Recognizing that certain uses, activities and
structures are necessary to serve the needs and convenience of Tobyhanna
Township, and at the same time recognizing that such uses may be or
become inimical to the public health, safety and general welfare if
located and operated without proper consideration being given to existing
conditions and character of the surrounding area, such uses are hereby
designated as special uses.
A.
The Zoning Hearing Board shall receive requests for special exceptions in the form set forth in Subsection F, and shall, after reviewing the request and the comments of the Planning Commission, grant or deny the request. The Planning Commission shall have the opportunity to review the application prior to the hearing.
B.
The use for which application is being made shall be specifically authorized as a special exception use in Article X of this chapter for the zone in which the use is located.
C.
The design, arrangement and nature of the particular
use shall be such that the public health, safety and welfare will
be protected and reasonable consideration is afforded to the:
(1)
Character of the neighborhood and zone.
(2)
Conservation of property value.
(3)
Health and safety of residents or workers on adjacent
properties and in the surrounding neighborhood.
(4)
Potential congestion of vehicular traffic or creation
of undue hazard.
(5)
Principles and objectives of this chapter and the
Comprehensive Plan of Tobyhanna Township.
D.
The Zoning Hearing Board shall find that all requirements as set forth in this chapter for the zone in which it is to be located are observed or as set forth in Article X; that such use will in no way be detrimental to the surrounding property values; and that the structure or proposed use will serve a useful purpose to the general welfare of the Township.
E.
In addition, such special uses shall adhere to the
standards specified for the particular use in this section and to
such additional conditions and safeguards as, in the opinion of the
Zoning Hearing Board, will implement the intent and objectives of
this article and chapter.
F.
Procedure. The applicant may contact the Zoning Officer to arrange a presubmission conference to informally outline the nature of the request and to determine the nature and extent of the information outlined in Subsection G to be supplied on the site development plan.
G.
The applicant shall cause a site development plan
map to be prepared by a civil engineer, surveyor, land planner, architect
or other competent person. Site development plan elements shall include
those listed below which are appropriate to the proposed development
or use, as indicated by the Zoning Officer in a presubmission conference:
(1)
Legal data.
(a)
The tax number of the property from the latest
tax records.
(b)
The name and address of the owner of record.
(c)
The name and address of the person, firm or
organization preparing the map, including the seal and signature of
the responsible professional(s).
(d)
The date, North point and written and graphic
scale.
(e)
Sufficient description or information to define
precisely the boundaries of the property. All distances shall be in
feet and hundredths of a foot. All angles shall be given to the nearest
10 seconds or closer. The error of closure shall not exceed one in
5,000.
(f)
The locations, names and existing widths of
adjacent streets and curblines.
(g)
The locations and owners of all adjoining lands
as shown on the latest tax records.
(h)
The locations, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions
or covenants applying to the property.
(j)
The zoning district in which the property is
located.
(2)
Natural features.
(a)
The existing contours with intervals of 10 feet
or less, as determined at the presubmission conference, referenced
to a datum satisfactory to the Zoning Officer.
(b)
The proposed finished contours at the same interval as required in Subsection G(2)(a) hereinabove, referenced to the same datum.
(c)
The boundary of any area in the one-hundred-year
floodplain, and stormwater overflow area.
(d)
The location of existing wetlands, swamps or
marshes, watercourses, including intermittent streams, wooded areas
and any other pertinent natural presubmission conference feature.
(e)
Soil survey data, including capabilities for
on-lot septic systems, as taken from the Soil Conservation Survey
or as mapped by a qualified soil scientist.
(f)
Soil percolation test results and/or comments
from the Monroe County Conservation District, as requested in the
presubmission conference.
(3)
Utilities, structures and uses on and within 200 feet
of the site.
(a)
The location of all utilities, including:
[1]
Power lines.
[2]
Telephone lines, including cellular transmission
towers; and cable television lines.
[3]
Storm sewers (including culverts), giving dimensions,
grades and direction of flow.
[4]
Sanitary sewers, giving dimensions, grades,
elevations and direction of flow.
[5]
Waterlines, giving dimensions and elevations.
(b)
Curbs and gutters, sidewalks, paved areas and
access.
(c)
The outline of structures and use areas.
(d)
Fences, landscaping, screening and other improvements,
as determined at the presubmission conference.
(4)
Proposed improvements and use.
(a)
The design and location of all uses and use
areas not requiring structures.
(b)
The location of proposed buildings or structures.
(c)
The design and location of all outdoor signs,
if any.
(d)
The design and locations of driveways, parking
areas, sidewalks and other paved areas, including existing and proposed
profiles and cross sections.
(e)
The location of proposed or existing well and
sewage disposal systems or water- and sewer lines.
(f)
The plan and location of any proposed grading,
landscaping or screening.
(g)
A copy of any proposed deed restriction or covenants.
(h)
The plan and location of any proposed public
improvements on or adjacent to the property.
(5)
Evidence must be shown of compliance with the Department
of Environmental Protection (DEP), PennDOT highway occupancy standards
and Department of Labor and Industry Standards.
(6)
Any other information which may be determined during
the presubmission conference to be necessary to ascertain the conformity
of the site plan with the intent and requirements of this chapter.
Model houses, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
The lot and structures shall conform with all requirements for single-family detached dwellings as set forth in Article X.
B.
Commercial activity conducted within the model house
and upon the lot shall be limited to the promotion and conduct of
the builder's residential construction business.
C.
No construction materials, products or equipment may
be displayed or stored except within any principal or accessory building.
D.
The occupancy permit for the limited commercial activity
shall be valid for a period of five years from the date of issuance
and may be renewed, upon application, for an additional two years;
thereafter, the limited commercial activity shall cease and the use
shall revert to a single-family residence. Only one such occupancy
permit for the limited commercial activity may be issued to each builder
and/or developer in any single development.
Development sales offices, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
Commercial activities conducted within the sales office
and upon the development shall be limited to offerings within the
development only.
C.
The occupancy permit for the limited commercial activity
shall be valid for a period of five years from the date of issuance
and may be renewed, upon application, for a successive five-year period;
thereafter, the limited commercial activity shall cease and the use
shall revert either to a single-family residence or to a development
amenity. Only one such occupancy permit for the limited commercial
activity may be issued to any developer in any single development.
Commercial camps, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
All commercial camps shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B.
The developer of any commercial camp activity shall
provide proper and adequate installation of roads, drives, potable
water, sanitary and drainage facilities, and shall meet minimum requirements
of the Department of Environmental Protection.
C.
Existing natural features, drainage and vegetation
shall be maintained, except where necessary for the construction and
operation of such commercial camp or as part of a forestry management
program.
E.
All commercial camps shall comply with applicable
requirements of state and county agencies regarding health, sanitation,
fire protection and other facets of operation of such camps.
All commercial resorts, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
All commercial resorts shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B.
The developer of any commercial resort activity shall
provide proper and adequate installation of roads, drives, potable
water, sanitary and drainage facilities, and shall meet minimum requirements
of the Department of Environmental Protection.
C.
Existing natural features, drainage and vegetation
shall be maintained, except where necessary for the construction and
operation of such commercial resort or as part of a forestry management
program.
E.
All commercial resorts shall comply with applicable
requirements of state and county agencies regarding health, sanitation,
fire protection and other facets of operation of such resorts.
A.
A statement setting forth full particulars on the
operation of the use, a copy of the Articles of Incorporation, if
a corporation, or trade-name certificate, if any, shall be filed with
the Zoning Hearing Board. In addition, the Board may, in any case,
require that names and addresses of all charter members be furnished.
B.
The proposed use must be a bona fide not-for-profit
organization operated solely for the recreation and enjoyment of the
members of said organization and their guests.
C.
The proposed use in the proposed location shall not
adversely affect the safe and comfortable enjoyment of properties
in the neighborhood; the design of any structures erected in connection
with such use shall be in keeping with the general character of the
area, and sufficient landscaping, including trees, shrubs and lawn,
shall be provided to serve as a buffer between said use and adjoining
properties, and to ensure an attractive appearance for the use.
Nursing homes, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
All nursing homes shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B.
Existing natural features, drainage and vegetation
shall not be removed, changed or destroyed, except where necessary
for the construction and operation of such nursing home.
D.
All nursing homes shall comply with applicable requirements
of state and county agencies regarding health, sanitation, fire protection
and other facets of the operation of such nursing homes.
Boardinghouses and bed-and-breakfasts, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
All boardinghouses and bed-and-breakfasts shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
C.
All boardinghouses and bed-and-breakfasts shall comply
with applicable requirements of state and county agencies regarding
health, sanitation, fire protection and other facets of the operation
of such boardinghouses.
Hospitals shall conform to the following requirements:
A.
All requirements of Article X, Minimum Lot and Yard Requirements, and any other requirements of this chapter or other ordinances of the Township.
B.
All outdoor storage of supplies or waste shall be
adequately screened by planting or fencing.
C.
The site plan shall provide adequate buffer strips
and screening wherever needed, as well as an attractive and functional
landscaping scheme in addition to any buffering or screening required
within this chapter.
D.
The appropriate area and number of off-street parking
spaces shall be provided, and access to parking areas and emergency
entrance(s) shall be designed to minimize disturbance to adjoining
properties.
E.
Provision shall be made for water supply and sewerage
disposal in accordance with accepted practice and applicable state,
county and Township regulations and standards.
[1]
Editor's Note: Former § 155-88, Motor vehicle service
stations, was repealed 4-3-2023 by Ord. No. 575.
Public utility uses, such as dial equipment
centers, high-voltage transmission lines, towers, substations and
other proposed installations necessary to serve the region or area,
as opposed to surrounding properties, may be permitted in any zoning
district with a special exception permit. No special exception permit
shall be issued unless the Zoning Hearing Board shall determine that:
A.
The proposed installation in a specific location is
necessary and convenient for the efficiency of the public utility
system or the satisfactory and convenient provision of service by
the utility to the neighborhood, area or region in which the particular
use is to be located.
B.
The design of any building in connection with such
facility conforms to the general character of the area and will not
adversely affect the safe and comfortable enjoyment of property rights
of the zone in which it is located.
C.
Adequate and attractive fences, noise barriers and
other safety devices will be provided.
D.
A buffer strip five feet in width and screening are
provided and will be periodically maintained.
E.
Adequate off-street parking will be provided to meet
the needs of the use.
F.
All of the area, yard and building coverage requirements
of the respective zones will be met.
G.
All other items or details of construction or location
are consistent with the intent of this chapter.
Commercial surface mining, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
All commercial surface mining operations and activities
shall conform to the requirements of the Surface Mining Conservation
and Reclamation Act,[1] and the applicant shall forward a copy of the Department
of Environmental Protection permit to the Zoning Officer prior to
the issuance of the occupancy permit.
[1]
Editor's Note: See 52 P.S. § 1396.2
et seq.
B.
In addition to the minimum distance requirements set
forth in the Surface Mining Conservation and Reclamation Act, the
applicant shall maintain a minimum one-hundred-foot-wide buffer strip
between the active mining operation and the exterior property lines
and a three-hundred-foot-wide buffer strip with existing residential
buildings. The vegetation in the buffer shall not be removed except
to provide for adequate access, but shall be maintained and/or increased
to provide for adequate visual screening of the operation.
C.
No dust, fumes, odor or vibration shall be discernible
at the exterior property lines.
D.
Active mining operations shall be permitted only between
the hours of 7:00 a.m. to 8:00 p.m. daily, except Sunday, when no
operations are allowed.
E.
Nothing in this chapter shall be construed to prohibit
a property owner from conducting surface mining operations for the
production of materials to be utilized totally within the confines
of the property.
F.
Bituminous concrete batch plants, concrete batch plants and crusher plants shall be permitted in all zoning districts as an accessory use to a commercial surface mining operation. Operation and construction of such plants must meet all requirements of this section of this chapter. A permit must be obtained by special exception approval in accordance with Article XIV of this chapter.
G.
No noise shall exceed standards set forth in §§ 155-11Q and 155-17G(4).
[Amended 10-12-2004 by Ord. No. 453]
Apartment buildings, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
All apartment buildings shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B.
No apartment building shall contain more than six
dwelling units.
C.
No single apartment building shall be situated on
a lot of less than one gross acre, and the density shall not exceed
two apartment buildings per gross acre.
D.
Two off-street parking spaces shall be provided for each dwelling unit, plus one additional off-street parking space for each two dwelling units, in accordance with Article XII, § 155-55, of this chapter. For purposes of this section, garage parking spaces allocated to the use of a dwelling unit may be used to satisfy the parking space requirement; however, outdoor parking spaces adjoining or near the garage which would block vehicular access to the garage if a vehicle were parked in such outdoor spaces cannot be counted to satisfy this parking space requirement if the garage spaces are being counted in satisfaction of the requirement.
E.
A buffer strip 25 feet in width, landscaped and screened,
shall be provided and maintained adjacent to any property line adjoining
a residential district.
F.
The minimum front setback, side setback, and rear setback distances established in Article X of this chapter notwithstanding, no apartment building, as measured from its building line, shall be located less than 150 feet from any residential district.
G.
Apartment buildings shall conform to the requirements set forth in Chapter 135, Subdivision and Land Development.
H.
Space between two apartment buildings, or between
an apartment building and any other principal building on another
tract, shall not be less than 75 feet from building line to building
line.
I.
The minimum habitable floor area per dwelling unit
shall be 500 square feet, which shall be increased by 250 square feet
for each bedroom in excess of two contained in the dwelling unit.
J.
The maximum number of residents of an apartment shall
be three residents per bedroom. For purposes of this section, the
term "bedroom shall not include the kitchen, dining room or dining
area, living room, bathrooms, hallways, foyers, closets or storage
rooms, or garages, nor shall it include any unfinished attic, basement
or cellar.
K.
Each dwelling unit shall have a wall common to the
exterior of the structure with a minimum length of 15 feet and with
at least one window of at least six square feet in area, with an unobstructed
view of the outside area, on each floor of the dwelling unit.
L.
Apartment buildings shall front on an improved street
or shall front upon a courtyard fronting upon an improved street provided
the nearest point of the apartment building is not further than 250
feet from the improved street, and the smallest dimension of the courtyard
is no less than 1/2 the largest dimension.
M.
The tract upon which an apartment building is located
shall have a minimum of 100 feet for each acre of land included in
the tract, frontage on an improved public street that has been dedicated
to and accepted by the Township, or is a road maintained by Monroe
County or the Commonwealth of Pennsylvania.
N.
Outside service areas for storage, outside airing
or hanging of laundry or for the location of refuse disposal containers
shall be visually screened in a manner acceptable to the Township.
O.
At least 20% of the tract area shall be set aside
as recreation area and shall not be owned by any individual tenant
or dwelling unit occupant, if other than the owner of the apartment
building. Such area shall be open space and shall be appropriately
developed to provide for passive and active recreational activities
to serve the residents of the apartment project. Such recreational
sites or facilities shall be located in an area or areas which will
not be detrimental to adjacent property owners by virtue of noise,
light, glare or any other nuisance feature emanating from such facility,
as well as in such an area or areas where the recreational activities
of the apartment project residents will not be adversely affected
by the character and uses of the surrounding areas.
P.
The front facade of an apartment building shall not
continue on the same plane for a distance of more than 70 feet. Offsets
between front facade planes shall be at least four feet.
Q.
Reporting of occupancy. The owner of any apartment
building (or the owner of each individual dwelling unit therein, if
individually owned) shall, upon the initial occupancy of said dwelling
unit and within 10 days following each subsequent change in occupancy
(as measured from the execution of a written lease, or, in the event
no written lease is executed, from the date of occupancy by the new
occupant), furnish to the Township on forms so designated, the name,
address, names of additional occupants, and other information as required
on the form.
R.
Any person, firm, corporation or other entity who shall violate the reporting of occupancy requirement of Subsection P above, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $ 1,000, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this section continues shall constitute a separate offense.
Truck terminals shall conform to the following
requirements:
A.
Access to various components of the terminal shall
be from interior streets or driveways.
B.
Yard requirements.
(1)
The minimum yard setback adjoining any residential
district or adjoining any nonconforming residential use shall be not
less than 200 feet.
(2)
The minimum yard setback adjoining any Commercial
or Commercial/Industrial District area shall be not less than 50 feet.
(3)
The required yards shall not be utilized for any buildings,
loading areas, storage areas or any interior streets, drives or ramps,
except:
(a)
Any yard adjoining any Commercial or Commercial/Industrial
District area may be utilized for automobile, truck or trailer parking
areas.
(b)
Any yard adjoining any Commercial or Commercial/Industrial
District area may be utilized for any on-site sewerage disposal system
approved by the Township Sewage Enforcement Officer.
(c)
Any yard may be crossed by such access streets
or drives as are necessary to provide proper ingress and egress.
C.
Screening.
(1)
The natural vegetation shall be maintained or replaced with plantings in all required yard space to provide screening from adjacent properties, except as provided by Subsection B(3).
(2)
The screening in any yard adjoining any residential
district or adjoining any nonconforming residential use shall be such
that the natural vegetation or the supplemental plantings or other
screening will, within two growing seasons, create a continuous screen
not less than 10 feet in height and of such density as will obscure
90% of the light emitted from vehicle headlights on the premises throughout
the full course of the year.
D.
Illumination. All streets, drives, ramps, parking areas and loading and storage areas shall be illuminated in conformance with § 155-55E, except that such illumination shall not cause illumination in excess of 0.2 footcandles, either directly or indirectly, beyond the terminal property line adjoining any residential district or adjoining any nonconforming residential use.
E.
Access road. The minimum right-of-way width for any
access road shall be 60 feet. The access road shall be improved to
provide a minimum of 24 feet of paved surface with a minimum ten-foot
shoulder on each side.
F.
Paving. All streets, drives, ramps, parking areas, loading areas and storage areas shall be paved in accordance with § 155-55B.
G.
Drainage. The terminal shall be provided with proper
drainage facilities so designed and constructed as to prohibit any
adverse effect on any adjacent property.
H.
Noise.
(1)
The operation of any terminal shall be conducted in such a manner that any noise emanating from the operation shall conform to §§ 155-11Q and 155-17G(4).
(2)
Noise emanating from vehicles using any access road
shall not exceed the limits established by the Environmental Protection
Agency for vehicles in interstate commerce.
I.
If the Board of Supervisors, in consideration of any
advice of the Planning Commission, has reason to believe that a proposed
truck terminal may create a hazard to the public health and safety,
then the Board of Supervisors may require an applicant or use to substantiate
that necessary measures will be employed to avoid such hazards. In
such case, the following shall be provided at a minimum:
[Added 6-15-1998 by Ord. No. 397]
(1)
An environmental impact study (EIS) in conformity
with this chapter.
A public or private educational institution
shall conform to the following requirements:
A.
A lot area of not less than five acres shall be provided
for each such use.
B.
Such use shall have direct access to either an arterial or a collector street, as defined in Article IV of this chapter.
C.
Such use shall not alter the essential character of
the neighborhood or district in which the property is located, nor
substantially or permanently impair the appropriate use or development
of adjacent property, or be detrimental to the public welfare.
D.
The characteristics of the allowable types of public
or private educational institutions are as follows:
(1)
Academic schools, to include schools of the following
character: adult schools, correspondence schools, colleges, educational
tutoring, general education, schools for handicapped or retarded persons,
public schools and others of like kind.
(2)
Business and trade schools, to include schools of
like character: computer programming, electronics, finance, key punch
machine operator, management development, radio and others of like
kind.
(3)
Child-care schools, to include schools of the following
character: day camps, day-care centers, kindergarten, nursery schools,
prekindergartens, resident camps and others of like kind.
(4)
Dance and music schools, to include schools of the
following character: acrobatic dance, ballet dance, ballroom dance,
freestyle dance, modern dance, music schools, tap dance, twirling
schools and others of like kind.
(5)
Martial arts, to include schools of the following
character: ju jitsu, judo, karate and others of like kind.
(6)
Occupational licensing schools, to include schools
of the following character: barber schools, beauty culture schools,
dental assistant schools, nursing schools, real estate schools and
others of like kind.
(7)
Professional and professional licensing schools, to
include schools of the following character: bartender's school, business
school, chiropractic schools, schools of fashion, schools of modeling,
paralegal schools, photography schools, secretarial schools, travel
agent schools and others of like kind.
(8)
Religious schools, to include schools of the following
character: Sunday schools, Hebrew schools, Bible schools and others
of like kind.
(9)
Sports training schools, to include schools of the
following character: basketball, boxing, fencing, golf, gymnastics,
tennis and others of like kind.
(10)
Tutoring schools, to include schools of the
following character: College Board preparation, math, reading, general
tutoring and others of like kind.
(11)
Any other schools not in the above subsections
which are of like kind and nature.
E.
The following types of educational institutions shall
only be permitted as a special exception in the Commercial and Commercial/Industrial
Districts:
(1)
Driver educational schools.
(2)
Schools for the maintenance and repair of motor vehicles,
engines and aircraft.
(3)
Flying schools.
(4)
Outdoor athletic institutions.
(5)
Schools for the maintenance and repair of appliances,
including but not limited to heating and refrigeration, electric repairs,
television repair, washer, dryer, dishwasher, garbage disposal, oven
and like repairs.
(6)
Welder training schools.
(7)
Such other educational institutions having excessive
light, noise, dust, traffic and other safety hazards.
A.
A family day-care use is a facility in which care
is provided for six or fewer persons at any one time, who are not
relatives of the caregiver, where the care areas are being used as
a family residence.
(1)
Prior to the final approval of the use by the Zoning
Hearing Board and the issuing of a permit by the Zoning Officer, the
applicant must obtain a registration certificate from the Department
of Public Welfare, Bureau of Child Development Programs, or other
applicable agency.
(2)
This use shall be conducted in a building with adequate
ingress and egress and constructed so as to provide for the safety
and well-being of the occupants.
(3)
A minimum outdoor play area of 200 square feet of
contiguous area shall be provided for each child. This area shall
not include any impervious surface or parking areas.
(4)
If a family day-care use is located adjacent to a
nonresidential use, a parking lot or on a street classified as an
arterial or collector road, the outdoor play area must be enclosed
by a four-foot-high fence which is deemed appropriate by the Township.
(5)
No more than one person other than resident members
of the immediate family may be employed.
(6)
Parking standards. In addition to the off-street parking
required for a single-family home, at least one additional off-street
parking space is required for each employee, plus one space for the
loading and/or unloading of persons.
B.
A group day-care center is a facility in which care
is provided for more than six persons, who are not relatives of the
caregiver, where the group care areas are being used as a family residence.
(1)
A group day-care center shall be permitted when authorized
by the Zoning Hearing Board as a special exception.
(3)
All standards noted above for family day-care shall
be met.
(4)
The regulations of the Pennsylvania Department of
Welfare and all statutes and ordinances of the Commonwealth of Pennsylvania
and the Township shall be met.
(5)
Prior to final approval of the use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code.
A.
Yard requirements.
(1)
The minimum yard setback adjoining any residential
district or adjoining any nonconforming residential use shall be not
less than 50 feet.
(2)
The minimum yard setback adjoining any Commercial
or Commercial/Industrial District area shall be not less than 25 feet.
(3)
The required yards shall not be utilized for any buildings,
storage areas or any interior streets, drives or ramps, except:
(a)
Any yard adjoining any Commercial or Commercial/Industrial
District area may be utilized for any on-site sewerage disposal system
approved by the Township Sewage Enforcement Officer.
(b)
Any yard may be crossed by such access streets
or drives as are necessary to provide proper ingress and egress.
B.
Screening.
(1)
The natural vegetation shall be maintained or replaced with plantings in all required yard space to provide screening from adjacent properties, except as provided by Subsection A(3).
(2)
The screening in any yard adjoining any residential
district or adjoining any nonconforming residential use shall be such
that the natural vegetation or the supplemental plantings or other
screening will, within two growing seasons, create a continuous screen
not less than 10 feet in height and of such density as will obscure
90% of the light emitted from vehicle headlights on the premises throughout
the full course of the year.
C.
Illumination. All interior streets, drives, parking areas and storage areas shall be illuminated in conformance with § 155-55E, except that such illumination shall not cause illumination in excess of 0.2 footcandles, either directly or indirectly, beyond the parking lot property line adjoining any residential district or adjoining any nonconforming residential use.
D.
Paving. All interior streets, drives, ramps, parking areas, loading areas and storage areas shall be paved in accordance with § 155-55B.
E.
Drainage. The parking area shall be provided with proper drainage facilities so designed and constructed as to prohibit any adverse effect on any adjacent property in accordance with requirements of Chapter 135, Subdivision and Land Development.
F.
Noise. The operation of any parking area shall be conducted in such a manner that any noise emanating from the operation shall conform to §§ 155-11Q and 155-17G(4).
G.
Sanitary facilities. Sanitary facilities shall be provided in accordance with the standards for sewage disposal facilities in Chapter 73 of Title 25 of the Pennsylvania Code.
H.
Refuse. Refuse and solid waste disposal areas should
be adequately provided for, fenced and screened.
A.
Riding stables and kennels shall not contain any animal
exercise area, pen or kennel runway within 200 feet of any lot or
street line, exclusive of clearly identified and well-maintained bridle
paths.
C.
Off-street parking, loading, buffering and screening provisions are required per § 155-55 of this chapter.
[Added 3-10-2008 by Ord. No. 462]
A.
Flea markets shall only be permitted by special exception
within the Commercial District. The applicant shall provide the Township,
particularly the Township Zoning Hearing Board and the Township Planning
Commission, with plans to ensure adequate parking, emergency access,
road access, sanitary facilities, refuse collection, noise control
and cleanup after each day of operation.
C.
All flea markets shall conform to all requirements of Article X, applicable minimum lot and yard requirements, and any other requirements of this chapter or other ordinance of the Township. In the event there is an inconsistency in ordinance provisions and/or requirements, the more restrictive requirements shall apply.
D.
There shall be no outdoor storage of supplies, goods
or waste.
E.
The appropriate area and number of off-street parking
spaces shall be provided, and access to parking areas and emergency
entrances shall be designated to minimize disturbance to adjoining
properties. Flea market parking requirements for indoor facilities
shall be a minimum of one space per 300 square feet of gross floor
area and a maximum of one space per 200 square feet of gross floor
area. The parking requirements for outdoor facilities shall be a minimum
of one space per 375 square feet of gross floor area of sales and
service buildings and a maximum of 1.5 spaces per 375 square feet
of gross area of sales and service buildings.
F.
A provision shall be made for water supply and sewerage
disposal in accordance with accepted practice and applicable state,
county and Township regulations and standards.
G.
The operation of a flea market must comply with all
state, federal and local rules and law.
H.
Signs advertising a flea market shall comply with
the limitations set forth in § 155-32A(6) of the Tobyhanna
Township Zoning Ordinance.
I.
The proposed use and related structures shall be arranged
and/or constructed in accordance with an overall plan and shall be
designed as a single architectural style with appropriate landscaping
and buffering in a form compliant with the Township ordinances and
acceptable to the Township.
J.
No more than 30% of the lot area shall be occupied
by buildings, booths, table, tents, parking lots and/or other impervious
surfaces.
K.
Flea markets shall be limited to parcels of land that
are two acres in size or more.
