Township of New Hanover, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 3/29/1990A, § 300; as amended by Ord. 93-2, 2/8/1973, § 15]
Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied for the purposes permitted in § 27-305, Use Regulations, and for the zoning districts so indicated in Part 4, R-2 Residential District, through Part 16, HI Heavy Industrial District. On any property, parcel or tract of land, only one use shall be permitted and accessory uses specifically permitted under § 27-305.
[Ord. 3/29/1990A, § 301]
1. 
A use listed in Part 4, R-2 Residential District, through Part 16, HI Heavy Industrial District, as a use permitted by right is permitted subject to such requirements as may be specified in § 27-305, Use Regulations, and after a zoning permit has been issued in accordance with Part 25.
2. 
A use listed in Part 4, R-2 Residential District, through Part 16, HI Heavy Industrial District, may be permitted as a special exception provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of § 27-305, Use Regulations, and Part 26, Zoning Hearing Board, and such further restrictions as said Board may establish.
3. 
A use listed in Part 4, R-2 Residential District, through Part 16, HI Heavy Industrial District, may be permitted as a conditional use provided the Board of Supervisors, having received positive recommendations from the Planning Commission, grants the conditional use subject to the expressed standards set forth in § 27-305, Use Regulations, and Part 25, Administration and Conditional Uses, and such further conditions that the Board of Supervisors may impose to insure the protection of adjacent uses, or the health, safety or general welfare.
4. 
A use not listed in Part 4, R-2 Residential District, through Part 16, HI Heavy Industrial District, as noted above, is not permitted in the specific zoning district.
[Ord. 3/29/1990A, § 302; as amended by Ord. 93-2, 2/9/1993, § 16; and by Ord. 09-04, 8/10/2009, § 2]
1. 
Uses permitted by right, by conditional use or by special exception 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 thereof.
2. 
In particular, the laws of the commonwealth regarding water supply and waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the County Health Department for sewage disposal, unless the premises are served by public sewage facilities.
3. 
Any nonresidential use provided for under §§ 27-302 through 27-306 will, in addition require, at the discretion of the Board of Supervisors, land development plan review and approval under the provisions of Chapter 22, Subdivision and Land Development.
4. 
All uses provided for under §§ 27-302 through 27-306 will, in addition, require park and recreation areas and recreational infrastructure, as required by § 22-835, Standards for Park and Recreation Areas; Fee in Lieu of Dedication, of Chapter 22, Subdivision and Land Development.
[Ord. 3/29/1990A, § 303; as amended by Ord. 05-06, 8/22/2005, § 3]
Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to § 27-305, Subsection 9, Use I3.
[Ord. 3/29/1990A, § 304; as amended by Ord. 93-2, 2/8/1993, §§ 17 — 38; as amended by Ord. 95-8, 9/25/1995, §§ 3A, 4A, 4B, 5; by Ord. 95-8B, 11/27/1995, §§ 8 — 15; by Ord. 97-7, 10/13/1997, § 27-305; by Ord. 98-4, 4/27/1998, § 2; by Ord. 98-6, 6/22/1998, §§ 2 — 5; by Ord. 99-2, 6/28/1999, §§ 4 — 20; by Ord. 01-6, 10/22/2001, §§ 9 — 18; by Ord. 04-01, 2/23/2004 §§ 1 — 3; by Ord. 04-02, 4/26/2004, § 1; by Ord. 05-06, 8/2/2005, §§ 4 — 12; by Ord. 06-01, 2/13/2006, §§ 13 — 15, 17; by Ord. 06-02, 1/30/2006, §§ 8, 10; by Ord. 06-03, 4/24/2006, § 2; by Ord. 07-03, 3/26/2007, §§ 4 — 6, and 17; by Ord. 07-08, 10/8/2007, § 2; by Ord. 09-03, 6/22/2009, §§ 7 — 15; by Ord. 12-02, 6/19/2012, §§ 2 — 5; by Ord. 12-04, 10/8/2012, §§ 1 — 5; and by Ord. 17-03, 3/27/2017]
1. 
Agricultural Uses.
A. 
A1 General Farming. The production of agricultural, horticultural, arboricultural, viticultural and dairy products; the keeping of livestock, poultry and the products thereof; the products of poultry and bee raising; all buildings (barns, sheds, silos, etc.) associated with this use.
(1) 
Minimum lot area: three acres.
(2) 
Except for perimeter fencing or a fence along a pasture area, any building or structure devoted to feed lots, confinement areas, closed pens or structures used to provide shelter, confinement or containment for the keeping or raising of bees, livestock, horses or poultry shall be situated not less than 50 feet from any street line or property line.
(3) 
Silos shall be situated not less than 1.25 times the height of the silo from any street line or property line.
(4) 
Any building or structure, other than noted in Subsection 1A(2) and (3) above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(5) 
Riding academies, livery or boarding stable and commercial kennels are not included under this use. Refer to Uses A5 Riding Academy and A6 Kennel; Commercial.
(6) 
Retail sales shall meet the requirements of Use A7 Agricultural Retail.
(7) 
For the keeping of bees, adequate shade and water shall be provided in the immediate vicinity of the hives.
(8) 
The keeping or raising of livestock and poultry on parcels of land less than 10 acres in area shall be limited to the keeping and raising of one head of livestock or 50 fowl per one acre.
B. 
A2 Nursery. The outdoor raising of plants, shrubs and trees for sale and transplantation.
(1) 
Minimum lot area: 1.8 acres.
(2) 
Any building or structure shall meet the yard, lot, width and setback requirements for the applicable zoning district for Use B1 Detached Dwelling.
(3) 
Maximum impervious surface ratio: 3%.
(4) 
Retail sales shall meet the requirements of A7 Agricultural Retail.
C. 
A3 Intensive Agriculture. Commercial greenhouses; mushroom houses; feedlots; confinement livestock or poultry operations taking place in structures or closed pens.
(1) 
The keeping of animals and poultry shall be considered as an intensive agricultural use when the portion of the lot devoted to feedlots, confinement areas, closed pens or structures accommodate, shelter, confine or contain more than the equivalent of one per acre. The equivalent is determined by the total number of all animals and poultry kept on a designated portion of the lot. Animals not referenced in the following table shall be determined according to the requirements for animals of a similar type by the Zoning Hearing Board under § 27-2605, Powers and Duties; Interpretation.
Animals/Poultry
Equivalent
Horses, ponies, donkeys, mules, cows, cattle, steers
0.5
Sheep, goats, pigs, swine
0.25
Poultry
0.01
(2) 
A commercial greenhouse which uses temporary or seasonal covering to the greenhouse structures is considered an intensive agricultural use for the purpose of this chapter and shall meet the requirements of this section.
(3) 
Minimum lot area: ten acres.
(4) 
Except perimeter fencing or a fence along a pasture area, any building or structure devoted to feed lots, confinement areas, closed pens or structures used to provide shelter, confinement or containment for the keeping or raising of bees, livestock, horses or poultry, shall be situated not less than 50 feet from any street line or property line.
(5) 
Silos shall be situated not less than 1.25 times the height of the silo from any street or property line.
(6) 
Any building or structure, other than noted in Subsection 1C(4), (5), (11), and (13), shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(7) 
Maximum impervious surface ratio: 20%.
(8) 
Retail sales shall meet the requirements of Use A7 Agricultural Retail.
(9) 
All applicable regulations of the Pennsylvania Department of Environment Protection shall be met.
(10) 
Feedlots, pens and confinement areas shall not be situated less than 100 feet from any stream or swale.
(11) 
The raising of garbage-fed pigs is not permitted.
(12) 
Commercial dog kennels and the raising of animals for fur or skins are not included in this subsection. Refer to Use A6.
(13) 
No area for the storage or processing of manure, garbage or spent mushroom compost or structures for the cultivation of mushrooms shall be situated less than 200 feet from any street or property line.
(14) 
Parking. One off-street parking space for each employee is required.
D. 
A4 Forestry. Including commercial logging operations; clearing or destruction of forested or wooded areas as defined in § 27-202; selective cutting or clearing for commercial or development purposes; or clearing of vegetation in reserved open space or resource protection areas. Not included under this use are the authorized clearing in accordance with plans approved pursuant to this chapter, the removal of sick or dead trees, or the removal of trees in nondeed restricted areas.
(1) 
Clear-cutting of all vegetation shall not exceed areas of more than five acres or more than 20% of the forest in any one calendar year, whichever is less, except where pursuant to a state forestry cutting program.
(2) 
A reforestation program shall be submitted which shall show a program for reestablishment of the forest on a sustained yield basis, except where clearing is for agricultural use as in Subsection 1D(1), above.
(3) 
For commercial uses, a long-range cutting program shall be provided to insure that the forest is retained as an entity during the entire program. Such a program shall indicate the condition of the forest on a map showing adjoining land and neighbors, the year of each cutting and reforestation, and species of trees in reforestation.
(4) 
For clearing purposes, the proposed future use must be stated if any is identified.
(5) 
All plans shall show how the general habitat and visual block of the forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.
(6) 
Post a bond to insure reforestation.
(7) 
Sign an agreement to be recorded that no cutting or clearing shall be considered to reduce the area of forest for any development, proposed or not, pursuant to the provisions of § 27-2101, Subsection 1D, Woodlands.
E. 
A5 Riding Academy. An establishment where horses are boarded and cared for and/or where instruction in riding, jumping and showing is offered and/or the general public may, for a fee, hire horses for riding.
(1) 
Minimum lot area: five acres.
(2) 
Any building or structure, including fencing used for the keeping or raising of livestock or horses shall comply with the following regulations:
(a) 
Shall be situated not less than 200 feet from any existing neighborhood dwelling or swimming pool.
(b) 
Shall be situated not less than 50 feet from any property line.
(3) 
Silos shall be situated not less than 1.25 times the height of the silo from any street line or property line.
(4) 
Any building or structure, other than noted in Subsection 1E(2) and (3), above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(5) 
Retail sales of related items shall be limited to a maximum floor area of 750 square feet.
(6) 
Parking. One off-street parking space for every three persons present at such facilities when they are filled to capacity plus one additional off-street parking space for each full-time employee is required.
F. 
A6 Kennel; Commercial. An establishment, structure, lot or portion of a lot on or in which more than three dogs, cats or domestic pets more than six months old are housed, bred, boarded, trained or sold.
(1) 
Shows and/or competitions which occur on a property not more than twice in any calendar year are not regulated under this use.
(2) 
Minimum lot area: 10 acres.
(3) 
No animal shelter or run shall be located closer than 200 feet from any lot line or street line.
(4) 
Any building or structure, other than noted in Subsection 1F(3) above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling or the applicable zoning district.
(5) 
Retail sales of related items shall be limited to a maximum floor area of 750 square feet.
(6) 
No area for the storage, processing or spraying of animal waste shall be situated less than 200 feet from any street or property line.
(7) 
A zoning permit shall be obtained on an annual basis.
(8) 
The housing, breeding, boarding, training or selling of attack dogs or dogs trained for security purposes under this use is permitted only as a special exception. In addition to the considerations listed in § 27-2607, Powers and Duties; Special Exceptions, the applicant shall provide proof that adequate provisions shall be made to constrain and house the animals in order to ensure the safety of residents in the area.
(9) 
Parking. One off-street parking space for each employee plus one space for each 200 square feet of sales area is required.
G. 
A7 Agricultural Retail. The retail sales of agricultural products at roadside stands or other structures to the general public.
(1) 
Agricultural retail is an accessory use which shall be clearly subordinate to primary uses A1, A2 and A3.
(2) 
Except in the CB-2 Zoning District, products sold must be grown, produced or raised on the property.
(3) 
The maximum floor area shall be limited to 2,000 square feet for agricultural retail uses related to agricultural uses A1, A2 and A3.
(4) 
Agricultural retail uses shall meet the yard and setback requirements for the related primary agricultural use.
(5) 
Parking. One off-street parking space for each 200 square feet of sales area.
H. 
A8 Farm Unit. Detached dwelling units for the sole use of the property owner, immediate family members of the property owner and persons engaged in agricultural employment on the property. Immediate family members shall be limited to parents, grandparents, siblings, sons and daughters.
(1) 
A farm unit is an accessory use which shall be clearly subordinate to primary uses A1, A2, A3, A5 and A6.
(2) 
Minimum lot area: 20 acres per unit.
(3) 
Maximum number of units: one primary unit for the property owner or his immediate family and one unit as a tenant house.
(4) 
A farm unit shall meet the minimum yard and setback requirements of Use B1 Detached Dwelling, from any street line or property line and between other farm units on the property.
(5) 
Parking. Two off-street parking spaces per dwelling unit.
I. 
A9 Farm Support Facility. Commercial grain or commercial feed mill. Facility for the warehousing, sale and service of agricultural equipment, vehicles, feed or supplies.
(1) 
Minimum lot area: two acres.
(2) 
The lot shall have frontage on and take access from an arterial or a major or minor collector highway as designated in this chapter.
(3) 
No area for the storage or processing of manure, garbage or spent mushroom compost or structures for the cultivation of mushrooms shall be situated less than 200 feet from any street or property line.
(4) 
Parking. One off-street parking space for every 500 square feet of total floor area plus one space for each company vehicle normally stored on the premises.
J. 
A10 Kennel; Noncommercial. An establishment, structure or lot on or in which dogs, cats or domestic pets are kept for private purposes.
(1) 
No animal shelter or runs shall be located closer to the property or street line than the minimum yard requirements specified for the principal use.
(2) 
A noncommercial kennel may be established only as an accessory use.
(3) 
Except for the sale of young animals born to pets kept under the permanent care of the occupants, no animals shall be sold or offered for sale on the property.
2. 
Residential Uses.
A. 
B1 Detached Dwelling. A single detached dwelling unit on an individual lot with private yards on all sides of the house and with no required public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.
(1) 
If the dwelling is a mobile home the following conditions shall also apply:
(a) 
No more than one mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single family.
(b) 
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.
(c) 
Each mobile home shall be in accordance with the requirements and regulations of the applicable building code adopted by New Hanover Township.
(2) 
Area and Dimensional Requirements.
Minimum Yards
District
Minimum Lot Area
Minimum Lot Width
(feet)
Maximum Bldg. Cov.
(Percent)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
R-2
2.0
250
15
40
30
60
R-2M
2.0*
250*
15*
40*
30*
60*
R-25
1
15,000 square feet
94
20
40
15
30
2
25,000 square feet
100
20
40
15
40
R-15
1
15,000 square feet
94
20
40
15
30
2
25,000 square feet
100
20
40
15
40
RV
18,000 square feet
90
20
20
15
30
R-5
50,000 square feet
150
15
40
20
60
 
Refer to § 27-503, Subsection 2, for Area Dimensional Requirements in R-2M District.
 
With Township-operated sewer service, and Township or community-operated water service.
 
Without Township-operated water and sewer services.
(3) 
Refer to § 27-2105, Fee in Lieu of Recreation Land, for recreation land requirements.
(4) 
Parking. Two off-street parking spaces shall be required for each single-family dwelling.
B. 
B2 Performance Standard Development. A development or subdivision that permits a variety of housing types subject to a series of performance standards. The performance standard development requires the provision of open space and limits density and impervious surfaces. The following housing types are permitted subject to the dimensional requirements as indicated below.
(1) 
Detached Dwelling. A single detached dwelling unit on an individual lot with private yards on all sides of the house. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.
(a) 
If the dwelling is a mobile home the following conditions shall also apply:
1) 
No more than one mobile home shall be placed on a single lot, and such mobile home shall be occupied by not more than a single family.
2) 
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.
3) 
Each mobile home shall be placed in accordance with the requirements and regulations of the applicable building code adopted by New Hanover Township.
(b) 
Dimensional Requirements.
Minimum lot area
8,000 square feet
Maximum building coverage
30%
Minimum yards:
Front
30 feet
Side
10 feet
Rear
40 feet
Minimum lot width at setback
70 feet
(2) 
Detached Dwelling; Off-Center. A single detached dwelling unit on an individual lot with private yards on all sides of the house. The building is set close to one side property line with a side yard which may be reduced to five feet and the other side yard shall be no less than 15 feet.
(a) 
A fence, wall or hedge shall be placed in the wider side yard, extending from the dwelling to the side property line and shall be parallel to the street. The fence, wall or hedge may be broken by a walkway not exceeding four feet in width or a driveway to parking areas in the side or rear of the lot. The driveway shall be 10 feet in width.
1) 
The fence or wall shall be of permanent construction and shall be four to six feet in height.
2) 
The hedge material shall be planted on three foot centers and shall meet the requirements of § 27-2106, Buffer Yards, and Table 27-3, Subsection D, Hedge, and Subsection E, Hedgerow.[1]
[1]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(b) 
Dimensional Requirements.
Minimum lot area
7,000 square feet
Maximum building coverage
30%
Minimum yards
Front
20 feet
Rear
35 feet
Minimum lot width at setback
60 feet
(3) 
Village House. A single detached dwelling unit on an individual lot with private yards on all sides of the house. It differs from the other forms of detached housing in the lot size and placement on the lot. It is similar to houses found in historic villages and towns. The house is placed close to the street and is additionally distinguished by planting or architectural treatments.
(a) 
Each unit shall meet two or more of the following characteristics:
1) 
An unenclosed porch, running across at least 0.75 of the house front, being at least seven feet in width.
2) 
A front yard raised above sidewalk grade by at least 30 inches and a retaining wall of at least 18 inches at the sidewalk line.
3) 
A front yard enclosed by a wall or fence of permanent construction at least 30 inches in height and one flowering shrub per 60 inches across the width of the front of the house.
(b) 
Dimensional Requirements.
Minimum lot area
6,000 square feet
Minimum lot width
50 feet
Minimum setbacks:
House
15 feet front
30 feet rear
5 feet sides
Garage
25 feet front
30 feet rear
5 feet sides
Canopy trees
2-inch caliper (§ 27-2106, Table 27-3, Subsection A)
Flower trees
2-inch caliper (§ 27-2106, Table 27-3, Subsection B)
Flowering shrubs
3 feet high (§ 27-2106, Table 27-3, Subsections D and E)
Hedge shrubs
3 feet high (§ 27-2106, Table 27-3, Subsection F)
Maximum building coverage
35%
(4) 
Twins. A semidetached dwelling unit having only one wall in common with another dwelling unit with two dwelling units per structure.
(a) 
Dimensional Requirements.
Minimum lot area per dwelling unit
4,000 square feet
Maximum building coverage
35%
Minimum front yard
30 feet
Minimum side yard
10 feet
Minimum rear yard
20 feet
Minimum lot width at setback
30 feet
(5) 
Duplex. A semidetached dwelling unit with one dwelling unit located above the other dwelling unit having two dwelling units per structure.
(a) 
Dimensional Requirements.
Minimum lot area (per dwelling unit)
4,000 square feet
Maximum building coverage
40%
Minimum front yard
30 feet
Minimum side yard
15 feet
Minimum rear yard
20 feet
Minimum lot width at setback (per building)
60 feet
(6) 
Patio House. A detached or semidetached unit with one dwelling unit from ground to roof having individual outside access. Except for the street setback, the lot shall be fully enclosed by a wall four to six feet in height. All living spaces, i.e., living rooms, dens and bedrooms, shall open onto a private open area or patio.
(a) 
Dimensional Requirements.
Minimum lot area
3,600 square feet
Maximum building coverage
35%
Maximum lot width at setback
40 feet
Minimum patio area
15% (ratio to lot area)
Maximum building height
24 feet
Minimum patio dimension
20 feet
Minimum setback-street
15 feet
(7) 
Atrium House. An attached dwelling unit with one dwelling unit from ground to roof having individual outside access. The front and rear of each building shall be attached to a courtyard which is fully enclosed by a wall or fence three feet to four feet in height, measured above finished grade. Courtyard walls parallel to the side walls of each dwelling shall be constructed of ornamental masonry materials. All living spaces including, but not limited to, living rooms, dens, and bedrooms, shall open onto a private open area, courtyard, or atrium.
(a) 
Dimensional Requirements.
Minimum lot area
2,000 square feet
Minimum lot width
40 feet
Maximum building coverage
65%
Minimum courtyard area
20% (ratio to lot area)
Maximum height
35 feet
Minimum courtyard dimension
12 feet
(8) 
Weak-Link Townhouse. An attached dwelling, having individual outside access, with one dwelling unit from ground to roof. Each dwelling shall consist of a one-story portion and a two-story portion, with the one-story portion occupying a required portion of the minimum lot frontage. A row of attached dwellings shall not exceed five dwelling units.
(a) 
Dimensional Requirements.
Minimum lot area
3,000 square feet
Minimum lot width
30 feet
Minimum width one story
10 feet
Building coverage
60% (ratio to lot area)
Minimum building setback
Street line
15 feet
Parking area
10 feet
Pedestrian walkway
5 feet
Minimum building spacing
30 feet
Minimum rear yard
20 feet
(b) 
To create architectural interest in the layout and character of the buildings, variations in setbacks, materials, roof lines and design are encouraged. In any case, the facade of every third dwelling unit shall be offset by two feet from the adjoining unit.
(9) 
Townhouse. An attached dwelling unit from ground to roof, having individual outside access. A row of attached townhouses shall not exceed five units in a building.
(a) 
Dimensional Requirements.
Minimum lot area
2,000 square feet
Minimum lot width
22 feet
Maximum building coverage
50% (ratio to lot area)
Minimum building setback:
Street line
30 feet
Parking area
10 feet
Pedestrian walkway
5 feet
Minimum rear yard
20 feet
Minimum building spacing
30 feet
(b) 
To create architectural interest in the layout and character of the buildings, variations in setbacks, materials, roof lines and design are encouraged. In any case, the facade of every third dwelling unit shall be offset by two feet from the adjoining unit.
(10) 
Apartment. A grouping of dwelling units sharing common elements which may include common outside access. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. Apartment shall contain three or more dwellings in a single structure.
(a) 
Dimensional Requirements.
Minimum Apartment Size
(square feet)
Minimum Lot Area Per DU
(square feet)
Efficiency
400
1300
1 br
500
1750
2 br
650
2000
3 br
800
2250
4 br
950
2500
Each additional bedroom, den, family room or recreation room
150
Maximum impervious surface
Ratio (on-lot)
50%
Minimum lot area (per building)
1 acre
Minimum building setback
Street line
50 feet
Parking area
30 feet
Pedestrian walkway
5 feet
Maximum number of units per building
16
Minimum building spacing
50 feet
Minimum street frontage
100 feet
Maximum building height
35 feet
(b) 
To create architectural interest in the layout and character of the buildings, variations in setbacks, materials, roof lines and design are encouraged. In any case, the facade of the building shall be varied with a minimum offset of six feet every 40 feet.
(c) 
The maximum length of an apartment building shall be 120 feet.
(11) 
Performance Standards. The following requirements apply to Subsection 2B(1) through (11).
District
Minimum Site Area
(acres)
Maximum Density
(du/ac)
Minimum Open Space
(%)
Maximum Impervious Surface %
Dwelling Types
R-15
10
4.0
35
30
All
R-25
20
3.0
40
30
Detached, Off-center, Village House, Twin, Duplex
(12) 
Dwelling Unit Mix. A mix of dwelling unit types is necessary to promote a balanced community. Therefore, a mix is required, based on the number of dwelling units as set forth in the accompanying table.
Number of Dwellings in Development
Minimum Required Number of D.U. Types
Maximum Percent any D.U. Type
Minimum Percent and D.U. Type
1-60
1
100%
20%
61-150
2
60%
15%
151-400
3
40%
10%
401 or more
4
40%
5%
(13) 
Convenience Store. A performance standard development may, if approved by the Board of Supervisors as a conditional use, include an individual or a group of retail convenience stores including grocery (as distinct from a supermarket), drugstore, stationery store, tobacco news stand and similar uses as may be approved by the Board of Supervisors, providing the following conditions are satisfied:
(a) 
The development and all its phases shall have 300 or more residential dwelling units.
(b) 
The total floor area devoted to all convenience commercial uses in one development, including all phases, shall not exceed 2,500 square feet.
(c) 
No restaurants, luncheonettes, soda fountains or other such uses where food is intended to be consumed on the premises shall be permitted.
(d) 
Gasoline service stations, fuel pumps, adult commercial uses as defined in Use F4 Adult Commercial or arcades, indoor places of amusement, recreation, or assembly, including game rooms, shall be prohibited. No drive-through facilities shall be permitted.
(e) 
No convenience store use or group of uses shall be permitted within 1/2 mile of other existing general retail or convenience store uses except where it would be necessary for a motorist or pedestrian to cross an arterial highway as identified in Chapter 22, Subdivision and Land Development.
(f) 
Minimum lot area per group of shops: one acre.
(g) 
Dimensional Requirements.
Minimum Lot Width at Setback Line
(feet)
Maximum Impervious Surface Ratio %
Minimum Yards
(Feet)
Front
Side
Rear
200
60
50
20
50
(h) 
Lighting on pole fixtures shall not exceed 10 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed an average of 0.5 footcandle at the property line or boundary of the convenience store use, whichever is less.
(i) 
The perimeter of the convenience commercial area which abuts residential uses shall include a twenty-five-foot wide buffer area. Within the buffer area, plant material shall be provided to develop a visual screen. Hedge or shrub material shall be planted on three-foot centers and shall be at least three feet in height when planted. One evergreen or one ornamental tree shall be provided for each 25 feet along the perimeter. The Board of Supervisors may permit the staggering or grouping of the evergreens and ornamental trees. Pedestrian access may be provided through the buffer yard.
(j) 
The convenience store or stores shall be designed so as to be compatible with the surrounding residential uses, with structural features including roofs with ridge, shed or hip design; exterior siding materials shall consist of brick or stone and wood siding; windows and doors shall not exceed 50% of the area of any one elevation.
(k) 
Signs shall not exceed 12 square feet per street frontage. Wall or projecting signs shall be permitted; however, free-standing signs are not permitted. All such signs shall be indirectly illuminated by a white light not exceeding 1.5 footcandle. One sign is permitted per use. No separate sign shall be erected which identifies a grouping of shops.
(l) 
Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view with plant material and/or wooden fence.
(m) 
Parking. One off-street parking space for each 200 square feet of gross floor area used or intended to be used for servicing customers, plus one additional space for every full time employee.
(n) 
Convenience commercial uses shall be reviewed by and may be permitted as conditional uses by the Board of Supervisors.
(o) 
The portion of the site devoted to convenience commercial uses, associate parking, buffer yards and related areas shall not be used for the calculation of the number of dwelling units permitted in the development.
(14) 
Performance standards developments may be used only where Township operated sewer and water services are available.
(15) 
Off-Street Parking Requirements.
(a) 
Minimum number of spaces-two parking spaces.
(b) 
An additional one-fourth parking space per dwelling unit for overflow off-street parking shall be required where garages and/or driveways are utilized to fulfill the off-street parking requirement.
(16) 
Traditional Neighborhood Design. The maximum density permitted under Subsection 2B(12), Performance Standards, may be increased from 4.0 dwelling units per acre to 4.4 dwelling units per acre in the R-15 District and from 3.0 dwelling units per acre to 3.3 dwelling units per acre in the R-25 District when all of the following provisions are met:
(a) 
The minimum front yard requirements for the dwelling types listed in Subsection 2B(1), Detached Dwellings, (4), Twins, (5), Duplex, (10), Townhouse and (11), Apartment, shall be reduced to 20 feet. The maximum front yard setback shall be 25 feet.
(b) 
Common Parking Areas. All common parking areas for the use of two or more dwelling units shall be placed to the rear of the dwelling units. Dwellings shall be located between common parking areas and streets.
(c) 
Garages. At least 80% of the dwelling units, other than apartment units, in the development shall have garages which meet one of the following design options:
1) 
The garage is side entry, so that the garage doors are perpendicular or radial to the street which the front facade faces.
2) 
The garage is front entry and setback at least 15 feet from the front facade of the house.
3) 
The garage is located at or behind the rear facade of the house. This garage may be detached from or attached to the house, and the garage doors may face any direction.
4) 
The garage is rear entry, so that the garage doors are on the opposite side of the house from the front facade. Alley access is encouraged, but not required.
(d) 
Open Space. One or more centrally located open space, park areas shall be provided which meet the following standards.
1) 
At least one-half of the required open space shall be located in one or more contiguous parks.
2) 
The park or parks shall be centrally located within the development and conveniently accessible from all lots in the development. The park or parks shall be accessible by sidewalks or paved trails from all dwellings in the development.
3) 
Each open space, park shall be at least 20,000 square feet in area, shall be surrounded along at least one-half of its perimeter by roads or streets, and shall be configured so that the open space has an internal area with a minimum radius of 50 feet.
4) 
Street trees shall be provided along the perimeter of the street frontage, in accordance with the street tree provisions of Chapter 22, Subdivision and Land Development.
5) 
Detention basins and other stormwater impoundment areas, except for landscaped wet ponds, shall not be located in the central park open space areas used to meet the requirements of this subsection.
(e) 
Street Trees. Street trees shall be provided in accordance with Chapter 22, Subdivision and Land Development.
(f) 
Sidewalks. Sidewalks shall be provided in accordance with Chapter 22, Subdivision and Land Development.
(g) 
Streets. Streets shall be interconnected with each other and with streets on abutting properties. Culs-de-sac shall not be used, unless no other street lay-out is physically feasible.
C. 
B3 Mobile Home Park. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
(1) 
Dimensional Requirements.
Types
Minimum Lot Area
(square feet)
Minimum Lot Width at Bldg. Setback
(feet)
Maximum Building Coverage
(%)
Minimum Yards
(Feet) Rear
Minimum Distances Between Units
(feet)
Front
Side
Rear
Single-wide units to 61 feet
5,000
40
30
20
10
15
30
Single-wide Units 61 feet or longer
5,250
40
30
20
10
15
30
Double-wide units
7,000
60
30
30
10
15
30
(2) 
Performance Standards for Mobile Home Park.
Minimum site area
10 acres
Maximum density
4.0 du/ac
Minimum open space ratio
30%
Maximum impervious surface ratio
30%
Minimum building setback
Abutting street lines
100 feet
Rear or side property lines
50 feet
Interior street lines
10 feet
(3) 
Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars or set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least two feet by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.
(4) 
No more than one mobile home shall be placed on a mobile home lot, and such mobile home shall be occupied by not more than a single family. No more than one residential accessory building or structure of not more than 120 square feet in floor area may be placed on a mobile home lot.
(5) 
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.
(6) 
Every mobile home and open space area shall have access to an improved street in the mobile home park in accordance with Chapter 22, Subdivision and Land Development.
(7) 
Developers of mobile home parks will be required to comply with applicable parts of Chapter 22, Subdivision and Land Development, and to the Building Code of New Hanover Township,[2] except as follows. No mobile home shall be permitted in the mobile home park which fails to meet the standards of the Building Code of New Hanover Township and which does not bear the seal of the Department of Housing and Urban Development (HUD), which seal indicates the mobile home conforms to their standards. In case regulations herein described conflict with those of the Building Code of New Hanover Township, these regulations shall govern.
[2]
Editor's Note: See Ch. 5, Code Enforcement, Part 2, Uniform Construction Code.
(8) 
Before the first occupancy of any of the lots in a mobile home park is permitted, at least 30 lots shall be completed and ready for occupancy. No lot shall be occupied until the streets, utilities and all other required improvements, including the common open space, to serve them shall be installed and approved by the Township. No mobile home lot shall be rented for occupancy except for a period of 60 days or more.
(9) 
No part of a mobile home park shall be used for nonresidential purposes, except common open space shall be used for the pleasure and recreation of the park residents, an office may be used for the park management, necessary utility structures, common laundry facilities and necessary buildings for the storage of maintenance equipment.
(10) 
All entrances shall conform to the standards of the Pennsylvania Department of Transportation and when the entrance is from a state road, shall be approved by them. When the entrance is from a Township road, it shall be approved by the Township Engineer. The entrances shall take into account the traffic on the public street and that to be generated by the park residents. Acceleration and deceleration lanes may be required as well as two lane entrances and two lane exits.
(11) 
The mobile home park shall have a central water supply and distribution system. The system shall conform to Section 502.1, Standard for Mobile Home Parks, publication of the National Fire Protection Association (NFPA) and any other applicable codes, and approved by the Township Engineer. The water system shall provide for fire protection in mobile home parks of over 200 units.
(12) 
Mobile home parks may be used only where municipally operated sewer and water services are available. Individual lateral connections to the street sewer and to the mobile home shall conform to applicable Township and state regulations.
(13) 
The electrical distribution system shall be underground and shall conform to the National Fire Protection Association (NFPA) standards for mobile home parks and any other applicable codes. Each mobile home shall have not less than 100 amp service.
(14) 
If the mobile home park is to have gas service to the homes, the same shall have to conform to applicable NFPA regulations and any other applicable codes.
(15) 
All streets in the park shall be illuminated at a minimum level of 0.6 footcandles, service to light standards shall be underground.
(16) 
Telephone lines shall be underground. There shall be a central television antenna system with underground service to each mobile home.
(17) 
Except for paved areas, areas beneath mobile homes and cultivated areas, all ground shall be planted and maintained in grass. The grass shall be regularly cut. No weeds or wild growth, except for native trees, shall be permitted anywhere in the park.
(18) 
Licenses are not transferable. Notice in writing shall be given the Board of Supervisors within the 10 days after a mobile home park has been sold, transferred, given away, leased or the controlling interest otherwise disposed of. A transfer of certificate by the Pennsylvania Department of Environmental Protection shall be required and a new application to the Township shall be made.
(19) 
The park shall furnish the Township a list of tenants of the park. Any change in tenancy shall be reported to the Township within one week. The Board of Supervisors shall have the power to inspect the park register, containing a record of all residents of the mobile home park, at any reasonable time.
(20) 
Minimum Off-Street Parking. Two spaces for three bedrooms or less; three spaces for four bedrooms or more. Asphaltic macadam material shall be used for parking spaces.
D. 
B4 Group Home. This use is to provide living arrangements for a group of persons who, due to age, disability or handicap, are not able to live without care. The intent of this use is to offer these persons an alternative whereby they can be placed in a family type setting. Groups contemplated by this use include the mentally handicapped, physically handicapped, emotionally handicapped and elderly. The residents live in the facility for a long term period of time.
(1) 
A group home shall comply with the minimum lot area, lot width and front, side and rear yard requirements for that type of dwelling in the applicable zoning district.
(2) 
The number of persons living in such a group home shall not exceed eight in number. Support staff, which does not reside at the group home residence, shall not be included in the maximum number of eight. It is the intent of this chapter that any number in excess of eight persons actually residing at the subject premises would tend to decrease the familial concept, detract from effective family interaction and would tend to create an institutional atmosphere.
(3) 
A community residential facility must be sponsored and operated by a group, organization or corporation licensed by either the county or the state. Proof of compliance with all applicable county or state regulations shall be furnished to the Township Zoning Officer prior to the granting of the zoning permit.
(4) 
Sewer and water services shall be provided in accordance with Chapter 22, Subdivision and Land Development, and the Township Sewage Facilities Plan.
(5) 
No community residential facility shall be constructed within a 1/4 mile radius of any other community residential facility (measured from unit to unit).
(6) 
Refer to § 27-2102, Application of Natural Resource Protection Standards, § 27-2104, Open Space in Residential Developments, and § 27-2105, Fee in Lieu of Recreation Land, for recreation land requirements.
(7) 
Parking. One space for each staff member on duty for the shift with the highest number. In addition, if the occupants of the facility are capable of operating a motor vehicle, one space per bedroom shall be provided.
E. 
B5 Life Care Facility. A life care facility is a form of residential use designed and operated for individuals requiring certain support facilities. This use is subject to the following restrictions:
(1) 
Dimensional Requirements.
Minimum lot area
5 acres
Minimum front yard
75 feet
Minimum side yards
50 feet
Minimum rear yard
50 feet
Minimum lot width
250 feet
(2) 
Maximum density: four dwelling units per acre.
(3) 
Maximum impervious surface ratio: 30%.
(4) 
Maximum height: three stories, 35 feet.
(5) 
Support Facilities.
(a) 
Retail facilities shall be for use of residents and their guests only. No outside advertising is permitted. The life-care retail facilities may occupy no more than 0.1% of the total floor area. Retail facilities shall be limited to the following uses:
1) 
Barber shop.
2) 
Beauty parlor.
3) 
Pharmacy (as an adjunct to the life-care nursing facility commissary).
4) 
Newsstand.
5) 
Gift shop.
6) 
Snack bar/coffee shop.
7) 
Handicraft shop.
8) 
Thrift shop.
(b) 
Nursing Facility. This facility shall be designed for the temporary and long-term care of the residents of the life-care facility. Nursing beds within this facility shall not exceed one per three dwelling units.
(c) 
Other support facilities may include, but are not limited to, lounge areas, reading rooms, craft rooms, common dining facilities and recreational rooms.
(6) 
Open Space and Passive Recreational Area. At least 50% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor dining areas and pedestrian walks. No outdoor sitting areas shall be located on land subject to flooding or on slopes in excess of 5%.
(7) 
Off-Street Parking. There must be .85 off-street parking spaces per bedroom. In addition to one off-street parking space for each employee on the largest shift, or one off-street parking space for each four nursing facility beds, whichever is greater, shall be provided.
(8) 
Fire Protection. All rooms in the life-care facility shall be provided with sprinkler systems for fire protection and shall contain and be served by wet charged stand pipes to the top floor.
(9) 
Location to Service. Due to the dependence of the elderly on alternate means of transportation and the need for acquiring access to primary services, a life-care facility must be located within 1/4 of a mile to the following services:
(a) 
Post office.
(b) 
Drugstore.
(c) 
Regional shopping center.
(d) 
Grocery store.
(e) 
Dry cleaner.
(f) 
Restaurant.
(g) 
Beauty parlor.
(h) 
Barber shop.
(i) 
House of worship.
(j) 
Public transportation.
(k) 
Movie house.
(l) 
Bank.
(m) 
Library.
If this is not possible, the developer of a life-care facility shall submit to the Township a transportation plan which shall outline a transportation service for the residents of the life-care facility, to be provided by the owner or manager, providing access to these services at reasonable intervals. This plan must be approved by the Township as a condition for approval of use.
(10) 
Safety Features. It is necessary in the design and development of a life care center, that the safety and physical capabilities of the future residents be considered. The design features of the life-care center shall be such that potentially dangerous situations are minimized and the independence and mobility of the residents maximized. The following safety features shall be incorporated into the design of the life-care center as a condition of approval.
(a) 
Handle type spigots and doorknobs.
(b) 
Showers designed for wheelchairs, in place of tubs in at least 30% of the units.
(c) 
Nonskid surfaces in tubs and showers and on all floors.
(d) 
Control of water temperature to avoid accidental scalding.
(e) 
Flush door entrances for easy wheelchair access.
(f) 
Emergency signal systems in bathrooms and bedrooms connected with either an adjacent apartment or central office.
(g) 
Grab bars around all toilets and tubs. In addition, all grab bars and towel racks shall be made of noncorrosive metal and be able to support up to 250 pounds.
(h) 
All cooking stoves shall be electric. Burner controls shall be located in the front.
(i) 
Electric outlets shall be located at levels at least 24 inches above the floor.
(j) 
All light fixtures shall be located on the walls at convenient levels, to avoid accidents that might otherwise occur in the repair of ceiling fixtures.
(k) 
There shall be ramps or elevators in addition to stairs.
(l) 
All elevators shall have slow closing doors with sensitive reopening mechanisms.
(m) 
Handrails shall be provided along all steps, hallways, ramps and sloped walks, both indoors and outdoors.
(n) 
Door closures shall require no more than five pounds of effort to open.
(11) 
A transportation impact study and water impact study shall be required as specified in this chapter.
(12) 
Parking. One off-street parking space for each dwelling unit. One-half parking space for each room without cooking facilities and for each four beds in a nursing hospice, assisted care or similar facility. One off-street parking space for each employee on the largest shift.
F. 
B6 Full Care Facility. A full care facility is a form of residential use designed and operated exclusively for individuals requiring skilled full-time care. Educational facilities may be an accessory use.
(1) 
Dimensional Requirements.
Minimum lot area
5 acres
Minimum front yard
75 feet
Minimum side yard
50 feet
Minimum rear yard
50 feet
Minimum lot width
250 feet
(2) 
Maximum density: eight bedrooms per acre, two persons per room.
(3) 
Maximum height: three stories, 35 feet.
(4) 
Open Space and Passive Recreational Area. At least 50% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting area shall be located in areas subject to flooding or on slopes in excess of 5%.
(5) 
Off-Street Parking. There must be .85 off-street parking spaces per bedroom. In addition, one off-street parking space for each employee on the largest shift, or one off-street parking space for each four bedrooms, whichever is greater, shall be provided. All parking lots shall be located to the side and rear of the building as it faces the street.
(6) 
Fire protection improvements shall be provided in accordance with applicable Township codes.
(7) 
A transportation impact study and water impact study shall be required as specified in this chapter.
(8) 
One-half parking space for each room without cooking facilities and for each four beds in a nursing, hospice, assisted care or comparable facility. One off-street parking space for each employee on the largest shift.
G. 
B7 Rooming or Boarding House. A dwelling used for the housing of roomers, boarders or lodgers with or without common eating facilities, including dormitories, fraternity or sorority houses, or other buildings of charitable, educational or philanthropic use.
(1) 
Dimensional Requirements.
Minimum lot area
2 acres
Minimum front yard
55 feet
Minimum side yards
50 feet
Minimum rear yard
50 feet
Minimum lot width
150 feet
(2) 
Maximum density: three bedrooms per acre, two persons per bedroom.
(3) 
Maximum height: three stories, 35 feet.
(4) 
Each sleeping room shall be limited to two beds and one person per bed.
(5) 
Parking. One off-street space per bedroom.
H. 
B8 Residential Conversion. The conversion of an existing principal building into two or more dwelling units.
(1) 
Detached dwellings which are converted must maintain the appearance of a detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may share the single front entrance. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.
(2) 
Except as may be necessary for purposes of safety in accordance with the preceding subsection, there shall be no major structural change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
(3) 
All septic systems must be approved by the County Health Department prior to the issuance of a zoning permit.
(4) 
Separate cooking and sanitary facilities shall be provided for each dwelling unit.
(5) 
Off-street parking spaces shall be located to the side or rear of the converted structure.
(6) 
Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge material as specified in § 27-2106, Buffer Yards, Table 27-3, Subsection D, Hedge, and Subsection E, Hedgerow,[3] shall be placed on three-foot centers. Alternately, a four- or five-foot fence may be erected which provides a visual screen.
[3]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(7) 
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pick-up days.
(8) 
The minimum lot width and minimum yard requirements for Use B1 Detached Dwelling shall be met for the applicable zoning district.
(9) 
Each converted structure shall have a recreation/patio area of at least 200 square feet per dwelling unit. The recreation/patio area shall not be located in the front yard or the minimum side or rear yards.
(10) 
The following minimum floor area requirements shall be met:
Type of Unit
Minimum Floor Area (square feet) Per Unit
Efficiency
400
1 Bedroom
500
2 Bedrooms
650
3 Bedrooms
800
4 Bedrooms
950
A minimum 120 square feet of floor area for each additional bedroom or a den, family room or recreation room shall be required.
(11) 
A minimum lot area requirement for Use B1 Detached Dwelling shall be met for each dwelling unit in a residential conversion.
(12) 
A property must be residentially occupied for at least seven years before it is converted.
(13) 
Parking. Two off-street parking spaces for dwellings having three bedrooms or less; three off-street parking spaces for dwellings having four bedrooms or more.
I. 
B9 Accessory Home Occupation. A customary home occupation for gain. An accessory home occupation is an accessory use that shall be clearly subordinate to the existing residential use of the property. Such uses shall meet the general standards and the specific standards related to the use as set forth below:
(1) 
General Standards. The following shall apply to all home occupations:
(a) 
A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. The home occupation shall be carried on wholly indoors.
(b) 
The maximum amount of floor area devoted to this home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less. At least 850 square feet of the total floor area must remain in residential use.
(c) 
In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this part.
(d) 
One sign is permitted per home occupation in conformance with § 27-2307, Subsection 1H.
(e) 
All commercial vehicles shall be parked on-lot and must be parked in a garage or an enclosed structure.
(f) 
Off-street parking spaces are not permitted in the front yard. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge material as specified in § 27-2106, Buffer Yards, Table 27-3, Subsection D, Hedge, and Subsection E, Hedgerow,[4] shall be placed on three-foot centers. Alternately, a four- to five-foot fence may be erected which provides a visual screen.
[4]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(g) 
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
(h) 
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.
(i) 
Home occupations shall not include the following: animal hospitals, commercial stables and kennels, funeral parlor or undertaking establishments, antique ships, tourist homes, restaurants, rooming-boarding-lodging houses, dancing schools, tea rooms and other business and trades which are customarily not found as an incidental use in a dwelling. Questions of applicability or interpretation shall be submitted to the Zoning Hearing Board.
(j) 
A zoning permit shall be required for accessory home occupations.
(2) 
Specific Use Standards. The following shall apply to specific types of accessory home occupations:
(a) 
Use B9a Professional Office. A professional office is a service oriented business use conducted within an enclosed area specifically designed for the functional needs of the use, wherein the professional services of the practitioner is the saleable commodity offered to the client. Professional offices include, but are not limited to, the following: office facility of a salesman, sale representative or a manufacturer's representative. Office facility of an architect, engineer, broker, dentist, doctor, psychiatrist, insurance agent, land surveyor, lawyer, real estate agent or accountant. Office facility of a minister, rabbi or priest; provided, that the office is open to the public or congregation. A professional office home occupation is a permitted accessory use providing that the home occupation complies with the following conditions and a zoning permit is obtained.
1) 
No more than two persons, other than resident members of the immediate family, may be employed.
2) 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a professional office shall provide one off-street parking space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
(b) 
Use B9b Personal Service. A service business including, but not limited to, barbers, beauticians or photographers.
1) 
Beauty parlors and barber shops may be permitted as a conditional use provided no more than two beauty parlor or barber chairs are provided.
2) 
No more than one person, other than resident members of the immediate family, may be employed.
3) 
This use may be permitted only in detached dwellings.
4) 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, personal services use shall provide one off-street parking space for each employee, plus one additional space for each 200 square feet of floor space devoted to patron use. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
(c) 
Use B9c Instructional Service. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The establishment of this home occupation shall not require a room or series of rooms specifically designed for that purpose.
1) 
Instructional services involving a maximum of four students at a time are permitted.
2) 
Instructional services involving musical instruments are only permitted in detached dwellings.
3) 
No persons shall be employed other than resident members of the immediate family.
4) 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, an instructional service shall provide one off-street parking space per two students being instructed at any one time. A maximum of four off-street parking spaces are permitted on one lot inclusive of residential parking.
(d) 
Use B9d Home Crafts. Home crafts are business activities whereby the commodity for sale is completely manufactured and may be sold on the site by the resident craftsman. Home crafts may include, but are not limited to, the following: artists, sculptors, dressmakers, seamstresses and tailors; and include such activities as model making, rug weaving, lapidary work and furniture making.
1) 
Home crafts are permitted only in detached dwellings and existing accessory buildings on the same lot.
2) 
No more than one person other than resident members of the immediate family may be employed.
3) 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a home craft shall provide one off-street space per 300 square feet of total floor area used for the home occupation. A maximum of four off-street parking spaces are permitted on one lot inclusive of the required residential parking.
(e) 
Use B9e Family Day Care. A family day care use is a facility in which care is provided for four or more children, but no more than six at any one time, who are not relatives of the care giver, where the child care areas are being used as a family residence.
1) 
Licensing, Approval and Permit Procedures. Prior to the final approval of the use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must register with the Department of Public Welfare, Bureau of Policy and Program Development, and provide a certificate of compliance issued by the Pennsylvania Department of Public Welfare under 55 Pa.Code, Article I, Licensing Approval.
2) 
This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
3) 
A minimum outdoor play area of 100 square feet of contiguous area shall be provided for each child as a recreational area for the children. This area shall not include any impervious surface or parking areas.
4) 
Family day care uses are only permitted as an accessory use in a detached dwelling.
5) 
The outdoor play area must be enclosed by a four-foot high fence which is deemed appropriate by the Township. The outdoor play area should be located to the side or rear of the property.
6) 
No more than two persons other than resident members of the immediate family may be employed.
7) 
Parking Standards. In addition to the off-street parking required for a single-family home, at least one additional off-street parking space is required for each employee.
8) 
The use shall be located on a public street.
(f) 
Use B9f Trades Business. The use of a residence as a base of operation for the business, but not including the conduct of any phase of the trade on the property. Trades included in this home occupation include, but are not limited to, electricians, plumbers, carpenters, masons, painters, roofers and similar occupations.
1) 
No more than one business vehicle may be parked on the property including noncommercial trucks and vans with loading capacities not exceeding 3/4 ton.
2) 
The area of the office, storage of materials and equipment (excluding vehicles), whether or not in an enclosed building, shall not exceed the limitations of Subsection 2I(1), General Standards, above.
3) 
No assembling, manufacturing, processing or retail sales shall be conducted on the property.
4) 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a trades business shall provide one off-street parking space for each business vehicle. A maximum of six off-street parking spaces are permitted on one lot inclusive of the required residential parking.
(g) 
Use B9g Repair Services and Other Home Occupations. A repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines and other goods but not including automobile, truck and motorcycle repairs. Other home occupations not specified in Uses B9a through B9f above.
1) 
No additional people other than resident members of the immediate family may be employed.
2) 
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.
3) 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, this accessory use shall provide one off-street space per 300 square feet of total floor area used for the home occupation.
J. 
B10 Residential Accessory Building, Structure or Use. Residential accessory building, structure or use including, but not limited to:
(1) 
Garages or parking spaces for the parking of passenger automobiles, including noncommercial trucks and vans with loading capacities not exceeding 3/4 ton. The area of any such garage shall not exceed 1,200 square feet, cumulative for all detached garages. The garage shall have a maximum height of 14 feet with one additional foot for each additional two feet in excess of the required setback, up to a maximum of 25 feet.
(a) 
No more than two commercial vehicles shall be parked on a residential property. Except in the R-2 and R-2M Residential Districts, commercial vehicles must be parked in an enclosed building.
(b) 
The parking of a tractor-trailer combination shall be parked or stored in approved facilities.
(2) 
Structures such as fences, walls or signs.
(3) 
Buildings such as storage sheds, bath houses and private green houses. The maximum area for such an accessory building shall not exceed 600 square feet cumulative for all accessory buildings. The maximum height shall not exceed 14 feet with one additional foot for each additional two feet in excess of the required setback, up to a maximum of 25 feet.
(4) 
Parking for Recreational and Other Vehicles. A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles or units include, but are not limited to, the following: travel trailers, truck-mounted campers, motor homes, folding tent campers, autos, buses or trucks adapted for vacation use, snowmobiles, mini bikes, all-terrain vehicles, go-carts, boats, boat trailers and utility trailers.
(a) 
No such vehicle shall be parked on the street.
(b) 
No more than two such vehicles not parked in a garage may be parked to the side or rear of the principal residential building. Additional recreational or other vehicles may be parked in an enclosed garage for the principal residential building. No such vehicles shall be parked in the required front yard for the applicable zoning district.
(5) 
Residential Swimming Pool. A residential swimming pool, including outdoor hot tubs, is any structure intended for swimming or recreational bathing that contains water in excess of 24 inches deep. This term includes inground, above-ground and on-ground swimming pools, hot tubs and spas.
(a) 
A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool.
(b) 
A swimming pool, filters, pumps and other associated mechanical equipment shall be located no less than 12 feet from a property line; however, no such items are permitted in any required front yard.
(c) 
The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable electrical code adopted by New Hanover Township.
(d) 
The pool shall be completely enclosed by a fence or wall not less than four feet in height. Protection shall be provided to restrict entry as required by the applicable building code adopted by New Hanover Township.
(e) 
There shall be no cross-connection with a public sewage system.
(f) 
The permanent inlet shall be above the overflow level of the pool.
(g) 
At the time of application for a zoning permit, it shall be the responsibility of the property owner to demonstrate that the drainage, including stormwater runoff, for a pool is adequate and will not interfere with the water supply system, with existing sewage facilities, and with public streets, and the pool shall not drain onto a neighboring property.
(6) 
Boarding Accommodations. The keeping of roomers, boarders or lodgers for compensation as defined in § 27-202 as an accessory use.
(a) 
No more than two roomers, boarders or lodgers shall be accommodated.
(b) 
The roomers, boarders or lodgers shall live within the principal residential building.
(c) 
No separate cooking facilities or dwelling unit may be created.
(d) 
One off-street parking space shall be provided for each roomer.
(7) 
Bus Shelter. A structure for the use of persons waiting for a bus.
(a) 
For each proposed bus shelter, a letter of acknowledgment and consent must be provided from the school district indicating that the proposed bus shelter is an actual bus stop location satisfactory to and approved by the school district. The Township must also be provided with proof of insurance from the company owning the bus shelter as well as the owner of the property upon which the shelter is located.
(b) 
Maximum floor area: 63 square feet.
(c) 
Such structures shall be located at least 12 feet from any cartway and property line.
(d) 
Two parallel signs, no more than six square feet each, may be attached to the structure. These signs may advertise goods, services, businesses or organizations not located on the property.
K. 
B11 Retirement Village. Retirement village is a residential use that is intended to provide for the development of communities for self-sufficient people of retirement age. A variety of manufactured and site-built housing types are permitted to provide flexibility in the choice of living styles and prices to meet the needs of people of retirement age. In addition to other applicable provisions of this chapter the following standards must be met in order to qualify for this use:
(1) 
The dwelling types shall meet the requirements of § 27-305, Subsection B2, B2 Performance Standard Development, (1), Detached Dwelling, through (11), Apartment, or B3 Mobile Home Park, Subsection 2C(1) through (20), for double-wide units.
(2) 
Dwelling Unit Mix. A mix of dwelling unit types is necessary to promote a balanced community. Therefore, a mix of dwelling types from among those identified in Subsection 2K(1), above, is required, based on the number of dwelling units as set forth in the accompanying table.
Number of Dwellings in the Development
Minimum Required Number of Dwelling Types
Maximum Percent of Any Dwelling Type
Minimum Percent of Any Dwelling Type
1-60
1
100%
20%
61-150
2
60%
15%
151-400
3
40%
10%
401 or more
4
40%
5%
(3) 
Each unit shall be provided with one or more of the following frontage improvements.
(a) 
An unenclosed porch, running across at least three-fourths of the house front, being at least seven feet in width.
(b) 
A front yard raised above the sidewalk grade by at least 30 inches and a retaining wall of at least 18 inches at the sidewalk line.
(c) 
A front yard enclosed by a wall offence of permanent construction at least 30 inches in height placed on the lot not more than four feet from the sidewalk.
(d) 
A row of flowering shrubs, one flowering shrub per 60 inches across the width of the front yard placed on the lot not more than five feet from the sidewalk.
(e) 
A hedge of shrubs planted 18 inches on centers across the width of the front yard placed on the lot not more than four feet from the sidewalk.
(4) 
One convenience store may be included in a retirement village, where approved as a conditional use by the Board of Supervisors in compliance with Subsection 2, Residential Uses, B2 Performance Standard Development, Subsection 2B(13), Convenience Store.
(5) 
Accessory home occupations shall meet the requirements of Subsection 2, Residential Uses, B9 Accessory Home Occupation, (1), General Standards, and shall be limited to those uses specified under clause (b), Use B9b, Personal Service, clause (c) Use B9c, Instructional Service and clause (d) Use B9d, Home Crafts.
(6) 
Performance Standards.
Minimum site area
40 contiguous acres
Maximum density
5.0 dwelling units per acre
Minimum open space ratio
25%
Maximum impervious surface ratio
40%
Minimum building setbacks:
Abutting street lines
100 feet
Rear or side property lines
50 feet
(7) 
No dwelling unit shall contain more than two bedrooms.
(8) 
The homeowners' association documentation or declaration of covenants shall provide that at least one resident of each dwelling unit shall be, at least, 55 years of age. No resident children shall be under the age of 18 years.
(9) 
Where approved as a conditional use by the Board of Supervisors, a community center for the use of the residents of the retirement village may be included and provide for meeting rooms or halls, multipurpose rooms, classrooms, craft shops, rest room facilities, libraries, laundry rooms, exercise rooms, kitchens, pantries or similar facilities.
(10) 
Municipal sewer service and Public Utilities Commission certified water service shall be required and provide by the developer.
(11) 
Parking. Two off-street parking spaces per dwelling unit. Not more than two off-street parking spaces shall be provided on any individual residential lot. One additional off-street parking space shall be provided for every three dwelling units for visitor and overflow parking. Visitor and overflow parking shall be located in common off-street parking lots. No on-street parking shall be permitted in any retirement village.
L. 
B12 Mixed Use Multifamily. B12 Mixed Use Multifamily are mixed use buildings with nonresidential use on the first floor of the building and multifamily dwelling units on higher floors. The Mixed Use Multifamily Use is specifically intended to be implemented in the TC Town Center District and shall adhere to density, area and dimensional standards of that zoning. These buildings shall also comply with both area and parking requirements for the specific nonresidential use allowed in the TC District and the following individual residential unit standards.
(1) 
Dimensional Requirements.
Minimum lot area per dwelling unit
8,000 square feet
Minimum dwelling unit area
800 square feet (efficiency)
1,500 square feet (1 BR)
2,200 square feet (2 BR)
2,500 square feet (3 BR)
2,700 square feet (4 BR)
(2) 
To create architectural interest in the layout and character of the buildings, variations in setbacks, materials, roof lines and design are encouraged. All mixed use multifamily building projects shall follow the guidelines found in Chapter 22, Subdivision and Land Development, § 22-836, Subsection 1B, Design Standards for TC-Town Center District; Specific Design Criteria and Guidelines. In any case, the facade of the building shall be varied with a minimum offset of four feet every 40 feet.
(3) 
The maximum length of a mixed use multifamily building shall be 160 feet.
(4) 
The maximum height of a mixed use multifamily building shall be 40 feet.
(5) 
In addition to the above, mixed use multifamily building projects shall adhere to § 27-1104, Density, Mix and General Layout Requirements.
3. 
Institutional Uses.
A. 
C1 Place of Worship. Any structure or structures used for worship or religious instruction (including social and administrative rooms accessory thereto), rectories and convents. Use C6 Cemetery may be permitted as an accessory use to this principal use.
(1) 
Dimensional Requirements.
Minimum lot area
2 acres
Minimum lot width
200 feet
Minimum front yard
65 feet
Minimum side yards
50 feet
Minimum rear yard
100 feet
(2) 
Parking. One off-street parking space for each two seats provided for patron use, or at least one off-street parking space for each 40 square feet of total 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. Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential use.[5]
[5]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
B. 
C2 School. Religious, sectarian or nonsectarian, denominational private school, or public school which is not conducted as a private gainful business; nursery schools operated as a nonprofit business.
(1) 
Access shall be taken from an arterial or collector highway.
(2) 
Dimensional Requirements.
Minimum lot area
10 acres
Minimum lot width
200 feet
Minimum front yard
75 feet
Minimum side yards
100 feet
Minimum rear yard
100 feet
(3) 
Outdoor play areas shall be 75 feet from side and rear property lines. Outdoor play areas shall be screened to protect the neighborhood from inappropriate noise and other disturbances as required in § 27-2106, Buffer Yards.
(4) 
Parking.
(a) 
Nursery School or Kindergarten. One off-street parking space for each faculty member and employee plus two additional spaces per classroom.
(b) 
Elementary School. One off-street parking space for each faculty member and employee plus one space per two classrooms and offices.
(c) 
Junior High School. One off-street parking space for each faculty member and employee plus one space per two classrooms and offices.
(d) 
Senior High School. One off-street parking space per each faculty member and employee plus one space per 10 students of projected building capacity.
(e) 
College and Junior College. One off-street parking space per faculty member and employee plus one space for each 10 classroom seats, or one off-street parking space for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.
(f) 
Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[6] when situated within 50 feet of land zoned for or in residential use.
[6]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
C. 
C3 Library or Museum. Library or museum, open to the public or connected with a permitted educational use, and not conducted as a private gainful business.
(1) 
Minimum lot area: two acres.
(2) 
Parking: one space per five seats or one space per 250 square feet of total floor area where no seats are provided. Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[7] when situated within 50 feet of land zoned for or in residential use.
[7]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
D. 
C4 Hospital. An establishment, licensed by the American Hospital Association, which provides health services primarily for in-patient medical or surgical care of the sick or injured, including related facilities, such as laboratories, out-patient departments, training facilities, central service facilities and staff offices as an integral part of the establishment.
(1) 
Minimum lot area: 10 acres.
(2) 
Any such establishment providing convalescent care or care for the chronically sick shall provide an additional lot area of not less than 1,000 square feet per bed in use for such long-term care. For the purpose of this chapter, long-term care shall mean care in excess of one month.
(3) 
Care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.
(4) 
Such use shall take access from collector or arterial highways only.
(5) 
Parking. Two off-street parking spaces for each patient bed. Parking areas must be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[8] when situated within 50 feet of land zoned for or in residential use.
[8]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
E. 
C5 Nursing Home. Licensed nursing or convalescent home.
(1) 
Density: 10 beds per acre.
(2) 
Parking: two off-street parking spaces for each patient or inmate bed. Parking areas must be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[9] when situated within 50 feet of land zoned for or in residential use.
[9]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
F. 
C6 Cemetery. A burial place or graveyard including mausoleum, crematory, columbarium, or chapel.
(1) 
Minimum lot area (except for pet cemetery): 10 acres.
(a) 
Minimum yards and setbacks: 100 feet.
(2) 
Minimum lot area for pet cemetery: three acres.
(a) 
Minimum yards and setbacks: 25 feet.
(3) 
Lot Coverage for Accessory Buildings and Parking Facilities. No more than 10% to a maximum of five acres, may be devoted to above-ground buildings or impervious surfaces not serving as burial markers or memorials.
(4) 
No burial plots, structures or parking areas shall be located within the one-hundred-year floodplain.
(5) 
Additional Requirements for Pet Cemetery.
(a) 
All grave markers shall be placed flush to the ground.
(b) 
All caskets shall be of durable construction and not subject to breakage or deterioration. Every casket shall be at least three feet below the existing grade. The owner or operator shall maintain at all times a current burial plot diagram showing all plots in use, which shall be available to the Township for inspection upon request.
(6) 
Parking. One off-street parking space for each employee and one off-street space for each four visitors in total capacity to the chapel. Parking areas must be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[10] when situated within 50 feet of land zoned for or in residential use.
[10]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
G. 
C7 Municipal Building or Use. New Hanover Township municipal buildings and uses including, and not limited to, administration buildings, police barracks, recreation buildings, libraries or road maintenance facilities.
(1) 
Parking. One off-street parking space for every employee, plus one space for every five seats in meeting areas. Parking areas must be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[11] when situated within 50 feet of land zoned for or in residential use.
[11]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
4. 
Recreational Uses; Governmental and Nonprofit.
A. 
D1 Recreational Facility. Recreational facility or park, owned or operated by New Hanover Township or other governmental agency.
(1) 
No outdoor active recreation area shall be located nearer to any lot line than 100 feet.
(2) 
Outdoor play areas shall be sufficiently screened and buffered so as to protect the neighborhood from inappropriate noise and other disturbances.
(3) 
Parking. One off-street parking space for each five persons of total capacity. Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[12] when situated within 50 feet of land zoned for or in residential use.
[12]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
B. 
D2 Private Recreational Facility. A recreational facility owned or operated by a nongovernmental agency.
(1) 
Minimum lot area: five acres.
(2) 
The use shall not be conducted as a private gainful business, nor shall it permit amusement parks, wild animal parks or zoos.
(3) 
No outdoor active recreation area shall be located nearer to any lot line than 100 feet.
(4) 
Outdoor play areas shall be screened with hedge or hedgerow material (§ 27-2106, Table 27-3, Subsection D, Hedge, and Subsection E, Hedgerow,[13] placed on three-foot centers) so as to protect the neighborhood from inappropriate noise and other disturbances.
[13]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(5) 
Parking. One off-street parking space for each five persons of total capacity, or at least one off-street parking space for each 50 square feet of total 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 employee. Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[14] when situated within 50 feet of land zoned for or in residential use.
[14]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
C. 
D3 Private Club. Private club or lodge other than Use D2.
(1) 
The use shall not be conducted as a private gainful business.
(2) 
The use shall be for members and their authorized guests only.
(3) 
Parking. One off-street parking space for each five members of total capacity, or at least one off-street parking space for each 50 square feet of total 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 employee. Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[15] when situated within 50 feet of land zoned for or in residential use.
[15]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
D. 
D4 Community Center. Community center, adult education center or other similar facility operated by an educational, philanthropic or religious institution.
(1) 
Minimum lot area: five acres.
(2) 
The use shall not be conducted as a private, gainful business.
(3) 
No outdoor recreation area shall be located nearer to any lot line than 100 feet.
(4) 
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 total 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 employee. Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yards,[16] when situated within 50 feet of land zoned for or in residential use.
[16]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
E. 
D5 Golf Course-Residential Community. A planned development which combines residential uses with a golf course, together with accessory uses and facilities incidental thereto, and provides for recreation space and the preservation of open space.
(1) 
Residential uses and the golf course uses listed in Subsection 4E(3)(a), Golf Course, below, within a golf course-residential community are uses permitted by right in the R-25 Zoning District. The uses related to a county club/clubhouse facility listed in Subsection 4E(3)(b), Country Club/Clubhouse Facilities, below, may be permitted by special exception in the R-25 Zoning District. After a special exception has been granted for a use within a golf course-residential community, any proposed revision to the uses, amount of floor area or the number of parking spaces permitted in a special exception approval shall require a revised application for special exception approval. A zoning permit is required before the establishment of any use.
(2) 
The minimum site area shall be 150 acres. The site shall be a contiguous area of land which is not divided by one or more existing streets. Land shown in a previously approved subdivision or land development as reserved for open space shall not be included in the site area.
(3) 
Within a golf course-residential community, a golf course and residential dwellings shall be developed. Additional facilities, as provided in this section, may be developed. The uses shall be subject to the following standards:
(a) 
Golf Course. A golf course shall be provided. The golf course shall include at least 18 holes and shall be a minimum of 5,500 yards in length, the sum of the yardages as measured from the center of the rear most tee to the center of the green of each hole. Accessory facilities related to the golf course may include the following:
1) 
Retail pro shop golf club repair facility.
2) 
Golf teaching facilities.
3) 
Golf practice facilities - driving range and/or putting green.
4) 
Locker and shower facilities.
5) 
Golf half-way/shelter facilities, comfort station (rest room facility) and/or pavilion (a roofed, unenclosed structure) which is 150 square feet or less in floor area.
6) 
Golf cart facilities - caddy shack.
7) 
Kitchen and snack bar, which may serve alcoholic beverages, occupying not more than 1,500 square feet of total floor area for the placement of the kitchen, tables, chairs, bar and all other facilities associated with the snack bar. No sign, other than signs placed on the building in which the snack bar is located, shall advertise or give direction to the snack bar.
8) 
Administrative, membership, management office facilities directly related to the golf course.
a) 
Parking. At least six off-street parking spaces for every golf tee.
(b) 
Country Club/Clubhouse Facilities. Country club and/or clubhouse facilities may be included in a golf course-residential development, which may include the following, when approved by special exception:
1) 
Any of the facilities included in Subsection 4E(3)(a) when combined with any of the facilities noted in the following Subsection 4E(3)(b)2) through 16).
2) 
Club house.
3) 
Membership, management, administrative offices.
4) 
Dining facilities, grill room, lounge, bar, snack bar banquet facilities.
5) 
Ballroom.
6) 
Conference and/or meeting facilities.
7) 
Over-night guest accommodations.
8) 
Related kitchen facilities.
9) 
Indoor recreation facilities.
10) 
Outdoor recreation facilities.
11) 
Swimming facilities.
12) 
Exercise and spa facilities.
13) 
Tennis, racquet, paddle, mallet and similar sports facilities.
14) 
Retail pro shop for sports equipment.
15) 
Other facilities directly related to the country club/clubhouse use as approved by special exception.
a) 
Indoor area devoted to all such uses shall not exceed 50,000 square feet of total floor area.
b) 
Not more than six tennis courts shall be included in the development. This limitation shall not apply to the dwellings within the golf course-residential development.
c) 
No more than two swimming pools may be included with the country club/club house facilities. This limitation shall not apply to the dwellings within the golf course-residential development.
d) 
Parking. At least one off-street parking space for each 50 square feet of total indoor floor area, including accessory buildings, used or intended for service to customers, patrons, clients, guests or members, except the floor area devoted to rooms for the accommodation of overnight guests shall be provided with one parking space for each guest room or suite.
16) 
Golf half-way shelter facility, comfort station (rest room facility) and/or pavilion (a roofed, unenclosed structure) which is greater than 150 square feet in floor area.
(c) 
Residential Dwellings. Residential dwellings shall be provided, subject to the following requirements:
1) 
Dwelling types may include:
a) 
Detached dwellings subject to the requirements of Subsection 2B(1), Detached Dwelling.
b) 
Detached dwellings off center subject to the requirements of Subsection 2B(2), Detached Dwelling; Off-Center.
c) 
Village house subject to the requirements of Subsection 2B(3), Village House.
d) 
Twin dwellings subject to the requirements of Subsection 2B(4), Twins.
e) 
Duplex dwellings subject to the requirements of Subsection 2B(5), Duplex.
2) 
Any residential dwelling which would be located along an existing road/street shall be limited to Use B1, Detached Dwelling, and shall be subject to the following requirements:
Minimum lot area
12,000 square feet
Minimum lot width
85 square feet
Maximum building coverage
20%
Minimum front yard
40 feet
Minimum side yard
15 feet
Minimum rear yard
40 feet
3) 
Any residential lot which would be located less than 75 feet from an existing lot in residential use shall be limited to Use B1, Detached Dwelling, and shall be subject to the following requirements:
Minimum lot area
5,000 square feet
Minimum lot width
100 feet
Maximum building coverage
20%
Minimum front yard
40 feet
Minimum side yard
15 feet each
Minimum rear yard
40 feet
However, the lot area may be reduced to not less than required in Subsection 2B(1), Detached Dwelling, where the buffer requirements of clause (g)1) below are met.
4) 
The maximum density for residential dwelling units shall be 0.85 dwelling units per acre as calculated on the base site area under the provisions of § 27-2102C, Application of Natural Resource Protection Standards.
5) 
Not less than 15% of the site area shall be used for lots as residential dwellings.
6) 
Accessory Home Occupations (Use B9) and Residential Accessory Building, Structure or Use (Use B10) as permitted for the applicable zoning district and dwelling type.
7) 
Parking. At least two off-street parking spaces for dwellings with two or fewer bedrooms; three off-street parking spaces for dwellings with three or more bedrooms.
(d) 
Nonresidential Buildings and Structures. The minimum setback for all nonresidential buildings and structures from any property line shall be 50 feet.
(e) 
Maximum Building/Structure Height.
1) 
Residential dwelling 35 feet.
Residential accessory building/structure 14 feet
2) 
Nonresidential Building/Structure. Distance to a property line or a street line, as was in existence on the date an application for subdivision or land development was first filed with the Township:
a) 
Less than 250 feet: 35 feet.
b) 
Two hundred fifty feet to 500 feet: 40 feet.
c) 
Five hundred or more feet: 50 feet.
(f) 
Minimum setbacks from an existing street, an existing property line or a proposed residential lot.
1) 
Golf green or tee area to an existing street or property: 50 feet.
2) 
Golf green or tee area to a proposed residential property: 25 feet.
3) 
Fairway. The minimum setback from the center line of a fairway shall increase gradually from 50 feet at a tee to 150 feet at a point in the fairway 600 feet from that tee and for the remainder of the fairway. These fairway setback standards may be adjusted, with protective structures and screen plantings designed by a certified golf course architect and approved by the Board of Supervisors, after a recommendation has been provided by the Planning Commission.
(g) 
Minimum Buffer Requirements.
1) 
Where a proposed residential lot of less than 25,000 square feet in area would be located less than 75 feet from an existing lot in residential use, a Class C buffer yard and plantings, as specified in § 27-2106, Buffer Yards, shall be provided for the length of the existing or proposed lot line, whichever is less. A proposed residential lot of 25,000 square feet or larger in area may be located at the property line without a buffer.
2) 
Where a proposed golf tee area would be located less than 100 feet from an existing lot in residential use, a Class C buffer yard and plantings, as specified in § 27-2106, Buffer Yards, shall be provided for the length of the existing lot line.
3) 
Where a proposed nonresidential building of more than 200 square feet in building coverage would be located less than 200 feet from an existing lot in or zoned for residential use, a Class C buffer yard and plantings, as specified in § 27-2106, Buffer Yards, shall be provided for the length of the longest dimension of the building which faces the lot line.
4) 
Where the proposed parking improvements for any nonresidential use would be located within 50 feet of land zoned for or in residential use or a residential lot within the development, the plant requirements of § 27-2106, Table 27-3, Subsection C, Evergreens,[17] shall be provided along the length of the residential lot line.
[17]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(h) 
Impervious Surfaces and Building Coverage. The maximum impervious surface area shall not be more than 25% of the base site area. The maximum building coverage shall not be more than 5% of the base site area.
(i) 
Ownership. The golf course and associated facilities may be held under separate ownership from the residential dwelling units. However, the golf course, clubhouse, country club and associated facilities must be maintained as a single parcel and the title/ownership retained by a single entity.
(j) 
Open Space. No less than 70% of the site area shall be included in open space. The area used for the golf course, the fairways, tees and greens shall be considered open space and shall be restricted from further development or subdivision under the provisions of this part and Chapter 22, Subdivision and Land Development. However, in a golf course residential community, the open space need not be accessible to all residents of the development as defined in Part 2. If the golf course open space use shall cease, terminate, fail to be maintained or be abandoned, the real estate, tract or tracts of land which previously was used or is occupied for said golf course, shall be offered for dedication to the Township, subject to the right of the title owner to propose the use or development of the said real estate, tract or tracts of land for similar or related open space activities, which conversion shall be subject to the review and approval of the Board of Supervisors. Further, subject to the approval of the Board of Supervisors the open space area in golf course residential communities may be used for stormwater management activities and facilities specifically associated with the use, activity, operation and maintenance of the golf course use.
(k) 
Utilities.
1) 
A golf course-residential community shall be provided with public sewer service and Public Utilities Commission certified water service.
2) 
All utility lines (electrical, telephone, etc.) shall be placed underground.
3) 
Wherever feasible, the stormwater management facilities for the golf-course residential development shall be integrated with the water features of the golf course portion of the overall development.
(l) 
Signs. In addition to signs permitted under § 27-2307, Signs in the R-2, R-2M, R-25, R-15, R-5 and RV Districts, one identification/directional sign may be located off-premises at each nearest intersection of an arterial highway and a road which connects the intersection to the development site. Such sign shall not be greater than 12 square feet per side and shall have not more than two sides which provide identification and direction to the golf course-residential community. Such sign may be directly, indirectly or not illuminated. Such sign shall not be higher than eight feet. Such sign shall identify and give direction to the development. The owner of the property on which the off-premises sign shall be erected shall give consent to its placement and a permit shall be secured from the Township.
(m) 
Development Sequence. Not more than 25% of the building permits for dwelling units shall be issued until the final grading of the tees and greens have been completed. Not more than 50% of the building permits for dwelling units shall be issued until such time as the golf course construction has been completed. The developer shall provide the Township with guarantees, in a form acceptable to the Board of Supervisors, that the portion of the tract intended for the golf course and other open space uses will remain as undeveloped open space.
(n) 
Subdivision and Land Development Ordinance. The requirements of Chapter 22, Subdivision and Land Development, shall be met. Requests for waivers of Chapter 22, Subdivision and Land Development, shall be submitted under the provisions of § 22-303, Request for Waiver, of Chapter 22, Subdivision and Land Development.
(o) 
Association. An association shall be formed by the developer, and shall be subject to the following:
1) 
Membership in the organization shall be mandatory for all owners of dwelling units within the development and the membership shall run with the land. Provided, however, that membership in the golf course or country club shall not be mandatory for owners of dwelling units within the development.
2) 
An association agreement shall be prepared and recorded prior to the conveyance of any lot or dwelling unit within the development. Such agreement shall comply with any and all applicable commonwealth, county and Township statutes, codes and ordinances, as may be in effect and are thereafter amended. Such agreement shall establish the obligation of its members with regard to maintenance, insurance and taxes on all areas within the development including, but not limited to, private dwelling lots, open space (other than open space associated with the golf course), common areas and other common improvements not dedicated to New Hanover Township or other public authority including, but not limited to, roads, curbs, drainage systems, water distribution systems and sewage systems.
3) 
The association agreement shall be subject to the approval of the New Hanover Township Board of Supervisors, shall not conflict or be inconsistent with the minimum requirements established by the Commonwealth of Pennsylvania, and shall include a provision providing for the right of New Hanover Township to cite any violations in maintenance and repair of open space and other common improvements not dedicated to New Hanover Township or other public authority and after notice, perform such necessary maintenance and repair and charge to the organization or any property owner the cost of such work and to record a lien against any property or properties within the golf course-residential community.
(p) 
Steep Slopes. The steep slope protection standards of § 27-2101, Subsection 1C, Steep Slopes, shall not apply to the golf course portion of a golf courseresidential development where the Board of Supervisors, upon the advice of the Township Engineer, finds the proposed grading for the golf course would be appropriate. The steep slope protection standards of § 27-2101, Subsection 1C, Steep Slopes, shall apply to those areas of the site to be used for residences, roads, parking areas, country club/clubhouse facilities and other areas to be graded for buildings, structures and development improvements.
5. 
Office Uses.
A. 
E1 Medical Office. Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.
(1) 
Parking. Four off-street parking spaces per doctor, plus one additional space for each additional employee, or one off-street parking space for each 200 square feet of total floor area, whichever requires the greater number of off-street parking spaces. Parking areas must be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yard,[18] when situated within 50 feet of land zoned for or in residential use.
[18]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
B. 
E2 Veterinary Office. Office of a veterinarian with accessory animal kennel. In no event shall kennels be allowed as a primary use.
(1) 
No animal shelter, kennels or runs shall be located closer than 200 feet from any lot line.
(2) 
Parking. Four off-street parking spaces for each doctor plus one space for each employee. Parking areas must be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yard,[19] when situated within 50 feet of land zoned for or in residential use.
[19]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
C. 
E3 Office. Business, professional or governmental office other than Uses E1 and E2.
(1) 
Parking. One off-street parking space for each 200 square feet of total floor area. Parking areas must be screened as specified in § 27-2106, Table 27- 1, Determination of Buffer Yard, when situated within 50 feet of land zoned for or in residential use.
D. 
E4 Office Park. An office park is a planned development of office and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.
(1) 
Individual uses may be located in detached and attached structures.
(2) 
Dimensional Requirements.
Minimum site area
10 acres
Minimum setback from property lines-site
75 feet
Minimum setbacks from street lines-site
100 feet
Minimum frontage at street lines-site
150 feet
Minimum building spacing
100 feet
Maximum height
35 feet; 2 stories
Minimum setbacks-internal streets
50 feet
(3) 
Permitted Uses. E1 Medical Office, E3 Office, F2 Day-care center, F3 Retail Store, F7 Financial Establishment, F9 Eating Place, F11 Tavern, F15 Indoor Athletic Club, F23 Inn and F32 Dwelling in Combination.
(4) 
At least 70% of the total floor space of the park shall be utilized for office uses.
(5) 
Accessory outside storage or display of materials, goods or refuse is not permitted within an office park.
(6) 
Municipal sewer service and Public Utilities Commission certified water service shall be provided by the developer.
(7) 
All uses within the office park shall take access from an interior roadway. Access for the park shall be from an arterial or collector highway.
(8) 
All parking and loading facilities shall be located to the rear or side of buildings.
(9) 
Interior roadways shall have street trees as listed in § 27-2106, Table 27-3, Subsection A, Canopy Tree,[20] set on 40-foot centers.
[20]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(10) 
A transportation impact study and water impact study shall be required.
(11) 
All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or other ownership arrangement approved by the Board of Supervisors.
(12) 
The applicant shall submit a plan for the over all design and improvements for the office park.
(13) 
Parking. One off-street parking space for each 200 square feet of total floor area. Parking areas must be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yard,[21] when situated within 50 feet of land zoned for or in residential use.
[21]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
(14) 
Conditional Reduction of Parking Improvements. Refer to § 27-1914, Reduction of Nonresidential Parking Requirements, of this chapter.
6. 
Commercial and Consumer Service Uses.
A. 
F1 Commercial School. Trade or professional school; art, music or dancing school, and other schools not included in uses C2, School, and F2, Day-Care Center.
(1) 
Minimum lot area: two acres.
(2) 
Parking. One off-street parking space per faculty member and employee, plus one space per two students based on architectural design standards. Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yard,[22] when situated within 50 feet of land zoned for or in residential use.
[22]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
B. 
F2 Day-Care Center. An establishment enrolling four or more children where tuition, fees or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a child-care center.
(1) 
Minimum lot area shall be one acre or the minimum lot area for other permitted uses in the applicable zoning district, whichever requirement is greater.
(2) 
The minimum yard, setback and lot width requirements for other permitted uses in the applicable zoning district shall be met.
(3) 
An outdoor play area shall be provided. This area shall be fully enclosed by a four-foot high fence and shall be located to the side or rear of the lot. The minimum required areas of such an outdoor recreational facility shall be 100 square feet for each child.
(4) 
Prior to final approval of this use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Policy and Program Development, and provide a certificate of compliance issued by the Pennsylvania Department of Public Welfare under 55 Pa.Code, Article I. Licensing Approval.
(5) 
When used in combination with another nonresidential use, a permit is required for each use.
(6) 
An existing residential building may be used and occupied as a single family residence for the owner or an employee of the owner of the day-care center.
(7) 
Parking. At least one off-street parking space for each teacher, administrator and maintenance employee plus two additional spaces per classroom. Parking shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yard,[23] when situated within 50 feet of land zoned for or in residential use.
[23]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
C. 
F2A Older and Disabled Adult Daily Living Center. A premises operated for profit or not-for-profit in which older adult daily living services are provided for four or more older disabled individuals, who are not relatives of the operator, for part of a twenty-four-hour day. Services provided for the older or disabled individuals may include personal care, nutritional, health, social, educational, recreational, therapeutic, rehabilitative, habilitative and developmental activities. This use does not include services provided for persons whose needs are such that they can only be met in a long-term care facility on an inpatient basis receiving professionally supervised nursing care and related medical and other health services.
(1) 
The area and dimensional requirements for "other uses" shall be met for the R-25 District in § 27-603, Subsection 2; Area and Dimensional Requirements, for the RV District in § 27-903, Subsection 2; Area and Dimensional Requirements, and for the R-15 District in § 27-703, Subsection 2; Area and Dimensional Requirements, and the area and dimensional requirements for "all uses" in § 27-1003, Subsection 2, CB-1 Commercial Business District; Area and Dimensional Requirements.
(2) 
Prior to approval of this use by the Zoning Hearing Board and the granting of a zoning permit by the Zoning Officer, the applicant shall obtain a license from the Pennsylvania Department of Aging in compliance with the 6 Pa.Code, Chapter 11.
(3) 
When used in combination with a residential use, a permit is required for each use. An existing building may be used and occupied as a single-family residence for the owner or an employee of the older and disabled adult daily living center. When used in combination with a residential use, the provisions of § 27-301, Applicability of Regulations, which limits the use of a property to one principal use, shall not apply when approved by special exception.
(4) 
Minimum Parking. One off-street parking space for each employee, administrator or volunteer plus two additional spaces. Parking shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yard,[24] when the parking area is situated within 50 feet of land zoned for or in residential use.
[24]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
D. 
F3 Retail Store. A shop or store selling and/or renting commodities and goods to the ultimate consumer. Not included under this use is the over-the-counter sale of alcoholic beverages in a tavern or bar or a store with greater than 15 square feet devoted to the display of pornographic materials described under Use F4 Adult Commercial.
(1) 
Parking. One off-street parking space for each 200 square feet of total floor area used or intended to be used for servicing customers.
E. 
F4 Adult Commercial. An adult commercial enterprise or use which, if knowingly serves a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time thereof.
(1) 
Such uses may include, but are not limited to:
(a) 
Adult Book Store. Any store or shop with more than 15 square feet devoted to the display and selling of pornographic materials including, but are not limited to, books, magazines, pictures, drawings, photographs or other depictions or printed matter and paraphernalia.
(b) 
Adult Movie House. An enclosed building used for presenting motion pictures, films, movies, slides or similar photographic reproductions for observation by persons therein and which excludes minors by virtue of age.
(c) 
Adult Outdoor Motion Picture Establishment. An outdoor theater used for presenting motion pictures, films, movies, slides or similar photographic reproductions for observation by persons therein and which excludes minors by virtue of age.
(d) 
Massage Parlor. Any place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such items. This use does not include licensed physicians or members of the American Massage Therapist Association.
(e) 
Other Adult Uses. Any business, activity or use similar to or of the same general nature as the uses listed above. This section shall include, but shall not be limited to, rap centers, nude wrestling studios, sensitivity centers and escort bureaus, all of which exclude minors by virtue of age as patrons thereof.
(2) 
The building or structure of such use shall be located not less than 1,000 feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional or educational use.
(3) 
No such use shall be located within 1,000 feet of a similar use.
(4) 
No materials or services offered in the use shall be visible from any window, door or exterior of the building.
(5) 
No person under the age of 18 years of age shall be permitted within an adult commercial establishment or sold any material or service.
(6) 
The hours of operation shall be appropriate, as determined by the Zoning Hearing Board, for the neighborhood or area in which the use is to be located.
(7) 
Parking. One off-street parking space for each 100 square feet of total floor area used or intended to be used for servicing customers.
F. 
F5 Village Shop or Business. A retail, service or office use of a limited size which is appropriate for the scale and character of a village.
(1) 
The village shop or business may include Use E1 Medical Office, Use E2 Veterinary Office, Use E3 Office, Use F2 Day-care center, Use F3 Retail Store, Use F6 Service Business, Use F7 Financial Establishment, Use F8 Funeral Home or Mortuary, Use F9 Eating Place, Use F11 Tavern, Use F12 Repair Shop or Use F24 Guesthouse.
(2) 
This use shall not include any retail, service or office use in excess of 2,000 square feet of floor area.
(3) 
Not included under this use are uses with greater than 15 square feet devoted to the display of pornographic materials described under Use F4 Adult Commercial.
(4) 
Lighting on pole fixtures shall not exceed 10 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed 1/2 footcandle at the property line.
(5) 
Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view.
(6) 
Parking. One off-street parking space for each 200 square feet of total floor area used or intended to be used for servicing customers. Parking shall not be located between a building and a street.
G. 
F6 Service Business. Service business including barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency, photocopy center and other similar uses.
(1) 
Parking. One off-street parking space for each 100 square feet of total floor area used or intended to be used for servicing customers.
H. 
F7 Financial Establishment. Bank, savings and loan association, credit union and other financial establishments.
(1) 
Such uses with drive-up service windows shall have a vehicle waiting line area for at least six vehicles. The waiting line area shall be separated from other circulation lanes and appropriate vehicular circulation shall be provided.
(2) 
Parking. One off-street parking space for each 100 square feet of total floor area.
I. 
F8 Funeral Home or Mortuary. An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Facilities for cremation may be included as an accessory use.
(1) 
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 total floor area used or intended to be used in the operation of the establishment, whichever requires the greater number of off-street parking spaces.
J. 
F9 Eating Place. Eating place for the sale and consumption of food and beverages without drive in service and without take-out service. Included under this use are banquet halls and catering services which serve food and beverage on the premises. All food and beverages are to be served by waiters and waitresses and consumed inside the building while patrons are seated at counters or tables. The sale of alcoholic beverage must be incidental to the sale and consumption of food.
(1) 
Parking. One off-street parking space for each 50 square feet of total floor area, or one off-street parking space for every two seats, whichever requires the greater number of spaces. Banquet halls and catering services which serve food and beverage on the premises shall provide one off-street parking space for every two seats.
K. 
F10 Drive-In and Other Eating Place. Eating place for the sale and consumption of food and nonalcoholic beverages other than Use F9 Eating Place.
(1) 
Such uses with drive-up service windows shall have a vehicle waiting line area for at least six vehicles. The waiting line area shall be separated from other circulation lanes and appropriate vehicular circulation shall be provided.
(2) 
Parking. One off-street parking space for every two seats, or one off-street parking space for every 50 square feet of total floor area, whichever requires the greater number of off-street parking spaces.
L. 
F11 Tavern. An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.
(1) 
Parking. One off-street parking space for each 50 square feet of total floor area.
M. 
F12 Repair Shop. Repair shop for items including, but not limited to, appliances, lawn mowers, watches, guns, bicycles, locks, business machines but not including automobiles, motorcycles, trucks, trailers and other heavy equipment.
(1) 
Parking. One off-street parking space for each 300 square feet of total floor area.
N. 
F13 Indoor Entertainment. Entertainment, private club or recreation facilities operated as a gainful business within a building.
(1) 
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 total 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.
O. 
F14 Theater. A building in which films are shown or stage shows are performed regardless of the type of film or program presented. This use does not include open air, outdoor or drive-in theaters, or uses provided for under Use F4 Adult Commercial.
(1) 
The exterior display of any pornographic material which would violate the criminal laws of the Commonwealth of Pennsylvania in effect shall be prohibited.
(2) 
Parking. One off-street parking space for each two seats provided for patron use, or at least one off-street parking space for each 40 square feet of total 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.
P. 
F15 Indoor Athletic Club. An indoor athletic club shall include buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball, and volleyball; facilities for exercise equipment and health clubs and facilities related thereto.
(1) 
Parking. One off-street parking space for each three persons of total capacity, 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.
Q. 
F16 Amusement Hall or Arcade. An entertainment facility operated as a gainful business within a building or structure providing automatic amusement devices or games, including pool or billiard rooms or similar facilities.
(1) 
An "automatic amusement device" or "game" is defined to be each coin-operated machine, mechanical machine or electronic machine which operates or may be operated as a game or contest of skill or amusement of any kind or description. Except for taverns and private clubs, such devices shall be governed by this use in any location where three or more such devices are located.
(2) 
This use shall be located no closer than 500 feet, measured in all directions to a school or church.
(3) 
No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate to the exterior of the premises.
(4) 
All facilities shall have proper supervision at all times during the hours of operation which shall be limited to 10:00 a.m. until 10:00 p.m. If the machines are not restricted to these hours, the establishment must be closed. The owner of an amusement game shall not allow it to be available for use or used unless it is under the control and supervision by a person over 18 years of age, who shall insure that it is operating in compliance with this chapter.
(5) 
No cash awards shall be offered or given in any contest, tournament, league or individual play on any amusement game, and no such game shall be permitted to operate if said game delivers or may readily be converted to deliver to the player any piece of money, coin, slug or token.
(6) 
Location of Devices. A floor plan of the building, premises or other permitted place shall be provided to the Township showing the proposed placement of the amusement games in conformance with the following criteria:
(a) 
Not less than three feet of open space shall be provided along the side of each device/game. Where two devices/games are adjacent to each other, there shall be at least six feet of open space between devices/games.
(b) 
Not less than four feet of open space shall be provided for the operator directly in front of each device/game. Where two devices/games are opposite each other, there shall be at least eight feet of open space for the operators directly in front of each device/game.
(c) 
Location of all devices/games is subject to all other applicable state and local codes.
(7) 
Parking. One off-street parking space for each 50 square feet of total floor area.
R. 
F17 Outdoor Entertainment. Outdoor entertainment and recreation facilities operated as a gainful business, other than Uses D1, Recreational Facility, and D2, Private Recreational Facility, and not including an outdoor motion picture establishment.
(1) 
Parking. Off-street parking spaces as the Zoning Hearing Board shall determine adequate to serve customers, patrons, visitors, employees and vehicles normally parked on the premises.
S. 
F18 Outdoor Motion Picture Establishment. An open lot with its appurtenant facilities used for the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
(1) 
Such uses shall have frontage on an arterial or major collector highway and all access shall be taken from the arterial or major collector highway. The applicant shall provide an analysis of the physical conditions of the road system at the proposed points of access. Improvements to insure safe turning movements and traffic safety shall be provided by the applicant as required by the Zoning Hearing Board. The applicant shall provide sufficient vehicle stacking area or a marginal access road to insure that entering vehicles will be able to pull off the road.
(2) 
The motion picture screen shall be no closer to any property line than 1.25 times the height of the picture screen or the minimum yard requirements of the zoning district, whichever setback is greater. Other buildings shall be subject to the minimum yard requirements of the zoning district.
(3) 
The applicant shall provide information which indicates conformance with § 27-2101, Natural Resource Protection Standards.
(4) 
The motion picture screen shall not be oriented towards the arterial or collector highway.
(5) 
The applicant shall provide a plan for buffering in accordance with § 27-2106, Buffer Yards, and shall meet the following standards:
(a) 
Along an adjacent property line that is zoned residential or a property line with an existing residential use and along any road, either:
1) 
A six-foot solid wooden fence within the exterior 50 feet of the buffer yard and one canopy tree (two-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one evergreen tree (three-foot minimum height) at an average of one tree per 20 lineal feet of buffer. The trees shall be placed between the fence and the property line.
2) 
A five-foot berm planted on top as in clause a) 1) above.
3) 
One canopy tree (two-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one evergreen tree (four-foot minimum height) at an average of one tree per 20 lineal feet of buffer plus one deciduous shrub (three-foot minimum height) per four lineal feet.
(b) 
Acceptable plant material for the buffer yard noted in clause (a) above shall meet the specifications of § 27-2106, Buffer Yards, Table 27-3, Plant Materials List.[25]
[25]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(c) 
In accordance with § 27-1913, Off-Street Parking; General Requirements, of this chapter, a clear sight triangle shall be maintained at all street intersections and at all points where access drives intersect with roads.
(6) 
Such uses presenting films, movies, slides or similar photographic reproductions of an adult nature shall meet the additional requirements of Use F4 Adult Commercial.
T. 
F19 Cottage Development or Private Camp. A tract of land and buildings or structures planned as a whole for seasonal use, comprising two or more cottages and other related buildings; also includes privately operated camps for boys or girls using two or more cottages for shelter or sleeping purposes.
(1) 
Minimum site area: 10 acres.
(2) 
The main use of the proposed development shall be seasonal, that is, for periodic use over a limited number of months during particular seasons of the year, and no occupant shall be permitted to remain for a total period exceeding 120 days during any one calendar year with the exception of a caretaker, groundskeeper or other staff.
(3) 
Sewage disposal methods shall conform with the requirements of the New Hanover Township Sewage Facilities Plan.
(4) 
The maximum overall density shall not exceed one cottage for every two acres. The maximum number of occupants per cottage shall be 16.
(5) 
Completely detached buildings or structures on the same lot shall not be less than 20 feet from one another.
(6) 
Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties shall be taken.
(7) 
No mobile homes, as defined in § 27-202, Specific Definitions, and no recreational vehicles, as defined in Subsection 6U, F20 Recreational Camping Park, shall be permitted as part of a cottage development or private camp as defined herein.
(8) 
A change of ownership or a lease agreement shall require an operating permit review.
(9) 
Parking. One and one-quarter parking spaces shall be provided for each cottage; plus one additional space for each employee on the largest shift.
U. 
F20 Recreational Camping Park. A property upon which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation or vacation purposes.
(1) 
Definitions.
(a) 
Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper and motor home.
(b) 
Campsite. A plot of ground within a recreational camping park intended for the accommodation of either a recreational vehicle, tent or other individual camping unit on a temporary basis.
(c) 
Temporary Basis. Campsites shall be rented by the day, week or monthly only and occupants of such sites shall remain in the same recreational camping park not more than 90 days per year.
(d) 
Camping Unit. A tent or camping vehicle located on a campsite.
(2) 
Minimum site area: 10 acres.
(3) 
No campground buildings or campsites shall be less than 200 feet from a public road, nor less than 100 feet from a property line.
(4) 
No more than 12 campsites per acre based on the area of the site minus the open space as specified in Subsection 6U(6) below.
(5) 
Each campsite shall be a minimum of 1,500 square feet in area and campsites may be grouped near each other to afford as much open space as possible.
(6) 
A minimum of 70% of the site shall be kept in open space which shall not include roads, campsites, parking areas, convenience facilities, sanitary stations, utility buildings, office and similar structures and areas.
(7) 
Occupancy Limits.
(a) 
Only camping units shall be accommodated at a campground.
(b) 
Occupancy of any campsite in a particular campground by the same person or persons shall not be permitted for more than 15 consecutive days in any month.
(c) 
Except during May, June, July, August, September and October, unoccupied camping units and equipment shall not be permitted to remain on any campsite. During the months of November through April, said camping units or equipment may be stored at a designated storage area on the campground.
(8) 
Access Improvements.
(a) 
Each campground shall be provided with convenient access from a public road. Such access shall consist of an all-weather cartway 24 feet wide, constructed to Township standards as described in Chapter 22, Subdivision and Land Development, and shall consist of six inches, compacted thickness, of No. 4 crushed stone and screenings over a graded and compacted subbase.
(b) 
Provisions for shoulders and drainage shall be made as applicable and all work shall be approved for design and construction by the Township.
(c) 
The main campground entrance shall conform to the standards of the Pennsylvania Department of Transportation and, when the entrance is from a state road, shall be approved by them. When the entrance is from a Township road, it shall be approved by the Township.
(d) 
The entrance shall take into account the traffic on the public street and that to be generated by the park residents. Acceleration and deceleration lanes may be required as well as two lane entrances and two lane exits.
(e) 
No parking shall be permitted in the cartway of any access road.
(f) 
Interior roadways shall be constructed to the same standards as access roads and shall have a cartway of 16 feet unless designed for one-way traffic, in which case the cartway shall be 10 feet.
(g) 
They shall be laid out to provide convenient access to campsites and recreational areas by ambulances, police and other public servants.
(9) 
Campgrounds may occupy floodplains. However, no permanent building, such as toilets, campground stores or offices may be located in the floodplain unless provisions for anchoring and proper structural provisions are made and approved by the Township. Applicable approvals of the Pennsylvania Department of Environmental Protection shall be required prior to Township approval. Refer to § 27-2103, Floodplain Regulations, for regulations pertaining to the parking or placement of recreational vehicles in floodplain areas.
(10) 
Campsites.
(a) 
Each campsite shall be well drained and laid out in such a manner as to provide sufficient open and graded space for the accommodation of camping units and shall provide parking space for an automobile which will not interfere with the convenient and safe movement of traffic.
(b) 
Consistent with these requirements, trees for the provision of shade shall be disturbed as little as possible and, wherever practicable, trees, underbrush, large rocks and other natural features should be left intact at the edges of adjoining campsites to insure privacy. Natural vegetative cover shall also be retained, protected and maintained within the campground wherever possible so as to facilitate drainage, prevent erosion or gullying and preserve the scenic attributes of the area.
(c) 
The campground owner may equip campsites with permanent platforms and ramps thereto. Campsite occupants may erect canvas awnings, screened enclosures, temporary platforms and other normal camping equipment, but all such facilities shall be removed when the camping unit is removed. Permanent or semi-permanent huts or other living room additions to camping units shall not be permitted.
(d) 
In addition to the structures permitted in accordance with the provisions of Subsection 6U(10)(c), only camping units and campers' automobiles shall be permitted on the campsites.
(e) 
Recreational vehicles shall be separated from each other and from other structures by at least 10 feet. Any accessory structure such as attached awnings, carports or individual storage facilities shall, for purposes of this separation requirement, be considered to be part of the vehicle.
(f) 
Each site shall contain a ten-foot by twenty-foot stabilized vehicular parking pad of gravel, crushed stone, paving or other suitable material. No part of a recreational vehicle or other unit placed on a campground site shall be closer than five feet to a campsite line.
(11) 
Campgrounds may have provisions for outside amateur sports such as fishing, hiking, bicycling, baseball and swimming, but no facilities, temporary or permanent, may be provided for spectator seating. Swimming pools shall meet the requirements for Subsection 2, Use B10 Residential Accessory Building, Subparagraph (5), Residential Swimming Pool.
(12) 
Convenience Facilities.
(a) 
Campgrounds shall provide toilets, potable water, shower baths, refuse disposal facilities and public telephones.
(b) 
Each campground shall have an office in which campsite occupancy records and other required information is kept.
(c) 
Campgrounds may have a retail store from which food, camp supplies, magazines and newspapers, toys and similar merchandise may be sold, but in no case shall the sale of alcoholic beverages be permitted. The maximum floor area shall be 1,000 square feet.
(d) 
Restaurants, refreshment stands and vending machines dispensing food are permitted in campgrounds as part of the retail store described in clause (c) above.
(e) 
Coin-operated laundry facilities are permitted.
(13) 
Use of the recreation and convenience facilities shall be limited to the patrons of the campground.
(14) 
Nuisances.
(a) 
Noise. The operation of public address systems shall be prohibited. Motorcycles and other noise generators shall not be operated within the campgrounds except as the camper is arriving or leaving. Athletic and other spectator events shall terminate not later than 10:00 p.m.
(b) 
Open Burning. Neither owner nor camper shall burn refuse in fireplaces, incinerators, nor other facility or in the open in the campground.
(15) 
Pedestrian Circulation. The pedestrian circulation system shall be designed, constructed and maintained for safe and convenient movement from all spaces to principal destinations within the park.
(16) 
Illumination. Exterior lighting shall be provided as necessary for the safety and convenience of occupants of the campground.
(17) 
Fireplaces. Cooking shelters, barbecue pits, fireplaces and stoves shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisances both on the campground and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended and all open fires shall be extinguished before the users leave the area. No fuel shall be used, and no material burned, which emits dense smoke or objectionable odors.
(18) 
Toilets. Toilets and urinals shall be provided at one or more locations in every campground.
(19) 
Showers.
(a) 
Subject to the provisions of Subsection 6U(19)(e) of this subsection, shower facilities, if provided, shall be separate for males and females and shall be clearly marked.
(b) 
The shower stalls shall be of the individual type, be screened from view, and be not less than 30 inches square.
(c) 
Dressing compartments shall be provided for males and females, which are screened from view and each equipped with a stool or bench.
(d) 
Shower stalls and dressing compartments shall be maintained in a clean condition.
(e) 
Open showers provided exclusively for the removal of sand, etc., following beach activities, and wherein bathing attire is not removed, need not comply with the provisions of Subsection 6U(19)(a) and (b).
(20) 
Sanitary Stations.
(a) 
Every campground shall have a sanitary station in the ratio of one for every 70 campsites or fractional part thereof.
(b) 
Each station shall be convenient of access from the service road and shall provide easy ingress and egress for camping vehicles. Each station shall be conveniently located, but shall not be less than 300 feet from any campsite.
(c) 
Each station shall have an emptying trough and means for flushing the camping vehicle holding tank and emptying trough with water under pressure.
1) 
The emptying trough shall consist of a concrete slab size four feet by six feet which has a minimum thickness of five inches. The surface shall be troweled to a smooth finish and sloped from each side inward to a sewer inlet. The top of inlet shall be six inches below the top of the trough sides.
2) 
The sewer inlet shall consist of a four-inch self-closing foot-operated hatch of durable material with cover milled to fit tight. The hatch body shall be set in the concrete of the emptying trough with the lip of the opening flush with the surface of the trough to facilitate the cleansing of the trough with water under pressure. The hatch shall be properly connected to a sewer inlet which shall discharge to an approved sanitary sewage disposal facility.
3) 
The means for flushing the camping vehicle holding tank and the emptying trough shall consist of a piped supply of water under pressure terminating in a valved connection so located and installed that it will not be damaged by automobiles or camping vehicles. The connection shall consist of a properly supported riser terminating at least two feet above the ground surface, with a 3/4 inch valved outlet to which shall be screwed a flexible hose terminating at a nozzle. If the supply of water is from a semi-public water supply or public potable water supply, the connection shall be protected from backflow by means of an approved vacuum breaker.
4) 
Adjacent to the flushing arrangement there shall be posted a sign of durable material, not less than two feet square in size, and inscribed thereon in clearly legible letters: NOTICE: THIS WATER FOR FLUSHING AND CLEANING PURPOSES ONLY.
(21) 
Garbage and Refuse.
(a) 
The storage and collection of refuse shall be so managed as to prevent health hazards, rodent harborage, insect breeding, accident hazards or air pollution.
(b) 
All refuse shall be stored in leak-proof, nonabsorbent, rust and corrosion resistant containers with tight lids.
(c) 
Refuse containers shall be conveniently located throughout the campground, and there shall be a minimum of one container for every five campsites.
(d) 
Refuse containers shall be washed after each emptying and shall be maintained in a wholesome and non-odorous condition, and to prevent the breeding of insects therein.
(e) 
All refuse shall be collected not less than twice weekly.
(22) 
Potable Water.
(a) 
An adequate supply of potable water capable of supplying a total capacity of at least 25 gallons per campsite per day shall be provided at one or more locations in every campground. The water points shall be convenient of access, and shall not be located farther than 600 feet from any campsite.
(b) 
The connections for potable water shall be so installed that they will not be damaged by the parking of camping units or automobiles. Each connection shall consist of a riser with a 3/4 inch valved outlet threaded so that a standard water hose may be attached between the riser and the camping unit. If installed above the ground, the riser shall terminate at least two feet above the ground surface. If installed in a pit, the riser shall terminate at least 12 inches above the floor of the pit, and the pit shall be drained to prevent it containing standing water. The drain for the pit shall not be connected to a sanitary sewerage system. Surface drainage shall be diverted from the location of the riser or pit.
(c) 
Drinking fountains, if provided, shall be constructed of impervious material and have an angle jet with a nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design, without corners and the bowl opening shall be equipped with a strainer. Wastewater from the bowl shall be discharged to a suitable drain by means of a pipe with an air gap.
(23) 
All provisions for toilets, showers, sanitary stations and potable water shall be approved by the Pennsylvania Department of Environmental Protection and by New Hanover Township.
(24) 
Insect, Rodent and Weed Control.
(a) 
Campgrounds shall be kept free from cans, jars, buckets, old tires and other articles which may hold water and provide temporary breeding places for mosquitos. Mosquito control measures and supplemental larvicidal measures shall be undertaken by the owner when the need is indicated.
(b) 
Fly breeding shall be controlled by eliminating unsanitary practices which provide breeding places. Refuse containers shall be repaired or replaced when damaged. The area surrounding the containers shall not be permitted to become littered with garbage nor saturated with waste liquid from garbage. All refuse containers shall be maintained in a clean and sanitary condition.
(c) 
Insecticidal measures shall be applied if necessary.
(d) 
All buildings within the campground shall be rat-proofed, with special emphasis on those in which food is stored or served. Storage areas shall be maintained in such a manner as to eliminate the possibility of rodent harborage.
(e) 
The growth of weeds within the campgrounds shall be controlled as a means toward the elimination of ticks and chiggers.
(f) 
Poison ivy, poison oak and poison sumac shall be controlled within each campsite.
(25) 
Responsibilities of Owners and Campers.
(a) 
Responsibilities of Owner.
1) 
No owner of a campground shall cause or permit any services, facilities, equipment or utilities required under the provisions of this chapter to be removed from, shut off or discontinued in any occupied campground except for such temporary interruption as may be necessary while actual repairs are in process, or during temporary emergencies when discontinuance of service is authorized by appropriate government officials.
2) 
The owner of a campground shall maintain in good repair all roads, water supply systems, drinking facilities, sanitary conveniences, sewers, storm drains, sanitary stations, sanitary sewage disposal facilities, electrical equipment, auxiliary buildings, or other services, facilities, equipment or utilities installed anywhere in the campground.
3) 
The owner of a campground shall clear the campground, ditches, hedge rows and bushes of any broken glass, bottles, cans, refuse and other litter as often as may be necessary.
4) 
Every campground shall be under the supervision of the owner or his authorized caretaker who, if not in residence at the campground, shall visit the campground each day the campground is occupied. The owner, himself, may assume the duties of caretaker. If the caretaker is not in residence at the campground, information shall be posted as to where he may be contacted, and also the telephone numbers and locations of the nearest ambulance, hospital, police department and fire company.
5) 
The caretaker shall maintain in a clean and sanitary condition the campground, all sanitary conveniences, auxiliary buildings, and other services, facilities, equipment or utilities installed, collected and properly disposed of.
6) 
It shall be the responsibility of the caretaker to maintain order within the campground, and he shall have the right to terminate forthwith the occupancy of any campsite by occupants who violate any of the provisions of clause (b), Responsibilities of Campers, herein.
7) 
The owner shall have printed and shall post at every toilet, sanitary station and campsite the entire contents of clause (b), Responsibilities of Campers.
(b) 
Responsibilities of Campers. Each camper shall be responsible for compliance with the provisions of this subsection.
1) 
The campsite occupied by a camper and his party shall be maintained in a clean and wholesome condition. Refuse, garbage, paper, litter, broken glass, bottles, cans, caps from cans and bottles, hazardous materials and other refuse shall be deposited in refuse containers furnished by the campground.
2) 
Every dog or other pet permitted in the campground shall be kept under control at all times and shall not be permitted to create a public health or noise nuisance. Dogs shall not be left unattended at a campsite. Dung shall be removed immediately and be buried in a location which will not interfere with the site for camping purposes.
3) 
Campfires shall be maintained only in the fireplaces provided by the campground and shall be used in such a manner that they will not create a hazard to vegetation, undergrowth, trees and camping units. Fires shall not be left unattended, and shall be completely extinguished before the campsite is vacated, and before retiring for the night and before any temporary or permanent absence from the site.
4) 
All services, facilities, equipment or utilities provided by the campground shall be used only in the manner for which they are intended. Toilets, showers, sanitary stations, campsites, roads, walks and buildings shall be maintained in a clean condition consistent with their normal usage.
5) 
Sanitary sewage from camping vehicles shall be discharged only into individual sewer connections or sanitary stations. Temporary methods of sanitary sewage disposal shall not be permitted in the campground. Plastic bags containing fecal matter shall not be deposited into toilets nor refuse containers.
6) 
Washing of the person, clothing, dishes, utensils or any other equipment shall not be permitted at any location intended solely for use as a potable water supply location.
7) 
Undue noise shall not be permitted at any time, and particularly between the hours of 10:00 p.m. and 8:00 a.m.
8) 
Vandalism or other unseemly or rowdy behavior shall not be permitted.
9) 
No live woody vegetation or other live plants shall be cut, disturbed or removed from the campground.
10) 
The violator of any of these regulations shall be immediately ejected from the campground.
(26) 
License.
(a) 
It shall be unlawful to operate a campground in New Hanover Township unless a license has been issued by the Board of Supervisors and unless a permit has been issued by the Pennsylvania Department of Environmental Protection. Such license shall be valid until one year from date of issuance and a new application shall be made each year thereafter.
(b) 
Licenses Are Not Transferable. Notice in writing shall be given the Board of Supervisors within 10 days after a campground has been sold, transferred, given away, leased or the controlling interest otherwise changed.
(c) 
Applications shall be accompanied by complete layout and construction drawings which shall conform to the provisions of this chapter and to the construction standards of Chapter 22, Subdivision and Development.
(d) 
Additions, deletions or alterations to the campground layout or facilities shall be approved by the Township by means of an application for a revision to the license. Such application shall be accompanied by appropriate drawings showing the proposed work.
(e) 
All first applications and applications for revisions and alterations of a campground shall be accompanied by a fee as required by the Township.
(27) 
The owner shall keep and maintain a weekly registration list giving the name of the camper or registrant for the campsite, the time and date of his occupancy of the campsite and the time and date of his leaving. At any reasonable time, the Township shall also have the right to inspect the campground registration list kept by the owner personally. Such list shall be maintained in the campground office, shall be accurate and shall be kept current on a daily basis. The owner shall retain the registration lists for a period of two years.
(28) 
Sewage disposal methods shall conform with the requirements of the Township Sewage Facilities Plan.
(29) 
One detached dwelling per camping park may be permitted for the use of the owner or operator of the camping park. The minimum lot area for this detached dwelling shall be 1.8 acres in addition to the lot area required in Subsection 6U(2), Minimum Site Area, above.
V. 
F21 Golf Course. Golf course (not including miniature golf course), including accessory club house, restaurant and other accessory uses, provided they are clearly subordinate to the golf course.
(1) 
Minimum Lot Area.
Regulation
18 hole
130 acres
Executive
18 hole
75 acres
9 hole
50 acres
Par 3
18 hole
45 acres
Par 3
9 hole
25 acres
(2) 
No building shall be closer than 100 feet to any lot line. The green, tee and fairway setbacks of Subsection 4D(5) Golf Course-Residential Community (3)(f) shall be met. The buffer requirements of Subsection 4.D(5) Golf Course-Residential Community, (3)(g), Minimum Buffer Requirements, 2) through 4) shall be met.
(3) 
Parking. One off-street parking space for every five members or users of total capacity, or at least one off-street parking space for each 50 square feet of total floor area, including accessory buildings, 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. Parking areas shall be screened as specified in § 27-2106, Table 27-1, Determination of Buffer Yard,[26] when situated within 50 feet of land zoned for or in residential use.
[26]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
(4) 
Within a golf course development, the following uses shall be permitted by right:
(a) 
Golf course greens, tee areas and fairways.
(b) 
Retail pro shop - golf club repair facility.
(c) 
Golf teaching facilities.
(d) 
Golf practice facilities - driving range and/or putting green.
(e) 
Locker and shower facilities.
(f) 
Golf half-way/shelter facility, comfort station (rest room facility) and/or private pavilion (a roofed unenclosed structure) which is 150 square feet or less in floor area.
(g) 
Golf cart facilities - caddy shack.
(h) 
Kitchen and snack bar, which may serve alcoholic beverages, occupying not more than 1,500 square feet of total floor area for the placement of the kitchen, tables, chairs, bar and all other facilities associated with the snack bar. No sign, other than signs placed on the building in which the snack bar is located, shall advertise or give direction to the snack bar.
(i) 
Administrative, membership, management office facilities directly related to the golf course.
(5) 
Country club and/or clubhouse facilities when approved by special exception:
(a) 
Any of the facilities included in Subsection 6V(4), above, when combined with any of the facilities noted in the following Subsection 6V(5)(b) through (o).
(b) 
Clubhouse.
(c) 
Membership, management, administrative offices.
(d) 
Dining facilities, grill room, lounge, bar, snack bar, banquet facilities.
(e) 
Ballroom.
(f) 
Conference and/or meeting facilities.
(g) 
Overnight guest accommodations.
(h) 
Related kitchen facilities.
(i) 
Indoor recreation facilities.
(j) 
Outdoor recreation facilities.
(k) 
Swimming facilities.
(l) 
Exercise and spa facilities.
(m) 
Tennis, racquet, paddle, mallet and similar sports facilities.
(n) 
Retail pro shop for sports equipment.
(o) 
Other facilities directly related to the country club/clubhouse use as approved by special exception.
1) 
Indoor area devoted to all such uses shall not exceed 50,000 square feet of total floor area.
2) 
No more than six tennis courts shall be included in the development.
3) 
Not more than two swimming pools may be included in the development.
W. 
F22 Motel-Hotel. A building or group of buildings for the accommodation of guests, containing guest rooms for rent.
(1) 
Motels and hotels may include accessory restaurant facilities, conference facilities, meeting rooms, tavern facilities and other service and retail facilities. In addition to the parking requirements of Subsection 6W(3), below, parking shall be provided for the accessory facilities based on one off-street parking space for each 50 square feet of total floor area or one off-street parking space for every four seats, whichever requires the greater number of spaces.
(2) 
The use of any amenities provided at the motel or hotel such as swimming pools and tennis courts shall be restricted in use to guests of the establishment.
(3) 
Parking. One off-street parking space for each rental room or suite.
X. 
F23 Inn. A building or group of buildings containing guest rooms for rent.
(1) 
Inns may include accessory restaurant and tavern facilities. In addition to the parking requirements of Subsection 6X(3), Parking, below, parking shall be provided for the accessory facilities based on one off-street parking space for each 50 square feet of total floor area or one off-street parking space for every four seats, whichever requires the greater number of spaces.
(2) 
The use of any amenities provided at the inn such as swimming pools and tennis courts shall be restricted in use to the guests of the establishment.
(3) 
Parking. One off-street parking space for each rental room or suite.
Y. 
F24 Guesthouse. The use and occupancy of rented rooms in a detached dwelling for the accommodation of transient guests for rent.
(1) 
No more than six guest rooms may be provided. No more than two adults and children may occupy one guest room.
(2) 
One off-street parking space shall be provided for each guest room, plus two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and any residentially zoned property by a five-foot fence or plant material as specified in § 27-2106, Table 27-3, Subsection D, Hedge, and Subsection E, Hedgerow, of this chapter.[27]
[27]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(3) 
There shall be no use of show windows for display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed four square feet.
(4) 
No external alterations, additions or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by another governmental agency.
(5) 
The use shall be carried on primarily by members of the immediate family which must reside on the premises. Nonresident employees shall be limited to two in addition to the resident members of the family.
(6) 
There shall be no separate kitchen or cooking facilities in any guest room. Food service to guests on the premises shall be limited to breakfast and afternoon tea only.
(7) 
The maximum, uninterrupted length of stay at a guesthouse shall be 14 days.
(8) 
The use of any amenities provided by the guesthouse such as a swimming pool or tennis courts shall be restricted in use to the guests of the establishment.
(9) 
The use may not be established until there is compliance with the other Township rules and regulations. In addition to original compliance, the guesthouse will be periodically inspected by the Fire Marshall for compliance with all Township safety standards.
(10) 
Sewage disposal methods shall conform with the requirements of the Township Sewage Facilities Plan.
Z. 
F25 Service Station or Car-Washing Facility. The retail sale of vehicular fuels and/or car-washing facility; and including as accessory uses the sale and installation of lubricants, tires, batteries and similar accessories and/or the sale of groceries and similar convenience-type products.
(1) 
Minimum lot width of not less than 250 feet shall be provided along each street on which the lot abuts.
(2) 
The sale of convenience-type products shall be limited to a maximum floor area of 2,000 square feet.
(3) 
Access to roads shall be at least 200 feet from the intersection of any streets.
(4) 
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
(5) 
Fuel pumps and canopies shall be at least 25 feet from any ultimate street right-of-way.
(6) 
All automobile parts and similar articles shall be stored within a building.
(7) 
All refuse shall be stored within a building or enclosed area.
(8) 
Paint spraying or body and fender work shall not be permitted.
(9) 
Lubrication, oil changes, tire changes and minor repairs permitted if entirely within a building.
(10) 
Vehicles shall not be stored outdoors for more than 20 days.
(11) 
Junk vehicles may not be stored in the open at any time.
(12) 
Only one vehicle may be offered for sale at any one time on such property.
(13) 
Approval shall be secured from the Pennsylvania State Police Fire Marshal for the underground storage of fuel. The Pennsylvania State Police Fire Marshal shall be contacted if fuel tanks are temporarily or permanently abandoned.
(14) 
Parking. One off-street parking space for every 200 square feet of total floor area, or two off-street parking spaces for each service bay, whichever is larger. Off-street parking spaces shall not be part of, nor interfere with, the access ways to the pumps.
AA. 
F26 Automobile Sales and Rental. Sale and rental of automobiles by a duly franchised new car dealership, used car sales, car, truck, trailer, cycle and boat rental including repair work conducted as an accessory use.
(1) 
Minimum lot area: two acres.
(2) 
Parking. One off-street parking space for each 100 square feet of total floor area and one off-street parking space for each 5,000 square feet of total outside vehicle display area. This required parking shall not be used for the display of automobiles offered for sale or lease.
BB. 
F27 Automobile Repair. Automobile repair garage, including paint spraying and body and fender work, provided that all repair and paint work is performed within an enclosed building.
(1) 
All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area.
(2) 
Vehicles awaiting repairs and junk vehicles may not be stored outdoors more than 20 days.
(3) 
Parking. One off-street parking space for each 100 square feet of total floor area.
CC. 
F28 Automotive Accessories. Sale of automotive accessories, parts, tires, batteries and other supplies. Installation and storage of parts shall be in an enclosed structure.
(1) 
Parking. One off-street parking space for each 100 square feet of total floor area.
DD. 
F29 Truck and Farm Equipment Sales. Truck, heavy equipment and farm equipment repair and sales.
(1) 
Parking. One off-street parking space for each 200 square feet of total floor area.
EE. 
F30 Shopping Center. A neighborhood or community shopping center which is planned and designed as a complex of related structures and circulation patterns.
(1) 
Minimum site area: 10 acres.
(2) 
Not more than 25% of the total site area shall be occupied by buildings.
(3) 
A shopping center may include Use E1 Medical Office, Use E3 Office, Use F1 Commercial School, Use F2 Day-care center, Use F3 Retail Store, Use F6 Service Business, Use F7 Financial Establishment, Use F9 Eating Place, Drive-in and Other Eating Place, Use F11 Tavern, Use F13 Indoor Entertainment, Use F14 Theater, Use F15 Indoor Athletic Club, Use F28 Automotive Accessories, Use F33 Nonresidential Conversion and Use G3 Public Transportation Terminal.
(4) 
Any use of the same general character as any of the above permitted uses, when authorized as a special exception by the Zoning Hearing Board, provided that such use shall be permitted subject to such reasonable restrictions as the Board may determine.
(5) 
No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line, or within 50 feet of any property line. No parking, loading or service area shall be located less than 30 feet from any property line, with the further requirement that parking, loading or service areas shall not be permitted within the required buffer yard.
(6) 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping.
(7) 
Outdoor storage and displays shall conform to the provisions of Use I2.
(8) 
The distance at the closest point, between any two buildings or groups of units of attached buildings, shall be not less than 20 feet.
(9) 
Municipal sewer service and Public Utilities Commission certified water shall be required and shall be provided by the developer. [Ord. 95-8B]
(10) 
Parking. Four and one-half off-street parking spaces shall be provided and maintained for each 1,000 square feet, or portion thereof, of gross leasable area.
(11) 
Conditional reduction of parking improvements, refer to § 27-1914, Reduction of Nonresidential Parking Requirements, of this chapter.
FF. 
F31 Miniwarehouse. Warehouse/storage units provided for lease to the general public for the purpose of storage of articles commonly associated with residential properties.
(1) 
Dimensional Requirements.
Minimum lot area
5 acres
Maximum building coverage
30%
Maximum impervious surface ratio
55%
Minimum setbacks from roads
75 feet
Minimum setbacks from property lines
50 feet
Minimum lot width
150 feet
Maximum height storage units
12 feet
Maximum height other buildings
35 feet
(2) 
Minimum aisle width between buildings shall be 26 feet.
(3) 
The storage facilities complex shall be surrounded by an eight-foot (minimum) fence within the buffer yard and one canopy tree (two-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one evergreen tree (three-foot minimum height) at an average of one tree per 20 lineal feet of buffer. Refer to § 27-2106, Table 27-3, Plant Materials List.[28] The trees shall be placed between the fence and the property line.
[28]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(4) 
Outdoor storage of automobiles, boats and recreation vehicles is permitted if they are within the fenced area. A maximum of two square feet of outdoor storage area shall be permitted for every one square foot of indoor storage area. The parked vehicles shall not interfere with traffic movement through the complex and shall meet the minimum setbacks noted in Subsection 6FF(1) above.
(5) 
The conversion of one or more units to any other use must meet the use, area and dimensional requirements for the intended use as a principal use in the zoning district and the requirements of Use F33 Nonresidential Conversion. The conversion of a mini warehouse, use or complex may be permitted only as a special exception under § 27-2607, Powers and Duties; Special Exceptions, of this chapter.
(6) 
One office and dwelling unit is permitted as an accessory use to provide for a full-time caretaker.
(7) 
Approval shall be obtained from the Township Police Chief and Fire Marshal regarding security and fire protection.
(8) 
Each structure shall not exceed 6,000 square feet in size.
(9) 
Minimum Requirements for Lease Restrictions.
(a) 
No business activities other than leasing of storage units shall be permitted.
(b) 
No explosive, toxic, radioactive or highly flammable materials shall be stored on the property.
(10) 
Parking. One space for each five storage units or, if the size and number of units is flexible, one space for each 2,000 square feet of total floor area and outside storage area. These parking spaces should be distributed equally throughout the storage area. If a manager's living quarters are included, two additional spaces are required. One additional space for each 25 storage compartments or, if the size and number of units is flexible, one space for each 10,000 square feet of total floor area to be located at the project office for use by prospective clients.
GG. 
F32 Dwelling in Combination. An accessory dwelling unit that is clearly subordinate to an institutional, commercial, consumer service or office use.
(1) 
Where permitted, a dwelling in combination may be used as an accessory use with an institutional, commercial, consumer service or office use that is permitted within the applicable district. Where permitted, a dwelling in combination may be used as an accessory use with a nonconforming institutional, commercial consumer service or office use under the requirements of Part 22, Nonconformities.
(2) 
The requirements of § 27-305, Subsection 2H, B8 Residential Conversion, Subparagraphs (2), (3), (4), (6), (7), (10) and (13) shall be met.
(3) 
In the R-25, R-15, LI and HI Districts, not more than one dwelling in combination shall be accessory to a principal nonresidential use.
(4) 
The maximum density in the CB-1 and CB-2 Districts shall be three dwelling units per acre.
HH. 
F33 Nonresidential Conversion. The conversion of an existing structure to a permitted nonresidential use; the conversion of an existing nonresidential use to another permitted nonresidential use; or the conversion of an existing structure to two or more permitted nonresidential uses, where such multiple use activity is otherwise permitted by this chapter. [Ord. 95-8B]
(1) 
This use shall apply to the conversion of all nonresidential uses (e.g., institutional, recreational, office, commercial, consumer service, industrial, etc.)
(2) 
The conversion of a structure to two or more uses shall require approval as a land development under the provisions of Chapter 22, Subdivision and Land Development.
(3) 
A new zoning permit is required each time a structure or use is converted.
(4) 
A certificate of occupancy is required for each use.
(5) 
All parking and other requirements for the particular use shall be met.
II. 
F34 Multiple Commercial Center. A planned development of related commercial uses which incorporates necessary site improvements to foster an integrated commercial district.
(1) 
Minimum site area: one acre.
(2) 
Not more than 30% of the total site area shall be occupied by buildings.
(3) 
No more than 70% of the base site area shall be covered by impervious surfaces.
(4) 
In a multiple commercial center, Use E1 Medical Office, Use E3 Office, Use F1 Commercial School, Use F3 Retail Store, Use F6 Service Business, Use F7 Financial Establishment, Use F9 Eating Place, Use F15 Indoor Athletic Club, Use H4 Printing, Use I10 Signs and Use F33 Nonresidential Conversion may be permitted as uses by right.
(5) 
Use F10 Drive-in and Other Eating Place and Use F1 Tavern may be permitted when approved by special exception, subject to the criteria stated in § 27-2607, Powers and Duties; Special Exceptions, Subsection 4S, F10 Drive-In/Other Eating Places and F11 Tavern.
(6) 
Dimensional Requirements. The minimum yard and the maximum height requirements of § 27-1003, CB-1 Commercial Business District; Area and Dimensional Requirements, shall be met for the overall development. The lot width of the overall development shall not be less than 150 feet.
(7) 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style.
(8) 
Outdoor storage and displays shall conform to the provisions of Use I2 Outside Storage or Display.
(9) 
Municipal sewer service and Public Utilities Commission certified water service shall be required and shall be provided by the developer.
(10) 
The minimum distance between buildings shall be 20 feet.
(11) 
Parking. Five and one-half parking spaces shall be provided and maintained for each 1,000 square feet, or portion thereof, of gross leasable area.
JJ. 
F35 Combined Convenience Commercial (CCC). A commercial use that incorporates two or more related retail uses.
(1) 
Minimum site area: one acre.
(2) 
Combined convenience commercial uses require special exception approval. Any change or addition to the uses permitted by special exception shall require the submission of a revised special exception application.
(3) 
Not more than 30% of the base site area shall be occupied by buildings. The maximum floor area shall be 5,000 square feet.
(4) 
Not more than 70% of the base site area shall be covered by impervious surfaces.
(5) 
In a combined convenience commercial use, uses F3 Retail Store, F6 Service Business, F7 Financial Establishment, F10 Drive-In Eating Place, F25 Service Station or Car-Washing Facility, F28 Automotive Accessories may be permitted.
(6) 
In the CB-1 District, the minimum yard and maximum height requirements of § 27-1003 shall be met. In the CC Convenience Commercial District, the minimum yard and maximum height requirements of § 27-1403 shall be met. The minimum lot width requirement shall be 250 feet along each street on which the lot abuts. All portions of a canopy over gasoline pumps shall meet the minimum yard requirements.
(7) 
The proposed development shall be designed as a single architectural style and shall be constructed in accordance with an overall plan.
(8) 
Outdoor storage and displays shall conform with the provisions of Use I2 Outside Storage or Display.
(9) 
Municipal sewer service and Public Utilities Commission certified water service shall be provided by the developer.
(10) 
The minimum distance between buildings shall be 20 feet.
(11) 
Drive-up service windows shall have a vehicle waiting line-stacking area for at least six vehicles. The waiting line area shall be separated from other circulation lanes and appropriate vehicular circulation shall be provided.
(12) 
No tables, counters or other facilities shall be provided for the consumption of food on the premises.
(13) 
Access drives shall be located at least 200 feet from the intersection of the center lines of any intersecting streets to the closest paved portion of any access drive.
(14) 
For automobile service or repair facilities, the provisions of Use F25, Subsection 6JJ(4) through (12) shall be met.
(15) 
Speaker boxes shall be designed so that they are not audible from any adjacent residential property. Speaker boxes shall not be used between 10:00 p.m. and 7:00 a.m. if the site adjoins a property zoned or used for residential purposes.
(16) 
Off-street parking spaces shall not be part of, nor interfere with, the accessways through the development or to the pumps. On-site circulation shall be provided that is separate from the pump islands and the drive-up window vehicle waiting line-stacking area.
(17) 
Parking. Five and one-half parking spaces shall be provided and maintained for each 1,000 square feet, or portion thereof, of gross floor area.
7. 
Utility, Service and Transportation Uses.
A. 
G1 Utilities. Transformer station, pumping station, relay station, towers (transmission, water or relay), substations, switching center, sewage treatment plant and any similar or related installation, not including public incinerators and public or private landfills.
(1) 
Except in commercial and industrial zoning districts, no public business office or any storage yard or storage building shall be operated in connection with it.
(2) 
A buffer yard shall be provided along all property lines which shall include adequate means for visual screening and meet the requirements of § 27-2106, Buffer Yards, of this chapter.
(3) 
Towers, aerials, masts and other similar structures other than buildings shall be set back from all property lines a distance of at least 1.25 times the height of the structure. Such structures shall be anchored to the ground in a manner satisfactory to the Township. Such structures shall not be subject to the maximum height limitations of this chapter. However, such uses are permitted as special exceptions by the Zoning Hearing Board.
(4) 
Parking. Two off-street parking spaces, or one space per employee, whichever requires the greatest number of spaces.
B. 
G2 Emergency Services. Fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.
(1) 
Parking. Four off-street parking spaces for each fire truck where no community room is a part of the building. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 100 square feet of total floor area.
C. 
G3 Public Transportation Terminal. Bus or taxi station or terminal or public parking lot or parking garage.
(1) 
Parking. Off-street parking spaces as the Zoning Hearing Board shall determine adequate to serve customers, patrons, visitors, employees and vehicles normally parked on the premises.
D. 
G4 Airport or Heliport.
(1) 
In addition to the airport or heliport, accessory office, service, industrial or commercial uses may be approved by the Zoning Hearing Board as special exceptions. The area, dimensional, coverage, buffering, impervious surface limitations and parking requirements for the specific use and the CB-1 Commercial Business District shall be met.
(2) 
Approval shall be secured from the Pennsylvania Department of Transportation, Bureau of Aviation.
(3) 
A "stopway" of at least 200 feet in length and having a width equal to that of the paved runway shall be provided between each end of the runway and the property line of the airport tract.
(4) 
All buildings, runways, taxi ways, parking areas, warm-up pads, aprons, lights, communication facilities, tie-down areas, repair facilities, refueling facilities, etc., shall conform to the setback requirements of this chapter.
(5) 
A steel post and mesh Class "E" wire fence having a height of four feet shall enclose that part of the airport tract which is used by aircraft so that animals and unauthorized persons and vehicles are restrained from entering the aircraft operating area.
(6) 
The owners, lessees and operators of the airport shall take all possible actions to protect the peace, safety and air quality of the environment of the area surrounding the airport. This shall include:
(a) 
The establishment of flight patterns and ground traffic patterns.
(b) 
The location of warm-up ramps, parking area, tie-down areas or hangars.
(c) 
Flight training shall not be scheduled before 7:00 a.m. or after 10:00 p.m.
(d) 
Air shows, displays, etc., shall meet the requirements of Use I4 Temporary Community Event.
(e) 
The requirements of Part 20, Nuisance Standards, shall be met so as to create the least amount of noise, dust, dirt, disturbance, annoyance, hazard and limitation on the enjoyment of the residents and property owners of the Township.
(7) 
The buffer requirements of § 27-2106, Buffer Yards, of this chapter shall be met. In addition, warm-up ramps, parking areas, tie-down areas and hangars shall meet the buffer requirements of this chapter.
(8) 
No airport or heliport shall be established if its flight pattern will conflict with the flight pattern of any existing airport or heliport.
(9) 
Parking. Off-street parking spaces for the principal airport or heliport facility as the Zoning Hearing Board shall determine adequate to serve customers, patrons, visitors, employees and vehicles normally parked on the premises.
E. 
G5 Cellular Communications/Telecommunications Facility. An accessory or a principal use of land that contains a cellular communication/telecommunication antenna, its support structure, accessory building(s) and parking (hereinafter titled a communications facility), and may include other accessory facilities associated with and ancillary to cellular communication/telecommunication transmission.
(1) 
These uses may be permitted by special exception in the R-2, R-2M, LI and HI Districts and on property owned by the Township of New Hanover and used for municipal service facilities.
(2) 
All other uses ancillary to the communications facility, antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located.
(3) 
The minimum site area shall be five acres in zoning districts other than LI and HI. In the LI and HI Districts, the minimum lot area requirement for the applicable district shall apply.
(4) 
The maximum height of the associated building(s) shall be 24 feet. The maximum height of the antenna shall be as approved by special exception.
(5) 
The minimum setback from the base of the antenna and any right-of-way or property line shall be 1 1/4 the height of the structure.
(6) 
A fence shall be provided around the compound of the communications facility which contains the antenna and associated buildings and equipment. The fence shall be between six feet and eight feet in height.
(7) 
The minimum setback from the fence surrounding the communications facility compound shall be the minimum yard requirements for the zoning district or 40 feet, whichever is the greater requirement.
(8) 
On lots of 10 acres or smaller, a communications facility shall not be located in the front yard of a residential structure. On lots of greater than 10 acres, a facility shall not be located in the minimum front yard as specified in this chapter.
(9) 
A planted buffer shall be provided around the fenced facility. The buffer shall meet the Class C planting options of § 27-2106, Table 27-2,[29] Planting Options. The minimum buffer width requirement of § 27-2106, Table 27-2, Planting Options, shall not be required around the communications facility.
[29]
Editor's Note: Table 27-2 is included as an attachment to this chapter.
(10) 
A communications facility that is designed to be unattended on a daily basis and would be visited only for regular maintenance purposes may be located on a property which contains another principal use and the limitation to one permitted use of § 27-301, Applicability of Regulations, shall not apply.
(11) 
Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish in order to reduce visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structure shall be artificially lighted except when required by the FAA.
(12) 
The joint use of a communications facility with the antenna to be attached to an existing or approved communications tower, smoke stack, water tower or other structure which is permitted to exceed the maximum height requirement, pursuant to § 27-1910, Height, of this chapter, is encouraged. The height of the antenna shall not exceed the height of the existing or approved structure by more than 15 feet.
(13) 
Not more than one structure which exceeds the maximum height requirement of this chapter shall be located on any one property.
(14) 
No communications facility tower shall be located within 1/4 mile of another communications facility tower.
(15) 
Parking. For a facility designed to be unattended except for regular maintenance, one off-street parking space; otherwise, two off-street parking spaces or one per employee, whichever requires the greatest number of spaces.
F. 
G6 Local Post Office. A post office use with or without sorting facilities and on-site parking for postal vehicles.
(1) 
Parking. One off-street parking space for each 200 square feet of total floor area used or intended to be used for servicing customers.
8. 
H Industrial Uses.
A. 
H1 Manufacturing. Manufacturing, including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products.
(1) 
Parking. One off-street parking space for each employee on the largest shift, or one off-street parking space for every 500 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
B. 
H2 Research. Research, testing or experimental laboratory.
(1) 
Parking. One off-street parking space for each employee on the largest shift, or one off-street parking space for every 250 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
C. 
H3 Wholesale Business, Wholesale Storage, Warehousing. Wholesale business, wholesale storage or warehousing with no retail sales.
(1) 
No explosive, toxic, radioactive or highly flammable materials shall be stored on the premises.
(2) 
Parking. One off-street parking space for each employee on the largest shift, or one off-street parking space for every 500 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
D. 
H4 Printing. Printing, publishing, binding.
(1) 
Parking. One off-street parking space for each employee on the largest shift, or one off-street parking space for every 500 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
E. 
H5 Contracting. Contractor offices and shops such as building, cement, electrical, heating, masonry, painting and roofing and similar activities.
(1) 
All materials and vehicles shall be stored within a building or an enclosed area which is properly screened.
(2) 
Parking. One off-street parking space for each employee on the largest shift, or one off-street parking space for every 500 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
F. 
H6 Truck Terminal. A use of land or structures for the storage of trucks and/or the transfer of freight from one truck to another.
(1) 
Short term warehousing may be permitted under this use.
(2) 
Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or walls or an enclosed building.
(3) 
Parking. One off-street parking space for each employee, or one space for every 500 square feet of total floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.
G. 
H7 Crafts. Plumbing, carpentry, upholstery, cabinetmaking, furniture making, planing mill and similar crafts.
(1) 
Parking. One off-street parking space for each employee on the largest shift, or one off-street parking space for every 500 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
H. 
H8 Lumber Yard. Lumber yard where lumber products are sold and/or processed. This principal use may be used in conjunction with a planing mill.
(1) 
Parking. One off-street parking space for each employee on the largest shift at maximum employment, but in no case less than one off-street parking space for every 300 square feet of total office and customer service area.
I. 
H9 Mill. Mill where grain and similar products are processed.
(1) 
Parking. One off-street parking space for each employee on the largest shift plus one space for every 250 square feet of total floor area used for servicing customers.
J. 
H10 Fuel Storage and Distribution. Storage and distribution of fuel.
(1) 
Approval shall be secured from the Pennsylvania State Police Fire Marshal for the storage of fuel in excess of 5,000 gallons and the Environmental Protection Agency, where applicable.
(2) 
Parking. Off-street spaces as the Zoning Hearing Board shall determine adequate to serve customers, employees, visitors and vehicles normally parked on the premises.
K. 
H11 Junkyard. An area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used or discarded materials including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall only be stored in a licensed junkyard.
(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) 
The boundaries of any junkyard shall at all times be clearly delineated.
(3) 
All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
(4) 
The land area used for junkyard purposes shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.
(5) 
Such junkyard shall be entirely enclosed by a solid fence or wall, at least eight feet but no more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. The fence or wall shall be situated no closer to any street or properly line than 50 feet. Such fence or wall shall be kept in good repair and neatly painted in uniform color.
(6) 
The contents of such a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(7) 
Between the fence or wall and the street or property line, buffer plantings of materials specified in § 27-2106 shall be placed that are either:
(a) 
One canopy tree (two-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one evergreen tree (four-foot minimum height) at an average of one tree per 20 lineal feet of buffer.
(b) 
One canopy tree (two-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one deciduous shrub (four-foot minimum height) per four lineal feet of buffer. Shrubs shall be privet, forsythia or viburnum species.
(8) 
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means.
(9) 
No explosive, toxic, radioactive or highly flammable materials shall be kept on the property.
(10) 
No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained) by the provision of adequate aisles (at least 15 feet) for escape and firefighting, and by other necessary measures.
(11) 
All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain runoff from a one-hundred-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the Department of Environmental Protection's rules and regulations.
(12) 
The natural resource protection standards of § 27-2101, Natural Resource Protection Standards, shall be met.
(13) 
A junkyard license shall be renewed on an annual basis on or before July 1.
(14) 
The requirements of Chapter 13, Licenses, Permits and General Business Regulations, Part 2, Junkyards and Refuse, shall be met. Refer to § 27-103, Interpretation, for differences between this chapter and said Chapter 13, Part 2.
(15) 
Parking. One off-street parking space for each employee on the largest shift plus three spaces for customer parking.
L. 
H12 Extractive Operation (Mining, Quarrying, etc.). Sand, clay, shale, gravel, topsoil, stone or similar extractive operations including borrow pits (excavations for removing material for filling operations).
(1) 
An operational permit shall be renewed on an annual basis on or before June 1.
(2) 
When applying for a zoning permit, the applicant shall provide the following plans and information:
(a) 
Plans Required.
1) 
Plan of general area (within a one mile radius of site) at a scale of 1,000 feet or less to the inch with a twenty-foot or less contour interval to show:
a) 
Existing Data.
i. 
Location of proposed site.
ii. 
Land use pattern including building locations and historical sites and buildings.
iii. 
Roads. Indicating major roads and showing width, weight loads, types of surfaces and traffic data.
b) 
Proposed Uses or Facilities.
i. 
Subdivisions.
ii. 
Parks, schools, and churches.
iii. 
Highways (new and reconstructed).
iv. 
Other uses potentially affecting or affected by the proposed extractive operation.
2) 
Plan of proposed site at a scale of 100 feet or less to the inch with a five-foot or less contour interval to show:
a) 
Basic Data.
i. 
Soils and geology.
ii. 
Groundwater data and watercourses.
iii. 
Vegetation. With dominant species.
iv. 
Wind data. Directions and percentage of time.
b) 
Proposed Usage.
i. 
Final grading by contours.
ii. 
Interior road pattern, its relation to operation yard, points of ingress and egress to state and Township roads.
iii. 
Estimated amount and description of aggregate and overburden to be removed.
iv. 
Ultimate use and ownership of site after completion of operation.
v. 
Source and amount of water if final plan shows use of water.
vi. 
Plan of operation showing proposed tree screen locations, soil embankments for noise, dust, and visual barriers and heights of spoil mounds.
vii. 
Method of disposition of excess water during operation.
viii. 
Location and typical schedule of blasting.
ix. 
Machinery. Type and noise levels.
x. 
Safety Measures. Monitoring of complaints.
(b) 
Performance Standards.
1) 
Operations. Extractive operations shall meet all development and performance standards of § 27-2101, Natural Resource Protection Standards, Subsection 1C, Steep Slopes, Subsection 1D, Woodlands, and Subsection 1E, Mature Trees.
2) 
Setbacks. No excavation, quarry wall, storage or area in which processing is conducted shall be located within 200 feet of any lot line, 200 feet of any street right-of-way, or within 200 feet of any residential zoning district boundary line.
3) 
Grading. All excavations, except stone quarries over 25 feet in depth, shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.
a) 
Excavations shall be graded and backfilled to the grades indicated by the site plan. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation. Grading and backfilling may be accomplished by use of waste products of the manufacturing operation or other clean fill materials, providing such materials are composed of non-noxious, noncombustible solids.
b) 
Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed normal angle of slippage of such materials, or 45° in angle, whichever is less. During grading and backfilling, the setback requirements in this subclause may be reduced by 1/2, so that the top of the graded slope shall not be closer than 100 feet to any district boundary line, any lot line or any street right-of-way. Stockpiles shall not exceed 100 feet in height.
c) 
When excavations which provide for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven feet horizontal to one-foot vertical, beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.
d) 
Drainage, either natural or artificial, shall be provided so that disturbed areas shall not collect water or permit stagnant water to remain.
4) 
Access. Truck access to any excavation shall be so arranged as to minimize danger to traffic and avoid nuisance to surrounding properties.
5) 
Planting. When planting is the final use to which the tract is put, all that is not covered by water shall be covered with a sufficient amount of arable soils to support vegetation. A planting plan shall be prepared for the entire finished tract using various types of plant material for the prevention of soil erosion and to provide vegetative cover.
6) 
Stone Quarry. Stone quarries whose ultimate depth shall be more than 25 feet shall provide the following:
a) 
A screen planting within the setback area as specified in subclause 2), Setbacks, above, shall be required. Such a screen shall be no less than 25 feet in width and setback from the excavation so as to keep the area next to the excavation planted in grass or ground cover and clear of any obstruction.
b) 
A chain link (or equal) fence at least 10 feet high and with an extra slanted section on top, strung with barbed wire, shall be placed at either the inner or outer edge of planting completely surrounding the area.
c) 
Warning signs shall be placed on the fence at intervals of no more than 100 feet.
7) 
No ground vibration caused by blasting or machinery shall exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164 — 168, and the rules and regulations adopted thereunder, with the exception that no blasting shall cause a peak particle velocity greater than one inch per second, measured at any property line. Blasting shall not occur between the hours of 6:00 p.m. and 7:00 a.m.
(3) 
Parking. One off-street parking space for each employee in the largest shift, plus one space for each company vehicle normally stored on the premises.
M. 
H13 Industrial Park. An industrial park is a planned development of industrial and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.
(1) 
Industrial uses may be located in detached or attached structures.
(2) 
Dimensional Requirements.
Minimum site area
10 acres
Minimum setback from street and property lines-site
100 feet
Minimum frontage at street lines-site
150 feet
Minimum building spacing
100 feet
Maximum height
24 feet
Minimum setback-internal street
50 feet
(3) 
An industrial park may include Use E3 Office, Use F7 Financial Establishment, Use F9 Eating Place, Use F15 Indoor Athletic Club, Use F22 Motel-Hotel, Use H1 Manufacturing, Use H2 Research, Use H3 Wholesale Business, Wholesale Storage, Warehousing, Use H4 Printing and Use H5 Contracting.
(4) 
At least 70% of the total floor space of the park must be used for industrial uses.
(5) 
Accessory outside storage of materials, goods or refuse must be buffered around the area devoted to storage either by six-foot cedar or spruce fence or a hedgerow at least four feet in height with appropriate material as specified in § 27-2106, Table 27-3, Subsection D, Hedge, and Subsection E, Hedgerow, planted on three-foot centers.[30]
[30]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
(6) 
Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
(7) 
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards of this chapter shall be met.
(8) 
All uses within the industrial park shall take access from an interior roadway. Access for the park shall be from an arterial or collector highway.
(9) 
All parking, loading facilities and outside storage areas shall be located to the rear or side of buildings.
(10) 
Interior roadways shall have street trees, planted on forty-foot centers in accordance with § 27-2106, Table 27-2, Planting Options, Option A, of this chapter.[31]
[31]
Editor's Note: Table 27-2 is included as an attachment to this chapter.
(11) 
All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or other ownership arrangement approved by the Board of Supervisors.
(12) 
The applicant shall submit a plan for the overall design and improvements to the industrial park.
(13) 
Parking. One off-street parking space for each employee on the largest shift or one space for every 500 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises. In addition, one visitor parking space for each 10 management employees shall be provided.
(14) 
Conditional reduction of parking improvements, refer to § 27-1914, Reduction of Nonresidential Parking Requirements.
N. 
H14 Resource Recovery Facility. A facility or land that is used for any one or a combination of the following or similar uses: autoclaving, composting, incineration, material separation, recycling or trash transfer. A resource recovery facility shall be owned and operated by the Township or municipal authority by and on behalf of the Township.
(1) 
Related Definitions.
(a) 
Autoclaving Facility. A facility making use of the technology and activity by which superheated steam is pressurized and applied to certain items, materials, products, byproducts or infectious or chemotherapeutic wastes to sterilize the same by killing bacteria, pathogens and other disease-producing microorganisms and shall also include other related activities including the collection, transportation, processing and storage of the contaminated/sterilized items but not including incineration or other disposal of the contaminated/sterilized items.
(b) 
Composting Facility. A facility for the composting of the organic matter in municipal solid waste.
(c) 
Incinerator. A facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery.
(d) 
Material Separation and/or Refuse Derived Fuel (RDF) Facility. The extraction of materials from municipal solid waste for recycling or for use as refuse derived fuel (RDF).
(e) 
Municipal Solid Waste. The unseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.
(f) 
Recycling Facility. A business that accumulates material such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.
(g) 
Transfer Station. A facility where municipal solid waste is delivered for the purpose of transferring the material into another container or vehicles for transport to a final disposal site or processing facility. (A transfer station may include the separation and collection of material for the purpose of recycling.)
(2) 
Minimum lot area: 10 acres.
(3) 
Any such use shall be a minimum of 200 feet from any public road as measured from the ultimate right-of-way of the road and 200 feet from any property line. Additionally, an incinerator or transfer station shall be a minimum of 300 feet from any residential zoning district or occupied residential dwelling unit.
(4) 
Parking areas shall be minimum of 100 feet from any property line.
(5) 
Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PaDEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PaDEP, the more restrictive PaDEP regulations shall supersede and control.
(6) 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.
(7) 
Unloading of municipal solid waste shall be continuously supervised by a facility operator.
(8) 
Hazardous waste as included on the list of hazardous waste as maintained by the Department of Environmental Protection shall not be disposed of in a resource recovery facility.
(9) 
Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the Township. To control blowing paper, there shall be erected a fence having a minimum height of 15 feet, with openings not more than two inches by two inches along all boundaries. The entire area shall be kept clean and orderly.
(10) 
All parts of the process-unloading, handling and storage of municipal solid waste-shall occur within a building. However, certain separated recyclable materials like glass, aluminum and other metals may be stored outdoors.
(11) 
The storage of paper shall be within a building.
(12) 
Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.
(13) 
No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(14) 
No municipal solid waste shall be processed or stored at a recycling facility. For all other types of resource recovery facilities, municipal solid waste shall not be stored on the site for more than 72 hours.
(15) 
A contingency plan for disposal of municipal solid waste during a plant shut down must be submitted to the Township and approved by the Board of Supervisors.
(16) 
Leakage from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leakage is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leakage be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Pennsylvania Department of Environmental Protection's regulations.
(17) 
Waste from the resource recovery facility process (such as, but not limited to, ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 100 feet from any property line and stored in leak proof and vector proof containers. Such process waste shall be disposed of in a sanitary landfill approved by PaDEP or in another manner approved by PaDEP.
(18) 
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be at least four feet in height and planted on ten-foot staggered centers. In addition, the buffer requirements of § 27-2106 of this chapter shall be met.
(19) 
Solid waste landfill operations and open burning of any materials are not permitted under this use.
(20) 
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards of this chapter shall be met.
(21) 
A traffic impact study and a water impact study shall be required.
(22) 
An operational permit shall be renewed on an annual basis on or before June 1.
O. 
H15 Solid Waste Landfill. A site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.
(1) 
The landfill shall be owned and operated solely by the Township or a municipal authority by and on behalf of the Township.
(2) 
The construction and operation of a sanitary landfill shall not be permitted unless a permit for such landfill has been issued by the Pennsylvania Department of Environmental Protection and the landfill is constructed and operated in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Pennsylvania Department of Environmental Protection. Operation of any solid waste landfill shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, and the rules and regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this part are less restrictive than any present or future rules or regulations of the Department, the more restrictive department rules or regulations shall supersede and control in the operation of such solid waste landfill.
(3) 
A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.
(4) 
Burning of solid waste is prohibited at a landfill. Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Department of Environmental Protection and the Township.
(5) 
Gaseous and particulate emission from the landfill site shall conform to the prevailing federal, state and local air pollution control codes and regulations.
(6) 
Direct access shall be taken from an arterial or collector highway.
(7) 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(8) 
Unloading of waste shall be continuously supervised.
(9) 
Measures shall be provided to control dust. To control blowing paper, there shall be erected a fence having a minimum height of 15 feet, with openings not more than two inches by two inches along all boundaries. The entire area shall be kept clean and orderly. Cracks in, depressions in or erosion of cover shall be repaired daily.
(10) 
Hazardous materials including, but not limited to, highly flammable materials, explosives, pathological wastes, radioactive materials, liquids, and sewage, shall not be disposed of in a solid waste landfill.
(11) 
The disposal of sewage liquids and solids and other liquids shall be specifically prohibited in a solid waste landfill.
(12) 
Litter control shall be exercised to confine blowing litter to the work area and a working plan of clean up of litter shall be accomplished.
(13) 
Salvaging of materials as permitted by law shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.
(14) 
The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill, and to prevent the collection of standing water. The operator shall comply with the requirements of 25 Pa.Code, Chapters 75 and 102, and applicable Township ordinances so that there is no adverse off-site impact from the drainage of surface water.
(15) 
Operation of any solid waste landfill shall at all times be in full compliance with the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq., as amended.
(16) 
An operational permit shall be obtained on an annual basis.
(17) 
A final inspection of the entire site shall be made by the Department of Environmental Protection and the Township and their authorized representatives to determine compliance with approved plans and specifications before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.
(18) 
The initial application for a solid waste landfill shall be accompanied by impact statements as required by Part 22, Nonconformities, of this chapter. A plan for the reuse of the land shall be submitted, in writing, to the New Hanover Township Board of Supervisors at the time of securing a permit for a landfill operated by the municipal authority. The plan shall be in compliance with the prevailing zoning at time of application.
(19) 
Maximum lot size shall be 100 acres.
(20) 
No more than one access road shall be constructed to the entrance of the landfill. The access road shall be an all-weather paved surface road negotiable and capable of supporting loaded solid waste collection vehicles.
(21) 
An all-weather access road negotiable by loaded collection vehicles shall be provided from the entrance of the landfill to the dumping area.
(22) 
Maximum active dumping area shall be three acres. Continued operation of the landfill shall be subject to compliance with all state and Township regulations pertaining to landfills.
(23) 
No operations shall be carried on within 100 feet of any property line of the landfill or within 100 feet of any street right-of-way.
(24) 
No dumping shall be permitted on Sundays or legal holidays. Dumping permitted only between the hours of 7:30 a.m. and 5:30 p.m.
(25) 
The storage of fuel to be used on the landfill site shall be in accordance with all applicable federal, state and Township regulations.
(26) 
A chain link fence of minimum height of 12 feet shall be erected along all boundary lines of the area which is approved for use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than nine square inches and shall contain, at all entrances, gates which are locked except during operating hours. A dense evergreen screen of a minimum height of 12 feet shall be maintained along all boundary lines of the landfill, except at the entrances. Refer to § 27-2106, Table 27-3, Plant Materials List, for plant material.[32]
[32]
Editor's Note: Table 27-3 is included as an attachment to this chapter.
P. 
H16 Commercial Groundwater Extraction, Processing and/or Exportation. The use, occupancy or operation of a parcel, tract or lot of real estate, site, facility or structure to explore for, drill for and/or recover, remove, develop, produce, treat, bottle, store or transport groundwater (which for the purpose of this chapter shall include water emanating or generated from any underground aquifer, spring, infiltration gallery or artesian water source) intended, ultimately, for sale, resale or at a fee for human use or consumption. It being the intention of this part to define the obligations and responsibilities for compliance with this chapter so that such activities may be conducted in harmony with other uses of land without creating public health or safety hazards, nuisances, pollution or environmental degradation.
(1) 
The commercial extraction, processing and/or exportation of groundwater in New Hanover Township shall only be permitted in the HI Heavy Industrial District and the LI Light Industrial District; provided, such use, occupation or activity meets all of the requirements of this part. Such use or activity may be permitted as a conditional use in the CB-1 Commercial Business District provided it meets all of the requirements of this part (see also Part 25, Administration and Conditional Uses, § 27-2509, General Conditions for Conditional Uses) and any other conditions as may be established by the Board of Supervisors necessary to assure the use is conducted in harmony with and without impact upon other uses of land and other activities within the Township. The following provisions and conditions shall apply to all such uses, occupancy or activities, whether conducted as a permitted use or a conditional use.
(2) 
The commercial extraction, processing and/or exportation of groundwater in New Hanover Township shall only be permitted if conducted on a tract, lot or parcel of real estate, as the sole use, occupant and activity on said tract, lot or parcel.
(3) 
The owner and/or operator shall obtain, maintain and submit to the Township copies of any and all approvals, permits, licenses and operational authority as may be granted and/or required by the Environmental Protection Agency, the Food and Drug Administration, the Delaware River Basin Commission, the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Agriculture, the Montgomery County Health Department and any other agency having jurisdiction over such facilities or operations.
(4) 
The minimum lot area for any site involving the commercial extraction or recovery of groundwater shall be 25 acres and the minimum area for processing or exportation of water, not involving the extraction or recovery of groundwater, shall be 15 acres.
(5) 
The minimum lot width for any site involving the commercial extraction, processing or exportation or groundwater shall be 300 feet, shall have a minimum front yard setback of 200 feet and shall have a minimum setback for each side and rear yard of 100 feet.
(6) 
The minimum isolation distance between any proposed well head or supply site for extraction or recovery of groundwater and an existing water supply source or facility, not located on the same tract, lot or parcel of real estate, shall be not less than 500 feet.
(7) 
In addition to complying with the provisions, terms and conditions as set forth in this chapter, Part 24, Impact Statements, § 27-2407, Water Impact, and providing Township with such documents and records as are designated, all applications for the commercial extraction, processing and/or exportation of groundwater shall demonstrate to the satisfaction of the Township Engineer and the Board of Supervisors that other nearby or adjacent water supply sources will not be affected (including, but not limited to, discontinued use, contamination, loss of supply, quality or quantity, or the ability to properly recharge over time) by the use, occupancy and operation of the commercial facility. Where deemed appropriate or as required by the New Hanover Township Engineer, the owner/operator shall comply with all pertinent regulations for community water supplies.
(a) 
A dynamic recovery rate and drawdown test of the proposed commercial extraction recovery supply site shall be conducted by the owner/operator and the result shall be submitted to the Township to determine the maximum safe daily yield of the commercial facility operation, which shall be preceded by, at least, 72 hours advance written notice to the owners of all known underground water supply sources within a distance of 1,500 feet of the test site (in the absence of any such underground water supply sources being located within said distance, the owner/operator shall install a minimum of two test/monitoring wells, the first being not closer than 400 feet and not further than 600 feet from the test site and the second being not closer than 800 feet and not further than 1,500 feet from the test site) and shall include observation, monitoring and a report of the results of such test and the recovery rates resultant from those tests which shall be submitted to the Township and the owner of any such monitored supply source. All such dynamically recovery rate and drawdown test shall be subject to advance notice to and the approval by the New Hanover Township Engineer.
(b) 
The owner/operator shall prepare and submit to Township, prior to initiations of extraction, processing and exportation operations, a study prepared by a professional hydrologist certifying that the commercial facility operation will be supplied by a continuous, safe daily yield which will not adversely affect the groundwater table, aquifer or existing water supply sources within 1,500 feet of the source of extraction, removal or recovery. The conclusions of the study shall be subject to the review and approval of the New Hanover Township Engineer.
(8) 
The subject site shall meet the minimum standards set forth in § 27-2106, Buffer Yards, and for the purposes of determining the buffer yard requirement(s) as designated on Table 27-1, Determination of Buffer Yard,[33] the site shall comply with the equivalent requirements for the Use H15 Solid Waste Landfill; further, prior to the commencement of and during all operations, the site shall be completely enclosed by a chain link fence, masonry wall or other approved fencing material, which shall be placed immediately inside/behind the vegetative screening required by § 27-2106, Buffer Yards, according to one of the following requirements:
(a) 
If the owner/operator elects to install a fence, the same shall be installed with fence fabric, at least, six feet in height, with support posts to be set in concrete and to be embedded into the ground to a sufficient depth to maintain the stability of the fence, the chain link fabric shall be galvanized steel wire with a minimum thickness of 11 gauge, with a minimum plating of 1.2 ounces of zinc per square foot of surface area or shall be coated with vinyl or plastic material, as may be approved by the Chief of the Fire Department, the chain link fabric shall be a two-inch mesh; provided, however, 3 1/2-inch mesh may be used on any fence where the fabric is interwoven with artificial screening material approved by the Chief of the Fire Department, post and rail shall be standard, galvanized, welded pipe, schedule 40 or thicker, galvanized inside and outside with a plating which contains a minimum of 1.2 ounces of zinc per square foot of surface area and tension roads shall be 3/8 of an inch round steel bolt stock with adjustable tighteners having turnbuckles or equivalents with a six-inch minimum take-up and tension bars having a minimum thickness of 1/4 inch by 3/4 of an inch.
(b) 
If the owner/operator elects to install a masonry wall, said wall shall be of a design compatible with the facilities, buildings and structures on and adjacent to the site, the wall shall be at least six feet in height and the wall shall be constructed in accordance with the specifications of the Township Building Code.[34]
[34]
Editor's Note: See Ch. 5, Code Enforcement, Part 2, Uniform Construction Code.
(c) 
Either fence or masonry wall shall be equipped with, at least, one gated area which gated area shall be not less than 12 feet wide and be composed of two gates, each of which shall be not less than six feet wide, or one sliding gate, not less than 12 feet wide and if two gates are used, said gates shall latch and lock in the center of the span, said gates shall be of chain link construction which meets the applicable specifications or of other approved material which, for safety reasons, shall be at least as secure as chain link fence and which shall be kept locked except when being used for access to the site.
[33]
Editor's Note: Table 27-1 is included as an attachment to this chapter.
(9) 
Security lighting shall be installed on or about the site in such a manner that no lights located on the operation site shall be directed in such a manner that they shall shine directly on adjacent property or property in the general vicinity of said site. Any drilling derricks, structures or towers shall have aircraft warning lights which meet all applicable Federal Aviation Administration regulations.
(10) 
A sign shall be prominently displayed and maintained in good condition near or adjacent to the entry access to said site, which sign shall be of durable material, and unless otherwise required by the Board of Supervisors, shall have a surface area of not less than two square feet nor more than four square feet upon which shall be lettered the name of the operator/owner, two telephone numbers for the person(s) responsible for said site activity and management who may be contacted in case of emergency and the address of the said site.
(11) 
Prior to the commencement of any activities, operations, and, in specific, any drilling activities, all driveways used for access to said site and, more specifically, said drill site, shall be surfaced with crushed rock, gravel or ore, and shall be treated and maintained to prevent dust and must and prior to the commencement of processing or extraction activities, shall be paved in accordance with the specifications established by this Code of Ordinances. The location of said driveway access points shall be subject to the applicable governmental or municipal agency for the particular highway occupancy permit needed with regard to the road frontage and in addition, such requirements or standards as may be required by the Board of Supervisors after consideration of all circumstances including, but not limited to, the following: the lineal distance of the driveway entering from public streets and highways, the distance from adjoining and nearby property owners, the purpose for which the property of such owner is or may be used, topographical features, nature of the soil and exposure to wind.
(12) 
Except as may be otherwise specifically approved by the Board of Supervisors, electric motors shall be used to drive all pumping and drilling units. To the extent that any drilling structures, derricks and/or portable mast are used for drilling, redrilling, deepening or reworking, they shall meet the standards and specifications of the American Petroleum Institute as they presently exist or may be hereafter amended; further, all drilling, redrilling, deepening or reworking equipment shall be removed from the site within 30 days following the completion of said drilling, redrilling, deepening or reworking process unless otherwise permitted by the Township Board of Supervisors. During the drilling, redrilling, deepening or reworking process, it shall be unlawful for any person, owner or operator to discharge into the open air the exhaust from any internal combustion engine, used in connection with the drilling of any well or for use on any production equipment, unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and prevent the escape of obnoxious gases, fumes or ignited carbon or soot.
(13) 
No drilling, redrilling, deepening or reworking or other portable equipment shall be stored at the site which is not essential to the every day operation thereof and all idle equipment shall be removed when the same is not necessary for day to day operations. Lumber, pipes, tubing and casing shall not be left on or about the site except when drilling or well servicing operations are being conducted on the site. It shall be illegal for any person, owner or operator to park or store any item of machinery or vehicle on any street, right-of-way or in any driveway, alley, nor upon any site when to do so constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except when that equipment is necessary for the maintenance of the site or for gathering or transportation of water from said site. There shall be no exterior storage of materials, equipment or vehicles permitted on or about the site under any circumstances except when those materials are actively engaged with and in use for the operation or performance of activities at said site.
(14) 
Any drilling residue, drill cutting, oil and all other wastes derived or resulting from, or connected with the drilling, redrilling, deepening or reworking of any well shall be stored and/or discharged into portable steel tanks. Unless otherwise directed and approved by the Board of Supervisors, such waste materials shall be removed from the operation site with 30 days from and after completion of drilling, redrilling, deepening or reworking any well. No person shall own, operate, have possession of or be in control of, or maintain any such site on which an unlined slush, sump or sump pit or skim pond is located (which provisions shall not apply to portable sump tanks).
(15) 
Whenever abandonment occurs or activity ceases at a well or other groundwater recovery site for a period of 180 days, the owner/operator shall be responsible for the restoration of the drill site and operational site, to its original condition as nearly as practicable in conformity with the regulations of this chapter. The owner/operator shall furnish the Township with any and all documentation confirming compliance with all abandonment procedures under all applicable federal and/or commonwealth statutes, county ordinances or regulations and, more specifically, those adopted by the Pennsylvania Department of Environmental Protection, and further, shall file a notice of intention to abandon under the provisions of this section stating the date such work will be commenced, the nature of said activity to abandon and close such well and the schedule for performance of such activities.
(16) 
During the term of active use and occupancy of the site, the owner/operator shall provide Township, at least on an annual basis, with copies of any and all reports, documents, filings, applications, permits and other relevant materials required to be maintained and/or filed with the relevant departments, commissions, agencies or boards of the federal government, Commonwealth of Pennsylvania or County of Montgomery and during the active term of operations of said facilities, the owner/operator shall permit, upon reasonable notice (not more than 24 hours nor less than two hours, except in cases of emergency constituting a public nuisance or hazard to the health, safety and welfare of those on or about the site or in the vicinity of the site), any officer, agent, servant and/or employee of the Township appointed as such to enter the premises and/or such buildings or structures as may be necessary to inspect the same or to perform any duty imposed upon the Township Zoning Officer by this Code of Ordinances and further the owner/occupant by occupancy of the site in accordance with a zoning permit shall and does hereby specifically acknowledge said right of entry and upon unreasonable refusal to permit the same, owner/occupant shall be liable for the cost and expenses, including reasonable attorney's fees, if any, necessary to obtain further lawful authority and exercise such right of entry.
(17) 
Owner/occupant shall submit a land development plan to the Township of New Hanover which demonstrates compliance with all provisions of this chapter, as well as, the terms, conditions and provisions of Chapter 22, Subdivision and Land Development, and all other pertinent terms and conditions of this Code of Ordinances and regulations adopted by New Hanover Township.
9. 
I General Accessory Uses and Structures.
A. 
I1 Nonresidential Accessory Building. Accessory building, or structure, or uses customarily incidental to the uses permitted within the zoning district, except outside storage. For any use accessory to a use permitted only as a special exception or conditional use, the accessory use shall only be permitted as a special exception or conditional use.
(1) 
Nonresidential accessory buildings shall meet the minimum setbacks for the principal nonresidential use.
(2) 
School Bus Shelter.
(a) 
For each proposed bus shelter a letter of acknowledgment and consent must be provided from the school district indicating that the proposed bus shelter is an actual bus stop location satisfactory to and approved by the school district. The Township must also be provided with proof of insurance from the company owning the bus shelter as well as the owner of the property upon which the shelter is located.
(b) 
Maximum floor area: 63 square feet.
(c) 
Such structures shall be located at least 12 feet from any cartway and any property line.
(d) 
Two parallel signs, no more than six square feet each, may be attached to the structure. These signs may advertise goods, services, businesses or organizations not located on the property.
(3) 
Parking. Parking shall conform to the requirements of the most closely related use.
B. 
I2 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.
(a) 
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yards, shall be occupied by outside storage or display except in the CB-1 Zoning District where outside display shall not extend more than five feet beyond the front of the building.
(b) 
Outside storage areas shall be shielded from view from all public streets.
(c) 
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage up to 1,000 square feet for Institutional Uses (C) or Commercial and Consumer Service Uses (F).
(2) 
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection 9B(1)(b) and (c) above when granted as a special exception by the Zoning Hearing Board.
(a) 
No more than 25% of the lot area shall be used in outdoor storage or display.
(b) 
In particular, uses appropriate under this provision include, but are not limited to, Use A2 Nursery, Use H8, Lumber Yard, Use F26 Automobile Sales and Rental, Use H6, Truck Terminal, and Use A7 Agricultural Retail.
(c) 
Among the uses that shall not be appropriate for inclusion under this provision are Use F3 Retail Store, Use F12 Repair Shop, Use F25 Service Station or Car-Washing Facility, Use F27 Automobile Repair, Use F28 Sale of Automobile Accessories, Use H3 Wholesale Business, Wholesale Storage, Warehousing, Use H5 Contracting, and Use H7 Crafts.
C. 
I3 Temporary Structure. Temporary structure, building or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature.
(1) 
The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods not to exceed one year, subject to the limitations specified in § 27-304, Temporary Accessory Uses.
(2) 
Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the Township.
D. 
I4 Temporary Community Event. A temporary activity including, but not limited to, flea markets, public exhibitions, auctions, carnivals, circuses, picnics, air shows and suppers for fund-raising, and similar organizational events and meetings.
(1) 
Such temporary uses shall be limited to occurrences of not more than seven days per occurrence. Such occurrences shall be limited to not more than four occurrences in a calendar year for each organization. There shall be at least a thirty-day period between such occurrences.
(2) 
Signs advertising a temporary community event shall be limited to 12 square feet in size. Such signs shall be posted no more than 14 days prior to the first day of the event and shall be removed on the final day of the event. No more than four off-premises signs shall be placed. The location of off-premises signs must be approved by the property owners of the properties upon which they are to be fixed.
(3) 
Such uses may be permitted as conditional uses. The applicant shall provide the Board of Supervisors with plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control and clean-up after the event.
E. 
I5 Oil and Gas Drilling and Operations. Refer to Part 18, Oil and Gas Well Drilling and Operations.
F. 
I6 Wind Energy Conversion System (WECS). A wind energy conversion system is a device which converts wind energy to mechanical or electrical energy.
(1) 
Siting.
(a) 
A WECS shall be set back from any property line, above-ground utility line, or other WECS a distance greater than either its overall height, including blades as provided in Subsection 9F(3)(e) below or the minimum yard requirements, whichever is greater.
(b) 
In the case of performance subdivisions or cluster developments, a WECS shall be erected within the common open space area and shall be set back from all residences a distance greater than its overall height, including blades.
(c) 
Contiguous property owners may construct a WECS for use in common, provided that the required setback is maintained relative to the property lines of nonparticipating owners.
(2) 
Size.
(a) 
Maximum output: 200 KW.
(b) 
Maximum blade diameter: 80 feet.
(c) 
Maximum height: None — a WECS is not limited by the maximum height restrictions of this chapter but may require FAA or Bureau of Aviation permitting if required by the FAA or PennDOT.
(3) 
Safety.
(a) 
Minimum blade height: 15 feet at lowest point of arc.
(b) 
Access Control. Minimum access height of 12 feet or minimum fence height of six feet with locking portal.
(c) 
The design of a proposed WECS shall be such that it will operate safely, without loss of structural integrity and certified by a licensed engineer, under the following conditions:
1) 
Loss of utility power (shall not back feed dead utility line).
2) 
High wind speed (shall brake or feather below survival wind speed).
3) 
Blade imbalance (shall support added blade weight of at least 10%).
(d) 
A minimum of one sign shall be posted near ground level or on the tower structure warning of high voltage.
(e) 
The structure shall be setback from all property lines a distance at least 1.25 times the height of the structure at the highest point of the blade arc.
(4) 
Other Standards.
(a) 
The electric and utility lines to and from a WECS shall be underground.
(b) 
The ground level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing.
(c) 
A WECS shall primarily serve on site generation needs. If hook-up to public utility system is proposed, electrical plans must be prepared by a certified electrical engineer, at the applicant's expense, and submitted to the appropriate public utility.
(d) 
A WECS shall not interfere with the reception of any radio, television or other communication equipment.
G. 
I7 Air Landing Field. A private, noncommercial air landing field.
(1) 
Approval of the Pennsylvania Department of Transportation, Bureau of Aviation, shall be secured.
(2) 
No air landing field shall be established if its flight pattern will overlap with the flight pattern of any existing air landing field.
(3) 
All buildings, runways, taxiways, parking areas, warm-up pads, aprons, lights, communication facilities, tie-down areas, repair facilities, refueling facilities, etc., shall conform to the setback requirements of this chapter.
(4) 
The owners or lessees of the air landing field shall take all possible actions to protect the peace, safety and air quality of the environment of the area surrounding the air landing field. This shall include:
(a) 
The location of warm-up ramps, parking areas, tie-down areas, and hangars in relationship to dwellings and other uses in the area.
(b) 
The limitation of flights before 6:00 a.m. and after 10:00 p.m.
(c) 
The requirements of Part 20, Nuisance Standards, shall be met so as to create the least amount of noise, dust, dirt, disturbance, annoyance, hazard and limitation of the enjoyment of the residents and property owners of the Township.
(5) 
Parking. As determined by the Zoning Hearing Board.
H. 
I8 Radio and Television Towers, Water Towers, Aerials, Flagpoles, Dish Antenna and Silos. An accessory use for a principal use other than Use G1 Utilities or Use G5 Cellular Communications/Telecommunications Facility.
(1) 
The structure shall be setback from all property lines a distance at least 1.25 times the height of the structure.
(2) 
The structure shall be anchored to the ground in a manner satisfactory to the Township.
(3) 
The structure shall not be subject to the maximum height limitations of this chapter.
(4) 
On lots of 10 acres or smaller, dish antenna, radio towers and television towers shall not be located in the front yard of a residential structure. On lots greater than 10 acres, these uses shall not be located in the minimum front yard as specified in this chapter.
(5) 
The diameter of the dish antenna shall not exceed nine feet.
(6) 
When separately supported, the total height of the dish antenna shall not exceed 10 feet.
(7) 
Roof mounting of a dish antenna is not recommended. If roof mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot and no part thereof shall project above the ridge line. Provided, however, in no event shall a roof-mounted antenna exceed three feet in diameter. Dish antennas shall not be mounted on chimneys.
(8) 
No more than one dish antenna shall be permitted on any lot.
(9) 
When not roof mounted, the dish antenna shall be screened by staggered plantings of evergreens which present a solid visual barrier to adjoining houses and to the street. Before a permit will be issued for the erection of a dish antenna, a screening plan must be submitted to and approved by the Planning Commission.
(10) 
Uses under this section are permitted only when approved by the Zoning Hearing Board as a special exception. However, a flagpole 35 feet or lower in height or a dish antenna 28 inches or less in diameter shall be permitted by right; a special exception is not required.
I. 
I9 Off-Street Parking. Off-street parking, subject to the provisions and requirements of §§ 27-1913 to 27-1915.
J. 
I10 Signs. Signs, subject to the provisions and requirements of Part 23.
[Ord. 3/29/1990A, § 305]
1. 
Other dwelling types or uses, not specifically or adequately defined in § 27-305 of this chapter, may evolve after the enactment of this chapter or were not uses commonly in use at the time of the enactment of this chapter. From time to time, however, such dwelling type or uses may become reasonable and appropriate. It is the purpose of this chapter to provide for all reasonable and appropriate uses and it is the purpose of this section to establish a mechanism for inclusion of such additional dwelling types or uses in the Township.
A. 
The landowner, equitable or otherwise, shall submit his request for inclusion of a specific dwelling type or use to the Board of Supervisors and Planning Commission with illustrations and explanatory information which fully describe the dwelling type or use and the manner in which the proposed dwelling type or use substantially differs from permitted uses in this chapter.
B. 
The Planning Commission shall review the submission and advise the Board of Supervisors. It shall be determined if the proposed dwelling type or use falls within any of the permitted use classifications of this chapter, is a variation of a permitted use or is an exotic use which is not reasonable and appropriate.
C. 
It is the intent of this chapter that reasonable and appropriate dwelling types or uses not specifically or not adequately described in this chapter shall be provided for as follows:
(1) 
Residential uses in the R-15 Residential District under Use B2 Performance Standard Development.
(2) 
Institutional uses in the CB-1 Commercial Business District.
(3) 
Office, commercial and consumer service uses in the CB-1 Commercial Business District.
(4) 
Industrial uses in the HI Heavy Industrial District.
D. 
Such reasonable and appropriate dwelling types or uses shall be permitted in the districts noted above subject to the density, area, dimensional and other requirements of the district as conditional uses under Part 24 of this chapter.
E. 
Applications for zoning change requests are provided for under § 27-2708.
[Ord. 3/29/1990A, § 306; as amended by Ord. 93-2, 2/8/1993, § 39; by Ord. 95-8, 9/25/1995, §§ 3B, 4C; by Ord. 95-8B, 11/27/1995, §§ 16, 17; by Ord. 97-7, 10/13/1997, § 27-307; by Ord. 98-4, 4/27/1998, § 3; by Ord. 98-6, 6/22/1998, § 6; by Ord. 99-2, 6/28/1999, §§ 22 — 24; and by Ord. 01-6, 10/22/2001, § 19; by Ord. 05-06, 8/2/2005, § 15; by Ord. 06-02, 1/30/2006, § 9; by Ord. 06-01, 2/13/2006, § 14; and by Ord. 17-03, 3/27/2017]
(The Table of Use Regulations is included as an attachment to this chapter.)