A.
The criteria for conditional uses and special exceptions
are listed below. The Board of Supervisors or the Zoning Hearing Board
(as the case may be), in granting conditional uses and special exceptions,
are charged with considering the effect that such proposed uses will
have upon the immediate neighborhood. The preservation and integrity
of existing development must be carefully weighed and given priority
in each decision. In granting a conditional use or a special exception,
the Supervisors or the Zoning Hearing Board (as the case may be) may
attach reasonable conditions and safeguards, in addition to those
expressed in this chapter, as they may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Applications for conditional uses and special exceptions
shall be made to the Zoning Administrator. Conditional uses shall
be granted or denied by the Board of Township Supervisors after the
recommendation of the Township Planning Commission. Special exceptions
shall be granted or denied by the Zoning Hearing Board. Procedures
for both shall follow those specified in this chapter and the Planning
Code.
C.
Table 200-20 summarizes standards for conditional
uses. Additional standards are listed in subsequent sections. Times
listed under operating restrictions represent the maximum hours the
use may be conducted.[2]
Table 200-20
RA Residential Agricultural District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffers (see § 200-58)
|
Other Restrictions
|
Category
| |
Specialized animal raising and care
|
4 acres
|
Type 1
|
See § 200-40
|
Conditional use
| |
Mineral excavation
|
Oil and gas drilling 2 acres; all other 25 acres
|
Oil and gas none; all others Type I
|
7:00 a.m. — 7:00 p.m. (see § 200-36)
|
Conditional use
| |
Sawmills
|
10 acres
|
None required
|
7:00 a.m. — 7:00 p.m. (see § 200-31)
|
Conditional use
| |
Service/repair businesses
|
5 acres
|
Type II
|
7:00 a.m. — 7:00 p.m. (see § 200-27)
|
Conditional use
| |
Cemeteries
|
5 acres
|
None
|
See § 200-37
|
Conditional use
| |
Communication towers
|
1 acre
|
Type II
|
See § 200-22
|
Conditional use
| |
Personal care homes
|
2 acres
|
None
|
See § 200-28
|
Conditional use
| |
Mini-storage facilities
|
5 acres
|
None
|
7:00 a.m. — 7:00 p. m. (see § 200-32)
|
Conditional use
| |
Home-/farm-based manufacturing
|
5 acres
|
None
|
7:00 a.m. — 7:00 p.m. (see § 200-41)
|
Conditional use
| |
Recreation campground (in certain areas see § 200-23)
|
10 acres
|
None
|
See § 200-23
|
Conditional use
| |
Indoor private clubs
|
10 acres
|
None
|
See § 200-47
|
Conditional use
| |
Home occupations
|
See § 200-48
|
Conditional use
| |||
Practice tracks
|
See § 200-49
|
Conditional use
|
A-1 Agricultural District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffers (see § 200-58)
|
Other Restrictions
|
Category
| |
Specialized animal raising and care
|
4 acres
|
Type I
|
See § 200-40
|
Conditional use
| |
Sawmills
|
10 acres
|
Type I
|
7:00 a.m. — 7:00 p.m. (see § 200-31)
|
Conditional use
| |
Service/repair businesses
|
5 acres
|
Type II
|
7:00 a.m. — 7:00 p.m. (see § 200-27)
|
Conditional use
| |
Personal care homes
|
2 acres
|
None
|
See § 200-28
|
Conditional use
| |
Mini-storage facilities
|
5 acres
|
None
|
7:00 a.m. — 7:00 p. m. (see § 200-32)
|
Conditional use
| |
Home-/farm-based manufacturing
|
5 acres
|
None
|
7:00 a.m. — 7:00 p.m. (see § 200-41)
|
Conditional use
| |
Mineral excavation/gas and oil drilling
|
20 acres gas and oil; 10 acres minimum
|
None
|
See § 200-36
|
Conditional use
| |
Recreational campground (in certain areas see § 200-23)
|
10 acres
|
None
|
See § 200-23
|
Conditional use
| |
Home occupations
|
See § 200-48
|
Conditional use
|
R-1 Residential District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffering (see § 200-58)
|
Operating Restrictions
|
Category
| |
Personal care homes
|
1 acre
|
None
|
See § 200-28
|
Conditional use
| |
Nursing homes
|
2 acres
|
None
|
See § 200-21
|
Conditional use
| |
Day-care centers
|
1 acre
|
None
|
See § 200-29
|
Conditional use
| |
Public schools
|
3 acres
|
None
|
See § 200-21
|
Conditional use
| |
Home occupations
|
Per single-family
|
None
|
See § 200-48
|
Conditional use
| |
Limited retail businesses
|
5 acres
|
None
|
7:00 a.m. — 7:00 p.m.
|
Conditional use
| |
Home-/farm-based manufacturing
|
5 acres
|
None
|
7:00 a.m. — 7:00 p.m.
|
Conditional use
| |
Mini-storage facilities
|
5 acres
|
See § 200-32
|
7:00 a.m. — 7:00 p.m.
|
Conditional use
|
R-2 Residential District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffering (see § 200-58)
|
Operating Restrictions
|
Category
| |
Recreational campgrounds
|
5 acres
|
Type 1
|
See § 200-23
|
Conditional use
| |
Two-family dwellings
|
1 acre
|
None
|
No others
|
Conditional use
| |
Limited retail businesses
|
1 acre
|
None
|
See § 200-24
|
Conditional use
| |
Bed-and-breakfasst
|
Same as single-family dwelling
|
None
|
See § 200-30
|
Conditional use
| |
Planned residential development
|
25 acres
|
See Article VI
|
See Article VI
|
Conditional use
| |
Home occupations
|
See § 200-48
|
Conditional use
| |||
Mini-storage facilities
|
5 acres
|
See § 200-32
|
7:00 a.m. — 7:00 p.m.
|
Conditional use
|
R-3 Residential District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffering (see § 200-58)
|
Operating Restrictions
|
Category
| |
Multiple-family dwellings (greater than 4 dwelling
units per building)
|
See Table
|
Type I
|
See § 200-38
|
Conditional use
| |
Mobile home parks
|
10 acres
|
Type I
|
See § 200-39
|
Conditional use
| |
Planned residential development
|
25 acres
|
See Article VI
|
See Article VI
|
Conditional use
|
C-1 Commercial District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffering (see § 200-58)
|
Operating Restrictions
|
Category
| |
Retail businesses 20,000 square feet shopping
centers
|
2 acres
|
Type III
|
See § 200-44
|
Conditional use
| |
Service stations/ convenience stores
|
1 acre
|
Type I
|
See § 200-27
|
Conditional use
| |
Multiple-family dwellings
|
2 acres
|
Type I
|
See § 200-38; maximum building size 12,000 square feet
|
Conditional use
| |
Light manufacturing
|
2 acres
|
Type II
|
See § 200-45
|
Conditional use
| |
Flea markets
|
5 acres
|
Type I
|
See § 200-46
|
Conditional use
| |
Supply yards
|
2 acres
|
Type II
|
See § 200-34
|
Conditional use
|
LB Limited Business District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffering (see § 200-58)
|
Operating Restrictions
|
Category
| |
Multiple-family dwellings
|
2 acres
|
Type I
|
See § 200-38; maximum building size 12,000 square feet
|
Conditional use
| |
Light manufacturing
|
2 acres
|
Type I
|
See § 200-45
|
Conditional use
|
I-1 Light Industrial District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffering (see § 200-58)
|
Operating Restrictions
|
Category
| |
Supply yards (§ 200-34)
|
3 acres
|
Type II
|
See § 200-34
|
Conditional use
| |
Communication towers (§ 200-22)
|
1 acre
|
Type II
|
See § 200-22
|
Conditional use
| |
Wholesale trade, truck terminals, and warehousing (§ 200-25)
|
3 acres
|
None
|
See § 200-25
|
Conditional use
|
I-2 Intensive Development District
| |||||
---|---|---|---|---|---|
Use
|
Minimum Lot Size
|
Screening/ Buffering (see § 200-58)
|
Operating Restrictions
|
Category
| |
Outdoor commercial recreation
|
6 acres
|
Type I
|
9:00 a.m. — 10:00 p.m. (see also § 200-35)
|
Conditional use
| |
Sexually oriented businesses
|
2 acres
|
None
|
See § 200-42
|
Conditional use
| |
Junkyards
|
10 acres
|
Type II
|
7:00 a.m. — 7:00 p.m. (see § 200-34)
|
Conditional use
| |
Correctional facilities/ halfway houses
|
6 acres
|
Type I
|
See § 200-43
|
Conditional use
| |
Heavy manufacturing
|
10 acres
|
Type II
|
See § 200-26
|
Conditional use
| |
Communication towers
|
1 acre
|
Type I
|
See § 200-22
|
Conditional use
| |
Truck terminals/ warehousing
|
10 acres
|
Type II
|
See § 200-25
|
Conditional use
| |
Sanitary landfills
|
15 acres
|
Type III
|
See § 200-33
|
Conditional use
|
A.
Such uses shall provide all parking and loading/unloading
requirements as required by this chapter.
B.
Such uses shall be located on a paved public street
with a minimum cartway width of 24 feet.
C.
The design and landscaping shall be compatible with
and preserve the character of adjoining residential uses.
D.
All parking and recreation/play areas that abut residential
uses shall provide screen planting.
E.
Any outdoor lighting shall be designed to prevent
glare to adjoining properties.
F.
Such uses shall have and present all needed local,
county, state or federal permits, or applications for needed permits.
If needed permits are in the application stages, the final approval
for same shall be a condition prior to issuing a certificate of occupancy.
New towers shall be by conditional use. Co-location of new antennas on existing towers shall be a permitted accessory use. However, co-location shall be regarded as a minor land development and is subject to the jurisdiction of Chapter 174, Subdivision and Land Development, of the Code of the Township of Girard.
A.
The applicant shall demonstrate that it is licensed
by the Federal Communications Commission to operate a communications
tower, if applicable, and communication antennas.
B.
The applicant shall demonstrate that the proposed
communications tower and 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.
Communication towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and any applicable airport zoning regulations. Towers must comply with Chapter 174, Subdivision and Land Development, as a subdivision for lease.
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 one-half mile radius of the proposed communications tower site shall
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 the structure.
E.
Access shall be provided to the communications tower
and communications equipment building by means of a public street
or 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.
The applicant shall demonstrate that the proposed
height of the communications tower is the minimum height necessary
to perform its function.
H.
Unless preempted by airport zoning, the maximum height
of any communications tower shall be 250 feet; provided, however,
that such height may be increased to no more than 300 feet, provided
the required setbacks from adjoining property lines (not lease lines)
are increased by one foot for each one foot of height in excess of
250 feet.
I.
The foundation and base of any communications tower
shall be set back from a property line (not lease line) with any residential
use at least 100 feet and shall be set back from any other property
line (not lease line) at least 50 feet.
J.
The base of a communications tower shall be landscaped
so as to screen the foundation and base and communications equipment
building from abutting properties.
K.
The communications equipment building shall comply
with the required yards and height requirements of applicable zoning
district for an accessory structure.
L.
The applicant shall submit certification from a Pennsylvania
registered professional engineer that a 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.
M.
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.
N.
All guy wires associated with guyed communication
towers shall be clearly marked so as to be visible at all times and
shall be located within a fenced enclosure.
O.
The site of a communications tower shall be secured
by a fence with a minimum height of eight feet to limit accessibility
by the general public.
P.
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 that
has jurisdiction.
Q.
If a communications tower remains unused for a period
of 12 consecutive months, the owner or operator shall dismantle and
remove the communications tower within six months of the expiration
of such twelve-month period.
R.
One off-street parking space shall be provided within
the fenced area.
Such uses are commercial in nature, normally
seasonal but do have a high-impact potential.
The purpose of this use is to allow smaller
retail operations in a rural environment. Such uses shall:
A.
Provide all parking as required by this chapter on
lot.
B.
Any compressors shall be so enclosed as to baffle
their sound from surrounding uses.
C.
All dumpsters and or garbage/trash storage areas shall
be enclosed. They are not permitted in the setback area.
D.
All signage shall be lit by indirect means.
E.
No building shall exceed 5,000 square feet GFA.
Such uses are permitted subject to the following
requirements:
A.
Side and rear yards shall be increased by 20 feet.
B.
All outdoor storage shall be in side yards (behind
the front lot line) or in the rear yard.
C.
Access to roads and highways shall be clearly defined.
D.
All parking, loading and unloading facilities shall
be clearly designed so motor vehicles will not be required to back
into or from streets or roads when parking or leaving the premises.
Heavy manufacturing shall be located where the emission of objectionable gases, fumes, smoke or dust will not be objectionable to established permitted uses nearby or is controlled by the installation of special equipment. Outside storage yards abutting or immediately across a street from any residential or retail commercial use shall be screened. They shall meet all performance standards set forth in § 200-54.
A.
Any fuel pumps shall be at least 30 feet from any
road right-of-way and at least 30 feet from a side lot line.
B.
No vehicles will be parked or stored within setback
lines, except on a short-term basis (less than 12 hours).
C.
There shall be no outdoor storage of new or used parts,
scrap parts, unlicensed vehicles, parts of vehicles, tires or vehicles
which lack current Pennsylvania inspection stickers. The overnight
parking of customer vehicles and the screened storage of approved
trash containers shall be permitted.
D.
All lighting shall be indirect or designed to prevent
glare to neighboring properties.
E.
All compressors shall be enclosed to muffle their
sound from surrounding uses.
F.
All underground storage tanks shall be in compliance
with all federal or state regulations. Any tanks remaining unused
for a period of six months shall be removed by the owner of record.
The purpose of such homes is to provide residences
for individuals in a home-like setting. Consequently, it is essential
to maintain an exterior appearance that is in harmony with surrounding
residences. Personal care homes are facilities which offer food, shelter
and personal assistance for a period of more than 24 consecutive hours
for four or more adult residents who are not relatives of the operator
and where the residents do not require hospitalization or nursing
facility care. In addition, such uses shall meet the following conditions:
A.
There shall be no sign or exterior display beyond
the name of the home or its use.
B.
At least one additional on-lot parking space shall
be provided for each two guests.
C.
No home in the A-1, A-2 or R Districts shall admit
more than eight guests/clients at any one time.
D.
Required local, county and/or state certifications
shall be presented to the Board. Specially included are to be applicable
permits from the Pennsylvania Departments of Welfare.
Day-care services for children have three separate types (see Article VII for definitions): family day-care homes, group day-care homes, and day-care centers. The latter use shall be allowed as a conditional use, providing the following criteria are met:
A.
Any outdoor play area shall be effectively fenced
from access to abutting properties or streets with fence of at least
four feet in height.
B.
For all new construction, and where feasible for existing
structures, circular driveways shall be provided to deliver and pick
up children. These will be for the safety of the children and the
protection of the neighborhood. In any event, there shall be an off-street
area for loading/unloading children.
C.
One parking space for each employee shall be required.
D.
The operator shall secure and keep current all permits
from the commonwealth or other licensing agencies.
Such uses are intended to provide overnight
or short-term accommodations for transient guests in a home-like atmosphere.
They must meet the following regulations:
Such uses shall:
These structures are also known as "self-service
storage facilities" and consist of one or more larger buildings, which
are divided into small separate units. These units, often the size
of a single garage, are then rented for storage, normally for personal
goods. Such uses must adhere to the following regulations:
A.
There shall be no outdoor storage of any type, at
any time except for boats, and licensed motor vehicles or trailers
with current licenses to travel in the commonwealth.
B.
In addition to the required side and rear yards, an
additional ten-foot buffer yard shall be required. This buffer yard
is to be planted in evergreen trees to provide a visual buffer to
surrounding properties.
C.
Each such facility shall be serviced by at least two
well-marked driveways of 15 feet in width.
D.
If any outdoor storage of boats or vehicles is provided,
the entire complex shall be surrounded by a security fence at least
six feet but not greater than eight feet in height. Said fence shall
be no closer to any lot line than 10 feet.
E.
There shall be no rental of space for active uses,
such as gatherings or music practice or repair work or service businesses.
A.
Sanitary landfills shall be permitted only as a conditional
use. Plans for sanitary landfills shall be approved and controlled
by the Pennsylvania Department of Environmental Protection (PADEP),
the laws and regulations of the commonwealth and appropriate laws
and regulations of the United States of America. Operators of sanitary
landfills shall file with the Board written proof that they have met
all permit requirements of the state and/or federal government as
they may apply to a specific development.
B.
Local requirements which must be met prior to permit
approval by the Board include:
(1)
A buffer yard of 250 feet from all public rights-of-way
and 400 feet from all dwellings, schools, churches, hospitals and
similar residential uses.
(2)
A barrier of natural forestry at a width of 100 feet
or an eight-foot high cyclone type fence with panel weaving or similar
solid fencing shall parallel all public rights-of-way and adjacent
properties for purposes of preventing the passing of wind blown litter
and preventing direct visibility of the working area from public rights-of-way
and adjoining properties.
(3)
The barrier shall be at a minimum distance of 75 feet
from all operations, and the area between the work area and barrier
shall consist of a natural cover of vegetation or forestry. This strip
shall not be of barren soil.
(4)
The landfill shall have no more than two access routes,
unless the landfill property borders three or more public rights-of-way.
In such an event, approval by the Township Supervisors will be necessary
to secure an additional access route.
(5)
A bond will be filed with the Township Supervisors,
at an amount deemed necessary by the Board of Supervisors, to provide
for protection of Township roads, which may be used for access to
this landfill.
(6)
The operator shall submit to the Board for approval
a plan for the restoration of the landfill area, which shall include
anticipated future use of the restored land.
(7)
All such proposed uses shall be on a lot of no less
than 15 acres.
Shall comply with the following requirements:
A.
All lots shall be at least two acres in size.
B.
There shall be no storage of scrap, machinery or equipment
of any kind in the setback areas.
C.
All yard spaces shall be increased 10 feet.
D.
The processing or storage of hazardous materials,
as the same are defined by the Department of Environmental Protection,
shall not be permitted.
These particular uses by their nature can generate
noise or excessive activity adversely affecting neighboring properties.
A.
Outdoor uses shall:
(1)
Have a lot of not less than six acres in size.
(2)
The developer shall present the Township with a plan
illustrating the location, size and use of any proposed outdoor speakers
or sound systems. The Township may limit the size, location and use
of these speakers to prevent excessive noise to adjacent properties.
(3)
All yard setbacks shall be increased by 50 feet.
A.
Mineral extraction and mining, including sand, gravel,
and similar open-pit surface mining as well as oil and gas drilling
operations shall:
(1)
Show compliance with all applicable state and/or federal
regulations. Specifically, all needed permits from the Pennsylvania
Department of Environmental Protection and copies of approved erosion
and sedimentation control plans shall be presented to the Township
prior to issuing a zoning permit. Said permits must be fully approved
and valid.
(2)
No surface mining operation shall be conducted within
any limits set forth by the Commonwealth of Pennsylvania or the United
States Government. The developer shall provide the Township with evidence
that all setbacks required by other agencies have been met.
(3)
An arrangement for road bonding requirements, as applicable,
shall be presented to the Township.
(4)
In addition, gas and oil wells shall provide the Township
with a well log containing, but not limited to:
(a)
Depth to thickness and lithology of all fresh
water-bearing zones.
(b)
Depth to saline water.
(c)
Depth to thickness and lithology of all over-pressured
zones (pressure exceeding normal expected overburden pressure) whether
or not these contain gas or oil.
(d)
A full surface total depth graphic lithologic
log with narrative descriptions.
(e)
A complete chemical analysis of saline water
encountered during drilling including major ions (Fe, Mn, Co. Mg,
SO4, CO3, Na, K, etc.) and heavy metals (Co, As, Cd, Cr, Sr. Ba, etc.).
The sampling time should coincide with whatever stage of operations
is likely to produce the least contamination by drilling mud. If this
is not possible, a note should be appended to the analysis indicating
the presence of mud in the sample.
(f)
Where over-pressured zones are encountered,
the drilling company shall provide the Township the elevation to which
water from each over-pressured zone would rise in the absence of any
controls, seals or casing.
(g)
When complaints from neighboring residents and
property owners are received by the drilling company personnel, or
Township personnel, these complaints shall be investigated by the
drilling company or qualified representative and a written report
detailing the complaint, means of investigation, date and conclusions
shall be submitted to the complainant and the Township.
B.
The object of the regulations above to guarantee public
safety in the future and of identifying points where, if groundwater
pollution should occur in the vicinity, information would be required
to assist in an investigation.
The purpose of cemeteries, under this chapter,
is to provide a proper burial ground for persons. All uses and activities
must be clearly and customarily incidental to this use. Prior to the
establishment of a new facility or expansion of an existing cemetery,
the owner shall:
A.
File a site plan to demonstrate the design and layout
of the proposed cemetery or cemetery expansion and specifically illustrating:
the proposed drainage plan, the internal circulation plan, and the
location of accessory building(s).
B.
Connections to existing Township streets will be no
closer than 50 feet to a street intersection, 15 feet to a fire hydrant,
30 feet to a driveway on the same side of the street and shall avoid
streets or driveways opposite proposed means of ingress and egress.
C.
Demonstrate compliance with applicable state laws.
D.
All accessory uses must be clearly incidental and
subordinate to the function of the cemetery.
E.
All new facilities shall have a size of at least five
acres.
The proposed park shall meet all applicable requirements of Chapter 174, Subdivision and Land Development, applied to mobile home parks. In addition, the park shall:
A.
Show evidence of a contract to collect solid waste
with dumpster or curbside capacity adequate for the size of the intended
development.
B.
Be screened from abutting residential uses (Type I).
C.
All mobile homes within the park must meet the following
standards for tie downs/anchoring. Three types of foundation will
be acceptable:
While the Township recognizes the importance
of these endeavors, their intensity makes them a conditional use.
Such facilities shall:
A.
Have a minimum space of five acres for dog kennels
and 10 acres for other uses.
B.
No pens or runs shall be closer than 500 feet from
lot lines.
C.
If containing runs for more than 75 birds or mammals,
provide evidence that waste products or manure will not create a malodorous
nuisance. An approved sewage treatment system may be required.
D.
Provide evidence of meeting all applicable state codes
and licenses.
This use shall be permitted as a conditional
use, provided:
A.
These businesses have potential negative impacts upon
the community, including:
(1)
Sexually oriented businesses are frequently used for
unlawful sexual activities, including prostitution and sexual liaisons
of a casual nature.
(2)
The concern over sexually transmitted diseases is
a legitimate health concern of the Township, which demands reasonable
regulation of sexually oriented businesses in order to protect the
health and well being of the citizens.
(3)
There is convincing documented evidence that sexually
oriented businesses, because of their very nature, have a deleterious
effect on both the existing businesses around them and the surrounding
residential areas adjacent to them, causing increased crime and the
downgrading of property values.
(4)
Sexually oriented businesses, due to their nature,
have serious objectionable operational characteristics, particularly
when they are located in close proximity to each other, thereby contributing
to neighboring blight and downgrading the quality of life in the adjacent
area.
B.
Permitting and/or licensing is a legitimate and reasonable
means of accountability to ensure that operators of sexually oriented
businesses comply with reasonable regulations and to ensure that operators
do not knowingly allow their establishments to be used as places of
illegal sexual activity or solicitation.[1] However, it is not the intent of this chapter 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. Nor is it the intent of the Township
to condone or legitimize the distribution of obscene material.
C.
Sexually oriented businesses as defined herein shall
be permitted in the I-2 Intensive Development District as a conditional
use, provided:
These are conditional uses in the C-1 District.
These uses shall:
A.
Provide means of direct auto access to neighboring
retail developments, eating and drinking places, or commercial recreation
without entering an existing through street. This access may be curb
cuts to abutting parking areas or by a secondary access road. In some
cases, pedestrian footpaths will be allowed.
B.
Add five feet of buffer yard per 2,000 feet GFA to
every side or rear yard over 5,000 square feet.
C.
All compressors shall be enclosed to baffle their
sound from surrounding uses.
E.
All property lines which abut other districts or preexisting
residential uses shall maintain both of the following buffer yard
types:
(1)
A fifty-foot wide buffer yard of vegetation sufficient
to provide opaque screening during six months of the year. This buffer
yard shall maintain the existing natural vegetation unless insufficient
for screening or of species generally recognized as inferior for shade,
erosion control, or screening. If deemed so, the developer shall maintain
a planting standard of eight deciduous trees and 16 coniferous trees
per each 5,000 square feet of buffer yard. This buffer yard shall
be in addition to any other yard requirements listed in Table 200-17.
(2)
A screening yard of spruce, planted to the following
standards: an initial row of trees to follow a lineal center line
with additional rows planted at oblique angles on each side of the
center-line row, sufficient to provide complete and constant opaque
screening from the time of planting. This screen of plantings shall
be situated at the interior edge of the natural vegetation buffer
yard and may be included in calculations of required yard areas.
F.
Planting standards. At the time of planting, all coniferous
trees shall be a minimum of six feet in height, as measured from the
ground. Hardwood trees shall be a minimum of 12 feet in height, as
measured from the ground. The Zoning Administrator may inspect plantings
as necessary. Trees that have died shall be replaced as needed.
G.
Lighting. Any lighting used to illuminate buildings,
parking or loading areas shall be arranged to reflect the light away
from the adjoining premises of any residential district or use.
H.
Parking areas may not encroach on front yard setback
areas.
I.
All conditional use retail businesses or shopping
centers shall submit a plan for future traffic access. This plan shall
include reserve areas for connecting parking lots to abutting properties,
maintaining sufficient setback for future collector streets or other
standard arterial access limitations. As a part of conditional use
approval, the developer shall agree to permit the interconnection
of future abutting parking lots to his property and make such necessary
improvements.
A light manufacturing use shall show through a description of activities that it can meet all performance standards of § 200-54 of this chapter.
These uses are periodic in nature but are very
intense. To protect health and safety:
This section is intended to facilitate indoor
private clubs, including, but not limited to, sportsman's organizations,
conservation organizations, and similar charitable, or fraternal groups.
Such uses shall:
A.
Present a plan relative to any access of facilities
by the general public, if any. Such plan shall include anticipated
dates, times and club-imposed restrictions.
B.
Operating hours for any active outdoor activity shall
be restricted to hours set by the Board of Township Supervisors based
upon anticipated noise and intensity of activities.
C.
Present a plan detailing the availability of alcohol,
if any. Such plan shall include club restrictions on service.
D.
Present a plan for buffering and screening, if any.
Home occupations are a potential intrusion upon
residential areas and as such must meet all the requirements listed
in this section.
A.
Parking. In addition to providing the required parking
spaces for residents of the dwelling units, off-street parking must
be provided for employees and customers in accordance with the criteria
set forth by this chapter
B.
Employees. No more than one outside employee, other
than a family member, shall participate or work in the home occupation.
C.
Restrictions. No home occupation that would cause
undue noise, traffic or other intrusion upon the neighborhood shall
be allowed. Among the activities specifically excluded shall be kennels,
veterinary offices, restaurants, small motor repair, automotive repair,
automobile bodywork and similar undertakings.
D.
Home occupations may include, but are not limited
to, art studios, music studios (limited to one student at a time),
professional offices, professional services, barber, beauty shops,
and dressmakers.
E.
The nature of the home occupation shall not change
the outward characteristics of the home as a residential unit.
F.
No more than 30% in aggregate of the home and accessory
buildings may be used for a home occupation.
G.
Home occupations shall not operate before 8:00 a.m.
or after 9:00 p.m.
H.
Any retail sales shall consist primarily of items
made on the premises. No more than 25% of on-premises sales shall
be from items not made on the premises.
I.
No more than one home occupation per dwelling shall
be permitted.
Test tracks shall meet all the requirements listed in this section:
A.
Setback:
tracks must be located 500 feet from the property line.
B.
Hours
of operation: 12:00 p.m. to 4:00 p.m.
C.
Minimum
lot size: 20 acres.
D.
Test tracks
shall follow Erie County Conservation dust and sediment regulations
as well as DEP wetland and stormwater runoff regulations.
E.
Screening:
none.