negative impacts, in accordance with Chapter 260, relating to subdivision and land development, and approved by the Township Engineer. At a minimum, surface water and stormwater runoff from the site shall be diverted away from adjacent properties and public rights-of-way, and shall not contaminate downstream watercourses. The applicant also shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in Article VII of this chapter, relating to performance standards for all uses.

§ 300-75 Additional supplemental standards and requirements for specific principal nonresidential miscellaneous uses.

A. Adaptive reuse of an existing agricultural building. Adaptive reuse of an existing agricultural buildings are permitted, subject to the following criteria:

(1) Adaptive reuse of an existing agricultural building may involve a use permitted in the RL Zoning District, as well as a limited range of uses that otherwise are not permitted in the RL Zoning District, such as:

(a) Apartment conversion (not more than four) dwelling units;

(b) Commercial recreation, indoor;

(c) Mini-storage warehouse;

(d) Office, business and professional and medical;

(e) Personal services;

(f) Restaurant;

(g) Retail business;

(h) School, commercial;

(i) School, vocational;

(j) Tavern/bar;

(k) Theater, indoor;

(l) Therapeutic massage business;

(m) Warehouse;

(n) Community center;

(o) Day care, commercial;

(p) Library;

(q) Museum;

(r) University/college;

(s) Outdoor cafe/dining; and as long as it remains and compatible with the existing agricultural building.

(2) The agricultural building shall have existed on the effective date of this chapter.

(3) Except for setbacks and building heights, any structure permitted as an adaptive reuse of an existing agricultural building shall comply with the area and design requirements for single-family detached dwellings in the RL Zoning District. All uses shall comply with such other applicable standards for the specific uses set forth in this Article X of this chapter, unless such standards are not applicable due to the presence and nature of conditions and circumstances of the existing agricultural building.

(4) Otherwise, all uses shall comply with such other applicable standards set forth elsewhere in this chapter, including screening, buffering, parking, etc.

(5) Any structure permitted as an adaptive reuse of an existing agricultural building shall maintain an exterior appearance that resembles and is compatible with any existing agricultural building on the lot and in the neighborhood. No modifications to the external appearance of the agricultural building (except fire and safety requirements) which would alter its agricultural character shall be permitted.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(6) Fire escapes, where required, shall be located in the rear or side (in order of preference) of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.

(7) All parking, loading, and outdoor storage areas shall be provided with screening not less than eighty-percent opacity in accordance with Article VII of this chapter, relating to buffer and screening regulations:

(a) Parking and loading areas shall be located to the side or rear (behind) of the agricultural building being adaptively reused; and

(b) Outdoor storage of goods and materials shall be located to the rear (behind) the agricultural building being adaptively reused.

B. Billboards. Billboards are permitted, subject to the criteria in Article IX of this chapter relating to outdoor advertising structures, billboard, and poster panels.

C. Solar energy production. Solar energy production facilities are permitted, subject to the following criteria:

(1) The design and installation of solar energy production facilities shall conform to Chapter 113, relating to code enforcement, Uniform Construction Code, and with all other applicable Township electrical, fire, life safety, and other similar standards.

(2) The design and installation of solar energy production facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer specifications shall be submitted as part of the application.

(3) All solar energy production facilities shall be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

(4) All solar energy production facilities shall be designed and located to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.

(5) All on-site utility and transmission lines as part of the solar energy production facilities shall be placed underground.

(6) All solar energy production facilities shall be inconspicuously sited when viewed from adjacent street rights-of-way.

(7) All solar energy production facilities shall be sited so that tree removal is not required. If any trees are to be removed, the applicant shall submit a plan demonstrating the need to remove trees and replacement of the trees.

(8) Roof- and wall-mounted solar energy production facilities shall be sited in accordance with the following:

(a) Solar energy production facilities located on the roof of any structure shall not extend beyond the existing overhangs of the structure's roof.

(b) Solar energy production facilities located on a pitched roof of any structure shall not extend vertically above the highest point (peak) of the pitched roof of the structure, as viewed from the lot line.

(c) Solar energy production facilities located on a roof of any structure shall be the same slope as, or parallel to the pitched roof.

(d) Solar energy production facilities located on a flat roof shall not exceed 15 feet in height above the height of the roof. In the RL Zoning District, such facilities shall be screened by parapets, walls, fences, or other approved means as viewed from the lot line.

(e) All solar energy production facilities mounted on roofs and walls of any structure shall be subject to the maximum height regulations specified within the applicable zoning district.

(f) No solar energy production facilities shall be attached to, nor otherwise sited along the front facade (wall) or front building line of any principal building.

(g) Solar energy production facilities located on a wall of any structure shall not extend more than two feet into any required setback.

(9) Freestanding, ground-mounted solar energy production facilities shall be provided in accordance with the following:

(a) All freestanding, ground-mounted solar energy production facilities shall comply with the front, side, and rear yard requirements in the applicable zoning district.

(b) All freestanding, ground-mounted solar energy production facilities shall be subject to the maximum height regulations specified within the applicable zoning district.

(c) For all freestanding, ground-mounted solar energy production facilities, the following components of a shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the applicable zoning district:

[1] Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

[2] All mechanical equipment of freestanding, ground-mounted solar energy production facilities including any buildings, and structure for batteries or storage cells.

[3] Gravel or paved access drives accessing and servicing the site.

(d) In addition to requirements set forth in Article VII of this chapter relating to buffer and screening regulations, all freestanding ground-mounted solar energy production facilities shall:

[1] Be surrounded by a fence or wall at least six feet in height and not more than eight feet;

[2] Contain at all entrances gates which shall be locked, except during such times as the site is manned by authorized operations or maintenance personnel; and

[3] Be provided with screening of not less than ninety-percent opacity in accordance with Article VII of this chapter relating to buffer and screening regulations.

(10) All applications for solar energy production facilities shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:

(a) A completed glare study ensuring that reflective glare is not directed towards nor upon any adjacent properties as well as any adjacent street rights-of-way. The glare study shall include:

[1] Angle of the solar energy production facility panels, arrays, cells, etc. at the location;

[2] A diagram showing the maximum and minimum angles of reflective glare from the solar energy production facilities panels, arrays, cells, etc. at the location and the relationship of that glare to adjacent properties, structures and rights-of-way; and

[3] Mitigation plan that limits or eliminates reflective glare on adjacent properties, structures, and rights-of-way.

(b) Certification from a professional engineer registered by the Commonwealth of Pennsylvania that the proposed installation of solar energy production facilities will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy production facilities, and applicable requirements of Chapter 113 relating to code enforcement, Uniform Construction Code; and

(c) Prior to the issuance of a permit for the installation of a solar energy production facility, the applicant shall provide the Zoning Officer with written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection.

D. Telecommunication signal site. Telecommunication signal facilities are permitted, subject to the following criteria:

(1) Permitted by right. A telecommunication signal site with antenna that is attached to a preexisting communications antenna structure, smoke stack, water tower or any other structure is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 25 feet. If the antenna is to be mounted on a preexisting structure, a full site plan shall not be required.

(2) Permitted by special exception. Except for the RS and VR Zoning Districts where telecommunication signal sites are prohibited, a telecommunication signal site with antenna that is either not mounted on an existing structure or is more than 25 feet higher than the structure on which it is mounted is permitted in all zoning districts. In addition to the standards for all telecommunication antenna in this subsection, the following standards shall apply for telecommunication signal sites by special exception:

(a) The telecommunication applicant is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.

(b) If the telecommunication applicant proposes to build an antenna support structure (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other telecommunication companies, other communications antenna support structure (fire, police, etc.) and other tall structures. If the applicant has not made a good faith effort to mount the antenna on an existing structure, the application to construct a new tower may be denied.

(3) Standards of approval of all telecommunication antennas.

(a) The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

(b) If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distances between the base of the support structure or any guy-wire anchors and any property line or right-of-way line shall be the largest of the following:

[1] Thirty percent of antenna height.

[2] The minimum front yard setback in the applicable zoning district.

[3] Forty feet in height.

(c) The applicant shall demonstrate that the proposed antenna and support are safe and that the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris. The applicant shall also demonstrate that electromagnetic fields and radio frequency interferences comply with Federal Communication Commission (FCC) regulations concerning such emissions. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers. The applicant shall submit evidence that the antenna support structure or an antenna addition to an existing antenna support structure or structure and its method of installation has been designed by a civil or structural engineer registered in the Commonwealth of Pennsylvania and is certified by that engineer to be structurally sound and able to withstand wind and other loads in accordance with Chapter 113 relating to code enforcement, Uniform Construction Code.

(d) Screening and fencing.

[1] In addition to the requirements set forth in Article VII of this chapter relating to buffer and screening regulations, the support structure and any other ground level features (such as a building) shall:

[a] Be surrounded by a fence or wall at least six feet in height and not more than eight feet;

[b] Not contain openings greater than nine square inches;

[c] Contain at all entrances, gates which shall be locked, except during such times as the site is manned by authorized operations or maintenance personnel; and

[d] Be provided with screening of not less than ninety-percent opacity in accordance with Article VII of this chapter relating to buffer and screening regulations.

[2] If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, screening shall not be required.

(e) In order to reduce the number of antenna support structures in the community in the future, the proposed support structure shall be required to accommodate other users, including other telecommunication companies and local police, fire and ambulance companies.

(f) The telecommunication company shall demonstrate that it is licensed by the FCC.

(g) Antenna support structures under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up the height of nearby trees. Support structures 200 feet in height or taller shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structure may be artificially lighted, except when required by the FAA.

(h) The owner of any communications antenna support structure shall be required to conduct periodic inspections of the antenna support structure to ensure structural integrity. Such inspections will be required as follows:

[1] Monopole towers: at least once every 10 years.

[2] Self-supporting towers: at least once every five years.

[3] Guyed towers: at least once every three years.

Inspections shall be conducted by an engineer licensed by the Commonwealth of Pennsylvania. The cost of the inspection shall be borne by the antenna support structure owner. The result of the inspection shall be provided to the Township. Based upon the results of the inspection, the Township may require repair or removal of the communications antenna support structure.

(i) A full site plan shall be required for all showing the antenna, antenna support structure, building, fencing, screening/buffering, and lot access of the subject property that are located within a distance equal to two times the total height of the antenna support structure, from the antenna support structure location, as well as all other requirements of the Chapter 260 relating to subdivision and land development. The site plan shall not be required if the antenna is to be mounted on an existing structure.

E. Wind energy production. Wind energy production facilities are permitted, subject to the following criteria:

(1) The design and installation of wind energy production facilities shall be in strict accordance Chapter 113, relating to code enforcement, Uniform Construction Code, and with all other applicable Township electrical, fire, life safety, and other similar standards.

(2) The design and installation of all wind energy production facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program such as the California Energy Commission, International Electotechnical Commission, or any other wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. The manufacturer specifications shall be submitted as part of the application.

(3) All on-site utility and transmission lines as part of the wind energy production facility shall system shall be placed underground.

(4) All wind turbines shall have a flat finish and nonobtrusive colors such as white, off-white, or gray as applied by the manufacturer in order to reduce the visual impact.

(5) All wind turbine towers shall be painted silver or have a galvanized finish retained in order to reduce the visual impact. Towers may be painted green or brown up the height of nearby trees.

(6) All wind energy production facilities shall be equipped with manual—electronic or mechanical—and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy production facility.

(7) Wind energy production facilities shall not be installed in any location where they would interfere with existing fixed broadcast, retransmission, or reception antenna. This includes interference with residential radio, television, or wireless phone, or other personal communication system reception. No wind energy production facilities shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.

(8) All wind energy production facilities shall be sited to prevent shadow flicker on any adjacent properties as well as any adjacent street rights-of-way.

(9) Noise from wind turbines shall comply with Chapter 187 relating to noise. The maximum decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.

(10) Wind turbines shall be set back a distance equal to the total height of the wind turbine from all property lines, streets and other rights-of-way, and overhead utility lines.

(11) The maximum height of any wind turbine shall be 140 feet.

(12) For all wind energy production facilities, unauthorized access to the turbine and tower shall be prevented by design, with a minimum of 12 feet from the ground to the bottom of the ladder. All doors to the turbine and tower shall be locked.

(13) In addition requirements set forth in Article VII of this chapter relating to buffer and screening regulations, all wind energy production facilities shall:

(a) Be surrounded by a fence or wall at least six feet in height and not more than eight feet;

(b) Contain at all entrances, gates which shall be locked, except during such times as the site is manned by authorized operations or maintenance personnel; and

(c) Be provided with screening of not less than 90% opacity in accordance with Article VII of this chapter relating to buffer and screening regulations.

(14) The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis wind turbine (also referred to as a "helix type" turbine or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.

(15) Wind energy production facilities shall not be lighted, except to comply with applicable Federal Aviation Administration (FAA) regulations.

(16) No portion of any wind energy production facilities shall extend over parking areas, access drives, driveways or sidewalks.

(17) Wind energy production facilities shall not display advertising, except for reasonable identification of the wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.

(18) When an accessory building or structure is necessary for storage cells or related mechanical equipment, the accessory building shall comply with the accessory building and structure requirements specified within the applicable zoning district.

(19) All applications for wind energy production facilities shall include the information required for a site plan approval pursuant to Article XII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:

(a) A plot/site plan showing:

[1] Property lines and physical dimensions of all areas of the subject property that are within a distance equal to two times the total height from the wind energy production system.

[2] Location, dimensions, and types of existing principal and accessory structures on the property.

[3] Location of the proposed wind energy production facilities tower, foundations, guy anchors, and associated equipment.

[4] The rights-of-way of any public street abutting the property.

[5] Any overhead utility lines.

(b) Wind energy production facilities system specifications, including manufacturer and model, rotor diameter, tower height, and tower type—freestanding or guyed.

(c) Certification from a professional engineer registered by the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of Chapter 113 relating to code enforcement, Uniform Construction Code. A copy of the foundation analysis shall also be provided.

(20) Prior to the issuance of a permit for the installation of a wind energy production facility, the applicant shall provide the Zoning Officer with written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection.

§ 300-76 Additional supplemental standards and requirements for specific accessory uses.

A. Accessory apartment. Accessory apartments are permitted, subject to the following criteria:

(1) The principal use of the building and property shall be a single-family detached dwelling.

(2) No more than two total dwelling units shall be permitted per lot.

(3) The accessory apartment dwelling unit shall not be less than 350 and not more than 800 square feet.

(4) The accessory apartment shall have separate kitchen and bathroom facilities, living/sleeping spaces, as well as access to the outside or a common hallway or balcony.

(5) The owner shall reside on the premises. Proof of residency shall be provided.

(6) Accessory apartments within the principal single-family detached building are permitted as long as there shall be no alterations to the exterior appearance of the building and that it continues to resemble and is compatible with any existing dwellings in the neighborhood. No modifications to the external appearance of the principal building, including additional door/wall openings (except fire escapes) which would alter its residential character shall be permitted.

(7) Fire escapes, where required, shall be located in the rear or side (in order of preference) of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.

(8) Accessory apartments in accessory buildings shall not otherwise occupy ground floor, off-street garage floor area/space, thereby displacing required off-street parking spaces provided on the lot.

(9) All new accessory structures constructed for the exclusive use as an accessory apartment shall be designed to have an appearance that is architecturally compatible with the principal building (including design, materials, and colors, and roof pitch).

B. Agri-tainment/agri-tourism. Agri-tainment/agri-tourism uses are permitted, subject to the following criteria:

(1) Agri-tainment/agri-tourism use(s) may involve a wide range of uses, such as: corn mazes; hay rides; petting farms; on-farm tours with demonstrations of farming practices, techniques and methods; and other similar fee-based agricultural-related activities, as long as it is directly related to, remains secondary and clearly incidental to, and is compatible with the active farm, agricultural operation, or agri-business.

(2) Where practicable the agri-tainment/agri-tourism use(s) shall be conducted within an existing agriculture, farm, or other accessory building. All portable structures and signs used as part of the agri-tainment/agri-tourism use(s) shall be removed from the site at the end of the harvesting season, and shall be inconspicuously stored when viewed from adjacent lot lines.

(a) However, any new building constructed for use by the agri-tainment/agri-tourism use(s) shall be located no less than 100 feet from any adjoining street rights-of-way and property lines.

(b) Any new building constructed for use by the agri-tainment/agri-tourism use(s) shall be of a design so that it is compatible with the surrounding buildings and can be readily converted to another permitted use, or removed, if the agri-tainment/agri-tourism use(s) is discontinued.

(3) The sales of goods or merchandise may occur on the premises, limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the agri-tainment/agri-tourism use(s) and directly related thereto.

(4) Activities associated with the agri-tainment/agri-tourism use(s) shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line. A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and other performance standards in accordance with Article VII of this chapter, relating to performance standards for all uses.

(5) All parking, loading, and outdoor storage areas agri-tainment/agri-tourism use(s) shall be provided with screening of not less than eighty-percent opacity in accordance with Article VII of this chapter, relating to buffer and screening regulations:

(a) Parking and loading areas shall be located to the side or rear (behind) of an accessory building containing the agri-tainment/agri-tourism use(s) or other outbuildings used as part of the active farm, agricultural operation, or agri-business; and

(b) Outdoor storage of goods and materials shall be located to the rear (behind) of an accessory building containing the agri-tainment/agri-tourism use(s) or other outbuildings used as part of the active farm, agricultural operation, or agri-business.

(6) No part of agri-tainment/agri-tourism use(s) shall be located within 75 feet of any side or rear lot line, nor 150 feet from an abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(7) Vehicular access to the agri-tainment/agri-tourism uses shall be limited to the same driveway or access drive connection, as applicable with the public street right-of-way that serves the active farm, agricultural operation, or agri-business. No additional roadway connection shall be permitted for the agri-tainment/agri-tourism use(s).

(8) The hours of operation and activities shall be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.

(9) Drive-through uses shall be prohibited.

(10) The agri-tainment/agri-tourism use(s) shall not involve any illegal activity.

C. Automated banking facility. Automated banking facilities are permitted, subject to the following criteria:

(1) Within the RMU and VMU Zoning Districts, drive-through facilities shall be prohibited.

(2) Otherwise, all drive-through automated banking facilities are permitted, subject to the criteria for drive-through uses set forth in this Article X of this chapter, relating to drive-through facility for permitted uses.

D. Bed-and-breakfasts. Bed-and-breakfasts are permitted, subject to the following criteria:

(1) The lot proposed for development shall contain a single-family detached dwelling.

(2) All structures permitted to be bed-and-breakfasts shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

(3) Fire escapes, where required, shall be located in the rear or side (in order of preference) of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.

(4) Accommodations shall be limited to not more than the following:

(a) In the RS Zoning District, the total number of guest bedrooms for rent shall not be more than four.

(b) In the VR and/or RMU Zoning District, the total number of guest bedrooms for rent shall not be more than six.

(c) In the VMU and/or VB Zoning Districts, the total number of guest bedrooms for rent shall not be more than eight.

(d) In the CB and/or AB Zoning District, the total number of guest bedrooms for rent shall not be more than 16.

(5) The owner of the facility or resident manager shall reside upon the premises. Proof of residency shall be provided.

(6) Overnight guests shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.

(7) No cooking facilities shall be provided or permitted in individual guest bedrooms.

(8) Accessory uses, customarily incidental to the use of a bed-and-breakfast, shall be permitted as long as they are permitted accessory and/or principal uses in the applicable zoning district, complement the bed-and-breakfast use, and do not encumber activities of surrounding lots.

E. Community gardens. Community gardens are permitted subject, to the criteria for community gardens set forth in Article X of this chapter, relating to additional supplemental standards and requirements for specific principal nonresidential forestry/agricultural uses - community gardens.

F. Day care, accessory. Accessory day cares are exempted from zoning permit requirements, except that the principal residential dwelling shall comply with all other applicable requirements of this chapter.

G. Day care, family. Family day-care uses are permitted, subject to the following criteria:

(1) All principal structures permitted to be family day-care facilities shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

(2) Fire escapes, where required, shall be located in the rear or side (in order of preference) of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.

(3) An outdoor play area for children shall be provided. Off-street parking lots and areas shall not be used as outdoor play areas. Outdoor play areas shall not be located in the front yard between the principal building and the public street right-of-way (excluding alleys). All outdoor play areas shall be provided with a means of shade, such as a shade tree(s) or pavilion(s). Any vegetative materials located within the outdoor play areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.).

(a) Additionally, outdoor play areas shall be located at least 20 feet from any abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts, provided with a fence of at least four feet in height, and screened in accordance with Article VII of this chapter, relating to buffer and screening regulations. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.

H. Drive-through facility for permitted uses. Drive-through facilities for permitted uses are permitted, subject to the following criteria:

(1) No part of the drive-through facility shall be located within 100 feet of any adjacent property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(2) All drive-through facilities, including intercom, stacking lanes and spaces, and service windows shall be designed and planned to incorporate and be compatible with natural and built features of the site and area.

(3) Drive-through facilities, including intercom, stacking lanes and spaces, and service windows, shall be located along the side or rear faces of the building.

(a) In no event shall the drive-through facility be permitted in the front yard between the principal building and the public street right-of-way (excluding alleys).

(b) Drive-through facility shall be located on a building wall facing away or otherwise oriented, arranged and/or screened to prevent any objectionable noise impact on abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts, in accordance with Article VII of this chapter, relating to performance standards for all uses.

(4) Drive-through facilities, including intercom, stacking lanes and spaces, and service windows, shall not be permitted within any required building setback, yard, nor buffer yard area.

(5) Sufficient stacking facilities for drive-through facilities shall be provided, in accordance with Article VIII of this chapter, relating to stacking standards.

(6) All drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet.

(7) A maximum of two outdoor menu boards are permitted, beyond the signs normally permitted, with a maximum sign area of 40 square feet each, if the words on such signs are not readable from beyond the lot line.

(8) Within the RL, RS, VR, RMU and/or VMU Zoning Districts, drive-through uses shall be prohibited.

I. Farm occupation. Farm occupations are permitted, subject to the following criteria:

(1) Farm occupations may involve a wide range of business uses, as long as it remains secondary and clearly incidental to and compatible with the active farm, agricultural operation, or agri-business.

(2) No more than four nonresidents shall be employed by the farm occupation, and at least one owner of the farm occupation shall be engaged in the farm occupation. Proof of residency shall be provided.

(3) Except as otherwise provided in this subsection, all activities associated with the farm occupation shall take place within completely enclosed buildings. Where practicable, the farm occupation shall be conducted within an existing agriculture, farm, or other accessory building:

(a) However, any new building constructed for use by the farm occupation shall be located no less than 100 feet from any adjoining street rights-of-way and property lines.

(b) Any new building constructed for use by the farm occupation shall be of a design so that it is compatible with the surrounding buildings and can be readily converted to another permitted use, or removed, if the farm occupation is discontinued.

(4) The sales of goods or merchandise may occur on the premises, limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the farm occupation and directly related thereto.

(5) Activities associated with the rural occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line. A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and other performance standards in accordance with Article VII of this chapter, relating to performance standards for all uses.

(6) All parking, loading, and outdoor storage, and outside display and sales areas shall be provided with screening of not less than 80% opacity in accordance with Article VII of this chapter, relating to buffer and screening regulations:

(a) Parking and loading areas shall be located to the side or rear (behind) of the accessory building containing the farm occupation; and

(b) Outdoor storage of goods and materials and any outside display and sales area shall be located to the rear (behind) the accessory building containing the farm occupation.

(7) No part of a farm occupation shall be located within 75 feet of any lot line, nor 150 feet from an abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(8) The land area devoted to the farm occupation shall occupy nor more than two acres of lot area. However, any driveway or access drive, as applicable, serving the farm occupation the active farm, agricultural operation, or agri-business, shall not be calculated as land serving the farm occupation.

(9) No more than 50% of the land area devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, storage/display areas or any other impervious surfaces.

(10) Vehicular access to the farm occupation shall be limited to the same driveway or access drive connection, as applicable with the public street right-of-way that serves the active farm, agricultural operation, or agri-business. No additional roadway connection shall be permitted for the farm occupation.

(11) Farm occupations shall not be conducted in a manner that is perceptible to other residents between the hours of 8:00 p.m. and 8:00 a.m. Otherwise, the hours of operation and activities shall be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.

(12) Drive-through uses shall be prohibited.

(13) The farm occupation shall not involve any illegal activity.

(14) If more than one farm occupation is accessory to the active farm, agricultural operation, or agri-business, the total aggregate impact of the farm occupations shall be considered in determining compliance with this chapter. In any case, no more than four nonresident employees shall be permitted to work on site at one time.

J. Home occupations. Home occupations are permitted, subject to the following criteria:

(1) In the RS and/or VR Zoning District, home occupations may involve a limited range of commercial uses such as: office, business and professional and medical; personal services; craftsman/artisan studio; and food service (excluding direct retail sales of goods to customers/patrons visiting the business and on-site consumption of products); as long as it remains secondary and clearly incidental to and compatible with the residential dwelling.

(2) In all other zoning districts, home occupations may involve the limited range of commercial uses set forth in the underlying or base zoning district, as long as it remains secondary and clearly incidental to and compatible with the residential dwelling.

(3) No more than two nonresidents shall be employed by the home occupation.

(4) The owner of the home occupation shall reside on the premises, and at least one resident shall be engaged in the home occupation. Proof of residency shall be provided.

(5) The home occupation may be located in the principal dwelling unit and/or an accessory building.

(a) Home occupations in accessory buildings shall not otherwise occupy ground floor, off-street garage floor area/space, thereby displacing required off-street parking spaces provided on the lot.

(6) Any permitted home occupation use shall maintain an exterior appearance that resembles and is compatible with any existing dwelling on the lot and in the neighborhood. No modifications to the external appearance of the building used for the home occupation (except fire escapes) which would alter its residential character shall be permitted.

(7) Fire escapes, where required, shall be located in the rear or side (in order of preference) of the building and shall not be located on any wall facing a street right-of-way, excluding alleys.

(8) All business activities shall take place in a completely enclosed building. No outdoor storage, unenclosed storage, or outside display/sales related to the home occupation shall be permitted.

(9) Home occupations shall be limited to not more than 25% of the gross floor area of the principal dwelling unit, or 500 square feet of gross floor area, whichever is less, even if the home occupation is conducted within an accessory building.

(10) No sales of any goods or merchandise shall occur on the premises other than those goods or merchandise which are produced on the premises or are customarily incidental to the accessory home occupation and directly related thereto, such as hair care products by a barber or beautician.

(11) No goods shall be displayed or stored so as to be visible from any property line.

(12) Activities associated with the home occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line. A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and compliance with other performance standards in accordance with Article VII of this chapter, relating to relating to performance standards for all uses, is required.

(13) All parking areas shall be:

(a) Located to the side or rear (behind) of the principal residential dwelling.

(b) Provided with screening of not less than ninety-percent opacity in accordance with Article VII of this chapter, relating to buffer and screening regulations.

(14) The home occupation shall not require delivery or pickup by tractor-trailer trucks.

(15) In the RS and/or VR Zoning Districts, home occupations shall not be conducted in a manner that is perceptible to other residents between the hours of 8:00 p.m. and 8:00 a.m. Otherwise, the hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance, or interruption.

(16) The home occupation shall not involve commercial repair of motor vehicles or similar type equipment, but may include lawn and garden equipment and similar type of equipment.

(17) Drive-through uses shall be prohibited.

(18) The home occupation shall not involve any illegal activity.

K. No-impact home occupation. No-impact home occupations are permitted, subject to the following criteria:

(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2) The business shall employ no employees other than family members residing in the dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including but not limited to, parking, signs, or lights.

(5) The business activity may not use any equipment or process which creates noise, vibrations, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is normally associated with residential use in the neighborhood.

(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8) The business may not involve any illegal activity.

L. Noncommercial keeping of livestock. Noncommercial keeping of livestock are permitted, subject to the following specific criteria:

(1) The minimum required lot area shall be one acre. Additionally, the following list specifies maximum permitted animal density and total number of livestock, by livestock type:

[Amended 1-25-2016 by Ord. No. 2016-1]

(a) Group 1: Livestock whose average adult weight is less than 10 pounds shall be permitted at an animal density of 12 livestock per gross acre, with a maximum number of 50 livestock.

(b) Group 2: Livestock whose average adult weight is greater than or equal to 10 but less than 64.99 pounds shall be permitted at an animal density of two livestock per gross acre, with a maximum number of 20 livestock.

(c) Group 3: Livestock whose average adult weight is greater than 65 pounds shall be permitted at an animal density of one livestock per gross acre, with a maximum number of 10 livestock.

(2) The keeping of a combination of livestock types (Groups 1, 2 and 3) shall require an animal density equal to the ratio of the number of livestock, by type. In no case shall a lot contain more than 50 total livestock.

(3) The following lists minimum setbacks (from all lot lines) imposed upon the placement of any structure used to house noncommercial livestock. Should one structure be used to house a combination of livestock types, the most restrictive setback shall apply:

(a) Group 1: A twenty-five foot setback.

(b) Group 2: A forty-foot setback.

(c) Group 3: A fifty-foot setback.

(4) Structures directly related to and used as part of keeping the noncommercial livestock shall not be permitted in the front yard.

(5) All areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals, and set back a minimum of 10 feet from all lot lines.

(6) All livestock housing structures and all animal wastes shall be properly stored and disposed in accordance with Article VII of this chapter, relating to nonresidential and other uses waste-handling requirements.

(7) Surface water runoff from areas where animals are kept shall be diverted away from adjacent properties and shall not contaminate downstream watercourses. All manure management practices and operations shall comply with the provisions set forth in the Pennsylvania Nutrient Management Act, as amended.[1]

[1] Editor's Note: Said Act was repealed 7-6-2005 by P.L. 112, No. 38. See now 3 Pa.C.S.A. § 501 et seq.

M. Outdoor cafe/dining. Outdoor cafes/dining are permitted, subject to the following criteria:

(1) Outdoor furnishings shall be limited to tables, chairs, umbrellas, benches, trash/recycling-type facilities, outdoor heaters, and reservation podium.

(2) Outdoor furnishings shall be stored in an enclosed facility (which may include fencing) after normal operating hours.

(3) The limits of the outdoor dining area shall be defined. In addition to decorative fencing and landscaping, decorative planters, posts with ropes, and other removable enclosures, as well as reservation podium, are encouraged as a way of defining the area occupied by the outdoor dining area.

(4) Advertising or promotional signage, other than permitted signs in accordance with Article IX of this chapter, shall be limited to umbrellas and canopies.

(5) Outdoor dining shall not impede public sidewalks. Where permission is granted by the entity having jurisdiction over the public right-of-way in which the outdoor dining is proposed, a minimum of six feet of uninterrupted (obstacle-free) pathway can be continuously maintained, public sidewalks may be utilized for outdoor dining areas.

N. Outside display and sales. Outside display and sales are permitted, subject to the following criteria:

(1) To be considered outside display and sales, the goods, material, and merchandise which are being displayed, must be offered for sale to customers. Otherwise, it shall be considered outdoor storage or stockpiling and must comply with outdoor storage and outdoor stockpile provisions set forth in Article VII of this chapter, relating to outdoor storage and outdoor stockpiling.

(2) Except as provided in this subsection, outside display and sales of goods, material, and merchandise shall not occupy any public right-of-way (including public sidewalk areas), setbacks, buffer yards, or required parking and loading areas. In no case shall the location of such outside display and sales areas occur within any area used for pedestrian or vehicular circulation, parking or loading, or emergency vehicle access (e.g., fire lanes).

(a) Within the VMU Zoning District, outside display and sales of goods, material, and merchandise shall be limited to front porches.

(b) In the VB, CB, IB, and/or AB Zoning District, outside display and sales of goods, material, and merchandise may be located within the front yard and front setback.

(3) Where permitted, outside automobile and other similar light-duty motor and passenger vehicles; and/or heavy equipment, boat, mobile/manufactured home, recreational vehicle, truck and other similar large or heavy-duty motor vehicles; or other similar establishments with outside sales/rental inventory/display areas for other similar motor vehicles, abut a street right-of-way, a perimeter landscape strip, a minimum of five feet in width planted with a hedge, masonry wall, and/or other desirable planting of at least two feet in height, along with grass or other living ground cover shall be planted, mulched and maintained on all portions of the perimeter landscape strip, and shall be provided and protected by permanent curbing, or otherwise comply with Article VIII of this chapter.

(4) The location of the outside display and sales shall not interfere with or otherwise obstruct pedestrian and vehicular traffic:

(a) Traveling within a public right-of-way, including sidewalks and streets;

(b) Entering or leaving the lot or adjacent lots (including access drives and driveways); and

(c) Shall be not located within any required clear sight triangle as required in Article VIII of this chapter and Chapter 260, relating to subdivision and land development.

(5) No outside display and sales shall occur on areas with a slope in excess of 15% or within any area designated as the floodway or flood fringe as provided for in Article VI of this chapter, relating Floodplain Overlay Zoning District (FPO) and Chapter 151, relating to floodplains.

(6) In order to prevent dust, erosion, and excessive water flow across streets or abutting property, all areas used for the outside display and sales shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with Chapter 260, relating to subdivision and land development, or any other construction materials specifications adopted by the Township, and approved by the Township Engineer.

(7) Outside display and sales areas shall be kept in an orderly fashion to maintain circulation for emergency response.

(8) No signage, except as authorized by Article IX of this chapter, shall be permitted.

(9) Outside display and sales areas shall be graphically depicted and otherwise indicated upon any required site/plot plan as part of a permit application pursuant to Article XII of this chapter, relating to applications for zoning permits.

O. Outdoor furnace. Outdoor furnaces are permitted, subject to the following criteria:

(1) The design and installation of outdoor furnaces shall conform to the EPA Phase 2 emission standards, other applicable industry standards, and the manufacturer's specifications. The manufacturer's specifications shall be submitted as part of the application.

(2) There shall not be more than one outdoor furnace permitted per lot.

(3) Outdoor furnaces shall not be located in the front yard between the principal building and the public street right-of-way (excluding alleys).

(4) No outdoor furnace shall be located within:

(a) One 150 feet of any front lot line; nor

(b) One hundred feet from any side lot line or rear lot line; nor

(c) Two hundred fifty feet from an abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(5) All on-site utility and transmission lines that are part of the outdoor furnace shall be placed underground.

(6) All outdoor furnaces shall be inconspicuously sited when viewed from adjacent street rights-of-way.

(7) Outdoor furnaces shall have a permanently installed stack that extends at least 12 feet above the ground and is installed according to manufacturer's specifications.

(8) The use of starter fluids such as lighter fluid, gasoline, and other chemicals to ignite an outdoor furnace is prohibited.

(9) Outdoor furnaces shall be equipped with a properly functioning spark arrestor.

(10) Waste associated with outdoor furnaces shall be properly stored and disposed in accordance with Article VII of this chapter, relating to nonresidential and other uses waste-handling requirements.

P. Roadside stand. Roadside stands are permitted, subject to the following criteria:

(1) At least 50% of the products sold at the roadside stand shall be produced on site or on property contiguous to the premises on which they are offered for sale.

(2) There shall not be more than one roadside stand permitted per lot.

(3) Roadside stands and related parking may be located in any required front yard area, provided they are at least 25 feet from any street right-of-way and any lot line.

(4) The maximum floor area of the structure used as a roadside stand shall not exceed 300 square feet.

(5) All portable structures and signs used as part of the roadside stand operation shall be removed from the site at the end of the harvesting season, and shall be inconspicuously stored when viewed from adjacent lot lines.

(6) The maximum number signs permitted on the lot per roadside stand shall be two and shall be attached to the roadside stand, and no sign shall have a sign area larger than five square feet.

Q. Rural occupation. Rural occupations are permitted, subject to the following criteria:

(1) Rural occupations may involve a wide range of business uses, as long as it remains secondary and clearly incidental to and compatible with the single-family detached dwelling on a lot of least five acres.

(2) No more than four nonresidents shall be employed by the rural occupation.

(3) The owner of the rural occupation shall reside on the premises, and at least one resident shall be engaged in the rural occupation. Proof of residency shall be provided.

(4) Except as otherwise provided in this subsection, all activities associated with the rural occupation shall take place within one completely enclosed building. Where practicable, the rural occupation shall be conducted within an existing agriculture, farm, or other accessory building:

(a) However, any new building constructed for use by the rural occupation shall be located to the rear (behind) of the single-family detached dwelling, and shall be no less than 100 feet from any adjoining street rights-of-way and property lines.

(b) Any new building constructed for use by the rural occupation shall be of a design so that it is compatible with the surrounding buildings and can be readily converted to another permitted use, or removed, if the rural occupation is discontinued.

(c) Any new building constructed shall not have a building footprint/coverage larger than the existing single-family detached dwelling.

(5) The sales of goods or merchandise may occur on the premises, limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the rural occupation and directly related thereto.

(6) Activities associated with the rural occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line. A description of the operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, vibration, fire hazards, safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation and compliance with other performance standards in accordance with Article VII of this chapter, relating to performance standards for all uses, is required.

(7) All parking, loading, and outdoor storage, and outside display and sales areas shall be provided with screening of not less than eighty-percent opacity in accordance with Article VII of this chapter, relating to buffer and screening regulations:

(a) Parking and loading areas shall be located to the side or rear (behind) of the accessory building containing the rural occupation; and

(b) Outdoor storage of goods and materials and any outside display and sales area shall be located to the rear (behind) the accessory building containing the rural occupation.

(8) No part of a rural occupation shall be located within 75 feet of any lot line, nor 150 feet from an abutting property in the RS and/or VR Zoning Districts or existing residential use in the RL, RMU and/or VMU Zoning Districts.

(9) The land area devoted to the rural occupation shall occupy nor more than one acre of lot area. However, any driveway serving the rural occupation and the single-family detached dwelling, shall not be calculated as land serving the rural occupation.

(10) No more than 50% of the land area devoted to a rural occupation shall be covered by buildings, structures, parking or loading areas, storage/display areas or any other impervious surfaces.

(11) Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street right-of-way that serves the single-family detached dwelling. No additional roadway connection shall be permitted for the rural occupation.

(12) Rural occupations shall not be conducted in a manner that is perceptible to other residents between the hours of 8:00 p.m. and 8:00 a.m. Otherwise, the hours of operation and activities shall be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.

(13) Drive-through uses shall be prohibited.

(14) The rural occupation shall not involve any illegal activity.