Township of Girard, PA Conditional Uses and Special Exceptions

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.

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.

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

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-21 Churches, schools, hospitals and nursing homes.

Such uses shall provide all parking and loading/unloading requirements as required by this chapter.

Such uses shall be located on a paved public street with a minimum cartway width of 24 feet.

The design and landscaping shall be compatible with and preserve the character of adjoining residential uses.

All parking and recreation/play areas that abut residential uses shall provide screen planting.

Any outdoor lighting shall be designed to prevent glare to adjoining properties.

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.

§ 200-22 Public utilities/communication towers.

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.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communication antennas.

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.

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.

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.

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.

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.

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

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.

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.

The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

The communications equipment building shall comply with the required yards and height requirements of applicable zoning district for an accessory structure.

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.

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.

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.

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.

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.

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.

One off-street parking space shall be provided within the fenced area.

§ 200-23 Recreational campgrounds.

Such uses are commercial in nature, normally seasonal but do have a high-impact potential.

Such uses shall:

(1)

Provide evidence of compliance with Department of Environmental Protection standards for water and sanitary sewer facilities.

(2)

Provide evidence of approved solid waste removal.

No recreational campgrounds are permitted south of Middle Road in R-2 Districts.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-24 Limited retail businesses.

The purpose of this use is to allow smaller retail operations in a rural environment. Such uses shall:

Provide all parking as required by this chapter on lot.

Any compressors shall be so enclosed as to baffle their sound from surrounding uses.

All dumpsters and or garbage/trash storage areas shall be enclosed. They are not permitted in the setback area.

All signage shall be lit by indirect means.

No building shall exceed 5,000 square feet GFA.

§ 200-25 Warehousing and distribution, truck terminals.

Such uses are permitted subject to the following requirements:

Side and rear yards shall be increased by 20 feet.

All outdoor storage shall be in side yards (behind the front lot line) or in the rear yard.

Access to roads and highways shall be clearly defined.

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.

§ 200-26 Heavy manufacturing.

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.

§ 200-27 Service stations, service and repair businesses, convenience stores.

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.

No vehicles will be parked or stored within setback lines, except on a short-term basis (less than 12 hours).

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.

All lighting shall be indirect or designed to prevent glare to neighboring properties.

All compressors shall be enclosed to muffle their sound from surrounding uses.

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.

§ 200-28 Personal care homes.

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:

There shall be no sign or exterior display beyond the name of the home or its use.

At least one additional on-lot parking space shall be provided for each two guests.

No home in the A-1, A-2 or R Districts shall admit more than eight guests/clients at any one time.

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.

§ 200-29 Group day-care homes and day-care centers.

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:

Any outdoor play area shall be effectively fenced from access to abutting properties or streets with fence of at least four feet in height.

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.

One parking space for each employee shall be required.

The operator shall secure and keep current all permits from the commonwealth or other licensing agencies.

§ 200-30 Bed-and-breakfasts.

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:

No more than four guest rooms will be permitted.

One off-street parking space for each guest room shall be required.

§ 200-31 Sawmills.

Such uses shall:

Sawmills shall be set at least 50 feet from the setback line and at least 75 feet from the side or rear setback lines.

There shall be no storage of logs or lumber within 25 feet of any setback line.

§ 200-32 Mini-storage facilities.

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:

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.

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.

Each such facility shall be serviced by at least two well-marked driveways of 15 feet in width.

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.

There shall be no rental of space for active uses, such as gatherings or music practice or repair work or service businesses.

§ 200-33 Sanitary landfills.

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.

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.

§ 200-34 Junkyards/supply yards.

Shall comply with the following requirements:

All lots shall be at least two acres in size.

There shall be no storage of scrap, machinery or equipment of any kind in the setback areas.

All yard spaces shall be increased 10 feet.

The processing or storage of hazardous materials, as the same are defined by the Department of Environmental Protection, shall not be permitted.

§ 200-35 Commercial recreation.

These particular uses by their nature can generate noise or excessive activity adversely affecting neighboring properties.

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.

Indoor uses shall:

(1)

Have no outdoor speakers, with the exception of emergency public address speakers.

(2)

Present evidence of compliance with Labor and Industry (PA) building regulations.

§ 200-36 Mineral excavation/gas and oil drilling.

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.

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.

§ 200-37 Cemeteries.

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:

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).

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.

Demonstrate compliance with applicable state laws.

All accessory uses must be clearly incidental and subordinate to the function of the cemetery.

All new facilities shall have a size of at least five acres.

§ 200-38 Multiple-family dwellings.

Development may not exceed a density greater than five units per acre without public sewer and eight units per acre with public sewer.

Multiple-family dwellings shall provide evidence they have passed all applicable regulations for on-lot sewage disposal, as applicable.

§ 200-39 Mobile home parks.

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:

Show evidence of a contract to collect solid waste with dumpster or curbside capacity adequate for the size of the intended development.

Be screened from abutting residential uses (Type I).

All mobile homes within the park must meet the following standards for tie downs/anchoring. Three types of foundation will be acceptable:

(1)

A foundation similar to that of traditional homes (footers below the frost line).

(2)

Concrete block leveled and installed per the mobile home manufacturer's instructions.

(3)

Cylinder jack piers bolted to the mobile home's I-beams and set into reinforced concrete pads.

If either foundation in Subsection C(2) or (3) is employed, the unit shall have skirting continuously in that area between ground level and the mobile home. This skirting will be of a type and material suitable for such a purpose and shall be maintained.

In existing mobile home parks, the setback for storage sheds is to be five feet from any mobile home.[1]

[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-40 Specialized animal raising and care.

While the Township recognizes the importance of these endeavors, their intensity makes them a conditional use. Such facilities shall:

Have a minimum space of five acres for dog kennels and 10 acres for other uses.

No pens or runs shall be closer than 500 feet from lot lines.

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.

Provide evidence of meeting all applicable state codes and licenses.

§ 200-41 Home- and farm-based manufacturing.

This use shall be permitted as a conditional use, provided:

All side and rear yards shall be increased by 25 feet in those instances where they abut residential uses.

There shall be no more than one employee who is not a family member.

§ 200-42 Sexually oriented businesses.

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.

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.

[1]

Editor's Note: See Ch. 67, Adult Uses, for licensing regulations.

Sexually oriented businesses as defined herein shall be permitted in the I-2 Intensive Development District as a conditional use, provided:

(1)

The proposed sexually oriented business does not lie within 1,500 feet of:

(a)

A church;

(b)

A public or private preelementary, elementary, or secondary school;

(c)

A public library;

(d)

A child-care facility or nursery school;

(e)

A public park adjacent to any resident district;

(f)

A child-oriented business.

(2)

The proposed sexually oriented business does not lie within 500 feet of another sexually oriented business.

(3)

Compliance with all other applicable local codes and licenses is presented to the Township Supervisors.

§ 200-43 Correctional facilities or halfway houses.

Correctional facilities or halfway houses shall present the Township Supervisors with a security plan, which takes into account the safety of Township residents.

These uses shall not lie within 1,500 feet of:

(1)

A church;

(2)

A public or private preelementary, elementary, or secondary school;

(3)

A public library;

(4)

A child-care facility or nursery school;

(5)

A public park adjacent to any resident district;

(6)

A child-oriented business.

These uses shall not abut a preexisting single-family home.

§ 200-44 Retail businesses/shopping centers.

These are conditional uses in the C-1 District. These uses shall:

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.

Add five feet of buffer yard per 2,000 feet GFA to every side or rear yard over 5,000 square feet.

All compressors shall be enclosed to baffle their sound from surrounding uses.

Meet the performance standards of § 200-54 of this chapter, if applicable.

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.

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.

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.

Parking areas may not encroach on front yard setback areas.

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.

§ 200-45 Light manufacturing.

A light manufacturing use shall show through a description of activities that it can meet all performance standards of § 200-54 of this chapter.

§ 200-46 Flea markets.

These uses are periodic in nature but are very intense. To protect health and safety:

The developer shall present a plan for pedestrian access, vehicular access and the placement of tables.

All parking areas shall maintain a dust- and mud-free surface.

Outdoor flea markets shall operate during daylight hours only.

§ 200-47 Indoor private clubs.

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:

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.

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.

Present a plan detailing the availability of alcohol, if any. Such plan shall include club restrictions on service.

Present a plan for buffering and screening, if any.

§ 200-48 Home occupations.

Home occupations are a potential intrusion upon residential areas and as such must meet all the requirements listed in this section.

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

Employees. No more than one outside employee, other than a family member, shall participate or work in the home occupation.

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.

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.

The nature of the home occupation shall not change the outward characteristics of the home as a residential unit.

No more than 30% in aggregate of the home and accessory buildings may be used for a home occupation.

Home occupations shall not operate before 8:00 a.m. or after 9:00 p.m.

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.

No more than one home occupation per dwelling shall be permitted.

§ 200-49 Test tracks. [1]

Test tracks shall meet all the requirements listed in this section:

Setback: tracks must be located 500 feet from the property line.

Hours of operation: 12:00 p.m. to 4:00 p.m.

Minimum lot size: 20 acres.

Test tracks shall follow Erie County Conservation dust and sediment regulations as well as DEP wetland and stormwater runoff regulations.

Screening: none.

[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).