[Ord. 2035, 12/9/2002, § 900; as amended by Ord.
2288, 4/12/2010]
1.
Except as provided by law or in this chapter, in each district no building, structure, or land shall be used or occupied except for the purposes permitted in § 27-906 and for the zoning districts so indicated.
2.
One Building Per Lot or Parcel. Only one primary or main building
may be erected on a single lot or parcel of land in the R-1 (One-Family
District) zoning districts of the Township.
[Ord. 2035, 12/9/2002, § 901; as amended by Ord.
2288, 4/12/2010]
2.
A use listed in § 27-905 may be permitted as a special exception in any district denoted by the letter "S," provided the Zoning Hearing Board authorizes the issuance of a occupancy permit by the Zoning Officer, subject to the requirements of § 27-906 and Part six and such further ordinances as said Board may establish.
3.
A use listed in § 27-905 is permitted as a conditional use in any district denoted by the letter "C," provided the Board of Commissioners, having received recommendations from the Planning Commission, grants the conditional use and authorizes the issuance of an occupancy permit by the Zoning Officer, subject to the expressed standards set forth in § 27-906, and such further conditions that the Board of Commissioners may impose to insure the protection of adjacent uses, or the health, safety, or general welfare.
[Ord. 2035, 12/9/2002, § 902]
Uses permitted by right or as special exceptions or conditional
uses shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area, easements, provisions
for off-street parking and loading, and to such other provisions as
are specified in other Parts hereof.
[Ord. 2035, 12/9/2002, § 903]
1.
Uses similar to those set forth in the following Table of Use Regulations
for each zoning classification shall be permitted by conditional use
when authorized by the Township Board of Commissioners, following
review and recommendation by the Planning Commission. In making such
a determination the Township Board of Commissioners and the Planning
Commission shall consider the following characteristics of the proposed
use:
A.
The impact of the proposed use on the environment and adjacent streets
and properties is equal to or less than any use specifically listed
in the zoning district in terms of the following:
(1)
The number of employees.
(2)
The floor area of the building or gross area of the lot devoted
to the proposed use.
(3)
The type of products, materials and equipment and/or process
involved in the proposed use.
(4)
The magnitude of walk-in trade.
(5)
The traffic and environmental impacts and the ability of the
proposed use to comply with the performance standards of Part 14.
B.
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
C.
The proposed use shall comply with any applicable express standards
and criteria specified in this chapter for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed.
D.
The proposed use shall be consistent with the purpose statement for
the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
[Ord. 2035, 12/9/2002, § 904; as amended by Ord.
2163, 9/12/2005, §§ 1, 4; by Ord. 2179, 2/27/2006,
§ 2; by Ord. 2288, 4/12/2010; and by Ord. 2308, 10/1/2012,
§ 2]
(To be used in conjunction with detailed descriptions in § 27-906, Use Regulations.)
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
[Ord. 2035, 12/9/2002, § 905; as amended by Ord.
2087, 2/10/2003, § 1; by Ord. 2163, 9/12/2005, §§ 1
- 3; by Ord. 2179, 2/27/2006, § 1; by Ord. 2227, 5/14/2007,
§ 1; by Ord. 2228, 5/14/2007, § 1; by Ord. 2242,
9/10/2007, § 1; by Ord. 2288, 4/12/2010; by Ord. 2308, 10/1/2012,
§§ 3, 4; and by Ord. 2322, 1/7/2013, §§ 3,
4]
1.
Residential Uses.
A.
Single-Family Detached.
(1)
Parking. Two off-street spaces per dwelling unit, provided at
least one parking space shall be in a garage.
B.
Two-Family.
(1)
Parking. Two off-street spaces per dwelling unit, provided at
least one parking space shall be in a garage.
D.
Apartment.
(1)
Each unit shares with other units a common yard area, which
is the sum of the required lot areas of all dwelling units within
the building(s).
(2)
A penthouse is permitted in the R-5 District, located above
the uppermost story of a building, which structure is not in excess
of 14 feet in height and which contains an area not in excess of 80%
of the total area of the floor below. This structure may or may not
have dwelling units therein, and the height of the same shall not
be included in computing the allowable height of the entire building,
if restricted.
(3)
Parking. One and one-half off-street spaces for two bedroom
units or less, two off-street spaces for three bedroom or more units.
E.
Conversion.
(1)
All exterior structural changes are subject to the approval
of the Board of Commissioners.
(2)
Stairways leading to the second or any higher floor shall be
located within the walls of the building wherever practical, and stairways
and fire escapes shall otherwise be located on the rear wall in preference
to either side wall and in no case on a front wall or side wall facing
a street.
(3)
Minimum lot area per dwelling unit is 2,000 square feet. Yard
requirements are applicable upon conversion of the structure. Maximum
height of the structure shall not exceed the requirements of the district.
(4)
Parking. One and one-half off-street parking spaces per dwelling
unit, with maximum of two parking spaces in front yard.
G.
Boarding House.
(1)
A dwelling used for the housing of boarders, roomers or lodgers
with or without common eating facilities, including fraternity, sorority,
or other buildings of charitable, educational, or philanthropic institutions,
subject to the following provisions:
(2)
Parking. One off-street space per sleeping room.
H.
Mobile Home Park.
(1)
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for dwelling or sleeping
purposes and for nontransient use, provided:
(a)
All provisions of the mobile home park ordinance pertaining
to subdivision regulations and that section of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., regulating mobile
home parks in the Township are met.
(b)
Measurement for yard requirements shall be made from the perimeter
of the mobile home slab.
(c)
Every mobile home slab shall have access to a public or private
street in accordance with appropriate subdivision regulations.
(d)
The minimum number of spaces completed and ready for occupancy
before the first occupancy is permitted shall be nine.
(e)
Public sewerage shall be required.
(2)
Parking. Two off-street spaces per dwelling unit.
2.
Institutional and Recreational Uses.
A.
Place of Worship. Place of religious worship provided that the following
requirements are met:
(1)
Provide safe and adequate traffic flow.
(2)
Provide adequate ingress and egress of pedestrian flow.
(3)
Prohibit glare due to site lighting.
(5)
Parking. One off-street parking space for each four seats provided
for patron use, or at least one off-street parking space for each
25 square feet of gross floor area used or intended to be used for
service to patrons, guests or members whichever requires the greater
number of off-street parking spaces, plus one additional space for
each full-time employee. In determining the total number of off-street
parking spaces for any church, the following parking spaces shall
qualify as available off-street parking spaces:
(a)
Any parking space on a lot or lots occupied by the church building
or accessory church building.
(b)
Any parking space in public parking areas in the vicinity of
the church, the owner thereof having consented to such use by the
members of the church and which space is customarily unoccupied during
the hours of worship.
(c)
Any parking space in public parking areas or public parking
garages operated by a governmental agency in the vicinity of the church.
B.
School.
(1)
In all districts, access to a primary street is required.
(2)
The use must meet the following requirements:
(3)
Parking.
(a)
Elementary School. One off-street parking space for each faculty
member and employee plus one space per two classrooms and offices.
(b)
Junior High School. One off-street parking space for each faculty
member and employee plus one and a half spaces per two classrooms
and offices.
(c)
Senior High School. One off-street parking space per faculty
member and employee plus three spaces per 10 students of projected
building capacity.
(d)
College and Junior College. One off-street parking space per
faculty member and employee plus three spaces for each 10 classroom
seats, or three off-street parking space for each 10 auditorium seats,
whichever requires the greater number of off-street parking spaces.
(4)
In any R-2 District, upon the cessation of the public use of
public school building, or other public building, the following uses,
all of which are classified as conditional uses, shall be permitted
or denied after review and recommendation by the Township Planning
Commission, and after review and approval by the Board of Commissioners:
(a)
Office buildings which shall mean a building designed or primarily
used for office purpose, no part of which is used for manufacturing
or a dwelling other than sleeping quarters for a watchman or custodian.
(b)
Private school (including, but not limited to, trade, general,
special education, vocational, a vocational and business).
(c)
Parks or playgrounds.
(d)
Public library or other public building.
(e)
Day-care center.
(f)
Townhouse dwelling.
(g)
Multi-family dwelling having a four-story maximum.
(h)
Mini-mall (self-enclosed shopping center, including outlets
for clothing, apparel and clothing accessories, furniture, home furnishings,
eating establishments, sporting goods, drugs, specialty food shops,
paint stores, electrical supplies, variety shops, department stores,
bakeries, dairy product stores, household appliances, and similar
retail or general commercial outlets).
(i)
A diagnostic laboratory in an area of the building which is
equipped and utilized to evaluate metabolic mediums such as blood,
blood levels, urine specimens, culture mediums, and the like for the
purpose of aiding physicians, hospitals, and other medical care facilities
in the diagnosis of a patient's health.
(j)
Personal care residence for the elderly which shall consist
of separate or semi-private living facilities for persons 55 years
of age and older who require living assistance, which living facilities,
however, shall provide no private cooking facilities, but the use
shall include dining halls where such residents can take their meals.
(5)
In any R-1 District, upon the cessation of the public use of
a public school building, or other public building, the public uses,
all of which are classified as conditional uses, shall be permitted
or denied after review and recommendation by the Township Planning
Commission and after review and approval by the Board of Township
Commissioners:
(a)
Office buildings shall mean a building designed or primarily
used for office purpose, no part of which is used for manufacturing
or a dwelling other than sleeping quarters for a watchman or custodian;
no retail sales shall be permitted from the premises.
(b)
Private school (including, but not limited to, trade, general,
special education, vocational, a vocational and business).
(c)
Parks or playgrounds.
(d)
Public library or other public use.
(e)
Day-care center.
D.
Library or Museum.
E.
Community Center.
(1)
Community center, adult education center or other similar facility
operated by an educational, philanthropic or religious institution.
The use must meet the following requirements:
(a)
The use shall not be conducted as a private gainful business.
(b)
No outdoor recreation area shall be located nearer to any lot
line that the required front yard depth.
(c)
Provide the safe and adequate traffic flow.
(d)
Prohibit glare due to site lighting.
(e)
Provide sufficient screening outdoor play areas to protect the
neighborhood from inappropriate noise and other disturbance.
(f)
Provide fencing to control pedestrian ingress and egress.
(g)
In all districts, access to a collector street is required.
(2)
Parking. One off-street parking space for each four seats provided
for patron use or at least one off-street parking space for each 50
square feet of gross floor area used or intended to be used for service
to customers, patrons, clients, guests, or members, whichever requires
the greater number of off-street parking spaces, plus one additional
space for each full-time employee.
F.
Day-Care Facility.
(1)
In residential districts R-1 and R-2, the use shall be conducted
in a building designed as a single-family detached residence or in
a structure used for religious purposes.
(a)
Day care in a single-family detached residence shall be limited
to twelve or less persons including persons under care related to
the operator.
1)
Parking. Two-off street spaces per dwelling unit and one additional
space for passenger loading and unloading.
(b)
Day care in a structure used for religious purposes shall be
limited to no more than one person per 50 gross feet of area used
or intended for use in the care of persons attending the care facility.
(2)
In residential districts R-3, R-4 and R-5 and commercial districts
C-1, C-2 and C-3 the use shall be conducted in structures used for
religious purposes or in areas of other structures not used for residential
use. Day care in both instances shall be limited to no more than one
person per 50 gross feet of area used or intended to be used in the
care of persons attending the day-care facility.
(a)
Outdoor play areas shall be screened and enclosed with fencing,
as seen necessary by the Commissioners, so as to protect the neighborhood
from inappropriate noise and other disturbance.
(b)
The minimum lot size shall be 10,000 square feet unless the
facility is for the care of six or less children.
(c)
Sufficient facilities for passenger loading and unloading shall
be provided in accordance with Part 15, so as not to interrupt normal
traffic patterns.
(3)
Parking. At least one off-street space for each teacher, administrator
and maintenance employee.
G.
Residential Day-Care Facility.
(1)
In residential districts R-1, R-2, R-3 and R-4, the use shall
be conducted in a building designed as a single-family detached residence
or a single-family party-wall dwelling (i.e., duplex or townhouse
dwelling).
(a)
Day care in a single-family detached residence or a single-family
party-wall dwelling shall be limited to six or less persons including
persons under care related to the operator.
(2)
Parking. Two-off street spaces per dwelling unit and one additional
space for passenger loading and unloading.
H.
Group Home.
(1)
The exterior of the structure shall appear as a single family
dwelling.
(2)
No group home shall be located within 1,000 feet of another
group home, measured property line to property line.
(3)
Parking. Two off-street spaces per dwelling unit, provided at
least one parking space shall be in a garage.
I.
Group Care Facility.
(1)
The minimum area and bulk regulations shall be the same as those required in § 27-905 for the district in which the facility is located.
(2)
No group care facility shall be located within 1,000 feet of
another group care facility or a personal care boarding home, measured
property line to property line.
(3)
Adequate provisions shall be made for access for emergency medical
and fire vehicles.
(4)
The site proposed for a group-care facility shall have frontage
on and direct vehicular access to an arterial or collector street,
as defined by this chapter.
(5)
Twenty-four hour supervision shall be provided by staff qualified
by the sponsoring agency.
(6)
Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs and the area
shall be secured by a security fence with a self-latching gate.
(7)
Where applicable, certification or licensing by the sponsoring
agency shall be prerequisite to obtaining a certificate of occupancy.
A copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
(8)
Parking. One off-street parking space for each employee on peak
shift, plus one off-street parking space per resident authorized to
drive, plus one off-street parking space for each six beds.
J.
Personal Care Boarding Home.
(1)
The minimum area and bulk regulations shall be the same as those required in § 27-905 for the district in which the facility is located.
(2)
No personal care boarding home shall be located within 1,000
feet of another personal care boarding home or a group care facility,
measured property line to property line.
(3)
Adequate provisions shall be made for access for emergency medical
and fire vehicles.
(4)
Twenty-four hour supervision shall be provided by staff qualified
by the sponsoring agency.
(5)
Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs and the area
shall be secured by a security fence with a self-latching gate.
(6)
Where applicable, certification or licensing by the sponsoring
agency shall be prerequisite to obtaining a certificate of occupancy.
A copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
(7)
Parking. One off-street parking space for each employee on peak
shift, plus one off-street parking space per resident authorized to
drive, plus one off-street parking space for each six beds.
K.
Health Care Campus with Ancillary Retail.
(1)
The minimum site area for a health care campus shall be 20 acres.
(2)
A health care campus shall be permitted to have one freestanding sign for every 20 acres located within the health care campus and two ground signs per building subject to the requirements of Part 16 of this chapter.
(3)
The total square footage of the ancillary retail permitted in
conjunction with a health care campus (exclusive of ancillary retail
located in health care campus hotels) shall be subject to the limitations
set forth in the following schedule:
|
Total Square Footage of Buildings Located on the Health
Care Campus
|
Maximum Square Footage of all Ancillary Retail Permitted
on the Health Care Campus Site
| |
|---|---|---|
|
Less than 500,000 square feet
|
10% of total square footage of all buildings
| |
|
500,001 to 1,000,000 square feet
|
The greater of 50,000 square feet
or
9% of the total square footage of all buildings
| |
|
1,000,001 to 1,500,000 square feet
|
The greater of 120,000 square feet
or
7% of the total square footage of all buildings
| |
|
1,500,001 to 2,500,000 square feet
|
The greater of 140,000 square feet
or
6% of the total square footage of all buildings
| |
|
Greater than 2,500,000 square feet
|
The greater of 150,000 square feet
or
5% of the total square footage of all buildings
|
(4)
The total square footage of ancillary retail which is located
in freestanding buildings which do not house a permitted health care
campus use shall not exceed 1% of the total square footage of all
buildings located on the health care campus site.
(5)
Parking. The number of off-street parking spaces shall be dependent
upon the specific uses of the facility including, but not limited
to:
(a)
One and one-half off-street parking spaces per inpatient bed
or one off-street parking space per 600 square feet of gross floor
area (excluding mechanical and storage space), whichever is greater.
(b)
Ancillary retail permitted on the health care campus site shall
meet the parking requirements for that specific use as stipulated
in this Part 9.
L.
Hospital.
(1)
A hospital is subject to the following additional provisions:
(2)
Parking. One and one-half off-street parking spaces per in-patient
bed or one off-street parking space per 600 square feet of gross floor
area (excluding mechanical and storage space), whichever is greater.
M.
Nursing Home.
(1)
The minimum site area for a nursing home shall be one acre.
(2)
The nursing home must be licensed by the Commonwealth of Pennsylvania.
Proof of this license if required.
(3)
Ingress, egress, and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
(4)
Nursing homes shall have a bed capacity of at least 20 beds
but no more than 200 beds.
(5)
Provide sufficient screening so as to protect surrounding uses
from inappropriate noise and other disturbance.
(6)
Parking. One off-street parking space per three beds and one
off street parking space for each employee on the peak working shift.
N.
Cemetery.
(1)
A burial place or graveyard including mausoleum, crematory or
columbarium subject to the following additional provision:
(a)
Provide safe and adequate ingress and egress of traffic flow.
(2)
Parking. One off-street parking space for each employee and
one off-street space for each four visitors in total capacity of mausoleum,
crematory or columbarium.
O.
Public Recreational Facility.
(1)
Recreational facility or park owned or operated by the Township
or other governmental agency.
(3)
Parking. The number of off-street parking spaces shall be dependent
upon the specific uses of the facility including, but not limited
to:
(a)
One off-street space per every four seats in assembly room.
(b)
One off-street space per every 300 gross square feet of a social
or community room.
(c)
One and one-half spaces per playing court.
(d)
One space per 100 square feet of gross floor area in eating
areas of the facility.
(e)
Five spaces per lane for bowling alleys.
(f)
One space for every three spectator seats or per 1,000 square
feet of developed area, or per 1,000 square feet of developed area,
at any kind of sports field including, but not limited to, soccer
fields, baseball fields, football fields, and multipurpose fields.
(g)
One space per every two employees on largest shift.
(h)
Applicant shall be responsible for demonstrating to the Zoning
Officer adequate spaces for specific facility uses.
P.
Private Recreational Facility.
(1)
A recreational facility owned or operated by a nongovernmental
agency, subject to the following additional provisions:
(a)
Provide safe and adequate traffic flow.
(b)
No outdoor active recreation area shall be located nearer to
any lot line than the required front yard depth.
(c)
Provide sufficient screening so as to protect the neighborhood
from inappropriate noise and other disturbance.
(d)
Provide fencing to control pedestrian ingress and egress.
(2)
Parking. The number of off-street parking spaces shall be required
dependent upon the specific uses of the facility including, but not
limited to:
(a)
One off-street space per every four seats in assembly room.
(b)
One off-street space per every 300 gross square feet of a social
or community room.
(c)
One and one-half spaces per playing court.
(d)
One space per 100 square feet of gross floor area in eating
areas of the facility.
(e)
Five spaces per lane for bowling alleys.
(f)
One space per every two employees on largest shift.
(g)
Applicant shall be responsible for demonstrating to the Zoning
Officer adequate spaces for specific facility uses.
Q.
Golf Course.
(1)
Golf course (not including, miniature gulf course), including
club house, restaurant and other accessory uses, provided these are
clearly accessory to the golf course, subject to the following additional
provisions:
(2)
Parking. Three off-street parking spaces for each hole. An additional
requirement for club house, restaurant and other recreational uses
shall be 50% of the requirements of that specific use.
R.
Private Club.
(1)
Private club or lodge (other than private recreational facility,
as defined herein), subject to the following additional provisions:
(a)
Shall be for members and their authorized guests only.
(b)
Provide safe and adequate traffic flow.
(c)
No outdoor active recreation area shall be located nearer to
any lot line than the required front yard depth.
(d)
Provide sufficient screening so as to protect the neighborhood
from inappropriate noise and other disturbance.
(e)
Provide fencing to control pedestrian ingress and egress.
(2)
Parking. One off-street parking space for every five members
of total membership or least one off-street parking space for each
50 square feet of gross floor area used or intended to be used for
service to customers, patrons, clients, guests, or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each full-time employee.
S.
Emergency Service and Municipal Facility.
(1)
Fire, ambulance, rescue and other emergency service and government
buildings of a municipal or volunteer nature, on parcels with a minimum
size of one acre.
(3)
Public recreational facilities shall be an authorized accessory use to a emergency service and municipal facility provided all conditions for a public recreational facility as provided in Subsection 2N are met.
(4)
Community centers shall be an authorized accessory use to a emergency service and municipal facility provided all conditions for a community center as provided in Subsection 2E are met.
(5)
Parking. One off-street parking space for the maximum number
of employees and/or volunteer staff who are working at any one time.
In addition, one off-street space for every four seats in assembly
room.
T.
Fraternal Organization Meeting Facility.
(1)
Minimum lot size shall be 15 acres.
(2)
If not located in a "C" Zoning District, the property must be
located within 100 linear feet of other property within a "C" Zoning
District classification.
(3)
Buildings erected on the property may not be located closer
than 300 linear feet from any building used as a one or two family
residential dwelling.
(4)
The property must have 500 feet of frontage on an arterial street
and primary access to the property shall not abut property zoned R-1
Residential.
(6)
Building height shall not exceed 40 feet; provided, however,
that flagpoles, fire towers, elevator bulkheads, ornamental spires,
stage towers and scenery lofts, mechanical equipment towers and similar
structural elements may exceed that building height limit, but in
no event shall exceed 60 feet in height.
(7)
Parking. One off-street parking space for every 200 gross square
feet of building floor area, or one parking space for every three
auditorium seats, whichever calculation requires the greater number
of off-street parking spaces, plus one additional parking space for
each full-time employee.
3.
Office Uses.
C.
Medical Marijuana Dispensary.
[Added by Ord. No. 2390, 5/1/2017]
(1)
A medical marijuana dispensary shall provide proof of registration
with the Department of Health, or proof that registration has been
sought and is pending approval, and shall at all times maintain a
valid, accurate, and up-to-date registration with the Department of
Health. Should registration be denied or revoked at any time, any
Township approval shall immediately become void.
(2)
A medical marijuana dispensary shall at all times operate in
compliance with all Department of Health regulations pertaining to
such facilities.
(3)
A dispensary may only dispense medical marijuana in an indoor,
enclosed, secure facility located within this commonwealth, as approved
by the Department of Health. No exterior sales, no outdoor seating,
and no drive-through services shall be permitted.
(4)
A dispensary may not operate on the same site as a medical marijuana
grower/processor.
(5)
A dispensary may not be located within 1,000 feet of the property
line of a public, private or parochial school, day-care center, public
park, or place of worship unless this requirement is waived by the
Department of Health.
(6)
Parking shall include six off-street parking spaces per physician
or pharmacist working on site plus one additional parking space per
each employee.
(7)
A medical marijuana dispensary shall be limited to the hours
of operation not earlier than 8:00 a.m. and not later than 8:00 p.m.
(8)
A medical marijuana dispensary shall submit a disposal plan
to be reviewed and approved by the Township. Medical marijuana remnants
and by-products shall be disposed of according to an approved plan
and shall not be placed within an exterior refuse container.
(9)
A dispensary may not be located within 300 feet of any residential
district.
[Added by Ord. No. 2413, 7/16/2018]
4.
Retail and Consumer Service Uses.
A.
Retail shops and stores selling apparel, books, confections, drugs,
dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys,
household appliances, jewelry, notions, periodicals, shoes, stationery,
tobacco, paint, records, cards, novelties, hobby and art supplies,
music, luggage, sporting goods, pets, floor covering, garden supplies,
fabrics, and consumer fireworks, provided all products produced on
the premises are sold on the premises at retail. Also included within
this use shall be the sale of soft drinks, beer, alcoholic beverages
in sealed containers not for consumption on premises.
[Amended by Ord. No. 2409, 4/16/2018]
(1)
Any establishment which furnishes carts or mobile baskets as
an adjunct to shopping shall provide definite areas within the required
parking space areas for storage of carts. Each designed storage area
shall be clearly marked for storage of shopping carts.
(2)
Parking. One off-street parking space for each 200 square feet
of gross area used or intended to be used for servicing customers,
plus one additional space for each full-time employee.
B.
Service Business.
(1)
Including, but not limited to, barber, beautician, laundry and
dry cleaning, shoe repair, tailor, photographer, travel agency, and
copying services.
(2)
Parking. One off-street parking space for each 200 square feet
of gross area used or intended to be used for servicing customers,
plus one additional space for every one full-time employee. For barber
shop and beauty parlor, there shall be one off-street parking space
per barber/beautician chair plus one off-street parking space per
waiting chair.
D.
E.
Restaurant.
(1)
Provide adequate and safe ingress and egress.
(2)
If the restaurant offers an outdoor eating area, the use shall
provide sufficient screening so as to protect the neighborhood from
inappropriate noise and other disturbance.
(3)
Fast food restaurants shall meet the following conditions:
(a)
The fast food restaurant shall be set back not less than 30
feet from any street line, shall have two side yards not less than
20 feet wide each, and a rear yard not less than 40 feet in depth.
(b)
Buffering requirements for Commercial C-1 Districts shall be
met when the fast food restaurant is situated adjacent to a residential
use(s).
(4)
Parking. The parking requirements shall be calculated as indicated
below. Any outdoor eating areas shall be included with the gross floor
square footage.
F.
Repair Shop.
(1)
Repair shop for appliances, small engines, outboard motors,
go-carts, motorcycles, mopeds, bicycles, guns, locks, and small business
machines. Motorcycle and moped inspection shall be allowed. State
licensed motor vehicle inspection shall not be permitted.
(3)
Parking. One off-street parking space for each 300 square feet
of gross floor area plus one additional space for each full-time employee.
G.
Upholsterer/Cabinet Maker.
(1)
Parking. One off-street parking space for each 300 square feet
of gross floor area plus one additional space for each full-time employee.
H.
Funeral Home/Mortuary.
(2)
Parking. One off-street parking space for each four seats provided
for patron use, or at least one off-street parking space for each
50 square feet of gross floor area used or intended to be used as
a chapel and viewing rooms, whichever requires the greater number
of off-street parking spaces, plus one additional space for each full-time
employee.
I.
Motel-Hotel.
(1)
Motel, hotel; a building or group of buildings for the accommodation
of transient guests, chiefly motorists, containing guest rooms for
rent.
(3)
Parking. One off-street parking space for each rental room or
suite, plus one additional off-street parking space for each full-time
employee.
(4)
In addition, if a restaurant is part of the motel-hotel, one
off-street parking space for each 50 square feet of total floor area;
plus one additional off-street parking space for each full-time employee
on maximum shift.
J.
Bed-and-Breakfast.
(1)
Parking. One off street parking space for each guest room and
two off-street parking spaces for the owner of the facility.
K.
Entertainment.
(1)
Entertainment and recreation facilities operated as a gainful
business within a building.
(2)
This use must meet the following requirements:
(3)
Parking. One off-street parking space for each four seats provided
for patron use, or at least one off-street parking space for each
50 square feet of gross floor area used or intended to be used for
service to customers, patrons, clients, guests or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each full-time employee. For arcades, one off-street
parking space per coin-operated device.
L.
Tavern.
(1)
Provide adequate and safe ingress and egress.
(2)
Provide safe and adequate traffic flow.
(3)
Prohibit glare due to site lighting.
(4)
Not conduct business between the hours of 2:00 a.m. and 6:00
a.m. at locations within 500 feet of a residential district.
(6)
Parking. One off-street parking space for each 50 square feet
of total floor area; plus one additional off-street parking space
for each full-time employee.
M.
Lumberyard.
(1)
Lumberyard, including planing mill.
(2)
Parking. One off-street parking space for each employee on the
two major shifts at maximum employment, but in no case less than one
off-street parking space for every 1,000 square feet of gross floor
area including storage sheds.
(a)
For lumberyards which include retail sales, one off-street parking
space for each 200 square feet of gross area used or intended to be
used for servicing customers.
N.
Veterinary.
[Amended by Ord. No. 2451, 11/16/2020]
(1)
Office of a Veterinarian with Accessory Animal Kennel. Accessory
animal kennels within an office of a veterinarian which are not fully
enclosed shall be located within 200 feet of any lot line.
(2)
In the C-1 and C-2 Districts, all activities must be within
an enclosed building.
(3)
Parking: three off-street parking spaces for each doctor plus
one space for each full-time employee.
O.
Vehicle Service Station.
(1)
Minimum lot width of not less than 200 feet shall be provided
along each street on which the lot abuts.
(2)
All activities except those to be performed at the fuel dispensers
shall be performed within a completely enclosed building.
(3)
Fuel dispensers shall be at least 25 feet from any street right-of-way.
(a)
For the purposes of this section, all of the fuel dispensers
shall be considered a single structure.
(4)
All automobile parts and similar articles shall be stored within
a building.
(5)
Lubrication, oil changes, tire changes, and repairs shall be
permitted only if entirely enclosed within a building.
(6)
A canopy over the fuel dispensers shall be permitted, provided
that:
(7)
An fully automated car wash shall be an authorized accessory
use to a vehicle service station provided:
(a)
The car wash is incidental to the primary use of the service
station.
(b)
The car wash is setback at least 25 feet from any street right-of-way.
(c)
No variance shall be permitted to allow an accessory car wash.
(d)
The car wash shall be fully automated. No self-service car washes
shall be permitted as an accessory use.
(e)
A minimum of four queuing spaces are required per automatic
car wash bay.
(8)
A convenience store shall be an authorized accessory use to
a vehicle service station.
(9)
Parking. One off-street parking space for every 300 square feet
of gross floor area, or two off-street parking spaces for each service
bay, whichever is larger, plus one space for each full-time employee.
Off-street parking spaces are not to be a part of nor interfere with,
the accessways to the dispensers.
P.
Vehicle Sales.
(1)
Sales of new vehicles subject to the following criteria:
(a)
The business shall be by way of a licensed new vehicle dealership
including, cars, trucks, trailers, cycles and boat rentals.
(b)
Used vehicle sales shall be permitted only as an accessory use
to a new vehicle sales situated on a lot of no less than 30,000 square
feet.
(c)
Parking. Five off-street parking spaces for each employee on
the largest shift.
(d)
The site shall be improved by a building having a permanent
foundation in the ground with a gross floor area of not less than
2,000 square feet; and the use of trailers to comply with this provision
is not permitted.
(e)
The applicant shall be subject to all other Ross Township ordinances
and regulations concerning its operations and site development.
(2)
Sales of used vehicles subject to the following criteria:
(a)
The business shall be by way of a licensed used vehicle dealership.
(b)
The required minimum site area is 30,000 square feet.
(c)
Parking. Five off-street parking spaces for each employee on
the largest shift.
(d)
The site shall be improved by a building having a permanent
foundation in the ground with a gross floor area of not less than
2,000 square feet; the use of trailers shall not be permitted.
(e)
The applicant shall be subject to all other Ross Township ordinances
and regulations concerning its operations and site development.
Q.
Vehicle Repair and Inspection.
(1)
Vehicle repair garage, including paint spraying and body and
fender work or car-washing facility, provided that all repair and
paint work is performed within an enclosed building.
(2)
All automobile parts and similar articles shall be stored within
a building.
(3)
Parking of vehicles needing repair or inspection shall be in
the rear or side of the property.
(a)
Buffering requirements for Commercial C-1 Districts shall be
met when the vehicle repair and inspection use is situated adjacent
to a residential use(s).
(4)
Any vehicle on the lot must be currently inspected or registered.
(5)
Parking. One off-street parking space for each 300 square feet
of gross floor area, plus one additional space for each full-time
employee.
R.
Truck Sales.
(1)
Truck sales includes truck and heavy equipment repair and sales.
(2)
Truck sales shall be permitted in the C-1 and C-2 Districts,
in conjunction with auto sales only.
(3)
Parking. One off-street parking space for each 300 square feet
of gross display area, plus one additional space for each full-time
employee.
S.
Vehicular Accessories (New Retail).
(1)
Sale of new vehicular accessories, parts, tires, batteries,
and other supplies.
(2)
Provision of vehicle services such as lubrication, oil changes,
tire change and repairs, excluding fuel dispensers, shall be considered
an accessory use and shall be performed entirely within an enclosed
structure.
(3)
Installations of parts shall be in an enclosed structure.
(4)
Parking. One off-street parking space for each 200 square feet
of gross floor area, plus one additional space for each full-time
employee.
T.
Greenhouse.
(1)
The floor area for retail sales shall not exceed 1,200 square
feet. The growing area is not considered a sales area.
(2)
The heating plant shall be located at least 100 feet from the
property line.
(3)
Outbuildings, including those for storage of manure, odor or
dust-producing substances, shall be located at least 200 feet from
the property line.
(4)
Parking. One off-street parking space for each employee at the
maximum shift and one off-street parking space for each 200 square
feet of sales area.
(5)
Maximum lot coverage shall be 80%. Maximum building coverage
shall be 20%. Maximum building height shall be 45 feet.
(6)
Conditional use approval is required for commercial outdoor
display and storage of merchandise if a greenhouse includes commercial
outdoor display and storage.
(7)
A "landscape supply business" shall be permitted as an accessory
use to a "greenhouse" business that is the main use on a parcel of
land in C-1 or C-2 Zoning Districts.
U.
Public Parking Lot or Garage.
(1)
No sale, rental, service or repair operations of vehicles shall
be performed.
(2)
The parking or storage of trucks or trailers shall not be permitted.
(3)
All parking areas shall meet the design standards of Part 15.
(4)
Safe and adequate traffic flow is provided.
(5)
Sufficient screening to protect the neighborhood from inappropriate
noise and other disturbance is provided.
(6)
Glare due to site lighting is prohibited.
V.
Shopping Center.
(1)
A shopping center which is preplanned and designed as a complex
of related structures and circulation patterns, subject to the following
additional criteria:
(a)
Shopping centers in the C-1 Zoning District shall have a minimum
site area of 4.5 acres.
(b)
Shopping centers in the C-2 Zoning District shall have a maximum
size of 50,000 square feet of gross floor area and no single occupant
or user or tenant space shall be in excess of 7,500 square feet of
gross floor area.
(c)
Not more than 25% of the total lot area shall be occupied by
buildings.
(e)
Any use of the same general character as any of the above permitted uses in Subsection 4W(1) shall be permitted upon review of the Planning Commission and approval by the Board of Commissioners.
(f)
The proposed development shall be constructed in accordance
with an overall plan and shall be designed as a single architectural
unit with appropriate landscaping.
(h)
The distance, at the closest point, between any two buildings
or groups of units of attached buildings, shall not be less than 20
feet nor need be greater than 30 feet.
(i)
The proposed development shall be served by adequate water and
public sewage disposal facilities, the adequacy of which shall be
demonstrated and guaranteed.
(j)
Lighting facilities shall be provided and arranged in a manner
which will protect the highway and neighboring properties from any
direct glare or hazardous interference of any kind.
(k)
Provide safe and adequate traffic flow.
(l)
Areas not paved or occupied by structures shall be landscaped
and maintained and the edges of paved areas abutting landscaped areas
shall be curbed.
(m)
The Board of Commissioners may impose restrictions upon access
to the facility, storage of vehicles or materials on the premises,
hours of operation and such other matters as they deem necessary to
insure that there is no adverse impact upon the functioning of the
district or adjacent parcels.
(3)
Gross floor area is the total floor area designed for tenant
occupancy and use, including basements, mezzanines, storage areas,
and upper floors, if any, expressed in square feet and measured from
the center line of common partitions and from outside wall faces.
W.
Public Utility Building and Storage Yard.
(1)
Transformer station, pumping station, relay station, towers
(transmission or relay), substations, switching center, sewage treatment
plant and any similar or related installations, not including public
land fills or communication towers.
(2)
In residential districts, such uses shall be permitted as special
exceptions only where all the following conditions are met:
(a)
Installation is essential to service such residential areas.
(b)
No public business office or any storage yard or storage building
is operated in connection with it.
(c)
A twenty-five foot buffer yard shall be provided along all property
lines.
(d)
Sewage treatment facility is prohibited in residential districts.
(e)
Towers are prohibited in residential districts and commercial
districts.
(3)
Parking. Two off-street parking spaces plus one off-street parking
space for each employee normally in attendance at the facility at
any time.
X.
Public Solid Waste Disposal Site.
(1)
A site with a minimum size of 15 acres for the disposal of refuse
generated within the area regulated by this chapter. Establishment
of a site must be in accordance with county and state regulations
including prohibition relating to storing and/or disposal of hazardous
wastes, as specified in the latest regulations of the Department of
Environmental Protection (DEP), Rules and Regulations.
(a)
APPLICATION
ATTENDANT
BUREAU OF ENVIRONMENTAL HEALTH
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DURATION OF OPERATION
DUST CONTROL MEASURES
FIRE CONTROL
HOURS AND DAYS OF OPERATION
PERMIT
NOISE CONTROL
SCREENING
SITE
SITE DEVELOPMENT PLANS
SOLID WASTE LANDFILL
TRANSPORT ROUTE
TRANSPORT VEHICLE
Definitions. For the purposes of this section, certain terms
and words are defined as follows:
An application on forms furnished by the Township requesting
a special exception. The application shall be submitted in triplicate
along with three copies of a site plan.
A person employed by the owner or operator of the landfill
on the landfill site at all times when the landfill is in operation
for the purpose and with the authority of supervising the operation
thereof.
The Bureau of Environmental Health of the Allegheny County
Health Department.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The time span from the date the filling operation begins
until final completion of the site.
The method that will be implemented to control air pollution.
The type of fire suppression equipment located on the site
to extinguish any fires or hot spots.
The days of the week during which the landfill will be in
operation and the hours of each day the landfill will be in operation.
A permit issued by the Township for the operation of a landfill.
The method that noise will be controlled so as not to affect
neighboring properties and existing land use.
That method implemented to screen the landfill site from
adjoining properties on rights-of-way.
The location of the landfill site.
That plan indicating the area (acres) encompassing the landfill
including existing contours, adjoining land use, access to the site,
gates, fencing (screening), transport route and all items covered
by the Department of Environmental Protection.
A solid waste landfill as defined in the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., of the Department of Environmental
Health and additions thereto.
The streets within 1/2 mile of the site on which the transport
vehicles will traverse.
The type (size) of the vehicle transporting material to the
site.
(b)
Procedure.
1)
Application Form and Content. Written
application for the grant of special exception shall be filed with
the Zoning Hearing Board on forms supplied and prepared by the Zoning
Hearing Board. The application shall bear the signature of the owners
of all of the property within the concerned site, and shall be accompanied
by:
a)
Three copies of a site plan and all other pertinent data and information
as may be required in the application form as prepared by the Zoning
Hearing Board.
b)
The application shall be accompanied with a letter detailing the
classification of waste to be disposed of in the landfill as defined
in 25 Pa. Code § 101 et seq., of the Rules and Regulations
of the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
2)
The applicant shall be knowledgeable of all of the conditions,
definitions and restrictions in this section so as to assure the fullest
practicable presentation of the facts for review by the Zoning Hearing
Board.
(c)
Review of Application. In any instance where the Zoning Hearing
Board is required to consider a special exception in accordance with
this section, the Board shall, among other things, consider the following
standards:
1)
Determine that the proposed special exception would not substantially
injure or detract from the use of the neighboring property and existing
land uses.
2)
Determine that the time span for the duration of the landfill
is reasonable considering the size of the site and the volume of the
fill to be deposited.
3)
Determine that the dust control measures are adequate to contain
any air pollution on the site.
4)
Determine that the type of fire suppression equipment located
on the site is sufficient to contain or extinguish all fires or hot
spots.
5)
Determine that the days and hours of operating would not adversely
affect the surrounding properties and land uses.
6)
Determine that the screening of the landfill site is adequate
to protect the aesthetics of the surrounding land uses.
7)
Determine that adequate noise control methods are proposed so
that noise is not detrimental to the surrounding areas of the landfill.
8)
Determine that the transport route to the site will not adversely
affect the surrounding area or the residential streets.
9)
Determine that the transport vehicle will be of a size so that
it does not adversely affect the properties along the transport route
or be detrimental to the surrounding areas.
Y.
Adult Related Facilities.
(1)
Adult related facilities are subject to the following standards
and criteria:
(a)
An adult related facility shall not be permitted to be located
within 7,000 feet of any other adult related facility, whether situate
in Ross Township or otherwise. The distance between any two adult
related facilities shall be measured in a straight line, without regard
to intervening structures, from the closest point on the exterior
parcel line of each establishment.
(b)
No adult related facility shall be located within 100 feet from
any residentially zoned land or lot used principally as a residential
use, whether situate in Ross Township or otherwise.
(c)
No adult related facility shall be located within 1,000 feet
of any parcel of land (situate in Ross Township or otherwise) which
contains any one or more of the following specified land uses:
(d)
The distance between any adult related facility and a land use
specified in clause (c) above shall be measured in a straight line,
without regard to intervening structures, from the closest point on
the exterior property line of the adult related facility to the closest
point on the property line of said land use.
(e)
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.
(f)
Any building or structure occupied as an adult related facility
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 materials, merchandise or film shall be visible
from outside the building or structure.
(g)
Signage. Notwithstanding any other provisions of the Ross Township
Code, it shall be unlawful for any owner or operator of any adult
related facility or any other person to erect, construct or maintain
any sign for the regulated establishment other than one "primary sign."
"Primary signs" shall contain no photographs, silhouettes, drawings
or pictorial representations of any manner and may contain only:
(i)
Primary signs for adult movie theaters may contain the additional
phrase "movie titles posted on premises."
(j)
Each letter forming a word on a primary sign shall be of a solid
color and each such letter shall be the same print-type, size and
color. The background behind such letter on the display surface of
a primary sign shall be of a uniform and solid color.
(k)
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.
(l)
No adult related facility may change to another adult related
facility except upon approval of any additional conditional use and
occupancy permit.
(m)
The use shall not create an enticement for minors because of
its proximity to nearby uses where minors may congregate.
(n)
The adult related facility may be open for business Monday through
Saturday from 10:00 a.m., prevailing time, to 12:00 p.m. midnight,
prevailing time. No adult related facility shall be open on Sunday.
(o)
An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant of an occupancy permit to the adult use, of a conflicting use as listed in Subsection 4Y(1)(c) within 1,000 feet.
(p)
Any adult business, other than an adult motel, which exhibits
on the premises in a viewing room (a separate compartment or cubicle)
of less than 150 square feet of floor space a film or videocassette
or other video or image production or reproduction which depicts nudity
or sexual conduct, as defined herein, shall comply with the following:
1)
At least one employee shall be on duty and shall be situated
in each manager's station at all times that any patron is present
inside the premises.
2)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding rest rooms. Rest rooms shall not contain video
reproduction or viewing equipment. If the premises has two or more
manager's stations designated, then the interior of the premises shall
be configured in such a manner that there is unobstructed view of
each area of the premises to which any patron is permitted access
for any purpose from at least one of the manager's stations. The view
required in this subsection shall be by direct line of sight from
the manager's station.
3)
It shall be the duty of the owners and operators and any agents
and employees present on the premises to ensure that the viewing area
remains unobstructed by any doors, walls, merchandise, display racks
or other materials at all times and to ensure that no patron is permitted
access to any area of the premises which has been designated in the
application submitted to the Township as an area in which patrons
will not be permitted.
4)
No viewing room shall be occupied by more than one person at
any time. No connections or openings to an adjoining viewing room
shall be permitted.
(q)
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place in which patrons
are permitted access at an illumination of not less than one-foot
candle as measured at the floor level. It shall be the duty of the
owners and operators and any agents and employees present on the premises
to ensure that the illumination is maintained at all times that any
patron is present on the premises.
(r)
If live performances are to be given, the premises in which
such live performances are to be offered shall contain a stage separated
from the viewing area shall not be accessible to the performers and
the performers shall not have easy access to the viewers present.
Z.
Windmill.
(1)
The base of a windmill shall be set back from all property lines
a minimum distance which represents 100% of the windmill height, as
measured from the base of the windmill at grade to the highest point
of the structure.
(2)
The applicant shall submit evidence that the windmill and its
method of installation have been designed by a registered engineer
and is certified by that registered engineer to be structurally sound
and able to withstand wind and other loads in accordance with accepted
engineering practice.
(3)
The minimum lot size of the lot on which the proposed windmill
is located, not lease area if the windmill is leased, shall be at
least two acres.
(4)
The windmill structure and any accessory equipment buildings
or cabinets shall be completely enclosed by at least a six-foot high
chain link or similar fence with self-latching gate to limit accessibility
to the general public.
(5)
All windmill structures shall be fitted with anti-climbing devices
as approved by the manufacturers for the type of installation proposed.
(6)
Existing vegetation on the site shall be preserved to the maximum
extent possible.
(7)
A minimum twenty-foot (in width) easement or right of way for
access shall be provided to the windmill which is adequate to accommodate
maintenance and emergency vehicles. A minimum of 12 feet (in width)
of the access road shall be improved with a dust-free, all-weather
(chip and shot) surface sufficient to accommodate the weight of vehicles
proposed to use the easement or right-of-way.
(8)
All windmill structures shall be subject to any applicable Federal
Aviation Administration (FAA) and airport zoning regulations.
(9)
No sign or other structure shall be mounted on the windmill
structure, except as may be required by the FCC, FAA or other governmental
agency.
(10)
Windmill structures shall be painted silver or have a galvanized
finish or may be painted green up to the height of adjacent trees
in order to reduce visual impact.
(11)
If the windmill is fully automated, adequate parking shall be
provided for periodic visits by maintenance workers. If the windmill
is not fully automated, one parking space shall be provided for each
employee on peak shift.
(12)
No windmill structure shall be illuminated, except as may be
required by the Federal Aviation Administration (FAA) or other governmental
agency.
(13)
A recording of a plat of subdivision or land development shall
not be required for a lease parcel on which a windmill is proposed
to be constructed, provided the equipment building is unmanned.
(14)
In the event any windmill ceases to be used as a windmill for
a period of six months, then the owner and/or operator of the windmill
or the owner of the land on which the windmill is located shall be
required to remove the same and, failing to do so, the Township may
cause the same to be removed and charge the cost of the removal to
the foregoing parties. In addition, the Township may file a municipal
lien against the land to recover the cost of the removal and attorney's
fees, as well as inspection fees incurred by the Township.
AA.
Car Wash.
(1)
All operations of a mechanical car wash including, brushing,
steaming and polishing shall take place in an enclosed building. Final
spot wiping may be done as the cars exit the wash.
(2)
Self-service car washing facilities shall be under a roofed
structure which has at least two walls.
(3)
Drainage water from the washing operation shall be controlled
so that it does not flow or drain onto berms, streets, alleys or other
property.
(4)
The facility shall be connected to public sanitary and storm
sewers.
(5)
Driveway entrances shall be located at least 30 feet from the
right of way line of the intersection of any public streets.
(6)
All access drives and waiting areas shall be paved and shall
be large enough to accommodate all traffic at peak operating periods
so that the operation shall not conflict with normal street operation.
Design plans shall be accompanied by a traffic study showing, but
not limited to, projected peak operating capacity in relation to driveway
and waiting area design.
(7)
Access shall be from an arterial or collector street.
(8)
Parking. One off-street parking space for each employee on the
largest shift plus four off-street spaces in waiting line for each
washer.
CC.
Kennel.
[Added by Ord. No. 2451, 11/16/2020]
(1)
No site preparation or construction shall commence, nor shall
existing structures be occupied, until final land development plan
review has been completed and permits have been issued by all government
agencies involved.
(2)
No residential use may be established on any lot used as a kennel.
(3)
Shelters for the housing of animals shall not be located closer
than 100 feet to any lot line.
(4)
Outdoor areas utilized by or for animals shall not be located
closer than a minimum of 100 feet to any lot line.
(5)
A buffer yard shall be required to be installed and maintained along all property boundary lines. Such buffer yards shall meet all standards set forth in § 27-1403 of this chapter.
(6)
Licensure by the Commonwealth of Pennsylvania and ongoing compliance
with all applicable laws, rules, and regulations established by the
Commonwealth of Pennsylvania and the Allegheny County Health Department
[including but not limited to those relating to maximum capacity,
minimum space per animal, enclosure (cage) specifications, and noise
and odor control requirements] shall be required.
(7)
Appropriate provisions for the proper disposal of animal waste
shall be demonstrated and maintained. Under no circumstances shall
animal waste be placed into the public sewer system; best management
practices shall be employed to provide for the removal and disposal
of animal waste.
(8)
The Township shall be permitted to conduct periodic inspections
of the kennel's site to ensure compliance with the provisions of this
chapter or any additional, specific conditions of land development
approval.
5.
Industrial Uses.
A.
Manufacturing.
(1)
Manufacturing, including the production, processing, cleaning,
testing, and distribution of materials, goods, foodstuffs and products.
(2)
Within the I-1 District manufacturing shall be limited to food
products, musical and small precision instruments, electrical appliances,
metal products of a light nature including heating and ventilating
ducts and equipment, hardware and cutlery, and other similar products,
manufacturing or assembly of electrical appliances and other uses
of a similar and no more objectionable character to those principal
uses permitted.
(3)
Parking. Three off-street parking spaces for every four employees
on the largest shift, plus one space for each company vehicle normally
stored on the premises.
B.
Research.
(1)
Research, testing, or experimental laboratory.
(2)
Parking. Three off-street parking spaces for each four employees
on the largest shift, or one off-street parking space for every 250
square feet of gross floor area, whichever is greater, plus one space
for each company vehicle normally stored on the premises.
C.
Wholesale.
D.
Printing.
E.
Contracting.
(1)
Contracting offices and shops such as building, cement, electrical,
heating, masonry, painting and roofing.
(3)
Parking. Three off-street parking spaces for each four employees
on the largest shift, or one off-street parking space for every 250
square feet of gross floor area, whichever is greater, plus one space
for each company vehicle normally stored on the premises.
G.
Crafts.
(1)
Plumbing shop, carpentry shop, cabinet-making, furniture-making
and similar crafts.
(2)
Parking. Three off-street parking spaces for each four employees
on the largest shift, or one off-street parking space for every 500
square feet of gross floor area, whichever is greater, plus one space
for each company vehicle normally stored on the premises.
H.
Vehicle Salvage Yard.
(1)
The deposit or storage of two or more motor vehicles not having
valid inspection stickers issued by the Pennsylvania Department of
Transportation, or of two or more wrecked or broken vehicles, or the
major parts of two or more such vehicles, or the major parts of two
or more such vehicles, shall be deemed to make the lot a vehicle salvage
yard.
(2)
Any outdoor display of vehicles shall be at least 40 feet from
any street right-of-way.
(3)
No vehicle intended for salvage or without a valid inspection
and registration shall be permitted in the front yard.
(4)
All lubricant and fuel oil substances which are to be stored
on the site shall be stored with all necessary precautions taken to
prevent their leakage and/or surface or subsurface drainage into streams,
creeks, or other bodies of water. A plan detailing how these materials
will be stored in compliance with this requirement shall be submitted
with the application for a zoning certificate.
(5)
All hazardous materials shall be stored in a safe manner and,
where required, shall be in receipt of a permit for such storage.
(6)
Within the I-1 District all operations shall be within an enclosed
building or high-fenced area.
I.
Junkyard.
(1)
No material shall be placed in any junkyard in such a manner
that it is capable of being transferred out of the junkyard by wind,
water or other natural causes.
(2)
All paper, rags, cloth and other fibers and activities involving
the same, other than loading and unloading, shall be within fully
enclosed buildings.
(3)
All junkyard materials and activities not within fully enclosed
buildings shall be surrounded by an opaque fence at least eight feet
in height, and maintained in good condition. Any gate in such fence
shall be similarly constructed and maintained, and shall be kept locked
at all times when the junkyard is not in operation.
(4)
Screening shall be required in accordance with Part 14.
J.
Public Warehouse/Storage Facility.
(1)
Any premises upon which buildings are erected for public warehouse
and/or storage facilities subject to the following additional provisions:
K.
Heliports or other Aircraft Landing Areas.
(1)
The applicant shall provide evidence that the heliports or other
aircraft landing areas will be constructed and installed to meet all
current federal, state, and local building and fire codes.
(2)
Heliports or other aircraft landing areas must be approved by
the Bureau of Aviation of the Commonwealth of Pennsylvania prior to
the issuance of a building permit.
(3)
Prior to usage a plan of the property owned by the intended
user must be submitted to the Ross Township Zoning Officer and must
be physically inspected by the Ross Township Building Code Official
and Fire Marshall to be certain that the construction code requirements
have been met.
(4)
The heliport or other aircraft landing field may not be utilized
(except for emergency purposes) between the hours of 6:00 p.m. and
9:00 a.m.
(5)
The heliport or other aircraft landing field may only be utilized
as a valuable adjunct to the business or businesses being operated
in the I-1 Zoning District.
(6)
The operation of the heliport or other aircraft landing field
must not adversely affect the peace, privacy and general welfare of
the occupants of any residences located in the vicinity of the same.
(7)
The heliport or other aircraft landing area must be capable
of "safe" operation in the discretion of air traffic safety engineers.
(8)
Heliports or other aircraft landing fields shall be permitted
only in the I-1 Zoning District and not permitted in any other zoning
district within the Township of Ross.
(9)
Prior to the commencement of the heliport or other aircraft
landing field use, the Board of Commissioners of the Township of Ross
have the power to require such physical demonstrations as to the suitability
of the site as may be determined appropriate by the Board of Commissioners
of the Township of Ross.
L.
Self-Storage Mini Warehouse.
(1)
Caretakers' quarters are permitted as an accessory use, one
parking space must be provided per 500 square feet of floor area of
the caretakers' quarters. However, no more than two spaces are required
for each caretakers' quarters.
(2)
Land area must be greater than 10 contiguous acres in size.
(3)
Self storage/mini warehouse shall be limited to dead storage
of goods not in active use. The storage of flammable liquids, highly
combustible or explosive materials, hazardous chemicals is prohibited,
including propane and gasoline engine or storage tanks.
(4)
No other activities other than rental of storage units and pickup
and deposit of dead storage shall be allowed on the premises.
(5)
All storage shall be within an enclosed building.
(6)
The minimum distance from the face of any storage building to
the face of any adjacent storage building shall be 28 feet for storage
units which are less than 15 feet in depth and 42 feet for storage
units which are more than provide safe and adequate traffic flow.
(7)
Prohibit glare due to site lighting.
(8)
Provide buffering in conformance with the provisions of § 27-1403 so as to provide sufficient screening to protect the neighborhood from inappropriate noise and other disturbance.
(9)
Parking. One off-street parking space for each 350 square feet
of gross floor area used or intended to be used for servicing employees
and customers.
M.
Landscape Contracting and Supply Business.
(1)
Commercial landscape contractors and the storage of their vehicles,
equipment and supplies.
(2)
The site shall be improved by a building having a permanent
foundation with a gross floor area of not less than 900 square feet.
The use of trailers for this requirement shall be strictly prohibited.
(3)
Outside storage of equipment and supplies shall not occupy an
area greater than 50% of the lot coverage.
(4)
Outside storage of equipment and supplies shall be shielded
from the view of public streets and adjacent lots.
(5)
Parking. Three off-street parking spaces for each four employees
on the largest shift, plus one space for each company vehicle, trailer,
or piece of equipment stored on the premises.
(6)
The accumulation of waste, materials and residue (from the operation
of the landscape contracting and supply business) in vehicles and/or
equipment shall be prohibited.
N.
Landscape Supply Business.
(1)
A "landscape supply business" shall be permitted as a conditional
use in an I-1 area of the Township of Ross.
(a)
The Ross Township Board of Commissioners, upon the recommendation
of the Planning Commission may impose conditions:
1)
Requiring the storage, display and sale of landscape supply
materials to be located behind the greenhouse (the main use).
2)
Requiring the landscape supplies be properly screened and buffered
such that the visual impact is nonexistent to minimal.
3)
Requiring that odors shall not impact neighboring uses.
4)
Requiring that the business must comply with the Ross Township ordinance provisions set forth in § 27-1401, "Performance Standards," regarding noise, dust and odors, as well as such other conditions that will minimize the effect that the landscape supply business has upon the health, safety and welfare of the residents of the Township of Ross.
(b)
Parking. One parking space for each employee at the maximum
shift and one space for each 200 square feet of sales area.
(c)
Application and Site Plan. The site plan submitted to the Township
must illustrate any areas to be used for the bulk storage of supplies
and must demonstrate the applicant's ability to control noise, dust
and odors.
O.
Medical Marijuana Grower/Processor.
[Added by Ord. No. 2390, 5/1/2017]
(1)
A medical marijuana grower/processor shall provide proof of
registration with the Department of Health, or proof that registration
has been sought and is pending approval, and shall at all times maintain
a valid, accurate, and up-to-date registration with the Department
of Health. Should registration be denied or revoked at any time, any
Township approval shall immediately become void.
(2)
A medical marijuana grower/processor shall at all times operate
in compliance with all Department of Health regulations pertaining
to such facilities.
(3)
A medical marijuana grower/processor shall only grow, store,
harvest or process medical marijuana in an indoor, enclosed, secure
facility, which includes electronic locking systems, electronic surveillance
and any other features required by the Department of Health.
(4)
A medical marijuana grower/processor shall provide only wholesale
products to medical marijuana dispensaries. Retail sales and dispensing
of medical marijuana and related products is specifically prohibited
at the medical marijuana grower/processor.
(5)
A medical marijuana grower/processor must be located on a lot
containing not less than 10,000 square feet.
(6)
A medical marijuana grower/processor may not be located within
1,000 feet of the property line of a public, private or parochial
school, day-care center, public park, or place of worship unless this
requirement is waived by the Department of Health.
(7)
A medical marijuana dispensary shall submit a disposal plan
to be reviewed and approved by the Township. Medical marijuana remnants
and by-products shall be disposed of according to an approved plan
and shall not be placed within an exterior refuse container.
(8)
Parking shall include three off-street parking spaces for every
four employees on the largest shift, plus one space for each company
vehicle normally stored on the premises.
(9)
A medical marijuana grower/processor may not be located within
300 feet of any residential district.
[Added by Ord. No. 2413, 7/16/2018]
6.
Accessory Uses.
A.
Home Occupation.
(1)
A home occupation shall conform to the following regulations:
(a)
The home occupation shall be carried on wholly indoors and within
a dwelling.
(b)
There shall be no use of show windows or display or advertising
visible outside the premises to attract customers or clients.
(c)
There shall be no exterior storage of materials.
(d)
No external alterations shall be made which involve construction
features not customary to dwellings.
(e)
No articles shall be sold or offered on premises for sale.
(f)
Frequent and repetitive servicing by commercial vehicles for
supplies and materials shall not be permitted.
(g)
The home occupation shall be operated only by members of the
immediate family residing in the dwelling.
(h)
The floor area devoted to a home occupation shall not be more
than 25% of the ground floor area of the principal residential structure,
excluding garage.
(i)
No use of mechanical equipment, no noticeable noise, odor or
nuisance will be allowed.
(j)
"Home occupation" is an occupation carried on in a dwelling
solely by the dwellers therein, as a secondary use; but, it shall
not include the employment of any assistants, the use of mechanical
equipment, noticeable noise, odor or nuisance, the display or storage
for sale of goods, signs or advertisement of commodities or services,
or the conduct of a retail business.
(k)
Parking. Two off-street parking spaces in addition to space
otherwise required.
(2)
A home occupation may include any of the following: art studio,
teaching of not more than four pupils simultaneously; or in the case
of musical instruction not more than two pupils at a time; seamstress,
handicrafts or other like activity; barber shop and beauty parlor
limited to serving two patrons at a time; housing boarders limited
to three or less persons and greenhouse.
(3)
Parking. Two off-street parking spaces in addition to spaces
otherwise required.
B.
No-Impact Home-Based Business.
(1)
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, deliver or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
(a)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(b)
The business activity shall employ no employees other than family
members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which
creates noise, glare, fumes, odors or electrical or electronic interference,
including interference with radio or television, which is detectable
in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(h)
The business shall not involve any illegal activity.
C.
Accessory Office.
(1)
Accessory office of realtor, insurance salesman, physician,
lawyer, clergyman, teacher or other profession of like character provided
that:
(a)
The area devoted to the permitted professional use shall be
located within the practitioner's dwelling.
(b)
There shall be no use of show windows or display or advertising
visible outside the premises to attract customers or clients.
(c)
The floor area devoted to such professional use shall be equivalent
to no more than 25% of the ground area covered by the practitioner's
dwelling, excluding the ground area covered by an attached garage
or such other similar building.
(d)
Frequent and repetitive servicing by commercial vehicles for
supplies and materials shall not be permitted.
(e)
No external alterations shall be made which involve construction
features not customary to dwellings.
(f)
No signs shall be permitted.
(2)
Parking. Two off-street parking spaces in addition to spaces
otherwise required.
D.
Residential Accessory Buildings and Structures.
[Amended by Ord. No. 2379, 1/17/2017]
(1)
Residential accessory buildings and/or structures, as defined in § 27-202, Definitions, shall meet the following standards:
(a)
Front Yard. They shall not be permitted within the required
front yard, being the area from the front of the principal building
and the street.
(b)
Side Yards. They may be located within the required side yard,
being the area extending from either side of the front to rear wall
of the principal building to the side property line, and shall not
be located closer than five feet to any side property line.
(c)
Rear Yard. They may be located within the required rear yard,
being the area from the rear wall of the principal building to the
rear property line, and shall not be located closer than 15 feet to
the rear property line if the square footage is between 100 to 720
square feet and not closer than five feet to the rear property line
if the square footage is less than 100 square feet.
(d)
Size, Height and Maximum Number. No more than two residential
accessory buildings with a combined square footage of 720 square feet
shall be permitted per zoned lot within the Township, and the height
of each shall not exceed 14 feet as measured from the finished floor
level to the peak.
(2)
Parking of commercial vehicles exceeding 3/4-ton loading capacity
shall be within a completely enclosed building, which shall comply
with the setback requirements of the principal structure.
(3)
Recreational facilities, such as tennis courts, paddle tennis
platforms and swimming pools, which abut a residential district, shall
provide adequate screening or fencing in order to protect the area
from inappropriate noise, glare or other disturbance.
(5)
Carports may be permitted over a driveway in a portion of a
side or rear yard, provided that such structure is:
(6)
Swimming pools in all residential districts shall be required
to have a minimum side yard of five feet and a minimum rear yard of
15 feet. Swimming pools are not permitted in front yards.
E.
Commercial Accessory Structure.
(1)
Commercial accessory buildings shall conform to the yard requirements
of the underlying zoning district for a principal building except
as indicated below:
(a)
The overall height of any commercial accessory building shall
be 20 feet.
(2)
Commercial accessory uses shall conform to the requirements
of the most closely related use in this section.
(3)
Outside storage shall not be considered an accessory use.
(4)
Parking. Parking shall conform to the requirements of the most
closely related use in this section.
F.
Commercial Outside Storage or Display.
(1)
Outside storage or display, other than storage as a primary
use of the land, necessary but incidental to the normal operation
of a primary use; subject to the following additional provisions.
(a)
No part of the street right-of-way, no sidewalks or other areas
intended or designed for pedestrian use, and no required parking areas,
shall be occupied by outside storage or display.
(b)
Outside storage and display areas shall occupy an area of less
than 1/2 the existing building coverage.
(c)
Outside storage and display areas shall be shielded from view
from the public streets and adjacent lots.
(2)
Uses requiring more substantial amounts of land area for storage or display may be exempt form the provisions of Subsection 6E(2) and (3) of this section when granted as a conditional use. Such use shall be subject to the following additional provisions:
(a)
In particular, uses appropriate for consideration under this
provision include, but are not limited to, greenhouses, lumberyards,
automotive sales, truck sales, and truck terminals.
(b)
Among the uses that shall not be considered appropriate for
inclusion under this provision are retail stores, repair shops, gasoline
service stations, vehicle and inspection repairs, wholesale business
and storage, contractor offices and shops, and crafts.
(c)
The outside storage or display shall provide screening and buffering,
as seen necessary by the Commissioners, to protect the area from inappropriate
noise, glare and other disturbance.
(d)
The outside storage or display shall provide safe and adequate
traffic flow.
(3)
Sales inventory must be stored inside or screened and inaccessible
to the public or stored in such a way as to not impede pedestrian
and traffic flow, sight distances, or parking.
(4)
All required buffers and setbacks must be maintained.
(5)
Seasonal sales activities shall also be by conditional use on
a time-limited basis not to exceed 45 days.
(6)
Permits for seasonal sales activities may be issued at the discretion
of the Building Inspector as long as the requirements set forth herein
for parking, buffers and setbacks are met. Permit fees shall be determined
by the Board of Commissioners.
G.
Temporary Structure or Use.
(1)
A temporary permit may be issued for structures or uses necessary
during construction or other special circumstances of a nonrecurring
nature, subject to the following additional provisions:
(a)
There is no reasonable alternative to the temporary use.
(b)
The temporary use does not involve the erection of a substantial
structure or require any other permanent commitment of the land. A
substantial structure is hereby defined as a structure which would
require the issuance of a building permit under the applicable Ross
Township ordinances.
(c)
The temporary use will not have any detrimental effects on adjacent
properties and will be in general harmony with surrounding uses.
(d)
The temporary use will comply with the parking requirements
of this chapter.
(e)
The temporary use will not create excessive traffic hazards
on adjacent streets and that traffic control, if necessary, shall
be provided at the expense of the applicant.
(f)
The applicant shall have sufficient liability insurance for
the requested use and a certificate of insurance naming the Township
of Ross as an additional insured shall be presented to the Ross Township
Building Code Official prior to the issuance of a temporary use permit.
(g)
The applicant shall provide, at the applicant's own expense,
for the restoration of the site of said use to its original condition,
including such clean up, washing and replacement of facilities as
may be necessary. This shall be done within two weeks of the expiration
date of the temporary permit or the conclusion of the temporary use,
whichever occurs first.
(h)
The Ross Township Board of Commissioners may impose such restrictions
and regulations as it may deem necessary and appropriate to the specific
temporary use permit granted.
(2)
The Ross Township Board of Commissioners shall establish permit
fees for a temporary use by resolution duly adopted; provided, however,
that any volunteer organization may be exempt from the payment of
the permit fee. An organization claiming to be exempt shall make application
for said exemption to the Ross Township Building Code Official. In
the event that the exemption is not granted by the Ross Township Building
Code Official, the application may appeal to the Board of Commissioners
for a review of the Building Code Official's decision. The applicant
shall submit such documentation as the Board of Commissioners shall
require to enable it to determine if the applicant is "exempt."
(3)
The temporary permit shall be valid for one year. An extension
of up to two months per extension, for a maximum of three extensions,
may be granted upon written request to the Zoning Officer. Such request
must be made at least one month prior to the expiration of the temporary
permit.
(4)
None of the terms and provisions of this section shall be applicable
to any Ross Township Volunteer Fire Company.
H.
Parabolic or Satellite Dish Antennae.
(1)
Parabolic or satellite dish antenna measuring less than two
feet in diameter, across the widest section of the dish, shall be
permitted by right, provided the provisions delineated below are met.
(2)
All parabolic or satellite dish antennae shall be subject to
the following provisions:
(a)
No such antenna shall be located in any front yard.
(b)
No such antenna shall be located on the roof of any accessory
building.
(c)
No more than one satellite or parabolic dish antenna shall be
located on any one lot.
(d)
In all residentially zoned districts, no such antenna exceeding
four feet in height, diameter or depth shall be installed on any roof
or above a building. In all commercially zoned districts, no such
antenna exceeding 12 feet in height, diameter or depth shall be installed
on any roof or above any building.
(e)
In all residentially zoned districts, when roof-mounted, the
satellite or parabolic dish antenna shall be located so that it is
not visible from the street.
(f)
The diameter of any satellite or parabolic dish antenna, other
than those installed on a roof or above a building, shall not exceed
12 feet.
(g)
No part of any free-standing antenna structure shall be located
any closer than 10 feet from any property line.
(h)
The maximum height of any free-standing satellite or parabolic
dish antenna shall be 15 feet.
(i)
When any free standing satellite or parabolic dish antenna is
wholly or clearly visible from the street adjoining the lot, evergreen
screening at least six feet in height shall be provided to reduce
visibility from the street.
(j)
In granting the special exception, the Zoning Hearing Board
may attach other reasonable conditions warranted to protect the public
health, safety and welfare including, not limited to, fencing, screening
and increased setbacks.
(3)
Amateur radio equipment including ham or citizen band radio
antennas shall be subject to the following express standards and criteria:
(a)
The antenna shall be located at least 15 feet from the dwelling
unit on the lot.
(b)
Antennae which do not exceed 30 feet in height shall be located
at least 15 feet from any property line. Antennae which exceed 30
feet in height shall provide an additional one foot of clearance from
the property line for every one foot of height in excess of 30 feet.
(c)
The antenna shall not be permitted in any front yard.
(d)
The antenna shall be securely anchored in a fixed location on
the ground, and the applicant shall provide qualified evidence that
the proposed structure will withstand wind and other such natural
forces.
(e)
The antenna and its associated supports, such as guy wires or
the yard area containing the structure, shall be protected and secured
to guarantee the safety of the general public. Associated structures
and guy wires shall not be closer than five feet from any property
line.
(f)
In granting the special exception, the Zoning Hearing Board
may attach other reasonable conditions warranted to protect the public
health, safety and welfare including, but not limited to, fencing,
screening and increased setbacks.
(4)
Whenever any antenna, as defined in this Subsection 6H, (a) is disconnected or abandoned for a period of six months, or (b) becomes in a state of disrepair so as to become a danger to persons or property in the area, then the property owner shall be required to remove said antenna within 30 days of receipt of a written notice from the Building Code Official. The Building Code Official is empowered to enforce this provisions by entering upon any property affected in order to determine the status or conditions of any antenna.
I.
Wireless Communications Antennas and Towers.
(1)
Wireless communications antennas shall met the following provisions:
(a)
An antenna which is proposed to be mounted on an existing building
or structure, other than existing communications tower, shall not
exceed the height of the building or structure by more than 15 feet.
(b)
The applicant shall submit certification from a structural engineer
that the structural capacity of any existing building or structure
on which an antenna is proposed to be mounted is adequate to withstand
wind and other loads associated with the antenna's location.
(c)
Any equipment necessary for the operation of the antenna that
is located on the ground shall be enclosed with at minimum a six-foot
high chain link fence and shall be landscaped so as to screen the
equipment from abutting properties.
(d)
Wireless communications antennas shall not be located on any
single-family dwelling or two-family dwelling.
(e)
The applicant shall submit evidence that the wireless communications
antennas will comply with all applicable standards established by
the Federal Communications Commission governing human exposure to
electromagnetic radiation.
(f)
The wireless communications equipment building shall be subject
to the height and setback requirements for commercial accessory buildings.
(2)
Wireless communications towers shall met the following provisions:
(a)
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission (FCC) to operate a wireless communications
facility.
(b)
Any applicant proposing a new freestanding wireless communications
facility antenna tower structure shall demonstrate that a good faith
effort has been made to obtain permission to mount the antenna on
an existing building, structure, or communications tower. A good faith
effort shall require that all owners of potentially suitable structures
within a 1/4-mile radius of the proposed communications tower site
be contacted and that one or more of the following reasons for not
selecting such building, structure or communications tower apply:
1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
2)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
3)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
5)
A commercially reasonable agreement could not be reached with
the owners of such structures.
(c)
The minimum lot size of the lot on which the proposed tower
is located, not lease area, shall be at least two acres.
(d)
The applicant shall demonstrate, using technological evidence,
that the proposed height of the wireless communications tower is the
minimum height necessary to function effectively.
(e)
The base of a freestanding wireless communications facility
antenna tower structure shall be set back from all property lines
a minimum distance which represents 100% of the tower height, as measured
from the base of the antenna support structure at grade to the highest
point of the structure. Guy wires shall meet the dimensional yard
requirements of the underlying zoning district.
(f)
The applicant shall submit evidence that the tower structure
and its method of installation have been designed by a registered
engineer and is certified by that registered engineer to be structurally
sound and able to withstand wind and other loads in accordance with
accepted engineering practice.
(g)
The applicant shall demonstrate that the proposed antenna and
any tower structure are safe and that surrounding areas will not be
negatively affected by tower structure failure, falling ice or other
debris, electromagnetic fields or radio frequency interference.
(h)
All guy wires and all guyed towers shall be clearly marked so
as to be visible at all times.
(i)
The tower structure and any accessory equipment buildings or
cabinets shall be completely enclosed by at least a six-foot high
chain link or similar fence with self-latching gate to limit accessibility
to the general public.
(j)
All tower structures shall be fitted with anti-climbing devices
as approved by the manufacturers for the type of installation proposed.
(k)
Existing vegetation on the site shall be preserved to the maximum
extent possible.
(l)
A minimum twenty-foot (in width) easement or right of way for
access shall be provided to the tower which is adequate to accommodate
maintenance and emergency vehicles. A minimum of 12 feet (in width)
of the access road shall be improved with a dust-free, all-weather
(chip and shot) surface sufficient to accommodate the weight of vehicles
proposed to use the easement or right of way.
(m)
All tower structures shall be subject to any applicable Federal
Aviation Administration (FAA) and airport zoning regulations.
(n)
No sign or other structure shall be mounted on the tower structure,
except as may be required by the FCC, FAA or other governmental agency.
(o)
Tower structures supporting antennas shall be painted silver
or have a galvanized finish or may be painted green up to the height
of adjacent trees in order to reduce visual impact.
(p)
If the wireless communications facility is fully automated,
adequate parking shall be provided for periodic visits by maintenance
workers. If the wireless communications facility is not fully automated,
one parking space shall be provided for each employee on peak shift.
(q)
No antenna or tower structure shall be illuminated, except as
may be required by the Federal Aviation Administration (FAA) or the
Federal Communications Commission (FCC).
(r)
A recording of a plat of subdivision or land development shall
not be required for a lease parcel on which a communications tower
is proposed to be constructed, provided the communications equipment
building is unmanned.
(s)
In the event any tower ceases to be used as a communication
facility for a period of six months, then the owner and/or operator
of the tower or the owner of the land on which the tower is located
shall be required to remove the same and, failing to do so, the Township
may cause the same to be removed and charge the cost of the removal
to the foregoing parties. In addition, the Township may file a municipal
lien against the land to recover the cost of the removal and attorney's
fees, as well as inspection fees incurred by the Township.
(3)
Ross Township shall comply with all federal and state laws regarding
the modification of existing approved wireless communications antennas
and towers. Modification of existing approved wireless communications
antennas and towers shall be approved if such modification does not
substantially change the physical dimensions of the antenna and/or
tower. Owners/operators of wireless communications antennas and towers
seeking to modify the antenna and/or tower shall submit the following
documentation to the Township:
(a)
Site plans.
(b)
All necessary Township permit applications and fees including,
but not limited to, building permits and electrical permits.
(c)
Documentation that the requested modification does not substantially
change the physical dimensions of the antenna and/or tower.
(d)
Authorization from the property owner, if different from the
applicant.
J.
Landscape Supply Business.
(1)
When a "Landscape Supply Business" is an accessory use to a
"Greenhouse" business which is the main use of a parcel of land, it
shall be by conditional use approval.
(2)
The Ross Township Board of Commissioners, upon the recommendation
of the Planning Commission may impose conditions:
(a)
Requiring the storage, display and sale of landscape supply
materials to be located behind the greenhouse (the main use).
(b)
Requiring the landscape supplies be properly screened and buffered
such that the visual impact is nonexistent to minimal.
(c)
Requiring that odors shall riot impact neighboring uses.
(d)
Requiring that the business must comply with the Ross Township
Ordinance provisions set forth in Part 14, "Performance Standards,"
regarding noise, dust and odors, as well as such other conditions
that will minimize the effect that the landscape supply business has
upon the health, safety and welfare of the residents of the Township
of Ross.
(3)
Parking. One parking space for each employee at the maximum
shift and one space for each 200 square feet of sales area.
(4)
Application and Site Plan. The site plan submitted to the Township
must illustrate any areas to be used for the bulk storage of supplies
and must demonstrate the applicant's ability to control noise, dust
and odors.
[Ord. 2035, 12/9/2002, § 906; as amended by Ord.
2229, 5/14/2007, § 1; by Ord. 2259, 1/28/2008, § 1;
by Ord. 2288, 4/12/2010; and by Ord. 2322, 1/7/2013, § 5]
[1]
Editor's Note: The Residential Use Dimensional Regulations Table is included as an attachment to this chapter.
[Ord. 2035, 12/9/2002, § 907; as amended by Ord.
2230, 5/14/2007, § 1; by Ord. 2288, 4/12/2010; and by Ord.
2322, 1/7/2013, § 6]
[1]
Editor's Note: The Commercial Use Dimensional Regulations Table is included as an attachment to this chapter.
