A.
In addition to the requirements prescribed in this chapter, the following
uses listed in this article shall be required to conform with the
requirements set forth hereafter regardless of whether they are listed
and constructed as a permitted use, special exception use or conditional
use in any zoning district.
(1)
Adult-oriented businesses (sexually oriented business).
(a)
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
ADULT CABARET
[1]
[2]
[3]
ADULT ENTERTAINMENT
[1]
[2]
[3]
ADULT MOTEL
[1]
[2]
ADULT MOTION-PICTURE THEATER
ADULT THEATER
CHILD-ORIENTED BUSINESS
EMPLOYEE
ESCORT
ESCORT AGENCY
ESTABLISHMENT or ESTABLISH
[1]
[2]
[3]
[4]
KNOWING or KNOWINGLY
[1]
[2]
MUNICIPALITY
NUDE MODEL STUDIO
[1]
[2]
[3]
NUDITY or STATE OF NUDITY
PERMITTEE
PERSON
SEMINUDE
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS (ADULT-ORIENTED BUSINESS)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
SWINGER'S CLUB
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
[1]
[2]
[3]
VIEWING BOOTHS
[1]
[2]
[3]
Definitions. As used in this article, the following terms shall
have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled stiff- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas. All adult arcades must be constructed in accordance with the
diagram attached in the Addendum to this chapter.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental, for any form of consideration,
any one or more of the following: books, magazines, periodicals or
other printed matter, or photographs, films, motion pictures, videocassettes
or video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or instruments, devices or paraphernalia which are designed
for use in connection with specified sexual activities. A commercial
establishment may have other principal business purposes that do not
involve the offering for sale or rental of material depicting or describing
specified sexual activities or specified anatomical areas and still
be categorized as an "adult bookstore" or "adult video store." Such
other business purposes will not serve to exempt such commercial establishment
from being categorized as an "adult bookstore" or "adult video store"
so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials which
depict or describe specified sexual activities or specified anatomical
areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in the state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, digital imaging,
photographic reproductions or any and all visual media using the most
recent technology which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
An exhibition of any adult-oriented motion pictures which are
distinguished and characterized by an emphasis of matter depicting,
describing or relating to specified sexual activities or sexual anatomical
areas; or
A live performance, display or dance of any type which has a
significant or substantial portion of the performance or any actual
or simulated performance of specified sexual activities or exhibition
in viewing of specified anatomical areas or persons in a state of
nudity or seminudity; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, digital imaging, photographic
reproductions or any visual media using current technology which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas; and has a sign visible from
the public right-of-way which advertises the availability of this
adult type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
A commercial establishment which, as one of its principal
business purposes, serves and/or sells children and their families
food, apparels, goods, services, play and/or entertainment.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent, lessee, lessee of a dance floor or space or otherwise, and
whether or not said person is paid a salary, wage or compensation
by the operator of said business. "Employee" does not include a person
exclusively on the premises for repair or maintenance of the premises
or equipment located thereon or for the delivery of goods to the premises.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business or sexually oriented
use to any other existing sexually oriented business or use.
The relocation of any sexually oriented business.
Having a general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a permittee
or persons.
The age of a minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the permittee
or person made a reasonable, bona fide attempt to ascertain the true
age of such minor.
The Township of Unity, Westmoreland County, Pennsylvania.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration. "Nude
model studio" shall not include a proprietary school licensed by the
Commonwealth of Pennsylvania as a college, junior college or university
supported entirely or in part by public taxation; a private college
or university which maintains and operates educational programs in
which credits are transferable to a college, junior college or university
supported entirely or partly by taxation; or in a structure under
the following conditions:
There is no sign visible from the exterior of the structure
and no other such advertising which indicates that a nude or seminude
person is available for viewing; and
Where, in order to participate in a class, a student must enroll
at least three days in advance thereof; and
Where no more than one nude or seminude model is on the premises
at any one time.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
A person in whose name a permit to operate a sexually oriented
business has been issued, as well as the individual or individuals
listed as the applicants on any permit application.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise, that, as one of its
primary business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, swinger's club or sexual encounter
center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor area occupied by the business by more
than 25%, as the floor area exists on the date of enactment of this
article.
A social club, organization or meeting place where nonresident
male and female persons, and/or persons of the same sex, engage in
nude or seminude activities on the premises.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law, upon the death of the
person possessing the ownership or control.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
Films, movies, videos or visual reproductions of any kind depicting
or describing specified sexual activities or specified anatomical
areas; or
Persons who appear in a state of nudity or seminudity or who
offer performances or presentations characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Anatomical areas or by specified sexual activities.
(b)
Classification. Sexually oriented businesses are classified
as follows:
(c)
Permit required; application.
[1]
Any person who operates a sexually oriented business without
a valid permit issued by the Township is guilty of a violation of
this chapter.
[2]
An application for a permit to operate a sexually oriented business
must be made on a form provided by the Code Enforcement Officer. Plans
approved by the Pennsylvania Department of Labor and Industry depicting
the floor plan and plot plan configuration of the premises, including
a statement of total floor space to be occupied by the business, must
accompany the application. The sketch or diagram need not be professionally
prepared but must be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus
or minus six inches.
[3]
The applicant must be qualified according to the provisions
of this chapter and the premises must be inspected and found to be
in compliance with the law by the Code Enforcement Officer.
[4]
If a person who wishes to operate a sexually oriented business
is an individual, he/she must sign the application for a permit as
applicant. If a person who wishes to operate a sexually oriented business
is other than an individual, each individual who has a 10% or greater
interest in the business must sign the application for a permit as
applicant. If a corporation is listed as owner of a sexually oriented
business or as the entity which wishes to operate such a business,
each individual having a direct or indirect interest of 10% or greater
in the corporation must sign the application for a permit as applicant.
[5]
The fact that a person possesses other types of permits issued
by the municipality shall not exempt the person from the requirement
of obtaining a sexually oriented business permit under the provisions
hereof.
(d)
Issuance of permit.
[1]
The Zoning Officer shall approve the issuance of a permit to
an applicant within 30 days after receipt of an application unless
he/she finds one or more of the following to be true:
[a]
An applicant is under 18 years of age.
[b]
An applicant or an applicant's spouse is overdue
in his payment to the municipality of taxes, fees, fines or penalties
assessed against him/her or imposed upon him/her in relation to a
sexually oriented business.
[c]
An applicant has failed to provide all information
required for issuance of the permit or has falsely answered a question
or request for information on the application form.
[d]
An applicant is residing with a person who has
been denied a permit by the municipality to operate a sexually oriented
business within the preceding 12 months, or residing with a person
whose permit to operate a sexually oriented business has been revoked
within the preceding 12 months.
[e]
The premises to be used for the sexually oriented
business have been reviewed and has been disapproved by the Zoning
Officer as not being in compliance with applicable laws and ordinances.
[f]
The permit fee required by this article has not
been paid.
[g]
An applicant of the proposed establishment is in
violation of or is not in compliance with any of the provisions of
this article.
[h]
An individual applicant or any individual holding
a direct or indirect interest of more than 10% of a corporate applicant
or any of the officers and directors of a corporate applicant, if
the applicant is a corporation; or any of the partners, including
limited partners, if the applicant is a partnership; or the manager
or other person in charge of the operation of the applicant's business
has or have been convicted of an offense involving sexual misconduct
within the Commonwealth of Pennsylvania, including but not limited
to prostitution, obscenity and possession of child pornography, or
convicted of any offense in any jurisdiction other than the Commonwealth
of Pennsylvania that would have constituted an offense involving sexual
misconduct if committed within the Commonwealth of Pennsylvania. In
order for approval to be denied pursuant to this subsection, the person
or person's conviction or release in connection with the sexual misconduct
offense must have occurred within two years of the date of application
in the event of a misdemeanor and within five years of the date of
application in the event of a felony.
[2]
The permit, if granted, shall state on its face the name of
the person or persons to whom it is granted, the expiration date and
the address of the sexually oriented business. The permit shall be
posted in a conspicuous place at or near the entrance to the sexually
oriented business so that it may be easily read at any time.
[3]
The Zoning Officer shall complete his certification that the
premises are or are not in compliance within 20 days of receipt of
the application by the Zoning Officer.
(e)
Fees. The annual fee for a sexually oriented business permit
is $500.
(f)
Inspection.
[1]
An applicant, or permittee, shall permit an administrative inspection
of the premises by the Zoning Officer at any time that the permitted
business operation is open for business in order to ensure continued
compliance with the law.
[2]
Any person who operates a sexually oriented business or his
agent or employee violates the Unity Township Zoning Ordinance if
such person refuses to permit a lawful inspection of the premises
as set forth above.
(g)
Expiration of permit.
[1]
Each permit shall expire one year from the date of issuance
and may be renewed only by making application as provided in this
chapter. Application for renewal should be made at least 60 days before
the expiration date and, when made fewer than 60 days before the expiration
date, the pendency of the application will not prevent the expiration
of the permit.
[2]
If the Zoning Officer denies renewal of a permit, the applicant
shall not be issued a permit for one year from the date of denial,
except that after 90 days have elapsed since the date of denial, the
applicant may be granted a permit if the Zoning Officer finds that
the basis for denial of the renewal permit has been corrected or abated.
(h)
Suspension of permit. The Zoning Officer shall suspend a permit
for a period not to exceed 30 days if he/she determines that a permittee
or an employee of a permittee has:
(i)
Revocation of permit.
[1]
The Zoning Officer shall revoke a permit if a cause for suspension
set forth in this chapter occurs and the permit has been suspended
within the preceding 12 months.
[2]
The Zoning Officer shall revoke a permit if he/she determines
that:
[a]
A permittee or any of the persons specified in
this chapter is or has been convicted of the offenses specified in
this chapter.
[b]
A permittee gave false or misleading information
in the material submitted to the municipality during the application
process.
[c]
A permittee or an employee of a permittee has knowingly
allowed possession, use or sale of controlled substances on the premises.
[d]
A permittee or an employee of a permittee has knowingly
allowed prostitution on the premises.
[e]
A permittee or an employee of a permittee knowingly
operated the sexually oriented business during a period of time when
the permittee's permit was suspended.
[f]
A permittee or an employee of a permittee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation
or other explicit sexual conduct to occur in or on the permitted premises.
[g]
A permittee is delinquent in payment to the municipality
or the Commonwealth of Pennsylvania of any taxes or fees relating
to sexually oriented businesses.
[3]
When the Zoning Officer revokes a permit, the revocation shall
continue for one year, and the permittee shall not be issued a sexually
oriented business permit for one year from the date revocation became
effective, except that if the revocation is pursuant to Subsection
A(1)(i)[2][a] above, the revocation shall be effective for two years
in the event of a misdemeanor or five years in the case of a felony.
[4]
All permit denial, renewal, suspension or revocation decisions
shall be sent in writing to the applicant and/or permittee. All such
decisions which deny, refuse to renew, suspend or revoke a permit
shall state specifically the ordinance requirement not met and any
other basis for the decision. After denial of an application, or denial
of a renewal of an application, or after suspension or revocation
of any permit, the applicant or permittee may appeal pursuant to procedures
set forth in this chapter from a determination of the Zoning Officer.
Any such appeal must be filed, in writing, with the Zoning Officer,
within 10 days from the date of the mailing of the decision appealed
from and shall specify, in detail, the basis for the appeal. Failure
or refusal to file said appeal or specify the basis of said appeal
with the Zoning Officer shall be deemed a conclusive determination
as to the issues or matters addressed by the written decision. If
an appeal is timely filed, the Zoning Hearing Board of Unity Township
will then convene and conduct a hearing pursuant to the provisions
of the Unity Township Zoning Ordinance and shall render a written
decision within the time frame set forth therein. In the case of a
denial or renewal, or in the case of a permit suspension or revocation,
the permittee may continue to operate to the same extent as immediately
prior to the suspension or revocation until the earlier of:
[5]
Any person aggrieved by a decision of the Zoning Hearing Board
of Unity Township may appeal to a court of competent jurisdiction
pursuant to the provisions of Article X-A of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 11001-A et seq. Unity Township
shall, upon filing of such appeal, consent to any request by a permit
applicant or permittee to the court to give expedited review of such
appeal. Unity Township shall certify any record to the court within
20 days after the appeal is filed. In the case of a denial of a permit
renewal, or in the case of a permit suspension or revocation, the
permittee may continue to operate to the same extent as immediately
prior to the denial, suspension or revocation until the earlier of:
(j)
Transfer of permit. A permittee shall not transfer his permit
to another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
(k)
Location of sexually oriented businesses and violations.
[1]
A person is guilty of a violation of this chapter if he/she
operates or causes to be operated a sexually oriented business outside
of the district in which a sexually oriented business is permitted
as a conditional use. No sexually oriented businesses shall be located
outside a district in which a sexually oriented business is a permitted
use. Hours of operation shall be from 8:00 a.m. to 10:00 p.m., Mondays
through Saturdays, and no such operation shall be permitted on Sundays
or legal holidays.
[2]
A person is guilty of a violation of this chapter if he/she
operates or causes to be operated a sexually oriented business within
1,500 feet of:
[a]
A church, including, without limitation, any property
owned or utilized for purposes of a convent, monastery, religious
cemetery, religious retreat or any other property utilized for religious
functions or uses.
[b]
A public or private pre-elementary, elementary
or secondary school.
[c]
A public library.
[d]
A public or private child-care facility or nursery
school.
[e]
A public park adjacent to any residential district.
[f]
A child-oriented business.
[g]
A college and/or public or private university.
[h]
Any property situate in Unity Township, Westmoreland
County, Pennsylvania, which is zoned or used for residential purposes.
[3]
A person is guilty of a violation of this chapter if he/she
causes or permits the operation, establishment, substantial enlargement
or transfer of ownership or control of a sexually oriented business
within 1,500 feet of another sexually oriented business.
[4]
A person is guilty of a violation of this chapter if he/she
causes or permits the operation, establishment or maintenance of more
than one sexually oriented business in the same building, structure
or portion thereof or undertakes a substantial enlargement of a sexually
oriented business as the same is defined herein.
[5]
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of any use or premises identified in Subsection A(1)(k)[2] hereof.
[6]
For purposes of Subsection A(1)(k)[3] above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
[7]
Any sexually oriented business lawfully operating on the date of enactment of this article that is in violation of Subsection A(1)(k)[1] through [6] hereof shall be deemed a nonconforming use. In the event that two or more sexually oriented businesses are located within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location shall be considered the conforming use and the later- established business shall be considered a nonconforming use. In the event that any preexisting nonconforming sexually oriented business shall be abandoned or not utilized as a sexually oriented business for a period of at least 12 months, said business shall lose its preexisting nonconforming status and must thereafter comply with all provisions of this article to reopen.
[8]
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of any premises or use identified in Subsection A(1)(k)[2] hereof within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(l)
Injunction. A person who operates or causes to be operated a
sexually oriented business without a valid permit or in violation
of this article is subject to an action in equity or a suit for injunction
as well as citations for violations of this chapter.
(2)
Apartments. The provisions contained herein apply to the development
of all multifamily residential developments, whether allowed as a
permitted, special exception or conditional use.
(a)
General requirements:
[1]
The use must comply with those area and bulk regulations for
multifamily dwellings for the zoning district in which it is located.
[2]
Habitable space shall not be less than 640 square feet per dwelling
unit.
[3]
Apartment buildings shall be limited to a maximum of 32 units
per building
[4]
All buildings shall be oriented to face the street and meet
the minimum front yard setbacks for the district.
[5]
The use of alleys or rear access drives is required for apartment
dwellings. In no instance shall off-street parking areas be the focal
point for design. Off-street parking areas shall be located to the
side or rear of buildings.
(b)
Open space and recreation area requirements for apartments on
lots over five acres in size.
[1]
Intent. To create areas of common open space that are easily
accessed by residents which provide focal points for community recreation
and interaction, preserves identified environmental features and add
to the quality of life for residents. Common open space should be
purposefully integrated into the overall design of a multifamily development
to enhance the environmental and recreational effect of the apartment
units and not merely be residual areas left over after buildings and
parking lots are located.
[2]
A minimum of 25% of the total tract areas shall be required
to be preserved as open space on the site. The required open space
shall not include any primary conservation areas identified on site,
including wetlands, One-hundred-year floodplains, and steep slopes
of 25% or greater.
[3]
A minimum of 10% of the tract or 400 square feet per dwelling
unit, whichever is greater shall be set-aside as common usable open
space in the form of a park for the enjoyment of the residents of
the development. The usable open space shall be centrally located
and accessible to all residents, be constructed on generally flat
land and located on otherwise easily buildable land (net buildable
land).
[4]
Acceptable forms of usable open spaces include improvements
for a courtyard or plaza, with benches, shade trees, pedestrian connections,
recreational ponds, an open grass area, and may also incorporate a
play area for children depending on the anticipated resident group.
[5]
The usable open space area may be calculated as part of the
minimum 25% required open space to be preserved on the site.
[6]
The following areas shall not be allowed as part of the calculation
of common open space:
[a]
Private yards, lots, decks, patios dedicated for
use by a specific unit.
[b]
Public right-of-way, private streets or drives
and off-street parking areas.
[c]
Land covered by a structure, except those allowed
as part of the usable open space, such as gazebos, picnic shelters,
tennis courts or swimming pools.
[d]
Required perimeter setbacks.
[e]
Retention and detention ponds used for stormwater
management.
[7]
Pedestrian access to common open space shall occur within 500
feet of every building unit within the development.
(c)
Building design standards:
[1]
The establishment of building design standards for apartments
located within Unity Township is intended to benefit the community
as a whole by attempting to achieve the following goals:
[a]
To preserve, protect and promote the public health,
safety and welfare.
[b]
To protect the Township from unregulated construction
of inferior and unsuitable buildings that are more prone to damage
caused by fire and high winds from tornados or hurricanes that can
result in physical injury to residents of those buildings.
[c]
To minimize the spreading of a hazard within multifamily
structures by utilizing superior materials and design.
[d]
To preserve, enhance, and balance the environmental,
social, cultural and aesthetic values desirable in a rural-suburban
community while promoting the development of a variety of high-quality
housing choices consistent with the objectives of the adopted Comprehensive
Plan.
[e]
To provide protections from negative impacts of
highly concentrated developments in order to protect property values
of adjoining and predominant lower density residential properties.
[f]
To promote development that is compatible with
surrounding sites and preserves the sense of community.
[g]
To plan for harmonious neighborhoods through higher
standards of design that results in increasing property values within
these neighborhoods and requires buildings that are less prone to
deterioration.
[h]
To increase the overall economic tax base of the
Township by attracting quality development.
[2]
In addition to the above stated purposes, these building design
standards are intended to create and add to the visual interest of
Unity Township's streets; to ensure quality and consistency in building,
architectural character and style; to ensure compatibility with adjacent
development, as applicable; to avoid featureless building massing;
to provide building design details to reduce the visual scale of large
multifamily buildings; to achieve unity of design through the use
of similar materials; to ensure use of building materials that are
durable and attractive; and to ensure accessory structures are compatible
in design with the primary buildings they serve.
[3]
All building plans for apartments in all zoning districts shall
be prepared and sealed by an architect and shall meet all provisions
of this section.
(d)
Building length/height/massing/form.
[1]
Intent. These standards are intended to achieve the following
purposes:
[a]
To provide a distinctive, quality, consistent,
architectural character and style in new multifamily development that
avoids monotonous and featureless building massing and design.
[b]
To ensure building design and architectural compatibility
within a multifamily development.
[c]
As applicable, to ensure that new building design
respects the context of adjacent residential neighborhoods, including
the height, scale, mass, form, and character of surrounding development.
[2]
Building length. The maximum length of a multifamily residential
building shall be 200 feet.
[3]
Building mass and form.
[a]
Apartment building design should incorporate visually
heavier and more massive elements at the building base, and lighter
elements above the base. A second story, for example, should not appear
heavier or demonstrate greater mass than that portion of the building
supporting it.
[b]
The following common building materials are listed
in order from heaviest to lightest: stone, brick, wood, and stucco.
[c]
In instances where the same building material is
used in differing colors, darker hues will be considered heavier than
lighter hues.
[d]
All buildings shall be designed to provide complex
massing configurations with a variety of different wall planes and
roof planes. Plain, monolithic structures with long, monotonous, unbroken
wall and roof surfaces of 50 feet or more are prohibited. At least
every 50 linear feet, wall and roof planes shall contain offsets or
setbacks with a differential in horizontal plane of at least four
feet. (See Figure 1)
|
Figure 1 - Examples of Varied Roof Planes and Wall Surfaces
|
(3)
Assisted living or personal care facilities.
(a)
A minimum lot size of two acres shall be required.
(b)
The maximum percentage of the lot covered by buildings shall
not exceed 20%.
(c)
The maximum impervious surface ratio shall be 50%.
(d)
The assisted care nursing facility shall meet all licensing
requirements of the Commonwealth of Pennsylvania.
(4)
Automobile sales. Automobile sales shall be subject to the following
standards:
(a)
Minimum required lot size: five acres.
(b)
Automobile sales uses shall provide a building having a minimum
gross floor area of 10,000 square feet for display, sales and service
activities.
(c)
All exterior sales areas shall be graded and surfaced with asphalt,
concrete or other material that will provide equivalent protection
against potholes, erosion and dust.
(d)
All displayed vehicles shall be located at least 10 feet from
any side or rear property line. Displayed vehicles shall not be located
within 35 feet of the edge of any travelled roadway or within any
grassy area required along a public road.
(e)
No automobile sales use shall employ flashing lights, streamers,
banners, inflatable or mechanical products or similar devices in any
of its displays, signage or on any building.
(f)
Display vehicles shall not be parked in spaces required for
customers, employees or service parking.
(g)
Automobile sales uses shall not employ outdoor loudspeaker paging
systems.
(h)
All repairs and service shall be conducted in an enclosed building.
(i)
Verification of compliance with all Pennsylvania Department
of Environmental Protection (DEP) requirements relative to the handling
and disposal of oil, battery acid, tires, etc., shall be provided.
(j)
External lighting shall be reduced in intensity by 50% at the
close of each business day.
(5)
Bed-and-breakfasts and short-term rentals. All bed-and-breakfasts
and short-term rentals shall comply with the following requirements:
[Amended 5-14-2015 by Ord. No. O-2-2015; 3-12-2020 by Ord. No. O-5-2020]
(a)
The bed-and-breakfast must be conducted within a single-family
residential dwelling by an owner of the property who resides on the
premises. A short-term rental need not be occupied by the owner of
the property where the entire property, and all dwelling units therein,
are subject to a single common lease for all occupants. No modification
to the external appearances of the building (except those required
under the Pennsylvania Uniform Construction Code, 34 Pa. Code, Chapters
401 through 405) which would alter its residential character shall
be permitted.
(b)
Accommodations for overnight lodging at a bed-and-breakfast
and a short-term rental shall be limited to no more than three guest
rooms. The guest rooms shall be rented to overnight guests on a daily
basis.
[Amended 6-8-2023 by Ord. No. O-3-2023]
(c)
Accommodations at a bed-and-breakfast shall include breakfast
or brunch prepared on the premises solely for its overnight guests
with the charge for same being included in the cost of the room. Accommodations
for a short-term rental may, but are not required to, provide breakfast
or brunch prepared on the premises solely for its overnight guests
with the charge for same being included in the cost of the room.
(d)
Outdoor areas such as decks, verandas, porches, lakes and other
accessory structures may be used in conjunction with the bed-and-breakfast
and short-term rentals, provided the use of same is limited to overnight
guests during the course of their stay.
(e)
No cooking facilities shall be provided or permitted in individual
guest's rooms.
(f)
Bed-and-breakfasts and short-term rentals must generally conform
to the bulk and area regulations of the zoning district in which they
are located and comply with the minimum area requirements set forth
hereafter.
(g)
Bed-and-breakfasts and short-term rentals shall comply with
the rules and regulations of the Pennsylvania Uniform Construction
Code and shall provide and retain proof of certification of occupancy
from the Department and all other applicable building, safety, and
fire codes of the federal, state, or local government at all times
such use is in effect.
(h)
The property on which the bed-and-breakfast or short-term rental
is located must have an area of not less than 80,000 square feet.
[Amended 6-8-2023 by Ord. No. O-3-2023]
(i)
Each bed-and-breakfast and short-term rental shall provide a
minimum of one off-street parking space for each guest/rental room
and two off-street parking spaces for the owners of the property.
(j)
In addition to any approval required under this chapter or any other applicable ordinance, all bed-and-breakfasts and short-term rentals must obtain land development (site) plan approval from the Board of Supervisors and comply with the terms and provisions of Chapter 104, Subdivision and Land Development, of this Code.
(6)
Bed-and-breakfasts with reception facilities. Bed-and-breakfasts
with reception facilities shall comply with all of the following requirements:
[Added 5-14-2015 by Ord.
No. O-2-2015]
(a)
The bed-and-breakfast and the reception facilities shall not
be conducted on less than 10 acres of land;
(b)
The reception facilities must be conducted by the owner of the
bed-and-breakfast as an accessory use to the bed-and-breakfast and
the reception facilities are used or rented by a person or persons
staying in the bed-and-breakfast at the time the reception facilities
are being used or rented.
(c)
The uses associated with the bed-and-breakfast and reception
facilities must be conducted within a permanent, enclosed building
or structure, except that additional activities accessory and ancillary
to the use of the conversion may be conducted in a tent or other temporary
facility so long as:
[Amended 5-11-2017 by Ord. No. O-5-2017]
(d)
The applicant must dedicate an area of not less than 80,000
square feet of the property for use as part of the reception facilities.
Such 80,000 square feet shall include areas used for off-street parking.
(e)
All off-street parking or other areas dedicated to the reception
facility must be set back so they are not closer than 100 feet to
any existing lot line.
(f)
Receptions held on the property shall only be conducted between
the hours of 10:00 a.m. and 11:00 p.m.;
(g)
A 50-foot buffer area must be installed along any perimeter
of the designated reception facility area which abuts a residentially
occupied structure. Such buffer may be installed within the 100-foot
setback referenced above;
(h)
The applicant must obtain land development plan approval from the Board of Supervisors and comply with the terms and provisions of Chapter 104, Subdivision and Land Development, including, but not limited to, the approval of the area designated for the reception facilities, off-street parking and on-site vehicular circulation patterns; lighting plans and both event and daily traffic control plans.
(i)
The applicant must comply with all existing laws of the Commonwealth
of Pennsylvania regulating the use and operation of the reception
facilities including, but not limited to, the Pennsylvania Uniform
Construction Code and the Pennsylvania Liquor Code. The applicant
shall provide and retain proof of certification of occupancy from
the appropriate regulatory agencies and all other applicable building,
safety, and fire codes of the federal, state, or local government
at all times such use is in effect.
(j)
No new reception facility shall be designed or constructed with
sewage facilities to accommodate a capacity of more than 100 people
at an event. However, in the event sewage facilities already existing
on the property can accommodate a capacity in excess of 100 people,
then the applicant may conduct reception activities on the site having
an occupancy capacity equal to the capacity for which the existing
sewage facilities are designed, or a maximum of 200 people, whichever
is less.
(k)
Accommodations for overnight lodging at a bed-and-breakfast with
reception facilities shall be limited to no more than seven guest
rooms. The guest rooms may be rented to overnight guests on a daily
or weekly basis.
[Added 6-8-2023 by Ord. No. O-3-2023]
(7)
Agricultural conversions. The conversion and/or use of existing buildings
or structures which are accessory to the agricultural use of property
for the events and/or commercial uses limited to:
[Added 5-11-2017 by Ord.
No. O-5-2017]
(a)
Weddings;
(b)
Wedding receptions;
(c)
Private receptions and parties; and
(d)
Retail sales of produce, meat, poultry, vegetables, flowers,
jams, jellies or other products grown or otherwise produced on the
property, provided they comply with all of the following requirements:
[1]
The uses associated with agricultural conversions shall not
be conducted on less than 10 acres of land.
[2]
The uses associated with the agricultural conversion must be
conducted by the owner of the property, their lessees or agents.
[3]
The uses associated with the agricultural conversion must be
conducted within a permanent, enclosed building or structure, except
that additional activities accessory and ancillary to the use of the
conversion may be conducted in a tent or other temporary facility
so long as:
[a]
No "portable" restroom facilities are used and
permanent restroom facilities sufficient to accommodate the proposed
uses are provided and available in a permanent, enclosed building
or structure on the property; and
[b]
The tent or other temporary facility is taken down
and removed within 24 hours following the conclusion of the event
or activity for which it was used.
[4]
The applicant must dedicate an area of not less than 80,000
square feet of the property for use as part of the agricultural conversion.
Such 80,000 square feet shall include areas used for off-street parking
and sanitary sewage facilities.
[5]
All off-street parking or other areas dedicated to the agricultural
conversion must be set back so they are not closer than 100 feet to
any existing lot line.
[6]
Any activity associated with the agricultural conversion on
the property shall be conducted only between the hours of 10:00 a.m.
and 11:00 p.m.
[7]
A 50-foot acoustically and visually insulating buffer area must
be installed along any perimeter of the area designated for the agricultural
conversion which abuts a residentially occupied structure. Such buffer
may be installed within the 100-foot setback referenced above.
[8]
The applicant must obtain land development plan approval from the Board of Supervisors and comply with the terms and provisions of Chapter 104, Subdivision and Land Development, including, but not limited to, obtaining the approval of the area designated for the use of the agricultural conversion and the area used for off-street parking, on-site vehicular circulation patterns, lighting plans and both event and daily traffic control plans.
[9]
The applicant must comply with all existing laws of the Commonwealth
of Pennsylvania regulating the use, event and/or the event or operations
associated with the agricultural conversion, including, but not limited
to, the Pennsylvania Uniform Construction Code and the Pennsylvania
Liquor Code. The applicant shall provide and retain proof of certification
of occupancy from the appropriate regulatory agencies and all other
applicable building, safety, and fire codes of the federal, state,
or local government at all times such use is in effect.
[10]
No agricultural conversion shall be designed or
constructed with sewage facilities to accommodate a capacity of more
than 100 people at an event. However, in the event sewage facilities
already existing on the property can accommodate a capacity in excess
of 100 people, then the applicant may conduct activities associated
with the agricultural conversion on the site having an occupancy capacity
equal to the capacity for which the existing sewage facilities are
designed, or a maximum of 200 people, whichever is less.
[11]
No building or structure associated with an agricultural
conversion shall be permitted to be used as a bed-and-breakfast, or
to provide any other form of overnight residential occupancy for rent,
lease, or otherwise, unless the owner, lessee, or agent of the owner,
or a member of the owner's immediate family, occupies the structure
in which such accommodations are provided as their principle residence.
For purposes of this section the term "immediate family" shall mean
the owner's spouse, parents or children.
(8)
Billboards and/or outdoor advertising signs. Billboards and/or outdoor advertising signs or devices shall comply with those standards and conditions as set forth hereinafter in Article IX of this chapter regulating "Signs."
(9)
Cemeteries. Cemeteries shall have:
(a)
A required minimum site area of 10 acres.
(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)
An enclosed maintenance building for the storage of all maintenance
equipment and/or supplies. All maintenance equipment shall be properly
stored in the enclosed building when not in use.
(e)
Burial sites which are required to 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 line
adjoining a residential use or Residential Zoning District.
(10)
Child-care centers. Child-care centers shall be at least 1,000
feet apart from each other, shall not be located on lots of less than
the minimum area required for the zoning district and shall provide
outdoor recreational facilities suitable to the age groups being served.
Child-care centers shall not be located within 1,000 feet of any adult
oriented business or liquor licensed establishment.
(11)
Commercial storage (warehousing).
(a)
No hazardous substances may be stored on the property.
(b)
All exterior storage areas shall be fenced with visually intrusive
materials to obstruct the view of the exterior area, and the materials
or equipment being stored thereupon, from adjoining properties.
(c)
Where the facility adjoins a property in residential use, in
addition to the fence referenced above, a buffer area of natural plantings
shall be maintained on the outside of the fence along the adjoining
residential property's boundary line.
(d)
All lighting shall be directed to the interior of the premises
to prevent glare onto adjoining properties.
(e)
The exterior of the property exposed to vehicular traffic, including
equipment and/or machinery stored or used as part of the commercial
storage operation, shall have a dust free surface.
(12)
Communications antennas.
(a)
Building-mounted communications antennas shall not be located
on any single-family dwelling or two-family dwelling.
(b)
Building-mounted communications antennas shall be permitted
to exceed the height limitations of the applicable zoning district
by no more than 20 feet.
(c)
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
(d)
Directional or panel communications antennas shall not exceed
five feet in height and three feet in width.
(e)
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence from a Pennsylvania
registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
(f)
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Township Engineer.
(g)
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
(h)
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
(i)
Communications antennas shall not cause radio frequency interference
other communications facilities located in the Township.
(j)
A communications equipment building shall be subject to the
height and setback requirements of the applicable zoning district
for an accessory structure.
(k)
The owner or operator of communications antennas shall be licensed
by the Federal Communications Commission to operate such antennas.
(13)
Communications equipment buildings. A communications equipment
building shall be subject to the height and setback requirements of
the applicable zoning district for an accessory structure.
(14)
Communications towers.
(a)
The applicant must provide proof it is licensed by the Federal
Communications Commission to operate a communications tower and, if
applicable, communications antennas.
(b)
The applicant must demonstrate that the proposed communications
tower and any communications antennas proposed to be mounted thereon,
comply with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
(c)
Communications towers shall comply with all applicable Federal
Aviation Administration, Commonwealth Bureau of Aviation and applicable
airport zoning regulations.
(d)
Any applicant proposing construction of a new communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the communications antennas on an existing
building, structure or communications tower. A good-faith effort shall
require that all owners of potentially suitable structures within
a radius of 1/4 mile of the proposed communications tower site be
contacted and that one or more of the following reasons for not selecting
such structure apply:
[1]
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure, and its reinforcement
cannot be accomplished at a reasonable cost.
[2]
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure, and the interference cannot be prevented at a reasonable
cost.
[3]
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
[4]
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
[5]
A commercially reasonable agreement could not be reached with
the owners of such structures.
(e)
Access shall be provided to the communications tower and communications
equipment building by means of a public street or an easement to a
public street. The easement shall be a minimum of 20 feet in width
and shall be improved to a width of at least 10 feet with a dust-free,
all-weather surface for its entire length.
(f)
A communications tower may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot meeting
the minimum lot size requirements for the zoning district.
(g)
Recording of a plat of subdivision or land development shall
not be required for a leased parcel on which a communications tower
is proposed to be constructed, provided that the communications equipment
building is unmanned.
(h)
The applicant shall demonstrate that the proposed height of
the communications tower is the minimum height necessary to perform
its function.
(i)
In all zoning districts except M (Manufacturing), the maximum
height of any communications tower shall be 150 feet; provided, however,
that such height may be increased to no more than 200 feet, if the
required setbacks from adjoining property lines (not lease lines)
are increased by one foot for each one foot of height in excess of
150 feet. In the M (Manufacturing) Zoning District, the maximum height
of any communications tower shall be 180 feet.
(j)
The foundation and base of any communications tower shall be
set back from a property line (not lease line) located in any residential
district at least 100 feet and shall be set back from any other property
line (not lease line) at least 50 feet.
(k)
The base of a communications tower shall be landscaped to screen
the foundation and base and communications equipment building from
abutting properties.
(l)
The communications equipment building shall comply with the
required yards and height requirements of the applicable zoning district
for an accessory structure.
(m)
The applicant shall submit certification from a Pennsylvania
registered professional engineer that the proposed communications
tower will be designed and constructed in accordance with the current
structural standards for steel antenna towers and antenna-supporting
structures, published by the Electrical Industrial Association/Telecommunications
Industry Association.
(n)
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence and property damage coverage in the minimum
amount of $1,000,000 per occurrence covering the communications tower
and communications antennas.
(o)
All guy wires associated with guyed communications towers shall
be clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
(p)
The site of a communications tower shall be secured by a fence
with a maximum height of eight feet to limit accessibility by the
general public.
(q)
No signs or lights shall be mounted on a communications tower,
except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency which
has jurisdiction.
(r)
Communications towers shall be constructed and maintained in
accordance with the requirements of the Pennsylvania Uniform Construction
Code.
(s)
If a communications tower remains unused for a period of 12
consecutive months, it shall be considered abandoned and the owner
or operator shall dismantle and remove the communications tower within
90 days of the expiration of such twelve-month period. Failure to
remove an abandoned antenna or tower within 90 days shall be grounds
to remove the antenna or tower at the owner's expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower.
(t)
One off-street parking space shall be provided within the fenced
area.
(15)
Day-care centers having more than six nonresident children.
(a)
Proof of a valid license to operate child day-care facilities
issued by the Pennsylvania Department of Public Welfare shall be provided
to the Township prior to the issuance of an occupancy permit by the
Township for the use.
(b)
All child day care facilities shall provide a minimum area for
indoor play at a ratio of 40 square feet per child.
(c)
All child day care facilities shall provide outdoor play space
at a minimum ratio of 65 square feet per child using the outdoor play
facility. Long, linear configurations shall be avoided to assure the
functionality of the space as a play area. At no point shall the play
area be less than 20 feet in width.
[1]
The outdoor play area shall adjoin the building where the child
day-care facility is located.
[2]
The outdoor play area shall be no closer than 30 feet to a private/public
street right-of-way, or 10 feet to any other property lines.
[3]
The outdoor play space shall be completely enclosed by a safe
and adequate fence or wall a minimum of four feet in height, unless
a greater height is required by the Board of Supervisors or Zoning
Hearing Board. Any outdoor play area potentially susceptible to encountering
vehicles leaving the roadway, travel lanes, or access ways shall be
protected by a barrier capable of preventing the vehicle from entering
the play area.
[4]
Non-yielding surfaces, such as concrete, asphalt, gravel, etc.,
are prohibited beneath any piece of permanently installed play equipment.
Certain rubber padding may be permissible over hard surfaces when
approved by the Board of Supervisors. Nonyielding surfaces shall not
exceed 1/4 of the required outdoor play space.
(d)
Safe vehicular access and off-street areas for the discharge
and pick-up of children shall be provided in the following manner:
[1]
Minimum dimensions of discharge and pickup areas shall measure
eight by 55 feet.
[2]
Discharge and pickup areas shall be so located and designed
so that the vehicles intended to use them can maneuver safely and
conveniently to and from a public right-of-way and complete the discharge
and pick-up without obstructing or interfering with the use of any
public right-of-way, any parking space, or parking lot aisle.
[3]
No area allocated as a discharge and pickup area may be used
to satisfy the area requirements for off-street parking, nor shall
any portion of any off-street parking area be used to satisfy the
area requirements for discharge and pick-up areas. All off-street
discharge and pick-up areas shall be separated from walkways, sidewalks,
parking lot aisles, streets, and alleys by curbing or other protective
devices as approved by the Township.
(16)
Drive-through facilities. All drive-through facilities shall
have and comply with the following:
(a)
Minimum stacking space requirements.
[1]
All uses which include a drive-up window, or which are characterized
by patrons remaining in their vehicles to receive service, shall provide
on-site stacking areas to alleviate traffic congestion.
[2]
Stacking areas shall be a minimum of 12 feet in width and 20
feet in length for each vehicle required in Section A(16)(a)[4][d]
below.
[3]
All stacking areas shall be separate from other vehicular and
pedestrian circulation aisles and parking spaces. Stacking lanes shall
be separated through the use of landscaped islands bounded by concrete
curbing.
[4]
The number of stacking spaces required shall be determined in
accordance with the following schedule:
[a]
Restaurant, fast food: a minimum of seven spaces
as measured from the drive-through window.
[b]
Vehicular washes: a minimum of four spaces measured
from, but not including, the bay.
[c]
Financial institutions: a minimum of four spaces
for each one drive-through window, plus three spaces for each additional
drive-through window or automated teller machines (ATM).
[d]
Other uses with drive-though windows or similar
characteristics: for uses not provided herein, the Township shall
determine the appropriate number of stacking spaces based on a use
listed above that most closely approximates the proposed use, or through
information provided by the developer or owner of the proposed use,
or through consultation with other communities containing uses similar
to the one proposed, or through a combination of these methods.
(b)
Drive-in facilities adjacent to or integrated in a shopping
center or cluster of commercial facilities shall use the common access
with other business establishments in that center.
(c)
Exterior microphone/speaker systems shall be arranged or screened
to prevent objectionable noise impact on adjoining properties.
(d)
All automated teller machines shall be located so that the on-site
movement of vehicles will not be hampered by those cars operated by
persons using the automated teller machines.
(17)
Farms and agricultural uses.
(a)
Ancillary farming business. An ancillary farming business is
permitted as an accessory to an agricultural use, provided that such
ancillary business shall not be located on sites of less than 40 acres,
and no operation shall be conducted closer than 200 feet to any adjoining
property. No structure shall be erected, modified or used in connection
with such ancillary farming business unless it is compatible with
a structure customarily accepted as an accessory to the agricultural
operation conducted on the site.
(b)
Ancillary dwellings. Ancillary dwellings shall be a permitted
accessory use for the sole and exclusive purpose of housing relatives
or farm employees, provided that the overall density shall not exceed
one family dwelling unit per 10 acres.
(c)
Animal and machinery requirements.
[1]
Horses, ponies, cattle, goats, sheep and grazing animals shall
not be kept, corralled or stabled in areas less than two acres in
size. In addition, there shall not be more than one such animal per
acre.
[2]
Fowl and pigs shall not be permitted on lots having an area
less than two acres.
[3]
No vehicles or farm machinery shall be stored within 20 feet
of any public right-of-way.
(d)
Accessory farm buildings.
[1]
Accessory farm buildings shall not be erected within 100 feet
of a neighboring property.
[2]
Intensively used feed lots, runs or pens for more than 50 animals
or 500 fowl shall not be located within 200 feet of a neighboring
property. Pastures or crop lands shall not be considered as feed lots
for purposes of this provision.
[3]
No structure, run or pen intended for use as a shelter for other
than common domestic pets shall be permitted as an accessory use within
any residential district except where an agricultural use exists,
in which case the provisions of this chapter limiting the size and
number of dogs serviced by a kennel in Residential Districts shall
apply.
[4]
No stable or other outbuilding in which animals other than common
domestic pets are kept, or any structure or other outside area where
manure is stored, shall be located within 100 feet of any property
line or within 125 feet of any occupied dwelling.
(e)
Roadside stands. Roadside stands for the sale of agricultural
products shall be permitted if:
[1]
They are erected at least 75 feet back from the nearest edge
of the roadway surface.
[2]
They are used exclusively for the sale of agricultural products
grown in the Township.
[3]
A current peddler's license is clearly displayed on the premises.
[4]
Parking space is provided off the road right-of-way.
[5]
No permanent sign is erected.
[6]
For purposes of this section, wagons, trailers or other similar
vehicles used for the transportation and sale of agricultural products
shall not be placed in any location that, in the judgment of the Code
Enforcement Officer, provides insufficient access or is inadequate
for the conduct of the use.
(f)
Agricultural buildings.
[Added 3-12-2020 by Ord.
No. O-5-2020]
[1]
Agricultural buildings shall not be erected within 100 feet
of a neighboring property;
[2]
Intensively used feed lots, runs or pens for more than 50 animals
or 500 fowl shall not be located within 200 feet of a neighboring
property. Pastures or crop lands shall not be considered as feed lots
for purposes of this provision;
[3]
No structure, run or pen intended for use as a shelter for other
than common domestic pets shall be permitted as an accessory use within
any residential district except where an agricultural use exists,
in which case the provisions of this chapter limiting the size and
number of dogs serviced by a kennel in residential districts shall
apply;
[4]
No stable or other outbuilding in which animals other than common
domestic pets are kept, or any structure or other outside area where
manure is stored, shall be located within 100 feet of any property
line or within 125 feet of any occupied dwelling;
[5]
If an agricultural structure is used for the housing of farm
animals of any kind, the lot size upon which the agricultural structure
is located must comply with the minimum lot size required for the
number and type of animals housed;
[6]
When constructed in a C Conservation or A Agricultural Zoning
District, agricultural structures shall comply with the following
area and bulk requirements:
|
Lot Size (acres)
|
Maximum Permitted Structure Size
|
|---|---|
|
0 to 5
|
2,000 square feet
|
|
Greater than 5 but less than 10
|
3,000 square feet
|
|
Greater than 10 but less than 50
|
5,000 square feet
|
|
Greater than 50
|
10,000 square feet
|
[7]
When constructed in an R-1 Rural Residential District, agricultural
structures shall comply with the following area and bulk requirements:
|
Lot Size (acres)
|
Maximum Permitted Structure Size
|
|---|---|
|
Less than 2
|
Not permitted as a primary use
|
|
Greater than 2 but less than 5
|
1,400 square feet
|
|
Greater than 5 but less than 10
|
2,000 square feet
|
|
Greater than 10 but less than 50
|
5,000 square feet
|
|
Greater than 50
|
10,000 square feet
|
[8]
Only one agricultural structure may be constructed on any property. The number of agricultural structures authorized on any property referenced herein, as well as the structure sizes set forth in Subsection A(17)(f) and (g) above may be modified by variance approved by the Unity Township Zoning Hearing Board.
(18)
Funeral homes and mortuaries. All funeral homes and mortuaries
shall have a minimum lot area of not less than 40,000 square feet.
The site of any funeral home or mortuary shall have frontage on and
direct vehicular access to an arterial or collector street.
(19)
Gas stations. Gas stations shall not have any tank for the storage
of flammable or otherwise hazardous material closer than 50 feet to
any property line. In the event any statute, rule or regulation of
the Commonwealth of Pennsylvania establishes a greater distance or
additional requirements for the storage of flammable or hazardous
materials, the distance established by such statute, rule or regulation
shall apply.
(20)
Group homes. As part of the special exception application process,
the applicant to conduct a group home must:
[Amended 6-8-2023 by Ord. No. O-3-2023]
(a)
Show that the home will be conducted on a lot that meets the
minimum lot size requirements for the zoning district in which they
are operating;
(c)
Provide information regarding the anticipated lengths of stay
of each proposed occupant;
(d)
Provide copies of all licenses and/or permits required under
any federal or state statute, law or other regulation to operate the
group home on the property;
(e)
Provide the Township with a history of police calls associated
with any other group home facility owned or operated by the applicant
for a two-year period preceding the date of the application;
(f)
Agree to provide the Township with information concerning events
on the property which result in police or emergency services involvement
or which could result in the generation of a report of disruptive
conduct under the Township's Regulated Rental Unit Ordinance;[4]
(g)
Agree, on an ongoing basis, to provide information sufficient
to determine whether any new occupants of the home suffer from "a
mental or physical impairment which substantially limits one or more
of such person's major life activities" under the Fair Housing
Act, prior to such new occupant taking up occupancy;
(h)
The group home must: (1) not substantially impair the value
of other property in the neighborhood; (2) be capable of operating
and being maintained in the character of a residential dwelling in
harmony with the character of the general vicinity in which it is
to be located; (3) be compatible in its nature and intensity, with
the character of the zoning district and neighborhood; and (4) not
be injurious to the health, safety and welfare of the surrounding
community or the public interest;
(i)
Be occupied by not more than four occupants; and
(j)
Be registered as a regulated rental unit under the Township's
Regulated Rental Unit Ordinance and comply with the terms of the ordinance.
(21)
Halfway house.
(a)
Each halfway house must be licensed, certified and/or sanctioned
by the appropriate government agency(ies) it serves and shall be operated
in compliance with all applicable rules and regulations of the licensing
body(ies). A copy of any required license, certification and/or evidence
of sanctioning must be delivered to the Township along with the application
for a permit hereunder.
(b)
A half-way house shall be directly affiliated with a parent
institution or organization which shall provide full-time supervision,
services and administration for the residents of the house.
(c)
A common cooking and eating area must be provided; no cooking
or dining facilities shall be provided in individual rooms or suites.
(d)
The users of the halfway house must reside on the premises and
directly benefit from the services provided. No person residing off
the premises shall be permitted to receive services on the premises.
(e)
Necessary permits for water supply and sanitary waste disposal
must be obtained.
(f)
The halfway house shall not be located within 1,000 feet of
any the following uses:
(g)
No halfway house shall be located with 1,000 feet of another
halfway house.
(h)
Each application to conduct a halfway house shall be accompanied
by a statement describing the following:
[1]
The character of the half-way house;
[2]
The policies and goals of the half-way house, and the means
proposed to accomplish those goals;
[3]
The characteristics of the residents and number of residents
to be served;
[4]
The operating methods and procedures to be used; and
[5]
Any other facts relevant to the proposed operation of the half-way
house.
(i)
Any use permit granted for the half-way house shall be bound
and limited to the type and number of offenders listed on the application.
Any increase in the number of offenders or change in the nature and/or
extent of the programs provided, shall be subject to prior approval
by the Township following those procedures set forth herein for the
approval of original applications.
(22)
Home occupations.
(a)
HOME OCCUPATION
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
[13]
[14]
[15]
[16]
[17]
Definition. As used in this section, the following terms shall
have the meanings indicated:
The specific service-oriented occupations of an architect,
engineer, clergyman, lawyer, accountant, artist, musician, writer,
teacher giving instruction or tutoring, day care of not more than
six nonresident children, dressmaking or tailor, milliner, seamstress,
barber, beautician, computer programmer, data processor, locksmith,
jeweler, photographer, word processor, secretary, and the kitchen
of a home catering or baking business, provided no commercial ovens,
stoves, refrigerators or other commercial equipment or other cooking
apparatus is installed for the conduct of the business. This listing
is exclusive and no analogous uses will be permitted. The following
are specifically determined not to be occupations included within
this definition of "home occupation:"
Automotive repair or paint shop.
Physician, dentist, chiropractor or similar health care office.
Medical or dental laboratory.
Dance studio, exercise studio or similar use.
Day-care center for the care of more than six nonresident children.
Funeral chapel or funeral home.
Gift shop.
Limousine, hearse, ambulance or taxi service.
Massage parlor.
Nursing home.
Outdoor repair or service.
Rental of any equipment or other items.
Veterinarian facility or commercial raising and care of animals.
Sale or repair of firearms (except in the C Conservation and
A Agricultural Zones as set forth hereafter).
Sale or repair of machinery or equipment.
Dog grooming (except in the C Conservation and A Agricultural
Zones as set forth hereafter).
Any business or occupation which is primarily a retail or wholesale
activity.
(b)
General standards. A home occupation conducted by a resident
on the property shall be permitted by special exception, subject to
approval by the Zoning Hearing Board in the C Conservation, A Agricultural,
R-1 Suburban Residential R-2 Neighborhood and R-3 Village Residential
Zones, provided that each of the following conditions are met. Home
occupations as defined herein may also be permitted in the VC Village
Commercial Overlay by the Zoning Officer, provided each of the following
conditions are met:
[1]
The home occupation is clearly subordinate to the dwelling,
is located on one floor only, and does not occupy more than 25% of
the floor area on any floor in which it is located, but in no case
shall the floor area devoted to the home occupation exceed 260 square
feet in measure. The home occupation shall be conducted entirely within
the principal residence on the property.
[2]
The home occupation shall not include or require any external
alteration of the structure.
[3]
No display or sign, other than a single nameplate firmly affixed
to the building with dimensions not exceeding six inches by 24 inches,
shall be permitted. No external evidence of any activity, including
but not limited to a motor vehicle which contains a notice of the
activity, shall be permitted.
[4]
To the extent that the home occupation is subject to state or
other licensure which requires a sign or notification of a size greater
than that permitted herein, the minimum-required sign shall be permitted.
Documentation on the sign shall be permitted. Documentation on the
sign requirements must be specified in the application for special
exception relief.
[5]
No facilities, equipment or materials which are dangerous or
incompatible with the residential environment on the property shall
be used.
[6]
The home occupation shall not involve the storage of supplies,
equipment, raw material or residue material outside of the structure
or in any shed or outbuilding on the property.
[7]
The home occupation shall be operated solely by an individual
having his or her primary residence at the property in question and
no employees, assistants or partners shall be used at any time in
the pursuit of the home occupation.
[8]
The home occupation operation shall not cause or permit vehicles
to be parked on any public street or thoroughfare as a direct or indirect
result of the business activity. Owners of a home occupation must
demonstrate that ample off-street parking is available to simultaneously
accommodate the parking needs of customers of the home business, visitors
to the residence, the occupants of the residence and other local residents.
[9]
The home occupation shall not emit smoke, fumes, odors, dust,
noise, vibration, glaring light, visual blight or pollution of any
kind.
[10]
No retail or wholesale goods shall be sold or
stored on the premises as a result of the home occupation activity
other than those goods commonly used in the home occupation activity
and which are clearly incidental thereto. Persons engaged in home
catering and baking businesses shall be permitted to arrange for customer
pickups of pre-ordered items, but shall not be permitted to engage
in the sale of pre-made items on a wholesale or retail basis within
the premises.
[11]
The home occupation hours of operation shall be
limited to 8:00 a.m. until 8:00 p.m., Monday through Saturday. No
operations shall be permitted on Sundays.
[12]
The home occupation shall occur only in an area
of the residence clearly defined by architectural features such as
walls, partitions, doors, etc., which are permanently affixed to the
structure. All activities involving the home occupation shall be confined
to this defined area by means of a detailed floor plan which shall
be presented to the Zoning Hearing Board at the time of appeal and
shall be made a part of the permanent record of Unity Township.
[13]
The home occupation shall not commence operations
until the Unity Township Zoning Officer has completed an on-site inspection
and issued a certificate of occupancy for the home occupation use.
[14]
No home occupation approved by the Unity Township
Zoning Hearing Board pursuant to the terms of this section shall be
changed, altered or increased in size or scope until and unless such
changes, alterations or increase in size or scope have been resubmitted
for approval to said Board, such re-approval has been granted, and
the time set by law for appeal has passed.
[15]
Any licensing requirement specified by federal,
state or local agencies as a condition of operation for certain activities
must be presented to the Unity Township Zoning Hearing Board at the
hearing on the matter, and proof of full compliance therewith must
be presented to the Unity Township Zoning Officer before an occupancy
permit is issued.
[16]
The proposed home occupation will not alter the
essential character of the neighborhood or district in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
[17]
The provisions of this subsection shall not regulate,
apply to or otherwise impair or impede the operation of a no-impact
home-based business as defined in this chapter.
[18]
Any home occupation subsequently determined to
be in regular or reoccurring violation of the terms hereof or the
terms of any additional reasonable restrictions imposed by the Zoning
Hearing Board at the time of approval shall be subject to a revocation
of any and all permits issued by the Unity Township under this provision
and the termination of the home occupation use.
(c)
A resident in the A Agricultural and C Conservation Districts may also engage in the operation of a pet grooming salon and firearm repairs in existing accessory structures on the property, where (a) the such operations are conducted entirely within such accessory structure or structures and (b) firearms are not used or discharged on the exterior of any structure. With the exception of a pet grooming salon and firearm repairs, all other home occupations permitted in Section 118-23A(22)(a) above shall be conducted within the principal structure. All other uses shall be prohibited. In addition to the general use limitations set forth above, any pet grooming salon or firearm repair business conducted as a home occupation shall comply with the following:
[1]
The home occupation shall be conducted solely within an accessory
structure on the property existing at the time of this section's enactment,
be clearly subordinate to the use of the real estate for dwelling
purposes and occupy not more than 260 square feet in area. Where a
home occupation is conducted in an outbuilding under this subsection,
no other home occupation shall be conducted or permitted within the
principal residence on the property.
[2]
The home occupation shall not include or require any external
alteration or expansion of the accessory structure.
[3]
No display or sign, other than a single nameplate firmly affixed
to the building with dimensions not exceeding six inches by 24 inches,
shall be permitted. No external evidence of the activity, including
but not limited to a motor vehicle which contains a notice of the
activity, shall be permitted.
[4]
To the extent that the home occupation is subject to state or
other licensure which requires a sign or notification of a size greater
than that permitted herein, the minimum-required sign shall be permitted.
Documentation on the sign shall be permitted. Documentation on the
sign requirements must be specified in the application for special
exception relief.
[5]
No facilities, equipment or materials which are dangerous or
incompatible with the residential environment on the property shall
be used.
[6]
The home occupation shall not involve the storage of supplies,
equipment, raw material or residue material outside of the structure
or in any other shed or outbuilding on the property.
[7]
The home occupation shall be operated solely by an individual
having his or her primary residence at the property in question and
no employees, assistants or partners shall be used at any time in
the pursuit of the home occupation.
[8]
The home occupation operation shall not cause or permit vehicles
to be parked on any public street or thoroughfare as a direct or indirect
result of the business activity. Owners of a home occupation must
demonstrate that ample off-street parking is available to simultaneously
accommodate the parking needs of customers of the home business, visitors
to the residence and other local residents.
[9]
The home occupation shall not emit smoke, fumes, odors, dust,
noise, vibration, glaring light, visual blight or pollution of any
kind.
[10]
No retail or wholesale goods shall be sold or
stored on the premises as a result of the home occupation activity
other than those goods commonly used in the home occupation activity
and which are clearly incidental thereto. Persons engaged in home
catering and baking businesses shall be permitted to arrange for customer
pickups of pre-ordered items, but shall not be permitted to engage
in the sale of pre-made items on a wholesale or retail basis within
the premises.
[11]
The home occupation hours of operation shall be
limited to 8:00 a.m. until 8:00 p.m., Monday through Saturday. No
operations shall be permitted on Sundays.
[12]
All activities involving the home occupation shall
be confined to a defined area in the accessory structure by means
of a detailed floor plan which shall be presented to the Zoning Hearing
Board at the time of appeal and shall be made a part of the permanent
record of Unity Township.
[13]
The home occupation shall not commence operations
until the Unity Township Zoning Officer has completed an on-site inspection
and issued a certificate of occupancy for the home occupation use.
[14]
No home occupation approved by the Unity Township
Zoning Hearing Board pursuant to the terms of this section shall be
changed, altered or increased in size or scope until and unless such
changes, alterations or increase in size or scope have been resubmitted
for approval to said Board, such re-approval has been granted, and
the time set by law for appeal has passed.
[15]
Any licensing requirement specified by federal,
state or local agencies as a condition of operation for certain activities
must be presented to the Unity Township Zoning Hearing Board at the
hearing on the matter, and proof of full compliance therewith must
be presented to the Unity Township Zoning Officer before an occupancy
permit is issued. Such approvals may include but not be limited to
state or federal licenses established for the business operations
being conducted on the premises. Approvals by the Pennsylvania Department
of Labor and Industry and/or any approvals required under the Pennsylvania
Uniform Construction Code for the premises must be submitted before
any building permit will issue.
[16]
The proposed home occupation will not alter the
essential character of the neighborhood or district in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare.
[17]
The provisions of this subsection shall not regulate,
apply to or otherwise impair or impede the operation of a no-impact
home-based business as defined in this chapter.
[18]
Any home occupation subsequently determined to
be in regular or reoccurring violation of the terms hereof or the
terms of any additional reasonable restrictions imposed by the Zoning
Hearing Board at the time of approval shall be subject to a revocation
of any and all permits issued by Unity Township under this provision
and the termination of the home occupation use.
[19]
In the event a new outbuilding to be constructed
on the property is permitted by the Zoning Hearing Board to house
a home occupation, such new outbuilding shall be constructed in compliance
with the setback and buffering requirements prescribed in this chapter
for nonresidential structures in the Zoning District in which the
use is located. If no such requirement exists, then the setback and
buffering requirements imposed shall be those of the Zoning District
first permitting the type of use (or nearest approximate use) for
which the home occupation is sought.
(23)
Heliports or helicopter pads. Heliports or helicopter pads shall
not be located on lots of less area than the minimum recommended by
appropriate state and federal regulatory agencies, and the landing
area shall be not less than 300 feet from any residential property.
(24)
Junkyards. In addition to the requirements of this chapter, all junkyards shall comply with the licensing, setback, dimensional and other requirements imposed upon junkyards by Chapter 72 of the Code of Unity Township and must receive an annual license issued through the Board of Supervisors of Unity Township, in addition to any conditional use approval required herein. Those regulations imposed on the operation of junkyards by Chapter 72 of the Code of Unity Township, as may be amended hereafter from time to time, including but not limited to those regulations specifically set forth in § 72-12, shall continue in full force and effect and be applicable to any junkyard business operated within the Township. The hearing on the conditional use application to operate a junkyard shall constitute the "examination of the application" referenced in § 72-5 of the Code of Unity Township relating to the Township's issuance of junkyard licenses.
(25)
Kennels. Kennels shall be completely enclosed with a chain-link
fence at least six feet high. Dogs housed outside overnight shall
be kept within a completely enclosed structure. Kennel buildings and
runs shall be at least 100 feet from any property line and the premises
shall be maintained in a sanitary manner at all times.
(26)
Light manufacturing.
(a)
All manufacturing uses shall be conducted in an enclosed building
except for parking, loading or storage. All buildings shall be of
fireproof construction to meet the requirements of state and/or national
fire codes and any building, plumbing or other codes for Unity Township
and the Commonwealth of Pennsylvania now in effect or thereafter enacted
or amended.
(b)
The property on which the use is conducted shall not exceed
three acres in size.
(c)
The site shall be developed with permanent related buildings.
No trailers or temporary modular units are permitted.
(d)
Service bays shall be designed or oriented so as to not to be
readily visible from the public right-of-way.
(27)
Manufactured homes outside of manufactured home parks and recreational
vehicles.
(a)
Individual manufactured homes may be permitted as a single family
residential dwelling if:
[1]
Same are constructed on a permanent masonry foundation comprised
of concrete block or poured concrete;
[2]
Disconnected from any chassis, wheels or other device used to
transport same;
[3]
Connected to all required utilities; and
[4]
Comply with the area, size, height and other setback regulations
for the zoning district in which they are constructed.
(b)
All manufactured homes shall meet the specifications for manufactured
homes set forth in United States Standards Institute, Standards for
Mobile Homes, USA Standard A 119.1-1969, NFPA No. 501 B-1968, and
any subsequent modification or amendment of such standards and the
Pennsylvania Uniform Construction Code.
(c)
No recreational vehicle of any size shall be permitted to be
used or occupied as a temporary or permanent residence in any zoning
district.
(d)
No recreational vehicle shall be stored or maintained along
a public road or in the front yard of a property.
(28)
Manufactured home parks. All manufactured home parks shall be designed, laid out, permitted, constructed and maintained in accordance with the terms and provisions of the Unity Township Manufactured Home Park Ordinance and Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity.
(29)
Mini-storage facility. Each mini-storage facility shall have
and comply with the following requirements:
(a)
Storage. No storage may take place outside of an enclosed storage
unit.
(b)
Water or sanitary sewer service. No storage unit shall have
water or sanitary sewer service connections.
(c)
Caretaker quarters/management office. A caretaker may reside
on a portion of the site upon which the mini-storage facility is located.
The operator of the facility may also maintain an office on the site,
provided the office is used solely and exclusively for the operation
of the mini-storage facility. Both the caretaker's residence and management
office shall have public water and public sewer service.
(d)
Access. Ingress or egress shall be from an arterial or collector
street only.
(e)
Minimum distance from face of building to face of building:
30 feet minimum.
(f)
Minimum distance from end of building to end of building: 20
feet minimum.
(g)
If individual storage units are placed back to back (i.e., with
a common back wall), the maximum width of the building housing such
back to back units shall not exceed 60 feet.
(h)
Access driveway width: 22 feet minimum.
(i)
All access driveways shall be paved with an impervious surface
and shall have a locking gate at its point of entry with a public
road.
(j)
A landscaping plan shall be submitted with the site plan showing
the site's buffer area in accordance with this chapter.
(k)
The perimeter of the property shall be securely fenced with
visually intrusive materials to obstruct the view of the storage facility
from adjoining properties.
(l)
Where the facility adjoins a property in residential use, in addition to the fence referenced above, a buffer area of natural plantings shall be maintained on the outside of the fence along the adjoining residential property's boundary line. All natural plantings shall comply with the requirements of Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity, as amended.
(m)
Lighting shall be directed inward and not interfere with the
surrounding area or distract traffic.
(n)
A fire hydrant must be provided on site with the location to
be determined by the Fire Marshall.
(o)
Other than those facilities provided for a caretaker or management
office above, all other buildings on the site shall be used for mini-storage
only and shall not be combined with any other use.
(p)
The personal storage facility shall provide a security system
to prevent or discourage criminal activity.
(q)
No hazardous materials shall be stored in any mini-storage facility
or on the premises of same.
(30)
Motels. Motels shall have a minimum a lot area of not less than
400 square feet per rental unit.
(31)
Natural resources recovery. Natural resources recovery shall
be regulated by the provisions of State Act 147 (and its subsequent
future amendments), the Surface Mining Conservation and Reclamation
Act,[5] and State Act 78 (and its future amendments), the Oil
and Gas Act[6] and shall be subject to the following requirements, where
not otherwise preempted:
(a)
Fencing. A six-foot fence shall completely enclose hazardous
portions of the fills, cuts, pits and water holes on the property
where quarry operations are underway. The fence shall be constructed
to have openings no larger than six inches.
(b)
Buffers for mining and quarrying operations. No strip mining,
stockpiles, waste piles, processing or manufacturing equipment and
no part of the open excavation or quarrying pit shall be located closer
to the following activities than:
[1]
Residential, conservation or agricultural: 500 feet.
[2]
Street: 100 feet.
[3]
Business: 200 feet.
[4]
Industrial: 100 feet.
[5]
These buffers shall apply to any existing house, principal structure
or playground except for any residence or structures located on the
property subject to the application.
(c)
All applicants shall submit a site plan showing the location
of all access roads, drilling sites, well heads, pipelines, mining
or quarrying operations or other surface disturbance activities taking
place on the site.
(d)
All applicants shall submit a grading plan and obtain a grading
permit from the Township.
(e)
All applicants shall submit a stormwater management plan and
obtain stormwater management approval from the Township.
(f)
All applicants shall comply with the Unity Township Restricted
Roadways Ordinance, where applicable, for the bonding and maintenance
of Township Roads.
(g)
Except in the case of timbering operations, the applicant shall
construct visually insulating and sound dampening barriers around
well-heads to screen any above-ground appurtenances, quarrying sites
or other above ground activities or operations from adjoining properties.
(h)
In the event Natural Resources Recovery is not permitted in
a particular zoning district, Natural Resources Recovery may still
be permitted as a Conditional Use in such district if an Applicant
can show that the Natural Resource subject to recovery was conveyed
by a severance deed or lease to the Applicant, or another person in
direct privity with the applicant, prior to the date of this chapter's
enactment.
[5]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[6]
Editor's Note: The Oil and Gas Act was repealed 2-14-2012
by P.L. 87, No. 13. See now Title 58 of Pa.C.S.A., particularly 58
Pa.C.S.A. § 3201 et seq. (Development) and 58 Pa.C.S.A. §
3301 et seq. (Local Ordinances Relating to Oil and Gas Operation).
(32)
Outdoor entertainment facilities. All outdoor entertainment
facilities shall have and comply with the following:
(a)
Such facility shall be constructed in compliance with all applicable
building and/or construction codes in effect at the time the application
is made;
(b)
If alcoholic beverages are to be sold or consumed on or within
such facility on special events or occasions, the applicant must obtain
approval from the Pennsylvania Liquor Control Board that such facility
has been approved for such purposes and provide a copy of such approval
to the Township along with any application filed with the Township.
The failure to provide such approval shall cause the application to
be rejected as administratively incomplete.
(c)
If such facility abuts a property in any residential zoning
district, the operation of such facility shall not extend past 10:00
p.m. on Sunday through Thursday evenings nor past 11:00 p.m. on Friday
and Saturday. For purposes of this paragraph, "operation" shall include
entertainment, music and the sales or consumption of food, alcoholic
or non-alcoholic beverages.
(d)
If such facility abuts a property in any residential zoning
district, the facility shall be buffered to visually insulate and
dampen sound from the facility from such adjoining property. The nature
and extent of any buffer area shall be reviewed and approved by the
Zoning Hearing Board.
(e)
Outdoor entertainment facilities which are used in or form a
part of a bar, restaurant, nightclub or other similar commercial use
are considered as an extension of the existing premises and shall
not be permitted in any area where such bar, restaurant or nightclub
is adjacent to a property in any Residential Zoning District.
(33)
Outside storage areas in commercial and industrial districts.
Outside storage areas in commercial and industrial districts (1) shall
be buffered by fencing, planting or topography so to eliminate or
minimize adverse effects on neighboring property; and (2) shall have
no waste material stored in such area. The creation of such area will
not eliminate the requirements for waste handling required in this
chapter or other ordinance of the Township applicable to same.
(34)
Public buildings and uses. Public buildings and uses, when located
in or adjacent to a residential district, shall provide proper separation
and protection for abutting residential properties.[7]
(35)
Satellite parking. Off-street parking lots which are not located
on the same lot as the principal use may be permitted provided that:
(a)
The parking lot will not be unduly intrusive and will blend
harmoniously into the neighborhood.
(b)
Such lot shall be located within 100 feet of the principal use,
shall be buffered and landscaped, and all lighting used shall be shielded
so as not to reflect on adjoining residential lots.
(c)
Traffic circulation from the parking lot shall not create a
hazardous or unsafe situation.
(d)
Reasonable safeguards are established against detrimental emission
of smoke, fumes, dust, noise or visual blight or pollution of any
kind.
(e)
The parking lot is located in a zoning district in which the
principal use is a permitted use.
(36)
Student homes. All student homes, regardless of the District
in which they are located, or whether they are occupied as a permitted,
special exception, conditional or nonconforming use, shall comply
with the following requirements:.
(a)
Not more than one building on a lot may be used as a student
home;
(b)
Both dwelling units in a two-family dwelling unit may be used
as a student home provided that the aggregate number of students occupying
both units does not exceed four. More than two units in multiple-family
dwellings on a single property may be used as a student home, provided
that not more than one student occupies each unit and the aggregate
number of students occupying all units in the multiple-family dwelling
does not exceed four; and
(c)
Such student homes must be registered with the Township through
the issuance of an annual permit, valid for a twelve-month period
extending from July 1 through June 30 each year;
(d)
The owner of a student home shall submit an application to the
Township to register their property as a student home on or before
April 30 of each year for the following twelve-month period. Such
application shall be provided by the Township;
(e)
The failure to make application for a student home on or before
May 31 in any year, or otherwise obtain a permit for the use of a
property as a student home, shall preclude the operation of the property
as a student home;
(f)
No student home shall be permitted closer than 500 feet to another
student home;
(g)
Student homes must be inspected by the Township on an annual
basis and be issued an annual occupancy permit;
(h)
Each occupied student home must be registered as a "regulated
rental unit" under the Township "Regulated Rental Unit Ordinance"
and shall comply with the terms of such ordinance; and
(i)
Student homes shall have one off-street parking space for each
student occupying such unit.
(j)
No student home shall be occupied by more than four students.
(37)
Terminals and freight terminals.
(a)
Terminals shall not be located on lots of less than five acres
suitable for such use and shall have a buffer area sufficient to insulate
same from any adjoining residential use. Access for motor freight
vehicles or busses shall be by way of streets of adequate width as
determined by the Township. In addition to adequate area within the
site for docking, manipulation and the maneuvering of motor freight
vehicles, a reservoir of parking area for cars and other personal
vehicles of employees or drivers shall be provided at the rate of
one parking space for every vehicle housed at the terminal. The number,
location and width of entrances to and exits from the site shall be
approved by the Township.
(b)
Freight terminals shall not be located on lots of less than
five acres suitable for such use and shall have a buffer area sufficient
to insulate same from any adjoining residential use. Access for motor
freight vehicles shall be by way of streets of adequate width as determined
by the Township. In addition to adequate area within the site for
docking, manipulation and the maneuvering of motor freight vehicles,
a reservoir of parking area for motor freight vehicles waiting to
be loaded or unloaded shall be provided at the rate of one parking
space for every four loading or unloading docks. The number, location
and width of entrances to and exits from the site shall be approved
by the Township.
(c)
No terminal shall be closer than 300 feet to a residential dwelling,
public or private school, day-care center, hospital, or public park,
as measured from the subject site's property line to the nearest property
line of the residence(s), school, day-care center, hospital or park
site. All vehicles parked, stored or housed on-site need to be in
operable condition, and maintain valid registration and inspection
stickers.
(d)
No repair work shall be conducted on any vehicle parked, stopped,
stored or housed on the site of any terminal or freight terminal.
(38)
Utility substations. Utility substations shall provide proper
separation and protection for abutting properties and must not engage
in routine trucking movements on local residential or substandard
streets.
(39)
Vehicular wash. All vehicular washing facilities shall comply
with the following:
(a)
All automated washing facilities shall be in a completely enclosed
building. 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
on site so that it does not flow or drain onto berms, streets or other
property.
(c)
A stacking area shall be required on the lot for automobiles
accessible to the end of the automated washing facilities. Such stacking
area shall be able to accommodate the number of vehicles equal to
the maximum hourly processing capability of the automated washing
facility. Such information shall be provided to the Township as part
of the application for the use.
(d)
An area beyond the exit end of the building housing the washing
equipment sufficiently large enough to accommodate 1/4 of the maximum
hourly processing capability provided for the aforesaid vehicular
car wash.
(e)
The facility shall be connected to public sanitary sewer facilities.
(40)
Private windmills and windmill farms.
[Amended 3-12-2020 by Ord. No. O-5-2020]
(a)
A single private windmill may be approved as an accessory structure
to a single or multifamily home, provided:
[1]
Such windmill is used principally as a source of power or energy
for the residence or other accessory structure(s) on the property;
[2]
The windmill is situate on the same lot as the principal residential
structure;
[3]
The lot containing the windmill and principal residential structure
has an area of not less than five acres;
[4]
The supporting structure of the windmill is set back at least
150 feet from any lot line;
[5]
The windmill is constructed in accordance with and permitted
under the Pennsylvania Uniform Construction Code, 34 Pa. Code, Chapters
401 through 405;
[6]
The windmill is operated and in use only between the hours of
7:00 a.m. and 10:00 p.m. on any day; and
[7]
The windmill does not exceed 45 feet in height.
(b)
Windmill farms may be approved and constructed as the principal
use on property subject to those specific requirements set forth hereafter:
[1]
The windmills are principally used to supply power or energy
to persons or facilities off the site;
[2]
The construction and location of each windmill is also authorized
by any other state of federal regulatory agency having jurisdiction,
including, but not limited to, the Federal Aviation Commission;
[3]
The applicant applies for and receives all necessary federal,
state and local building permits required for construction;
[4]
The lot containing the windmill farm does not abut a residential
zoning district;
[5]
The lot containing the windmill farm has an area of not less
than 20 acres and each windmill is located on at least three acres
of land;
[6]
The supporting structure of any windmill is set back at least
750 feet from any lot line, not less than 2,000 feet from any residential
structure and shall maintain a distance of not less than 1,500 feet
from any other windmill;
[7]
The height of any windmill within a windmill farm, including
the blades at the highest point of their rotation, shall not exceed
350 feet; and
(41)
Other uses not specifically listed as permitted, special exception
uses or conditional uses.
(a)
Uses which are not specifically listed as permitted, conditional
uses or special exceptions in any zoning district may be authorized
in the M-1, B-3 or I-AP Districts, by the Unity Township Board of
Supervisors as conditional uses.
(b)
In order to obtain a conditional use under this section, the
applicant bears the burden of establishing the following to the satisfaction
of the Board:
[1]
The proposed use must be fully consistent and in harmony with
the purpose of the district in which it will be located.
[2]
The impact of the use on the environment and adjacent streets
is equal to or less than any use specifically permitted as a permitted
or conditional use in the subject district.
[3]
In determining the impact on the environment and adjacent properties,
the Board shall consider such development characteristics as the number
of employees, the floor area of the proposed building devoted to the
proposed use, the type of products involved, the materials, equipment
or services involved, the magnitude of walk-in trade, traffic generation,
parking demand, environmental impacts, and any other information that
Board determines will aid in determining the impact of the use.
[4]
The proposed use shall comply with the expressed standards and
criteria of the zoning district in which the use is to be located
and all other requirements of this chapter and the Township subdivision
and land development regulations.
[5]
The proposed use shall be in accordance with the community development
objectives of this chapter and the Comprehensive Plan, as adopted
and amended.
(c)
Prior to the public hearing before the Township Board of Supervisors,
the applicant shall submit all studies, documents and testimony which
the applicant wishes to be considered in connection with the conditional
use application, for review and recommendation by the Township Planning
Commission.
(d)
When granting a conditional use pursuant to this section, the
Board of Supervisors may impose any reasonable conditions it believes
are necessary to ensure compliance with this chapter and the Township
subdivision and land development regulations.
(42)
Motorized vehicle raceways, trails or training facilities. All motorized
vehicle raceways, trails or training facilities shall comply with
the following requirements:
[Added 6-8-2023 by Ord. No. O-3-2023]
(a)
The use, and all facilities constructed for or associated with same,
must be conducted on property within the A-1 Agricultural Zoning District
having a minimum lot size of at least 50 acres;
[Amended 7-13-2023 by Ord. No. O-5-2023]
(b)
All structures, buildings and raceway areas must be set back not
less than 500 feet from any adjoining property line and not less than
1,000 feet from any residential dwelling;
(c)
The conduct of any race, training, operation or use on the property
shall not produce a noise level that exceeds 65 decibels at any property
line;
(d)
All activities conducted on the property shall comply with all statutes,
laws, rules or regulations of the Commonwealth applicable to same;
(e)
Off-street parking shall be supplied at the following rates:
[1]
Two spaces for every race participant; plus,
[2]
One space for every employee on peak shift; plus
[3]
One space for every two spectators based on the number of bleacher
or other fixed seating provided; and
[4]
One space for every two people anticipated to be in standing room
areas, based on normal and customary crowd sizes.
(f)
All lighting must be turned inward, away from adjoining properties
and must not shine into or upon any abutting property;
(g)
No racing or training operations shall begin before dawn or continue
after 11:00 p.m.;
(h)
The applicant must obtain special exception use approval from the
Zoning Hearing Board and comply with any additional conditions imposed;
(i)
The applicant must obtain land development plan approval from the
Board of Supervisors and comply with the terms and provisions of the
Township's Subdivision And Land Development Ordinance,[8] including, but not limited to, obtaining the approval
of the area designated for the use of the facilities and the area
used for off-street parking, on-site vehicular circulation patterns,
lighting plans and both event and daily traffic control plans.
(43)
Solar farms. All solar farms shall comply with the following requirements:
[Added 6-8-2023 by Ord. No. O-3-2023]
(a)
The use, and all facilities constructed for or associated with any
solar farm, must be conducted on property within the C-Conservation
Zoning District and/or A-Agricultural District having a minimum lot
size of at least 25 acres;
(b)
Although electricity from a solar farm may be used to supply electricity
to structures located on the property, any solar farm must be principally
designed and used to generate electricity for commercial utility-scale
solar applications;
(c)
All structures on a solar farm shall comply with all federal and/or
commonwealth statutes, laws, rules or regulations applicable to same;
(d)
All solar panels must be arranged so as not to create glare onto
adjoining properties;
(e)
No structure on any solar farm shall be located less than 100 feet
from any adjoining lot line;
(f)
The applicant must obtain special exception use approval from the
Zoning Hearing Board and comply with any additional conditions imposed;
(g)
(h)
Nothing in this section shall be deemed or construed to prohibit
a property owner from placing solar panels on existing buildings on
their property, provided the property owner makes application for
and received all required permits for same.
