A.
Uses by special exception. A ruling or formal permission to use a property in a particular way, the granting of which is a function of the Zoning Hearing Board in accordance with the provisions of Article XXXII, Enforcement and Administration, whereby the Zoning Hearing Board hears and decides requests for uses stipulated as "uses by special exception" in this chapter in accordance with explicit standards and criteria. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
B.
Conditional uses. A ruling or formal permission to use a property in a particular way, the granting of which is a function of the Board of Supervisors in accordance with the provisions of Article XXXII, Enforcement and Administration, whereby the Board of Supervisors hears and decides requests for uses, stipulated as "conditional uses" in this chapter in accordance with explicit standards and criteria. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
The following sections list minimum standards
for specified uses permitted by special exception and conditional
uses.
In the R-1 District, apartment or multifamily
dwelling developments containing not less than 200 units, the following
defined commercial accessory uses are permitted, provided that such
uses shall not include the outdoor storage of materials, equipment
or merchandise and total area devoted to such commercial use shall
not exceed 4% of the total gross floor area:
A.
A single-family dwelling unit may be converted by
allowing a second kitchen for the incorporation of one additional
dwelling unit for a family member in any residence district. For the
purposes of this section, the term "incorporation" shall mean either
completely within an existing principal building or added to an existing
principal building, provided that both dwelling units shall be attached
by a common wall, floor or ceiling and not simply by an attached breezeway
or porch and shall be contained within one building. For purposes
of this article, family members shall include and be restricted to
the following:
B.
The dwelling in question shall be owner-occupied during
the duration of the special exception which shall be renewed on an
annual basis.
C.
The additional dwelling unit shall be occupied by
a family member, no rent shall be charged and under no circumstances
shall more than two individuals occupy this unit.
D.
The additional dwelling unit shall not exceed 450
square feet of floor area, unless parts of an existing dwelling are
otherwise arranged or designed to be transformed into a larger one-bedroom
unit. The maximum floor area of the additional dwelling unit shall
not be more than 30% of the total floor area of the principal dwelling,
excluding basement area.
E.
Prior to the issuance of a zoning permit, a certificate
in the form of an affidavit to verify that the owner is in residence
and that one of the occupants of a particular dwelling unit is a family
member shall be presented to the Zoning Hearing Board. Thereafter,
the applicant shall submit such notarized affidavit to the Zoning
Officer by January 31 of each year as a requirement for the continuance
of the special exception.
F.
At such time as the owner is no longer in residence
or the approved family member is no longer an occupant of the unit,
the owner shall immediately notify the Township, and the unit shall
be returned to use as a part of the normal single-family home.
[Added 1-25-2018 by Ord.
No. 2018-01]
The conversion of an existing nonresidential structure into
multifamily residential units with the resulting units each having
independent kitchen, bath, and sleeping facilities. The intent is
to provide an alternative use for structurally sound, larger, older
buildings, which may no longer be economically viable to function
as the original use and, with internal renovations, can be converted
to multifamily units. Existing schools, churches, civic organizations,
clubs, commercial buildings and other nonresidential structures may
be converted to multifamily units when the following requirements
have been met:
B.
Off-street parking.
(2)
Off-street parking lots with three or more spaces shall be buffered
from abutting residences by hedge material placed on three-foot centers.
Alternately, a four-foot to five-foot fence may be erected which provides
a visual screen.
C.
Habitable square footage requirements:
|
Type of Unit
|
Minimum Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
450
|
|
One-bedroom
|
550
|
|
Two-bedroom
|
700
|
|
Three-bedroom
|
800
|
|
Four-bedroom
|
950
|
D.
Recreation dedication. Recreation dedication shall be completed per the requirements found in § 289-49 of the Township's Subdivision and Land Development Ordinance.
E.
Trash receptacles. Trash receptacles shall be screened so as not
to be visible from the street or abutting properties, except on scheduled
days for trash pickup. The yard and building area requirements for
the district in which the building is located must be complied with.
F.
Special exception requirements. The applicant shall prove that they
are meeting all special exception requirements above and those included
in § 325-190F2(a) through (g) of the Township's Zoning Ordinance.
(1)
The special exception application for adaptive reuse shall be
accompanied by a floor plan including the following information:
(a)
Revisions and modifications to the interior and exterior of
the existing structure(s).
(b)
Applicable information required for a special exception use.
(c)
Site and architectural plans for the adaptive reuse of said
building shall be submitted, as applicable, together with an application
for special exception, in accordance with the requirements of this
chapter.
H.
Township regulations. The proposed adaptive reuse must meet all applicable
zoning and Building Code regulations.
A.
Animal shelters are permitted under a special use
permit in the G-I District.
B.
Animal shelters shall meet the following minimum requirements:
(1)
Must meet all applicable licensing requirements of
the state.
(2)
The minimum site area shall be adequate to provide
the required parking, yards and at least one off-street emergency
loading space.
(3)
No off-street parking or loading areas will be allowed
in any required yard area, except off-street parking may be allowed
in the front yard area.
(4)
If located within 250 feet of a residential zone,
animal noises and odors shall not be detectable on adjoining property.
(5)
Any applicant desiring a crematorium must so state
in the application.
Skilled nursing facilities are allowed by special
exception in the R-1, N-C and N-C/H Districts under the following
regulations:
A.
Such uses shall be permitted only on a lot which fronts
on an arterial street unless such use is part of a T-N or F-D development
which has access to an arterial street.
B.
The facility shall comply with all licensing requirements
of the State of Pennsylvania.
C.
Service areas and facilities shall not be located
closer than 100 feet from a residential use.
D.
All living facilities must be connected to the central
facilities through internal passageways (i.e., hallways, corridors,
etc.).
Automobile service stations shall be allowed
by special exception in the Commercial Highway District subject to
the following safeguards and regulations:
A.
All accessways and service areas shall be paved with
a surfacing material as approved by the Township.
B.
Motor vehicles shall not be permitted to be parked
or to stand on sidewalk areas.
C.
Gasoline pumps and all service equipment:
(1)
Shall be set back a minimum of 30 feet from any lot
line and so located that vehicles stopped for service will not extend
over the property line.
(2)
[1]The paved area serving each gasoline pump may be counted towards the minimum parking requirements of Article XXV if said paved area adjacent to each pump meets the minimum parking space dimensional requirements for parallel parking spaces as stated in Article XXV.
[1]
Former Subsection C(2), regarding canopies over gasoline pumps,
was repealed 10-13-2022 by Ord. No. 2022-04. This ordinance also renumbered
former Subsection C(3) as Subsection C(2).
D.
Outdoor display. All merchandise, excepting vending
machines and oil racks, shall be displayed within a building.
E.
Plans shall be submitted and approved as provided in the Subdivision and Land Development Ordinance (Chapter 289).
F.
If towing service is provided for wrecked vehicles
and partially dismantled vehicles are temporarily stored at the site,
a six-foot opaque fence completely enclosing these vehicles shall
be erected. This compound shall be to the rear of the principal buildings
and must observe all yard setback requirements. The compound shall
be landscaped with shrubbery and trees to enhance its appearance and
provide additional barrier. All inoperable (inoperative) vehicles
damaged by collision, fire or in need of body work shall be stored
within this compound and not located elsewhere on the property. The
maximum limit for storage of any inoperable (inoperative) vehicle
shall not exceed 30 days.
[Amended 5-12-2022 by Ord. No. 2022-01]
A.
The structure housing the bar or nightclub shall be
located at least 300 feet from the nearest property line of land occupied
by any single-family home, school or church. Any existing premises
used as a bar or nightclub shall not be deemed a violation of these
regulations as a result of the subsequent erection of a single-family
home, school or church.
B.
The facility shall comply with all licensing requirements
and regulations of the Commonwealth of Pennsylvania.
Criteria for the establishment of a bed-and-breakfast
inn as a special exception use subject to recommendation of the Zoning
Hearing Board are listed below:
B.
Short-term overnight lodging to be provided, monthly
rentals are inappropriate and the maximum guest stay shall be limited
to seven days.
C.
Maximum of four guest rooms.
D.
Breakfast served only to overnight lodgers and shall
be the only meal provided.
E.
Parking to be provided. A minimum of one off-street
parking space per guest room, plus two spaces for the owner, located
in the side or rear yard, minimum of 20 feet from the property line.
F.
The inn must comply with local regulations regarding
all application permits, including but not limited to fire, health
and building codes.
G.
A business license must be obtained prior to opening.
H.
The remainder of the dwelling in which a bed-and-breakfast
facility is located shall be used solely by the family in permanent
residence. Bed-and-breakfast operations shall be conducted so as to
be clearly incidental and accessory to the primary use of the site
as a single-family dwelling.
Boardinghouses are allowed by special exception
in the R-1, N-C, N-C/H and M-U Districts subject to the following
regulations:
A.
A boardinghouse shall meet the minimum lot size and
other area and bulk requirements for single-family detached dwellings
of the base zoning district.
B.
The minimum off-street parking requirements shall
be determined on the basis of two spaces plus one space for each room
available for rent.
C.
If meals are to be served, the applicant shall demonstrate
compliance with all applicable food-handling requirements of the York
County Health Department.
D.
The applicant shall demonstrate that all necessary
approvals and permits from the Pennsylvania Department of Labor and
Industry have been obtained or waived. The Zoning Hearing Board may,
in the alternative, authorize approval of the special exception contingent
upon the requisite approvals from the Department of Labor and Industry
being obtained.
Bus shelters may be allowed in the G-I, B-I,
C-H, M-U, F-D N-C and N-C/H Districts and in a T-N Neighborhood Center
as a conditional use meeting the following requirements:
B.
Bus shelter must be approved by and for the use of
a municipal transportation authority.
C.
The shelters may be no larger than 5.5 feet by eight
feet and no taller than eight feet.
[Amended 4-22-2010 by Ord. No. 2010-04]
D.
No shelter shall be placed closer than 1,000 feet
to an existing shelter, unless the history of riders boarding at each
stop is greater than 30 per day.
E.
Shelters shall be constructed in accordance with Township
specifications.
F.
The shelters shall be maintained in good condition
and necessary repairs made in a timely manner.
G.
The applicant shall present proof of the property
owner's consent to the bus shelter.
I.
All shelters existing at the time of adoption of this
chapter, as shown on "Appendix A," are allowed uses.
A.
Purpose: to promote the orderly development of land
within the industrial land use districts of the Township, consisting
of land organized and laid out in accordance with an overall plan
for a community of industries, including the servicing of those industries.
Architecturally attractive building facades and landscaping are a
key component of an industrial park.
B.
Permitted uses. All uses which are permitted in the underlying zoning (B-I or G-I in Article XVI) for the industrial land use districts of the Township.
C.
Area and bulk regulations.
(1)
Lot area. Individual parcels of not less than three
acres shall be provided.
(2)
Lot width. The industrial park shall have a minimum
of 200 feet of public street frontage. There shall be no minimum public
street frontage for individual parcels within the park, although an
adequate right-of-way of access shall be provided for each parcel.
(3)
Coverage. The principal and accessory buildings, storage
yards, off-street parking lots, loading and unloading docks shall
not project into the required yard spaces as set forth below. All
open space other than parking and loading spaces and access drives
shall be covered with a vegetative material.
(4)
Yards. Yards of the following minimum setbacks shall
be provided; however, in no case shall the front, side or rear yard
depths be less than 60% of the legal right-of-way of the street or
streets on which the lot abuts:
(5)
Height. No building shall be erected to a height in
excess of 50 feet; provided, however, that this height may be increased
one foot for each additional foot that the width of each yard exceeds
the minimum required.
(6)
Internal street system. All internal streets providing
access to parcels within the park shall be a minimum of 20 feet in
width, constructed to Township specifications. These streets shall
remain private and not offered for adoption by the Township. Each
parcel shall have a minimum of fifty-foot frontage upon such a street.
There shall be no limit upon the length of a private cul-de-sac street.
(7)
Site access. The industrial park shall have a minimum
of one street access to a minor arterial or collector street. A second
access may be required by the Township Planning Commission and Board
of Supervisors. The determination for a second access shall depend
upon the number of parcels within an industrial park, potential traffic
volume, proposed internal street system and existing traffic volume
and condition of the public street used for access.
(8)
Utilities. All parcels shall be served by public water
and sanitary sewer. All utilities shall be installed underground.
In an R-R District and subject to the requirements
of the district, except as herein modified and provided:
A.
Minimum lot area: five acres.
B.
Setbacks. All campsites, permanent and temporary structures
and equipment shall be located at least 200 feet from any side or
rear property line and at least 100 feet from any street line.
C.
Each campsite shall be at least 3,000 square feet
in size and shall either provide parking space for one automobile
which will not interfere with the convenient and safe movement of
traffic, or equivalent parking shall be provided in a common parking
area.
D.
Each campsite shall abut a dust-free access drive.
The pavement width of one-way access drives shall be at least 12 feet
and the pavement width of two-way access drives shall be at least
24 feet. On-drive parallel parking shall not be permitted.
E.
Outdoor play areas shall be sufficiently screened
and insulated so as to protect neighboring properties from inappropriate
noise and other disturbances.
F.
Consideration shall be given to possible traffic volume.
If the nature of the campground is such that it will generate a high
volume of vehicular traffic, exceeding 200 vehicles per day, then
access shall be by way of an arterial or collector street as classified
on the Springettsbury Township Street Map, as amended from time to
time.
G.
Each campground must comply with all applicable requirements
of state laws and regulations.
[Added 7-26-2018 by Ord.
No. 2018-07]
A.
Casino and gambling facilities shall be permitted as a conditional
use in Springettsbury Township.
B.
In addition to the requirements of this chapter, the use shall comply
with the provisions of the Commonwealth of Pennsylvania.
C.
Parking shall be provided per § 325-114D. In addition to those spaces dedicated to the casino and gambling uses, accessory uses, including but not limited to those uses set forth in § 325-168.1J, and any other similar areas open to the public shall be parked at a rate of 50% of the minimum parking requirements for each use as established by § 325-114D.
D.
Bus area parking and circulation shall not conflict with automobile
circulation and spaces.
E.
A Type 2 buffer yard pursuant to the requirements of § 289-35 of the Subdivision and Land Development Ordinance shall be provided along all sides of a bus parking area that adjoins a street or access drive (excluding aisles) and that primarily serves the casino, except that no such buffer yard shall be required on any side of the bus parking area that is necessary to provide access to the bus parking spaces.
F.
An access plan shall be submitted for Township review and evaluation
to ensure minimized impacts of conflicts between the vehicular routes
and alignments of the facility and surrounding uses.
G.
A traffic impact study shall be completed to identify and evaluate potential patronage's vehicular patterns and demands. The study shall comply with the requirements of Chapter 289, the Subdivision and Land Development Ordinance.
H.
All activities conducted on site must adhere to the performance standards found in Article XXVIII, Performance Standards.
J.
Permitted accessory uses. The following uses are permitted accessory
uses to a casino and gambling facility and may be approved along with
the conditional use approval of the principal use:
(1)
Bar.
(2)
Restaurant, cafe and other places serving food and/or alcohol.
(3)
Off-track betting/wagering.
(4)
Boutique retail: maximum of 1,500 square feet per individual
retail use.
(5)
Personal care service: maximum of 1,500 square feet per individual
personal care service use.
(6)
Nightclub.
(7)
Recreational and entertainment facility, including live entertainment.
(8)
Theater.
(10)
Structured parking.
Cemeteries are allowed by special exception
in the R-10, R-20 and R-R Districts under the following regulations:
A.
A commercial antenna or tower shall be permitted in
the G-I or C-H Zoning District as a special exception subject to the
following:
(1)
Tower location. Towers shall be located on the site
as to provide a minimum distance equal to 110% of the height of the
tower from all property lines or shall be certified by a registered
engineer who shall submit calculations substantiating the position
of the one-hundred-and-ten-percent break point.
(2)
Foundation. The foundation shall be designed and certified
by a professional engineer.
(3)
Anchor location. All tower supports and peripheral
anchors shall be located entirely within the boundaries of the property
and in no case less than five feet from the property line.
(4)
Setbacks, accessory buildings. All accessory buildings
and structures shall conform to the setback requirements for the district
in which the use is located.
(5)
Screening. Fencing and/or screening shall be provided as required by the Subdivision and Land Development Ordinance (Chapter 289).
(6)
Access. Climbing access to the tower shall be secured
from use by unauthorized persons.
(7)
Lighting. All exterior lighting shall be directed
away from all adjacent properties.
B.
Nonconforming towers existing in zoning districts
other than G-I, M-U and C-H Districts shall not be permitted to be
expanded in height or in area. Existing nonconforming towers can be
expanded in capacity so long as this expansion can be accomplished
within existing tower dimensions and structure requirements.
A.
Applicant must secure certification with the York
Area Agency on Aging or any other official social agency.
B.
The dwelling must be inspected by the Township Fire
Chief, and the Chief shall submit a written report to the Zoning Officer
with recommendation for fire safety equipment and any necessary recommendation
to ensure adequate fire protection. A fee as established by the Board
of Supervisors shall be collected for each inspection.
C.
The maximum number of unrelated persons who are 18
years of age and above who are disabled physically, mentally or emotionally
or who are aged shall not exceed two per dwelling unit.
D.
The use/occupancy permit shall be renewed annually,
following an inspection by the Fire Chief and Zoning Officer and collection
of a fee as established by the Board of Supervisors.
[Added 3-24-2011 by Ord. No. 2011-04]
Energy conversion systems shall be permitted under a special use permit in the R-R district subject to the provisions of Energy Conversion Systems, Article XXXIV of this chapter, and the following:
A.
Energy
conversion systems as a primary use in the R-R district shall be limited
to large solar energy systems and large wind energy production facilities.
B.
Minimum
lot size for large wind energy production as a primary use in the
R-R district shall be 40 acres.
C.
Minimum
lot size for large solar energy systems as a primary use in the R-R
district shall be 25 acres.
The use and occupancy of any land, building
or structure as group quarters shall be subject to the following:
A.
Group quarters shall be permitted only as an accessory
use to and shall be located upon the same lot occupied by the principal
use of the governmental, educational, charitable or philanthropic
institution with which such quarters are associated; provided, however,
that group quarters may be located on a lot adjoining the lot occupied
by such principal use so long as the two lots have a common boundary
on a single course of not less than 100 continuous running feet.
B.
Any group quarters shall have a minimum of 350 square
feet of habitable floor area provided for each occupant.
C.
A common kitchen and dining facility shall be provided
and no cooking or dining facilities shall be provided in individual
rooms or suites. This provision is not intended to require any kitchen
and dining facilities if the affiliated institution provides them
elsewhere.
D.
All group quarters shall be connected to public water
and public sanitary sewage facilities.
E.
All group quarters shall comply with the Federal Life
Safety Code, the rules and regulations of the Pennsylvania Department
of Labor and Industry and all other applicable building, safety and
fire codes of the federal, state or local government.
F.
Off-street parking shall be provided for all group
quarters based upon one parking space for each occupant and staff
member.
A home occupation shall be permitted by special
exception in any residential district subject to the following:
A.
The incidental sale of products actually grown on
the premises shall be permitted in season but shall not involve signs
off the premises nor sales of products grown or produced at any other
location.
B.
The sale of goods produced, fabricated or prepared
as a result of the home occupation shall not be permitted on any residential
premises as a part of the home occupation activity. Any sale of goods
shall be conducted in an appropriate commercial setting or delivered
to customers off site.
C.
Delivery of materials to and from the premises shall
not involve the use of vehicles over two-ton capacity except for parcel
post or united parcel-type service trucks. Activities involving more
than two separate deliveries five or more days per week to or from
the premises shall not be permitted in any residential area.
D.
Persons engaged in a permitted home occupation shall
be limited to members of the household residing on the premises.
E.
No electrical or mechanical equipment that would change
the fire rating of the structure or create visible or audible interference
in radio or television receivers or cause fluctuations in line voltage
outside the dwelling unit shall be employed.
F.
No quantity of firearms, gunpowder, fireworks, rockets,
projectiles or similar explosives shall be allowed.
G.
Barbershops or beauty shops and any activity meeting
the definition of business service in this article shall not be allowed.
H.
Automobile and vehicle painting and repair, furniture
refinishing or any activity utilizing paint, thinners or chemicals
of a flammable and/or combustible nature shall not be allowed. This
shall not prohibit handpainting of arts and crafts-type items.
I.
A home occupation is not transferable to subsequent
occupants of a residence and it cannot be transferred to a new residence.
A home occupation shall cease to be valid at anytime an active business
license is not maintained.
J.
A home occupation shall be carried on wholly within
the principal building and shall occupy no more than 20% of the total
floor area. No home occupation nor any storage of goods, materials
or products connected with a home occupation shall be allowed in an
accessory building or a garage, attached or detached. Activities requiring
such storage shall not be considered to be a home occupation.
K.
There shall be no demand for parking beyond that which
is normal to the neighborhood and no visual or excessive traffic to
and from the premises. In no case shall the home occupation cause
more than two additional vehicles to be parked on or near the premises.
Hotels and motels are a use by special exception
in the M-U District subject to the following development regulations.
A.
A site to be used for a hotel or motel establishment
shall include an office and lobby and may include such accessory uses
as:
B.
The minimum lot area shall be one acre, and the minimum
lot width shall be 150 feet.
C.
Maximum building footprint: 75,000 square feet.
D.
The maximum height of any building shall be 100 feet.
E.
Distance between buildings shall not be less than
25 feet.
F.
All principal and accessory buildings and structures
shall cover a total of not more than:
G.
The total interior floor area of each guest room,
inclusive of bathroom and closet space, shall be not less than 250
square feet.
H.
Building setbacks. Building setbacks of the following
minimum and maximum depths shall be provided. No merchandise, produce
or display items shall be located within any yard area.
(1)
Minimum front setback: 25 feet.
(2)
Maximum front setback: 50 feet.
(3)
Minimum side building setback: 10 feet.
(4)
Minimum rear setback: 30 feet.
(5)
Minimum rear and side setbacks for development adjacent
to a residential district: 30 feet for structures up to 15 feet tall,
plus 10 feet for each additional 10 feet or story in height.
I.
Access shall only be by a major or minor arterial
street and points of vehicular ingress and egress shall be limited
to a total of one on any street. Off-street parking shall be provided
as follows:
(1)
At least one automobile parking space, carport or
garage shall be provided on the site for each guest room and shall
be located within 150 feet from the guest room it serves.
(2)
For restaurants, coffee shops or cafeterias, at least
one automobile parking space shall be provided for every 100 square
feet of floor area devoted to patron use and one additional space
shall be provided for each employee.
(3)
All parking areas shall be at least 25 feet from all
street lines. All parking areas serving a restaurant, cafeteria or
coffee shop or dining hall shall be at least 30 feet from all guest
rooms.
[Added 4-22-2010 by Ord. No. 2010-04]
A house of worship, as defined in this chapter, shall be permitted
by special exception in the R-R Zone subject to the following:
A.
Shall be permitted in the R-R Districts with a minimum
lot size of five acres.
B.
Adequate off-street parking shall be required.
C.
One sign shall be permitted: two square feet in area
located a minimum of 20 feet from the street right-of-way.
D.
All areas used for exercise shall be securely fenced.
E.
All animals shall be within a completely enclosed
building which shall be a minimum of 200 feet from any property line.
F.
Animals shall be permitted to exercise daily between
the hours of 8:00 a.m. and 8:00 p.m. All outdoor exercise areas shall
be 200 feet from any property line.
[Added 4-22-2010 by Ord. No. 2010-04]
A library shall be permitted by special exception in the R-R
Zone subject to the following:
A.
Mini storage shall be a special exception use in the
C-H District.
B.
Lot size shall not exceed 2 1/2 acres.
D.
An outside storage area shall be provided on the interior
of the parcel, arranged so that the storage units back onto this area
effectively screening it from view. This is the only outside area
where storage of any equipment, including but not limited to automobiles,
vans, recreational vehicles, boats and trucks or any other materials
can be stored. Access to this storage area shall be designed to avoid
direct sight into the area from abutting properties and from adjacent
streets.
E.
All machinery, tanks or other apparatus relying upon
combustible fuels shall be stored only in the external storage area.
This area shall be the only outside area where vehicles, trailers
and boats can be stored.
F.
Fencing provided shall be in accordance with this
chapter.
G.
No advertising signs will be permitted on the property
other than identifying signs for the mini storage facility itself
in accordance with this chapter.
H.
One small office for the exclusive use of the mini
storage facility operations and management shall be permitted.
I.
All lighting shall be shielded to direct light onto
the storage units and away from adjacent property and streets.
J.
Parking shall be provided by parking/driving lanes adjacent to the buildings of sufficient width to provide adequate room for simultaneous loading and passage. As stated in Subsection E above, required parking spaces may not be rented as, or used for, vehicle storage. Any vehicles parked in the parking/driving lanes in excess of 24 hours will be in violation of this article.
K.
The following uses are strictly prohibited:
(2)
Establishment of a transfer business.
(3)
Vehicle or trailer rental services.
(4)
Repair, construction, reconstruction or fabrication
of any item, including but not limited to any boat, engine, motor
vehicle or furniture.
(5)
Auctions, wholesale or retail sales (including garage
sales); provided, however, that accessory retail sales of boxes, packing
supplies, tape, packaging materials, or other products customarily
sold in connection with a self -storage facility shall be permitted
in the manager's office.
[Amended 2-27-2020 by Ord. No. 2020-01]
(6)
Bulk storage of gasoline, diesel fuel, paint, paint
remover and all other flammable, combustible, explosive or hazardous
materials and chemicals. Nothing in this section is meant to prohibit
the storage of motor vehicles or equipment that contain a normal supply
of such fuels for their operation.
(7)
The operation of power tools, spray-painting equipment
or any other use that is noxious because of odors, dust fumes, vibrations
or emissions, except as necessary to maintain the premises.
(8)
Telephone service to individual units, although phone
service to the facility office and pay phones within the facility
are permitted.
(9)
Accessory buildings and/or uses not incidental to
operation of the facility.
The Zoning Hearing Board may authorize as a
special exception in General Industrial Districts the excavation and
sale of sand, gravel, clay, shale or other natural mineral deposits,
or the quarrying of any kind of rock formation, subject to the performance
standards of this article and the following conditions:
A.
In the case of any open excavation, there shall be
a fence or wall completely enclosing the portion of the property in
which the excavation is located, said fence or wall shall be not less
than eight feet in height and shall be so constructed as to have openings
no larger than six inches.
B.
No top of the slope or quarry wall shall be nearer
than 100 feet to any property line or street line.
C.
No rock crusher, cement plant or other crushing, grinding,
polishing or cutting machinery or other physical or chemical process
for treating such products shall be permitted.
D.
A plan for reclamation of the site shall be submitted
for review by the Planning Commission. Such plan shall take into consideration
the following:
Private and public country clubs shall be allowed
by special exception in the R-10, R-20 and R-R Districts subject to
the following regulations:
A public or private school, as it is defined
in this chapter, shall be permitted by special exception in the R-R
Zone subject to the following:
A.
Area, width and bulk requirements.
[Amended 4-22-2010 by Ord. No. 2010-04]
(2)
Maximum
building height: 35 feet.
(3)
Maximum
percentage of lot coverage: 25%.
(4)
Minimum
lot size with public water and public sewer: five acres.
(5)
Minimum
street frontage with public water and public sewer: 175 feet.
(6)
Minimum
lot size without public water and public sewer: not permitted.
B.
Transportation access: Any school must be located
on a street designated as an arterial or collector in the Springettsbury
Township street classification network.
C.
All courses of instruction must, as a general rule,
be conducted within the school building. Infrequent instruction in
a discipline normally conducted or operated out of doors will be permitted
so long as the remaining criteria of this section are complied with.
D.
No course of instruction, whether conducted inside
or outside the school building, shall produce or result in any noise,
unreasonable sound or offensive odor discernible beyond the property
line.
E.
No instructional material, equipment or supplies shall
be stored or, when not in use, be allowed to remain outside the school
building.
G.
The school building shall comply in all respects to
state, federal and local health, safety and building codes.
A.
Shall be permitted in the R-R Districts with a minimum
lot size of five acres
B.
Adequate off-street parking shall be provided.
C.
All animals, except while exercising or pasturing,
shall be confined in a building erected or maintained for that purpose.
D.
The building required by Subsection C hereof shall not be erected or maintained within 200 feet of any lot line.
E.
All areas used for exercising and pasturing shall
be securely fenced.
F.
The accumulation and storage of manure or other odor-producing
substances shall not be permitted.
A.
Shall be permitted as a special exception use in a
G-I District.
B.
Minimum of thirty-acre parcel.
C.
An eight-foot opaque fence shall enclose the storage
yard and any equipment or structure.
D.
The contents of the junkyard shall not be placed or
deposited to a height greater than the eight-foot fence.
E.
An annual inspection by the Zoning Officer and collection
of a fee as established by the Board of Supervisors shall be conducted
for each site.
A.
Purpose and findings; interpretation.
(1)
Pursuant to the authority granted in the Municipalities
Planning Code to promote the health, safety, morals and general welfare
of the inhabitants of Springettsbury Township by providing adequate
lighting and parking, preventing the overcrowding of land, conserving
the value of buildings and encouraging the most appropriate use of
land, the purpose of this section is to regulate the location and
places of adult facilities, including adult bookstores, adult cabarets
and adult theaters, thereby controlling and minimizing the adverse
effects of those sexually oriented businesses and thereby protecting
the health, safety and welfare of its citizens, protecting the citizens'
property values and the character of surrounding neighborhoods and
deterring the spread of blight. Springettsbury Township does not intend
this section to suppress any speech activities protected by the First
Amendment but to enact a content-neutral ordinance which addresses
the secondary effects of sexually oriented businesses. It is not the
intent of the Township in enacting this legislation to deny any person
rights of speech protected by the Constitution of the United States
or the Constitution of the Commonwealth of Pennsylvania, or both,
nor is it the intent of the Township to impose any additional limitations
or restrictions on the contents of any communicative materials, including
sexually oriented films, videotapes, books or other materials. Further,
by enacting this legislation the Township does not intend to deny
or restrict the rights of any adult to obtain or view, or both, any
sexually oriented materials or conduct protected by the Constitution
of the United States or the Constitution of the Commonwealth of Pennsylvania,
or both, nor does it intend to restrict or deny any constitutionally
protected rights that distributors or exhibitors of sexually oriented
materials have to sell, distribute or exhibit these materials.
(2)
The Springettsbury Board of Supervisors finds as follows:
(a)
Law enforcement personnel have determined, and
statistics and studies performed in a substantial number of communities
in this commonwealth and in the United States indicate, that sexually
oriented businesses have adverse secondary effects, which secondary
effects should be regulated to protect the public health, safety and
welfare. These secondary effects include, but are not limited to,
the spread of communicable diseases, performance of sexual acts in
public places, presence of discarded sexually oriented materials on
public and private property, sexual harassment, obscenity, prostitution
and other illegal sexual activities, crime, decreased property values
and neighborhood deterioration.
(b)
Based on evidence concerning the adverse secondary
effects of adult uses on the community in findings incorporated in
the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41
(1986); Young v. Amer. Mini Theatres, 426 U.S. 41 (1976); and Barnes
v. Glen Theatre, Inc., 501 U.S. 560 (1991) and on other information
available to the Township, the Township finds as follows:
[1]
Sexually oriented businesses lend themselves
to ancillary unlawful and unhealthy activities that are presently
uncontrolled by the operators of the establishments.
[2]
Certain employees of adult cabarets engage in
higher incidence of certain types of illicit sexual behavior than
employees of other establishments.
[3]
Sexual acts, including masturbation and oral
and anal sex, occur at sexually oriented businesses, especially those
which provide private or semiprivate booths or cubicles for viewing
films, videos or live sex shows. Furthermore, adult bookstores tend
to attract customers who engage in unprotected, high-risk sexual activities.
[4]
Persons frequent certain adult theaters and
other sexually oriented businesses for the purpose of engaging in
sexual activities within the premises of such sexually oriented businesses.
[5]
At least 50 communicable diseases may be spread
by activities occurring in sexually oriented businesses, including
but not limited to syphilis, gonorrhea, human immunodeficiency virus
infection (HIV-AIDS), genital herpes, Hepatitis B, Non A, Non B, amebiasis,
salmonella infections and shigella infections.
[6]
The Surgeon General of the United States in
his report of October 22, 1986, has advised the American public that
AIDS and HIV infection may be transmitted through sexual contact,
intravenous drug abuse, exposure to infected blood and blood components
and from an infected mother to her newborn child.
[7]
According to the best scientific evidence, AIDS
and HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
[8]
Numerous studies have indicated that sexually
oriented businesses have a substantial negative impact on property
values and cause neighborhood blight.
[9]
The findings noted in Subsection A(2)(b)[1] through [8] raise substantial governmental concerns.
(c)
Sexually oriented businesses have adverse secondary
effects, which secondary effects should be regulated through zoning
to protect the public health, safety and welfare.
(d)
The general welfare, health and safety of the
citizens of the Township will be promoted by the enactment of this
section.
(3)
In interpreting and applying the provisions of this
section, they shall be held to be the minimum requirements for the
promotion of the public health, safety, comforts, convenience and
general welfare of Springettsbury Township citizens. Where the provisions
of any statute, other ordinance or regulations impose greater restrictions
than this section, the provisions of such statute, other ordinance
or regulation shall be controlling. Where the provisions of this section
impose greater restrictions than those of any statute, other ordinance
or regulation, the provisions of this section shall be controlling
to the extent allowed by law. However, in no case shall the provisions
of this section be interpreted in such a manner as to violate the
United States Constitution or the Constitution of the Commonwealth
of Pennsylvania.
B.
Adult bookstores. In a Commercial Highway District
and subject to the requirements of the Zone herein modified:
(1)
All lot lines of any lot upon which an adult bookstore
is to be located shall be more than 1,000 feet from any lot line of
any lot upon which is located another sexually oriented business.
(2)
All lot lines of any lot upon which an adult bookstore
is to be located shall be more than 1,000 feet from any lot line of
any lot upon which is located a public or private school, park or
playground, child day-care center, child day-care home, house of worship
or residence and any boundary line of any residential zoning district,
including R-1, R-7, R-10, R-20 and R-R.
(4)
No materials, merchandise, film or service offered
for sale, rent, lease, loan or for view shall be exhibited, displayed
or graphically represented outside of a building or structure.
(5)
Any building or structure used and occupied as a sexually
oriented business shall be windowless or have an opaque covering over
all windows or doors of any area in which materials, merchandise,
film, service or entertainment are exhibited or displayed and no sale
materials, merchandise, film or offered items of service or entertainment
shall be visible from outside the structure.
(6)
No sign shall be erected upon the premises depicting
or giving a visual representation of the type of materials, merchandise,
film, service or entertainment offered therein.
(7)
Each and every entrance to the structure shall be
posted with a notice of at least four square feet that the use is
an adult bookstore, that persons under the age of 18 are not permitted
to enter and warning all others that they may be offended upon entry.
This sign shall not count towards the business's allocated sign allotment.
(8)
The sexually oriented business building and parking
areas shall be sufficiently lit so as to deter illegal and illicit
conduct, which lighting shall be a minimum of two footcandles at every
point on the site, as measured at the surface of the ground. All such
light shall be shielded to direct light onto the sexually oriented
business and its parking areas and away from adjacent properties and
streets. Either this provision or the requirement under the Subdivision
and Land Development Ordinance shall apply, whichever is stricter.
(9)
All applicable Township licensing requirements must
be met.
C.
Adult cabarets. In a Commercial Highway District and
subject to the requirements of the Zone as herein modified:
(1)
All lot lines of any lot upon which an adult cabaret
is to be located shall be more than 1,000 feet from any lot line of
any lot upon which is located another adult cabaret or an adult theater
or adult bookstore.
(2)
All lot lines of any lot upon which an adult cabaret
is to be located shall be more than 1,000 feet from any lot line of
any lot upon which is located a public or private school, park or
playground, child day-care center, child day-care home, house of worship
or residence and any boundary line of any residential zoning district,
including R-1, R-7, R-10, R-20 and R-R.
(4)
No materials, merchandise, film or service offered
for sale, rent, lease, loan or for view shall be exhibited, displayed
or graphically represented outside of a building or structure.
(5)
Any building or structure used and occupied as an
adult cabaret shall be windowless or have an opaque covering over
all windows or doors of any area in which materials, merchandise,
film, service or entertainment are exhibited or displayed and no sale
materials, merchandise, film or offered items of service or entertainment
shall be visible from outside the structure.
(6)
No sign shall be erected upon the premises depicting
or giving a visual representation of the type of materials, merchandise,
film, service or entertainment offered therein.
(7)
Each and every entrance to the structure shall be
posted with a notice of at least four square feet that the use is
an adult cabaret, that persons under the age of 18 are not permitted
to enter and warning all others that they may be offended upon entry.
(8)
Parking shall be established at the minimum ratio
of one parking space for every two seats or one parking space for
every 100 square feet of gross floor area and one space for every
two employees, whichever is greater.
(9)
The adult cabaret building and parking areas shall
be sufficiently lit so as to deter illegal and illicit conduct, which
lighting shall be a minimum of two footcandles at every point on the
site, as measured at the surface of the ground. All such light shall
be shielded to direct light onto the cabaret and its parking areas
and away from adjacent properties and streets. All applicable Township
licensing requirements must be met.
D.
Adult theaters. In a Commercial Highway District and
subject to the requirements of the Zone as herein modified:
(1)
All lot lines of any lot upon which an adult theater
is to be located shall be more than 1,000 feet from any lot line of
any lot upon which is located another adult theater or an adult cabaret
or adult bookstore.
(2)
All lot lines of any lot upon which an adult theater
is to be located shall be more than 1,000 feet from any lot line of
any lot upon which is located a public or private school, parks or
playgrounds, child day-care center, child day-care home, house of
worship or residence and any boundary line of any residential zoning
district, including R-1, R-7, R-10, R-20 and R-R.
(4)
No materials, merchandise, film or service offered
for sale, rent, lease, loan or for view shall be exhibited, displayed
or graphically represented outside of a building or structure.
(5)
Any building or structure used and occupied as an
adult theater shall be windowless or have an opaque covering over
all windows or doors of any area in which materials, merchandise,
film, service or entertainment are exhibited or displayed and no sale
materials, merchandise, film or offered items of service or entertainment
shall be visible from outside the structure.
(6)
No sign shall be erected upon the premises depicting
or giving a visual representation of the type of materials, merchandise,
film, service or entertainment offered therein.
(7)
Each and every entrance to the structure shall be
posted with a notice of at least four square feet that the use is
an adult theater, that persons under the age of 18 are not permitted
to enter and warning all others that they may be offended upon entry.
(8)
Parking shall be established at a minimum ratio of
one parking space for every three seats or, if included in a shopping
center with at least 200 other parking spaces, one parking space for
every six seats.
(9)
The adult theater building and parking areas shall
be sufficiently lit so as to deter illegal and illicit conduct, which
lighting shall be a minimum of two footcandles at every point on the
site, as measured at the surface of the ground. All such light shall
be shielded to direct light onto the theater and its parking areas
and away from adjacent properties and streets.
(10)
All applicable Township licensing requirements
must be met.
Skilled nursing facilities are allowed by special
exception in the R-1, N-C and N-C/H Districts, under the following
regulations:
A.
Such uses shall be permitted only on a lot which fronts
on an arterial street unless such use is part of an F-D development
which has access to an arterial street.
B.
The facility shall comply with all licensing requirements
of the State of Pennsylvania.
C.
Rooms or suites may be designed for housekeeping purposes;
however, a central kitchen, central dining facilities, and central
recreational facilities shall be provided.
D.
Service areas and facilities shall not be located
closer than 100 feet from a residential use.
E.
Twenty-four-hour staff shall be required.
F.
All living facilities must be connected to the central
facilities through internal passageways (i.e., hallways, corridors,
etc.)
Facilities for the disposal of Township or residual
solid waste as permitted by special exception in the G-I District
shall, in addition to all of the requirements of this article, be
subject to the following:
A.
Such municipal or residual solid waste disposal facility,
whether a landfill, incinerator, resource recovery or any other system,
shall be owned and operated only by a political subdivision of the
Commonwealth of Pennsylvania.
B.
Such facility shall provide for the disposal only
of municipal or residual solid waste as defined in the Municipal Waste
Planning, Recycling and Waste Reduction Act, Act 101 of 1988, and
25 Pa. Code, Chapters 271, 273, 275, 277, 279, 281, 283 and 285, as
amended, supplemented or revised.
C.
If a landfill, no solid waste shall be deposited,
either temporarily or permanently, within 300 feet of the property
line of any adjoining property or within 300 feet of the street right-of-way
line of any public highway. If an incinerator, resource recovery or
other such facility, no such storage or disposal structure shall be
located within 300 feet of such property line or any public highway.
D.
If a landfill, no solid waste shall be deposited,
either temporarily or permanently, within 1,000 feet of any dwelling,
church, school or any other building used for human occupancy at any
time or from time to time, or within 1,000 feet of any residentially
zoned property. If an incinerator, resource recovery or other such
facility, no storage or disposal structure shall be located within
1,000 feet of such structures or within 1,000 feet of any residentially
zoned property.
E.
If a landfill, no solid waste shall be deposited,
either temporarily or permanently, within 1,000 feet of any river,
stream, creek or tributary thereof or within 1,000 feet of any wetland
meeting the definitions of Pennsylvania DEP, the U.S. Army Corps of
Engineers, the U.S. Soil Conservation Service or the U.S. Fish and
Wildlife Service.
F.
Direct access to the sites shall be available from
a highway having a functional classification of major arterial or
greater capacity as set forth in the Springettsbury Township Roadway
Classification Maps, as amended from time to time.
G.
If a landfill, during such time as any excavation
shall be open and used for the disposal of solid waste, the site of
the excavation shall be enclosed with a chain link fence or other
structure adequate to contain windblown litter and to secure the site
against intrusion by unauthorized personnel.
H.
If an incinerator, resource recovery or other such
facility, all storage of solid waste awaiting disposal shall be within
a fully enclosed building and no outside storage shall be permitted
at any time.
I.
The development plan for the site shall address and comply with all requirements of the Springettsbury Township Subdivision and Land Development Ordinance (Chapter 289) to the extent that the same shall not conflict or be inconsistent with or have been preempted by the Solid Waste Management Act and the regulations of the Department of Environmental Protection adopted pursuant thereto.
J.
No use and occupancy permit shall be issued for a
solid waste disposal facility until the operator shall have submitted
to the Zoning Officer proof that the facility complies with the regulations
of the Department of Environmental Protection and has been permitted,
in writing, by said agency
Condominium-type development and subdivision shall be permitted for shopping centers, malls and shopping plazas by special exception in the M-U District per subdivision and land development procedures (Chapter 289), subject to the following:
A.
Development and/or conversion approval shall follow the procedures and requirements of this article and also the Subdivision and Land Development Ordinance (Chapter 289). The approved documents and plans shall be recorded with the York County Recorder of Deeds.
B.
All public streets shall be constructed to Township
specifications. Adequate access for each parcel, including a minimum
right-of-way of 25 feet in width which may be jointly used, shall
be provided. Driveway widths and locations identified by concrete
curbing and entrance signs and lights, as recommended by the Township
Engineer, shall be provided.
C.
A copy of the maintenance agreement for all jointly
owned facilities shall be submitted to the Township for review. This
agreement shall clearly state the maintenance responsibilities of
the parties for all jointly owned property. Specific mention shall
be given to the Township-required improvements, including parking
lots, driveways, curbs, sidewalks, stormwater facilities, lawns and
landscaped areas.
D.
No minimum area shall be required for each parcel,
except the total area of all parcels combined shall not be less than
three acres. The combined public street frontage for all parcels shall
not be less than 100 feet in width.
E.
No additional business signs shall be permitted as
a result of this subdivision and the group of stores shall remain
as one unit per allowable signs of shopping center.
[Added 1-10-2019 by Ord.
No. 2019-01]
A research and testing laboratory may be conducted as an accessory
use to a principal general office or professional office use under
this section, as designated in this section, subject to compliance
with the following requirements:
A.
The lot or parcel on which the principal use and accessory use are
conducted shall not be less than three acres.
C.
The research and testing laboratory accessory use shall be conducted
on the same lot or parcel as the principal use.
D.
The accessory use shall not cause to be disposed of in the Township's
sanitary sewer system any toxic or hazardous substances.
E.
No products or materials on the property for purposes of testing
shall be stored outside.
F.
The accessory use shall comply in all respects with the requirements of Article XXVIII of the Zoning Ordinance, pertaining to performance standards.
H.
The use or storage of a hazardous substance, as defined in this section,
is permitted only in the General Industrial Zoning District.
