Township of Elizabeth, PA ARTICLE XIV EXPRESS STANDARDS AND CRITERIA FOR GRANTING CONDITIONAL USES AND USES BY SPECIAL EXCEPTION

§ 1400 Applicability.

The following procedures shall apply to all applicants for approval of a conditional use or use by special exception in all zoning districts.

§ 1401 Procedure for Approval.

1401.1 Approval of Conditional Uses. The Board of Commissioners shall hear and decide requests for conditional uses; however, the Board of Commissioners shall not approve a conditional use application unless and until:

A. A written application for conditional use approval is submitted to the Zoning Officer no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:

(1) A preliminary land development plan, if required by the Township Subdivision and Land Development Ordinance[1] or, if a land development plan is not required, a current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

[1] Editor's Note: See Ch. 22, Subdivision and Land Development.

(2) A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

(3) A traffic impact analysis, as defined by this chapter, prepared by a registered traffic engineer for the following proposed conditional uses:

(a) Any proposed use which involves the construction of 50 or more multifamily dwellings.

(b) Any proposed use in the B-1, B-2 or I-1 District which involves the construction of a new building or remodeling for a change of use of an existing building having a gross floor area of 10,000 square feet or more.

(4) The application fee required by § 2009 of this chapter.

B. A written recommendation is received from the Township Planning Commission or 45 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.

C. A public hearing is conducted by the Board of Commissioners pursuant to public notice and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application, unless the applicant has agreed in writing to an extension of time.

D. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And the applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

E. The Board of Commissioners shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

F. Where the Board of Commissioners fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearing as specified in Subsection A(2) and (3), above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. The Board of Commissioners shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If the Board of Commissioners shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

G. In allowing a conditional use, the Board of Commissioners may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvement, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 2001 of this chapter.

1401.2 Expiration of Conditional Use Approval. Conditional use approval shall expire if no application for a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Commissioners, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension. Upon expiration of conditional use approval, the Zoning Officer shall provide written notice of the expiration to the applicant.

1401.3 Approval of Uses by Special Exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:

A. A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:

(1) A current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

(2) A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

(3) A traffic impact analysis, as defined by this chapter, prepared by a registered traffic engineer for the following proposed uses by special exception:

(a) Any proposed use which involves the construction of 50 or more multifamily dwellings.

(b) Any proposed use in the B-1, B-2 or I-1 District that involves the construction of any new building or remodeling for a change of use of an existing building having a gross floor area of 10,000 square feet or more.

(4) The application fee required by § 2009 of this chapter.

B. A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 1907 of this chapter.

C. In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use is available by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The burden of persuading the Zoning Hearing Board that the proposed use will not offend general public interest such as the health, safety and welfare of the neighborhood rests upon the applicant.

D. In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 2001 of this chapter.

E. If land development approval is required for the use by special exception, the application for approval of a land development required by the Township Subdivision and Land Development Ordinance[2] shall be submitted to the Township Planning Commission following approval of the use by special exception by the Zoning Hearing Board.

[2] Editor's Note: See Ch. 22, Subdivision and Land Development.

1401.4 Expiration of Approval of a Use By Special Exception. Approval of a use by special exception shall expire automatically without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

§ 1402 General Standards.

In addition to the specific standards and criteria listed for each use in § 1403, below, all applications for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:

A. The use shall not endanger the public health, safety or welfare nor deteriorate the environment, as a result of being located on the property where it is proposed.

B. The use shall comply with the performance standards of § 1501 of this chapter.

C. The use shall comply with all applicable requirements of Article XVI governing parking and loading, Article XVII governing signs, § 1502 governing screening and landscaping and § 1509 governing storage.

D. Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.

E. Outdoor lighting, if proposed, shall be designed with cutoff luminaries that direct and cut off the light at a cutoff angle of 60° or less. (See illustration in Appendix B[1]) Illumination shall not exceed 0.2 footcandle at the property line.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

F. For all uses which are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.

§ 1403 Standards for Specific Uses.

In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 1402, above, an application for any of the following uses which are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.

1403.1 Adult Businesses, subject to:

A. Adult businesses shall not be permitted in any zoning district other than the B-2, Highway Commercial District.

B. The site proposed for an adult business shall have frontage on and direct vehicular access to Route 51.

C. No portion of any building housing an adult business shall be located within 500 feet of any single-family dwelling or any R Residential Zoning District boundary.

D. An adult business shall not be located within 1,000 feet of a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or nursery school; or public park adjacent to any residential district measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above listed uses.

E. An adult business shall not be located within 1,000 feet of any other adult business measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.

F. No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.

G. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business permit of a church, public or private pre-elementary, elementary or secondary school, public library, day-care center or preschool facility or public park within 1,000 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.

H. The design of the interior of the premises and the operation of the facility shall comply with all applicable provisions of the Township's licensing regulations contained in Chapter 13 of the Code of the Township.

I. Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.

J. The applicant shall obtain and continue to maintain all valid licenses required by Chapter 13 of the Code of the Township.

K. There shall be no display of adult-oriented materials that can be seen from the exterior of the building.

1403.2 Alternative Housing and Educational Facilities for Nonviolent Offenders, subject to:

A. The site shall have frontage on and direct vehicular access to Route 51.

B. No portion of any building housing such facility shall be located within 500 feet of any single-family dwelling or any R Residential Zoning District boundary.

C. No portion of any lot or property line of any lot containing such facility shall be located within 500 feet of a lot or property line of any religious structure, school facility or public library.

D. The applicant shall demonstrate that the proposed facility is in general harmony with the immediate neighborhood and does not create an atmosphere of enticement for minors.

E. The applicant shall provide proof of all necessary governmental permits and requirements in operation of such a facility.

F. The applicant shall demonstrate compliance with all other ordinances of this Township, statutes of the commonwealth and federal regulations and laws in the operation of such facility.

G. The Chief Administrator of the facility shall file an emergency management plan, including the planned response to fire, security and medical emergencies, with the Board of Commissioners, Township Police Department, Emergency Medical Service and the Township Fire Department for review and comment as part of the conditional use application, and shall file an updated plan with each of these agencies annually by January 31 of each year after the facility is occupied.

H. All correctional facilities, whether governmental, quasigovernmental or private, shall be designed to meet the current performance criteria of the American Correctional Association (ACA) and the Pennsylvania Department of Corrections. In the event of a conflict between these criteria, the more restrictive shall apply.

I. Buffer Area "A" shall be provided along side and rear property lines.

J. The applicant shall provide evidence of all required federal, state or county permits prior to issuance of the building permit and shall maintain valid permits throughout the operation of the facility. Any suspension or revocation of the permits required to operate the facility shall result in automatic revocation of the certificate of occupancy by the Township. Reinstatement of the certificate of occupancy shall be subject to submission of all valid permits and a certification by the Zoning Officer regarding continued compliance with all conditions attached to approval of the conditional use.

(1) Failure to maintain valid permits as required throughout the operation of the facility may be treated by the Township as a violation of this chapter and each day that a violation occurs shall be subject to the enforcement remedies contained in Article XX of this chapter.

1403.3 Bed-and-Breakfast, subject to:

A. The operator shall be a fulltime resident of the dwelling in which the bed-and-breakfast is located.

B. The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

C. The minimum lot area required shall be 30,000 square feet.

D. No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

E. The maximum length of stay for any guest shall be 14 days in any calendar year.

F. One identification sign shall be permitted and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet, the height of the freestanding sign shall not exceed four feet and the freestanding sign is located at least five feet from any property line.

G. The identification sign shall contain no information other than one or more of the following items:

(1) The street address.

(2) The name of the establishment.

(3) The name of the proprietor.

(4) A small logo or other decorative symbol.

H. In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.

I. Off-street parking shall not be located in any required front or side yard. Parking located in the rear yard shall be screened from adjoining residential properties by a compact six-foot-high evergreen hedge.

1403.4 Billboards, subject to:

A. All billboards shall be subject to the express standards and criteria contained in § 1706 of this chapter.

1403.5 Boarding Stable; Riding Academy, subject to:

A. The minimum site shall be 10 acres.

B. If horses are pastured, a minimum of one acre per horse shall be provided, if horses are stabled and provided with grain, an adequate area for exercising the horses shall be provided.

C. All animals shall be housed in a completely enclosed nonresidential structure and the animals shall be humanely kept.

D. All stables and other buildings in which animals are kept shall be located at least 300 feet from any occupied dwelling, other than the stable owner's dwelling, and in no case shall the storage of manure or the stable or other building in which animals are kept be located closer than 200 feet to any property line.

E. No grazing of animals shall be permitted closer than 100 feet from any occupied dwelling, other than the stable owner's dwelling.

F. The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.

G. The stable owner shall not permit litter and droppings from the horses to collect so as to result in the presence of fly larvae or objectionable odors.

H. If there is no occupied dwelling on the site of the boarding stable or riding academy, twenty-four-hour security and supervision shall be provided.

1403.6 Car Wash, subject to:

A. All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure which has at least two walls.

B. Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

C. Standing spaces shall be provided in accordance with the requirements specified in § 1506 for drive-through facilities.

D. The facility shall be connected to public sanitary and storm sewers.

E. Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

1403.7 Cemetery, subject to:

A. A minimum site of 10 acres is required.

B. A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.

C. A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

D. Plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.

E. All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B" as defined by § 1502.1 of this chapter.

F. All maintenance equipment shall be properly stored in an enclosed building when not in use.

G. Burial sites shall comply with the setbacks required for principal structures in the zoning district and burial structures shall not be located within 100 feet of any property lines adjoining residential use or zoning district classification.

1403.8 Churches, Schools (Public or Private), Museums, Fire and Emergency Medical Facilities and Public Buildings, subject to:

A. The minimum lot area required for a post secondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.

B. If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

C. A dwelling (such as a manse or parsonage) may be located on the same lot with a church provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

D. If the school includes dormitories, the dormitories shall be landscaped along any property line adjoining single family use or zoning district classification by Buffer Area "B", as defined by § 1502.1 of this chapter.

E. Ingress and egress to and from police and fire stations shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

F. Fire stations, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

G. All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment.

H. All outside storage shall be completely enclosed by a six-foot-high hedge or solid fence.

I. The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

1403.9 Commercial Recreation (Indoor and Outdoor), subject to:

A. The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.

B. The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

C. Adequate sanitary facilities available to the public shall be provided.

D. Outdoor speakers shall not be permitted if there are dwellings within 1,000 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.

E. Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

F. Any outdoor facility shall be completely enclosed by a fence which is at least six feet in height with one or more locking gates which shall remain secured when the facility is not in use.

G. Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 10:00 p.m.

H. Any use which includes eating or drinking establishments shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.

1403.10 Communications Antennas Mounted on an Existing Building or Existing Public Utility Storage or Transmission Structure, subject to:

A. Building-mounted antennas shall not be permitted on any single-family or two-family dwellings.

B. The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

C. The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable Airport Zoning Regulations.

D. Building-mounted antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public utility storage or transmission structure shall not project more than 20 feet above the height of the tower.

E. Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.

F. Directional or panel antennas shall not exceed five feet in height or two feet in width.

G. Satellite and microwave dish antennas mounted on the roof of a building or on an existing public utility storage or transmission structure shall not exceed six feet in diameter.

H. Satellite and microwave dish antennas mounted on an existing building or existing public utility storage or transmission structure shall not exceed two feet in diameter.

I. The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.

J. Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Township.

K. The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.

L. Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot-high chain link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining residential property, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.

M. If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided which has a minimum width of 20 feet and which shall be improved with a dust-free all-weather surface for its entire length.

N. At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.

1403.11 Communications Tower, subject to:

A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.

B. Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

(1) The proposed equipment would exceed the structural capacity of the existing building, communications tower or other structure and reinforcement of the existing building, tower or other structure cannot be accomplished at a reasonable cost.

(2) The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure and the interference cannot be prevented at a reasonable cost.

(3) Existing buildings, communications towers or other structures do not have adequate space to accommodate the proposed equipment.

(4) Addition of the proposed equipment would result in NIER (non-iodizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

(5) An economically reasonable agreement could not be reached with owners of such towers or structures.

C. The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

D. The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable Airport Zoning regulations.

E. The maximum height of a communications tower shall be 150 feet.

F. The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

G. All parts of the communications tower, including guy wires, if any, shall be set back from the property line at least 100 feet, except for guyed towers which shall be set back a distance equal to the height of the tower. If the tower is located on property which adjoins property in any R-C, S-C or R Zoning District, the setback shall be at least 200 feet. Where the communications tower is located on a leased parcel within a larger tract, the setback shall be measured from the property line which separates the adjoining residentially zoned property from the larger tract controlled by the lessor, rather than from the boundaries of the leased parcel.

H. The tower shall not be located within 250 feet of an existing dwelling nor within 500 feet of an existing hospital or school.

I. The tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum ten-foot-high chain link security fence with locking gate.

J. The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Township Building Code and accepted engineering practice.

K. Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures.

L. Access shall be provided to the tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.

M. Recording of a plat of subdivision shall not be required for the lease parcel on which the tower is proposed to be constructed provided the equipment building is proposed to be unmanned and the required easement agreement for access is submitted for approval by the Township.

N. Approval of a land development plan, prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance,[1] shall be required for all towers.

[1] Editor's Note: See Ch. 22, Subdivision and Land Development.

O. The owner of the communications tower shall be responsible for maintaining the parcel on which the tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.

P. The owner of any communications tower which exceeds 50 feet in height shall submit to the Township proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the Township by a structural engineer at the owner's expense.

Q. The owner of the communications tower shall notify the Township immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Township to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 2001 of this chapter.

R. All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

S. All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and Airport Zoning regulations.

T. No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

U. The exterior finish of the tower shall be compatible with the immediate surroundings. The tower, the equipment cabinet or equipment building and the immediate surroundings shall be properly maintained.

V. The base of the tower shall be landscaped suitable to the proposed location of the tower, if the base of the tower is visible from adjoining streets or residential properties.

W. At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers. Manned equipment buildings shall provide one parking space for each employee working on the site.

X. No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

1403.12 Comparable Uses Not Specifically Listed, subject to:

A. Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

(1) The number of employees;

(2) The floor area of the building or gross area of the lot devoted to the proposed use;

(3) The type of products, materials and equipment and/or processes involved in the proposed use;

(4) The magnitude of walk-in trade; and

(5) The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 1501 of this chapter;

(6) For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same SIC Code or Major Group Number as one or more uses that are specifically listed in the zoning district.

B. The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

C. The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

D. The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the Community Development Objectives of this chapter.

1403.13 Crematory Accessory to a Funeral Home, subject to:

A. The minimum site required shall be two acres.

B. The portion of the building devoted to the crematory shall not be located within 300 feet of any existing dwelling.

C. The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.

D. The use shall conform to the air quality regulations of the Allegheny County Health Department.

1403.14 Day-Care Center or Preschool Facility, subject to:

A. The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.

B. In the S-C, R-C, R-1, R-2, R-3 and R-4 Zoning Districts, the facility shall be permitted to be located only in a church or school.

C. Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.

D. Outdoor play areas which adjoin residential lots shall be screened by Buffer Area "C," as defined by § 1502.1 of this chapter.

E. The general safety of the property proposed for a day-care center or preschool facility shall meet the needs of small children. There shall be no potential hazards in the outdoor play area and a safe area for dropping off and picking up children shall be provided.

F. Off-street parking shall be provided in accordance with the requirements of Article XVI of this chapter.

1403.15 Eating and Drinking Establishment Including Bottle Clubs, subject to:

A. Eating and drinking establishments in the M-1 District may be located in a building devoted to an authorized principal use or may be located in a freestanding building in a planned industrial park.

B. Off-street parking shall be provided in accordance with the requirements of § 1602.3 for eating and drinking establishments, except for employee cafeterias or dining rooms that are not open to the general public.

C. Buffer Area "B" shall be provided along any property line that adjoins any of the following authorized uses in the M-1 District:

(1) Heavy manufacturing.

(2) Light manufacturing.

(3) Equipment storage yard.

(4) Junk yard.

(5) Contractor's yard.

(6) Supply yard.

(7) Truck and heavy equipment rental, sales and service.

(8) Truck terminal.

(9) Warehousing and distribution.

(10) Repair shop.

(11) Vehicle repair garage.

(12) Landfill.

D. Parking areas and ingress, egress and traffic circulation for eating and drinking establishments within a planned industrial park shall be designed to minimize conflicts between automobile and truck traffic in the park.

E. In the case of bottle clubs, only when authorized on property zoned M-1, the following additional criteria shall be met:

(1) No portion of the lot or property line of any lot containing such facility shall be located within 1,000 feet of any residence or residential zoning district.

(2) No portion of the lot or property line of any lot containing such facility shall be located within 500 feet of a lot or property line of any religious structure, school facility or public library.

(3) The applicant shall demonstrate that the proposed facility is in general harmony with the immediate neighborhood and does not create an atmosphere of enticement for minors.

(4) The applicant shall provide proof of all necessary governmental permits and requirements in operation of such facility.

(5) The applicant shall demonstrate compliance with all other ordinances of the Township, statutes of the commonwealth and federal regulations and laws in the operation of such facility.

F. Eating and drinking establishments in any district must be located in a single building devoted solely to that use.

G. Eating and drinking establishments in any district shall not be located within 500 feet of any single-family dwellings, churches, schools (public or private), day-care centers or other preschool facilities or any use primarily involving children or minors.

1403.16 Equipment Storage Yard, subject to:

A. The minimum site required for an equipment storage yard shall be two acres.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

C. Buffer Area "B," as defined by § 1502.1 of this chapter, shall be provided along all property lines adjoining an S-C, R-C or R Zoning District.

D. No repair of vehicles or equipment shall be permitted outside a completely enclosed structure.

E. All operations shall comply with the performance standards of § 1501 of this chapter.

F. Engines shall not be started or kept running before 6:30 a.m. or after 8:00 p.m. if the site is located within 500 feet of an existing dwelling.

G. All lighting shall be shielded and reflected away from streets and any adjoining residential properties.

1403.17 Family Day-Care Home, subject to:

A. All of the applicable criteria for a home occupation specified in § 1403.21 shall be met.

B. All applicable requirements of the Pennsylvania Department of Public Welfare shall be met and continuing compliance shall be maintained.

C. An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four-foot-high compact, dense evergreen hedge or opaque fence.

D. Outdoor play areas shall have a minimum area of 400 square feet.

1403.18 Garden Center, subject to:

A. The minimum site required for a garden center shall be five acres.

B. The site shall have frontage on and direct vehicular access to a street classified as an arterial or collector.

C. Principal structures devoted to retail sales and storage shall be located at least 500 feet from any single-family dwelling on an adjacent lot.

D. Outdoor growing areas that are not accessible to the public shall not be included in the parking calculations. Outdoor growing areas that are accessible to the public shall be included in the calculation of required parking in accordance with § 1602.3.

E. Off-street parking areas shall not be required to be paved, but shall have a dust-free, all-weather surface, provided the entire length of the driveway connecting the parking areas with the public street are paved with asphalt or concrete.

F. Garden centers in the R-1 District shall cease operations at dusk. There shall be no exterior illumination of the buildings or parking areas for night-time use, other than minimal security lighting.

G. In the R-1 District, Buffer Area "A," as defined by this chapter, shall be provided along all property lines adjoining single-family dwellings.

1403.19 Golf Course; Golf or Country Club, subject to:

A. Golf courses and golf or country clubs shall have a minimum site of 60 acres; driving ranges and putting courses shall have a minimum site of five acres.

B. Clubhouses shall be located at least 100 feet from any property line adjoining property in an S-C, R-C, R-1, R-2, R-3 or R-4 Zoning District and at least 50 feet from all other property lines.

C. Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.

D. Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.

E. Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.

1403.20 Golf Course Development, subject to:

A. The minimum site required to undertake a golf course development shall be 15 acres, excluding the acreage devoted to the existing or proposed golf course.

B. The site shall be part of an existing or former golf course or shall be immediately adjacent to property formerly used or currently being used as a golf course.

C. The site shall have frontage on and direct vehicular access to an arterial street or collector street, as defined by this chapter.

D. The proposed development shall be designed around an existing or proposed regulation golf course containing a minimum of nine holes.

E. The golf course development shall be limited to one or more of the following uses:

(1) Single-family dwellings.

(2) Two-family dwellings.

(3) Triplexes.

(4) Fourplexes.

(5) Townhouses containing no more than four units in each building.

(6) Community building.

(7) Common recreation facilities.

F. The maximum dwelling unit density shall be four units per acre.

G. If lots are proposed for fee simple ownership, the minimum lot area for single-family dwellings shall be 15,000 square feet.

H. If lots are proposed for fee simple ownership, the minimum lot area for two-family dwellings shall be 20,000 square feet or 10,000 square feet per dwelling unit.

I. There shall be no minimum lot area required for triplexes, fourplexes and townhouses, provided the maximum dwelling unit density is not exceeded and all other setback and lot coverage requirements are met.

J. The applicable front and rear yard requirements of the S-C District shall apply.

K. The otherwise applicable side yard requirement of the S-C District may be reduced, provided each side yard shall not be less than 15 feet.

1403.21 Group Care Facility, Personal Care Boarding Home or Transitional Dwelling, subject to:

A. The minimum area and bulk regulations for a group care facility, personal care boarding home or transitional dwelling shall be the same as those required for a principal use in the zoning district in which the facility is located.

B. In the R-3 and R-4 Districts, a personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

C. In the R-3 and R-4 Districts, the maximum number of residents housed in a personal care boarding home shall be 12.

D. No group care facility, personal care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling.

E. Adequate provisions shall be made for access for emergency medical and firefighting vehicles.

F. Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

G. Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with self-latching gate.

H. Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

1403.22 Heavy Manufacturing, subject to:

A. The minimum site required shall be 30 acres.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street.

C. The site shall not be located within 1,000 feet of any residential dwelling, measured from any property boundary of the site in a straight line along a public street right-of-way to the nearest wall of a residential dwelling.

D. All activities shall comply with the performance standards specified in § 1501 of this chapter.

E. All materials, equipment and processes shall be contained within a completely enclosed building and windows and doors shall remain closed during manufacturing processes.

F. Adequate public utilities shall be available to meet the demands of the proposed manufacturing processes.

G. Adjacent public streets shall be adequate to accommodate traffic volumes and weight limits associated with truck traffic to and from the site.

H. The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

1403.23 Home Occupation, subject to:

A. The home occupation shall be carried on by a member of the family residing in the dwelling unit. No more than one person who is not a resident of the dwelling unit shall be employed in the dwelling unit.

B. In the R-2, R-3 and R-4 Districts, the home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure. In the R-1 District, the home occupation may be carried on in an accessory structure, provided the gross floor area of the accessory structure shall not exceed 25% of the gross floor area of the principal dwelling.

C. No more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

D. There shall be no on-site production of articles for sale in the home occupation, other than customary handicrafts made by the resident which may be produced for sale off the premises. Such articles shall not be displayed in quantity for sale on the premises, except that samples may be kept for the purpose of accepting orders.

E. There shall be no display on the premises of merchandise available for sale which has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business.

F. There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot in surface area containing only the name of the resident and the nature of the home occupation which may be attached to the wall of the dwelling or to the mailbox.

G. The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.

H. Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 1501 of this chapter.

I. The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

J. There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

K. The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

L. In the R-2, R-3 and R-4 Districts, the home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.

M. There shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

N. Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article XVI for the specific use in addition to the spaces required for the dwelling.

O. The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:

(1) Beauty shops or barber shops containing more than two chairs;

(2) Blacksmith or metal working;

(3) Boarding stables or riding academies;

(4) Clinics, hospital or nursing homes;

(5) Funeral homes;

(6) Group care facility, personal care boarding home or transitional dwelling;

(7) Kennels, veterinary offices and clinics;

(8) Private clubs;

(9) Private instruction to more than five students at a time;

(10) Restaurants or tea rooms;

(11) Retail or wholesale sales; flea markets;

(12) Tanning or massage salon;

(13) Tourist or boarding home, other than bed-and-breakfast;

(14) Vehicle or equipment rental, repair or sales; vehicle repair garages.

P. The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

(1) Artist, photographer or handicrafts studio;

(2) Bed-and-breakfast, subject to § 1403.3;

(3) Catering off the premises;

(4) Contracting business, excluding on-site storage of equipment;

(5) Computer programmer, data processor, writer;

(6) Consultant, clergy, counselor, bookkeeping, graphics or drafting services;

(7) Dressmaker, tailor;

(8) Professional offices which involve routine visitation by customers or clients;

(9) Housekeeping or custodial services;

(10) Interior designer;

(11) Jewelry and/or watch repair, not including wholesale or retail sales;

(12) Lawnmower and small engine repair in the R-1 District only;

(13) Locksmith;

(14) Mail order business;

(15) Manufacturer's representative;

(16) Repair of small household appliances that can be hand carried in the R-1 District only;

(17) Telemarketing;

(18) Travel agent;

(19) Tutoring or any other instruction to no more than five students at any one time;

(20) Word processing, typing, secretarial services.

Q. The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 1403.23 and the applicable criteria for comparable uses not specifically listed in § 1403.12.

1403.24 Hospital or Nursing Home, subject to:

A. The minimum lot area required for a hospital shall be 10 acres. The minimum lot area required for a nursing home shall be two acres.

B. The property shall be served by public water and public sewers.

C. All hospitals and nursing homes shall be licensed by the commonwealth and the license shall be maintained throughout the occupancy. Failure to maintain the license shall be grounds for revocation of the certificate of occupancy.

D. Water pressure and volume shall be adequate for fire protection.

E. Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

F. The parking and circulation plan shall be referred to the Township Police Department and volunteer fire company for comments regarding traffic safety and emergency access.

G. Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

H. All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 1502.1 of this chapter.

I. Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection agency (EPA).

J. A private use helipad for air ambulances shall be permitted as part of a hospital, provided all of the following criteria are met:

(1) Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

(2) The helipad shall be located at least 250 feet from any property line or public street.

(3) Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.

(4) The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.

(5) The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

(6) An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

(7) Lighting shall be shielded away from adjacent properties and streets.

(8) The applicant shall submit a report from a reputable acoustic or aviation consultant showing the computer prediction model developed by the FAA referred to in 14 CFR, Part 150, § A150.103.

(9) The applicant shall submit proof of ownership of helicopter liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.

1403.25 Junk Yard; Salvage Yard, subject to:

A. The minimum site required shall be 20 acres.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

C. The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.

D. No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.

E. The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 2001 of this chapter.

F. The manner of storage of junk or other materials or equipment on the site shall facilitate access for fire-fighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

G. The junk yard or salvage yard operation shall comply with the performance standards of § 1502 of this chapter.

H. No junk shall be stored or accumulated and no structure shall be located within 300 feet of any dwelling or within 100 feet of any property line or public street.

I. The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the Buffer Area required by Subsection Y(11) below and shall be maintained in good condition.

J. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

K. Buffer Area "A," as defined by § 1502.1 of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

L. The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets and properties.

M. The operator shall obtain a license from the Township prior to initiating operations which shall be renewable annually upon payment of the required license fee established from time to time by resolution of the Board of Commissioners and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

1403.26 Kennel; Animal Shelter, subject to:

A. The minimum site required shall be five acres.

B. Kennels shall be licensed when required by the commonwealth.

C. Outdoor runs, fenced enclosures and kennels that are not within a completely enclosed building shall be located at least 200 feet from any existing dwelling on an adjacent lot.

D. Buffer Area "C" shall be provided along that portion of a side or rear property line adjacent to or directly opposite a parking area or outdoor run, fenced enclosure or kennel that is not within a completely enclosed building.

E. Odors and noise shall be controlled so as to comply with the performance standards of § 1501 of this chapter.

1403.27 Landfill, subject to:

A. The minimum site area shall be 50 acres.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

C. All landfill operations shall be located at least 1,000 feet from any occupied dwelling.

D. The driveway or haul road entering the site from a public street shall be paved for a distance of 600 feet from the public street.

E. A tire washing station shall be located on the site to service trucks exiting the facility.

F. The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that conditional use approval is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street construction.

G. Landfill operations shall not be conducted within 300 feet of any property line adjoining residential use or zoning district classification.

H. All property lines adjoining any existing residential use or any S-C, R-C or R Zoning District classification shall be screened by Buffer Area "A," as defined by § 1502.1 of this chapter. The buffer area shall be comprised of a combination of earthen mounding and the required plantings.

I. Fencing at least eight feet in height shall be provided around any work area for security and to control windblown refuse.

J. The applicant shall show compliance with applicable state and federal laws regulating landfills.

K. The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (EPA) prior to initiating any operation.

L. The required state and federal permits shall be maintained throughout the duration of all operations. The applicant shall notify the Zoning Officer of any suspension or revocation of the required state or federal permits.

M. Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and will result in the suspension or revocation of the certificate of occupancy or enforcement of the penalty provisions of this chapter or both.

N. In January of each year, the operator shall apply to the Zoning Officer for renewal of the certificate of occupancy in accordance with § 2005.1 and shall present evidence of continuing compliance with all conditions of approval and required state or federal permits.

1403.28 Marina; Boat Launch; Boat Sales, subject to:

A. The minimum site required for a marina or boat sales shall be one acre. The minimum site required for a boat launch shall be 20,000 square feet.

B. Adequate area for vehicle turnaround shall be provided for boat launches.

C. Principal structures shall be at least 75 feet from any lot line adjoining a residential dwelling.

D. Buffer Area "B," as defined in § 1502.1, shall be provided along all property lines adjoining an existing residential dwelling.

E. Seasonal outdoor dining facilities shall be further subject to the requirements of § 1403.41.

1403.29 Methadone Clinic, subject to:

A. The site shall have frontage on and direct vehicular access to Route 51.

B. The clinic shall not be located within 500 feet of any of the following uses that existed prior to the establishment of the clinic: school, public playground, public park, residential housing area, day-care center or church or other place of regularly stated religious worship. The 500 feet shall be measured by the straight line distance between the nearest property line of the property on which the clinic is proposed and the nearest property line of the property on which the above listed use is located.

C. The Board of Commissioners, by majority vote, may reduce the 500 feet required by Subsection CC(2), above, provided notices are sent to every property owner located within 500 feet of the perimeter of the property proposed for the clinic at least 30 days prior to the public hearing held pursuant to public notice on the conditional use application.

D. Overnight boarding of patients shall not be permitted.

E. Public transportation shall be available within reasonable walking distance of the proposed clinic.

F. Off-street parking shall be provided in accordance with the requirements for medical offices/clinics in § 1602.3.

G. Along all property lines that adjoin undeveloped, residential zoned land, a buffer area shall be provided which is at least 20 feet in depth as measured from the property line and which shall be comprised of two rows of plantings creating a high-level and low-level screen, consisting of a mix of at least 65% evergreen and 35% deciduous plant materials.

H. The low-level screen shall be a minimum of three feet in height at the time of planting and the high-level screen shall be a minimum of six feet in height at the time of planting. Plant materials shall be staggered in a manner so as to provide a minimum sixty-percent opaque visual barrier.

1403.30 Mid-Rise or High-Rise Apartments, subject to:

A. The property proposed for mid-rise or high-rise apartments shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

B. The minimum lot area required to construct mid-rise or high-rise apartments shall be two acres.

C. The maximum dwelling unit density for mid-rise or high-rise apartments shall be 15 units per acre.

D. The setback from any property line adjoining a single-family dwelling shall be 75 feet.

E. All other minimum requirements of the zoning district shall apply to mid-rise or high-rise apartments.

F. The maximum number of dwelling units in any mid-rise apartment building shall be 60. The maximum number of dwelling units in any high-rise apartment shall be 100.

G. The maximum length of any building shall not exceed 250 feet.

H. Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater.

I. All property lines adjoining single family use or zoning classification shall be screened by Buffer Area "B," as defined by § 1502.1 of this chapter.

J. All parking areas adjoining single family use or zoning classification which are not screened by a buffer area shall be screened by a minimum six-foot-high compact evergreen hedge.

K. All portions of the property not covered by buildings, driveways, parking, pools, shelters, gazebos or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.

L. The design and orientation of the buildings on the property shall take into account compatibility with the visual impact on adjoining single-family residential properties. The building and the property shall be effectively landscaped to minimize such impacts on adjoining residential properties.

M. On lots containing more than 50 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the prospective residents shall be provided subject to approval by the Board of Commissioners.

1403.31 Mineral Removal, subject to:

A. Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be exempt from these regulations and the requirement to obtain approval of a conditional use application, provided evidence is presented to the Township that all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP) are met.

B. There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

C. Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a Wilderness Trout Stream, by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.

D. No mineral removal shall be conducted within 300 feet of the property line of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

E. No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

F. No mineral removal shall be conducted that will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

G. No mineral removal shall be conducted within 100 feet of the property line of a cemetery.

H. No mineral removal shall be conducted within 300 feet of the property line of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

I. The applicant shall submit to the Township a copy of all materials provided to the Pennsylvania Department of Environmental Protection (PA DEP) with the permit application.

J. The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on Township streets and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township.

K. The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee restoration of Township streets which may be damaged during the mineral removal operations.

L. Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

M. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

N. The term of the approval of the use by special exception shall be set by the Zoning Hearing Board for a period of no more than one year; however, the term of the approval may be extended upon application for renewal filed with the Zoning Hearing Board.

O. Approval of the use by special exception shall expire if work authorized in the application for the use by special exception is not commenced within six months of the date of approval of the use by special exception application by the Zoning Hearing Board, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.

P. Once work is initiated under an approved application for use by special exception, zoning approval shall be valid for a period of one year from the date of approval of the use by special exception by the Zoning Hearing Board. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Zoning Officer upon demonstration by the applicant that, all conditions of approval of the use by special exception and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.

Q. During the mineral removal operation, the Township Engineer may inspect the site at the request of the Township to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

1403.32 Mini-Warehouses or Self-Storage Buildings, subject to:

A. The minimum site area required shall be two acres.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

C. Vehicular access to the site shall be limited to one two-way or two one-way driveways connecting to the nearest public street.

D. All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

E. Within the site, all driveways shall be a minimum of 25 feet wide. Traffic circulation shall be subject to review and approval by the Board of Commissioners upon the recommendation of its Traffic Engineer.

F. Parking shall be provided in accordance with the requirements of § 1602.3 and shall be located near the office.

G. Buffer Area "A" shall be provided in accordance with the requirements of § 1502.1 of this chapter along all property lines which adjoin residential use or zoning classification.

H. The perimeter of the site shall be fenced with a minimum eight-foot-high chain link fence with self-latching gate. Where outside storage is authorized, the fence around the outside storage area shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

I. No rooftop HVAC units shall be permitted.

J. The maximum size of any storage unit shall be 15 feet wide, 40 feet deep and one story but no more than 20 feet in height.

K. The maximum lot coverage by all buildings shall not exceed 50%, unless the developer provides additional landscaping and planting as may be approved by the Board of Commissioners.

L. Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.

M. No storage shall take place outside of a completely enclosed building.

N. Storage units shall not be equipped with water or sanitary sewer service.

O. No business activity other than rental of storage units shall be conducted on the premises, except for services and/or items ancillary to the provision of storage services.

P. Operations shall be regulated so that nuisances such as visual blight, trash, glare, noise, blowing debris and dust shall not be created or maintained.

Q. Exterior finishes of the storage units shall be compatible with the material comprising the exterior finish of buildings on adjoining properties.

R. No sign shall be placed on the buildings except for informational and directional signs and one business identification sign on the office building portion of the facility. No signs shall be placed on rooftops.

S. No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Township Building or Fire Prevention Codes. Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings that are not in compliance with the Township Building or Fire Prevention Codes. Written notice shall be given to all prospective tenants of this restriction on materials and substances permitted to be stored.

T. A minimum of one fire hydrant shall be provided on the site, subject to approval by the Township Zoning Officer after consultation with the Fire Chief.

1403.33 Mobile Home Park, subject to:

A. The application shall comply with all applicable requirements of the Township Subdivision and Land Development Ordinance[2] governing mobile home parks.

[2] Editor's Note: See Ch. 22, Subdivision and Land Development.

B. The minimum site required for a mobile home park shall be five acres.

C. The site shall be served by public sewers.

D. The minimum mobile home lot shall be 6,000 square feet.

E. The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab. Carports or parking pads may be located in the required side yard.

F. Every mobile home slab shall have access to a public or private street in accordance with the requirements of the Township Subdivision and Land Development Ordinance.

G. Each mobile home lot shall provide two off-street parking spaces. Visitor parking shall be provided in accordance with the requirements of § 1602.3.

1403.34 Motel or Hotel, subject to:

A. The minimum site required shall be three acres.

B. The site shall have vehicular access to an arterial or collector street, as defined by this chapter, by means of a driveway entrance intersecting such a street or by means of an interior road system within a planned industrial park that leads directly to and intersects with such a street. In no case shall traffic from a motel site exit onto or enter from a local street, as defined by this chapter.

C. The motel or hotel shall be located a minimum of 300 feet from any property line adjoining an S-C, R-C or R Zoning District.

D. Buffer Area "A," as defined in § 1502.1 of this chapter, shall be provided along all property lines adjoining an S-C, R-C or R Zoning District.

E. Rooftop mechanicals shall be screened from public view.

F. Dumpsters shall be completely enclosed by a wall or solid fence at least six feet in height.

1403.35 Nature Preserve, subject to:

A. Flora and fauna maintained in a nature preserve shall be limited to those species that are indigenous to the region.

B. The minimum site required for a nature preserve shall be 10 acres.

C. There shall be no other use of the property, other than a landowner's or caretaker's dwelling.

D. The landowner shall present evidence of registration or participation in a preservation program of the National Wildlife Association, Audubon Society or similar environmental organization.

1403.36 Oil and Gas Drilling, subject to:

A. A copy of the permit application submitted to the Pennsylvania Department of Environmental Protection (PA DEP) shall be submitted with the application for conditional use approval.

B. A property survey shall be submitted demonstrating the following information:

(1) The proposed location of the well or wells.

(2) The proposed means of access to the well or wells.

(3) The proposed gathering or transmission lines.

(4) The distance from any existing structures on the subject property or the immediately adjacent properties.

(5) Location of local water supply wells or systems.

C. The applicant shall provide logs or other documentation showing the estimated deepest fresh groundwater.

D. Information shall be provided regarding the estimated depths of the proposed wells and the expected surface pressure and measures to be taken to control the expected pressure.

E. The applicant shall indicate whether a pre-alteration or pre-drilling survey is to be conducted.

F. A site specific erosion and sedimentation control plan shall be submitted.

G. As part of the emergency response plan required by Subsection JJ(8), below, the applicant shall provide the Township with a copy of the control and disposal plan for any expected fluids or solids encountered during the drilling and production stages indicating the following:

(1) The size and location of a storage pit for any material emanating from the well during drilling and site restoration.

(2) The size and location of any tankage designed for the site, as well as dikes for spill containment of said tank during well production.

(3) Methods of oil separation and removal of all solids or liquid byproducts, including oil, from the site during production, if applicable.

(4) Any information that is not available at the time of application shall be submitted as an addendum to the emergency response plan.

H. The applicant shall submit an emergency response plan to the Township and the local fire companies, providing, at a minimum, the recommended first response by fire companies to address the following:

(1) Well leakage.

(2) Spill containment.

(3) Vandalism creating unknown conditions.

(4) Defective casing or cementing.

(5) Potential communication between the well and the public water supply.

(6) Control and disposal plan required by Subsection JJ(7), above.

I. The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection (PA DEP) to ensure proper plugging when the well is classified as inactive by PA DEP.

J. The applicant shall provide a schedule indicating the following dates:

(1) Site preparation begins and ends.

(2) Anticipated drilling activity begins and ends.

(3) Anticipated completion (perforating) work to begin and end.

(4) Anticipated stimulation (fracturing) work to begin and end.

(5) Anticipated production work to begin and end.

(6) Anticipated plugging date.

K. Adequate security measures shall be proposed, if warranted by the character of surrounding development.

L. The access road to the well site shall be secured by a locked gate and means of access shall be provided to Township Police and Fire Departments for emergency response.

M. The access road to the well site shall be improved with a dust-free, all weather surface in such a manner that no water, sediment or debris will be carried onto any public street.

N. An off-street area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public street.

O. All piping for transportation from the well to the transmission lines shall be placed underground to a minimum depth of three feet, except for fixtures and appurtenances.

P. The Board of Commissioners shall require a performance bond in the amount of $5,000 to guarantee installation of the access road, fencing, gate and any other features not otherwise bonded by the Pennsylvania Department of Environmental Protection (DEP) required by this chapter or as a condition of conditional use approval.

1403.37 Planned Industrial Park, subject to:

A. The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

B. The minimum site area required shall be five acres.

C. Once the improvements are completed in an approved planned industrial park, lots within an approved and recorded planned industrial park may be sold and developed as independent entities for any authorized use in the zoning district.

D. Only the uses permitted by right or authorized as conditional uses or uses by special exception in the zoning district in which the planned industrial park is located shall be permitted in the planned industrial park.

E. The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements dedicated for common access, where necessary.

F. The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

G. The entire perimeter of a planned industrial park site shall be screened by Buffer Area "A" as defined by § 1502.1 of this chapter.

1403.38 Planned Shopping Center, subject to:

A. The minimum site required shall be five acres.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

C. Once the improvements are completed in an approved shopping center, lots within the approved and recorded shopping center may be sold and developed as independent entities for any authorized use in the district.

D. Only uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the shopping center is located shall be permitted in the shopping center.

E. Buffer Area "A," as defined by § 1502.1 of this chapter, shall be provided along all property lines which adjoin the S-C, R-C, R-1, R-2, R-3 or R-4 Zoning Districts.

F. Sidewalks shall be installed in front of all stores.

G. The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements shall be dedicated for common access, where necessary.

H. The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

I. Site lighting, if proposed, shall be designed with cut-off luminaires with a maximum cut-off angle of 60°. (See illustration in Appendix B[3].) The maximum illumination at any property line adjoining property in an S-C, R-C, R-1, R-2, R-3 or R-4 Zoning District shall be 0.2 footcandle.

[3] Editor's Note: Said appendix is included as an attachment to this chapter.

1403.39 Private Club, subject to:

A. Any private club that includes a restaurant or bar shall meet the off-street parking requirements of Article XVI for eating and drinking establishments for the portion of the building devoted to the restaurant or bar in addition to the parking required for a private club.

B. All operations shall be conducted within a completely enclosed building and doors and windows shall remain closed during any hours when entertainment is presented.

C. Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

D. All off-street parking which adjoins an S-C, R-C or R Zoning District shall be screened by a minimum six-foot-high compact dense evergreen hedge.

1403.40 Private Recreation, subject to:

A. A minimum lot area of one acre shall be required.

B. All principal structures shall be located at least 50 feet from any property line.

C. Buffer Area "C," as defined by § 1502.1 of this chapter, shall be provided where parking or intensively used facilities such as ballfields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or zoning classification. Open space and passive recreation areas, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or zoning classification.

D. The use shall comply with the performance standards of § 1501 of this chapter.

E. All lighting shall be shielded away from adjoining streets and properties.

F. Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 10:00 p.m.

1403.41 Public Utility Building or Structure, subject to:

A. The minimum lot area required shall be 20,000 square feet.

B. Maintenance vehicles shall be stored within a completely enclosed building.

C. Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot-high fence with locking gate and is screened by one-hundred-percent opaque screening material placed in the fencing or by a six-foot-high dense, compact evergreen hedge.

D. Any area of the building which is used for business offices shall comply with the parking requirements of Article XVI of this chapter for that use. Any area of the building which is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.

1403.42 Recreation-Related Commercial Uses, subject to:

A. Recreation-related commercial uses shall include, and are limited to: a concession stand, ice cream store, delicatessen, cafeteria or restaurant, bicycle rental, bicycle repair, bait shops, pro shops, gift shops, retail sales of sporting goods and other similar retail or service uses which are directly related to the existing recreational or historic sites in the S-C or R-C Zoning Districts.

B. The proposed recreational or commercial structures shall be designed to preserve natural features and oriented to the walking, hiking or bridle trails or other related recreational or historic sites nearby. Grading and vegetation removal shall be minimized.

C. Lighting or other features which encourage use of outdoor areas after dusk shall not be permitted.

D. The design of the proposed recreational facilities and any proposed recreational or commercial structures shall comply with all applicable requirements governing floodplains and wetlands.

E. The maximum floor area of any recreational or commercial building shall be 2,500 square feet.

F. In addition to the required parking spaces for vehicles required by this chapter for the proposed uses, parking areas for bicycles shall be provided.

G. No storage of equipment or materials shall be permitted outside a completely enclosed structure.

H. Dumpsters shall be completely enclosed by a wall or solid fence and shall be landscaped to complement the natural environment. Trash receptacles shall be provided and shall be designed of natural materials or a design compatible with the natural environment.

I. All areas which are not used for active recreational facilities, structures or parking areas shall be maintained in a natural state or attractively landscaped. Areas kept in a natural state shall be adequately maintained to eliminate the accumulation of litter and growth of weeds and tall grass.

1403.43 Retirement Community, subject to:

A. The minimum site required for a retirement community shall be 20 acres.

B. The site proposed for a retirement community, as defined herein, shall have frontage on and direct vehicular access to a street classified by this chapter as an arterial or collector street. Access to local Township streets shall not be permitted, except that a secondary controlled "emergency only" access may be provided from a local Township street, if approved by the Township.

C. A retirement community may include one or more of the following dwelling types:

(1) Single-family dwellings.

(2) Two-family dwellings.

(3) Townhouse buildings containing no more than six dwelling units per building.

(4) Garden apartment buildings containing no more than 50 dwelling units per building.

D. In addition to the foregoing dwelling types, a retirement community shall include the following supporting uses:

(1) Common leisure and/or recreational areas.

(2) Common dining area.

E. In addition, a retirement community may include one or more of the following supporting uses, subject to approval by the Township:

(1) Postal station for use of the residents and staff only;

(2) Banking facility for use of the residents only;

(3) Pharmacy and/or medical offices for use of the residents only;

(4) Personal services for the use of the residents only, including beauty shop, barber shop, common laundry facilities, dry cleaning valet;

(5) Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

(6) Personal care boarding home licensed by the commonwealth;

(7) Nursing home licensed by the commonwealth;

(8) Elderly day-care center licensed by the commonwealth;

(9) Taxi, van or similar transportation services for the residents.

F. The maximum dwelling unit density permitted in a retirement community shall be 12 dwelling units per acre.

G. No principal structure shall be less than 50 feet from any property line adjoining property in an S-C, R-C, R-1, R-2, R-3 or R-4 Zoning District. Along all other property lines, no principal structure shall be less than 20 feet from any property line of the development site.

H. Buffer Area "B," as defined by § 1502.1 of this chapter, shall be provided along all property lines adjoining property in an S-C, R-C, R-1, R-2, R-3 or R-4 Zoning District.

I. There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of § 1602.3 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

J. Sidewalks shall be provided to connect buildings, common outdoor areas and parking areas.

K. The site design shall include outdoor common areas, gathering places and passive or active recreation facilities appropriate to the needs of the residents. Common outdoor areas shall be attractively landscaped.

1403.44 Single-Family Dwelling, subject to:

A. Single-family dwellings may be constructed on any lot of record in an established residential subdivision.

B. If a single-family dwelling is proposed on property that is not in an established residential subdivision, the impact of any existing nonresidential use on adjoining properties on the proposed dwelling shall be evaluated.

C. If warranted to screen the proposed dwelling from existing active recreational uses or nonresidential uses on adjoining properties, Buffer Area "C" shall be provided along the side and/or rear lot lines of the property for the single-family dwelling.

D. Impervious surface coverage may be increased to 35% on property proposed for single-family dwellings.

1403.45 Temporary Uses or Structures, Other Than Construction Trailers, Model Homes or Sales Offices, subject to:

A. A transient merchant license if required by Township ordinance shall be obtained.

B. The proposed temporary use or structure shall be limited to those uses or structures otherwise authorized in the zoning district.

C. In the B-1 and B-2 Districts, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:

(1) The preparation and serving of food which is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, an occupancy permit shall be obtained from the Township Zoning Officer subject to the applicant demonstrating compliance with the standards and criteria of this § 1403.41.

(2) Evidence of an approved permit from the Allegheny County Health Department or its successor agency.

(3) The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.

(4) The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians and in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.

(5) No noise or odor shall emanate from such outdoor area where food is prepared and/or served which adversely affects any adjoining residentially zoned property within 300 feet of the outdoor area.

(6) The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.

(7) The activity shall comply with all applicable Township Codes and ordinances.

(8) The site intended to be used for the preparation and/or serving of food shall provide restroom facilities available to the public, unless the existing business on the site has restroom facilities which will be available to the public visiting the temporary use.

(9) The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Township with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Township against any liability resulting from such use.

D. Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.

E. All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

F. All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 1602.3 for the proposed use.

G. Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

H. All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory uses.

I. Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.

J. Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

1403.46 Truck and Heavy Equipment Rental, Sales and Service, subject to:

A. The minimum site required shall be one acre.

B. The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

C. No vehicle or other merchandise displayed outdoors shall be less than 10 feet from any property line. No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.

D. No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for its safe and lawful operation.

1403.47 Truck Terminal, subject to:

A. The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

B. The site shall not be located within 1,000 feet of any occupied dwelling measured in a straight line along a public street from any site boundary to the nearest wall of any dwelling.

C. Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.

D. Site lighting shall be designed with cut off luminaires that have a maximum cut off angle of 60°. (See illustration in Appendix B[4].) The maximum illumination at any property line shall be 0.2 footcandle.

[4] Editor's Note: Said appendix is included as an attachment to this chapter.

E. All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "A" as defined by § 1502.1 of this chapter.

F. Off-street parking and loading shall be provided in accordance with the requirements of Article XVI of this chapter.

G. All materials and equipment shall be stored within a completely enclosed structure.

H. No repair of vehicles shall be permitted.

I. No shipping or receiving shall be permitted within 300 feet of a property in a residential zoning district between the hours of 6:00 p.m. and 7:00 a.m.

J. All operations shall comply with the performance standards of § 1501 of this chapter.

1403.48 Two-Family Dwellings, subject to:

A. The minimum site required to develop two-family dwellings shall be three contiguous acres.

B. The site shall have frontage on and direct vehicular access to a street defined by this chapter as an arterial or collector street.

C. If the properties are proposed to be subdivided for fee simple ownership of each dwelling unit, the units may be divided along the common walls without a variance for the side yard required in the R-3 District, provided the minimum lot area of 6,000 square feet per dwelling unit is provided and the minimum lot width of 60 feet is provided for each dwelling lot and all other applicable area and bulk regulations are met for each lot.

D. The design of the two-family dwellings shall be compatible with the style of the single-family dwellings on adjoining properties, if any. The orientation of the garages and entries to the two-family dwellings shall be designed to maximize the appearance of a large single-family dwelling.

E. On corner lots, the two-family dwelling shall be designed so that each dwelling unit faces on a different street frontage.

F. At least one integral parking space shall be provided for each dwelling unit.

G. The two-family dwellings shall be designed to incorporate privacy patios or interior courtyards for each dwelling unit, where feasible.

1403.49 Vehicle Repair Garage, subject to:

A. Such use shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

B. Buffer Area "A," as defined by § 1502.1 of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

C. Storage of parts, dismantled vehicles and vehicles or equipment awaiting repair shall be kept in an enclosed building or in an outdoor area which is screened by a six-foot-high hedge or opaque fence.

D. There shall be no more than four vehicles displayed for sale on the premises at any one time.

E. All repair work shall be performed within an enclosed building which has adequate ventilation and fire protection provisions.

F. All towed vehicles shall be stored on the premises and no vehicle shall be stored or dismantled on any public street.

G. The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health or safety.

H. Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

1403.50 Wholesale Sales in Conjunction with Retail Business, subject to:

A. Any site which involves wholesale distribution shall have direct access to an arterial or collector street, as defined by this chapter.

B. All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot-high hedge or opaque fence.

C. No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

D. All shipping and receiving facilities adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 1502.1 of this chapter.

E. Wholesale sales shall not exceed 25% of the gross sales of the retail business.

F. The gross floor area devoted to wholesale warehousing shall not exceed the gross floor area devoted to the retail business.

G. The storage or handling of hazardous or potentially hazardous materials shall not be permitted.

1403.51 Well and Pipeline Assessment Operations. Well and pipeline assessment operations, including seismic operations and related activities, shall be a conditional use within all zoning districts, provided that such activities are conducted in accordance with all applicable federal and state laws and regulations relating to the storage and use of explosives.

[Added by Ord. No. 942, 3/4/2019]

1403.52 Natural Gas Compressor Stations.

[Added by Ord. No. 942, 3/4/2019]

A. Conditional Use. Natural gas compressor stations shall be a conditional use only within industrial zoning districts, provided that the natural gas compressor stations satisfy the distance and noise restrictions set forth in Subsection C.

B. Prohibition. Natural gas processing plants shall be prohibited in all zoning districts other than as set forth in Subsection A.

C. Distance and Noise Restrictions. In order to be eligible for approval as a conditional use, natural gas compressor stations must:

(1) Be located 750 feet or more from the nearest existing building or 200 feet from the nearest lot line, whichever is greater, unless waived by the owner of the building or adjoining lot; and

(2) Operate in such a manner that the noise level generated by the natural gas compressor station does not exceed a noise standard of 60 dbA at the nearest property line or the applicable standard imposed by federal law, whichever is less.